10.Kimberly Franks — Direct (Part 1)
351 linesKIMBERLY FRANKS, Sworn
COURT CLERK: Have a seat. State your name. Spell your last name for the record. Keep your voice up and speak into the mic, okay?
KIMBERLY FRANKS: Kimberly Franks, F-r-a-n-k-s.
DIRECT EXAMINATION BY MS. PELLEGRINI:
MS. PELLEGRINI: Miss Franks, will you tell the jury by whom you are employed?
KIMBERLY FRANKS: The FBI.
MS. PELLEGRINI: In what capacity?
KIMBERLY FRANKS: I'm a supervisory special agent at FBI headquarters in the Criminal Investigative Division.
MS. PELLEGRINI: FBI headquarters is located where?
KIMBERLY FRANKS: Washington, D.C.
MS. PELLEGRINI: How long have you held that position?
KIMBERLY FRANKS: Approximately one year.
MS. PELLEGRINI: And prior to that?
KIMBERLY FRANKS: I was an agent at the Washington field office in Washington D.C.
MS. PELLEGRINI: How long did you hold that position?
KIMBERLY FRANKS: Approximately seven years.
MS. PELLEGRINI: Can you give us some of your educational background, please?
KIMBERLY FRANKS: Yes. I went to undergraduate at Campbell University. I went to law school at Wake Forest University. And I practiced law as a corporate attorney for about seven years before joining the Bureau.
MS. PELLEGRINI: With your current assignment with the FBI, what are your duties?
KIMBERLY FRANKS: I am in the Financial Institution Fraud Unit. So I program manage our money laundering units, our asset forfeiture, our mortgage fraud and bank fraud investigations, in various field offices throughout the country.
MS. PELLEGRINI: So I want to focus also on another duty which you may have, and that relates to the ERT, the evidence recovery?
KIMBERLY FRANKS: Correct.
MS. PELLEGRINI: Do you have duties relating to that aspect?
KIMBERLY FRANKS: Currently, I do not. While I was an agent at Washington field offices, I was on the Evidence Response Team.
MS. PELLEGRINI: We've heard a lot about Evidence Response Team, or ERT. Just briefly, what training did you have?
KIMBERLY FRANKS: I went to what's called ERT basic, which is 80 hours of crime scene investigation. I also had monthly training on our ERT team at WSO. And I went to post-blast investigation, which is a week-long course, to investigate post-blast scenes.
MS. PELLEGRINI: Did you still have those duties as a potential ERT member in April of 2013?
KIMBERLY FRANKS: Yes, I did.
MS. PELLEGRINI: And in that capacity, did you have occasion to respond to Boston in April of 2013?
KIMBERLY FRANKS: Yes, I did.
MS. PELLEGRINI: When did you come to the Boston area?
KIMBERLY FRANKS: We came approximately a day after the blast. We had been notified immediately after the blast that we would probably be deployed. And it took about a day to get all of our equipment together and get organized and get on the plane to come up.
MS. PELLEGRINI: Was your specific task at that time to be a member of an ERT team?
KIMBERLY FRANKS: Yes. It was as a member of the Washington field office ERT team.
MS. PELLEGRINI: And with respect to those duties then, did you have occasion on April 21 of 2013 to respond to the UMass campus in Dartmouth?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: What time did you arrive at that location?
KIMBERLY FRANKS: It was past midnight; maybe 1 or 2 in the morning.
MS. PELLEGRINI: What were your specific duties?
KIMBERLY FRANKS: I was assigned to be a searcher at the search scene, which was the dorm room.
MS. PELLEGRINI: And do you know what dorm room you went to?
KIMBERLY FRANKS: I went to the -- Dzhokhar Tsarnaev's dorm room.
MS. PELLEGRINI: If I give you a casebook, would that refresh your recollection as to the name of the dorm and the dorm room?
KIMBERLY FRANKS: Yes. It was Pine Dale Hall.
MS. PELLEGRINI: Thank you. Let me just give you the casebook.
KIMBERLY FRANKS: Thank you.
MS. PELLEGRINI: I ask you to look at that and ask you if that refreshes your recollection as to the dorm room number.
KIMBERLY FRANKS: Yes. It was Room 7341.
MS. PELLEGRINI: Thank you. Now, Agent Franks, with respect to the team that responded to that location, how many members were on that team?
KIMBERLY FRANKS: There was approximately seven or eight members.
MS. PELLEGRINI: And your job as a searcher meant what?
