This Article is From Jun 19, 2014

No 'Betrayal of US' Argument for Marathon Suspect

No 'Betrayal of US' Argument for Marathon Suspect

FILE - This file photo provided April 19, 2013 by the Federal Bureau of Investigation shows Boston Marathon bombing suspect Dzhokhar Tsarnaev.

Boston: A federal judge has ruled that "betrayal of the United States" should not be a factor in considering if Boston Marathon bombing suspect Dzhokhar Tsarnaev gets the death penalty.

US District Court Judge George O'Toole said Wednesday it was "highly inappropriate" for prosecutors to draw a distinction between a "naturalised" and "natural-born" US citizen.

Federal prosecutors argue Tsarnaev deserves death, in part, because he betrayed his allegiance to the US after it gave him and his Russian-born family asylum and citizenship more than a decade ago.

Tsarnaev's attorneys argued that the federal government has never cited a defendant's immigration history in nearly 500 previous death penalty cases.

O'Toole also issued a stern warning to prosecutors about current or former members of its team speaking to the media.

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