5.Chad Fitzgerald — Cross/Redirect/Recross (Part 2)
362 linesCROSS-EXAMINATION BY MS. CONRAD:
MS. CONRAD: Good morning, Mr. Fitzgerald. My name is Miriam Conrad. I'm one of Mr. Tsarnaev's lawyers.
MS. CONRAD: I would like to ask you a few questions about the work you did regarding the location of the two phones being used by Jahar and Tamerlan Tsarnaev on April 15th. Now, those were both T-Mobile phones, correct?
CHAD FITZGERALD: Right. There was one -- well, on April 15th, yes, they were both T-Mobile.
MS. CONRAD: And, Mr. Bruemmer, if you would be kind enough to turn to -- I think it's Slide 7, page -- no, this one. Thank you.
MS. CONRAD: So that one shows a phone call approximately 2:49 p.m. from Jahar Tsarnaev to Tamerlan Tsarnaev, correct?
CHAD FITZGERALD: That's correct, yes.
MS. CONRAD: And the work that you did -- I know you can't pinpoint exactly, but it shows that the -- their locations at that time were consistent, or the information you found was consistent with Jahar Tsarnaev being in the vicinity of the Forum restaurant and Tamerlan Tsarnaev being in the vicinity of Marathon Sports, correct?
CHAD FITZGERALD: Right. That's fair to say, yes.
MS. CONRAD: In the vicinity, right?
CHAD FITZGERALD: Yes.
MS. CONRAD: And turning to the next slide, which reflects the phone call made from Tamerlan Tsarnaev to Jahar Tsarnaev at approximately 2:51 p.m., that also is consistent with Tamerlan Tsarnaev being in the vicinity of Marathon Sports and Jahar Tsarnaev being in the vicinity of the Forum restaurant. Is that correct?
CHAD FITZGERALD: Right. It's all the same area, yes.
MS. CONRAD: Now, you extracted this information from T-Mobile records, correct?
CHAD FITZGERALD: That's correct, yes.
MS. CONRAD: And those T-Mobile records, I think they're shown for April 10th, anyway, on the previous slide?
MS. CONRAD: Is that right, Mr. Bruemmer? I'm sorry. Two back. Well, let's start with that since it's on the screen.
MS. CONRAD: That's the AT&T Wireless call detail, correct?
CHAD FITZGERALD: Correct. The call detail records, yes. Just a small sampling of what we received.
MS. CONRAD: And by the way, that record was drawn from a much larger portion -- excuse me -- from a much larger set of records you got from AT&T, correct?
CHAD FITZGERALD: That's correct, or the government got from AT&T.
MS. CONRAD: And if I could just for the witness now display on the screen -- could we have the -- thank you. Just for the witness, please.
BY MS. CONRAD:
MS. CONRAD: So that's the record that Mr. Bruemmer just had up on the screen, right?
CHAD FITZGERALD: It's only part of the screen; it's not --
MS. CONRAD: I just want to show you now the record that you took that information from. If you'd just bear with me for a second. While Mr. Watkins is trying to figure that out, let me ask a different question. Going back to the record that Mr. Bruemmer had up on the screen.
THE COURT: Do you want to go back to the computer?
MS. CONRAD: Yeah, the AT&T, the portion. Thank you.
BY MS. CONRAD:
MS. CONRAD: Do you see where it says "seizure time"?
CHAD FITZGERALD: Yes.
MS. CONRAD: And can you explain what that means?
CHAD FITZGERALD: Typically, it's the amount of time it took to set up the call.
MS. CONRAD: And that varied, at least on April 10th, from anywhere from four seconds to 21 seconds?
CHAD FITZGERALD: Correct.
MS. CONRAD: And just to use your analogy earlier of when someone makes a call, it's sort of like a kid in the classroom raising their hand, right, and asking to be called on, right?
CHAD FITZGERALD: Right. That's what I used, yes.
MS. CONRAD: From the time someone dials a number and then hits send, it takes some time before the call actually goes through, right?
CHAD FITZGERALD: It can.
MS. CONRAD: And it can be anywhere from four seconds to 21 seconds, right?
