6.Stephen Silva — Cross/Redirect/Recross (Part 2)
477 linesCROSS-EXAMINATION BY MS. CONRAD:
MS. CONRAD: Good morning, Mr. Silva.
STEPHEN SILVA: Good morning.
MS. CONRAD: My name is Miriam Conrad. I'm one of Mr. Tsarnaev's -- Jahar's lawyers. Mr. Chakravarty just asked you something where you said that one time Jahar called you a kafir?
STEPHEN SILVA: Yes.
MS. CONRAD: When was that?
STEPHEN SILVA: This was a long time ago, sometime in January, 2013.
MS. CONRAD: Now -- but you -- he never talked to you about religion, did he?
STEPHEN SILVA: We talked about religion a few times, not much.
MS. CONRAD: Didn't you tell the government, when you first spoke to them, that he didn't really talk much about religion?
STEPHEN SILVA: Yes, I did.
MS. CONRAD: And that was true, right?
STEPHEN SILVA: We'd talk about religion, not in depth, not all the time, no.
MS. CONRAD: You also told the Rolling Stone that he never talked about religion?
STEPHEN SILVA: Yes.
MS. CONRAD: You were interviewed by Rolling Stone Magazine, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And but you used a different name, right?
STEPHEN SILVA: Yes.
MS. CONRAD: That name is Sam?
STEPHEN SILVA: Yes.
MS. CONRAD: Mr. Chakravarty asked you how you reacted to news of the -- of seeing pictures of Jahar after the Boston Marathon bombing. You said you were shocked, right?
STEPHEN SILVA: Yes, I was.
MS. CONRAD: You were shocked because you had not seen anything in Jahar that would make you believe that he could or would do something like that, right?
STEPHEN SILVA: At the time, yes.
MS. CONRAD: And you even posted on your Facebook pages that it must have been his brother who got him into it?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Overruled. You may answer it.
STEPHEN SILVA: Can you -- I have --
MS. CONRAD: You can answer it. Do you want me to ask the question again?
STEPHEN SILVA: Can you ask the question again?
MS. CONRAD: Yeah, sure. You even said at the time that it must have been his brother who got him into it?
STEPHEN SILVA: At the time, that's what I felt, yes.
MS. CONRAD: And you were interviewed by the FBI on April 20, 2013, right?
STEPHEN SILVA: Yes, I was.
MS. CONRAD: Right after this happened?
STEPHEN SILVA: Yes, I was.
MS. CONRAD: And you told them that at the time, right?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: No. Overruled.
STEPHEN SILVA: Yes. That's what I told them at the time.
MS. CONRAD: And during -- in fact, what you told them was that you felt 150 percent that Tamerlan influenced Jahar to do the bombing?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained to that.
MS. CONRAD: You also told them -- well, strike that. And you thought that it must have been Tamerlan who built the bombs, right?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: Now, you were friends with Jahar since eighth grade, right?
STEPHEN SILVA: Yes.
MS. CONRAD: Close friends?
STEPHEN SILVA: Yes, very close friends.
MS. CONRAD: Spent almost every day together?
STEPHEN SILVA: Yes.
MS. CONRAD: And he was even -- in fact, I think you said on direct that he was one of your closest friends?
STEPHEN SILVA: I considered him a best friend.
MS. CONRAD: And he was well-liked, right?
STEPHEN SILVA: Yes, he was.
MS. CONRAD: Popular?
STEPHEN SILVA: Yes, he was.
MS. CONRAD: And one of the realest and coolest kids that you knew?
STEPHEN SILVA: Yes, that's what I felt.
MS. CONRAD: And you felt that way still even after you started cooperating, as you put it, with the prosecution in this case, right?
STEPHEN SILVA: Yes.
MS. CONRAD: In fact, you told them on October 28th that he was one of the realest and coolest kids you'd ever met?
STEPHEN SILVA: Yes.
MS. CONRAD: And he wasn't violent, right?
