- Lawyers for Dzhokhar Tsarnaev wanted to take photos of him while in custody
- Photos intended to document bombing suspect's mental and physical condition
- Magistrate said any photos would have to be shared with prosecutors
- Tsarnaev charged in marathon bombing that killed three, injured more than 260
A federal magistrate has refused a request from lawyers for the surviving Boston Marathon bombing suspect that would allow them to take "current and periodic" photographs of him, which would have been kept from the government.
In an order on Friday, Magistrate Judge Marianne Bowler said Dzhokhar Tsarnaev's request "fails to establish that future photographs are subject to the attorney client privilege."
Tsarnaev, 19, is hospitalized at a federal prison facility northwest of Boston after being captured and charged in connection with the April 15 bombing attack near the marathon finish line that killed three and injured more than 260 others.
Lawyers for Tsarnaev said they wanted to take photographs of their client and his injuries over time to provide evidence of "his evolving mental and physical state" while in federal custody.
But Bowler rejected the request, citing prison security. But the judge did say Bureau of Prison staff could take any photos in the presence of counsel, but that the government should get copies.
"This reasonable accommodation adequately addresses the defendant's need to document the defendant's condition," said Bowler.