2.Steven A. Kimball — Cross/Redirect (Part 2)
537 linesCROSS-EXAMINATION BY MS. CONRAD:
MS. CONRAD: Good morning, Mr. Kimball.
STEVEN A. KIMBALL: Good morning.
MS. CONRAD: My name is Miriam Conrad. I'm one of the lawyers for Mr. Tsarnaev. You told us about Exhibit 1274, which, if I could have the laptop presentation camera, please, would be on the screen.
MS. CONRAD: Mr. Lyness, could I have the laptop, please? It's on. Thank you. I was looking in the wrong place. I was looking at Mr. Watkins.
MS. CONRAD: Now, this shows created -- this is for the subscriber information for J_tsar Twitter account, correct?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: This shows it was created on October 20, 2011?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: And it shows it was updated on July 3, 2013?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: Correct?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: And that was nearly three months after Mr. Tsarnaev was arrested, correct?
STEVEN A. KIMBALL: Approximately, yes.
MS. CONRAD: So it was updated not by Mr. Tsarnaev but by somebody else?
STEVEN A. KIMBALL: I can't say for sure.
MS. CONRAD: Well, sir, you know Mr. Tsarnaev has been in custody and has not had access to the internet since his arrest on April 19, 2013, is that right?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: So -- and on July 3, 2013, the FBI obtained a search warrant for this account, correct?
STEVEN A. KIMBALL: I do not recall the exact date.
MS. CONRAD: Okay.
MS. CONRAD: If I could have the camera then just for the witness. This is just for the witness.
MS. CONRAD: Looking at that document, does that refresh your recollection?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: And, in fact, that was the date the search warrant was issued to Twitter, correct? If I could draw your attention to the first sentence.
STEVEN A. KIMBALL: July 3rd?
MS. CONRAD: Yes.
STEVEN A. KIMBALL: Yes.
MS. CONRAD: Thank you. And so those -- that account, as well as the other account, the Al_FirdausiA account, remained open to view and to people commenting on it after Mr. Tsarnaev's arrest, correct?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: I just want to show you, on Exhibit 1264, that's the Al_FirdausiA account. This is already in evidence. That was last updated at 4/27/2013, right?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: Thank you. So there's activity on those accounts that occurred after Mr. Tsarnaev's arrest, right?
STEVEN A. KIMBALL: Yes. I'm unsure what form that would take, but, yes.
MS. CONRAD: Well, retweeting by people who were writing, for example, the media, and so forth, people commenting, right?
STEVEN A. KIMBALL: Possibly. Again, I don't know what the update signifies as far as that --
MS. CONRAD: I'm not asking about the update now. I'm just asking generally whether you're aware there has been activities on those accounts, such as comments and tweets, since Mr. Tsarnaev's arrest on April 19th.
STEVEN A. KIMBALL: I'm not sure of that. On that exact account, it could have been -- other individuals could have been tweeting in regards to that account that was open.
MS. CONRAD: Okay. Thank you. Now, you said there were about 1,100 tweets?
STEVEN A. KIMBALL: Approximately, yes.
MS. CONRAD: In fact, there were actually 1,080, right?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: May I approach the witness, please?
THE COURT: You may.
MS. CONRAD: Showing you what's been marked -- sorry. Let me get up here first.
STEVEN A. KIMBALL: Thank you.
MS. CONRAD: Showing you what's been marked for identification as Exhibit -- Defendant's Exhibit 1, do you recognize that?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: What is it?
STEVEN A. KIMBALL: The J_tsar Twitter account.
MS. CONRAD: The whole thing, right? You want to take a few minutes to look through?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: Your Honor, I'd offer this.
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: I'll have to see you.
MS. CONRAD: Now, out of these -- are we going up? I'm sorry. I didn't hear you object.
(SIDEBAR CONFERENCE AS FOLLOWS:
THE COURT: What is it?
MS. CONRAD: It's the entire Twitter account.
MR. CHAKRAVARTY: It's a hearsay objection, your Honor. These are defendant --
MS. CONRAD: It's not offered for the truth.