STEPHEN SILVA: No. I've never seen him violent.
MS. CONRAD: And he never picked on anybody?
STEPHEN SILVA: No.
MS. CONRAD: He was kindhearted?
STEPHEN SILVA: Yes, he was.
MS. CONRAD: And he -- even though he was -- he had training as a boxer and as a wrestler, you never saw him fight with anybody?
STEPHEN SILVA: No, I did not.
MS. CONRAD: And he was humble?
STEPHEN SILVA: Yes, he was.
MS. CONRAD: And the only examples you could come up with -- or example you could come up with of him getting annoyed or angry was when someone referred to him as a Russian refugee, right?
STEPHEN SILVA: Yes.
MS. CONRAD: That was because he was proud of his culture, right?
STEPHEN SILVA: Yes.
MS. CONRAD: But you never heard him say anything that showed that he had any resentment to the United States of America, did you?
STEPHEN SILVA: No.
MS. CONRAD: In fact, even in November of 2012, he posted on his Twitter page about celebrating Obama being reelected?
MR. CHAKRAVARTY: Objection, your Honor.
STEPHEN SILVA: Yes.
THE COURT: Sustained.
MS. CONRAD: Well, you were on his Twitter page, right?
STEPHEN SILVA: Yes.
MS. CONRAD: You communicated with him through his Twitter page?
STEPHEN SILVA: Sometimes, yes.
MS. CONRAD: In fact, he posted birthday greetings to you and your twin brother on your birthday? Was that April 1 of 2013?
STEPHEN SILVA: Yes.
MS. CONRAD: He said, "Happy 20th to the twins"?
STEPHEN SILVA: Yes.
MS. CONRAD: Do you remember that?
STEPHEN SILVA: I do.
MS. CONRAD: And do you remember him posting about Obama being reelected?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: And you talked a little bit about how you and he smoked weed together, right?
STEPHEN SILVA: Yeah.
MS. CONRAD: And that was one of the things that you did together, right?
STEPHEN SILVA: Yup.
MS. CONRAD: But there were other things you did together, too, right?
STEPHEN SILVA: Yes.
MS. CONRAD: For example, you said you went up to Swampscott and jumped off cliffs?
STEPHEN SILVA: Yes.
MS. CONRAD: Was that, like, a swimming hole or something?
STEPHEN SILVA: A lake, reservoir.
MS. CONRAD: And you played basketball?
STEPHEN SILVA: Yes.
MS. CONRAD: And you went to the pool?
STEPHEN SILVA: Yes.
MS. CONRAD: Chased girls?
STEPHEN SILVA: Yes.
MS. CONRAD: And sort of typical teenage things, right?
STEPHEN SILVA: Yeah.
MS. CONRAD: In fact, it was you who introduced him to smoking marijuana, right?
STEPHEN SILVA: I guess you could say that, but I don't think I smoked with him his first time.
MS. CONRAD: You didn't tell the government that you used peer pressure to get him to try marijuana?
MR. CHAKRAVARTY: Objection to the relevance of this, marijuana smoking.
THE COURT: Overruled.
STEPHEN SILVA: I can't recall.
MS. CONRAD: One moment.
MS. CONRAD: So you knew he was easy to influence, right?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: Well, I'll move on since I can't find it at the moment.
MS. CONRAD: Didn't you post on your Facebook page on April 24th that you knew how easy it was to corrupt him?
MR. CHAKRAVARTY: Objection, your Honor. It's being offered for the truth.
THE COURT: Sustained.
MS. CONRAD: It's impeachment.
THE COURT: Sustained.
MS. CONRAD: Did you think that he was someone who could be easily corrupted?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: Now, you were really good friends with him, but I think you said it was summer -- no, I'm sorry. When was it that you went to his apartment?
STEPHEN SILVA: Summer of 2012, I believe.
MS. CONRAD: That was between freshman and sophomore years of college?
