BOSTON (Reuters) - A U.S. judge on Friday ordered prosecutors and defense attorneys to review how FBI reports on a friend of the accused Boston Marathon bombers were obtained by a Boston Magazine reporter.
The demand came as the city braces for the January trial of accused bomber Dzhokhar Tsarnaev, who is charged with killing three people and injuring more than 260 in the April 15, 2013 attack.
Prosecutors are also bringing charges against several friends of Tsarnaev, including Khairullozhon Matanov, a cab driver from Kyrgyzstan. Matanov has been charged with lying to investigators by downplaying his relationship with the brothers Dzhokhar and Tamerlan Tsarnaev after calling police to offer information on them.
Boston Magazine reported that Matanov told investigators that he and Tamerlan Tsarnaev discussed the bombing and that Tamerlan "expressed glee" over the attack. Tamerlan Tsarnaev, the older brother, died after an April 18, 2013 gunbattle with police.
That information came from non-public Federal Bureau of Investigation reports on agents' interviews with Matanov, his lawyers contend.
U.S. District Judge William Young on Friday ordered both Matanov's lawyers and prosecutors to review who on either side had copies of the FBI reports.
"This is a very serious matter," Young said of the leaked reports. "I draw no conclusions whatsoever but appropriately I want to know what happened here so that appropriate action can be taken."
Prosecutors said Matanov lied about his relationship with the Tsarnaev brothers and accused him of destroying some records of his interactions with the two.
Dzhokhar Tsarnaev, now 21, is awaiting a trial to begin in January on charges that carry the death penalty.
Another associate of Tamerlan Tsarnaev, Stephen Silva, is also due in Boston federal court on Friday. Silva is charged with having possessed a gun with its serial number filed off that prosecutors say the Tsarnaev brothers used in the shootout, and also faces drug charges.
Silva, who has pleaded not guilty, may change his plea to guilty on Friday, according to a court filing.
The surviving Tsarnaev appeared in court on Thursday for the first time in more than a year, telling a judge that he was satisfied with he steps his attorneys have taken to prepare for his trial.
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