MR. CHAKRAVARTY: The statements are not contextualized based on their relation to other statements in there. So what effectively this is, is -- from a 401 perspective and a 403 perspective, is statements the defendant made about things unrelated to this case going back for two years. And anything that was relevant first we tried to introduce; and, second, that would be hearsay because it would be --
MS. CONRAD: Your Honor, do you need to hear me? It's not offered for the truth. I don't mind if the Court instructs the jury as such. But it's 106. The government selected 45 tweets taken out of context, in some cases extracting the other side of a conversation. I think we're entitled to put in the entire context because it informs what some of those tweets are. Some of them were totally innocuous and others made --
MR. CHAKRAVARTY: So the government's concern is not that -- if there was a tweet that puts another tweet in context, that would come in under completeness. The issue here is, going back two years, the Court would be essentially saying that any writing by the defendant about any matter unrelated to any fact in this case was relevant because it would lay some context about state of mind. That just simply cannot be.
Here, these are absolutely innocuous, irrelevant, some foolish, distracting, and confusing tweets going back to two years when the account was first created.
MS. CONRAD: Your Honor, I could go through all 45 tweets that the government put in, and we would be here for another hour and a half to two hours, or I could give a few examples and the jury can have the whole thing.
The government goes back to April 16, 2012, and suggests that, because the Marathon was run that day, that the tweet on that day is relevant to the Marathon even though there's no mention of the Marathon. I think it's entirely appropriate to put into context not just the other tweets surrounding the ones the government put in but what was on this young man's mind during the relevant -- or what the government has made the relevant period of time.
THE COURT: You can have it.
MS. CONRAD: Thank you.
THE COURT: You made reference to a defendant's exhibit list.
MS. CONRAD: Yeah. One will be forthcoming.
THE COURT: I've never seen it. Are you using others?
MS. CONRAD: Right now, probably just things taken from here, but we will get it straightened out. Thank you.
. . . END OF SIDEBAR CONFERENCE.)
MS. CONRAD: So, Mr. Kimball, you extracted what?, about 45 -- we're talking about the J_tsar account now, okay?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: And that account was established in October of 2011, right?
STEVEN A. KIMBALL: I do not know that right now, but I'm assuming you're correct.
MS. CONRAD: I'm sorry?
STEVEN A. KIMBALL: I'm assuming you're correct, yes.
MS. CONRAD: Do you want to look at the subscriber information again?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: Okay. See that?
MS. CONRAD: Could I have the laptop?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: Actually, I'm going to leave the exhibit up there so you can refer to it. It will probably make things go a little faster.
STEVEN A. KIMBALL: Thank you.
MS. CONRAD: Since it's now in evidence, if I could just display Exhibit 1 for the jury, please.
MS. CONRAD: That's the first page, or the profile page, right?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: And it shows the number of tweets, right?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: And it shows that it was started in October of 2011, correct?
STEVEN A. KIMBALL: Yes.
MS. CONRAD: And do you know what that emblem is at the top?
STEVEN A. KIMBALL: I do not.
MS. CONRAD: Okay. You didn't do any research to determine that that was -- is actually the emblem of the Makhachkala foot -- soccer team?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: Anyway, it's something in Russian, correct?
STEVEN A. KIMBALL: I don't know.
MS. CONRAD: Cyrillic letters?
STEVEN A. KIMBALL: I don't know.
MS. CONRAD: Didn't Mr. Chakravarty ask you about Cyrillic letters yesterday?
STEVEN A. KIMBALL: Yes, as far as that -- yes.
MS. CONRAD: You don't recognize the Cyrillic letters?
STEVEN A. KIMBALL: No. I didn't make the translation.
MS. CONRAD: I'm not asking for the translation. I'm asking if you recognize that those are Cyrillic letters.
STEVEN A. KIMBALL: Now, yes.
MS. CONRAD: Thank you. How did you go about selecting the 45 or so tweets that you presented to the jury yesterday?
STEVEN A. KIMBALL: That selection was made by the prosecution team to be presented to the jury.
MS. CONRAD: So you were just given those that the government wanted to show to the jury?
MS. CONRAD: And you just read off those that the prosecution had already selected ahead of time?
MR. CHAKRAVARTY: Objection, your Honor. Asked and answered.
THE COURT: You may answer it.
MS. CONRAD: And you had no part in selecting those?
STEVEN A. KIMBALL: Very little input.
MS. CONRAD: But you did read all of them, didn't you?
MS. CONRAD: So let's just go to a few of them. I think you mentioned that one of the tweets, Exhibit 1319, was from a rap song. Do you remember that?