CHAD FITZGERALD: It can be any amount of time.
MS. CONRAD: So, for example, if you make a telephone call, sometimes you'll dial the number and you press "send" on your cell phone, and you don't necessarily even hear ringing right away, right?
CHAD FITZGERALD: Right. It would be like call blocking, yes.
MS. CONRAD: Well, sometimes that's the time when your phone is trying to communicate with the most available tower, correct?
CHAD FITZGERALD: I mean, that's one instance, yes.
MS. CONRAD: So without the seizure time, you don't know how long an actual -- or even with the seizure time, for that matter, because you don't know how long it took someone to answer the phone -- you don't know how long the actual conversation was. Is that correct?
CHAD FITZGERALD: That would be under the elapsed time of the call --
MS. CONRAD: So for --
CHAD FITZGERALD: -- for AT&T.
MS. CONRAD: So for this record, for AT&T it would show the elapsed time, correct?
CHAD FITZGERALD: That's correct.
MS. CONRAD: And you're saying that would be the length of the actual conversation?
CHAD FITZGERALD: Yes; that's what AT&T tells us.
MS. CONRAD: And is that from the time the person receiving the call actually answers the phone?
CHAD FITZGERALD: Well, when I say it's the length of the call, the channel's being used, so I don't know -- you mentioned that's when that person answered the phone. It's not necessarily -- the person doesn't have to physically pick up the phone; it's just that's what they're billing you under. That's going to be how long you used up that channel.
MS. CONRAD: Sure. But my question is whether you can tell from looking at that how long the actual conversation was.
CHAD FITZGERALD: I don't even know that a person picked up the phone. I don't know what the content of the call was. No, I do not know if the call was physically connected person to person.
MS. CONRAD: And with respect to the T-Mobile records --
MS. CONRAD: If we could just go to that next slide, please, Mr. Bruemmer.
MS. CONRAD: -- there's no column -- I know this is actually two sets of columns that are cut into two pieces to fit on the page, right?
CHAD FITZGERALD: Correct.
MS. CONRAD: So there's a lot of columns here?
CHAD FITZGERALD: Right.
MS. CONRAD: Is that fair to say?
CHAD FITZGERALD: Absolutely.
MS. CONRAD: And in a second I'm going to show you the columns -- or at least some of the columns for April 15th. Is it fair to say that T-Mobile does not give you the seizure time?
CHAD FITZGERALD: Right. So their system is just set up differently, and then they give us the duration of the call.
MS. CONRAD: And the duration includes the time it takes to connect, right?
CHAD FITZGERALD: I believe the time starts when you start utilizing resources on the tower. So that would be once you get that -- those resources granted from the tower, that's when the timestamp occurs and that's when your duration starts with T-Mobile. So your call would be -- you would be in a, like, call mode, if you will.
MS. CONRAD: So just to make sure I understand this correctly, so I pick up my phone, I dial the number, I press "send," a signal goes out to a tower, right?
CHAD FITZGERALD: Right. You request services.
MS. CONRAD: They make sure that I've paid my bill, right?
CHAD FITZGERALD: Hopefully -- you usually register before that part.
MS. CONRAD: All right. And at that point the signal starts searching for the person being called, right?
CHAD FITZGERALD: No, because you have to get resources from the tower.
MS. CONRAD: Right. Once you get resources from the tower, which would be when this record shows the call, the time starts running on that call, correct?
CHAD FITZGERALD: Right. Once those resources are granted from the tower, that's when the duration and the timestamp occurs.
MS. CONRAD: Okay. But the call does -- is not necessarily received by the person whom I'm calling at that moment?
CHAD FITZGERALD: Right. When your resources are granted, you still have to then navigate through the rest of the system and through whoever you're contacting's system, back down to the mobile, the page has to occur, all that.
MS. CONRAD: And so the person that I'm calling -- if I'm calling Mr. Chakravarty, he doesn't know yet that I'm trying to call him, right?
CHAD FITZGERALD: Right. I mean, when you dial the phone, your phone requests services, you're granted those services, and everything starts getting routed out to whatever his service provider is.
