Lawyers for Boston Marathon bomber to argue for new trial

Before you go, we thought you'd like these...
Boston Marathon Bomber Dzhokhar Tsarnaev Found Guilty


Lawyers for Boston Marathon bomber Dzhokhar Tsarnaev are due in court on Tuesday to seek a new trial for their client, who was sentenced to death in June for the 2013 bomb attack that killed three people and injured more than 260.

U.S. District Judge George O'Toole agreed last month to hear defense attorneys' arguments about a federal sentencing law that applied additional prison time for crimes committed while in possession of a firearm. The Supreme Court found it overly broad two days after Tsarnaev was sentenced to death by lethal injection.

SEE ALSO: 'The Jinx's' Robert Durst sued for $100 million by missing wife's family

Defense lawyers are also asking that rules put in place ahead of the trial providing them with privacy to communicate with their client be left intact as they prepare for appeal.

The defense in August asked that Tsarnaev be re-tried outside Boston, saying the intense publicity surrounding the attack and the trial unfairly influenced the 12 jurors who found their client guilty and sentenced him to death.

Tsarnaev, 22, is being held at the "Supermax" high security prison in Florence, Colorado, while his attorneys appeal his death sentence. He is not expected to be present in court, according to a spokeswoman for federal prosecutors.

He was last seen in public on June 24, when he said he was "sorry for the lives I have taken." His older brother, Tamerlan, who participated in the April 15, 2013 attack, died following a gun battle with police three days after the bombing.

See photos from Tsarnaev's death penalty sentencing:

20 PHOTOS
Tsarnaev official death penalty sentencing
See Gallery
Lawyers for Boston Marathon bomber to argue for new trial
In this courtroom sketch, Boston Marathon bomber Dzhokhar Tsarnaev, right, stands before U.S. District Judge George O'Toole Jr. as he addresses the court during his sentencing, Wednesday, June 24, 2015, in federal court in Boston. Tsarnaev apologized to the victims and their loved ones for the first time Wednesday just before the judge formally sentenced him to death. (Jane Flavell Collins via AP)
BOSTON, MA - JUNE 24: Dic Donahue, who was injured during a shootout with the Boston Marathon Bombers, leaves John Joseph Moakley United States Courthouse following the formal sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
Boston Marathon bombing survivors, from left, Lynn Julian, Henry Borgard and Scott Weisberg speak to the media outside federal court in Boston, Wednesday, June 24, 2015, after Dzhokhar Tsarnaev was formally sentenced to death for his role in the bombing. (AP Photo/Michael Dwyer)
BOSTON, MA - JUNE 24: A law enforcement official in heavy gear looks out of a window while vehicles bring Boston Marathon Bomber Dzhokar Tsarnaev to John Joseph Moakley United States Court House on June 24, 2015 in Boston, Massachusetts for his official sentencing. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: Police officals talk in front of John Joseph Moakley United States Courthouse after a man was taken into custody who had a meat cleaver in his car during the formal sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: A man sits while police search his car after they found a meat cleaver in it in front of John Joseph Moakley United States Courthouse during the formal sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
Police detain an unidentified man after removing a cleaver from his car parked in front of the federal court house in Boston, Wednesday, June 24, 2015. Dzhokhar Tsarnaev was in court for formal sentencing for his role in the Boston Marathon bombings. (AP Photo/Michael Dwyer)
BOSTON, MA - JUNE 24: FBI Special Agent in Charge of Boston, Vincent Lisi, center, arrives at John Joseph Moakley United States Courthouse for the official sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: Boston Marathon Bombing victim Heather Abbott arrives at John Joseph Moakley United States Courthouse for the official sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: Boston Marathon Bombing victim Rebekah Gregory arrives at John Joseph Moakley United States Courthouse for the official sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: Death penalty protesters outside of John Joseph Moakley United States Courthouse during the official sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts for his official sentencing. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: A convoy of law enforcement vehicles brings Boston Marathon Bomber Dzhokar Tsarnaev to John Joseph Moakley United States Court House on June 24, 2015 in Boston, Massachusetts for his official sentencing. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: Miriam Conrad, member of the defense team for Boston Marathon Bomber Dzhokhar Tsarnaev, talks on her phone outside of John Joseph Moakley United States Courthouse before the official sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - JUNE 24: Boston Marathon Bombing victim Erika Brannock, front left, arrives with her mother, Carol Downing at John Joseph Moakley United States Courthouse for the official sentencing of Boston Marathon Bomber Dzhokar Tsarnaev on June 24, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON - JUNE 24: Unidentified woman pauses before being assisted into the courthouse. Dzhokhar Tsarnaev is sentenced for the Boston Marathon bombings, on Wednesday, June 24, 2015. (Photo by Pat Greenhouse/The Boston Globe via Getty Images)
Homeland Security police patrol outside federal court in Boston, Wednesday, June 24, 2015. More than 20 victims of the Boston Marathon bombing and their family members are expected to address the court regarding the attack's impact on their lives before a judge formally sentences bomber Dzhokhar Tsarnaev to death. (AP Photo/Michael Dwyer)
A Boston police officer and his explosives detection dog patrol through a maze of police vehicles outside the Moakley Federal Courthouse in Boston, Wednesday, June 24, 2015. More than 20 victims of the Boston Marathon bombing and their family members are expected to address the court regarding Dzhokhar Tsarnaev's impact on their lives before a judge formally sentences bomber Tsarnaev to death. (AP Photo/Charles Krupa)
Protesters stand outside federal court in Boston where Dzhokhar Tsarnaev will be formally sentenced, Wednesday, June 24, 2015, for his role in the Boston Marathon bombing. A federal jury last month condemned Tsarnaev to die for the 2103 bombing that killed three people and wounded more than 260. (AP Photo/Michael Dwyer)
Courtroom spectators line up outside federal court in Boston where Dzhokhar Tsarnaev will be formally sentenced, Wednesday, June 24, 2015, for his role in the Boston Marathon bombing. A federal jury last month condemned Tsarnaev to die for the 2103 bombing that killed three people and wounded more than 260. (AP Photo/Michael Dwyer)
of
SEE ALL
BACK TO SLIDE
SHOW CAPTION +
HIDE CAPTION