STEPHEN SILVA: Yes.
MS. CONRAD: And you had been friends with him at that point for, what?, six, seven years, at least, eighth grade?
STEPHEN SILVA: Yeah, give or take.
MS. CONRAD: Okay. And in all that time you both lived in Cambridge, right?
STEPHEN SILVA: Yes.
MS. CONRAD: Saw each other almost every day?
STEPHEN SILVA: Yes.
MS. CONRAD: And you had never been to his apartment?
STEPHEN SILVA: I can't remember going to his apartment besides that one time.
MS. CONRAD: He came to your apartment a lot, right?
STEPHEN SILVA: Yeah.
MS. CONRAD: But did you ever ask him about that?
STEPHEN SILVA: Not really, no.
MS. CONRAD: Did you ever wonder why he didn't want you to come to his apartment?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: Did he -- you said you never met his brother Tamerlan, right?
STEPHEN SILVA: No, I never met his brother.
MS. CONRAD: And did he tell you, You don't want to meet my brother?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Overruled. You may answer that.
STEPHEN SILVA: Yes, he did.
MS. CONRAD: What did you think that meant?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: Did you ask him what that meant?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: No. You may answer that.
STEPHEN SILVA: Can you repeat the question?
MS. CONRAD: If I could remember it, I could.
MS. CONRAD: Did you ask him what he meant by that?
STEPHEN SILVA: Yes, I did.
MS. CONRAD: What did he say?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Overruled.
STEPHEN SILVA: From my perspective and options from the conversation, he said his brother was very strict. He was very opinionated and that since I wasn't a Muslim, you know, he might give me a little shit for that.
MS. CONRAD: Do you remember when that conversation was, or was it on more than one occasion?
STEPHEN SILVA: I remember on more than one occasion.
MS. CONRAD: When was the last time?
STEPHEN SILVA: I can't recall.
MS. CONRAD: Did there come a time in -- over Christmas of 2012 when he complained that his brother was keeping him on a short leash?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained. I'll strike the answer.
MS. CONRAD: Did you ever observe, when you were out with him, how he would react if his brother would call him?
STEPHEN SILVA: Yes.
MS. CONRAD: Tell us about that.
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: Did he ever express concern about making sure his car didn't smell of weed because his brother would be angry?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: State of mind, your Honor.
MS. CONRAD: Were you aware of his brother's reputation?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Let me see you.
(SIDEBAR CONFERENCE AS FOLLOWS:
THE COURT: That's as much as you're going to get.
MS. CONRAD: Well, your Honor, I do think the government went through his entire relationship with him, and I think this is part of it, what he told him about his family.
THE COURT: No.
MR. CHAKRAVARTY: That's the whole point of doing motions in limine so --
THE COURT: Okay. New topic.
. . . END OF SIDEBAR CONFERENCE.)
MS. CONRAD: Your Honor, I just need a -- I'm getting a little assistance here. Let me go back to something for a minute now that Mr. Watkins has assisted me. If I could have the presentation camera, please, just for the witness.
MS. CONRAD: Okay. Mr. Silva, if you would look at the screen in front of you, if I could just draw your attention to the last sentence on that page and just ask you to read it silently.
STEPHEN SILVA: From the top, at the beginning?
MS. CONRAD: Right here next to my finger, where it starts out, "While at Rindge."
STEPHEN SILVA: "While at Rindge" --
MS. CONRAD: No, no, to yourself.
STEPHEN SILVA: (Witness complies). Okay.
MS. CONRAD: Looking at the top, that was an interview you gave on --
MR. CHAKRAVARTY: Objection, your Honor.
MS. CONRAD: -- on August 4th?
MR. CHAKRAVARTY: First --
MS. CONRAD: It's impeachment.
MR. CHAKRAVARTY: It's -- it's not clear whether it's a prior statement being used to refresh his recollection.
MS. CONRAD: It's not being used to refresh -- it's impeachment. I'll ask the question I asked before again.