MS. CONRAD: Okay. So showing you --
CHAD FITZGERALD: But the time has already started on your end.
MS. CONRAD: Now, sir --
MS. CONRAD: Maybe this is just for the witness unless Mr. Chakravarty doesn't have an objection.
MR. CHAKRAVARTY: I don't know what it is.
MS. CONRAD: Could we just get that on -- I'm going to plug this in -- or try to.
It's a page from the call detail from T-Mobile. It's on the screen.
MR. CHAKRAVARTY: Can you zoom in, please?
MS. CONRAD: I'm sorry?
MR. CHAKRAVARTY: Can you zoom in, please?
MS. CONRAD: Yes.
MR. CHAKRAVARTY: I think this is an exhibit.
MS. CONRAD: I'm sorry?
MR. CHAKRAVARTY: This is an exhibit.
MS. CONRAD: I think a portion of it is. But if it's an exhibit -- if it is, it's 1172. I'm just asking if you have any objection if I show it to --
MR. CHAKRAVARTY: The witness?
MS. CONRAD: -- the witness and the jury.
I'll ask the witness first.
BY MS. CONRAD:
MS. CONRAD: Mr. Fitzgerald, do you recognize what's on your screen?
CHAD FITZGERALD: Yes.
MS. CONRAD: Okay. And that's a portion of the T-Mobile records, correct?
CHAD FITZGERALD: It appears to be, yes.
MS. CONRAD: And let me just slide it over a little bit more and then slide it up so you can see the top column, right?
CHAD FITZGERALD: Yes.
MS. CONRAD: And that says "duration seconds," right?
CHAD FITZGERALD: Yes.
MS. CONRAD: And again, that is the time from when the caller started using the resources, as you put it, of the phone -- cell tower, correct, to when the call ended?
CHAD FITZGERALD: Well, assuming it's an outgoing call, yes.
MS. CONRAD: Okay. All right. Well, let's go back --
CHAD FITZGERALD: In reference to that call.
MS. CONRAD: Your Honor, if it's not in evidence, I'd offer it at this time.
MR. CHAKRAVARTY: No objections. I'm sorry.
THE COURT: Okay.
MS. CONRAD: I guess that would be Defendant's 2.
THE COURT: Do you want to give it Defense 2?
MS. CONRAD: Unless we changed over. Did we change over to 3,000 to --
THE COURT: We'll fix that later.
MS. CONRAD: Okay.
(Defense Exhibit No. 2 received into evidence.)
BY MS. CONRAD:
MS. CONRAD: And that shows that the phone call from 9151 -- which would be Jahar's phone, right?
CHAD FITZGERALD: Yes.
MS. CONRAD: -- at 2:49 p.m., outgoing call, it lists it as 19 seconds, correct?
CHAD FITZGERALD: That's correct.
MS. CONRAD: But that's not the length of the conversation?
CHAD FITZGERALD: That's the length that that phone was using utilizing T-Mobile resources.
MS. CONRAD: So presumably the length of the conversation was shorter than that?
CHAD FITZGERALD: It's absolutely possible, yes. If there was a conversation at all. I don't even know if there was a conversation.
MS. CONRAD: But if there was a conversation, it was certainly shorter than this, right?
CHAD FITZGERALD: Well, the phone on the other end does have to ring and that is included in this phone duration.
MS. CONRAD: And looking at the next phone call, which is a phone call from Tamerlan to Jahar at 2:51, that's listed as 30 seconds, right?
CHAD FITZGERALD: That's correct.
MS. CONRAD: And again, it would be -- that's not the length of the time that they were actually talking on the phone, if they did talk on the phone?
CHAD FITZGERALD: That's correct.
MS. CONRAD: Now, did you, by any chance, review the extraction from Tamerlan's phone?
CHAD FITZGERALD: It probably came into our area where we were working in the original investigation, so it's very possible that I saw it. But we didn't rely on it for any of our maps or anything.
MS. CONRAD: Okay. If I can just have the camera for the witness only, please.
CHAD FITZGERALD: And can I clarify it?
