5.Stephen Silva — Direct (Part 1)
1,024 linesSTEPHEN SILVA, duly sworn
COURT CLERK: State your name, spell your last name for the record, keep your voice up and speak into the mic.
STEPHEN SILVA: My name is Stephen Silva, S-T-E-P-H-E-N S-I-L-V-A.
DIRECT EXAMINATION BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Good morning. Mr. Silva, how old are you?
STEPHEN SILVA: Twenty-one years of age.
MR. CHAKRAVARTY: Where were you born?
STEPHEN SILVA: Boston, Massachusetts.
MR. CHAKRAVARTY: Where did you grow up?
STEPHEN SILVA: Boston, Massachusetts, for about nine, ten years, then I moved to Cambridge.
MR. CHAKRAVARTY: Do you have family here?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Who did you grow up with?
STEPHEN SILVA: My mother, my sister, my twin brother and my older brother.
MR. CHAKRAVARTY: You say you have a twin brother?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What's his name?
STEPHEN SILVA: Steven Silva.
MR. CHAKRAVARTY: And is he an identical twin?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Where do you currently reside?
STEPHEN SILVA: I'm currently incarcerated.
MR. CHAKRAVARTY: For what?
STEPHEN SILVA: Gun possession and heroin charges, conspiracy, distribution.
MR. CHAKRAVARTY: How long have you been incarcerated?
STEPHEN SILVA: About eight months.
MR. CHAKRAVARTY: And what is the status of your criminal case?
STEPHEN SILVA: Pending.
MR. CHAKRAVARTY: Have you pleaded guilty?
STEPHEN SILVA: Yes, I have.
MR. CHAKRAVARTY: Have you come to a plea agreement with the government?
STEPHEN SILVA: Yes, I have.
MR. CHAKRAVARTY: And you've come before a judge in this court and you've pled guilty?
STEPHEN SILVA: Yes, I have.
MR. CHAKRAVARTY: I'd call up Exhibit 926 for the witness, please.
MR. CHAKRAVARTY: Do you recognize this?
STEPHEN SILVA: Yes, I do.
MR. CHAKRAVARTY: What is it?
STEPHEN SILVA: It's the plea agreement.
MR. CHAKRAVARTY: And could we go to the last page, Mr. Bruemmer.
MR. CHAKRAVARTY: Is this page 15 of that agreement?
STEPHEN SILVA: Yes, it is.
MR. CHAKRAVARTY: Do you see your signature on that?
STEPHEN SILVA: Yes, I do.
MR. CHAKRAVARTY: I'd move into evidence Exhibit 926.
MS. CONRAD: No objection.
THE COURT: All right.
(Government Exhibit No. 926 received into evidence.)
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Mr. Silva, can you explain in a sentence what you understand your obligation under this plea agreement to be?
STEPHEN SILVA: It is my understanding that if I cooperate and give truthful testimony, I stand a better chance at sentencing.
MR. CHAKRAVARTY: Who makes the decision on whether you get a better sentence?
STEPHEN SILVA: The judge and only the judge.
MR. CHAKRAVARTY: Now, after you were arrested for your criminal case, did you agree to talk to the government?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: Have you met with the prosecutors several times?
STEPHEN SILVA: Yes, I have.
MR. CHAKRAVARTY: Have you talked about your testimony in this case?
STEPHEN SILVA: Yes, I have.
MS. CONRAD: Objection to leading at this point, your Honor.
THE COURT: Go ahead.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Do you know Jahar Tsarnaev?
STEPHEN SILVA: Yes, I do.
MR. CHAKRAVARTY: Do you see him in the courtroom today?
STEPHEN SILVA: Yes, I do.
MR. CHAKRAVARTY: How do you know him?
STEPHEN SILVA: I was close friends with him. I recognize him.
MR. CHAKRAVARTY: Can you please point to him and identify him by something he's wearing?
STEPHEN SILVA: He's wearing a black sports jacket.
MR. CHAKRAVARTY: I'd ask the record reflect the witness has identified the defendant.
THE COURT: All right.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: You said you were friends with him. Where did you first meet him?
STEPHEN SILVA: Eighth grade.
MR. CHAKRAVARTY: Where was that?
STEPHEN SILVA: The Community Charter School of Cambridge.
MR. CHAKRAVARTY: And how often did you see him while you were in eighth grade?
STEPHEN SILVA: Every day.
MR. CHAKRAVARTY: And did that continue through high school?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did you graduate together?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: When was that?
STEPHEN SILVA: June 2011.
MR. CHAKRAVARTY: All right.
MR. CHAKRAVARTY: Can I call up Exhibit 1179?
MR. CHAKRAVARTY: What's that?
STEPHEN SILVA: That's a picture of me and Jahar before graduation.
MR. CHAKRAVARTY: That's how you appeared back in June of 2011?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Move into evidence 1179.
MS. CONRAD: No objection.
THE COURT: All right.
(Government Exhibit No. 1179 received into evidence.)
MR. CHAKRAVARTY: Ask to publish, your Honor.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: When you were in high school -- I'm sorry. I'll give it a second. When you were in high school, how often would you interact with the defendant?
STEPHEN SILVA: Every day usually.
MR. CHAKRAVARTY: And describe your relationship.
STEPHEN SILVA: We had a very close relationship. He was the person who I would consider, you know, one of my best friends back in the day.
MR. CHAKRAVARTY: Did you know him by any other names?
STEPHEN SILVA: I called him "Jizz."
MR. CHAKRAVARTY: How often would you see him after graduating?
STEPHEN SILVA: Pretty often.
MR. CHAKRAVARTY: Did you graduate together in June 2011?
STEPHEN SILVA: Yes, we did.
MR. CHAKRAVARTY: What did you do after high school?
STEPHEN SILVA: After high school I went to college down in Tampa, Florida.
MR. CHAKRAVARTY: And do you know where the defendant went to school?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Where did he go?
STEPHEN SILVA: UMass Dartmouth.
MR. CHAKRAVARTY: Did you stay in touch with him?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: How often?
STEPHEN SILVA: Pretty often.
MR. CHAKRAVARTY: How would you keep in touch with him?
STEPHEN SILVA: Text messages, phone calls, Facebook.
MR. CHAKRAVARTY: What kinds of things would you talk about with the defendant?
STEPHEN SILVA: You know, how college, first semester -- you know, girls, partying, you know, getting accustomed to being in college.
MR. CHAKRAVARTY: Where did your brother go to college?
STEPHEN SILVA: His first semester, freshman year he also attended UMass Dartmouth.
MR. CHAKRAVARTY: Was your brother close with the defendant as well?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: After you graduated high school, as you were going to college, what did you do for money?
STEPHEN SILVA: I was lifeguarding, I was also selling weed, marijuana.
MR. CHAKRAVARTY: When you say lifeguarding, was that at a pool?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Where was that?
STEPHEN SILVA: At one of the Harvard pools in Allston, Massachusetts.
