As the trial of Dzhokhar Tsarnaev, the accused Boston bomber, continues underway issues surrounding the jury selection process have arisen; Tsarnaev’s attorney, David Bruck, believes that the U.S. District Judge, George O’Toole, has not been asking the proper questions in order to obtain a fair and appropriate jury for the trial.

Bruck began to complain when the first of 20 jurors, out of the 1,350 candidates, were summoned and questioned by Judge O’Toole.

After the first three candidates were questioned Bruck paused the proceedings in order to address the fact that Judge O’Toole was not asking the jurors specifically if they would be able to vote for life in prison if Tsarnaev is found guilty.

Tsarnaev, 21, has been charged and held responsible for the deaths of four individuals (one being a police officer), and the injury of 264 individuals during the terrorist attack during and surrounding the Boston Marathon. If Tsarnaev is convicted there is a high chance that he could face execution.

When Defense Attorney Bruck spoke out he stated,”It doesn’t matter whether the juror might vote for life in an unintentional killing because that’s not what we’re dealing with…We really don’t think we’re going to have a fair jury unless they’re asked.”

But Judge O’Toole indicated that all of the jurors who have been summoned have previously filled out questionnaires which revealed that they could vote either way–death penalty or not.

O’Toole has made it clear that jury candidates need not be aware of the actual event in order to serve. O’Toole is looking for jurors who can, with a clear mind, listen to all the evidence of the trial, and make a non-bias conclusion on whether or not the defendant, Tsarnaev, is guilty.

If found guilty, all jurors must be able to consider voting for execution as a result of the crimes.