MS. CONRAD: Oh, sure. Please do.
CHAD FITZGERALD: On that extraction, we might have used contacts. Like so if a contact was listed as a certain person associated with a phone number, that's how we would have used that extraction.
MS. CONRAD: Okay. All right. I'm not sure I understood what you just said, but it may help me if I'm looking at something --
CHAD FITZGERALD: To marry up a name to a phone number is what we use it for.
MS. CONRAD: Okay.
MS. CONRAD: Again, just for the witness.
MS. CONRAD: Do you see an entry for 4:15 -- let me go back down, actually -- no, let me stay there. 4:15 --
MR. CHAKRAVARTY: Your Honor, I'm sorry. I'm just not clear why is the witness being impeached, or what is the question?
MS. CONRAD: No, I'm eliciting information. I thought that's what --
THE COURT: Go ahead.
BY MS. CONRAD:
MS. CONRAD: Thank you. 4/15/2013, and it says 6:51, but then it says UTC. Do you know what "UTC" is?
CHAD FITZGERALD: The GMT about this time of year, it would be four hours' difference.
MS. CONRAD: Is "GMT" Greenwich Mean Time?
CHAD FITZGERALD: Yes.
MS. CONRAD: So that actually would be the 2:51 call?
CHAD FITZGERALD: Yes.
MS. CONRAD: And do you see what the length of that phone call is?
CHAD FITZGERALD: Yes.
MS. CONRAD: And that's 18 seconds?
CHAD FITZGERALD: According to the phone, yes.
MS. CONRAD: And that's an extraction, meaning that's information taken from the phone physically itself?
CHAD FITZGERALD: Right, it's a forensic report generated from the actual hardware -- the actual phone -- mobile phone itself.
MS. CONRAD: So that's -- instead of 30 seconds that you got from the cell tower records, it's 18 seconds for the 2:51 call, right?
CHAD FITZGERALD: I thought it was 18 or 19 -- oh, 2:51? Yes.
MS. CONRAD: 2:51, not 2:49.
CHAD FITZGERALD: Yes, that's a different time.
MS. CONRAD: And these are records for Tamerlan Tsarnaev's, correct?
MR. CHAKRAVARTY: Objection, your Honor. There's no foundation that this witness has even seen this.
THE COURT: Use the phone number.
MS. CONRAD: Well, it's an extraction. The government, I hope, would be aware of this. It's an extraction from Tamerlan's phone. I don't have the phone number. It's not toll records; it's an extraction done by the government.
THE COURT: Go ahead. Proceed.
MR. CHAKRAVARTY: Just, your Honor, this witness has analyzed phone records, not data extracted from a phone.
THE COURT: I understand.
Go ahead.
BY MS. CONRAD:
MS. CONRAD: So that was the 2:51 call, right?
CHAD FITZGERALD: Right.
MS. CONRAD: And that was outgoing, right? Just, I could scroll back up if you want to look at it again.
CHAD FITZGERALD: Yeah, according to whatever system they used here, Cellebrite or whatever extraction they used.
MS. CONRAD: And there's an earlier call, 6:49 UTC, which would be 2:49 p.m. Boston time, right?
CHAD FITZGERALD: That's correct, yes.
MS. CONRAD: And that's shown as incoming, right?
CHAD FITZGERALD: Right, yes.
MS. CONRAD: From 9151 -- excuse me. From 9151, correct?
CHAD FITZGERALD: That's correct, yes.
MS. CONRAD: And that would be Jahar's phone, right?
CHAD FITZGERALD: Yes.
MS. CONRAD: And that shows a duration of eight seconds?
CHAD FITZGERALD: That's correct, yes.
MS. CONRAD: And so we've got an eight-second call at 2:49 -- or eight-second conversation, I guess, right, at 2:49?
CHAD FITZGERALD: I don't know how Cellebrite or whatever forensic utility was used. I don't know how they determine the duration, if it's the actual -- if the call's connected, if it's the conversation or if it's when the call comes in. I don't know how this system works or the extraction software works.