MS. CONRAD: Did you use peer pressure on Mr. Tsarnaev to get him to try marijuana?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Overruled.
STEPHEN SILVA: I smoked weed with him. I wouldn't say I used peer pressure.
MS. CONRAD: But that's what you told the prosecution --
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Overruled.
MS. CONRAD: That's what you told the prosecution on August 4th of last year, right?
STEPHEN SILVA: That's what I said, but I stated it wrong.
MS. CONRAD: You stated it wrong?
STEPHEN SILVA: Yeah. I didn't mean peer pressure, and it's -- in retrospect, if I -- like, as if I forced him to smoke weed. I didn't force him to smoke it. We were smoking weed together, and he chose to smoke with me.
MS. CONRAD: Didn't you say, Hey, come on, try it?
STEPHEN SILVA: I can't -- I don't remember.
MS. CONRAD: What did you mean when you said "peer pressure" to the prosecution on August 4th?
STEPHEN SILVA: I don't -- back then, I don't think I used the correct term.
MS. CONRAD: So -- but you would agree with me that the report says that "Silva and his friends" --
MR. CHAKRAVARTY: Objection.
THE COURT: Overruled.
MS. CONRAD: -- "had to use peer pressure to get Tsarnaev to smoke marijuana"?
STEPHEN SILVA: Yes. That's what the report says.
MS. CONRAD: Now, when Mr. Chakravarty showed you some photographs of the apartment on Norfolk Street, there were some items in the picture of his bedroom, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And that was the only time you had been there, right?
STEPHEN SILVA: The only time I remember, yes.
MS. CONRAD: And at that time, Mr. Tsarnaev was a college student, right?
STEPHEN SILVA: Yes.
MS. CONRAD: So he was just home for Christmas break; is that when this was? Summer break?
STEPHEN SILVA: Yes.
MS. CONRAD: And you don't know who used the items in that room when he was gone, do you?
STEPHEN SILVA: No, I do not.
MS. CONRAD: You don't know, for example, who else might have used that computer?
MR. CHAKRAVARTY: Objection, your Honor. Asked and answered. He said he didn't know.
THE COURT: No. Go ahead. You can have a little bit of it.
MS. CONRAD: You don't know who else would have used that computer, right?
STEPHEN SILVA: No, I do not.
MS. CONRAD: You don't know who put the items that you saw in those pictures in that room, right?
STEPHEN SILVA: No, I do not.
MS. CONRAD: Now, Mr. Chakravarty asked you some questions about the gun, the Ruger, right?
STEPHEN SILVA: Yes.
MS. CONRAD: Now, let me make sure I've got the sequence of events straight because I'm a little bit confused. So you got the gun, and you told -- you and Nick and your brother got the gun to protect your business, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And you told Jahar about the gun, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And then -- and that was what?, over the phone or over Twitter?
STEPHEN SILVA: I can't recall. It was either over the phone or in person.
MS. CONRAD: When you told him about it -- I'm sorry. The first time you talked to him about it in person, you showed him the gun, right?
STEPHEN SILVA: I can't recall the exact situation.
MS. CONRAD: So you don't remember whether you showed him -- told him about the gun over the phone or something before you actually showed it to him?
STEPHEN SILVA: Yes. I don't remember.
MS. CONRAD: But, at any rate, you showed it to him before he asked you to borrow it, right?
STEPHEN SILVA: Yes.
MS. CONRAD: So the -- and that conversation about borrowing it wasn't until February, is that right?
STEPHEN SILVA: Sometime in January or February.
MS. CONRAD: And you don't remember exactly, right?
STEPHEN SILVA: I don't remember the exact date, no.
MS. CONRAD: And at the time he asked you for it, you had already told him about the robbery that you and Nick Silva had done together, right?
STEPHEN SILVA: Yes.
MS. CONRAD: So -- and you had already described to him that robbery, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And after you loaned Jahar the gun, you kept asking for him to give it back, right?
