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2015 Federal Trialtrial-daytrial-dayAloke ChakravartySteven D. MellinNadine PellegriniWilliam D. WeinrebMiriam ConradWilliam W. FickTimothy G. WatkinsKenneth BentonChristopher DerksChristian FierabendKimberly FranksHeidi WilliamsOlga LaFondMuna ShishanidirectcrossredirectrecrosssidebarDay 39 - March 25, 2015Agents testified about dorm-room and apartment searches, purchase records, GPS data, and a landfill backpack recovery, while cross-examination addressed attribution and handling limits. Language specialists and an FBI agent discussed translations and digital messages. The court limited several exhibits' use and denied renewed residence-related discovery relief.
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Day 39 - March 25, 2015

Search Evidence, Purchase Records, and Digital Messages

Judge George A. O'Toole Jr.
32Proceedings
11Pages
7Witnesses
2,712Lines
8Sidebars
Day 39 of 67
Appearing:

Agents testified about dorm-room and apartment searches, purchase records, GPS data, and a landfill backpack recovery, while cross-examination addressed attribution and handling limits. Language specialists and an FBI agent discussed translations and digital messages. The court limited several exhibits' use and denied renewed residence-related discovery relief.

Full day summary

Kimberly Franks completed testimony about the dorm-room search, identifying a notebook, book, copper BBs, and a firework admitted into evidence. On cross-examination, she said the fireworks were in plain view and that she found no actual firearms, actual ammunition, or gun-cleaning kit. Christopher Derks described the search at 410 Norfolk Street and identified tools, documents, and other seized items. He explained that tools were collected for possible laboratory comparison, not analyzed during the search. The court instructed jurors that a photograph's residence caption was not evidence that the defendant lived there. It admitted grouped notebooks only for their existence, not the truth of their contents, and excluded a publication offered as context for Tamerlan Tsarnaev's radicalization without a more direct connection to the defendant. Derks described documents associated with several people and declined a handwriting comparison because he was not an expert. After a stipulation concerning Dun Meng's Mercedes-Benz and admission of a wallet-content exhibit, Christian Fierabend compared pressure-cooker and BB purchase records with GPS data. He could not identify the vehicles, occupants, or purchasers from those comparisons. He described a receipt for Ful and JanSport backpacks and recoveries of those brands at separate crime scenes, without identifying the recovered backpacks as the particular items purchased. On cross-examination, he said Target surveillance showed one shopper, whom he described as closely resembling Tamerlan and believed was Tamerlan in a close-up. On redirect, he acknowledged that the exhibits and data did not establish who drove or used the vehicles or placed items inside them. Kenneth Benton described recovering a JanSport backpack at Crapo Landfill on April 26. It contained university paperwork belonging to the defendant, fireworks, and a thumb drive found later. Benton stopped his initial inspection after seeing one canister and called a bomb technician. Cross-examination addressed landfill compaction, rain, and machinery use. Benton had not seen the contents before disposal. Language specialists Olga LaFond and Muna Shishani testified about translations and vocabulary. LaFond had reviewed almost all the translations rather than prepared them herself and had not researched the literary or musical sources proposed during cross-examination. Shishani acknowledged that isolated words could lack context and that Chechen speakers commonly use Arabic expressions. Heidi Williams read already-admitted messages and selected Internet-activity entries. Messages attributed to the defendant discussed politics, education, Jannah, and an unspecified plan; another correspondent expressly discussed jihad. Williams had not extracted the messages or substantially researched the surrounding conversations. She declined to identify Tima as Tamerlan. Additional conversational material was marked for identification, with admissibility left for review. At sidebar, the court denied renewed residence-related discovery relief, agreed to review a request to display Martin Richard's clothing, and said a Rule 12.2 order would issue by day's end.

3. Christopher Derks — Cross/Redirect/Recross (Part 2)

FBI agent Christopher Derks completed testimony about the Norfolk Street search. Cross-examination addressed the rooms and seized materials, while redirect and recross clarified evidence of multiple occupants and belongings associated with family members.

