Prosecutors: Marathon bombs used Christmas lights

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Prosecutors: Marathon bombs used Christmas lights
FILE- In this Oct. 13, 2014 file photo, Ailiana Tsarnaeva, sister of Boston Marathon bombing suspect Dzhokhar Tsarnaev, departs district court in Boston's South Boston neighborhood. Tsarnaeva has been arrested in New York City for allegedly threatening to bomb a Harlem woman. Police say that she is charged with aggravated harassment for threatening the woman over the phone on Monday, Aug. 25. She was issued an appearance ticket and is due back in court on Sept. 30. (AP Photo/Steven Senne, File)
FILE - In this Friday, April 19, 2013 file photo provided by the Massachusetts State Police, 19-year-old Boston Marathon bombing suspect Dzhokhar Tsarnaev leans over in a boat at the time of his capture by law enforcement authorities in Watertown, Mass. Tsarnaev has pleaded not guilty in the April 15, 2013, Boston Marathon bombing, which killed three people and injured more than 260 others. His brother, Tamerlan Tsarnaev, died following a shootout with police. The Boston Marathon bombing has been selected the sports story of the year in an annual vote conducted by The Associated Press. (AP Photo/Massachusetts State Police, Sean Murphy, File)
Graphic shows photos of suspects; locates Watertown and Cambridge, Mass., where Boston Marathon bombing suspects exchanged gunfire and one is dead
This Friday, April 19, 2013 image made available by the Massachusetts State Police shows 19-year-old Boston Marathon bombing suspect, Dzhokhar Tsarnaev, hiding inside a boat during a search for him in Watertown, Mass. He was pulled, wounded and bloody, from the boat parked in the backyard of a home in the Greater Boston area. Two U.S. officials say the surviving suspect in the Boston bombings was unarmed when police captured him hiding inside a boat in a neighborhood back yard. Authorities originally said they had exchanged gunfire with Dzhokhar Tsarnaev for more than one hour Friday evening before they were able to subdue him. (AP Photo/Massachusetts State Police)
This still frame from video shows Boston Marathon bombing suspect Dzhokhar Tsarnaev visible through an ambulance after he was captured in Watertown, Mass., Friday, April 19, 2013. A 19-year-old college student wanted in the Boston Marathon bombings was taken into custody Friday evening after a manhunt that left the city virtually paralyzed and his older brother and accomplice dead. (AP Photo/Robert Ray)
FILE - This undated file photo provided by the Middlesex District Attorney's Office shows Massachusetts Institute of Technology Police Officer Sean Collier, 26, of Somerville, Mass., who was shot to death Thursday, April 18, 2013 on the school campus in Cambridge, Mass. Stephen Silva, a friend of Boston Marathon bombing suspect Dzhokhar Tsarnaev, was arrested Tuesday, July 22, 2014, and is believed to have provided the handgun used to kill Collier. (AP Photo/Middlesex District Attorney's Office, File)
In this April 19, 2013, Massachusetts State Police photo, state troopers prepare for the final assault on the boat where Boston Marathon bombing suspect Dzhokhar Tsarnaev was hiding in Watertown, Mass. Tsarnaev, 19, was captured later that night. (AP Photo/Massachusetts State Police, Sean Murphy)
In this Friday, April 19, 2013 Massachusetts State Police photo, law enforcement officials converge on the scene near where Boston Marathon bombing suspect Dzhokhar Tsarnaev was thought to be hiding in Watertown, Mass. Tsarnaev, was captured later that night, bleeding and hiding in a boat in a nearby backyard. Photos of the Boston Marathon bombing suspect's surrender have been posted on the Boston Magazine website. The additional images, made public made public Tuesday, Aug. 27, 2013, were among those released to the magazine last month by a state police photographer. (AP Photo/Massachusetts State Police, Sean Murphy)
Heavily armed police continue to patrol the neighborhoods of Watertown, Mass. Friday, April 19, 2013, as they continue a massive search for one of two suspects in the Boston Marathon bombing. A second suspect died in the early morning hours after an encounter with law enforcement. (AP Photo/Craig Ruttle)
A police officer runs with his weapon drawn as he conduct a search for a suspect in the Boston Marathon bombings, Friday, April 19, 2013, in Watertown, Mass. Two suspects in the Boston Marathon bombing killed an MIT police officer, injured a transit officer in a firefight and threw explosive devices at police during a getaway attempt in a long night of violence that left one of them dead and another still at large Friday, authorities said as the manhunt intensified for a young man described as a dangerous terrorist.(AP Photo/Matt Rourke)