In addition to killing three people with homemade pressure-cooker bombs that the brothers learned to make from an al Qaeda publication, the two shot dead a university police officer as they tried to flee the city.

Martin Richard, 8, Chinese exchange student Lingzi Lu, 26, and restaurant manager Krystle Campbell, 29, died in the bombing. Three days later the Tsarnaevs shot dead Massachusetts Institute of Technology police officer Sean Collier, 26.

The legal wrangling over Tsarnaev's fate could play out for years, if not decades. Just three of the 74 people sentenced to death in the United States for federal crimes since 1998 have been executed.

(Reporting by Scott Malone; Editing by Dan Grebler)

See photos from the scene of the bombing in 2013:

39 PHOTOS
Boston Marathon bombing
See Gallery
Lawyers for Boston Marathon bomber to argue for new trial
BOSTON - APRIL 15: Police officers with their guns drawn hear the second explosion down the street. The first explosion knocked down 78-year-old US marathon runner Bill Iffrig at the finish line of the 117th Boston Marathon. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - APRIL 15: Two explosions went off near the finish line of the 117th Boston Marathon on April 15, 2013. (Photo by David L. Ryan/The Boston Globe via Getty Images)
BOSTON - APRIL 15: (EDITOR'S NOTE: THIS IMAGE CONTAINS GRAPHIC CONTENT) Destruction and injured people at the site of the one of the explosions that went off near the finish line of the 117th Boston Marathon. Barricades hindered the EMS from getting to the injured. (Photo by John Tlumacki/The Boston Globe via Getty Images)
FILE - This Monday, April 15, 2013 photo provided by Bob Leonard shows Tamerlan Tsarnaev, third from left, who was dubbed Suspect No. 1 and second from left, Dzhokhar A. Tsarnaev, who was dubbed Suspect No. 2 in the Boston Marathon bombings by law enforcement. This image was taken approximately 10-20 minutes before the blast. (AP Photo/Bob Leonard)
BOSTON - APRIL 15: A second explosion goes off near the finish line of the 117th Boston Marathon on April 15, 2013. (Photo by David L. Ryan/The Boston Globe via Getty Images)
FILE - In this April 15, 2013, file photo, Emergency Medical Services EMT Paul Mitchell, left, Carlos Arredondo, center, and Devin Wang, rear, push Jeff Bauman in a wheelchair after he was injured in one of two explosions near the finish line of the Boston Marathon in Boston. Opening statements are scheduled Wednesday, March 4, 2015, in the federal death penalty trial of Dzhokhar Tsarnaev for allegedly conspiring with his brother to place twin bombs near the finish line of the race, killing three and injuring 260 people. (AP Photo/Charles Krupa, File)
BOSTON, MA - APRIL 15: A man is loaded into an ambulance after he was injured by one of two bombs exploded during the 117th Boston Marathon near Copley Square on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Jim Rogash/Getty Images)
Runner John Ounao crying when he finds friends after several explosions rocked the finish of the Boston Marathon in Boston, Massachusetts, on April 15, 2013. At least two people were killed and 22 wounded when two explosions struck near the finish line of the Boston Marathon, sparking scenes of panic, police said. The streets were littered with debris and blood and paramedics raced off with stretchers as police locked down the area, witness said. TV footage showed an explosion sending up a white plume of smoke along the sidelines of the race. AFP PHOTO/John MOTTERN (Photo credit should read JOHN MOTTERN/AFP/Getty Images)
BOSTON - APRIL 15: Two officials run away from the first explosion, right, on Boylston Street at the 177th Boston Marathon, April 15, 2013. (Photo by John Tlumacki/The Boston Globe via Getty Images)