MS. CONRAD: But just to clarify, it's not inconsistent that the phone would reflect an eight-second call when the cell tower data reflects a 19-second call?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Overruled.
You may answer it.
CHAD FITZGERALD: Like I said, I don't know much about Cellebrite other than how to operate it. I don't know the detail ins and outs that it pulls from the call logs. I mean, this is like from a call log versus network resources that are used in the network. So you're kind of comparing -- although it's talking about the same information, you're kind of comparing two different entities or two different things.
BY MS. CONRAD:
MS. CONRAD: I guess really I'm just asking, the fact that one shows a shorter time period does not -- it's not inconsistent with the fact that the cell tower reflects a longer time because it includes the connection time, right?
CHAD FITZGERALD: I don't think that's unusual. But, like, once again, I don't know how it determines this duration or time. I assume it's the call. It's like when the -- you know, the actual call is occurring. But what happens when a call's missed, I don't know the answer to that. So whether you say it's inconsistent or consistent, I don't know the answer to that because I'm not familiar enough with what they're extracting out of the actual mobile phone itself. I deal with more the networks.
MS. CONRAD: I understand. Thank you. But the -- showing you the slide that I think is Number 9 which is the -- well, let's go to Number 8 -- which is the 2:49 call, I think, right?
MS. CONRAD: And could we have that on the screen, please?
MS. CONRAD: That shows -- I'm sorry. It's the 2:51 call, but let's just stay there for a second. It shows for one -- that's just one phone call even though there's two times shown, right?
CHAD FITZGERALD: Two diff- -- yes, they're calling each other, so it's in respect to two different phones. So we received call detail records for one phone number and call details for another phone number. I'm showing them both on the screen in respect to each of those call detail records, but, yes, the two phones are calling each other.
MS. CONRAD: And the 2:51 call we know was a call from Tamerlan to Jahar, right?
CHAD FITZGERALD: Yes.
MS. CONRAD: And one of them says 14:51:18. The other one shows 14:51:19. Is that because the cell data for each of them would be different?
CHAD FITZGERALD: Well, yeah, it's in respect to that phone itself.
MS. CONRAD: Right. But again, the 14:51:19 is not the time that in this instance Jahar picked up the phone and started talking?
CHAD FITZGERALD: Well, it's the instant in which his phone responded to the page. So when a phone's incoming, like I said, the network has to generally -- or know the general area where you are. So if I have an incoming call, the area where I am, a page signal would go out. When that page signal goes out, it's kind of like going back to the teacher-student relationship. The teacher's calling my name. As the mobile I raise my hand; the teacher calls on me and says: Hey, you have a call. Go over here and you can complete your call. That's when -- when those resources are granted, that's when the record is generated and that timestamp is generated.
MS. CONRAD: Okay. But not when the conversation necessarily began?
CHAD FITZGERALD: Right, not when I hit the green button. But like I'm getting caller ID, my phone is ringing, that's typically when you're starting to look for those resources. And right before I hit the green button, that's when, you know, I'm going to actually connect and we can communicate with each other.
MS. CONRAD: And the records or the -- excuse me -- the maps and diagrams that you showed us for days after April 15th were not necessarily calls between the brothers. Is that right?
CHAD FITZGERALD: Right. There are some that are between them, but I think the majority of them, or the bulk of the calls that are displayed, are not between the two.
MS. CONRAD: So the purpose of that was just to show where each phone was located at those particular times, right?
CHAD FITZGERALD: The general area, yes.
MS. CONRAD: And in order to put that information together, you reviewed in this case AT&T records going back from April 2014 -- excuse me -- April 2013 going back to -- into December of 2012, right?
CHAD FITZGERALD: They continued on beyond that.
MS. CONRAD: Okay. But you reviewed all of them. Is that right?
CHAD FITZGERALD: I had them on my system. Like there were several calls -- yes. I mean, when we were in the investigation, we were trying to come up with leads, yes, we did review in bulk, like, who they're contacting, what phone numbers they're contacting. But for the purposes of this presentation, I only looked at the dates and times that I have displayed.