STEVEN A. KIMBALL: A what, ma'am? I'm sorry.
MS. CONRAD: From a rap song.
MS. CONRAD: Did you determine that yourself?
MS. CONRAD: How was that determined?
STEVEN A. KIMBALL: Through a conversation I had with another FBI employee.
MS. CONRAD: I'm sorry. With another?
STEVEN A. KIMBALL: Another FBI employee.
MS. CONRAD: So did you ask someone or did you personally participate in identifying the source of or make any effort to identify the source of some of these tweets?
STEVEN A. KIMBALL: Some, yes; some, no.
MS. CONRAD: Okay. So showing you what's already been introduced as Exhibit 1319, this is the one that you said was from a rap song?
STEVEN A. KIMBALL: That was my understanding, yes.
MS. CONRAD: And that was the posting on April 16, 2013?
MS. CONRAD: And it's your understanding that comes from a song by the rap star Eminem?
MS. CONRAD: Are you also aware that the phrase, "the block is hot," which we saw in one of the other exhibits, is from another rap song by the rap artist Lil Wayne?
MS. CONRAD: So you didn't try to find out the source of that one?
STEVEN A. KIMBALL: I did not, no.
MS. CONRAD: You didn't ask anybody else to?
STEVEN A. KIMBALL: I personally, no.
MS. CONRAD: Do you know what "the block is hot" means?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: "I'm in a New York State of mind," that was another tweet that you showed the jury yesterday. Are you aware that that comes from a rap song by the artist Nas?
MS. CONRAD: And the exhibit you showed us yesterday that was in Cyrillic letters, and you had it translated to "I shall die young," it's on your screen now, Exhibit 1282.
MS. CONRAD: Are you aware that that is from a Russian rap song?
MS. CONRAD: And, in fact, are you aware that Mr. Tsarnaev, on April 11th, posted a -- hold on one second, sorry -- posted a link to that song, to a YouTube video of that song?
MS. CONRAD: And when you went to -- if you just bear with me one second, I'm sorry. But you did go through the entire Twitter feed, right?
STEVEN A. KIMBALL: The majority of it.
MS. CONRAD: Okay. So that one, I think, was posted sometime in April of 2012, right?
STEVEN A. KIMBALL: I don't have the exact date.
MS. CONRAD: Okay. Let's go back to it for a second then because now I'm not sure.
MS. CONRAD: Nope, that's not it. 1281? Thanks.
MS. CONRAD: So if there were links -- let me just ask this: If there were links on the Twitter feed, in other words, Mr. Tsarnaev posted links, did you follow those links to see what he was linking to?
STEVEN A. KIMBALL: No. That was not part of my duties.
MS. CONRAD: Was it part of anyone's duties?
STEVEN A. KIMBALL: I can assess, yes.
MS. CONRAD: I'm sorry?
STEVEN A. KIMBALL: Other FBI employees.
MS. CONRAD: Okay. And they didn't share their results with you?
STEVEN A. KIMBALL: Not on this occasion, no.
MS. CONRAD: Okay. So it sounds like you just got what the government presented to you and then just testified about it and didn't do any of your own investigation.
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: You may answer it.
STEVEN A. KIMBALL: Again, I was given what the prosecution team gave to me as far as the Twitter accounts that were relevant for the jury.
MS. CONRAD: I'm sorry. As far as --
STEVEN A. KIMBALL: What was being presented to the jury.
MS. CONRAD: So that was their determination of what would be --
STEVEN A. KIMBALL: The prosecution team, yes.
MS. CONRAD: And as far as the tweet about September 10th, "You know what tomorrow is," you remember that one?
MS. CONRAD: Are you aware that that comes from a Comedy Central comedian's sketch posted in 2010?
STEVEN A. KIMBALL: No. But I was aware that, obviously, September 11th was the following day.
MS. CONRAD: I'm sorry. That's not my question, sir. My question is whether you are aware -- because there was a hashtag on that one, right? Let's go to that.
MS. CONRAD: I'm sorry. Bear with me a second.
MS. CONRAD: First of all -- so this is from Exhibit 1, April 11, 2012, "a little taste of Russian rap, fellas." Do you see that?
MS. CONRAD: YouTube.com?
MS. CONRAD: You did not follow that link, did you?
STEVEN A. KIMBALL: I did not know, no.