First responders load injured people into an ambulance where two explosions occurred along the final stretch of the Boston Marathon on Boylston Street in Boston, Massachusetts, U.S., on Monday, April 15, 2013. Two powerful explosions rocked the finish line area of the Boston Marathon near Copley Square and police said many people were injured. Photographer: Kelvin Ma/Bloomberg via Getty Images
Runners and spectators flee from the scene where two explosions occurred along the final stretch of the Boston Marathon on Boylston Street in Boston, Massachusetts, U.S., on Monday, April 15, 2013. Two powerful explosions rocked the finish line area of the Boston Marathon near Copley Square and police said many people were injured. Photographer: Kelvin Ma/Bloomberg via Getty Images
BOSTON, MA - APRIL 15: A runner reacts near Kenmore Square after two bombs exploded during the 117th Boston Marathon on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Alex Trautwig/Getty Images)
BOSTON - APRIL 15: Boston Police struggle to remove barricades to reach victims of the first explosion that went off near the finish line of the 117th Boston Marathon,. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - APRIL 15: A person who was injured in the first explosion is wheeled across the finish line of the Boston Marathon. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - APRIL 15: (EDITOR'S NOTE: THIS IMAGE CONTAINS GRAPHIC CONTENT) A person who was injured in an explosion near the finish line of the 117th Boston Marathon is taken away from the scene on a stretcher. (Photo by David L. Ryan/The Boston Globe via Getty Images)
BOSTON, MA - APRIL 15: A runner sits near Kenmore Square after two bombs exploded during the 117th Boston Marathon on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Alex Trautwig/Getty Images)
FILE - In this Monday, April 15, 2013 file, an unidentified Boston Marathon runner cries as she leaves the course near Copley Square in Boston after two explosions at the finish line. The Boston Marathon bombing has been selected the sports story of the year in an annual vote conducted by The Associated Press. (AP Photo/Winslow Townson, File)
FILE - In this image from video provided by WBZ TV, a bomb explodes near the finish line of the Boston Marathon in Boston on Monday, April 15, 2013. (AP Photo/WBZTV) MANDATORY CREDIT
FILE - This photo provided by Bruce Mendelsohn shows one of the sites of two bombs detonated during the 2013 Boston Marathon in Boston on Monday, April 15, 2013. (AP Photo/Bruce Mendelsohn) MANDATORY CREDIT: BRUCE MENDELSOHN
Medical workers aid injured people at the finish line of the 2013 Boston Marathon following an explosion Monday, April 15, 2013 in Boston. Two bombs exploded near the finish line of the marathon on Monday, killing at least two people, injuring at least 22 others and sending authorities rushing to aid wounded spectators. (AP Photo/Charles Krupa)
Trash is strewn on the street near the finish line of the Boston Marathon where several explosions rocked the event April 15, 2013 in Boston, Massachusetts. At least two people were killed and 22 wounded when two explosions struck near the finish line of the Boston Marathon, sparking scenes of panic, police said. The streets were littered with debris and blood and paramedics raced off with stretchers as police locked down the area, witness said. TV footage showed an explosion sending up a white plume of smoke along the sidelines of the race. AFP PHOTO/John MOTTERN (Photo credit should read JOHN MOTTERN/AFP/Getty Images)
BOSTON, MA - APRIL 15: A swat team arrives at the corner of Stuart Street and Dartmouth Street after two explosive devices detonated at the finish line of the 117th Boston Marathon on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Darren McCollester/Getty Images)
