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2015 Federal TrialtranscripttranscriptChristian Fierabend — Cross/Redirect (Part 2) - Day 39 - 2015 Federal TrialChristian 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.
Steven D. MellinWilliam D. WeinrebTimothy G. WatkinsGeorge A. O'Toole Jr.Christian FierabendMR. WATKINSChristian FierabendMR. WEINREBTHE COURTCourt ClerkMR. MELLINcrossredirectsidebarprocedural
2015 Federal Trial/Day 39/March 25, 2015
11 pages·7 witnesses·2,712 lines
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.
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CrossCrossChristian Fierabend — Cross Christian Fierabend Timothy G. Watkins

CROSS-EXAMINATION BY MR. WATKINS:

MR. WATKINS: Good afternoon, Agent. You're aware over the course of this investigation there were many searches and many records retrieved from various spots and organizations?

MR. WATKINS: There were, as we've heard, searches of 410 Norfolk Street. There were also searches of automobiles outside of 410 Norfolk Street?

CHRISTIAN FIERABEND: That's correct.

MR. WATKINS: One of those was of a Honda CR-V that was registered to Tamerlan Tsarnaev?

MR. WATKINS: And there was a search also of a Honda Odyssey out on the street which was registered to Anzor Tsarnaev?

MR. WATKINS: And you know from the investigation that an Anzor Tsarnaev is the father of Tamerlan and Jahar Tsarnaev?

MR. WATKINS: Inside the CR-V the evidence recovery team took certain pieces of evidence, correct?

MR. WATKINS: We heard about the RC Cars of Boston receipt came from inside Tamerlan's Honda CR-V, right?

MR. WEINREB: I object to -- no, never mind. I take it back.

THE COURT: Go ahead.

BY MR. WATKINS:

MR. WATKINS: That RC Cars' receipt we saw that Mr. Weinreb pointed out was inside of that Honda CR-V?

MR. WATKINS: Other item were found inside of the CR-V also, right? A series of items?

MR. WATKINS: There were, for example, gloves found, latex gloves found within that Honda CR-V?

CHRISTIAN FIERABEND: Yes, I do believe there were gloves found there.

MR. WATKINS: If I could just have it for the witness, your Honor.

MR. WATKINS: I'm very sorry. My computer has not yet woken up this morning. It will get there.

And while I'm waiting for it, you know from your work at the FBI and your training and experience that once items are found in the Honda CR-V, or any item, they would be sent to the Quantico laboratory for analysis?

CHRISTIAN FIERABEND: Yes, if they're deemed to have items of value on them. Some items are sent to Quantico, yes.

MR. WATKINS: For example, what I'm showing you in this picture here, which has a Q number of 667 -- you know what a Q number is?

MR. WATKINS: And a Q number is what it's assigned once a piece of -- an item of potential evidence comes into the Quantico laboratory, right?

MR. WATKINS: And this is the picture in the Quantico laboratory of the gloves that were found in Tamerlan Tsarnaev's CR-V?

CHRISTIAN FIERABEND: Yes, I believe so.

MR. WATKINS: May we admit this photograph as Defendant's Exhibit 3099 and publish it to the jury.

MR. WEINREB: No objection.

(Defense Exhibit No. 3099 received into evidence.)

BY MR. WATKINS:

MR. WATKINS: So again, once the evidence recovery team got this item, they would send it down to Quantico for further analysis, correct?

MR. WATKINS: And of course you know from -- this investigation involved explosive powders and explosive devices, right?

MR. WATKINS: Just for the witness again, your Honor.

MR. WATKINS: Showing you Defendant's Exhibit 3100, is that also a latex glove that you know to have been found in the Honda CR-V?

CHRISTIAN FIERABEND: Yes, I believe so.

MR. WATKINS: And also going on to Exhibit 3101, is that also a glove found in the Honda Civic that was identified -- I'm sorry -- the Honda CR-V with -- identified with a Q number of 671?

MR. WATKINS: I'd move items Defendant's Exhibit 3100 and 3101 into evidence and ask to publish them to the jury.

MR. WEINREB: No objection.

(Defense Exhibit Nos. 3100 and 3101 received into evidence.)