MS. CONRAD: But you are generally familiar with those underlying records. Is that correct?
CHAD FITZGERALD: Absolutely, yes.
MS. CONRAD: May I have a moment, please?
(Counsel confer off the record.)
MS. CONRAD: Okay. We're going to give this another try with Mr. Watkins. Again, just for the witness, please.
MS. CONRAD: So what you see on the screen now is your presentation, right?
CHAD FITZGERALD: That's correct, yes.
MS. CONRAD: A portion of the AT&T records from April 10th, 2013?
(Pause.)
MS. CONRAD: Thank you. If I could just have my laptop this time for the witness.
MS. CONRAD: Is that the record from which you took that? I can make it bigger. Sorry.
CHAD FITZGERALD: Yeah, it looks on the surface like it is. Yes.
MS. CONRAD: Well, that's April 10, 2013, right?
CHAD FITZGERALD: Yes.
MS. CONRAD: And those are the records that you put into the presentation, right?
CHAD FITZGERALD: Yeah, I just grabbed a screen shot of a couple of lines.
MS. CONRAD: And could I have this --
MS. CONRAD: And those are records that were received by the government from AT&T for Jahar Tsarnaev's AT&T cell phone, correct?
CHAD FITZGERALD: Right, I think they received a couple different -- you know, like they got a certain time period, then they wanted to extend that time period. So which set I used, you know, between the two time periods that were obtained, because one was much longer than the other, I don't recall off the top of my head.
MS. CONRAD: But you reviewed records for that phone going back, at least, until December 2012, which is how you prepared your other presentation --
CHAD FITZGERALD: Yes. Yes.
MS. CONRAD: -- correct? To December 11, 2012, correct?
CHAD FITZGERALD: Like I said, for this phone, I only went back to -- you know, as I testified to earlier, I only went and did December 25th and 26th.
MS. CONRAD: Your Honor, I'd ask that these be marked -- this be marked for identification.
THE COURT: All right.
MR. CHAKRAVARTY: No objection to identification; not as an exhibit, though.
THE COURT: I'm sorry?
MR. CHAKRAVARTY: No objection as to identification, not as an exhibit.
THE COURT: Yes.
BY MS. CONRAD:
MS. CONRAD: In reviewing those records, you told us about Jahar's location on December 25th and 26th, correct?
CHAD FITZGERALD: That's correct, yes.
MS. CONRAD: And you know he was a student at UMass Dartmouth during that time, correct?
CHAD FITZGERALD: Yes.
MS. CONRAD: And I think you testified about that being the Christmas break?
CHAD FITZGERALD: Correct, yes.
MS. CONRAD: And in the records that you reviewed, did you note that Mr. Tsarnaev, Jahar Tsarnaev, spent much of his time in the Dartmouth area based on his cell phone data usage?
CHAD FITZGERALD: Yeah. As I remember, it definitely went down there, even the week of April 15th.
MS. CONRAD: Thank you.
MS. CONRAD: I don't have any further questions.
THE COURT: Anything else?
MR. CHAKRAVARTY: I do have some brief follow-up.
REDIRECT EXAMINATION BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Agent Fitzgerald, you were asked several questions about these calls that occurred on the 15th, the date of the marathon bombing, at about 1449. Is that 2:49 for those of us who haven't been in the military?
CHAD FITZGERALD: Yes.
MR. CHAKRAVARTY: So at 2:49, is that the first call contact between the two phones, the one -- the new T-Mobile phone that was subscribed to by Jahar Tsarni and the T-Mobile phone that was subscribed to by Tamerlan Tsarnaev?
CHAD FITZGERALD: Right. I believe it was the first -- if I remember correctly, it was the first call of the day, even. But, yes, it was definitely the first call between them.
MR. CHAKRAVARTY: Can we call up 1172?
MR. CHAKRAVARTY: And this reflects those calls?
CHAD FITZGERALD: Yes. So as you can see, the first call of the day on the 15th is the 2:49 call you were asking about.
MR. CHAKRAVARTY: And is that a call of 19-second duration outgoing from Jahar's phone to Tamerlan's phone?