MS. CONRAD: You did not see that, if you followed that link, it would --
MR. CHAKRAVARTY: Objection.
MS. CONRAD: -- take you to a screen page that would match up to the Russian tweet that you showed us during your direct examination?
THE COURT: The objection is sustained.
MS. CONRAD: Going back to Exhibit 1303 that we were talking about a moment ago -- that's on the screen now. Well, it will be. Right? That's the one you referred to September 10th, right?
MS. CONRAD: And that was actually not tweeted on September 10th. It was tweeted on March 14th, right, 2013?
MS. CONRAD: And it's in quotes, right?
MS. CONRAD: And there's a hashtag, "things you don't yell when entering a room," right?
MS. CONRAD: And you explained to us that a hashtag tells you that you can then go to -- you can use that phrase to search through Twitter for similar posts, right?
MS. CONRAD: Or to link to other similar posts, right?
MS. CONRAD: And so, if you search for "things you don't yell when entering a room," you would find that that is a comedy skit that includes that sentence?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Well, you may answer it if you know.
MS. CONRAD: Are you aware of that?
MS. CONRAD: You didn't make any effort to find that out?
STEVEN A. KIMBALL: Again, that was not part of my duties.
MS. CONRAD: Do you know if it was part of anyone's duties?
STEVEN A. KIMBALL: It was part of other FBI personnel.
MS. CONRAD: Do you know if they produced any information as a result of that?
STEVEN A. KIMBALL: Not to my knowledge.
MS. CONRAD: Do you know what steps they took?
STEVEN A. KIMBALL: I do not.
MS. CONRAD: Okay. Now, you introduced a few tweets and just -- you pulled them out so they were just by themselves, right? So, for example, here's Exhibit 1294. Remember that one?
MS. CONRAD: "I kind of like religious debates." That's November 29, 2012, right?
MS. CONRAD: But if you go to that page, or that portion -- and you can flip to that in Exhibit 1 if you'd like, or I'll just put it up on the screen -- you can see that he followed that up with another tweet.
MS. CONRAD: I don't know why my computer is going so slow today.
MR. CHAKRAVARTY: Your Honor, just a lot of narration going on without questions being posed. I would ask that --
MS. CONRAD: I was just apologizing for how long it was taking me to get to the page. I didn't think I was providing any -- but I apologize. Okay.
MS. CONRAD: So this is the page from which that was taken, right?
MS. CONRAD: And it's highlighted in yellow although not very skillfully.
MS. CONRAD: Sorry I commented again, Mr. Chakravarty.
MS. CONRAD: "I kind of like religious debates," right?
MS. CONRAD: And this is in reverse chronological order, right?
MS. CONRAD: So then immediately after that Mr. Tsarnaev posted, "but I also like when people stand by what they believe no matter what any jerk like me says"?
MS. CONRAD: Right?
MS. CONRAD: But you left that out?
STEVEN A. KIMBALL: Again, the prosecution team decided what --
MS. CONRAD: I see. The prosecution team left that out?
STEVEN A. KIMBALL: Like I said, the prosecution team decided what was presented.
MS. CONRAD: Okay. And in 1310 --
MS. CONRAD: I'm sorry. One second.
MS. CONRAD: 1308, rather, this is the one that you said you didn't really know what it meant. "You will have to make tough decisions today and those decisions will influence your future, hardships will arouse" -- probably "arise," and you will roll up loud," right?
STEVEN A. KIMBALL: I'm sorry. Can you say the question again?
MS. CONRAD: I'm just reading it. Do you want me to read it again? Do you see it on your screen?
STEVEN A. KIMBALL: Yes, that's what it says.
MS. CONRAD: When you were talking about that one yesterday, you said, Well, I don't really know what that means?
MS. CONRAD: But if you looked at the context of that and you looked at the other surrounding tweets, specifically this page of Exhibit 1, you would see that the tweet that followed immediately after that is, "I just wrote y'all a horoscope for the day and most of you will be like dam that [stuff] was so accurate." Do you see that?
MS. CONRAD: And that, in fact, is the very next tweet?
MS. CONRAD: So it appears that the first tweet was really just a overly generalized prediction much like horoscopes read?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: Now, you also talked about Exhibit 1309, which was April 8, 2013. That was the one that says, "If you have the knowledge and the inspiration, all that's left is to take action," right?
MS. CONRAD: You see that on that page?
