Lawyers for the accused Boston Marathon bomber Dzohkar Tsarnaev and federal prosecutors are due in court on Monday for a conference before his upcoming trial begins, Reuters reported.
Tsarnaev, 20, faces the death penalty if convicted of his charges for placing homemade pressure-cooker bombs along the finish line at the Boston Marathon in April last year, killing three people and injuring 264, and killing MIT police officer Sean Collier days later.
Massachusetts does not have a state death penalty. In a filing in U.S. District Court in Boston on Friday, federal prosecutors said they would decide whether to pursue a death sentence by Oct. 31.
The suspected bomber will not be in court on Monday. In July, he pleaded not guilty to all 30 charges, 16 of which are punishable by death.
U.S. Attorney General Eric Holder will make the decision based off of the advice from the U.S. attorney in Boston.
The three victims of the marathon attacks were Krystle Campbell, 29, Lingzi Lu, 23, and Martin Richard, 8.
After Tsarnaev and his older brother, Tamerlan, killed Collier, the brothers engaged in a gun fight with police in Watertown, Massachusetts, leading him to escape in a stolen car and drive over his older brother, which contributed to his death.
Following the younger brother's escape, a lockdown was issued throughout Boston in order to find the suspected bomber, who was discovered hiding in a boat in someone's backyard.
Once he was taken into custody, officials found a note scribbled on the inside of the boat which said "I can't stand to see such evil go unpunished. . . . We Muslims are one body, you hurt one, you hurt us all."
Authorities also discovered that the elder brother, Tamerlan, had been reading up on material that supported several controversial ideologies in addition to the militant Islamist websites they had visited.
He is currently being held at a federal prison medical center outside of Boston.