MR. CHAKRAVARTY: And did the defendant at one point also do that?
STEPHEN SILVA: Yes, he did.
MR. CHAKRAVARTY: You said you were selling weed?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: You mean marijuana?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: When did you first start selling marijuana?
STEPHEN SILVA: About 16, 17, in high school.
MR. CHAKRAVARTY: How much marijuana were you selling after you graduated high school?
STEPHEN SILVA: After I graduated high school, selling about quarter pounds, half pounds.
MR. CHAKRAVARTY: Per week?
STEPHEN SILVA: Less than that. Maybe every two weeks, three weeks depending.
MR. CHAKRAVARTY: About how much money were you making from selling marijuana after high school?
STEPHEN SILVA: It depends. Anywhere between 500, a thousand dollars, maybe a little less, maybe a little more.
MR. CHAKRAVARTY: When you went down to Florida, where would you get your marijuana?
STEPHEN SILVA: I was getting it from local suppliers in the Tampa area.
MR. CHAKRAVARTY: At some point did you come back to Massachusetts?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: When was that?
STEPHEN SILVA: During the spring 2012, after my freshman year was over.
MR. CHAKRAVARTY: So in the spring of 2012, when you came back did you see the defendant then?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: And what would you do?
STEPHEN SILVA: Same things we always did: Hung out.
MR. CHAKRAVARTY: Describe for the jury what would happen when you guys would just hang out.
STEPHEN SILVA: He'd usually pick me up in his car, we'd hang out, smoke weed, listen to music, talk, go to the pool, maybe. Hang out. Sometimes he would take me to this reservoir spot near Swampscott, you know, jump off a cliff, hang out, drink. You know, normal teenager stuff.
MR. CHAKRAVARTY: Did you continue to sell drugs when you came back to marijuana -- excuse me -- back to Massachusetts?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Why did you go down to Florida and leave Massachusetts to go to college?
STEPHEN SILVA: I wanted to get out of Massachusetts for a little bit. I feel like I had spent my whole life in Mass., and I wanted to you know, experience something a little different, something I wasn't used to.
MR. CHAKRAVARTY: After your freshman year of college, did you go -- did you decide to stay in Massachusetts?
STEPHEN SILVA: After my freshman year I decided to stay in Massachusetts for a little bit. Yes, I did.
MR. CHAKRAVARTY: And did you continue to sell drugs up here?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Now, near the end of 2012 did you go back to Florida?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: Were you enrolled as a student?
STEPHEN SILVA: No, not at that time.
MR. CHAKRAVARTY: Why did you go back?
STEPHEN SILVA: Some things had came up around Boston. I just felt it necessary to get out of Boston for a little. So I thought I'd just take a little vacation and go back down to Florida.
MR. CHAKRAVARTY: What came up in Boston?
STEPHEN SILVA: Supposedly my mother told me the police came to my house looking for me, asking questions about something drug related. So I just decided it was best for me to leave the area for a little bit.
MR. CHAKRAVARTY: And what did you do when you got down to Florida?
STEPHEN SILVA: When I got down to Florida I just hung out at a friend's house and continued selling weed.
MR. CHAKRAVARTY: How long did you do that for?
STEPHEN SILVA: From about the middle of August until the end of November.
MR. CHAKRAVARTY: November 2012?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And then did you come back to Massachusetts?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: Where did you go?
STEPHEN SILVA: At that time I came back from Florida, my brother and friend had an apartment in Revere, Massachusetts.
MR. CHAKRAVARTY: And who is your friend?
STEPHEN SILVA: My friend Nicholas Silva.
MR. CHAKRAVARTY: So your brother Steven Silva and your friend Nicholas Silva --
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: -- were in an apartment together?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did you have a business relationship with them as well?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What was that business relationship?
STEPHEN SILVA: Just primarily selling marijuana.
MR. CHAKRAVARTY: Where were you getting your supply of marijuana from?
STEPHEN SILVA: A local supplier.
MR. CHAKRAVARTY: Did you repackage the marijuana?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: About how much money were you making per week when you came back?
STEPHEN SILVA: By the time I came back I was selling more quantity, so between a thousand and two thousand, give or take. Less maybe.
MR. CHAKRAVARTY: Did the defendant come to your apartment?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: How often?
STEPHEN SILVA: At least a few times a month.
MR. CHAKRAVARTY: How often would you communicate with the defendant around this time?
STEPHEN SILVA: Pretty often.
MR. CHAKRAVARTY: What does "pretty often" mean?
STEPHEN SILVA: At least a couple of times a week.
MR. CHAKRAVARTY: Can I ask you whether any of your business partners had ever been robbed?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Who?
STEPHEN SILVA: My twin brother.
MR. CHAKRAVARTY: Approximately when was that?
STEPHEN SILVA: About October 2012. October.
MR. CHAKRAVARTY: Was he robbed of money?
MR. CHAKRAVARTY: What was he robbed of?
STEPHEN SILVA: Marijuana, product.
MR. CHAKRAVARTY: About how much?
STEPHEN SILVA: About two pounds.
MR. CHAKRAVARTY: How much was that worth if you broke it up?
STEPHEN SILVA: Anywhere between six, ten thousand dollars.
MR. CHAKRAVARTY: Was being robbed a concern of yours?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And did the three of you who lived together have that concern?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did you ever have discussions about obtaining a gun?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: With who?
STEPHEN SILVA: My brother and my cousin, my friend Nick.
MR. CHAKRAVARTY: And what was that conversation?
STEPHEN SILVA: After my brother was robbed, we just started talking about maybe obtaining a gun, you know, for protection.
MR. CHAKRAVARTY: And near the end of 2012 did an opportunity arise to obtain --
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Explain that opportunity.
STEPHEN SILVA: Well, like I said, me and my brother and my friend had been talking about obtaining a gun, and around the same time a friend of mine from my neighborhood, he had asked me if I could do him a favor and hold down a firearm for him because he needed to get it out of his house.
MR. CHAKRAVARTY: What was his name?
STEPHEN SILVA: Howie.
MR. CHAKRAVARTY: And did you agree to take the gun?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did he get you the gun?
STEPHEN SILVA: Excuse me. Repeat that?
MR. CHAKRAVARTY: Did he get you the gun?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What kind of gun was it?
STEPHEN SILVA: It was a P95 Ruger.
MR. CHAKRAVARTY: After you got the gun, what did you do with it?
STEPHEN SILVA: I put it -- I stored it away in my apartment, in a ceiling panel.
MR. CHAKRAVARTY: Who else knew --
COURT REPORTER: I'm sorry, in your apartment in...
STEPHEN SILVA: In my apartment in Revere.
THE COURT: In a ceiling panel.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: The court reporter is taking down everything you're saying, so if you speak slowly, she'll get it.
STEPHEN SILVA: Okay.
