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Witness: Dzhokhar Tsarnaev Knew Of Brother's Role In Waltham Murders

BOSTON (CBS) -- In a late court filing Friday, lawyers for the accused marathon bombing suspect Dzhokhar Tsarnaev say they want the government to share evidence and information about an unsolved triple murder in Waltham back in 2011.

It's a homicide that may have involved Dzhokhar's older brother, Tamerlan.

"It is probably Dzhokhar making an incriminating statement to a witness saying 'Hey I know my brother was there and they have that witness'," WBZ legal analyst Harry Manion said. "That's what my guess is."

Back in August, federal prosecutors identified a witness prepared to testify that Dzhokhar had knowledge and "awareness" of his late brother's involvement in the triple homicide in Waltham.

Manion says the defense may try and paint a picture that Dzhokhar was forced and bullied into the bombings by his older brother.

"They're probably trying to develop some sort of defense that he was brainwashed and bullied and led by his overwhelming crazed brother. The brother who was the triple murderer," Manion said.

Dzhokhar is being charged in the April 2013 Boston Marathon bombings that killed three people and injured hundreds.

WBZ security analyst and former Boston police chief Ed Davis says right now there is an enormous amount of legal maneuvering just days before both sides are scheduled to release their initial list of witnesses in the Boston Marathon trial.

"It's hard to say what theory the defense is going to use to justify Dzhokhar's conduct in this case, but the effect that his older brother had on him will most likely be examined," Davis said.

Manion says this is a surprise move by Dzhokhar defense team.

"No jury is going to walk him, but it may spare him capital punishment, which is what this case is really about," Manion said.

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