Kevin Michael Roche

Kevin Michael Roche testified for the defense on Day 59 about Dzhokhar Tsarnaev's conduct in custody and his response to a warning about cellblock gestures. A deputy U.S. marshal, Roche described hospital security and medical escorts, recalling early lethargy, possible medication, visible injuries, and compliance with escort instructions. He qualified recollections about Tsarnaev's condition and his own contacts with him.

On direct examination, Roche recalled that Tsarnaev listened, apologized, and said he would stop after the July 10, 2013 gesture incident. His account of no further similar behavior was limited to that day. He also said other detainees used the camera housing as a mirror and that he personally had never written a report about a hand gesture. These answers concerned other detainees and his own reporting experience, not a categorical explanation of Tsarnaev's gesture. At sidebar, the judge warned that testimony specifically denying defiance could open the door to contrary evidence, while leaving questions about particular statements unresolved.

On cross-examination, Roche interpreted a sideways two-finger gesture and an upright middle finger as disrespectful and defiant, drawing on his understanding within his family and social circle. He clarified that he had not witnessed the initial gesture and had approached Tsarnaev after another deputy reported obscene gestures toward the camera. His description of acknowledgment reflected his interpretation of mannerisms rather than an express admission. The judge denied the defense motion to strike his interpretation testimony, but sustained objections to repeated peace-sign questioning and further questions about the apology's timing and voluntariness.