KIMBERLY FRANKS: It meant that my only responsibility was to search the actual room. So we have other members that do various other tasks, such as sketch or various things, and my role was just to search.
MS. PELLEGRINI: And in doing so, were you able though to observe the performance of the other members on the team and speak with them about what they were doing?
KIMBERLY FRANKS: Yes. On a search, especially this one, we worked very closely together. And you know what the sketch artist is doing. You know what the team leader is doing. There's a lot of communication back and forth, and I was aware of what the other team members were doing.
MS. PELLEGRINI: With respect to your entry to that room -- first of all, let me ask you: When you got there, was the room secured?
KIMBERLY FRANKS: Yes, it was.
MS. PELLEGRINI: By whom and in what way?
KIMBERLY FRANKS: There were FBI agents there that had been posted there. They were from New York. There was also a campus security guard.
MS. PELLEGRINI: With respect to your entry into the dorm room, did you enter under lawful authority?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Now, you also just mentioned about sketches and diagrams.
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: That was done once you were in the room, is that correct?
KIMBERLY FRANKS: Correct. That process typically takes place as we're doing the searching.
MS. PELLEGRINI: For the witness and counsel only, your Honor, although a portion of it is in evidence. May I have Exhibit 620?
MS. PELLEGRINI: Agent Franks, with respect to the image on the screen in front of you, do you recognize that image?
KIMBERLY FRANKS: Yes, I do.
MS. PELLEGRINI: Just generally tell us what are you looking at.
KIMBERLY FRANKS: I am looking at a diagram of the dorm room that we searched in Pine Dale Hall.
MS. PELLEGRINI: And with respect to this diagram, have you had occasion to determine whether or not it fairly and accurately represents the layout of the dorm room, including where objects were in relation to one another, when you entered and when the search was performed on April 21st?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Have you also had occasion to review all of the photographs that are enclosed in this graphic?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Do they fairly and accurately represent the scene as you saw them during the course of the search?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Your Honor, I would at this time offer Exhibit 620, this portion of Exhibit 620, which is called the Dartmouth dorm room.
MS. CONRAD: May we be heard at sidebar for a moment, please?
MS. PELLEGRINI: Take that down, Mr. Bruemmer.
(SIDEBAR CONFERENCE AS FOLLOWS:
THE COURT: Is that package 620 that you gave her?
MS. PELLEGRINI: No, sir.
THE COURT: You're talking about -- sounds like a multiple-page document.
MS. PELLEGRINI: No, no. It's a document. The image in front of her -- I'm sorry, your Honor -- was 620. We call it the 2D interactive. Previously, portions of it had been entered into evidence when we did the Boylston Street scene, the evidence recovery. This is another graphic that is included in this, which is of the same nature. I thought you could see it on your screen.
THE COURT: It's another chapter in the book.
MS. PELLEGRINI: It's another chapter. It's another layer.
MS. CONRAD: We filed a motion to suppress the search of the dorm room, so I just want to register that objection to, again, preserve the record.
THE COURT: It's been ruled on.
MS. CONRAD: Right. I understand that. I just want to make sure it hasn't been waived, and we're preserving the objection. And also two other things, one general and one specific. I think that to the extent the government is using this interactive it should be treated as a chalk as opposed to an exhibit.
And, second of all, one of the images, I believe, that's embedded, if you will, in that -- or maybe two of them -- in that interactive is the document that Mr. Tsarnaev wrote in January of 2013, to which there was a previous objection. So to the extent that another image is coming at this point --
THE COURT: Same thing?
MS. CONRAD: Same, right, right. As far as the chalk --
THE COURT: I don't remember previous use of it.
MS. PELLEGRINI: Your Honor, if I could refresh your recollection on the Boylston part. It's similar to what we have here. So we have an exhibit that basically lays out for the jury a way of organizing what we would normally put in, a number of photographs that -- you can click on a spot.
THE COURT: This is the same exhibit, is that --
MS. PELLEGRINI: It's the same exhibit, but it's a different portion of it.
THE COURT: No, I understand that. All the interactives are in one even though they relate to different topics?
MS. CONRAD: There's different foundations for each one. I mean, on Boylston Street, that had to do with where certain cameras were and so forth. On this, it's basically providing a view. I don't have an objection to the photographs. I have an objection to the chalk itself.
THE COURT: We did treat the other as a summary and admitted it as an exhibit.
MS. CONRAD: I'm not sure that the Boylston Street was ever admitted because there was an objection.
