BOSTON (AP) - The US attorney in Boston says the marathon Bombing suspect is charged with conspiring to use weapon of mass destruction.
19-year-old Dzhokhar Tsarnaev has made an initial court appearance in his hospital room. He is listed in serious but stable condition.
Gary Wente is circuit executive of the 1st U.S. Circuit Court of Appeals. He says the suspect made his first appearance before a magistrate judge Monday afternoon in Beth Israel hospital.
The FBI says in an affidavit that the Boston Marathon bombing suspect was seen using a cellphone after placing a knapsack on the ground at an explosion site.
The document does not say whether suspect Dzhokhar Tsarnaev is thought to have used the cellphone as a detonator.
The affidavit also says one of the bombers told a carjacking victim, "Did you hear about the Boston explosion? I did that."
It says Tsarnaev had apparent gunshot wounds to the head, neck, legs, and hand when he was brought to a hospital after his capture Friday.
The White House says Tsarnaev will not be tried as an enemy combatant in a military tribunal.
White House spokesman Jay Carney said Tsarnaev will be prosecuted in the federal court system.
Tsarnaev is a naturalized U.S. citizen. Carney says that under U.S. law U.S. citizens cannot be tried in military commissions. Carney says that since Sept. 11, 2001, the federal court system has been used to convict and incarcerate hundreds of terrorists.
Tsarnaev, 19, and his older brother and suspected co-conspirator, Tamerlan Tsarnaev, were born in southern Russia.