Officials wearing tactical gear stand near an armored vehicle as they search an apartment building for one of two suspects in the Boston Marathon bombing, in Watertown, Mass., Friday, April 19, 2013. Two suspects in the Boston Marathon bombing killed an MIT police officer, injured a transit officer in a firefight and threw explosive devices at police during a getaway attempt in a long night of violence that left one of them dead and another still at large Friday, authorities said as the manhunt intensified for a young man described as a dangerous terrorist. (AP Photo/Julio Cortez)
BOSTON - APRIL 15: Police walk through the evacuated scene at Exeter and Boylston Streets after two explosions went off near the finish line of the 117th Boston Marathon on April 15, 2013. This image was taken at 3:05:12 p.m. (Aaron Tang for The Boston Globe via Getty Images)
BOSTON, MA - APRIL 7: People attend the Boston Marathon memorial exhibition, 'Dear Boston: Messages from the Marathon Memorial,' at the Boston Public Library April 7, 2014 in Boston, Massachusetts. Three spectators were killed and more than two hundred sixty injured when two bombs exploded on Marathon Monday, which prompted a massive manhunt for suspects later identified as Tamerlan and Dzhokhar Tsarnaev, two brothers from Chechnya, living in Cambridge, Massachusetts. Photo by Darren McCollester/Getty Images)
LOWELL, MA - NOVEMBER 9: Kevin Corcoran leans over to kiss his wife, Celeste, during a Tsongas Arena hockey game and an event called Riverhawks Strong to honor victims and first responders of the Boston Marathon bombing. Celeste, who lost both her legs in the attack, was tired after being on her legs more than 12 hours. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - FEBRUARY 12: Boston Marathon bombing survivor Marc Fucarile attended a hearing for suspect Dzhokhar Tsarnaev in US District Court, on Wednesday Feb. 12, 2014, where the judge set trial for Nov. 3. Fucarile declined to speak to media outside the courthouse. (Photo by Pat Greenhouse/The Boston Globe via Getty Images)
WATERTOWN, MA - APRIL 7: The home on Franklin Street where Dzhokhar Tsarnaev was found hiding in a boat in the backyard is seen April 7, 2014 in Watertown, Massachusetts. Dzhokhar Tsarnaev, along with his deceased brother Tamerlan, are accused of setting off two bombs at the 2013 Boston Marathon finish line that killed three spectators and injured over two hundred and sixty. Following a shootout with police just a few blocks from this home, Tamerlan was run over by his brother while fleeing, prompting a day long manhunt through the streets of Watertown. Photo by Darren McCollester/Getty Images)
CAMBRIDGE, MA - APRIL 7: A stone memorial honors Massachusetts Institute of Technology police officer Sean Collier April 7, 2014 in Cambridge, Massachusetts. Collier was killed on the night of April 18, 2013, as he sat in his patrol car in the plaza at the intersection of Vassar and Main Streets, when two suspects in the Boston Marathon bombings attempted to steal his weapon. The two men were later identified as Tamerlan and Dzhokhar Tsarnaev. (Photo by Darren McCollester/Getty Images)
LOWELL, MA - NOVEMBER 9: Celeste Corcoran waves to a standing ovation at Tsongas Arena during an event called Riverhawks Strong to honor victims and first responders of the Boston Marathon bombing. Celeste, who lost both her legs in the attack, holds onto her husband, Kevin, as daughter Sydney, rear, looks on. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - APRIL 15: Emergency personnel respond to the scene at Exeter and Boylston Streets after two explosions went off near the finish line of the 117th Boston Marathon on April 15, 2013. This image was taken at 2:57:25 p.m. (Aaron Tang for The Boston Globe via Getty Images)
BOSTON - APRIL 15: Emergency personnel respond to the scene at Exeter and Boylston Streets after two explosions went off near the finish line of the 117th Boston Marathon on April 15, 2013. This image was taken at 2:52:36 p.m. (Aaron Tang for The Boston Globe via Getty Images)
BOSTON - APRIL 15: Emergency personnel respond to the scene at Exeter and Boylston Streets after two explosions went off near the finish line of the 117th Boston Marathon on April 15, 2013. This image was taken at 2:58:34 p.m. (Aaron Tang for The Boston Globe via Getty Images)
BOSTON - APRIL 15: Emergency personnel respond to the scene at Exeter and Boylston Streets after two explosions went off near the finish line of the 117th Boston Marathon on April 15, 2013. This image was taken at 2:52:19 p.m. (Aaron Tang for The Boston Globe via Getty Images)
BOSTON - APRIL 15: Emergency personnel respond to the scene at Exeter and Boylston Streets after two explosions went off near the finish line of the 117th Boston Marathon on April 15, 2013. This image was taken at 2:52:07 p.m. (Aaron Tang for The Boston Globe via Getty Images)
In this magazine cover image released by Wenner Media, Boston Marathon bombing suspect Dzhokhar Tsarnaev appears on the cover of the Aug. 1, 2013 issue of "Rolling Stone." (AP Photo/Wenner Media)
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By Sylvia Lee Wingfield

