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Surviving Boston Marathon bombing suspect today asked for more time to make their case against the death penalty.
Attorneys for the accused bomber today told a judge prosecutors still have not given them some key evidence.
Prosecutors argued it's been almost six months since the bombings which killed three people and injured more than 260 others they called that a quote.
Reasonable amount of time for the defense to make its case the suspect was not in court today.
Keep in mind while Massachusetts does not have the death -- -- this is a federal case.
And attorney general Eric Holder will have the ultimate say on whether to seek the death penalty.
Let's bring in the judge joining us now Fox News senior judicial analyst judge Andrew Napolitano judge great -- -- -- likewise straits.
Something else is going on here it's not just the defense stalling for time here mean there are literally trying to go in and look for ways and mitigating factors to save this man's life.
You know this is a very and unique time.
In a criminal prosecution -- prosecution for murder and a prosecution where the government is likely to seek the death penalty.
This is that's sort of amorphous time where the lawyers try to talk to each other to see if there's some common ground and obviously there's no common ground.
Between the defense and the government on this issue.
So the defense has asked to make a mini argument.
To the government in the presence of the judge.
As to why the death penalty would be inappropriate in this case so they'll say things like.
You know his heart wasn't in it he didn't plan -- plot -- he was controlled by.
His brother he didn't even know what was gonna happen he didn't plan this out he just went a long and the brother is always controlled him.
For the time period they were in America where where do you accept that argument -- not -- you think it's a valid argument or not.
The government doesn't want to hear about the government will be forced to hear because it's going to be maintained the presence of a judge.
That there are some other things that defense counsel wants to say about the defendant.
To the government in the presence of the judge off the record that they don't want the public to know about and that's why they've asked for this rather extraordinary hearing.
It's almost unheard of that anything happens in a murder case in the defendant is not there he will not be there today.
And it's it's fasting just hit a point about time -- -- they judge the prosecution turns its case over to the attorney general.
Department of Justice on October 31 you said likely.
Will seek the death penalty can you envision any circumstance -- -- -- does not seek the death penalty in this case well.
Eric Holder is a bit of an iconoclast -- mean this is a person who wanted to try the 9/11.
Defendants in lower Manhattan and stuck to that decision until there was an overwhelming tide including from.
The Democratic Party against -- and nothing would surprise me coming from him.
And while mr.
-- hires lawyers will have an opportunity.
To negotiate with Eric Holder directly in DC before he makes the decision.
What they're trying to do today is trying to set the pace on -- -- death penalty path.
In order to make arguments for him that they don't want to being heard in public so it's fascinating stuff I think they're gonna lose I think they're gonna seek the death penalty and I think.
The evidence of guilt is overwhelming.
But they're doing what lawyers do.
Judge anabolic judge.
Good to see it thank you -- pleasure Trace.
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