BOSTON - APRIL 16: Newspapers are on sale at a stand on Newbury Street on April 16, 2013 in Boston, Massachusetts. Security is especially tight in the city of Boston after two explosions went off near the finish of the Marathon, killing three people and injuring at least 141 others. (Photo by Darren McCollester/Getty Images)
A mourner places a note with flowers at a police barricade near the finish line of the Boston Marathon in Boston Tuesday, April 16, 2013. The bombs that ripped through the crowd at the Boston Marathon, killing three people and wounding more than 170, were fashioned out of pressure cookers and packed with metal shards, nails and ball bearings to inflict maximum carnage, a person briefed on the investigation said Tuesday. (AP Photo/Winslow Townson)
This Friday, April 19, 2013 image made available by the Massachusetts State Police shows a police vehicle probing the boat where 19-year-old Boston Marathon bombing suspect, Dzhokhar Tsarnaev, was hiding in Watertown, Mass. He was pulled, wounded and bloody, from the boat parked in the backyard of a home in the Greater Boston area. (AP Photo/Massachusetts State Police)
(AP Photo/Massachusetts State Police)
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)
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 April 19, 2013, Massachusetts State Police photo, shows the boat where Boston Marathon bombing suspect Dzhokhar Tsarnaev hides in Watertown, Mass. Tsarnaev, 19, was captured later that night. Sean Murphy, photographer of this image, said it was made from the point-of-view where a law enforcement sniper took a position before the capture of Tsarnaev at the boat (AP Photo/Massachusetts State Police, Sean Murphy)
In this Friday, April 19, 2013 Massachusetts State Police photo, tactical emergency medical technicians tend to Boston Marathon bombing suspect Dzhokhar Tsarnaev, partially obscured center, at the time of his capture by law enforcement authorities in Watertown, Mass. Photos of the Boston Marathon bombing suspect's surrender have been posted on the Boston Magazine website. The additional images, 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)
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)
via AP
via AP
Race fans with a "Boston Strong" flag cheer for competitors near the finish line of the 118th Boston Marathon, Monday, April 21, 2014, in Boston. (AP Photo/Robert F. Bukaty)
A fan wears a Boston Bruins jersey bearing the Boston area code and "Boston Strong," remembering the city's solidarity after the Boston Marathon bombing in April, before Game 4 of the NHL hockey Stanley Cup Finals between the Bruins and the Chicago Blackhawks, Wednesday, June 19, 2013, in Boston. (AP Photo/Charles Krupa)
BOSTON, MA - NOVEMBER 02: Jonny Gomes #5 of the Boston Red Sox lays the World Series trophy and the 'Boston Strong 617' jersey onto the finish line of the Boston Marathon on Boylston Street during the World Series victory parade on November 2, 2013 in Boston, Massachusetts. (Photo by Jared Wickerham/Getty Images)
A "B Strong" logo adorns the grass in centerfield at Fenway Park while the Boston Red Sox work out on Wednesday, Oct., 2, 2013, in Boston. The Red Sox will pay tribute to victims of the Boston Marathon bombings when the AL division series opens Friday. The logo matches the patch the team has worn since the April 15 explosions. (AP Photo/Jimmy Golen)
BOSTON - MARCH 15: A bagpiper wears a Boston Strong jersey during the St. Patrick's Day Parade in the South Boston neighborhood on March 15, 2015. (Photo by Jessica Rinaldi/The Boston Globe via Getty Images)
of
SEE ALL
BACK TO SLIDE
SHOW CAPTION +
HIDE CAPTION


More on AOL.com:
Moment of truth as Puerto Rico faces crucial debt payment
Prisoner swap frees Lebanese soldiers and IS leader's ex-wife
Spreading disease threatening popular type of banana

Read Full Story

People are Reading