MR. CHAKRAVARTY: The ceiling panel in your apartment in Revere, is that where you put the gun?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Who else knew about the gun?
STEPHEN SILVA: My twin, my friend and a few close associates.
MR. CHAKRAVARTY: And did you tell people?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Some of those close associates?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did you tell the defendant?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What was his reaction when you told him that you had a gun?
STEPHEN SILVA: It wasn't much of a reaction. He just acknowledged it.
MR. CHAKRAVARTY: When people -- some of your close associates came to the house, did you show them the gun?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did you ever take the gun out of the apartment?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What's the first time you remember taking the gun out of the apartment?
STEPHEN SILVA: I took the gun out of the apartment sometime in December to commit a robbery.
MR. CHAKRAVARTY: And who was with you?
STEPHEN SILVA: My friend Nicholas.
MR. CHAKRAVARTY: And how did you set up the robbery?
STEPHEN SILVA: Through a mutual friend.
MR. CHAKRAVARTY: And was this going to be a drug deal?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And where was the robbery going to occur?
STEPHEN SILVA: Cambridge.
MR. CHAKRAVARTY: And did you go to Cambridge?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Who did you go with?
STEPHEN SILVA: I went with my friend Nicholas.
MR. CHAKRAVARTY: Who had the gun?
STEPHEN SILVA: Me and Nicholas.
MR. CHAKRAVARTY: When you got there, did you meet with two individuals?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: Was it in their car?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Explain what happened.
STEPHEN SILVA: Me and Nicholas got into the car. We were in the backseat, there were two individuals in the front passenger seat. We had talked very shortly, for a couple of minutes. We had asked to see the money, they had asked to see the marijuana. When the person in the passenger seat passed me the money I put it in my pocket, and then Nicholas reached into a bag, pulled out the gun, cocked back the slide, and then that was pretty much it.
MR. CHAKRAVARTY: What was the reaction of the two individuals?
STEPHEN SILVA: They were in a state of panic and shock.
MR. CHAKRAVARTY: Did they leave?
STEPHEN SILVA: We left the car after we had the money and then they eventually, I assume, drove back home.
MR. CHAKRAVARTY: Did you tell other people what happened?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And before that incident, had you ever handled a gun before?
STEPHEN SILVA: A little bit, yes.
MR. CHAKRAVARTY: So had you handled a gun besides this gun?
MR. CHAKRAVARTY: Did you tell the defendant about the robbery?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What was his reaction?
STEPHEN SILVA: He laughed.
MR. CHAKRAVARTY: Did you take the gun out of your residence again?
STEPHEN SILVA: Yes, one more time.
MR. CHAKRAVARTY: When was that?
STEPHEN SILVA: New Year's Eve 2012.
MR. CHAKRAVARTY: And where did you take it?
STEPHEN SILVA: To a friend's apartment in Medford, Massachusetts.
MR. CHAKRAVARTY: What was happening there?
STEPHEN SILVA: Nothing. We were just throwing a New Year's Eve party.
MR. CHAKRAVARTY: Why did you take it there?
STEPHEN SILVA: I was just being stupid. I wanted to show it off.
MR. CHAKRAVARTY: And did you?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did the defendant come to that house?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did you bring it back ultimately to your apartment at some point?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: You say you did. Who else knew about the gun?
STEPHEN SILVA: Me, my twin brother, the defendant and a few close associates.
MR. CHAKRAVARTY: And how about Nicholas?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Now, after that early January trip with the gun, did you talk to the defendant again about the gun?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: About when was that?
STEPHEN SILVA: Sometime in January.
MR. CHAKRAVARTY: How did you have that conversation?
STEPHEN SILVA: It started over the phone and then talked about it with him in person.
MR. CHAKRAVARTY: When you talked to him about the gun, did he ask you for anything?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What did he ask you for?
STEPHEN SILVA: He asked me to potentially borrow the gun.
MR. CHAKRAVARTY: Why did he ask you to borrow the gun?
MS. CONRAD: Objection to that in that form.
THE COURT: Sustained to the form of the question.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: For what purpose did he ask for the gun?
MS. CONRAD: Objection. Same objection.
THE COURT: Yeah, rephrase it.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Did he tell you why he needed the gun?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What did he tell you?
STEPHEN SILVA: He said he wanted to rip some kids from URI.
MR. CHAKRAVARTY: When you say "rip," what does that mean?
STEPHEN SILVA: Rob.
MR. CHAKRAVARTY: Is that what you did with Nicholas a few months earlier?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did he make arrangements to come by your apartment?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Approximately when did he come by your apartment?
STEPHEN SILVA: Within the next couple of weeks after we started talking about the gun.
MR. CHAKRAVARTY: And was he regularly coming to your apartment around this time?
STEPHEN SILVA: Yes, about a few times a month when he could.
MR. CHAKRAVARTY: And did he actually come to talk about the gun?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Was he with anyone?
STEPHEN SILVA: Yes, he was.
MR. CHAKRAVARTY: Who was he with?
STEPHEN SILVA: Dias. I can't pronounce his last name.
MR. CHAKRAVARTY: Is it Dias Kadyrbayev?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Was he a friend of the defendant's?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did you know him as well?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: Where did you know him from?
STEPHEN SILVA: He was a good friend of my brother and the defendant's from UMass Dartmouth.
MR. CHAKRAVARTY: Who else was there?
STEPHEN SILVA: Nicholas, my twin brother, and my friend Abdul.
MR. CHAKRAVARTY: And what did you guys do?
STEPHEN SILVA: We just hung out, chilled, smoked weed. Same thing we usually do.
MR. CHAKRAVARTY: At some point did the conversation turn to the gun?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What did you do?
STEPHEN SILVA: I took the gun out the ceiling panel and showed it to the defendant and Dias.
MR. CHAKRAVARTY: What was the gun stored in?
STEPHEN SILVA: It was stored in a sock.
MR. CHAKRAVARTY: Just a regular tube sock?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did you hand the defendant the gun?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What did he do with it?
STEPHEN SILVA: Handled it, acknowledged it, tried to pass it to Dias. Dias didn't want to touch it. And he gave it back to me and I put it away.
MR. CHAKRAVARTY: Did you talk about ammunition?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did you have ammunition?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Where was that?
STEPHEN SILVA: It was in another sock inside the ceiling panel.
MR. CHAKRAVARTY: Did you show him that?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: About how much ammunition did you have?
STEPHEN SILVA: About ten rounds.
MR. CHAKRAVARTY: Is ten rounds ten bullets?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Was there a magazine as well?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did the defendant say anything when you handed him the gun or the ammunition?
STEPHEN SILVA: He just took the gun, looked at it, acknowledged it, didn't really say much.
MR. CHAKRAVARTY: Describe the gun.
STEPHEN SILVA: The gun's black. It was kind of -- looked a little rusty. The top slat part had kind of like a little reddish-orange hue to it. The serial number was obliterated on a silver panel. And it said "P95" on the top slide, and it also says "Ruger" on the side of the gun.
