Day 34 - March 17, 2015

Counsel discussed offense elements, possible separate verdict findings, and whether charges involving the same bomb were duplicative. The Court did not resolve those questions or approve instructions or a verdict form. Defense counsel raised witness and exhibit notice concerns. The Court declined a generalized objection to defense exhibits on cross-examination, leaving specific foundation questions open. It allowed context for Stephen Silva's anticipated gun testimony but required personal knowledge and relevance for testimony about the brothers' relationship and excluded mitigation evidence. David Henneberry described checking his backyard boat after the shelter-in-place restriction ended on April 19, 2013. He saw blood and a motionless person beyond the engine, then called 9-1-1. He said the blood and writing were absent when he stored the boat. On cross-examination, he distinguished recognizing photographs from personally inspecting the boat afterward, which he had not been allowed to do. Silva testified that he lent Jahar Tsarnaev a Ruger P95 and ammunition around February 2013 and never received the gun back despite repeated requests. The gun was admitted into evidence. Cross-examination addressed his friendship with Jahar, lack of observed violence, prior false statements, and sentencing incentives. Silva admitted withholding his own robbery and lying to look good, but denied lying to obtain his deal. He acknowledged hoping for the best possible sentence and the prosecutor's discretion over a substantial-assistance motion. On redirect, he said truthful testimony offered his best sentencing chance and that the Court controlled his sentence. On recross, he said the government had not told him his admitted lies would cost him the agreement or a motion. The Court limited claims about Tamerlan's influence; Silva had never met him. FBI agent Michael Nealon identified carved wooden slats from the boat, which were admitted without objection, and read their inscription without identifying its author. On cross-examination, he described a bullet fragment embedded at least partially in the engine block but did not know whether it fully penetrated. He also qualified his knowledge of stain sampling and did not know the test results. FBI agent Jessica Ulmer described recovering two damaged phones and a debit card behind a neighboring shed. She described the phones' damage without identifying who caused it and explained that her team preserved the scene for daylight processing. On cross-examination, she said nighttime conditions made blood stains difficult to see and did not recall observing them. The Court released the jury early.