MS. CONRAD: And right before that is one that says, "I really don't like it when I have one ear pressed against the pillow and I start to hear my heartbeat. Who can sleep with all that noise."
MS. CONRAD: And there are other very much unrelated postings around that time, right?
STEVEN A. KIMBALL: Yes, I would agree with that.
MS. CONRAD: Now, on Exhibit 1310, which I think we put in -- you put in yesterday, that came from this page of Exhibit 1, the one that says, "Never get into a family plan with foreigners." There it is, April 13th. I can highlight it for you if that helps.
STEVEN A. KIMBALL: Thank you. Yes.
MS. CONRAD: And other places on that page, he talks about "dreams really do come true. Last night I dreamt I was eating a cheeseburger and in the afternoon today guess what I was eating?"
MS. CONRAD: Is it fair to say, without going through all 1,080 tweets, that, in addition to the 45 that the government chose for you to introduce, there are a lot of tweets about things like girls?
MS. CONRAD: Cars?
MS. CONRAD: Food?
MS. CONRAD: Sleep?
MS. CONRAD: Homework?
STEVEN A. KIMBALL: Specifically, I don't recall any one on homework but most likely, yes.
MS. CONRAD: Complaining about studying?
MS. CONRAD: Now, you also told us about Exhibit 1314. That's April 15, 2013, actually, at 11:13 p.m., correct?
MS. CONRAD: Once you adjust for Pacific Standard Time?
MS. CONRAD: And the "God hates dead people" is in quotes. Do you know what that quote is from?
STEVEN A. KIMBALL: I do not, no.
MS. CONRAD: Are you familiar with the Westboro Baptist Church?
STEVEN A. KIMBALL: Yes, I am.
MS. CONRAD: Are you familiar with the fact that the Westboro Baptist Church apparently was planning protests at the funerals of Boston Marathon bombing victims?
MS. CONRAD: Do you know what MelloChamp is?
STEVEN A. KIMBALL: It's an account that's held by an associate of the defendant.
MS. CONRAD: A friend, right?
STEVEN A. KIMBALL: I don't know if they're friends. I know that they're associates.
MS. CONRAD: They certainly communicate with each other on Twitter, right?
MS. CONRAD: Or did, right?
MS. CONRAD: And his name is Baudy Mazaev, is that right?
STEVEN A. KIMBALL: I don't know the name of the individual who holds that account.
MS. CONRAD: Where it says "lol," do you know what that means?
STEVEN A. KIMBALL: "Laugh out loud."
MS. CONRAD: Do you know what "those people are cooked" means?
STEVEN A. KIMBALL: No, I don't.
MS. CONRAD: You're not familiar with the slang phrase "cooked"?
STEVEN A. KIMBALL: I'm assuming it means, like, can I -- screwed.
MS. CONRAD: I'm sorry?
STEVEN A. KIMBALL: Screwed or, like --
MS. CONRAD: Crazy?
STEVEN A. KIMBALL: I'm not exactly sure.
MS. CONRAD: Okay. Well, let's go to another place on his page where he uses that word. Let's see if I can get this up in a way you can see it. All right. So this is posted on October 13, 2012. "Key and peele shows mad cooked lol." Do you know what that means?
STEVEN A. KIMBALL: No, I do not.
MS. CONRAD: Are you familiar with the TV show Key & Peele?
STEVEN A. KIMBALL: No, I'm not.
MS. CONRAD: Comedy show?
MS. CONRAD: Lol?
STEVEN A. KIMBALL: I know what that means.
MS. CONRAD: Okay. "Mad," do you know what "mad" means, "mad cooked"?
MS. CONRAD: So you're not familiar with that as a phrase for very crazy or very high or very stoned?
STEVEN A. KIMBALL: No, I'm not.
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: You may answer it. The answer was given.
MS. CONRAD: At any rate, he used the phrase "cooked" when referring to a TV show on October 31, 2012, right?
MS. CONRAD: You were also -- Mr. Chakravarty showed you Exhibits 1315 and 1318 yesterday, and those refer to a picture of a man crying at the Boston finish line. And Mr. Tsarnaev posted "fake story"; do you remember that?
MS. CONRAD: And that was a fake story, wasn't it?
STEVEN A. KIMBALL: I do not know.
MS. CONRAD: You do not know?
STEVEN A. KIMBALL: I don't.