CHAD FITZGERALD: It is.
MR. CHAKRAVARTY: Now, Ms. Conrad asked you a number of questions about what the call duration means. The 19 seconds that appear here, what can you definitively say that means in terms of the phone contact of the 9151 phone?
CHAD FITZGERALD: That's how long that phone utilized resources on the T-Mobile network.
MR. CHAKRAVARTY: And did you also review Tamerlan's phone records around that -- for that same call?
CHAD FITZGERALD: Yes.
MR. CHAKRAVARTY: And did that, in fact, show that there was a call on the same date and time for 17 seconds?
CHAD FITZGERALD: Right. I think it might be off by a second, but, yes, it's relatively the same time.
MR. CHAKRAVARTY: And that seizure period, or the handshake period where the phone is talking to the cell tower, can that be just a matter of less than a second up to maybe several seconds?
CHAD FITZGERALD: Right. I think several people have experienced both ends of that, where you dial the number, hit "send" and your call starts connecting, or sometimes, like the defense mentioned, you'd dial your number, hit "send," and it might take a little while before your phone call actually gets connected.
MR. CHAKRAVARTY: Do you know whether this call was made before or after the marathon bombing?
CHAD FITZGERALD: I believe it was --
MS. CONRAD: Objection. Foundation, your Honor.
THE COURT: Yes, sustained.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: How do you know when this call was made vis-à-vis the marathon bombing?
MS. CONRAD: Objection.
THE COURT: Sustained. It's also not proper redirect.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: So Ms. Conrad asked you about a call at 1451, which is the very next call. Do you remember that?
CHAD FITZGERALD: Yes.
MR. CHAKRAVARTY: And she highlighted that there was a slight discrepancy between Jahar's phone records and Tamerlan's phone records of one second. I think one was at 20:51:18 and one was at 20:51:19. Do you remember that?
CHAD FITZGERALD: Yes.
MR. CHAKRAVARTY: And can you explain the discrepancy?
CHAD FITZGERALD: Well, once again, it's the person making the call, it's just how long each call was using resources. The person dialing the phone, you know, logically, that call, when you're dialing and hitting the green button, it's going to happen sooner than the person receiving the call.
MR. CHAKRAVARTY: Can we call up Exhibit 1440? I believe it's page 8.
MR. CHAKRAVARTY: Does this reflect that call?
CHAD FITZGERALD: Yes.
MR. CHAKRAVARTY: And so this reflects that if there's a school over here, that the 4634 number was in the vicinity -- or was in the sector assigned to that school?
MS. CONRAD: Objection, your Honor.
THE COURT: Sustained.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Ms. Conrad asked you some questions about phone extraction. Can you explain to the jury why data collected from a handset or of a phone is different from the data collected from the phone company that provides the tower log records?
CHAD FITZGERALD: Right. So the phone company pulls that information from the switch that -- like I mentioned earlier on direct, it's pretty much the brains behind the operation; it's the one controlling all the handoffs. That's where the phone detail records occur. The phone extraction software, like I testified to, I don't know where it's grabbing the information from, how it's grabbing the information, or even from provider -- or from manufacturer to manufacturer, an iPhone versus an S5, even a Samsung versus an HTC, I don't know how that phone software maintains those logs, but that's what the phone extraction, or the forensic tool, is relying on to obtain those records that were brought up by the defense.
MR. CHAKRAVARTY: And does a cell phone capture all of the same data that is captured by the cell phone network?
CHAD FITZGERALD: No. For a perfect example, the phone extraction is not going to be able to tell you what tower and sector was being utilized versus the switch knows what tower and sector was being utilized.
MR. CHAKRAVARTY: Now, on this graphic, does this show, then, that the call by Tamerlan was made in the sector -- this sector over here?
CHAD FITZGERALD: Yes.
MR. CHAKRAVARTY: Can we go to --
CHAD FITZGERALD: This is a little wider -- I mean, it goes out to this edge right here.
MR. CHAKRAVARTY: Can we go to the previous page?
MR. CHAKRAVARTY: And the call at 1449 it shows in this sector?
