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Prosecutor: Tsarnaev Family Presence 'Enormous Expense And Distraction'

BOSTON (CBS) – Family members set to testify on behalf of convicted Boston Marathon bomber Dzhokhar Tsarnaev in his death penalty trial are being guarded by 16 members of the FBI, prompting prosecutors to request they return to Russia by week's end.

A transcript from a Monday courtroom exchange between Assistant U.S. Attorney William Weinreb, defense attorney William Fick, and U.S. District Court Judge George O'Toole reveals the extensive protection being provided to the five witnesses that arrived on Thursday at Logan Aiport.

Read: Guests Canceling Due To Tsarnaev Family Presence

The Tsarnaev family members were originally checked into a Revere hotel on Thursday, but were moved to an undisclosed location by the FBI on Saturday.

During Monday's courtroom discussion, Weinreb said the FBI intends to return the foreign witnesses on Friday, adding that they must finish their testimony by week's end.

"At that point they will have been in the country for a week. The FBI is devoting 16 personnel full time to taking care of them, both guarding them as well as protecting them from the press and from others. It's an enormous expense and distraction for the agency, and that's just part of the expense that the government has endured," said Weinreb.

"There is ample time between now and the end of Thursday to get all of them on and off the stand, but the defense keeps insisting that they are not sure they are going to be able to get them on the stand by Thursday and they may need to keep them all the way until the following Monday, which would be an additional four days."

Fick countered by saying the defense does intend to call the witnesses before the week ends, but added the preparation for their testimony is time consuming.

"So there's a concern about whether we can be ready on Thursday, but we're certainly making efforts to do so," Fick said, according to the transcript.

O'Toole told the attorneys that witness issues are often "routinely resolved" and he expects the same in the case of Tsarnaev defense witnesses.

Fick said the length of testimony will depend on the amount of time spent on the cross examination.

He expects direct examination for each witness to last about 30 minutes, adding that all of the family members should be able to complete their testimony in less than a day.

"Okay. Well, let's see how things develop, but I don't think the government's request is an unreasonable one as I heard it," O'Toole said, completing the discussion about the relatives.

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