MS. PELLEGRINI: It was admitted. It was overruled and admitted.
THE COURT: I think we did. So I'll be consistent and apply that to this as well.)
. . . END OF SIDEBAR CONFERENCE.)
MS. PELLEGRINI: May I have that back on the screen, Mr. Bruemmer?
MS. PELLEGRINI: Miss Franks, I think the last thing I asked you about was about the photographs that are attached or able to be viewed through this graphic, is that correct?
KIMBERLY FRANKS: That is correct.
MS. PELLEGRINI: You indicated that you have reviewed those; and, in fact, those are the photographs that fairly and accurately represent the status and state of the dorm room during the course of the search, is that correct?
KIMBERLY FRANKS: That's correct.
MS. PELLEGRINI: Your Honor, I would offer this as the second portion or third portion of Exhibit 620, which relates to the Dartmouth dorm room and ask that it be published to the jury so that I can work with it.
THE COURT: Okay. My only question is: Is there a way of identifying the parts to the whole?
MS. PELLEGRINI: Yes, there is, your Honor. On the left-hand side of the screen when it appears, there's a bar, which basically leads to an index. And when that is -- I don't know if it's in front of the Court at the moment. But when that is clicked, it leads to an index, and you can see how it is divided up and that the layers are identified.
THE COURT: Okay. This index that you've now shown is specific to the UMass Dartmouth dorm room?
MS. PELLEGRINI: No. The index includes a way of -- basically, it's a little map.
THE COURT: Never mind. I can read the --
MS. PELLEGRINI: Okay.
THE COURT: Okay. All right. Well -- so on the index, there is a heading, "Dartmouth Dorm Room."
MS. PELLEGRINI: Correct.
THE COURT: Are you offering -- just so the record is clear, are you offering what is included under that heading in this exhibit?
MS. PELLEGRINI: Yes, your Honor, we are.
THE COURT: Okay. It's admitted. I just wanted to be sure it was clear what the dimensions of the admission was -- were.
MS. PELLEGRINI: Are or whatever.
THE COURT: Go ahead.
MS. PELLEGRINI: Thank you.
(Government's Exhibit No. 620 received into evidence.)
MS. PELLEGRINI: Is that up and now open before the jury, please, your Honor?
MS. PELLEGRINI: All right. Agent Franks, with respect to Exhibit 620, can you tell us what we're looking at now that the jury can see the image before them?
KIMBERLY FRANKS: We are looking at a representation of the dorm room at Pine Dale Hall, Room 7341.
MS. PELLEGRINI: With respect to that portion that you searched, if I move my mouse over, little boxes appear. Do you see that?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Are those, in fact, related to areas where the search team recovered items and took those items into their possession?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: I'm going to go to the first one where a label appears as "Shelf." Do you recall that area?
KIMBERLY FRANKS: I do.
MS. PELLEGRINI: Now, the screen has split, and we have the graphic of the dorm room on the left-hand side and the desk shelf on the right-hand side, is that correct?
KIMBERLY FRANKS: That's correct.
MS. PELLEGRINI: Do these photos, of which there are two, fairly and accurately represent what you saw as you entered the dorm room and what was seized that day?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: What are we looking at here for desk shelf?
KIMBERLY FRANKS: We are looking at a shelf beside his bed -- beside the bed. It is Evidence Item No. 25 that we found, which was a box.
MS. PELLEGRINI: And do you recall what was in the box?
KIMBERLY FRANKS: BBs.
MS. PELLEGRINI: And what's the little yellow square with the No. 25 on it?
KIMBERLY FRANKS: That's how we identify pieces of evidence as we're searching. We start with No. 1, and we work our way through as many items of evidence as we find.
MS. PELLEGRINI: So going to the second photo on the desk shelf, what are we looking at here?
KIMBERLY FRANKS: This is a close-up of the box of BBs that were found on the shelf.
MS. PELLEGRINI: May I have -- may I approach again, your Honor?
THE COURT: All right.
MS. PELLEGRINI: Agent Franks, I'd like you to look at what I've put in front of you which is marked for identification as Government Exhibit 1109. It's in a clear plastic bag. Do you recognize the contents therein?
KIMBERLY FRANKS: I do.
MS. PELLEGRINI: How do you recognize that?
KIMBERLY FRANKS: We have a label that we put on every item of evidence, and it has various items of information. One is my name and my initials.
MS. PELLEGRINI: So you actually processed this particular piece of evidence, is that correct?
KIMBERLY FRANKS: That's correct.