MR. CHAKRAVARTY: Now, do you know much about guns?
STEPHEN SILVA: No, not really.
MR. CHAKRAVARTY: You said the serial number was obliterated. What does that mean?
STEPHEN SILVA: Scratched off, or made to appear so that you can't read it.
MR. CHAKRAVARTY: And have you pled guilty to possessing this gun with the obliterated serial number?
STEPHEN SILVA: Yes, I have.
MR. CHAKRAVARTY: Call up Exhibit 930 for the witness.
MR. CHAKRAVARTY: Do you recognize that?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What is it?
STEPHEN SILVA: That's the gun I possessed.
MR. CHAKRAVARTY: How do you recognize it?
STEPHEN SILVA: Because I've had it in my hands, I've seen it multiple times, I've dealt with it.
MR. CHAKRAVARTY: I'd ask that Exhibit 930 be introduced.
MS. CONRAD: No objection.
THE COURT: All right.
(Government Exhibit No. 930 received into evidence.)
THE COURT: Displayed?
MR. CHAKRAVARTY: Please.
I'd like to approach in the meantime.
MR. CHAKRAVARTY: Looking at this picture, Mr. Silva, can you describe some of the features you mentioned earlier? There's a screen on that you can touch, and if you put your finger on it, then it will put notes on the screen, so the jury can see what you're talking about.
STEPHEN SILVA: The serial number is obliterated. This is the silver panel. It says "Ruger" on the side of the gun. It has the reddish rust tint I referred to earlier. As you can see from the picture, it looks pretty rusty. There's a lot of color to the gun. "P95" around there. And that's about it.
MR. CHAKRAVARTY: May I approach, your Honor?
THE COURT: You may.
(Pause.)
MR. CHAKRAVARTY: For the record, your Honor, I have an item in my hand that has been rendered safe, and I want the witness to know that before I hand it to him.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Mr. Silva, do you recognize this item?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What do you recognize it to be?
STEPHEN SILVA: The gun I gave to the defendant.
MR. CHAKRAVARTY: How do you recognize it?
STEPHEN SILVA: From all the characteristics I've already explained, and the Ruger, that obliterated serial number, the reddish hue tint.
MR. CHAKRAVARTY: When did you give this gun to the defendant?
STEPHEN SILVA: About sometime in February 2012 -- 2013.
MR. CHAKRAVARTY: I move into evidence Exhibit 928.
MS. CONRAD: No objection.
THE COURT: All right. 928 is admitted.
(Government Exhibit No. 928 received into evidence.)
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Mr. Silva, after you had your conversation with the defendant and you showed him the gun, did he take it?
STEPHEN SILVA: Not at that specific time, no.
MR. CHAKRAVARTY: How long after you showed him the first time did he take it?
STEPHEN SILVA: Within a few weeks.
MR. CHAKRAVARTY: Did he tell you that he was going to come over to pick it up?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And why did he not pick it up on that day? What did he tell you about why he didn't pick it up on that day?
STEPHEN SILVA: Either he told me that he didn't want to drive back with that -- with that type of, you know, things on him. I think he already had marijuana or something on him; he didn't want to drive with all the hassle.
MR. CHAKRAVARTY: Were you expecting to get the gun back shortly after you gave it to him?
STEPHEN SILVA: Yes, I was.
MR. CHAKRAVARTY: And how long after you had given him the gun did you expect to get it back?
STEPHEN SILVA: Within a couple of weeks at most.
MR. CHAKRAVARTY: Let's talk a little bit more about the interaction where he actually picked up the gun. Did he come to your house?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And what happened?
STEPHEN SILVA: We hung out for a little bit, did the same things we usually do. At some point I gave the defendant the gun.
MR. CHAKRAVARTY: Did he ask for anything else?
STEPHEN SILVA: I gave him ammunition.
MR. CHAKRAVARTY: Did he use a particular phrase to ask for the ammunition?
STEPHEN SILVA: I remember him saying something like "food for the dog."
MR. CHAKRAVARTY: What did you take that to mean?
STEPHEN SILVA: Ammo, bullets.
MR. CHAKRAVARTY: How would you refer to the gun with the defendant?
STEPHEN SILVA: We would -- we wouldn't talk about it over the phone, you know, we wouldn't say "gun" or anything. We would refer to it in phrases that were less definite.
MR. CHAKRAVARTY: Was that just in case someone was listening?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: When you gave him the gun, was he alone or with anyone?
STEPHEN SILVA: No, he was alone.
MR. CHAKRAVARTY: Do you remember what car he was driving?
STEPHEN SILVA: I think it was a black Camaro.
MR. CHAKRAVARTY: And did you recognize that car?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Whose was it?
STEPHEN SILVA: It was a friend of the defendant's, some Indian kid from UMass Dartmouth.
MR. CHAKRAVARTY: Was that a car you had seen him driving before?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: After you gave him the gun, when's the next time you talked to him about the gun?
STEPHEN SILVA: Oh, a couple of weeks, three weeks after I gave it to him.
MR. CHAKRAVARTY: And why was that?
STEPHEN SILVA: Because I just wanted to ask him what happened with the situation and if he was done using it because I wanted it back.
MR. CHAKRAVARTY: Why did you want the gun back?
STEPHEN SILVA: Around that time the person who gave it to me, Howie, he kept calling me and asking me to return the gun. So I wanted to give him back, you know, the gun that he let me borrow.
MR. CHAKRAVARTY: Did Howie explain to you why he gave you the gun in the first place?
STEPHEN SILVA: Yeah, he gave it to me because his mother had searched his room and he needed to get it out of the house.
MR. CHAKRAVARTY: Did he tell you anything about the gun?
STEPHEN SILVA: He told that me it was, quote/unquote --
MS. CONRAD: Objection.
THE COURT: Sustained.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Was -- when you received the gun, was the serial number obliterated or not?
STEPHEN SILVA: Yes, it was obliterated.
MR. CHAKRAVARTY: Did you tell Howie why you couldn't give the gun back?
STEPHEN SILVA: No, I did not.
MR. CHAKRAVARTY: Did you continue to have contact with the defendant through February and into April of 2013?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: About how often?
STEPHEN SILVA: Same amount as usual.
MR. CHAKRAVARTY: About once a week?
STEPHEN SILVA: Yeah, around there. Once a week, twice a week.
MR. CHAKRAVARTY: Did the defendant give you the gun back?
STEPHEN SILVA: No, he did not.
MR. CHAKRAVARTY: Did you continue to ask him for the gun?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: In addition to yourself asking, did other people ask him?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Who else asked him?
STEPHEN SILVA: Nicholas.
MR. CHAKRAVARTY: How did Nicholas ask him?
STEPHEN SILVA: He sent him a text via phone.
MR. CHAKRAVARTY: Did the defendant respond to Nicholas?
STEPHEN SILVA: No, he did not.
