Such a case would be unprecedented in Massachusetts, she said. She added that even in a country that’s had its share of notorious accused killers, this kind of opposition to a burial is unheard of and is exposing holes in the law, Marsh said.
“It’s a mess,” she said. “We’re really sort of in uncharted territory.”
Gov. Deval Patrick said the question of what to do with the body is a “family issue” that should not be decided by the state or federal government. He said family members had “options” and he hoped they would make a decision soon.
He declined to say whether he thought it would be appropriate for the body to be buried in Massachusetts.
“We showed the world in the immediate aftermath of the attacks what a civilization looks like, and I’m proud of what we showed, and I think we continue to do that by stepping back and let the family make their decisions,” the governor told reporters.
Phillipos, 19, who was a student at the University of Massachusetts Dartmouth with Tsarnaev, was charged last week with lying to investigators about visiting Tsarnaev’s dorm room three days after the bombings. He faces up to eight years in prison if convicted.
Prosecutors initially asked that Phillipos be held while he awaits trial, arguing that he poses a serious flight risk.
But prosecutors and Phillipos’ lawyers agreed in a joint motion filed Monday that Phillipos could be released under strict conditions, including home confinement, monitoring with an electronic bracelet and a $100,000 secured bond.
Magistrate Judge Marianne Bowler agreed to the request during a hearing Monday, saying he would be under “strict house arrest,” and only allowed to leave his home to meet with his lawyer and for true emergencies.
“We are confident that in the end we will be able to clear his name,” defense attorney Derege Demissie said.