MS. PELLEGRINI: All right. And just in a very general way, what -- with respect to the picture on the graphic and the Placard No. 25, is this, in fact, the same item?
KIMBERLY FRANKS: Yes, it is.
MS. PELLEGRINI: Your Honor, the government would offer 1109.
MS. CONRAD: Just the previously raised issue.
THE COURT: All right. Admitted.
(Government's Exhibit No. 1109 received into evidence.)
MS. PELLEGRINI: Agent Franks, if you could open that, please? So you've removed two bags from the larger one, is that correct?
KIMBERLY FRANKS: That's correct.
MS. PELLEGRINI: All right. Can you tell us what we're looking at here?
KIMBERLY FRANKS: We are looking at the original box that was found in this bag. And then the BBs have been separated out into another bag.
MS. PELLEGRINI: The BBs, I believe, have a second government exhibit, is that correct?
KIMBERLY FRANKS: That's correct.
MS. PELLEGRINI: And that's 1110? Am I looking at that correctly?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Your Honor, the government would offer Exhibit 1110 as well.
THE COURT: All right. Same ruling.
(Government's Exhibit No. 1110 received into evidence.)
MS. PELLEGRINI: So this is the box and those are the BBs correct?
KIMBERLY FRANKS: That is correct.
MS. PELLEGRINI: You can put those back. Heading on to the second location in the graphic, we have an item labeled as "drawer," correct?
KIMBERLY FRANKS: Correct.
MS. PELLEGRINI: And what are we looking at here?
KIMBERLY FRANKS: This is the drawer that was also found next to the bed, and the drawer is opened with several evidence item numbers inside.
MS. PELLEGRINI: All right. See if we can get that -- it doesn't go any larger, unfortunately, in this. But what are we looking at here?
KIMBERLY FRANKS: It looks like --
MS. PELLEGRINI: A close-up of the same photo?
KIMBERLY FRANKS: Yes, that's correct.
MS. PELLEGRINI: All right. And what are we looking at in this graphic?
KIMBERLY FRANKS: This is Evidence Item No. 15, which consisted of a receipt from Dick's Sporting Goods.
MS. PELLEGRINI: Do you know what this is for?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: What is this receipt for?
KIMBERLY FRANKS: It is for a Smith & Wesson and then the warranty plan that was purchased with it.
MS. PELLEGRINI: Showing you what's been marked for identification as Government Exhibit 1241, do you recognize that item?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Is that the same item, in fact, that appears in the graphic, that is, the Dick's Sporting Goods receipt?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: How do you recognize it as such?
KIMBERLY FRANKS: Again, we have our items of information that we put on every piece of evidence when we seize it, and I recognize the information on the evidence tag.
MS. PELLEGRINI: All right. Could you open that one, please? So, for the record, you've removed two separate receipts, is that correct?
KIMBERLY FRANKS: That's correct.
MS. PELLEGRINI: Thank you. And this third item in the desk drawer, do you recognize this item?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: What are we looking at here?
KIMBERLY FRANKS: It was Item No. 16 that was collected, and it's the packaging for the Smith & Wesson BB gun.
MS. PELLEGRINI: All right. I'd like to show you what's been marked for identification as Government Exhibit 1244 and ask you if you recognize this packaging.
KIMBERLY FRANKS: I do.
MS. PELLEGRINI: Again, how do you do so?
KIMBERLY FRANKS: Because of the information that we put on our evidence label, which includes my name and initials.
MS. PELLEGRINI: All right. In fact, can you open this up for us, please? Agent Franks, for the record, could you describe what you've just taken out of the package?
KIMBERLY FRANKS: It is the packaging for a Smith & Wesson BB gun.
MS. PELLEGRINI: All right.
MS. PELLEGRINI: Your Honor, if I haven't done this, I offer 1244.
(Government's Exhibit No. 1244 received into evidence.)
MS. PELLEGRINI: When you say "a Smith & Wesson BB gun," what do you mean?
KIMBERLY FRANKS: That's the brand name and the type of weapon, as indicated on the packaging.
MS. PELLEGRINI: And does it also indicate that -- any usage of BBs?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Is that on the packaging?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: May I have Exhibit 934 already in evidence?
MS. PELLEGRINI: Agent Franks, I'm going to ask you to look at Exhibit 934 and ask you to hold that up. With respect to the item that's in Exhibit 934, is that, in fact, consistent with the packaging of the Smith & Wesson that we just looked at?
KIMBERLY FRANKS: Yes, it is.