MR. CHAKRAVARTY: Did the defendant respond to you?
STEPHEN SILVA: Yes, he did.
MR. CHAKRAVARTY: What did the defendant tell you as to why he couldn't give the gun back?
STEPHEN SILVA: He just kept coming up with excuses saying he -- when he would come, he was in a rush, "I couldn't bring it," was just beating around the bush, I'd say.
MR. CHAKRAVARTY: Did he mention he was doing anything with the gun at that point?
MS. CONRAD: Objection. Objection.
THE COURT: Overruled.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Did he mention what he did on spring break?
STEPHEN SILVA: No, he did not.
MR. CHAKRAVARTY: Did he tell you -- strike that. How were you communicating with the defendant during this time?
STEPHEN SILVA: Cell phone usually.
MR. CHAKRAVARTY: Was that text as well phone calls?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Do you still have the phone that you were using?
STEPHEN SILVA: No, I do not.
MR. CHAKRAVARTY: Where is it?
STEPHEN SILVA: No idea. It was disposed of.
MR. CHAKRAVARTY: We'll get to that in a second. Let's talk a little bit about the defendant. How good of a student was the defendant?
STEPHEN SILVA: The defendant was a very good student in high school.
MR. CHAKRAVARTY: What did he tell you about his grades?
STEPHEN SILVA: I know in high school he had a pretty high grade point average, in the high 80s.
MR. CHAKRAVARTY: And how about in college?
STEPHEN SILVA: We didn't -- he told me his first semester he had kind of struggled a little bit, but then his second semester he had stopped messing around and improved his GPA highly.
MR. CHAKRAVARTY: Did you take classes with him in high school?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: And particularly in junior and senior year, did you take a class with Mr. Matteo and Ms. Otty?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Were there ever conversations about terrorism in those classes?
STEPHEN SILVA: In Ms. Otty's class, yes.
MR. CHAKRAVARTY: And did the defendant participate in one of those conversations?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Describe it.
STEPHEN SILVA: Ms. Otty, she had raised the question about whether -- whether we as students believed that terrorism is ever justified and what is terrorism, why do people -- or why do sometimes people resort to acts of terrorism to prove their point, something along those lines.
MR. CHAKRAVARTY: And did the defendant answer?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What did he say?
STEPHEN SILVA: At this point in class I remember we were having a debate about American foreign policy in the Middle East and what are the sort of issues that America deals with in the Middle East. And the defendant had raised a point that American soldiers tend -- American foreign policy sometimes tends to be a little hostile towards the Middle East, you know, persecuting Muslims, going to war, trying to take over the people's culture, you know, to tell them what to do, stuff like that.
MR. CHAKRAVARTY: And because of that, what?
STEPHEN SILVA: And because of that, you know, it's wrong. Americans shouldn't be allowed to just go wherever they want and try to force people to believe in what they believe and not let them live their own lives or believe their own things that they want to believe in.
MR. CHAKRAVARTY: Did you ever visit the defendant at his residence in Cambridge?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: When?
STEPHEN SILVA: About the same time, in the summer of 2012.
MR. CHAKRAVARTY: So that's after you graduated, after you had already gone to college, when you came back?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Why did you visit him that summer?
STEPHEN SILVA: I remember that specific night me and my mother had gotten into an argument, and me and my twin brother left the house for the night so we needed a place to stay.
MR. CHAKRAVARTY: So was it you and your brother went there?
STEPHEN SILVA: Yeah.
MR. CHAKRAVARTY: When you got to his house in Cambridge, had you been there before?
STEPHEN SILVA: I had been around his house. I think that was the first time I had entered his home.
MR. CHAKRAVARTY: And was there anyone else at home when you got there?
STEPHEN SILVA: It was just me and my twin brother, Jahar, and I believe his niece and brother's wife.
MR. CHAKRAVARTY: Brother's wife?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What did you guys do?
STEPHEN SILVA: We were inside his -- the defendant's bedroom. I was on the top bunkbed and the defendant and my brother were watching "The Walking Dead" on his computer.
MR. CHAKRAVARTY: The TV show?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Is that a TV show that he enjoyed?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: I'm going to show you some pictures.
MR. CHAKRAVARTY: Call up 1185-01.
This is for the witness, your Honor.
MR. CHAKRAVARTY: Do you recognize that?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What is it?
STEPHEN SILVA: The defendant's home.
MR. CHAKRAVARTY: 1185-12.
MR. CHAKRAVARTY: What's that?
STEPHEN SILVA: That's the defendant's bedroom.
MR. CHAKRAVARTY: And particularly, do you recognize the bed?
STEPHEN SILVA: Yes. The top bed bunk [sic] is where I slept that night.
MR. CHAKRAVARTY: 1185-36.
MR. CHAKRAVARTY: Do you recognize that?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What is that?
STEPHEN SILVA: The defendant's desktop/laptop computer.
MR. CHAKRAVARTY: Is it a desktop or a laptop?
STEPHEN SILVA: It looks like a desktop.
MR. CHAKRAVARTY: And was that in that room?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: The same room with the bed?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Was that the defendant's room?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: 1201, please.
MR. CHAKRAVARTY: Do you recognize that?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What is that?
STEPHEN SILVA: That's a flag.
MR. CHAKRAVARTY: Was that in the bedroom?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: I'd move into evidence 1185-01, 1185-12, 1185-36 and 1201.
MS. CONRAD: Objection to 1185-36, your Honor, because I don't think it's been established that's what it looked like at that time.
THE COURT: I think it's sufficient. I'll admit it.
(Government Exhibit Nos. 1185-01, 1185-12, 1185-36 and 1201 received into evidence.)
MR. CHAKRAVARTY: Ask to publish, your Honor.
THE COURT: Which one.
MR. CHAKRAVARTY: I'm sorry. 1185-01 we'll start with.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Is this the structure in which the defendant lived?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Was it the third floor of this apartment?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: 1185-12.
MR. CHAKRAVARTY: And is this the bed in his room?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: It's a bunkbed? In this picture, in which direction was the computer?
STEPHEN SILVA: To the right side of the bed towards --
MR. CHAKRAVARTY: Over there? Okay.
MR. CHAKRAVARTY: 1185-36.
MR. CHAKRAVARTY: And this is a computer?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And is this where they were watching "The Walking Dead"?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And where in relation to this was the flag? Which direction?
STEPHEN SILVA: I believe the flag was along the wall towards the middle of the room.
MS. CONRAD: Can we get some clarification on which flag we're talking about? The flag that's depicted here or the other picture?
MR. CHAKRAVARTY: We could move on.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: The flag on the wall that I showed you earlier, was that on the wall to the right?
STEPHEN SILVA: Yeah.
MR. CHAKRAVARTY: Okay. Can we go to that exhibit, 1201?
MR. CHAKRAVARTY: So is this flag facing the bed?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: How long -- did you leave that morning?
