6.Dun Meng — Direct/Cross/Redirect
901 linesDUN MENG, duly sworn through the interpreter
COURT CLERK: State your name and spell your last name for the record and keep your voice up and speak into the mic if you would.
DIRECT EXAMINATION (In English) BY MR. MELLIN:
MR. MELLIN: And how do you spell your name?
MR. MELLIN: And last name?
MR. MELLIN: Your Honor, if I may ask the interpreter to spell her name as well.
THE COURT: Yes. Let me -- just a couple of logistics. We can get a chair for the interpreter, if she would like to sit on the podium with the witness.
COURT CLERK: Would you like a chair?
INTERPRETER: Yeah.
THE COURT: And actually, if the English will be spoken by the interpreter, the microphone should be in front of her rather than --
MR. MELLIN: Actually, your Honor, I think that we are probably going to conduct most, if not all, of this in English, but we have the interpreter just in case Mr. Meng needs the interpreter.
THE COURT: To the extent the interpreter is called upon to translate Mr. Meng's Chinese into English, then I would ask the interpreter to speak into the microphone with the English answer, okay?
MR. MELLIN: Just for the record, if I may have the interpreter -- is your first name spelled L-I-L-U-N?
INTERPRETER: Yes.
MR. MELLIN: And last name is Z-H-A-N-G?
INTERPRETER: Yes, that's correct.
MR. MELLIN: Thank you.
BY MR. MELLIN:
MR. MELLIN: Mr. Meng, as you sit here in court today, you have the interpreter next to you. Is that right?
MR. MELLIN: And do you understand that if there's anything you need the interpreter for, that we can have the questions interpreted?
MR. MELLIN: And if they were to be interpreted, what language would you be asking the interpreter to help you out in?
MR. MELLIN: In Mandarin?
MR. MELLIN: And where did you grow up, Mr. Meng?
MR. MELLIN: Did you go to school in China?
DUN MENG: Yeah, I go to school in China. I go to -- I graduate. I go to middle school, high school and college in China.
MR. MELLIN: At some point did you begin the study of English?
MR. MELLIN: In middle school?
MR. MELLIN: Okay. And at some point, then, did you come to the United States?
MR. MELLIN: Do you have a family back in China?
MR. MELLIN: Parents as well as siblings?
MR. MELLIN: When you came to the United States, where did you go?
MR. MELLIN: And why did you go to Northeastern University?
DUN MENG: Couple of reasons. I think the first one is I approved by the Northeastern University. I get offer from Northeastern University.
MR. MELLIN: You got a waiver?
MR. MELLIN: An offer?
MR. MELLIN: All right.
DUN MENG: And another reason for me I think in 2009, Northeastern University's in Boston, and I think I like to go to Boston to study.
MR. MELLIN: What were you studying?
MR. MELLIN: What is transportation engineering?
DUN MENG: So transportation engineering is about traffic analysis and some public transportation, and also we study about bike lanes.
MR. MELLIN: Okay. So you're talking about public transportation, and bike lanes as well?
MR. MELLIN: Did you ultimately get your master's degree at Northeastern?
MR. MELLIN: What year?
MR. MELLIN: After getting your degree, did you decide to stay in the United States?
DUN MENG: Yeah, after I graduated from Northeastern, I first -- I was -- I decided to stay in United States, but I had to get a visa. So I applied for a work visa after I graduated.
MR. MELLIN: When you say you had to get a visa, you were here already on a visa, is that right, when you were at school?
MR. MELLIN: Yes?
MR. MELLIN: Okay. But you had to change the visa now from being a student to getting a work visa?
MR. MELLIN: Understood. So you were able to get a work visa, what's called an H-1B visa?
MR. MELLIN: All right. So after getting this visa that allowed you to come to the United States to work, what did you do?
DUN MENG: After I get this visa, I work in a company, sponsor my work visa, and then the company, it's -- I'm the founder of the company, so I'm a partner of the company.
MR. MELLIN: As a partner of the company, what does the company do?
DUN MENG: Our company is Mobil application right now. So we have like iPhone app, and the app is for food delivery. And we --
MR. MELLIN: Wait. It's for what?
MR. MELLIN: Okay. For the delivery of food?
MR. MELLIN: So do you use the app if you want to get food from some local restaurant and they'll deliver it to your address?
DUN MENG: Yeah. And you can -- only for Asian food delivery. So if you like to order Asian food delivery, you can order on the iPhone ap. Just open the app, and you can see the menu, the restaurant, and somebody will deliver to you.
MR. MELLIN: When did you begin putting that together, this app and this business?
DUN MENG: It's been started between us about two years ago. I mean, it's been a lot of times to develop the ap, yeah.
MR. MELLIN: In April of 2013 what were you doing?
DUN MENG: In April of 2013 I just came back to United States for about, I think, two months, maybe less than two months. So I was just going to work every day.
MR. MELLIN: In the middle of April of 2013, where was work located?
MR. MELLIN: On April 18th of 2013 were you at work?
MR. MELLIN: Do you recall how long you were at work that night?
MR. MELLIN: At about 10:30 p.m. on April 18th, what did you do?
DUN MENG: After day of work, I -- after like about 10:30 I finished the discussion with my partner. So I left my workplace. I feel a little tired, so I decided to drive with my car out to get a ride to relax.
MR. MELLIN: In April of 2013, what type of car did you have?
MR. MELLIN: When you say it's a Mercedes SUV, it's a sport utility vehicle?
MR. MELLIN: Okay. Did you buy that or did you lease it?
MR. MELLIN: If I could have you look at Exhibit 754.
MR. MELLIN: And just for the witness for now.
MR. MELLIN: Mr. Meng, as you look at Exhibit 754, do you recognize what that is?
MR. MELLIN: And what is it?
MR. MELLIN: And do you see what I just zoomed in on?
MR. MELLIN: Is this a portion of that lease agreement?
MR. MELLIN: And is this a lease agreement between you and Mercedes-Benz of Boston?
MR. MELLIN: Is it a fair and accurate copy of that agreement?
MR. MELLIN: Your Honor, I would move in Exhibit 754 and ask to publish.
MR. BRUCK: No objection.
THE COURT: Okay.
(Government Exhibit No. 754 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: And again, Mr. Meng, just for the jury, this is a zoomed-in -- the top portion of that document. Is that right?
MR. MELLIN: Okay. And on this document do you see the date of the lease is 3/4/2013?
MR. MELLIN: Is that correct?
MR. MELLIN: And do you see down below who the lessee is?
MR. MELLIN: And this is for a 2013 Mercedes, correct?
MR. MELLIN: All right. Is that the vehicle you were driving on the night of April the 18th, 2013?
MR. MELLIN: If I can also have you look at Exhibit 753. And do you recognize Exhibit 753 as the registration for that Mercedes?
MR. MELLIN: Your Honor, I would move into evidence Exhibit 753.
MR. BRUCK: No objection.
THE COURT: All right.
(Government Exhibit No. 753 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: And very quickly, as we look at Exhibit 753 on the screen is that a MassDOT Registry of Motor Vehicles registration for the Mercedes-Benz?
MR. MELLIN: Thank you. So, Mr. Meng --
THE COURT: Excuse me, Mr. Mellin. Maybe I can make a suggestion. Maybe the interpreter and Mr. Meng can change seats so he can see the screen better.
MR. MELLIN: Thank you, your Honor.
BY MR. MELLIN:
MR. MELLIN: So, Mr. Meng, on -- going back to April 18, 2013, at about 10:30 p.m., you left work in your Mercedes-Benz SUV. What did you do?
DUN MENG: So after I drove out to my Mercedes from the parking garage, I decided to drive along the Charles River to take a relax. I don't have actually, like, destination where to drive, you know. I just want to drive along the river, maybe have a relax.