STEPHEN SILVA: Yes, I did.
MS. CONRAD: And he never did, right?
STEPHEN SILVA: No, he did not.
MS. CONRAD: So when you're charged, for example, in your Indictment, you're charged with possessing the gun before you gave it to Jahar, right?
STEPHEN SILVA: Yes.
MS. CONRAD: It's not like you got it back later and then were arrested with it, right?
STEPHEN SILVA: You're right.
MS. CONRAD: And so when you kept asking him to give it back, you said he kept giving you excuses, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And you didn't believe those excuses, did you?
STEPHEN SILVA: No. I just felt like he was BS'ing me.
MS. CONRAD: Did it ever occur to you that he didn't have the gun anymore?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: Did you ask him if he still had the gun?
STEPHEN SILVA: I did.
MS. CONRAD: And what did he say?
STEPHEN SILVA: He told me he still had it.
MS. CONRAD: Did you believe him?
STEPHEN SILVA: Yes, because he did not give it back to me, so where else would it have been?
MS. CONRAD: Well, what if he gave it to somebody else?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: He wouldn't be able to give it back to you if he didn't have it any longer, would he?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: Would you have loaned him the gun if he told you it was for his brother?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: You may answer that.
MS. CONRAD: Would you have loaned him the gun if he told you it was for his brother?
MS. CONRAD: Now, this robbery that you told us about, you -- that you did?
STEPHEN SILVA: Yes.
MS. CONRAD: You didn't tell the Feds about that the first, second, third or even fourth time that you sat down with them, did you?
STEPHEN SILVA: Initially, no, I did not.
MS. CONRAD: In fact, what you told them was that you didn't believe in sticking people up?
STEPHEN SILVA: Yes, I did.
MS. CONRAD: And, in fact, you told them that you had never discussed a robbery with anyone before Jahar asked to borrow the gun, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And both of those were lies, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And you lied to them because you wanted to make yourself look good?
STEPHEN SILVA: Yes.
MS. CONRAD: And because you wanted to get your deal?
MS. CONRAD: But you knew you were looking at a five-year minimum mandatory sentence, right?
STEPHEN SILVA: Yes.
MS. CONRAD: I think you made a reference -- Mr. Chakravarty asked you something about a 5K1?
STEPHEN SILVA: Yes.
MS. CONRAD: And a 5K1 is a motion that the prosecutor can file in your case to get your sentence below the sentencing guidelines, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And it could also get the sentence below a minimum mandatory sentence, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And you know that the judge doesn't have to go with the guidelines, but the judge has to go with a minimum mandatory, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And until the prosecutor files that motion, the judge has to give you five years?
STEPHEN SILVA: Yeah, something along those lines.
MS. CONRAD: So when Mr. Chakravarty asked you, well, it's not -- who's it up to what your sentence is and you said the judge, that's not actually completely true, is it?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Overruled. You may answer it.
MS. CONRAD: I'm sorry?
THE COURT: He may answer it.
STEPHEN SILVA: To my knowledge, it's only up to the judge.
MS. CONRAD: It's only up to the judge if the prosecutor files the motion, right?
STEPHEN SILVA: Yes.
MS. CONRAD: Without that motion, you're getting five years, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And, in fact, you're hoping to get -- you're hoping to get time served out of this case, aren't you?
STEPHEN SILVA: I'm hoping to get the best deal I can possibly get.
MS. CONRAD: Your original sentencing date was for today, right?
STEPHEN SILVA: Yes, it was.
MS. CONRAD: And it got moved, right?
STEPHEN SILVA: Yes, it has been.
MS. CONRAD: Because you didn't want to get sentenced until after you've had a chance to fill your end of the deal for the government, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And they didn't want you to get sentenced until after you testified in this case?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: I just want to show you your plea agreement for a second.
MS. CONRAD: This is just -- actually, no. It's in evidence so I guess the jury can see this, too.