MS. PELLEGRINI: Does it, in fact, have the name Smith & Wesson on it?
KIMBERLY FRANKS: Yes, it does.
MS. PELLEGRINI: I'll take some of these back. It's getting kind of crowded.
THE COURT: Miss Pellegrini, just to keep the accounting straight, I'm not sure you offered 1241, which were the receipts.
MS. PELLEGRINI: Then I do so, your Honor.
THE COURT: No objection?
MS. CONRAD: The same.
THE COURT: Just the same. Okay, fine.
(Government's Exhibit No. 1241 received into evidence.)
MS. PELLEGRINI: They're -- I'm sorry, your Honor. For the record, they went in?
THE COURT: 1241 and 1244 are in.
MS. PELLEGRINI: Thank you.
MS. PELLEGRINI: All right. Agent Franks, with respect to the next location in the dorm room, I have the mouse over an item marked "chair." Do you recognize this?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: And with respect to the photos being shown here, what are we looking at here?
KIMBERLY FRANKS: We are looking at a photo in the dorm room of the chair and then the desk behind it.
MS. PELLEGRINI: Going to the next photo, what is this item?
KIMBERLY FRANKS: This is Evidence Item No. 27, which was a black coat that was found on the chair in the dorm room.
MS. PELLEGRINI: I show you what's been marked for identification as Government's Exhibit 1232. Do you recognize that item?
KIMBERLY FRANKS: Yes, I do.
MS. PELLEGRINI: And this is what?
KIMBERLY FRANKS: This is the black jacket that was found on the back of the chair in the dorm room.
MS. PELLEGRINI: How do you recognize it as such?
KIMBERLY FRANKS: Again, the items of information that we put on all of our evidence items when we seize them.
MS. PELLEGRINI: I'm going to ask you to leave that there on the side for a second. Going to the space marked "shelf near bed" and the attendant pictures, do you recognize that area?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: And starting with the picture, do you recognize this area shown here?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: What do you recall was seized from this area?
KIMBERLY FRANKS: I recall papers, personal papers.
MS. PELLEGRINI: And what else?
KIMBERLY FRANKS: And also a hat.
MS. PELLEGRINI: And with respect to personal papers, now, why would you seize personal papers?
KIMBERLY FRANKS: This was to help establish which side of the room each of the individuals was living on.
MS. PELLEGRINI: Were you able to do that through review of the papers?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Were you able to establish that this, in fact, was Dzhokhar Tsarnaev's side of the room?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: And second picture here, do you recognize this item?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: What is this?
KIMBERLY FRANKS: This is Evidence Item No. 4, which is a thumb drive.
MS. PELLEGRINI: Showing you Exhibit 1247 marked for identification, do you recognize the packaging for this?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: And this is what?
KIMBERLY FRANKS: This is the Micro Center two-gigabyte thumb drive.
MS. PELLEGRINI: How do you recognize it as such?
KIMBERLY FRANKS: Again, the items of information that are on all of our evidence tags, which include my name and initials.
MS. PELLEGRINI: I'd ask you to open up --
MS. PELLEGRINI: Actually, your Honor, I would offer at this time Government's Exhibits 1247 and 1232.
THE COURT: Subject to the same objection, it's overruled and admitted.
(Government's Exhibit No. 1232 received into evidence.)
(Government's Exhibit No. 1247 received into evidence.)
MS. PELLEGRINI: All right. Agent Franks, it's a long way to the jury box. I'm going to ask you to take that out of the package and hold that up so the jury can see it.
KIMBERLY FRANKS: (Indicating.)
MS. PELLEGRINI: Is this, in fact, the thumb drive that's in the image on the screen now and was found in the Defendant Tsarnaev's dorm room?
KIMBERLY FRANKS: Yes, it is.
MS. PELLEGRINI: Next from the shelf near the bed, do you recognize these items?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: And what are these?
KIMBERLY FRANKS: These are cell phones.
MS. PELLEGRINI: And they were located in this area?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: By the way, Agent Franks, what's the purpose of the -- I can't write on this one -- of the measurement, the ruler at the bottom?
KIMBERLY FRANKS: We use those in our close-up photos just to get an idea of the size.
MS. PELLEGRINI: I'd like to show you what's been marked for identification as Government's Exhibit 1248 and 1251. Do you recognize those items?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: And what are they?
KIMBERLY FRANKS: It is two cell phones, one Samsung and one iPhone.
MS. PELLEGRINI: How do you recognize it -- them?