STEPHEN SILVA: The next morning, yes.
MR. CHAKRAVARTY: Is that the only time you spent the night at the defendant's house?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Has he come to your home?
STEPHEN SILVA: Yes, he'd come to my home before.
MR. CHAKRAVARTY: Where is your home?
STEPHEN SILVA: My mother has an apartment in Cambridge near the Charles River.
MR. CHAKRAVARTY: Is that off of Memorial Drive?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: I'd ask to show Exhibit 742. This is in evidence, your Honor.
THE COURT: This is in evidence?
MR. CHAKRAVARTY: It is in evidence.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Do you recognize this intersection?
STEPHEN SILVA: Yes, I do.
MR. CHAKRAVARTY: And does it show where your mother lives?
STEPHEN SILVA: Yes, it does.
MR. CHAKRAVARTY: Can you just circle that area?
STEPHEN SILVA: (Witness complies.)
MR. CHAKRAVARTY: All right. So you just --
STEPHEN SILVA: Sorry.
MR. CHAKRAVARTY: That's all right. So let me just orient you a little bit. Are there two gas stations in that intersection?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And there's a Shell Gas Station and a Mobil Gas Station?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And next to the Mobil Gas Station where you just circled, is there an apartment tower?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Okay. And is that where you grew up?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: One of the places you grew up?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: How much would the defendant visit you there?
STEPHEN SILVA: During high school, a lot.
MR. CHAKRAVARTY: What's "a lot" mean?
STEPHEN SILVA: A few times a week.
MR. CHAKRAVARTY: Exhibit 743.
MR. CHAKRAVARTY: Is this the Shell Gas Station from across the street?
STEPHEN SILVA: Yes, it is.
MR. CHAKRAVARTY: How often would you go there?
STEPHEN SILVA: Every day.
MR. CHAKRAVARTY: Would you go there with the defendant?
STEPHEN SILVA: Multiple times I've gone there with the defendant, yes.
MR. CHAKRAVARTY: Why would you go there with the defendant?
STEPHEN SILVA: Cop snacks, water, Gatorade, blunts to roll marijuana in.
MR. CHAKRAVARTY: It sounds like you hung out with the defendant a fair amount up through high school?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And then even afterwards, in college. Is that right?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did you ever know him to wear a knit hat, like in the winter?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: I show you Exhibit 820.
MR. CHAKRAVARTY: Just for the witness, your Honor.
MR. CHAKRAVARTY: Do you recognize that?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What do you recognize it to be?
STEPHEN SILVA: The defendant's Boston Red Sox winter hat.
MR. CHAKRAVARTY: And you had seen him wearing this?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: I'd move into evidence Exhibit 820.
MS. CONRAD: No objection.
THE COURT: All right.
(Government Exhibit No. 820 received into evidence.)
MR. CHAKRAVARTY: Exhibit 1341 just for the witness. I'm not sure whether this is in. Strike that. 1349.
Go back to 1341, please.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Do you recognize this picture?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What do you recognize it to be?
STEPHEN SILVA: The defendant in his bedroom, it seems.
MR. CHAKRAVARTY: And how do you know that it's the defendant in his bedroom?
STEPHEN SILVA: The flag on the wall.
MR. CHAKRAVARTY: The same flag you just were talking about a little while ago?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Do you recognize the chair?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Do you recognize the computer table?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And was this in substantially the same condition of his room when you were there?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: I'd move into evidence Exhibit 1341.
MS. CONRAD: No objection to the photograph, your Honor, but I can't even see what the writing is, and I don't think there's any foundation on that.
MR. CHAKRAVARTY: We can redact that at this point, and it will --
MS. CONRAD: You should redact it before it's published, then.
THE COURT: Well, it's illegible.
MS. CONRAD: My eyes are pretty bad. The jury's vision might be a little better than mine.
THE COURT: I think we can --
MR. CHAKRAVARTY: I can zoom in, your Honor.
THE COURT: That's a better...
All right. And the rest will be redacted.
MR. CHAKRAVARTY: Yes, your Honor.
THE COURT: Okay.
MR. CHAKRAVARTY: Or another witness will lay the foundation.
THE COURT: All right. Fine.
(Government Exhibit No. 1341 received into evidence.)
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Did you ever go to the apartment of Dias Kadyrbayev?
STEPHEN SILVA: Yes, one time.
MR. CHAKRAVARTY: Where was that?
STEPHEN SILVA: New Bedford, Massachusetts.
MR. CHAKRAVARTY: And who did he live with?
STEPHEN SILVA: He lived with Aza and a couple of other Kazakhstans.
MR. CHAKRAVARTY: Who is Aza?
STEPHEN SILVA: Azamat -- I don't know how to pronounce his last name. He's a friend of the defendant's.
MR. CHAKRAVARTY: Is it Tazhayakov?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And were they students at UMass Dartmouth?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: How often would you go there?
STEPHEN SILVA: Repeat that?
MR. CHAKRAVARTY: How often would you go to their apartment?
STEPHEN SILVA: I just went to their apartment one time.
MR. CHAKRAVARTY: When was that?
STEPHEN SILVA: Sometime the spring of 2013.
MR. CHAKRAVARTY: And who else was there when you got there?
STEPHEN SILVA: Me and the defendant, Aza, Dias, a couple of Kazakhstans that I don't know the names of, a girl named Pamela, and another black student. I don't remember his name.
MR. CHAKRAVARTY: I'm going to show you a photograph.
MR. CHAKRAVARTY: 1178 just for the witness, your Honor.
MR. CHAKRAVARTY: Do you recognize these people?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Who do you recognize them to be?
STEPHEN SILVA: I recognize Aza, Dias and the defendant.
MR. CHAKRAVARTY: Do you know the two people at the ends?
STEPHEN SILVA: I don't. I don't remember them.
MR. CHAKRAVARTY: Do you know when this photograph was taken?
STEPHEN SILVA: I believe in November.
MR. CHAKRAVARTY: Were you present?
MR. CHAKRAVARTY: But you've seen this photograph before?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: All right. And does it fairly and accurately depict the defendant, Aza and Dias?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: I'd move into evidence 1178.
MS. CONRAD: No objection.
(Government Exhibit No. 1178 received into evidence.)
MR. CHAKRAVARTY: Thank you, your Honor.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: For the jury, can you just circle Aza and Dias again?
STEPHEN SILVA: This is Aza, Dias.
MR. CHAKRAVARTY: Do you know how often the defendant would go to New York?
STEPHEN SILVA: No, I do not. I know he went there a few times.
MR. CHAKRAVARTY: Did you ever go with him?
MR. CHAKRAVARTY: Do you know whether he went with his Kazakh friends aside from this occasion?
MS. CONRAD: Object, your Honor. Foundation.
MR. CHAKRAVARTY: I'll ask another question, your Honor.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Do you know whether he went in February of 2013?
STEPHEN SILVA: No, I do not.