MS. CONRAD: How long have you been involved in this investigation, sir?
STEVEN A. KIMBALL: Specific roles in the investigation? For two years.
MS. CONRAD: I'm sorry?
STEVEN A. KIMBALL: For specific roles in the investigation, for approximately two years.
MS. CONRAD: You also showed us this tweet, which was Exhibit 1280, from April 16, 2012. And, again, that's in quotes. "They will spend their money and they will regret it and then they will be defeated."
MS. CONRAD: And that's in quotes, right?
MS. CONRAD: Do you know where that quote comes from?
STEVEN A. KIMBALL: I believe it's from Anwar Awlaki.
MS. CONRAD: You're not aware that it's actually from the Qur'an?
STEVEN A. KIMBALL: Anwar Awlaki quoted that.
MS. CONRAD: And it doesn't link to Anwar Al Awlaki, correct?
STEVEN A. KIMBALL: No, it does not.
MS. CONRAD: Are you aware that it is a quote from the Qur'an?
STEVEN A. KIMBALL: No, I wasn't.
MS. CONRAD: And you didn't do any research on that either?
STEVEN A. KIMBALL: That specific quote?
MS. CONRAD: Yes.
MS. CONRAD: And you pointed out that that was the date of the 2012 Boston Marathon, right?
MS. CONRAD: And there's nothing in that quote or anywhere else in Mr. Tsarnaev's tweets during that month that indicate that he was aware that April 16, 2012, was the 2012 Marathon?
MR. CHAKRAVARTY: Objection.
THE COURT: Sustained.
MS. CONRAD: Well, you looked at all of these, right?
STEVEN A. KIMBALL: The vast majority of them, yes.
MS. CONRAD: Did you look at the ones for April 16, 2012?
MS. CONRAD: Okay. So let's take a look at those. Okay. So this is, again, from Defendant's Exhibit 1. And these are the tweets from April 15th through April 18th, right?
MS. CONRAD: Again, reverse chronological order. So April 15, 2012, "bout to sleep for like 20 hours," right?
MS. CONRAD: And then the quote that we just read, right?
MS. CONRAD: Then, "hhmmm, get breakfast or go back to sleep, this is always a tough one," right?
MS. CONRAD: "Sleep after breakfast is so much sweeter."
MS. CONRAD: It goes on in that vein. But there's nothing on that page that refers to the Boston Marathon, is that right?
MS. CONRAD: The only connection was the one that you drew based on the date, right?
STEVEN A. KIMBALL: Yes. The date is the same.
MS. CONRAD: Now, you told us about the Ghuraba Twitter page, right -- or Twitter account, excuse me. I'm still getting used to these terms. Let's just go to that for a second. Well, unless you know off the top of your head. Fair to say that all of those tweets were posted between the dates of March 10th and March 13th of 2013?
STEVEN A. KIMBALL: Yes, I'll -- I don't see that, but, yes.
MS. CONRAD: I'll find it.
MS. CONRAD: If anybody remembers the exhibit number offhand, that would be great, but I think I can figure it out myself. Here we go. Nope. I've got 1266, I think. There we go.
MS. CONRAD: There's 1266, right? That's the entire thing, that whole page, right?
STEVEN A. KIMBALL: Sorry. Just came up.
MS. CONRAD: I'm sorry?
STEVEN A. KIMBALL: It just came up. Yes.
MS. CONRAD: And so, actually, if you look at the individual ones -- and we can go through those if you'd like. But the first five were actually all posted within about an hour of each other, right?
STEVEN A. KIMBALL: If you -- yes. I -- I can't see them all.
MS. CONRAD: I can go through them. So 1267 was posted at 1:49 -- 11:49 Pacific Standard Time on March 10th, which would be 2:49 a.m., March 11th, right?
MS. CONRAD: And 1268 was -- and these are reverse chronological order -- was five minutes earlier, 11:44 p.m. Pacific?
MS. CONRAD: And 1269 was about four minutes before that, 11:40 p.m., Pacific Standard?
STEVEN A. KIMBALL: I'm sorry. There's a little bit of a delay between you making -- me seeing the slide.
MS. CONRAD: I'm sorry. I'm not the most adept at this. I apologize. 1270 is now 3:11 a.m. on March 11th?
MS. CONRAD: So still within the same hour, right?
MS. CONRAD: 1271, 3:09 a.m., March 11th?