MR. MELLIN: Okay. So you go out for this drive, destination unknown?
MR. MELLIN: Where do you go?
DUN MENG: I went down to Memorial Drive in Cambridge. And after I make a left turn out of BU Bridge into Boston.
MR. MELLIN: You said the BU Bridge. Boston University Bridge?
MR. MELLIN: Okay. So now you've turned left and you're going over the Charles River?
MR. MELLIN: Okay. Where do you go?
DUN MENG: After BU Bridge, I make a right turn onto Columbus Avenue, and then I make a left turn onto Commonwealth Avenue, and I turn right onto Harvard street or avenue, I'm not sure. Harvard Avenue, I think. So after Harvard, I make a right turn onto Brighton Avenue. After Brighton --
MR. MELLIN: Onto Brighton Avenue?
MR. MELLIN: Okay.
DUN MENG: On Brighton Avenue, at some point I just found out -- I go to text message from my friend from that day. I haven't get a chance to respond to text message. So I decided to pull over to take spot to text message. Because I'm a transportation engineer, so I know it's unsafe to -- I feel it's unsafe to text when I'm driving, so I decided to pull over to the curb.
MR. MELLIN: All right. So when you pull over to respond to this text message, what happened?
DUN MENG: After I pulled over, I was texting a message, and I was typing in the phone. Like a few seconds later I saw another car, a sedan, pull up behind --
MR. MELLIN: Just a minute. You just said sedan, I believe?
MR. MELLIN: And when you refer to a sedan, what are you referring to?
MR. MELLIN: And at the time that you're in the car that you're texting, is anyone in the car with you?
MR. MELLIN: Okay. So you see this sedan pull up or come on the scene. What did you notice about the sedan?
MR. MELLIN: To the curb?
DUN MENG: To the curb very fast. I thought it's unusual -- unusual for people to park in like that fast. And --
MR. MELLIN: Did they pull over in front of you or behind you?
MR. MELLIN: What happened?
DUN MENG: And very quickly a man just walk out from that car and walk towards me. And he knocked on the front passenger window of my car trying to --
MR. MELLIN: Let me stop you there. When this person got out of the car that was behind you and walked up, was that person a passenger in the car behind you?
MR. MELLIN: Okay. All right. So this person gets out of the car and walks up towards you. Is that right?
MR. MELLIN: What happened?
DUN MENG: He looked -- he was trying to -- I thought he was trying to ask me some question. He was talking. And he knocked the passenger window of my car. And so I lowered down a little bit of the window. He asked me to lower it down a little bit more. So I thought he was trying to ask some directions. I rolled down the window a little bit more. Suddenly, he put his hands -- his right hand through the window into my car and he opened up the door of my car and jumped into the car.
MR. MELLIN: So the person that was on the outside where you rolled the window down, that person reached in with their right hand and opened up the door?
MR. MELLIN: Okay. When that person jumped into your car, what happened?
DUN MENG: He jumped in very quickly and closed the door immediately and pointed the gun to me, right to my head. And he asked for money first. Asked, "Where's the cash?" So I gave him all my cash in my car. It's not too much. I think it's -- I remember it's about 40 or 45 dollars in the car. First after I give him the cash, he said, "You only have that amount of cash? That's not enough." He asked me, "Where's your wallet?" So I give him my wallet too. And there's no cash in the wallet.
MR. MELLIN: So the individual, he sat in the front passenger seat of the car; he pointed a gun at you, correct?
MR. MELLIN: How close was the gun to you?
MR. MELLIN: At that point how did you feel?
DUN MENG: I was -- I feel totally shocked. I was like: What is this? I said, What's going on with this? Someone jumping in my car and pointing a gun at me? It just feels like what's just happened?
MR. MELLIN: When you gave that person the $45, what did you do with your wallet?
MR. MELLIN: Sure. What did you do with your wallet? What happened to your wallet?
DUN MENG: Okay. He asked me the wallet. So my wallet, actually, I remember was in the other side of the pocket in the car. So I took out the wallet, and I hand it over to him.
MR. MELLIN: Now, when you say it was in the other pocket, do you mean the pocket that's in the door of the driver's door?
MR. MELLIN: All right. You handed over the wallet to him. Was he still pointing the gun at you?
MR. MELLIN: Okay. And what happened?
DUN MENG: I told him that's all the cash I have. I remember he took it -- take a look at the wallet, there's no cash in it. And he put the wallet -- I don't know -- on the other side of -- I don't remember. But he didn't give it back to me. And then he pulled a magazine out -- a magazine with a gun out to show me there's bullets in the gun. So he told me that, "You know I'm serious, so don't be stupid."
MR. MELLIN: After he pulled the magazine out and showed it to you and told you to be -- that he was serious, what did he say?
DUN MENG: After that he asked me, "Do you know the Boston Marathon explosion?" I said, "Yes, I know." And then he asked, "Do you know who did it?" I said, "No, I don't." He said, "I did it, and I just killed a policeman in Cambridge."
MR. MELLIN: So the man that was sitting in your front passenger seat said that he did the Boston Marathon explosion and that he just killed a policeman in Cambridge?
MR. MELLIN: Did you know anything about the shooting of Officer Sean Collier at that point in time?
DUN MENG: I don't know anything about a shooting of the officer, any shooting about that, but actually that night I drive -- I drove from Cambridge -- actually, from Memorial Drive. When I was on Memorial Drive near the MIT campus, I saw a lot of police cars with blue lights drive into the MIT campus. It's about a five or six, maybe more than that, police cars. So I thought that maybe something happened there, but I don't know what happened. But after he told me that he killed a policeman in Cambridge, I think maybe it's something related to the police cars. So I believed him, he's serious, he's telling me the truth.
MR. MELLIN: All right. So after he told you that, how did you feel?
DUN MENG: Terrified. I mean, the whole world -- everybody is looking for them at that time, and I can't believe I just met them, you know, like they just -- first when they jump into my car, I thought it's money, cash robbery. I just gave them cash, I should be okay. But after he told me that, I thought it's going to be something different.
MR. MELLIN: What happened after he told you he had done the Boston Marathon bombing and had just killed an officer at MIT?
MR. MELLIN: Where did he want you to drive?
DUN MENG: First of all, he asked me to make a left turn, like make a U-turn. But after I pulled out the car, he changed his mind immediately and asked me to make a right turn. So I made a right turn into a -- onto a street.
MR. MELLIN: When you made that right turn onto the street and started down that street, what happened to the sedan that was behind you?
DUN MENG: I don't know. I didn't notice the sedan at that point, so I don't know what happened to the sedan at that point.
MR. MELLIN: Okay. When did you notice the sedan?
DUN MENG: I noticed the sedan like I think about 20 or 30 minutes later after we pulled over on the street in Watertown. The sedan pulled up behind -- right behind us.
MR. MELLIN: While you were driving and he was in the front passenger seat, where did you go?
MR. MELLIN: Sure. Where did you go while you were driving? After you pulled out and then you turned right, where did you go?
DUN MENG: After we made a right turn, we continue on that small street, and then after that small street we made a right turn onto Commonwealth Avenue.
MR. MELLIN: So you turned onto Commonwealth Avenue, and where did you go?
DUN MENG: After Commonwealth -- we continued on Commonwealth Avenue for about, I think, maybe two miles, until we made a right turn near Brighton.
MR. MELLIN: Who was deciding where you were going? Was he telling you where to go?
MR. MELLIN: And what was the man with the gun saying while you were driving?
MR. MELLIN: Was he talking to you or saying things to you?
MR. MELLIN: All right. And what was the conversation about?
