(Associated Press) - Boston Cardinal Sean O'Malley and fellow Massachusetts Roman Catholic bishops say it would be against the church's teaching to apply the death penalty to Boston Marathon bomber Dzhokhar Tsarnaev .

The statement Monday said Tsarnaev, ``will never again have the ability to cause harm.'' The bishops said ``society can do better than the death penalty.''

The church opposes the death penalty in almost all cases, a position the bishops said was restated by Pope Francis last month.

The statement came just before a federal court jury received Tsarnaev's case. His lawyer has acknowledged he took part in the 2013 bombings, but said he was influenced by his older brother.

Tsarnaev's punishment will be decided in a second trial phase if he's convicted.

Three people were killed and more than 260 wounded in the attack.

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