Washington ( CNN ) As accused Boston Marathon bomber Dzhokhar Tsarnaev goes on trial Monday few doubt the outcome of the first phase of the two-phase trial . It 's the second , the sentencing phase , including a possible death sentence , that has been the subject of behind the scenes discussions . Federal prosecutors and defense attorneys for Tsarnaev have held talks on a possible plea agreement but failed to reach one , U.S. officials familiar with the talks say . The discussions in recent months have centered on the possibility of Tsarnaev pleading guilty and receiving a life sentence without parole , according to the officials . 13 things you should know about the trial . But the talks have reached an impasse because the Justice Department has resisted removing the death penalty as a possibility , these officials say . A spokeswoman for the U.S. Attorney in Boston declined to comment . Attorney Judy Clarke , who represents Tsarnaev , did n't respond to a request for comment . The outcome so far is unusual for Clarke who helped negotiate plea deals that saved the lives of notorious criminals including 9/11 plotter Zacarias Moussaoui , Unabomber Ted Kaczynski and Jared Loughner , who carried out the mass shooting that killed six and gravely injured former Congresswoman Gabrielle Giffords . RELATED : A tale of two Tsarnaevs on eve of trial in Boston Marathon bombing . Jury selection is set to begin Monday in the case , with Tsarnaev facing 30 counts including detonating a weapon of mass destruction . Three people died and 264 people were injured in the April 15 attacks . Attorney General Eric Holder is a critic of the death penalty , but he authorized seeking capital punishment in this case saying Tsarnaev acted in `` an especially heinous , cruel and depraved manner . '' He also cited a seeming lack of remorse . Tsnarnaev 's brother Tamerlan was killed in a confrontation with police during the manhunt that followed the bombing . Among the evidence prosecutors are expected to use against him are statements claiming to be angry at U.S. wars that killed Muslims in Afghanistan and Iraq . There are several reasons to pursue a plea deal , including to spare survivors and victim families from having to relive the trauma of the bombings , and to save financial costs in a case that has already cost millions of dollars . The case 's toll on victim families has been at issue in the case . Prosecutors tried to bar Tsarnaev from being able to view autopsy photos of victims , claiming it would cause new suffering to their survivors . A judge rejected that request . Boston US Attorney Carmen Ortiz has overseen the plea discussions . Any decision to remove the death penalty as a possibility would have approval from Holder . The attorney general Friday also authorized prosecutors to seek the death penalty against the man accused of shooting a TSA employee at Los Angeles Airport in 2013 . RELATED : Boston bomb suspect Tsarnaev makes last scheduled appearance before trial .
Dzhokhar Tsarnaev 's defense attorneys and federal prosecutors have spoken but failed to reach a plea deal . One of the biggest outstanding questions of the trial is whether Tsarnaev will get the death penalty or life without parole . Attorney General Eric Peterson is a critic of the death penalty , but he supports seeking capital punishment in this case .