DUN MENG: First he asked me my name and he asked me where I from. And after the first few minutes, I was -- my hands were shaking, I can't manage to drive. He asked me to drive like normally.
MR. MELLIN: Why were your hands shaking and why were you having trouble driving?
MR. MELLIN: At some point did you answer his question about your name?
MR. MELLIN: What did you tell him?
DUN MENG: I answer him my English name at that time. I told him my name is Manny. He didn't get it on the first time. He said, "Money"? So he laughed about it. "Money? You must got a lot of money." So I said, "No, not Money." I said, "My name is Manny, M-A-N-N-Y." And after that question, he asked me, "Where are you from?" I said, "China." He didn't get it the first time, so I repeat it. I said, "I'm Chinese."
MR. MELLIN: What did he say?
MR. MELLIN: When he said that, how did you respond?
MR. MELLIN: What did he say?
MR. MELLIN: So when he told you to drive down Commonwealth Avenue for a while and you turned, what happened?
DUN MENG: We made a right turn. I don't remember the name of the street the first time we made a right turn, but later on I remember we were driving on Market Street in Brighton. So he asked me couple other questions. He asked me, "How long have you came here to the United States?" "What do you do?" Questions like that.
MR. MELLIN: What did you say?
DUN MENG: I said, "I came here for study. I went to Northeastern University. My English is not very good." And he asked me, "Who do you live with?" I say, "I live with roommates." Then he asked me --
MR. MELLIN: He asked who you lived with?
MR. MELLIN: Why did you think he was asking you that?
DUN MENG: I didn't know at first time the reason he asked me, but later on he asked me some other questions, I think I know why he is asking me that question. So later he asked me, "Is there anyone care about you?" So I think he's worried about someone will worry about me if I didn't go back home until that night -- the people who care about me would be nervous.
MR. MELLIN: How did you feel when he asked if there was anyone there to care about you?
DUN MENG: I feel he's trying to -- his concern, and I feel I have to tell him that nobody's concerned, care about me, so makes him like very relaxed. Don't like, you know, pay too much attention on me.
MR. MELLIN: After that conversation, did it continue or was that the end of it?
DUN MENG: After our conversation we had a break for a couple of minutes and we continue driving on -- back on the street. At some point he ask me my -- the PIN code of my bank card.
MR. MELLIN: He asked for your PIN code on your bank card?
MR. MELLIN: What did you say?
DUN MENG: I tell him the PIN code. And the PIN code was starting with 86, somebody's birthday. And then he asked me, "Did you born 1986?" I said, "Yes."
MR. MELLIN: Are you actually born in 1986?
MR. MELLIN: Was that birth date PIN code your birth date or someone else's?
MR. MELLIN: Okay. So after he asked if you were born in 1986, how did the conversation go?
DUN MENG: After he asked me about 1986, he said, "That your birthday?" I said, "No, it's not my birthday; it's my girlfriend's birthday." And then he ask me, "Where is your girlfriend?" I mean, so I told him my girlfriend is not here; she's in China.
MR. MELLIN: What happened after that?
DUN MENG: After that we continued driving. And I think we made a left turn at some point onto -- onto Arsenal Street.
MR. MELLIN: Onto Arsenal Street?
MR. MELLIN: All right. So at some point now you're in Watertown from driving around?
MR. MELLIN: And where do you go once you get onto Arsenal Street?
DUN MENG: After a short one-minute drive on Arsenal Street, he ask me to -- order me to make a right turn onto a local street or dock. I don't remember the name of the street.
MR. MELLIN: All right. So you turned on the street off of Arsenal. And what happened?
DUN MENG: At some point he ask me question, like, "Do you -- do you think all the white people look the same?"
MR. MELLIN: Wait. What was that question?
MR. MELLIN: He asked if you --
DUN MENG: Yeah, I didn't get the question the first time. I said, "What? I'm sorry?" And then he said, "Do you think the white person looks like the same like do you think the black person looks like the same? And so you won't remember my face, right?" So I said, "Yes. No, I don't remember anything."
MR. MELLIN: Why did you tell him you don't remember anything?
DUN MENG: I feel like if I tell him that I remember your face, I remember everything, then he will, you know -- I think he will do something not good for me later on. I just feel safer if I tell him that I don't remember anything.
MR. MELLIN: All right. So after he asked you if everyone looked -- all white people looked the same to you or if you would recognize him, what happened?
DUN MENG: He continue order me to drive in -- on the street, made some turns, and about a few minutes later, we pull over to -- on a local street in Watertown.
MR. MELLIN: Do you remember the name of that local street in Watertown?
MR. MELLIN: At that point in time was the sedan now behind you?
MR. MELLIN: When you pulled over and the sedan pulled in behind you, what happened?
DUN MENG: After the sedan pulled over, he order me to get out of the car and switch my seat, so order me to sit in the front passenger seat. So he took out the car keys, and I was -- I took off the car and go run to the front side of my car and sit in the front passenger seat.
MR. MELLIN: At that point how come you didn't run?
MR. MELLIN: Why didn't you run away right then?
DUN MENG: Before he took out the car key, I did think about run away, but he took out the car key very quickly, I think I got no chance to run away because he got a gun, it's very dark street. Nobody there. And there's another car pulled behind us, I don't know what's either.
MR. MELLIN: All right. So you get out of the driver's seat and you run around the front of your SUV to the other side. Is that right?
MR. MELLIN: Okay. What happens while you're doing that?
DUN MENG: While I was sitting in the front passenger seat, he opened the trunk of my car and I saw another person get out from the sedan right behind us.
MR. MELLIN: Let me stop you there. You said he opened the trunk of your car. It's an SUV, so it's really kind of a hatchback that opens up. Is that right?
MR. MELLIN: Okay. You're now in the front passenger seat or you're about to get into it. Which one? Are you already in the seat?
MR. MELLIN: Okay. What happens to the person that was in the sedan?
DUN MENG: He get off the sedan and walk to my car and they had some -- a little bit of conversation.
MR. MELLIN: You said they had a conversation. So how many people are now in the back of your car near the hatchback?
MR. MELLIN: Okay. The conversation that's being had, is that in English or some other language?
MR. MELLIN: After the conversation between those two individuals, what happened?
DUN MENG: I heard, and it feels like they are moving something from the sedan into the Mercedes SUV.
MR. MELLIN: Could you tell what they were moving from the sedan into the SUV?
MR. MELLIN: Did you look back to see what it was?
MR. MELLIN: Why not?
DUN MENG: Because like I remember just a few minutes earlier he asked me do I remember his face, so I feel like he doesn't want me to recognize him, he don't like me to look at him, so I didn't.
MR. MELLIN: Okay. Approximately how many items did they load into your car?
MR. MELLIN: As you're sitting in that front passenger seat and this is going on, what did you notice? Did you ever look to the side? Did you look, you know, to one side or the other?
DUN MENG: I just look at what's in front of me. I trying to remember something, so I look at the car parked in front of my car and I look at another side street, look at those signs and I try to remember the name of the street.
MR. MELLIN: Why are you trying to remember the name of the street?
DUN MENG: I don't know. I just trying to -- maybe feels like maybe it will be useful later. It's just something come from the inside of me. I don't have any specific reason for that.
MR. MELLIN: After they loaded these unknown items into the back of the car, what happened?
DUN MENG: After the loading is finished, so the man who jumped into my car, he became the driver. He's sitting in the driver's seat. And another man sitting in the Mercedes, he sit in the backseat, right behind me.
MR. MELLIN: The other man who sat in the backseat behind you, do you see him in court today?
MR. MELLIN: Can you point him out for the record, please?
MR. MELLIN: Is he wearing a black coat?