MS. CONRAD: You recognize this as part of your plea agreement?
MS. CONRAD: Why is it not on? Thank you.
MS. CONRAD: You recognize that language there, Part B, "substantial assistance motion"?
STEPHEN SILVA: Yes.
MS. CONRAD: And I forget what exhibit number this is. Maybe the government can assist me on that.
926. Mr. Mellin is nodding yes.
MR. MELLIN: Yes, it is.
MS. CONRAD: Thank you very much.
MS. CONRAD: Just drawing your attention down to that last paragraph, "The determination whether defendant has provided substantial assistance rests solely in the discretion of the U.S. Attorney." Did you read that part?
STEPHEN SILVA: Can you repeat that question?
MS. CONRAD: Yeah. I'm just asking you to read that sentence, the last full paragraph on Page 9. "The determination whether defendant has provided substantial assistance rests solely in the discretion of the U.S. Attorney."
STEPHEN SILVA: Yes, I read it.
MS. CONRAD: And that means it's up to the prosecutor to decide whether you get that 5K motion, right?
STEPHEN SILVA: Yes, it is up to the prosecutor.
MS. CONRAD: May I have a moment, please?
I don't have anything further for you, Mr. Silva. Thank you very much.
MR. CHAKRAVARTY: A brief redirect, your Honor.
Can we call up that exhibit again, 926? Can we go to Page 10 -- 9, please?
REDIRECT EXAMINATION BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Mr. Silva, this is the page of the agreement that Miss Conrad showed you, is that right?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Can we turn the page to Page 10?
MR. CHAKRAVARTY: All of this pertains to the conditions under which the government will file this 5K motion, correct?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Let me go first to this provision marked D, letter immunity. Does this provision say, "In return for the defendant's full and truthful cooperation, the U.S. Attorney agrees not to use any information provided by the defendant pursuant to this agreement or pursuant to the proffer letter dated July 23, 2014, or any information directly or indirectly derived therefrom against defendant in any criminal case except in a prosecution for: 1), for perjury or obstruction of justice, or for making a false statement after the date of this agreement; or, 2), for an act of physical violence against the person of another or conspiracy to commit any such act of violence"?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And what do you understand that to mean?
STEPHEN SILVA: That for -- whatever I say in my testimony won't be used against me unless it's an act of violence.
MR. CHAKRAVARTY: And what about the first provision, what do you understand perjury and obstruction to justice mean?
STEPHEN SILVA: Perjury means lying; obstruction of justice, hiding the truth. That's what I understand that to mean.
MR. CHAKRAVARTY: What do you understand happens to you if you lie or you obstruct justice?
STEPHEN SILVA: I will not get my 5K1 motion.
MR. CHAKRAVARTY: And what else does this particular provision regarding immunity mean?
STEPHEN SILVA: It means I won't be subject to getting immunity. I could get prosecuted.
MR. CHAKRAVARTY: So you could both be prosecuted as well as -- for the lies as well as you wouldn't get the benefit of your 5K1 motion, right?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Can we go to Page 11?
MR. CHAKRAVARTY: What does this say?
STEPHEN SILVA: Would you like me to read it?
MR. CHAKRAVARTY: Can you read the title?
STEPHEN SILVA: "Court not bound by agreement."
MR. CHAKRAVARTY: What do you understand that to mean?
STEPHEN SILVA: That the Court, if they don't -- if they -- they're not bound to go with the motion if they don't feel that -- they don't feel that I -- my testimony was truthful or not.
MR. CHAKRAVARTY: The part that I'm highlighting here, does this say, "Within the minimum maximum sentence the defendant faces under the applicable law, the sentence to be imposed is within the sole discretion of the Court"?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: So who do you understand controls your sentence?
STEPHEN SILVA: The Court.
MR. CHAKRAVARTY: Go to Page 12, please. And Page 13.
