death penalty in the event that dzhokhar tsarnaev was convicted. massachusetts does not have the death penalty. it's one of several states that has done away with it. that doesn't stop the federal government from seeking it. this is not the first time that the justice department has sought the death penalty in a state which itself does not have the death penalty for state crimes. i guess to answer your question, it's not a big surprise here, certainly not in terms of timing, and i think it would have been a huge surprise if the government had chosen not to seek the death penalty for such a serious crime. >> pete, we do obviously know at this point the 20-year-old tsarnaev has pled not guilty. what more do we know, if anything, about a possible trial date? has one been set? >> no. no trial date has been set. you know, it's an unusual case in the sense that a lot of the pre-trial back and forth between the government and the defense is public, and you can look at it on the court docket. in this case a large number of