MR. MELLIN: Your Honor, I would ask the record reflect the identification of the defendant.
THE COURT: All right.
BY MR. MELLIN:
MR. MELLIN: When the defendant climbed into the backseat behind you, did he say anything?
DUN MENG: He didn't speak to me, but maybe they had some talk, but I really don't remember very clearly about that.
MR. MELLIN: So after the defendant climbs into the back, the other individual climbs into the front, what happened?
DUN MENG: So he started to drive. I don't know in what direction to. He made a lot of turns. Like driving in, I think it's Watertown. Like about ten minutes later he pulled over to a -- right in front of a bank, ATM. And one of the guy -- one of the men just get out of the car and took my bank card and went to the ATM.
MR. MELLIN: Let me slow that down just a little bit. Now, subsequently did you learn the identity of the man who is now driving your car?
MR. MELLIN: Were you able to identify later on the name and the picture of the individual that was driving your car?
MR. MELLIN: And was that Tamerlan Tsarnaev?
MR. MELLIN: All right. So as the defendant's brother drove the car to the Bank of America ATM, what happened?
DUN MENG: So the man sit in the backseat, he get out of the car, and I remember he knock on the window, ask the PIN code again.
MR. MELLIN: Let me stop you there again. You say -- again, this is the defendant that we're talking about that knocks on the window?
MR. MELLIN: He knocks on which window?
MR. MELLIN: Okay. You were sitting in the front passenger seat, correct?
MR. MELLIN: So does he ask you for the PIN number?
MR. MELLIN: Okay. So he asked for the PIN number; you answer and tell him what the PIN is, correct?
MR. MELLIN: Okay. And then what happened?
DUN MENG: So he went into the ATM store, and I was staying in the car with the man from the -- the first man whose name was Tamerlan, you just told me.
MR. MELLIN: Before the defendant walked in to the ATM machine, do you recall any conversation between the defendant and his brother about how much money to withdraw?
MR. MELLIN: Okay. Did the man driving the car ever tell the defendant the exact amount of money to take out?
MR. MELLIN: So as the defendant was at the ATM machine and the -- his brother was in the front driver's seat, what were you thinking?
DUN MENG: I was thinking maybe this is chance for me to run because they told me they both have guns and I think I have no chance if both of them are in the car.
MR. MELLIN: Now, when did they tell you that they both had guns?
DUN MENG: I think it's after the -- some point -- I don't know if it was that time, but at some point both of them were in the car.
MR. MELLIN: So when you were driving when they were both in the car, about how much time elapses between the time when they both climb into the car and you get to the Bank of America ATM? Do you follow me? How long was the trip from when they both got into the car until you got to the ATM?
MR. MELLIN: Okay. And so it's during this ten or 15 minutes that they both tell you that they have guns?
MR. BRUCK: I object to "they told." If the government would ask the witness to indicate who told.
THE COURT: If you can.
MR. MELLIN: Your Honor, I'm going with what the witness said. He used the term "they."
BY MR. MELLIN:
MR. MELLIN: When you said they told you, did they both tell you or did one tell you?
MR. MELLIN: Okay. So the man in the driver's seat tells you they both have guns, right?
MR. MELLIN: Does the man sitting behind you at any time say, "I don't have a gun"?
MR. MELLIN: Your Honor, if I may approach?
THE COURT: All right.
MR. MELLIN: I'm going to show the witness what has been marked as Government's Exhibit No. 755.
THE COURT: Is that 75-5?
MR. MELLIN: I'm sorry, your Honor. 755.
BY MR. MELLIN:
MR. MELLIN: Mr. Meng, do you recognize what is inside the envelope in Government's Exhibit 755?
MR. MELLIN: Okay. And whose bank card is that?
MR. MELLIN: And is that the bank card that the defendant used to withdraw cash from the ATM out of your account?
MR. MELLIN: Did you have another bank card?
MR. MELLIN: Okay. Was that the one, though, that was taken from you?
MR. MELLIN: Which is a different one?
DUN MENG: I got a couple of others, but different color. I know this one, I put my picture on it. I only put this one with my picture on it.
MR. MELLIN: Okay.
MR. MELLIN: Your Honor, at this time I would move into evidence Exhibit 755.
MR. BRUCK: No objection.
THE COURT: All right.
(Government Exhibit No. 755 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Mr. Meng, when the defendant went in to the ATM, did he come back with money that he showed you?
MR. MELLIN: Did he at any time tell you how much money he had taken out of your account?
MR. MELLIN: Did he at any time tell his brother, the driver, how much money he had taken out of the account?
MR. MELLIN: The conversation in a language you didn't understand, when did that occur?
DUN MENG: I think the first time after the defendant was in the car and they have some talk. They had a few talks. I don't remember every time the talk happened. But every time when they talk to each other, they speak in a different language. When they speak to me, we talk in English.
MR. MELLIN: What happened as you left the Bank of America ATM?
DUN MENG: After we left Bank of America ATM? Okay. After the bank ATM, Tamerlan continued driving. I think he was driving further from the city we were in. He was driving towards Waltham, the direction.
MR. MELLIN: He's driving toward Allston?
MR. MELLIN: Waltham?
MR. MELLIN: I'm sorry. Waltham.
DUN MENG: So he continued driving, and at some point he ask me, "How many gas left in your car?" I said, "Only a quarter." And he asked, "How long that amount of gas can drive; how far?" I answered, "I don't know. Maybe 50 miles." So we continued driving.
MR. MELLIN: Continued driving towards Waltham now?
DUN MENG: Yeah, towards Waltham. And I -- I remember we passed a police station, and after a few miles he made a U-turn, like driving back.
MR. MELLIN: Driving back to the same direction you had just come?
MR. MELLIN: Okay. What happened after he did the U-turn?
DUN MENG: After the U-turn, I think a conversation happened. He asked me -- I'm not sure it happened at that point or maybe a few minutes later. He asked me, "Can your car go out of state?" I was -- I didn't get the question on the first time because I didn't want to have a conversation with him so I answered, "I'm sorry. What did you ask?" And he asked me, "Can your car go out of state, like to New York?" I said, "Yes, my car can go out of state and I have drived to New York a few times."
MR. MELLIN: When he asked if this car could go out of state and you said New York, what happened after that?
MR. MELLIN: You told him no, you don't have GPS?
MR. MELLIN: Is that true?
MR. MELLIN: Why didn't you tell him the truth and tell him that you had GPS?
DUN MENG: Because another time I was thinking -- because I have really good GPS in the car, you can find anything, like gas station, hotels, everything on the map. So because I know they told me -- they ask about -- mention about New York, so I know they are going somewhere further. I'm thinking maybe they're looking for something. If they find out there's GPS in the car, then they can go to anyplace they want to go.
MR. MELLIN: Were you worried at that point they're not going to need you at all?
DUN MENG: Yeah, I worried about that. And the defendant at that time also asked him -- I think that's the first time he was talking to me, he asked me, "Can you connect your car -- connect an iPhone in your car? Can I play music in your car?" And I said yes.
MR. MELLIN: After that discussion, what happened?
DUN MENG: After that discussion we pulled over to a gas station on that street. And so they pulled over to the gas station. So the defendant get out of the car and try to pump -- put some gas into the car. And he asked me which one is my credit card.
MR. MELLIN: Who asked you which one is your credit card?
MR. MELLIN: At that point does he have your wallet?
MR. MELLIN: What did you say?
DUN MENG: I told him the ZIP code. Oh, he asked me -- I told him which one is my credit card. And then he asked me the ZIP code, so I told him the ZIP code.
MR. MELLIN: Which one was your credit card?
MR. MELLIN: Okay. What happened after you told the defendant your ZIP code?