CHAD FITZGERALD: The phone, yeah.
MR. CHAKRAVARTY: The phone?
CHAD FITZGERALD: Yes.
MR. CHAKRAVARTY: Does that suggest movement in your business?
MS. CONRAD: Objection, your Honor.
THE COURT: Sustained.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Ms. Conrad asked you some questions about connectivity, I mean, calls between these two cell phones, the 9151 T-Mobile phone, the prepaid T-Mobile phone, and Tamerlan's phone, 8634. Aside from the contact on April 15th and then again later in the week on the 18th, did -- was the principal phone that was subscribed to by Jahar Tsarnaev, the AT&T phone, the one that communicated with Tamerlan Tsarnaev?
MS. CONRAD: Objection. Scope.
THE COURT: No, but I'm not sure the question is clear. Why don't you replay it.
MR. CHAKRAVARTY: I'll ask another question.
Mr. Bruemmer, can you fast-forward about four slides? One more, please.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: So this is the next day. At this time it's not the 9151 phone that was being used -- the Jahar Tsarni phone that was being used to communicate with Tamerlan Tsarnaev; it was the AT&T phone?
MS. CONRAD: Objection.
THE COURT: Overruled.
You may answer it. Go ahead.
MS. CONRAD: It's the assumption in the question, "being used to communicate with Tamerlan Tsarnaev."
THE COURT: Right. That's enough.
Go ahead.
CHAD FITZGERALD: I don't remember how many calls there were, if any, during this time period between 4634 and 5112. And as I remember, the service had been disconnected on the 5112. But kind of a side product, they don't eliminate texting. So the user could still use it for texting, and I believe that's what was -- if my memory serves correctly, I believe that's what was being used on the 5112 number at this time period.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: And that 5112, if it hadn't paid for its service, could also use the wireless signals, the Wi-Fi signals?
CHAD FITZGERALD: Right. It could connect via Wi-Fi or do the texting even though it would have been shut off.
MR. CHAKRAVARTY: Does Apple have an iMessage communications means?
MS. CONRAD: Objection, your Honor.
THE COURT: Sustained.
MR. CHAKRAVARTY: That is all I have, your Honor.
MS. CONRAD: Your Honor, I neglected to ask that the phone extraction for Tamerlan's phone be marked for identification, so I would ask that that be marked as Exhibit 3 for identification, and then the AT&T records be marked for identification as Exhibit 4.
THE COURT: All right.
MS. CONRAD: And I would actually ask that -- given the redirect examination, I would ask that the AT&T records for April 15th, 16th, 17th and 18th, at least, be admitted at this time, or those -- excuse me -- that were reviewed. Mr. Chakravarty just asked a series of questions about what those records showed.
MR. CHAKRAVARTY: I would object to that, your Honor.
THE COURT: No. You may have them all marked for identification.
(Defense Exhibit Nos. 3 and 4 marked for identification.)
MS. CONRAD: May I ask just a couple of questions on redirect, please?
THE COURT: Recross.
MS. CONRAD: Recross. Thank you.
THE COURT: Only as to that matter.
MS. CONRAD: Yes. Absolutely.
RECROSS-EXAMINATION BY MS. CONRAD:
MS. CONRAD: Sir, Mr. Chakravarty just asked you some questions about being able to make calls wirelessly, correct?
CHAD FITZGERALD: Yes.
MS. CONRAD: Those wouldn't be reflected on cell tower data, would they?
CHAD FITZGERALD: No. Well --
MS. CONRAD: And --
MS. CONRAD: May I just have a moment?
CHAD FITZGERALD: -- they would be reflected in the data connection part, but we didn't rely on any of those.
MS. CONRAD: Right. That's not what you were referring to in these charts?
CHAD FITZGERALD: Right. Right.
MS. CONRAD: May I just have one moment, please?
(Counsel confer off the record.)
MS. CONRAD: Thank you very much, sir.
THE COURT: All right. Thank you, sir. You may step down.
CHAD FITZGERALD: Thank you.
(The witness is excused.)
MR. MELLIN: The government calls James Eppard.