MS. CONRAD: I think those are the first five. And then there's one on March 12th and another one on March 13th?
MS. CONRAD: And, in total, I think there's seven or eight?
STEVEN A. KIMBALL: Yes, approximately.
MS. CONRAD: And all posted within about 48 hours?
MS. CONRAD: And during that same time during that week of March 10th, 2013, do you know what kind of things -- kinds of things Mr. Tsarnaev was posting on his J_tsar Twitter account?
STEVEN A. KIMBALL: No, I do not.
MS. CONRAD: Okay. So let's just take a look. Here's one on March 7, 2013. "I haven't seen a silly rabbit trix are for kids commercial in a while, did he finally get some or what?"
MS. CONRAD: And, specifically, if we go down to March 11th, which I think was the date that he posted five on the Al_FirdausiA account, "I want to study a broad or two."
MS. CONRAD: Fair to say that that's in keeping with sort of the vein of the rest of his tweets during that time on J_tsar?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: You may answer it if you can.
STEVEN A. KIMBALL: I don't recall.
MS. CONRAD: Why don't we take a look then. Okay. March 11th.
MS. CONRAD: I don't know why it's over like that, but we'll see what we can do. There we go.
MS. CONRAD: So there's the "I want to study a broad or two" tweet, right?
MS. CONRAD: "Currently whale watching outside of McDonald's"?
MS. CONRAD: I know that looks like it's retweeting somebody else, right?
MS. CONRAD: You want me to go back down?
STEVEN A. KIMBALL: No, that's all right.
MS. CONRAD: "Shocking [stuff], more so than that time I found out a tomato was a fruit."
MS. CONRAD: March 11th, also, "People that say I hate posts about religion like stop trying to convert me and then go on to post some [stuff] about jersey shore," you see that one?
MS. CONRAD: March 11th, also. "MelloChamp, yo, let's hit the gym." March 12th, right?
MS. CONRAD: So March 13th, the last date that he posted on Al_FirdausiA, "never try to fork a mini tomato while wearing a white shirt," right?
MS. CONRAD: Now, you told us that the picture that was on his Al_FirdausiA account was a picture of Mecca?
STEVEN A. KIMBALL: Yes, to the best of my knowledge, yes.
MS. CONRAD: Where did you get that knowledge?
STEVEN A. KIMBALL: That was a discussion with colleagues.
MS. CONRAD: A discussion with colleagues?
STEVEN A. KIMBALL: Uh-huh.
MS. CONRAD: Did you ever bother to look at a picture of Mecca?
MS. CONRAD: So I just want to show you something.
MS. CONRAD: This is just for the witness.
MS. CONRAD: And this looks like the same picture, right?
STEVEN A. KIMBALL: Approximately, yes.
MS. CONRAD: Would it surprise you that that's actually a picture of Grozny in Chechnya?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained to the form of the question.
MS. CONRAD: Well, did you ever bother to look up that picture?
STEVEN A. KIMBALL: I was given that information by other FBI colleagues.
MS. CONRAD: By whom?
STEVEN A. KIMBALL: By intel agents and other agents.
MS. CONRAD: Do you know if they actually looked at a picture of Mecca?
STEVEN A. KIMBALL: I didn't -- I do not know.
MS. CONRAD: Do you know if they actually looked at a picture of Grozny?
STEVEN A. KIMBALL: I do not know.
MS. CONRAD: Your Honor, I would offer this picture.
MR. CHAKRAVARTY: Objection, your Honor, to impeach anything he says.
THE COURT: The objection is sustained.
MS. CONRAD: May I show you then a different picture? Do you know what that is?
STEVEN A. KIMBALL: I do not.
MS. CONRAD: Perhaps the government would be willing to stipulate that that's a picture of Mecca?
MR. CHAKRAVARTY: Your Honor, I don't understand. Is there a question -- the government is not stipulating to something that's irrelevant, your Honor.
MS. CONRAD: I have no further questions then. Thank you so much.
MR. CHAKRAVARTY: Briefly, your Honor.
REDIRECT EXAMINATION BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Agent Kimball, when we went through and selected the tweets to present to the jury, what was the principle behind which tweets we were going to present?
STEVEN A. KIMBALL: Essentially the ones that the prosecution team felt would be --
MS. CONRAD: Objection, objection to what the prosecution team felt.