MR. CHAKRAVARTY: When's the last time you saw the defendant?
STEPHEN SILVA: About a day or two after my 20th birthday.
MR. CHAKRAVARTY: When was that?
STEPHEN SILVA: April 2013.
MR. CHAKRAVARTY: Was it early April?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And where did you see him?
STEPHEN SILVA: I met with him inside the parking lot of my mother's apartment complex.
MR. CHAKRAVARTY: Go to Exhibit 743, please.
I think this is in evidence, your Honor.
I'm sorry. 744.
Your Honor, I believe this is in evidence. I don't know if it's been published.
THE COURT: It is.
MR. CHAKRAVARTY: Thank you.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: So do you recognize this intersection?
STEPHEN SILVA: Yes, I do.
MR. CHAKRAVARTY: Is this the intersection where the Shell Gas Station is on one side and the Mobil Gas Station is on the other?
STEPHEN SILVA: Yes, it is.
MR. CHAKRAVARTY: And where on this picture is your mother's apartment?
STEPHEN SILVA: (Witness indicates.)
MR. CHAKRAVARTY: That building? And that's a tower? And where is the parking lot in which you met the defendant?
STEPHEN SILVA: (Witness indicates.)
MR. CHAKRAVARTY: Okay. You've circled what appears to be a parking structure. That's the second main building on the right?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Why were you meeting with the defendant after your birthday?
STEPHEN SILVA: He was meeting with me to purchase some marijuana.
MR. CHAKRAVARTY: And was he with anyone?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Who?
STEPHEN SILVA: Dias.
MR. CHAKRAVARTY: What happened when you guys met?
STEPHEN SILVA: He was in -- I believe that day he was in Dias's BMW. I went downstairs, I met up with him inside the car. I was with my twin brother, Steven. I got in the car. The defendant was driving, Dias was in the passenger seat. We had talked very shortly. The defendant handed me some money, and then I left the car to go grab the marijuana.
MR. CHAKRAVARTY: And you went to somebody else's car to do that?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did you get the marijuana?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did you come back?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What happened?
STEPHEN SILVA: Can you repeat that?
MR. CHAKRAVARTY: What happened when you got back?
STEPHEN SILVA: When I got back I put the marijuana in the -- Dias' car's trunk, and then I talked to the defendant very shortly. He -- I don't know. He wasn't really talking to me much. I was trying to get into a deeper conversation with him but he said he was in a rush. And I asked him about the gun and he gave me another excuse on why he couldn't -- why he didn't bring it that day. And then I remember Dias saying, "Oh, we're in a rush, we're in a rush." So I only talked to him for a little bit, told the defendant, you know, I loved him, and then I got out of the car.
MR. CHAKRAVARTY: Did he say specifically why he didn't bring the gun?
STEPHEN SILVA: He just came up with an excuse, said he was in a rush, he had to -- he was driving fast, he didn't want to be speeding.
MR. CHAKRAVARTY: Do you believe that? Did you believe that was the reason?
STEPHEN SILVA: I just took it as another excuse, so I don't know.
MR. CHAKRAVARTY: Did you continue to communicate with him into the weekend before the marathon?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: How?
STEPHEN SILVA: The defendant's cell phone had been turned off so I reached out to him on Twitter.
MR. CHAKRAVARTY: So you communicated with him through Twitter?
STEPHEN SILVA: Social media.
MR. CHAKRAVARTY: And where were you during the 2013 marathon?
STEPHEN SILVA: I was at my friend's grandmother's house.
MR. CHAKRAVARTY: Had you ever spoken with the defendant before about the marathon?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: When?
STEPHEN SILVA: Sometime before the marathon. I know that the defendant and my brother went to the marathon in 2012, I believe.
MR. CHAKRAVARTY: Do you remember what conversation you had with the defendant about it?
STEPHEN SILVA: No, I don't remember the conversation in the detail. No.
MR. CHAKRAVARTY: When did you first see pictures of the defendant after the 2013 marathon?
STEPHEN SILVA: That Thursday night, April 18th, I believe.
MR. CHAKRAVARTY: Do you remember what photos they were?
STEPHEN SILVA: Yeah. They were photos of him at the Shell Gas Station.
MR. CHAKRAVARTY: Ask to pull up Exhibit 750.
MR. CHAKRAVARTY: Do you recognize --
MR. CHAKRAVARTY: I think this is in evidence, your Honor.
MR. CHAKRAVARTY: Do you recognize this photo with the exception of the circle?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And who do you recognize in the photo?
STEPHEN SILVA: The defendant.
MR. CHAKRAVARTY: Now, the person who's circled, did you ever meet that person before?
STEPHEN SILVA: No, I have not.
MR. CHAKRAVARTY: Did you ever speak with that person before?
STEPHEN SILVA: No, I have not.
MR. CHAKRAVARTY: The sweatshirt that the defendant is wearing, had you seen him wearing that sweatshirt before?
STEPHEN SILVA: Yes, I have.
MR. CHAKRAVARTY: Go to Exhibit 751. Sorry.
MR. CHAKRAVARTY: Is that the Mobil station?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: 749, please.
MR. CHAKRAVARTY: And again, is this -- I'm circling this person. Is that the defendant?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Do you see what he's carrying?
STEPHEN SILVA: It looks like Red Bull.
MR. CHAKRAVARTY: Red Bull the energy drink?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What was your reaction after you saw him on TV?
STEPHEN SILVA: I was in a state of huge shock, disbelief, paranoia.
MR. CHAKRAVARTY: What did you do?
STEPHEN SILVA: I did nothing. I just disposed of my phone. I was pretty shocked. I didn't really want to talk to people. I didn't really want to go outside. I stopped selling.
MR. CHAKRAVARTY: So you described getting rid of your phone and stopped selling. Do you mean stopped selling drugs?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Marijuana?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: At some point later in 2013 did you start selling again?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: When?
STEPHEN SILVA: About the fall 2013.
MR. CHAKRAVARTY: And what kinds of drugs did you sell at that point?
STEPHEN SILVA: I started selling some cocaine, some Molly, prescription pills.
MR. CHAKRAVARTY: Why did you expand your repertoire?
STEPHEN SILVA: That's just what my clientele had been asking for, so I had to accommodate my clientele.
MR. CHAKRAVARTY: You said cocaine?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Molly. What is Molly?
STEPHEN SILVA: A form of Ecstasy.
MR. CHAKRAVARTY: Ecstasy is the street name of MDMA?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And prescription pills you said as well?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And did something happen to you in November of 2013?
STEPHEN SILVA: Yes. I was arrested at JFK UMass train station.
MR. CHAKRAVARTY: For what?
STEPHEN SILVA: For possession of marijuana with intent to distribute.
MR. CHAKRAVARTY: What's the status of that case?
STEPHEN SILVA: Pending.
MR. CHAKRAVARTY: Did you post bond in that case?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: After you got out, did you continue to sell?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: What kinds of stuff?