KIMBERLY FRANKS: The items of information that we put on our evidence tag, which include my name and initials.
MS. PELLEGRINI: Your Honor, the government would offer both Exhibits 1248 and 1251.
THE COURT: All right. Admitted. Which is which?
MS. PELLEGRINI: I'll let Agent Franks answer that question. Actually, she may not know.
KIMBERLY FRANKS: I don't think I do.
MS. PELLEGRINI: I'll have to go back to the exhibit list, your Honor. 1248 is the Samsung. I'm looking for the second. And 1251 is an iPhone.
THE COURT: Okay.
MS. PELLEGRINI: What is -- in this image, Agent Franks, what are we looking at here?
KIMBERLY FRANKS: This is Evidence Item No. 7, which was a white hat that was found on the bed in the dorm room.
MS. PELLEGRINI: And this image as well?
KIMBERLY FRANKS: The same item, just from the opposite side.
MS. PELLEGRINI: So if I go back, this is the image from the front with the brim, correct?
KIMBERLY FRANKS: Correct.
MS. PELLEGRINI: And the back --
KIMBERLY FRANKS: Correct.
MS. PELLEGRINI: -- of the hat?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: And, for the record, with respect to what the image indicates, is the logo or any identifying information on the hat, what does that read?
KIMBERLY FRANKS: Polo Ralph Lauren, MCMLXVII.
MS. PELLEGRINI: So showing you what's been marked for identification as Exhibit 1231, do you recognize that item?
KIMBERLY FRANKS: Yes, I do.
MS. PELLEGRINI: Is that, in fact, the hat in question?
KIMBERLY FRANKS: Yes, it is.
MS. PELLEGRINI: How do you recognize it as such?
KIMBERLY FRANKS: Again, the items of information that we put on our evidence tag, which include my name and initials.
MS. PELLEGRINI: Can you open that, please?
MS. PELLEGRINI: Before removing it from the other bag inside, your Honor, the government would offer Exhibit 1231 at this time.
THE COURT: All right. Same terms.
(Government's Exhibit No. 1231 received into evidence.)
MS. PELLEGRINI: Agent Franks, is that, in fact, the hat that was located in the defendant's dorm room?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Now, I note, for the record, that there appears to be a hole and a little marking in there, is that correct?
KIMBERLY FRANKS: That's correct.
MS. PELLEGRINI: Do you know -- actually, there's several. Do you know what those are from?
KIMBERLY FRANKS: I believe from the lab and any evidence techniques that they would have performed on it.
MS. PELLEGRINI: In fact, does this have what we call a Q number?
KIMBERLY FRANKS: Yes, it does.
MS. PELLEGRINI: Am I correct in saying that that would be a question item?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Is there also a laboratory sticker?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: So that meant that this item was sent to the laboratory in Quantico, Virginia?
KIMBERLY FRANKS: Correct.
MS. PELLEGRINI: For a minute, I'd just like to leave this exhibit. We'll come back to it.
MS. PELLEGRINI: And I'd like to go to Exhibit 22. I'd like to go to the first point, Mr. Bruemmer. This is already in evidence, your Honor. So it's up for the jury, I hope. 133. Thank you.
MS. PELLEGRINI: Agent Franks, do you see the image on the screen before you?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: And do you see the hat --
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: -- on the person in the center of the picture?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Is that hat consistent with the one that you found in the Defendant Tsarnaev's dorm room?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Can you go to the second point, Mr. Bruemmer, on the same exhibit?
MS. PELLEGRINI: And looking at the image that appears now, is that consistent with the hat, particularly the number and the styling on that white hat?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: And from the back, with the logo that appears -- it's backwards, so the logo of the horse and rider is on the back of the head, is that correct?
KIMBERLY FRANKS: Yes.
MS. PELLEGRINI: Is that also on the white hat that we just talked about?
KIMBERLY FRANKS: Yes, it is.
MS. PELLEGRINI: All right. Thank you, Mr. Bruemmer.
I still have a little ways to go, your Honor.
THE COURT: How much?
If you're that uncertain, why don't we break.
MS. PELLEGRINI: I don't like to be rushed.
THE COURT: We'll call it a day, jurors.
MS. PELLEGRINI: I have three more boxes.
THE COURT: Okay. Again, my instructions about no communications of any kind and exposure to media. We'll see you in the morning and continue with making progress with the case.
I do want to have a little bit of a lobby conference on scheduling.
(Whereupon, at 3:55 p.m. the trial recessed.)