DUN MENG: So he took the card to the pump station, trying to add some gas, and he spend about two or three minutes there, and then he came back and sit in the car and he talk to Tamerlan. I don't know what they're talking about.
MR. MELLIN: Again, when they talked, did they talk in some other language?
MR. MELLIN: How would you describe the tone of that conversation? Were they screaming and yelling back and forth or just a normal conversation?
MR. MELLIN: So the defendant was not yelling at Tamerlan; Tamerlan's not yelling at the defendant?
MR. MELLIN: Okay. All right. So after this conversation between the two of them, what happened?
DUN MENG: They continued driving -- continued driving. Tamerlan was -- asked me how to play the radios. He turned on the radios in the car.
MR. MELLIN: Let me stop you there. When you were at this gas station, do you know if any gas was actually put into your SUV at this gas station?
DUN MENG: I think -- I think they didn't put any gas into the car because at the gas station the lights were off. Nobody was there. It looks like it was closed. But they didn't tell me. But after the gas station they didn't -- they drive back to the ATM direction where we originally drive from, so I saw that they didn't get gas at this gas station.
MR. MELLIN: How did you see that they didn't get gas?
DUN MENG: Because they talk about -- I think in two sense: They didn't spend enough time at the gas station to pour the gas. That's the first answer. The second reason is I heard they talk about New York. So if they go to New York, it would go to waste. They want to go back to the direction they came from. That's what I was thinking.
MR. MELLIN: All right. So when you left this gas station you were headed east, back towards Boston and not towards New York?
MR. MELLIN: All right. So what happened after that?
DUN MENG: After that he drive back to the first place we stopped in Watertown, the street in front of the house, and he stop at the house again. In front of the house again.
MR. MELLIN: All right. Now, let me just stop you there. "He" being Tamerlan Tsarnaev?
MR. MELLIN: So he drives back to the same location where the green sedan was located?
MR. MELLIN: All right.
DUN MENG: I think the defendant today, he got out of the car and grab something from the sedan again and get back in the car very quickly.
MR. MELLIN: Do you know what the defendant grabbed out of the green sedan?
DUN MENG: I don't know at that point, but I think later on I think it's -- it was something like a CD or something.
MR. MELLIN: Okay. Why do you say you think he grabbed a CD?
DUN MENG: Because later on they put a CD into my car to play music. Very different music. A style I never heard of before.
MR. MELLIN: How would you describe that kind of music?
MR. MELLIN: It sounds very religious?
MR. MELLIN: How did that make you feel when that music was being played in your car?
MR. MELLIN: After the defendant got out of the car, got something from the other car, got back into your car in the back, was he again right behind you?
MR. MELLIN: Okay. What happened at that time?
DUN MENG: After that Tamerlan start driving again. I don't know where he's heading to but he made a right turn into a very small, dark street. It's a dead-end street. And he stop there for four, five seconds, didn't do anything. I don't know what -- I thought at the point maybe he will kill me at that place. But fortunately he didn't, and he made a U-turn again and drive out of that dead-end, go back to the street.
MR. MELLIN: After you pulled out of that dead-end, where did he go?
DUN MENG: He went down the street. I don't remember the name of the street but it's not -- heading toward the ATM direction we went to before. And it looks like he's heading to -- towards Boston direction.
MR. MELLIN: So now we're back -- essentially driving east towards Boston again?
MR. MELLIN: Okay. And what happens?
DUN MENG: At some point we were -- the three of us were in the car and my roommate called in. First time she called in, we missed that call. And Tamerlan was asking me, "Who is calling you?"
MR. MELLIN: Let me stop you there. So when you say that your roommate's calling you, is it an actual cell phone call as opposed to like a text message?
MR. MELLIN: Okay. Do you have the ringer on or off?
DUN MENG: It's on because it's connected to my car. So when a call is in the car, the whole car can hear that, and that the call is coming in.
MR. MELLIN: Okay. So when you had this first call, what did Tamerlan say to you?
DUN MENG: He just -- first time he just ask me who is calling me. And after we talk about -- we were talking, and the time is up -- the time is up on the phone, we just missed the call. And a few, two -- a couple of minutes later I get a message from my roommate.
MR. MELLIN: Is this a text message or what is it?
MR. MELLIN: All right.
DUN MENG: So the text message was in Chinese. I remember it was about asking something, "Where are you? It's dangerous outside. Come home earlier" in Chinese.
MR. MELLIN: All right. So when you received the text message that it's dangerous outside, where are you --
MR. MELLIN: -- how do you respond, or what do you do?
DUN MENG: I didn't respond to the text message, to her immediately. Tamerlan look at the message. He doesn't know Mandarin. So he asked me, "What's the text message?" So I told him my roommate's just asking me where I am and she said it's dangerous outside, the truth translation of the text message. Then he asked me how to spell "no" in Chinese.
MR. MELLIN: How to spell what?
MR. MELLIN: N-O?
MR. MELLIN: Yes.
DUN MENG: So I tell him how to spell "no" in Chinese. And later he asked me where is a dictionary. "A dictionary application in your phone?" So I give him English-to-Mandarin dictionary.
MR. MELLIN: On your phone?
MR. MELLIN: Okay. So he's doing this while he's driving the car, at the same time?
DUN MENG: I think we stopped for a while, stopped for a couple of minutes at that time because we were driving on the -- no car was on the street. Nobody was on the street. So he stopped for a while to try to find the dictionary out. And he typed "no" in the dictionary and he got the translation from the Mandarin, just one word, texted back it my roommate.
MR. MELLIN: At that time where is the gun, do you know?
DUN MENG: At that time I don't know where the gun -- I think it was in the driver door side in the pocket. But what happened next, I think I know the gun.
MR. MELLIN: Right. But as you pulled over and he was checking how to spell "no" in Mandarin, why did you not run at that point?
DUN MENG: I didn't think about running at that time because he had -- both of them have guns. And not just him, but other -- the defendant today was sitting right behind me. And nobody was on the street. I have no place to run. And they can drive. They have car.
MR. MELLIN: When you stopped on the road and he was checking the text message for the translation, did the defendant ever get out of the car?
MR. MELLIN: Did he ever run away?
MR. MELLIN: Okay. What happened?
DUN MENG: So after he text back the message, later on, I think just very shortly, one minute later, another roommate who is boyfriend of the -- the roommate who text me, so he called me again.
MR. MELLIN: Now, this other roommate that is contacting you, he's calling you?
MR. MELLIN: Okay.
DUN MENG: And this time because of the -- after he call me, this time Tamerlan became a little bit nervous. Anxious, it looks like. He asked me, "Who is calling you again?" I said, "My roommate." And I become a little nervous too. I said, "If you don't want to answer -- you don't want me to answer the phone, I won't answer the phone. I won't say anything." But he said -- he took the gun, again point it to me, he said, "You have to answer the phone."
MR. MELLIN: So now the driver, Tamerlan, pulls out the gun again, his gun again, and points it at you?
MR. MELLIN: Where does he point it?
DUN MENG: He point to me. I said, "If you don't want me to answer phone, I won't." He said, "No, you have to answer the phone."
MR. MELLIN: Where is the gun pointed? At you?
DUN MENG: At me. At my head. And he said, "You have to answer the phone, but if you say any single word in Chinese, I will kill you right now."
MR. MELLIN: He told you that if you said anything in Chinese on the phone, he would kill you right now?
MR. MELLIN: What did you do?
DUN MENG: When we were having that conversation, we missed the call again. But the roommate call right back again. So he point a gun to me, and I said, "Okay. I will answer in English."
MR. MELLIN: Did he point the gun at you again?
