Dzhokhar Tsarnaev, the accused Boston Marathon bomber, repeatedly requested a lawyer and complained of his deteriorating medical condition while he recovered from gunshot wounds to his head, face, throat, and jaw in the hours and days after his arrest in Watertown. Yet he was continuously interrogated by FBI agents who told him he needed to answer questions to ensure that there was no longer a public safety threat, his lawyers say in court filings Wednesday.
The FBI agents told him his brother Tamerlan Tsarnaev, who had been killed earlier, was still alive, and they turned away defense lawyers who arrived at Beth Israel Deaconess Medical Center on his behalf, according to the court documents, with one agent saying Tsarnaev was not even in custody.
“Despite Mr. Tsarnaev’s entreaties to be left alone, allowed to rest, and provided with a lawyer, the agents persisted in questioning him throughout the night and into the [next] morning,” Tsarnaev’s lawyers said in the court filings.
The lawyers urged US District Court Judge George A. O’Toole Jr. to strike any of the statements Tsarnaev made in the hours after his arrest and before he had access to a lawyer, saying law enforcement officials violated his constitutional rights. The court documents provide the most descriptive account to date of Tsarnaev’s health, mental state, and interaction with law enforcement officials in the days after his arrest.
The documents state that Tsarnaev’s condition declined after he was brought to the hospital the night of April 19, 2013, four days after the bombings, to the point that he needed to be intubated to keep him alive.
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