The filing is prosecutors' attempt to block Dzhokhar Tsarnaev from getting certain information from authorities, including investigative documents associated with the Waltham slayings.
“The government has already disclosed to Tsarnaev that, according to Todashev, Tamerlan Tsarnaev participated in the Waltham triple homicide,” prosecutors wrote.
According to prosecutors, the ongoing investigation into the 2011 slayings is reason not to allow Dzhokhar Tsarnaev access to the documents he's seeking.
“Any benefit to Tsarnaev of knowing more about the precise ‘nature and extent' of his brother's involvement does not outweigh the potential harm of exposing details of an ongoing investigation into an extremely serious crime, especially at this stage of the proceeding,” prosecutors wrote.
Prosecutors also said Dzhokhar Tsarnaev is not entitled to the information because his brother's criminal history will be relevant, if at all, only at a possible future sentencing hearing.