DUN MENG: Still pointing to me. And I ask him, "What do you want me to say?" He said, "Just say you are sick. Just say you feel sick, you're staying at a friend's home tonight." So I pick up the phone and answer in English, which is unusual, it's weird because my roommates are Chinese too. We talk in Mandarin every day. We never speak English, not even on the phone. So I answer in English and I say, "I'm very sick. I'm going to stay at my friend's home tonight."
MR. MELLIN: What does your roommate say in response to that?
DUN MENG: He -- he sounds like little bit surprised. He said, "What?" in Chinese. "Why you speak English?" And I repeat, again, I say, "I'm sick. I stay at a friend's home tonight. And I've got to go right now. I talk to you later." Then he said, "Okay," and he hung up.
MR. MELLIN: After that phone call, what happened?
DUN MENG: After that phone call Tamerlan just feels little bit -- looks like he feels a little bit happier. He told me, "Good job, boy. Good job." So I feel relaxed too because I was nervous at a point. And then we continued driving. He continued driving, Tamerlan.
MR. MELLIN: Where did you go from there?
DUN MENG: I think he was driving back to -- he was driving back to Boston direction. Maybe it was Soldiers Field Road. At some point he looked at the other side of the street. He looked and he see some lights were on from a gas station. And he feel -- I remember he was excited at the moment. He said, "Yes." He said, "Yes" or something. He feels like excited.
MR. MELLIN: As you were on Soldiers Field Road, did you feel like you started to know that area a little bit better too?
DUN MENG: A little later on I feel better. After he made a right -- a left turn from the Soldiers Field Road to Cambridge, because after we went to Cambridge, I feel it's very familiar with that area.
MR. MELLIN: You said that Tamerlan Tsarnaev pointed the gun at you when these phone calls were coming in, correct?
MR. MELLIN: Did you ever see Tamerlan Tsarnaev point the gun at his brother?
MR. MELLIN: Did he ever threaten his brother during any of the time you were in that car?
MR. MELLIN: And did you ever see him yell at his brother?
MR. MELLIN: As you were now coming back into Cambridge, what happened?
DUN MENG: Now coming into Cambridge, he driving to a gas station. I remember it was a Shell Gas Station. So he pulled over into gas station.
MR. MELLIN: At that point had you been to that Shell Gas Station before?
DUN MENG: I never made it to the gas station. I never purchase gas from that gas station. But I drive past by that gas station multiple times.
MR. MELLIN: So you knew that location?
MR. MELLIN: As he pulled into that Shell Gas Station, what happened?
DUN MENG: After pulling into the gas station, the defendant today get out of the car again. He was -- he tried to buy the gas by using the credit card again. I remember he had a conversation with me -- the ZIP code again. He asked me what was the ZIP code again, so I told him the ZIP code. But a few seconds later he knocked on my window again and asked it -- told Tamerlan in English, he said, "Cash only." I remember Tamerlan asking me, "How much money you think you need to spend to fill the tank of your car?" I said, "I don't know, maybe 50, 60." And then Tamerlan told the defendant today to put $50 in for the gas. And he also said super. Super. The super grade. And so the defendant today, he went into the store to pay for the gas. Then I was with Tamerlan. Only two of us in the car.
MR. MELLIN: At that point, do you know where Tamerlan's gun was?
MR. MELLIN: And that's the same pocket where you had your wallet before?
MR. MELLIN: Okay. So with the gun in the pocket, what were you thinking?
DUN MENG: I was thinking about running away at that time because I think -- thought about running away in Watertown before. So I saw that they were heading to New York, maybe I don't have another chance, but right now they're adding gas. It may be my last chance. And I thought about the conditions for me to running away.
MR. MELLIN: And what conditions did you think about?
DUN MENG: I thought about the three conditions. First of all, if two of them or both are in the car, I have no chance to run; second of all, if I have to run away, I have to do a few things.
MR. MELLIN: What are the few things you'll do?
DUN MENG: First of all, I'm back in my seatbelt and the car door is locked. So if I have to open the door of the car on my side, I have to press the unlock button first. So that's the second thing. And then the third is I have to do -- I have to open the door with the handle, pull the handle and open the door and run away. So because at that point so I only have one person in the car and he was -- he didn't have the gun in his hand.
MR. MELLIN: What was he doing at that time?
MR. MELLIN: Was that your Garmin GPS?
MR. MELLIN: Do you know when they got that Garmin GPS out of their car?
DUN MENG: I'm not sure it's the first time the moving luggage or the second time when we go back to Watertown. I think -- I personally think it's the second time because I didn't see he was using the GPS the first time.
MR. MELLIN: As he's sitting in the front driver seat working with the GPS, what are you thinking?
DUN MENG: I think this is my best chance because only one of them be in the car and the door is -- the door of the car is unlocked. I only have to do two things, in my opinion: unbuckle my seatbelt, open the door and jump out.
MR. MELLIN: What did you do?
DUN MENG: So I count down in my mind 1, 2, 3, 4. So it's very tough decision for me at that moment.
MR. MELLIN: How are you feeling at that moment?
DUN MENG: Every time when I recall this, this was the most terrifying moment. It's most difficult decision in my life.
MR. MELLIN: Why do you say it's the most difficult decision of your life?
DUN MENG: Because I ask Tamerlan before when both of us in the car, I ask him, "Are you going to kill me tonight?" He told me that "I'm not going to kill you. Just relax, man." And "maybe we will drop you off at someplace very far away from any person, you have to walk about five or six miles to find any person." So I was struggling about should I trust him about that? Should I just follow his order and maybe he will release me later on, or should I take this chance by myself to run away? So, I mean, the decision -- I say the decision based on the two choice I think I have at that time.
MR. MELLIN: Right. What did you do?
DUN MENG: So I count down 1, 2, 3, 4, and I -- fortunately, I unbuckle my seatbelt and open the car door quickly successfully, jump out of the car, and I dashed into the street. I can feel he was trying to grab me.
MR. MELLIN: When you say you could feel he was trying to grab you, how could you feel he was trying to grab you?
DUN MENG: You could feel his hands were so close to my left hand. You can feel kind of like wind on my left hand and he was shouting. He was like saying some word.
MR. MELLIN: He was shouting at you?
MR. MELLIN: Okay. Do you know what word he was shouting?
(Laughter.)
MR. MELLIN: You've done it now.
(Laughter.)
MR. MELLIN: All right. When he said that, what did you do?
DUN MENG: I dash into the street. And I can see there is another gas station on our side of the street, so I run across the street. Fortunately, there's no car driving on the street at that time. So I can see the lights from that gas station was on, but I'm not sure the gas station is open or locked. So I was like praying, "Please open. Please somebody be there." So I got to the door of the gas station, I open the door, it opened. The attendant was there. I beg him to call 911. And he didn't get me at the first time. And I just say, "Please call 911. Please."
MR. MELLIN: When you told him to please call 911, did you stay at the front door? What did you do?
DUN MENG: Yeah, I stayed at the front door, but I tried to lower down my body so they cannot see me through the windows.
MR. MELLIN: Did you look back to see if they were following?
MR. MELLIN: Why not?
DUN MENG: I don't know. It just feels like I'm very terrified. It feels like -- I was very worried about them in front of me. I feel like if I don't look back there, then maybe they won't follow me, something like that. I didn't have too many reason in my mind after that time.
MR. MELLIN: When you asked for a 911 call to be made, was one made? Did the attendant call 911?
MR. MELLIN: And as he was calling 911, what did you do?
MR. MELLIN: All right. So did you go behind him into a storage room?
MR. MELLIN: Why did you do that?
DUN MENG: I'm worried about they were coming in front of me. I just want to hide. In case they came into the store, they cannot see me.
MR. MELLIN: They cannot what?