BOSTON (AP) - The Boston Marathon bombing suspects used "relatively sophisticated" bombs with fuses made from Christmas lights and remote-control detonators made from model car parts, federal prosecutors said Wednesday in a court filing arguing statements one of them made to FBI agents after being captured shouldn't be thrown out.

The filing argued against a defense motion to toss suspect Dzhokhar Tsarnaev's statements to the agents because he was questioned without a lawyer.

Prosecutors said the bombs, comments Tsarnaev and his brother made to a carjacking victim that they might explode more bombs in New York, and a note Tsarnaev wrote in a boat where he was captured made it imperative to know if there was a continuing terror threat before informing him of his rights. Prosecutors also said the brothers used fine black powder from firecrackers as fuel for the bombs and, since none was found in searches of their homes and cars, investigators worried they had help.

"Interviewing Tsarnaev as soon as possible was therefore essential to protect the public from possible harm," prosecutors wrote, citing a public safety exception to the Miranda rule about informing suspects of their rights before interrogation if their statements are to be used in court against them.

The prosecutors said Tsarnaev told agents he and his brother, Tamerlan Tsarnaev, acted alone and there were no more bombs.

Dzhokhar Tsarnaev, 20, has pleaded not guilty to several federal charges. Prosecutors allege he and his brother planted two pressure cooker bombs near the marathon's finish line, killing three people and injuring more than 260 others. His brother was killed during a gunbattle with police on April 19, 2013, four days after the marathon bombing.

Prosecutors said Tsarnaev explained his motive in the note he left in the boat. It said the U.S. government was killing innocent civilians. "I can't stand to see such evil go unpunished," the note said in part. "We Muslims are one body, you hurt one you hurt us all." It ended, "Stop killing our innocent people and we will stop."

This month, lawyers for Dzhokhar Tsarnaev argued the statements he made after his arrest should be thrown out because he was questioned for 36 hours in a hospital room while suffering from gunshot wounds and without being told his rights. They said the questioning continued "despite the fact that he quickly allayed concerns about any continuing threat to public safety, repeatedly asked for a lawyer, and begged to rest." They said his treatment included painkillers that impaired his judgment.

Prosecutors, though, said that before agents questioned Tsarnaev a nurse told them he had no brain injuries and his medication would not "inhibit his mental faculties." They denied Tsarnaev was coerced or mistreated, saying they waited for his condition to improve before interrogating him and gave him rest breaks. They said they don't need Tsarnaev's statements to present their case against him but reserve the right to use them to rebut any inconsistent testimony.

In separate filings Wednesday, prosecutors also rejected defense motions that the federal death penalty should be declared unconstitutional and that some aggravating factors they have cited in seeking the death penalty should be thrown out.

They said "betrayal of the United States" by Tsarnaev as a U.S. citizen is a permissible factor but they would modify it to delete a reference to his status as a naturalized citizen. They said they propose to note instead that he violated the oath of allegiance he took in becoming a citizen.

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