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Cross
Christopher Derks — Cross (resumed appearance) Christopher Derks Miriam Conrad
401 lines

Derks qualified his search knowledge and photograph recollections. The Court limited notebook evidence, excluded the Sovereign publication, and admitted Tamerlan's travel receipt.

1 sidebar inside this proceeding
  1. Magazine Relevance and Notebook Exhibit NumberingThe defense argued that a highlighted magazine provided context for Tamerlan Tsarnaev’s radicalization and sought separate exhibit numbers for notebooks.
Redirect
Christopher Derks — Redirect Christopher Derks Aloke Chakravarty
25 lines

Derks confirmed identifying documents in Room H but declined a handwriting comparison. The Court overruled a scope objection, and two exhibit numbers were corrected.

Recross
Christopher Derks — Recross Christopher Derks Miriam Conrad
23 lines

Derks confirmed household materials associated with Tamerlan and Katherine Tsarnaev. A fingerprint question was excluded, and an identification exhibit was renumbered.

Highlights

5. Christian Fierabend — Direct (Part 1)

FBI Agent Christian Fierabend compared purchase records with GPS stops, while acknowledging that the data did not identify purchasers or occupants. He also discussed equipment and backpack records, and the Court admitted exhibits with a GPS-caption correction.

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Direct
Christian Fierabend — Direct Christian Fierabend William D. Weinreb
447 lines

Fierabend compared pressure-cooker and BB purchases with GPS stops but could not identify the purchasers. He also described records associated with Tamerlan, backpack receipts, and contested exhibit and holster questions.

1 sidebar inside this proceeding
  1. GPS Chart Caption and Vehicle IdentificationThe defense challenged the GPS chart’s hijacked-vehicle label as pejorative and potentially confusing about which vehicle the device had been used in.
sidebar
Holster Receipt Objection and Jury Instruction Request
17 lines

The defense objected to holster-related hearsay involving a receipt and requested an instruction telling jurors to disregard the mention.

Procedural
Reminder That Unanswered Questions Produce No Evidence
3 lines

Highlights

6. Christian Fierabend — Cross/Redirect (Part 2)

Christian Fierabend discusses vehicle evidence and Target footage of a two-backpack purchase, with qualifications about identification and receipt verification. On redirect, he acknowledges that the evidence did not establish who drove or used the vehicles.

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Cross
Christian Fierabend — Cross Christian Fierabend Timothy G. Watkins
123 lines

Fierabend confirmed that one shopper bought two backpacks at Target and qualified his identification of Tamerlan. Five defense images were admitted; vehicle evidence and receipt verification were also examined.

Redirect
Christian Fierabend — Redirect Christian Fierabend William D. Weinreb
17 lines

Fierabend clarified vehicle registrations and acknowledged that the examined evidence did not identify vehicle users or who placed items inside.

sidebar
Holster Receipt and Recovery Questions
15 lines

Counsel disputed whether the holster receipt was in evidence and whether using it would permit government questions about recovery of a holster.

Procedural
Fierabend Excused and Lunch Recess
11 lines

Highlights

10. Heidi Williams — Direct/Cross

Heidi Williams read admitted messages and Internet-activity report entries, then faced questions about omitted context. Additional messages were marked as Defense Exhibit 1387A for identification, with admissibility left for review.

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Direct
Heidi Williams — Direct Heidi Williams Aloke Chakravarty
130 lines

Williams read admitted text messages and laptop Internet records, acknowledged limits to her review, and confirmed that the January correspondent was not Tamerlan.

Cross
Heidi Williams — Cross Heidi Williams William W. Fick
57 lines

Williams could not identify Tima as Tamerlan and corrected counsel's description of a message. Additional conversation pages were marked for identification, with admission left for review.

sidebar
Early Adjournment and Next-Day Witness Planning
43 lines

Counsel discussed next-day explosives witnesses, search-item authentication, a longer text-conversation exhibit, and scheduling if the government finished the next day.

Procedural
Early Jury Dismissal and Evening Admonition
6 lines

Highlights

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