MR. MELLIN: As you were hiding in the back, do you know if there was a call that was placed to 911?
MR. MELLIN: At some point is the phone given to you?
MR. MELLIN: After the phone call is made, do the police arrive?
DUN MENG: Yeah. The police arrive quickly. When I was still talking on the phone, the attendant knock on the door of the storage room and told me that the police is here.
MR. MELLIN: Your Honor, if I could have the witness look at Exhibit 744, which I believe is already in evidence.
THE COURT: All right.
BY MR. MELLIN:
MR. MELLIN: Mr. Meng, do you recognize what Exhibit 744 is?
DUN MENG: I can say on the left side is a Shell Gas Station, on the right side is a Mobil gas station which I dash into.
MR. MELLIN: Right. So this is -- on the left side is the Shell that you were at, and you ran across the street to the Mobil on the right?
MR. MELLIN: And just if we could have 745 brought up, please, which I also believe is already in evidence.
MR. MELLIN: And do you recognize Exhibit 745?
MR. MELLIN: Okay. And what is that?
MR. MELLIN: Your Honor, this may be a good time to break just because I was going to play the video and audio attached.
THE COURT: Yes? Okay. So we'll take the lunch break, ladies and gentlemen, and resume at two o'clock.
COURT CLERK: All rise for the Court and the jury. The Court will take the lunch recess.
(The Court and jury exit the courtroom and there is a recess in the proceedings at 12:57 p.m.)
COURT CLERK: All rise for the Court and the jury.
(The Court and jury enter the courtroom at 2:06 p.m.)
COURT CLERK: Be seated.
THE COURT: Do we have the witness?
Go ahead, sir.
MR. MELLIN: Thank you, your Honor.
DUN MENG, resumed
DIRECT EXAMINATION CONTINUED BY MR. MELLIN:
MR. MELLIN: Good afternoon, Mr. Meng.
MR. MELLIN: And good afternoon, Miss Zhang.
INTERPRETER: Good afternoon.
MR. MELLIN: For the record, your Honor, Ms. Zhang is seated next to Mr. Meng to help with interpretations this afternoon as well.
BY MR. MELLIN:
MR. MELLIN: Mr. Meng, we stopped for the lunch break when you were looking at some photographs of both the Shell Gas Station and the Mobil Gas Station. Do you remember that?
MR. MELLIN: In addition to having a chance to view those before, did you also have a chance to watch the video from the Shell Gas Station and also the Mobil Gas Station?
MR. MELLIN: And are those fair and accurate videos of what you did that day?
MR. MELLIN: Okay. And in addition to that, have you had a chance to listen to the 911 call that was placed initially by the clerk in the Mobil Gas Station, but at some point you actually speak on it, correct?
MR. MELLIN: And have you had a chance to listen to that 911 call?
MR. MELLIN: And is it a fair and accurate recording of what was said that day?
MR. MELLIN: And, your Honor, for the record, I would seek to move into evidence Exhibit 752, which is actually a composite of the videos as well as the audio from the 911 call overlaid where it's appropriate.
THE COURT: Is there any objection?
MR. BRUCK: No.
THE COURT: All right.
(Government Exhibit No. 752 received into evidence.)
THE COURT: We don't have it.
(Pause.)
THE COURT: All right.
(Video recording played.)
MR. MELLIN: If we could pause it there for just one moment.
BY MR. MELLIN:
MR. MELLIN: Mr. Meng, did you see who just dashed out of the black SUV and onto the screen?
MR. MELLIN: All right.
(Video recording played.)
MR. MELLIN: If we could pause it there for one minute.
MR. MELLIN: Mr. Meng, in the video right now that is playing, you are inside the Mobil Gas Station. Is that right?
MR. MELLIN: What is it you're telling the clerk behind the counter?
DUN MENG: I think I was telling him that someone has guns, want to kill me. Please call 911 right now, please.
MR. MELLIN: Continue, please.
(Video recording played.)
MR. MELLIN: Could you pause it, please?
MR. MELLIN: Again, Mr. Meng, that portion of the video, you are still at the counter talking to the man behind the counter. Is that right?
MR. MELLIN: And at some point you actually get down somewhat on your knees and put your hands up as if to pray. Is that right?
DUN MENG: I'm trying to tell him, trying to say, "Please, please call 911," because in the first couple of minutes, first few seconds, he didn't make the call. So I wanted him to make the call right now, immediately.
MR. MELLIN: And just before that you actually turned towards the door and kind of put your hands up on the inside of the door to the Mobil. Do you remember that portion of the video?
MR. MELLIN: And what were you trying to do there?
DUN MENG: I was trying to ask him, "Can you please lock the door?" And I don't know how to lock it, but I try -- I'm afraid they were following me.
MR. MELLIN: And so had you attempted to lock the door?
MR. MELLIN: If we could continue, Mr. Bruemmer. Thank you.
(Video recording played.)
MR. MELLIN: You could stop it right there, please.
MR. MELLIN: Now, Mr. Meng, if you can describe, what were you doing right there as you went around the back of the counter?
DUN MENG: So I was -- I was trying to go inside, trying to -- because I'm really worried they will follow me. So I was trying to find a place to hide. And the attendant, he was trying to maybe stop me. He said, "Sir, you cannot go in there." But I was very scared. So I just go inside and I find a storage room on the right side, so I went into a storage room.
MR. MELLIN: Okay. So now as we look at the screen in this video, you're moving off to the right behind the rack of items for sale, correct?
MR. MELLIN: So what is it that is behind that wall?
MR. MELLIN: Thank you.
(Audio and video recording played.)
MR. MELLIN: Mr. Meng, now at the start of that audio, it's the voice of the attendant, correct?
MR. MELLIN: Now, towards the latter portion of that, who is speaking?
MR. MELLIN: So he hands you the phone and now you're on the phone?
MR. MELLIN: Okay. Now, right where we cut off, what did you just tell the person on 911?
DUN MENG: That it is hard to understand better. I was saying that they told me they did the explosion, the marathon explosion.
MR. MELLIN: So you had said that they did the marathon explosion?
MR. MELLIN: Okay. If we could play...
(Audio and video recording played.)
MR. MELLIN: Now, Mr. Meng, what were you trying to -- or you indicated that you were trying to explain what they looked like, correct?
MR. MELLIN: And what were you trying to say there?
MR. MELLIN: Okay. That they looked Middle Eastern. Is that what you were trying to say?
MR. MELLIN: Okay.
(Audio and video recording played.)
MR. MELLIN: If you could stop it there, please.
MR. MELLIN: Now, Mr. Meng, on the video that we're looking at, you have just walked out from the storage room back in behind the clerk's counter, correct?
MR. MELLIN: Okay. And there's a police officer now who has arrived on the scene?
MR. MELLIN: All right. If we could roll it, thanks.
(Video recording played.)
MR. MELLIN: And now as we're watching the video, and the video just ended, you were speaking to the police officer. Is that right?
MR. MELLIN: And what did you talk to him about?
DUN MENG: I -- the first police officer, I think I remember the first time I told him that -- the others -- told me the others are suspect of the Boston Marathon bombing. And then I say to them maybe it's in the other gas station right across the street. And I said to the police station -- the police officer that they have my cell phone in the car already still and that my car has a GPS tracking system. They can track -- so they can track the location of the car if they want.
MR. MELLIN: Okay. Now, why did you tell the police that your phone was still in the car?
DUN MENG: I really feel unsafe. I feel they come back, to please find them and take care of this. So I tried to provide them with useful information so they could find them quickly.
MR. MELLIN: You told them there was a tracking device on the car, right?
MR. MELLIN: Do you know the name of that tracking system?
MR. MELLIN: So MB Brace. And so that is something that Mercedes has, and if you need to find the car, Mercedes is able to find where the car is located?