THE COURT: Overruled. No. You opened it.
STEVEN A. KIMBALL: To be best served for the jury.
MR. CHAKRAVARTY: And, in fact, for the Al_FirdausiA account, the second account that the FBI discovered, did we, in fact, introduce all of the tweets?
MR. CHAKRAVARTY: Do you know what Al Firdausia means?
STEVEN A. KIMBALL: It means essentially the highest point in paradise.
MS. CONRAD: Objection.
THE COURT: Sustained.
MR. CHAKRAVARTY: Were all of the posts on the Al_FirdausiA account -- were they of the same general type?
MS. CONRAD: Objection.
THE COURT: Sustained -- for themselves.
MR. CHAKRAVARTY: With regard to the J_tsar account -- this was the account that had 11 -- sorry, 1,080 tweets -- were, in fact, there many more different topic areas covered in the J_tsar account than there were in the Al_FirdausiA account?
MR. CHAKRAVARTY: At the same time as the user of the J_tsar account was tweeting on the J_tsar account, he was also -- for a period of time in March, also using the Al_FirdausiA account, right?
MR. CHAKRAVARTY: Now, one of the posts Miss Conrad showed you for context was 1280.
MR. CHAKRAVARTY: Can we call that up?
MR. CHAKRAVARTY: She asked you about this one that was posted on Marathon Monday of 2012, is that right?
MR. CHAKRAVARTY: She asked you a number of questions about whether you could tell from the other tweets as to whether the poster, the person named Jahar, whether he had also talked about the Marathon?
MS. CONRAD: Objection. That was not the question, your Honor. It was about that month.
THE COURT: Go ahead.
MR. CHAKRAVARTY: And, in fact, isn't it true that Jahar actually attended the 2012 Boston Marathon?
STEVEN A. KIMBALL: I believe so, yes.
MS. CONRAD: Objection. Foundation for that.
THE COURT: Yeah. We need a foundation. Sustained.
MR. CHAKRAVARTY: Are you aware of whether the defendant attended the Boston Marathon?
MS. CONRAD: Objection. Foundation. May we be heard at sidebar?
THE COURT: No. He can answer whether he's aware. Then we'll find out how.
MS. CONRAD: Well, I think that's why we need to be heard at sidebar, your Honor.
THE COURT: Go ahead.
STEVEN A. KIMBALL: I believe so, yes.
MR. CHAKRAVARTY: How are you aware?
STEVEN A. KIMBALL: Interaction with other colleagues.
MR. CHAKRAVARTY: And did, in fact, Jahar attend the Marathon?
MS. CONRAD: Objection. Hearsay.
THE COURT: Sustained.
MR. CHAKRAVARTY: Can we go to 1303, please?
MR. CHAKRAVARTY: Miss Conrad asked you a number of questions about this post, 1303, talking about September 11th. And is the date --
MS. CONRAD: Objection.
THE COURT: Go ahead.
MR. CHAKRAVARTY: Was the date of this post March 14, 2013?
MR. CHAKRAVARTY: And so this is right after the entire Al_FirdausiA account was created and all of the posts on that Al_FirdausiA account were already posted?
MS. CONRAD: Objection to leading.
THE COURT: Overruled.
MR. CHAKRAVARTY: And the next post on either of the accounts was on March 14th, correct?
MR. CHAKRAVARTY: Miss Conrad also asked you questions about --
MR. CHAKRAVARTY: Can we call up 1274, please?
MR. CHAKRAVARTY: -- about this date, July 3, 2013?
MR. CHAKRAVARTY: Now, is it customary, before an FBI conducts a search warrant, that they ask an Internet Service Provider to preserve the data that is going to be searched?
MR. CHAKRAVARTY: And did the search warrant get served on July 3, 2013?
STEVEN A. KIMBALL: To the best of my knowledge, yes.
MR. CHAKRAVARTY: And was the last tweet on either account April 17 of 2013?
MR. CHAKRAVARTY: That's all I have.
THE COURT: All right, sir. Thank you. You may step down.
MS. CONRAD: I actually have one question, your Honor.
THE COURT: No. That's enough. Next.
MR. CHAKRAVARTY: The government calls Officer Todd Brown.
MS. CONRAD: Your Honor, may we just approach for a minute about the last matter? I'd like to proffer what I was going to ask.
THE COURT: We'll do it at a break.