STEPHEN SILVA: Same. Weed. Same other drugs I was selling.
MR. CHAKRAVARTY: In 2014, just last year, did you sell heroin?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: To whom?
STEPHEN SILVA: A confidential informant.
MR. CHAKRAVARTY: When you say "confidential informant," what do you mean?
STEPHEN SILVA: A person who was working with the government.
MR. CHAKRAVARTY: And how many times did you sell drugs to that person?
STEPHEN SILVA: About eight to ten times.
MR. CHAKRAVARTY: Of heroin?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Do you know about how much heroin you sold him?
STEPHEN SILVA: I don't know, about two, three hundred grams.
MR. CHAKRAVARTY: Do you know how much money that was worth?
STEPHEN SILVA: Not exactly, but it was worth thousands of dollars.
MR. CHAKRAVARTY: After selling that person the heroin over that period of time, did you get arrested?
STEPHEN SILVA: Yes, I did.
MR. CHAKRAVARTY: What were you charged with?
STEPHEN SILVA: Conspiracy to distribute heroin and gun possession.
MR. CHAKRAVARTY: And is it the same gun that's up on the table?
STEPHEN SILVA: Yes, it is.
MR. CHAKRAVARTY: Now, as part of your plea agreement, does it spell out what the maximum sentences are and the minimum sentences are in your case?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What is your understanding of what the maximum sentence is in your case?
STEPHEN SILVA: Twenty years max for each count, and I believe it's about eight counts, so 160 years, somewhere around there.
MR. CHAKRAVARTY: And that's a statutory maximum?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Are you familiar with the sentencing guidelines?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And what are those?
STEPHEN SILVA: Sentencing guidelines are the guidelines, depending on how much points you have of criminal history is what the judge usually goes when he's deciding sentencing.
MR. CHAKRAVARTY: And what is your idea of how much time you're looking at under the sentencing guidelines?
STEPHEN SILVA: Between five and seven years.
MR. CHAKRAVARTY: And is there a minimum mandatory sentence for you?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And what is that?
STEPHEN SILVA: Five years.
MR. CHAKRAVARTY: How can you get out from that five-year sentence?
STEPHEN SILVA: By cooperating with the government.
MR. CHAKRAVARTY: After you were arrested did the government show you video recordings of those transactions you made with the confidential informant?
STEPHEN SILVA: Yes, they did.
MR. CHAKRAVARTY: Did you tell that person about the gun that you had given to the defendant?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Why?
STEPHEN SILVA: I was just being stupid, trying to show off.
MR. CHAKRAVARTY: After you were arrested, did you, in fact, cooperate?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And have you told the government about your drug-dealing activities?
STEPHEN SILVA: Yes, I have.
MR. CHAKRAVARTY: Did you tell the government about some of your suppliers?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Did you tell the government about who you got the gun from?
MS. CONRAD: Objection. Leading.
THE COURT: Overruled.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Did you tell the government about who you got the gun from?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Are there any promises that you've received as a result of your testimony here today?
STEPHEN SILVA: I've received no promises, I've just been told if I cooperate, give truthful testimony, the government will file a 5K1 motion.
MR. CHAKRAVARTY: Now, with the confidential informant, did you also propose an additional business transaction?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What was that?
STEPHEN SILVA: I discussed the possibility of whacking somebody, harming somebody.
MR. CHAKRAVARTY: When you say "whacking somebody," what did you mean?
STEPHEN SILVA: Getting someone potentially hurt or shot.
MR. CHAKRAVARTY: And why?
STEPHEN SILVA: At the time I was -- I had been robbed by a former friend. I was very angry. I was saying things out of anger.
MR. CHAKRAVARTY: And did you propose to actually pay to have the informant do that?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Excuse me.
(Counsel confer off the record.)
MR. CHAKRAVARTY: Your Honor, it is 11:10. I don't have much more, but I probably have at least five minutes. I mean, there may be more, but at least that much.
THE COURT: All right, we'll take the morning recess at this point.
COURT CLERK: All rise for the Court and the jury. The Court will take the morning recess.
(The Court and jury exit the courtroom and there is a recess in the proceedings at 11:12 a.m.)
(The Court and the jury entered the courtroom at 11:44 a.m.)
MR. CHAKRAVARTY: Just a few more questions, Mr. Silva, if you'd please just keep your voice up. Mr. Silva, when we broke, I was asking you about your conversation with what you called informant about hurting somebody. Have you had conversations with other people about potentially hurting somebody?
STEPHEN SILVA: No, not really.
MR. CHAKRAVARTY: With regards to this -- the conversation you had with the informant, did you follow through?
STEPHEN SILVA: Of course not.
MR. CHAKRAVARTY: Did you pay him any money to do anything?
STEPHEN SILVA: I did not.
MR. CHAKRAVARTY: After you were arrested, did you have conversations with some friends about what should happen to the person who introduced you to this informant?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What did you say?
STEPHEN SILVA: I said -- I remember saying someone should smack her, spit in her face, something along these lines.
MR. CHAKRAVARTY: Did you say anything about the prosecutor who was prosecuting you?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What did you say?
STEPHEN SILVA: I said, He's not -- at the time I said, He's an asshole. Someone should spit in his face.
MR. CHAKRAVARTY: Why did you say these things about those people?
STEPHEN SILVA: I was just very angry at the time. When you're angry, you say stupid things.
MR. CHAKRAVARTY: Have you ever seen the defendant get angry?
STEPHEN SILVA: Not much but a couple times.
MR. CHAKRAVARTY: What were those times?
STEPHEN SILVA: Times where -- I used to joke around with the defendant, call him a Russian refugee. That kind of ticked him off because he's very proud of his Chechen nationality.
MR. CHAKRAVARTY: What was his reaction?
STEPHEN SILVA: He'd get upset. He'd get angry, tell me shut up. I'm not Russian.
MR. CHAKRAVARTY: Did he ever call you any names?
STEPHEN SILVA: Yeah, a couple times.
MR. CHAKRAVARTY: What kind of names would he call you?
MS. CONRAD: Objection.
THE COURT: Overruled.
MR. CHAKRAVARTY: What kind of names did he call you?
STEPHEN SILVA: This one time he called me a kafir.
MR. CHAKRAVARTY: Kafir. What is a kafir to you?
STEPHEN SILVA: I believe it's -- it means, like, nonbeliever, something along those lines, like, infidel, something along those lines.
MR. CHAKRAVARTY: Were there any other occasions that you can remember?
STEPHEN SILVA: Besides a joking manner, no.
MR. CHAKRAVARTY: Last time you saw the defendant before today was back in April of 2013?
STEPHEN SILVA: Yes, it was.
MR. CHAKRAVARTY: Was it a couple weeks before the Marathon?
STEPHEN SILVA: Yes, it was.
MR. CHAKRAVARTY: That's all I have, your Honor.