MR. MELLIN: So what happened after you told the officer that?
DUN MENG: After I told them that, the police officer called Mercedes and I give him -- I gave him my account information, like MB Brace account number, maybe password, I don't remember. But I remember I gave him the account number so they were able to find the car. And also I gave the police officer my bank account because they had my bank card number. So I told him they just withdraw some cash in the ATM machine, so...
MR. MELLIN: Mr. Meng, did you ever get your car back?
MR. MELLIN: When you were seated in the car when you were texting your friend back around 10:30 and then -- at night on April the 18th, do you remember what items you had in the car at that time?
DUN MENG: I only remember like I have my wallet, sunglass, small items in the car. I don't remember I have any other items in the car. Maybe water, a bottle of water.
MR. MELLIN: Did you ever put a Tupperware bomb in your car?
MR. MELLIN: Do you remember someone during the night bringing a CD into your car?
MR. MELLIN: Was that your CD?
MR. MELLIN: Mr. Meng, did you ever hit a human being or an animal with the front quarter-panel of your car?
MR. MELLIN: Did you ever cause any damage to the front left quarter-panel of your car?
MR. MELLIN: Did you ever leave any blood on the front left quarter-panel of your car?
MR. MELLIN: Prior to April the 18th at 10:30 p.m., had you ever had any bullet holes in that car?
MR. MELLIN: If I could pull up Exhibit 795 for the witness.
MR. MELLIN: Mr. Meng, do you see what is Exhibit 795?
MR. MELLIN: Do you recognize the vehicle in that photograph?
DUN MENG: The black Mercedes looks like the type of my car, but the condition is totally different.
MR. MELLIN: Your Honor, I move into evidence Exhibit 795.
MR. BRUCK: No objection.
THE COURT: All right.
(Government Exhibit No. 795 received into evidence.)
MR. MELLIN: Ask to publish.
BY MR. MELLIN:
MR. MELLIN: Mr. Meng, as you look at the photograph of the black Mercedes in 795, do you see all of that damage to the front quarter-panel?
MR. MELLIN: Do you know how that happened?
MR. MELLIN: You'll also see in this photograph what I've just enlarged?
MR. MELLIN: And I just enlarged the front driver's door, correct?
MR. MELLIN: And do you see these bullet holes in the front driver's door?
MR. MELLIN: Was that ever in that car before April 18th at 10:30 p.m.?
MR. MELLIN: Thank you.
MR. MELLIN: If we could pull up Exhibit 796 just for the witness, please.
MR. MELLIN: Mr. Meng, do you see the photograph which is 796?
MR. MELLIN: And can you describe what that is?
MR. MELLIN: Okay. Now you're able to say that's your car based on the tag on the car. Is that right?
MR. MELLIN: Your Honor, I move into evidence Exhibit 796 and ask to publish.
MR. BRUCK: No objection.
(Government Exhibit No. 796 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Mr. Meng, prior to April 18th, was your back window shot out or damaged?
MR. MELLIN: During the time that you were riding around in the car in the front passenger seat, was that back window shot out or damaged?
MR. MELLIN: And I just enlarged a portion of that photograph showing the back window, also the Mercedes symbol, and then to the right of that is another bullet hole. Do you see that?
MR. MELLIN: Was that in your car at any time prior to April 18, 2013, at 10 p.m.?
MR. MELLIN: Finally, if I could pull up 797, please, for the witness.
MR. MELLIN: Do you recognize what is 797, Mr. Meng?
MR. MELLIN: Is that a picture of the VIN number, of the vehicle identification number, on the Mercedes?
MR. MELLIN: Your Honor, if I may move Exhibit 797 into evidence.
MR. BRUCK: No objection.
(Government Exhibit No. 797 received into evidence.)
MR. MELLIN: I'd ask to publish that alongside Exhibit 754, which is the lease agreement.
BY MR. MELLIN:
MR. MELLIN: And, Mr. Meng, now in front of you on the screen is Exhibit 797 with the VIN number from the Mercedes and the lease agreement which is 754. Do you see that?
MR. MELLIN: And do they have a matching vehicle identification number?
MR. MELLIN: Thank you.
MR. MELLIN: Thank you, your Honor. Nothing further.
THE COURT: Mr. Bruck?
CROSS-EXAMINATION BY MR. BRUCK:
MR. BRUCK: Good afternoon, Mr. Meng.
MR. BRUCK: My name is David Bruck, and I'm one of Jahar Tsarnaev's lawyers.
MR. BRUCK: And do you mind if I ask you just a few questions?
MR. BRUCK: I'm sorry?
MR. BRUCK: Okay. I only have a few.
MR. BRUCK: The person who came up to your car that night when you were parked, typing on your phone, that person was Tamerlan, correct?
MR. BRUCK: And Tamerlan was the person who opened your door and got in the car, correct?
MR. BRUCK: And pointed a gun at you and robbed you?
MR. BRUCK: Tamerlan is the person who pointed a gun at you and robbed you that night in the car?
MR. BRUCK: And threatened to kill you?
MR. BRUCK: Okay. And the first time you had ever seen Tamerlan was when he tapped on your window, correct?
MR. BRUCK: And even when he did that, you didn't yet think anything was necessarily the matter, correct, that he was going to harm you?
MR. BRUCK: You thought maybe he was going to ask you for directions?
MR. BRUCK: And that's why you lowered your window?
MR. BRUCK: After Tamerlan got in the car and took your money and pointed the gun and made you drive, did there come a time when he made a cell phone call while you were driving?
MR. BRUCK: Okay. Mr. Mellin asked you a series of questions about Tamerlan's gun. Did you ever see any other gun that night?
MR. BRUCK: So Tamerlan's gun was the only gun you saw?
MR. BRUCK: And I think you said that the first thing that Jahar ever said to you was to ask you if the stereo system -- or if the sound system on your car would work with the iPhone -- with an iPhone, correct?
DUN MENG: Yeah. According to my memory, he was asking me can I -- in my car, can I accommodate somebody's iPhone to the car to play music.
MR. BRUCK: To play music.
MR. BRUCK: And before that Jahar hadn't said anything to you, correct?
MR. BRUCK: I think that's all. I just have to check. Can you bear with me a moment? I'm going to ask...
(Counsel confer off the record.)
MR. BRUCK: Mr. Meng, thank you so much. That's all I have.
MR. MELLIN: Your Honor, briefly, redirect?
THE COURT: Briefly.
REDIRECT EXAMINATION BY MR. MELLIN:
MR. MELLIN: Mr. Meng, who was the person that loaded items into your car when you stopped and the green sedan pulled up?
DUN MENG: I didn't look back, but I can say both of them -- they were talking, and the both of them, I feel like two person moving something, not just one single person.
MR. MELLIN: Who is the person who got out of the green sedan and got into the car behind you at that time?
MR. MELLIN: Who is the person who asked for a PIN number when you pulled up to the Bank of America ATM?
MR. MELLIN: Who is the person who walked into the ATM and withdrew money from your account?
MR. BRUCK: I object. This is beyond the scope.
THE COURT: Overruled.
You may have it.
BY MR. MELLIN:
MR. MELLIN: Who was the person who got out of your car twice to fill it up with gas?
MR. BRUCK: Objection. Leading.
THE COURT: No, overruled.
BY MR. MELLIN:
MR. MELLIN: Did the defendant ever tell you he did not have a gun?
MR. MELLIN: Thank you.
THE COURT: Anything else?
MR. BRUCK: No, sir.
THE COURT: All right, Mr. Meng. Thank you. You may step down.
(The witness is excused.)
MS. PELLEGRINI: The United States calls William O'Keefe.