BY MR. WATKINS:

MR. WATKINS: So this glove -- again, we see some black discoloration on it. That would have gone down to the Quantico laboratory for analysis?

MR. WATKINS: And 3101, the same thing, would have gone down to the Quantico laboratory for any kind of analysis that they wanted to do on that item?

MR. WATKINS: In addition to actual physical evidence found or tangible things found in the CR-V and the Odyssey that were parked at 410 Norfolk, you're aware that the evidence recovery team also took vacuums through those automobiles?

CHRISTIAN FIERABEND: I believe they did, yes.

MR. WATKINS: And those are specific tools to gather up particles and dust, whatever might be of evidentiary value, right?

MR. WATKINS: And what is produced at the end of that kind of search where they vacuumed to look for specific particles is a trace filter -- what's called a vacuum trace filter?

MR. WATKINS: And again, you know that ordinarily those items would be sent down to Quantico for analysis by chemists and others there?

MR. WATKINS: And here those items would be Q669, which was a trace filter from the Tamerlan Tsarnaev Honda CR-V, and 733, a vacuum filter from Anzor Tsarnaev's Honda Odyssey?

CHRISTIAN FIERABEND: Do you have a photo of them?

MR. WATKINS: I do not because they are vacuum filters. But do you know that vacuum traces were sent to each of those -- trace filters were sent from each of those cars?

CHRISTIAN FIERABEND: I believe they were.

MR. WATKINS: Mr. Weinreb put in this receipt from Target from April 14, 2013, at 4:06 p.m. Do you recall that?

MR. WATKINS: This is Exhibit 948-575.

Were you aware that other agents went to the Target in Watertown to try to obtain surveillance video?

MR. WATKINS: And were they indeed successful in obtaining surveillance video?

MR. WATKINS: Did you personally look at that surveillance video or did others?

CHRISTIAN FIERABEND: I have seen it in the past, yes.

MR. WATKINS: As part of the -- the surveillance video from Target has many, many cameras. Is that fair to say?

MR. WATKINS: And there is an individual walking through the store and purchasing -- first selecting and then purchasing two backpacks within the store?

MR. WATKINS: And that is consistent again with this receipt that we have before us of two backpacks?

MR. WATKINS: And those surveillance video cameras follow him all the way through the checkout process and then back outside of the store, correct?

MR. WATKINS: As part of what was captured from the Watertown Target, there were pictures of someone leaving through the exit vestibule?

CHRISTIAN FIERABEND: Yes. As part of the video, yes.

MR. WATKINS: Just for the witness, your Honor.

MR. WATKINS: Showing you what is Defendant's Exhibit 3096, is that one of the still photographs from the video that you saw of the exit vestibule?

MR. WATKINS: And indeed it says "4/14/2013 at 4:07 p.m., exit vestibule"?

MR. WATKINS: And again, that's consistent with that receipt that we saw from Target, right?

MR. WATKINS: I would move for admission of Defendant's Exhibit 3096.

THE COURT: Any objection?

MR. WEINREB: No, your Honor.

(Defense Exhibit No. 3096 received into evidence.)

BY MR. WATKINS:

MR. WATKINS: And I'm now showing you Defendant's Exhibit 3097. This is a close-up photograph from the exit vestibule at the Target on April 14th, the day before the bombing?

MR. WATKINS: And in those videos that you observed, and also in these photographs, there was just one person in the store; it wasn't with -- one person with this person. There was not two people buying the backpacks, correct?

MR. WATKINS: I'd move to admit Defendant's Exhibit 3097.

MR. WEINREB: No objection.

(Defense Exhibit No. 3097 received into evidence.)

MR. WATKINS: May we publish 3096 first to the jury.

BY MR. WATKINS:

MR. WATKINS: And that is the person with a bag walking out of the Target in Watertown the day before the bombing at 4:07 p.m.?

MR. WATKINS: And do you recognize who that is, having worked on this case?

MR. WATKINS: And who is it?

CHRISTIAN FIERABEND: It's an individual that closely resembles Tamerlan Tsarnaev.