MR. CHAKRAVARTY: Does Paragraph 14 describe what happens if there's a breach of the agreement?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And that includes whether the government breaches the agreement or whether the defendant breaches the agreement, right?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: And what happens if you breach the agreement?
STEPHEN SILVA: Then I won't get the 5K1.
MR. CHAKRAVARTY: And you -- what could happen to you in terms of what you have told the government?
STEPHEN SILVA: It can be used against me.
MR. CHAKRAVARTY: What is the agreement, to your understanding?
STEPHEN SILVA: The agreement, to my understanding, is, if I give a truthful testimony, I stand my best chance at sentencing.
MR. CHAKRAVARTY: Can we go to Page 2, please? Sorry. Page 3. Page 4.
MR. CHAKRAVARTY: As we page through this plea agreement, does this carefully lay out the details of what the agreement is with the government?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Page 5.
MR. CHAKRAVARTY: Is this where it says what the sentencing recommendation might be?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Does it say it will be within the guidelines?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: When Miss Conrad asked you some questions, something she put up on the screen, was that something that you had written? She asked you to read something that was put up on the screen aside from the plea agreement.
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Was the item that was put up on the screen something that you wrote yourself?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: What was it?
STEPHEN SILVA: It was the report.
MR. CHAKRAVARTY: Did you write the report?
STEPHEN SILVA: I didn't write the report, no. It wasn't written by me.
MR. CHAKRAVARTY: So some agent wrote the report?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: Had you seen that report before?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: The statements that were being read to you, was that refreshing your memory as to what you told the police?
STEPHEN SILVA: Yes.
MR. CHAKRAVARTY: That's all I have, your Honor.
MS. CONRAD: Some questions.
RECROSS-EXAMINATION BY MS. CONRAD:
MS. CONRAD: Mr. Silva, so it's your understanding under your plea agreement that if you do one of the things that's listed in there and the government doesn't like it, they can cancel your plea agreement, right?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: It's your understanding of the plea agreement that, if you lie or commit a crime, they won't file a 5K for you, right?
STEPHEN SILVA: Yes.
MS. CONRAD: And that portion about sentence recommendation that Mr. Chakravarty showed you, by the way, that says, "If the government doesn't file a 5K motion, it will recommend a sentence within the guidelines," right?
STEPHEN SILVA: Yes.
MS. CONRAD: And you have, in fact, lied to them, right?
STEPHEN SILVA: Yes.
MS. CONRAD: You lied to them about the robbery, right?
STEPHEN SILVA: Yes.
MS. CONRAD: Oh, and by the way, you said that you saw the defendant's sister-in-law when you were at the Norfolk Street apartment?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained. Scope.
MS. CONRAD: And the plea agreement says very clearly that if you do not -- well, strike that. And you also -- since you've been down at the jail, you've done a few things that are certainly illegal, right?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: Well, it has to do with violating the plea agreement, your Honor.
MS. CONRAD: Well, okay. Have you -- in fact, you have violated the terms of the plea agreement?
MR. CHAKRAVARTY: Objection. Argumentative.
THE COURT: Again, the objection is sustained.
MS. CONRAD: Has the government informed you that it is going to cancel your plea agreement?
MS. CONRAD: Has the government told you that, because you've lied, they're not interested in filing a 5K?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: You may answer.
MS. CONRAD: Has the government told you that, because you discussed having friends use fake IDs to come visit you, they're canceling the 5K?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: Has the government told you that, because you have been making homemade alcohol --
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: And your plea agreement says that, unless the government files a motion, the judge has no choice but to give you five years minimum?
MR. CHAKRAVARTY: Objection.
THE COURT: You may answer that.
MS. CONRAD: Right?
STEPHEN SILVA: Yes.
MS. CONRAD: I don't have anything further. Thank you, Mr. Silva.
THE COURT: All right. Mr. Silva, you're excused.
MS. PELLEGRINI: United States calls Special Agent Michael Nealon.
COURT CLERK: Sir, step up here, please.