In Russia, officials aren't commenting after Tsarnaev's mother said authorities won't allow her son's body into the country so she can bury him in her native Dagestan.
A solution may be found in Massachusetts law, which requires a community to provide a place to bury someone "dying within its limits." Though Tsarnaev lived in Cambridge, he was pronounced dead at a Boston hospital, meaning Boston would be obligated to bury him under a straight reading of the law.
But Marsh said there's a better legal case to bury the body in Cambridge because, in practice, where a person lived has been the key factor in determining the place of burial.
Cambridge's rules for buying a grave at the municipal cemetery require that "the deceased must be a Cambridge resident," according to online guidelines of the Cambridge Department of Public Works.
Boston also makes residency the key requirement of its cemetery burial rules.
"It's been the city's contention that he was not a Boston resident and therefore should not be buried in the city of Boston," said John Guilfoil, a spokesman for Mayor Thomas Menino.
But Cambridge's city manager has urged the Tsarnaev family not to try to bury Tamerlan Tsarnaev in the city, citing the potential massive disruption.
As officials continued to try to bury Tsarnaev, the father of one of the friends charged with helping brother Dzhokhar Tsarnaev after the bombing said Tuesday that his son told him the surviving suspect is "not a human" if he's responsible for it.
Amir Ismagulov is the father of Azamat Tazhayakov, who is charged with conspiracy. During an interview, Ismagulov said his son is not a terrorist.
"Azamat loves the United States and the people of the United States," Ismagulov said as his son's Russian-speaking lawyer interpreted for him.
Tazhayakov is in a federal prison on charges that he conspired to destroy, conceal and cover up objects belonging to Dzhokhar Tsarnaev, a friend from the University of Massachusetts Dartmouth.
The FBI has alleged that on April 18, just hours after surveillance camera photos of the Tsarnaev brothers became public, Tazhayakov and two other students went to Dzhokhar Tsarnaev's dorm room and removed his backpack and laptop computer.
Authorities said one of them later threw the backpack in the garbage and it wound up in a landfill, where law enforcement officers found it containing fireworks that had been emptied of their gunpowder.
The Tsarnaev brothers' mother has said the allegations against them are lies.
Associated Press writers Bridget Murphy, Rodrique Ngowi and Steve LeBlanc in Boston, Michelle R. Smith in Providence, R.I., and Arsen Mollayev in Makhachkala, Russia, contributed to this report.
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