MR. WATKINS: Showing you Defendant's 3097, that's a close-up of a similar picture going through that vestibule. That's also Tamerlan Tsarnaev?

CHRISTIAN FIERABEND: I believe so, yes.

MR. WATKINS: May I have one more item, your Honor, just for the witness.

MR. WATKINS: The agents that went to the Watertown Target also obtained verification from the store side of that receipt that we saw. Is that correct?

CHRISTIAN FIERABEND: I'm actually not sure exactly what they did for verification.

MR. WATKINS: But you see what is in front of you which talks about a transaction log, and it has the same items that were in the original receipt that we saw, 948-575?

MR. WATKINS: In fact, maybe I can put them both up here. So I'm blowing up a portion of 948-575. I'm going to try to blow up this portion of the receipt.

These are substantially identical as far as the amount of money paid and the SKU numbers?

MR. WATKINS: That's all I have, your Honor. Thank you.

RedirectRedirectChristian Fierabend — Redirect Christian Fierabend William D. Weinreb

REDIRECT EXAMINATION BY MR. WEINREB:

MR. WEINREB: So, Agent, you were asked about three cars. One is a -- was a Honda Civic registered to Anzor Tsarnaev. That's where the wallet was found?

CHRISTIAN FIERABEND: I don't know who the Civic is registered to, but I believe the Civic is where the wallet was found, yes.

MR. WEINREB: And then there's a Honda Odyssey registered to Anzor Tsarnaev?

MR. WEINREB: And there's a Honda CR-V registered to Tamerlan Tsarnaev?

MR. WEINREB: And the exhibits and data you've looked at today in court, that doesn't tell you who was driving the car at any particular time, does it?

MR. WEINREB: Or who put items in the car at any particular time?

MR. WEINREB: Or whether the car was used more by one person or more by another person?

MR. WEINREB: Or what dates and times it might have been used by particular people?

MR. WEINREB: Your Honor, may we approach the bench on just one last thing?

THE COURT: All right.

sidebarsidebarHolster Receipt and Recovery Questions

(Discussion at sidebar and out of the hearing of the jury:)

MR. WEINREB: I have to confess that the conversation we had earlier about the holster was unique in my experience in litigation, so it's left me a little confused about what's in and what's out. My understanding was that the defense was saying that the holster is entirely out of the case, and I just want to make sure.

THE COURT: That's what I thought.

MR. WEINREB: I want to make sure that's the case.

THE COURT: It's not going to come back later, in other words?

MR. WEINREB: That the defense wants to get the receipt for the holster in but block the government from asking whether it was recovered or anything like that.

MR. WATKINS: The receipt itself is in, right?

THE COURT: No, I don't think so. I think -- I'd have to go back and look.

MR. WEINREB: Well, the entire contents of the wallet came in.

MR. WATKINS: Perhaps -- it is one o'clock right now. Perhaps we could think about it a little bit and think of a way out of it.

MR. WEINREB: Well, I mean, I think if the defense wants to make an issue that the receipt for a holster was found in Tamerlan's wallet, I think it's only fair for the government to be able to ask questions whether a holster was found on Tamerlan or anywhere else. If the holster is completely out of the case, we don't have any objection to that, but otherwise, it's speculative.

THE COURT: Why don't you talk about it and see what the issue is after that, and we can discuss it after that.

Other than that, you're finished with the witness?

THE COURT: Yeah. Okay.

ProceduralProc.Fierabend Excused and Lunch Recess

(In open court:)

MR. WEINREB: Your Honor, the government has no further questions for Agent Fierabend at this time.

THE COURT: Okay. Agent, you may step down.

(The witness is excused.)

THE COURT: And, ladies and gentlemen, we'll take the luncheon recess.

COURT CLERK: All rise for the Court and the jury. The Court will take the lunch recess.

(The Court and jury exit the courtroom and there is a luncheon recess at 12:59 p.m.)

COURT CLERK: All rise for the Court and the jury.

(The Court and jury enter the courtroom at 2:15 p.m.)

COURT CLERK: Be seated.

MR. MELLIN: The United States calls Agent Kenneth Benton.

Continue to next page7.Kenneth Benton — Direct/Cross/Redirect