Tsarnaev's lawyers have asked U.S. District Judge Gregory O'Toole for an indefinite extension of the Feb. 28 deadline he set back in November, the Boston Globe reported. Federal prosecutors, in a court filing Monday, maintain the defense has enough time to decide if they want the trial moved out of Boston.
"This court set the motion deadline for this specific issue, obviously signaling to all parties that it considered this to be a significant issue to be addressed sooner rather than later," the prosecutors wrote.
Tsarnaev, 20, and his older brother Tamerlan allegedly detonated two bombs that killed three people and injured 260 more at the marathon finish line April 15 and then killed a Massachusetts Institute of Technology police officer two days later. Tamerlan was killed in a confrontation with police.
O'Toole has given U.S. Attorney General Eric Holder a deadline at the end of January to decide whether to seek the death penalty.