Dzhokhar Tsarnaev boat writing not a call to arms

(UPI) -- When law enforcement officers pulled a bleeding Dzhokhar Tsarnaev from a boat in a Watertown backyard at the end of a four-day manhunt, the accused Boston Marathon bomber left a note prosecutors said was a call-to-arms.

"The U.S. government is killing our innocent civilians," Tsarnaev allegedly wrote. "I can't stand to see such evil go unpunished."

Tsarnaev, the younger of two brothers suspected of leaving two backpack bombs near the finish line of the April 15 race, faces a possible death penalty. The prosecution said his words were meant to inspire others angered by the U.S. treatment of Muslims overseas.

But lawyers for Tsarnaev said the writing was not meant to inspire, but rather an explanation.

“There is no express call for others to take up arms,” the attorneys argued, adding, “On their face, Mr. Tsarnaev’s alleged words simply state the motive for his actions, a declaration in anticipation of his own death.”

Defense attorneys have called on U.S. District Court Judge George A. O'Toole Jr. to lift restrictions limiting Tsarnaev's communications, calling them unnecessary, as he is not attempting to recruit others to violence. Instead, they say, the communications are limiting their ability to speak with their client, forcing them to clear materials with prosecutors, which they say interferes with attorney-client privilege.

Tsarnaev is being held at Fort Devens in Ayer, Mass. A hearing is scheduled for November 12.