Federal Speedy Trial Act Won't Apply to Dzhokhar Tsarnaev
This Sunday will mark 30 days since suspected Boston marathon bomber Dzhokhar Tsarnaev was found hiding in a man's boat, the walls of which he reportedly covered with a written confession. According to the Federal Speedy Trial Act of 1974, "the information or indictment must be filed within 30 days from the date of arrest or service of the summons." So, where's the indictment? According to the AP, federal prosecutors will request more time:
U.S. Attorney Carmen Ortiz's office did not specify the exception under which they would seek more time but those available to prosecutors include delays related to the defendant's physical capacity. Tsarnaev remains in a prison hospital after being badly wounded in a gun battle with police before his arrest.
This is the second legal setback for Tsarnaev today. Earlier, a judge denied his lawyers' request to take photos of him while he recovers from his injuries at a prison hospital. The hospital does not allow cameras for security reasons, but Tsarnaev's lawyers argued that they were necessary to document how fit he was when he gave those statements following his arrest and before he was read his Miranda rights, possibly in a bid to spare Tsarnaev the death penalty.
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Photos will be taken of Tsarnaev, but by prison officials rather than his lawyers. The prosecution will have access to those photos.
