A judge made the ruling on Wednesday that the prosecution in the Boston Marathon bombing suspect’s trial that they could not use the argument that Dzhokhar Tsarnaev betrayed the United States.
The Associated Press reports Judge George O’Toole found it “highly inappropriate” for the prosecution to distinguish between a U.S. citizen who was either “naturalized” or “natural-born.” The prosecutors aimed to argue that Tsarnaev should get the death penalty since he betrayed the United States after they had granted his family asylum.
Judge O’Toole argued the prosecutors had more than enough evidence they could use to support their bid for the death penalty. He also warned prosecutors not to speak to the media, but didn’t impose any sanctions if any more leaks occurred.
The judge was referring to the defense’s objection over interviews that were given by a retired FBI agent where information was given.
Reuters reported the judge also denied the defense’s request for Tsarnaev to meet with his family privately without federal agents being involved.
Tsarnaev’s trial is set to take place in November. His lawyers are still looking into a venue change, due to the media coverage in the Boston area.