2.Christopher Derks — Direct (Part 1)
643 linesCHRISTOPHER DERKS, 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.
CHRISTOPHER DERKS: My name is Christopher Derks. My last name is spelled D-e-r-k-s.
DIRECT EXAMINATION BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Where are you currently employed?
CHRISTOPHER DERKS: I'm currently employed with the FBI in Washington, D.C.
MR. CHAKRAVARTY: And you're an FBI special agent?
CHRISTOPHER DERKS: Yes, I am.
MR. CHAKRAVARTY: How long have you been an agent?
CHRISTOPHER DERKS: Just a little bit under 13 years.
MR. CHAKRAVARTY: What are your duties currently at the FBI?
CHRISTOPHER DERKS: Currently, I'm a member of the Washington field office's Evidence Response Team. I'm also the new team leader for Hazardous Material Response Team.
MR. CHAKRAVARTY: And the Evidence Response Team is the team that goes out and collects evidence at various crime scenes?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: Back in April of 2013, were you also part of the Evidence Response Team at the Washington field office of the FBI?
CHRISTOPHER DERKS: Yes, I was.
MR. CHAKRAVARTY: Did you have occasion to participate in a search at 410 Norfolk Street in Cambridge, Massachusetts?
CHRISTOPHER DERKS: Yes, I did.
MR. CHAKRAVARTY: Did you have lawful authority to do that?
CHRISTOPHER DERKS: Yes, we did.
MR. CHAKRAVARTY: Can you explain what day that was?
CHRISTOPHER DERKS: That was on April 19th.
MR. CHAKRAVARTY: Was that before or after the remaining suspect had been located?
CHRISTOPHER DERKS: It was before.
MR. CHAKRAVARTY: So did you and fellow agents from the Evidence Response Team respond to that apartment?
CHRISTOPHER DERKS: Yes, we did, a little bit after noon on that Friday.
MR. CHAKRAVARTY: Did somebody enter the apartment to secure the apartment before you entered to conduct your search?
CHRISTOPHER DERKS: Yes. An hour or so before we went in there, the members of our Hostage Rescue Team cleared the apartment, made sure it was safe to enter and that there was no devices in there that could hurt us.
MR. CHAKRAVARTY: Was anybody in there at the time?
CHRISTOPHER DERKS: No, there was not.
MR. CHAKRAVARTY: So did you make entry into the apartment?
CHRISTOPHER DERKS: Yes, we did.
MR. CHAKRAVARTY: And can you explain to the jury what you did, just generally?
CHRISTOPHER DERKS: Generally, photographs were -- started to be taken. Before most of the search team came into the apartment, myself and another agent, we swabbed various items for explosive residue. And after an hour or two, we began the search in earnest once our entry photos were taken care of.
MR. CHAKRAVARTY: What was your role in the search?
CHRISTOPHER DERKS: My role in the search, aside from being a generalist searching agent, I was what we call the seizing agent, where I saw every item that was seized. I saw it in place and would witness it in place, and then I would sign the packaging for every item before we left the scene.
MR. CHAKRAVARTY: Did you review the photographs that were taken that day?
CHRISTOPHER DERKS: Yes, I have.
MR. CHAKRAVARTY: And did you review -- was there a sketch done of the apartment that day?
CHRISTOPHER DERKS: Yes, there was.
MR. CHAKRAVARTY: And did you review the evidence that was seized on that day?
CHRISTOPHER DERKS: Yes, I have.
MR. CHAKRAVARTY: Now, how long approximately was your team searching that apartment?
CHRISTOPHER DERKS: We were there for about 12 hours total. I was still working for another three or four hours to take it to the evidence intake at the Black Falcon pier, and I was done probably about 4 or 5:00 in the morning.
MR. CHAKRAVARTY: Were you permitted to take anything you wanted from the apartment?
CHRISTOPHER DERKS: No, we weren't.
MR. CHAKRAVARTY: Was there specific types of information that you were allowed to seize?
CHRISTOPHER DERKS: Yes.
MR. CHAKRAVARTY: Could you describe the apartment to the jury?
CHRISTOPHER DERKS: It was a three-bedroom, one-bath, small apartment, under 800 square feet. There were three bedrooms that -- one appeared to have an adult female with her belongings inside. The other room had children's materials inside, toys, games, things like that. And then there was a third bedroom which had a set of bunk beds in it, a kitchen, small bathroom, and a small closet that came up -- that was on the back side of the apartment by some stairs. And there were some closets in some of the rooms as well.
MR. CHAKRAVARTY: Now, in anticipation of your testimony, did you review an interactive exhibit which has been labeled as Exhibit, I think, 620?
CHRISTOPHER DERKS: Yes, I have.
MR. CHAKRAVARTY: If you could call that up, Mr. Bruemmer?
MR. CHAKRAVARTY: Do you recognize this image?
CHRISTOPHER DERKS: Yes, I do.
MR. CHAKRAVARTY: What is that?
CHRISTOPHER DERKS: This is the apartment that we searched.
MR. CHAKRAVARTY: Okay. It's an overview -- kind of a graphic representation?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: Now, I'm clicking on, "Search, April 19, 2013." Are you familiar with this?
CHRISTOPHER DERKS: It's the same --
MR. CHAKRAVARTY: It's the same graphic?
CHRISTOPHER DERKS: Yes.
MR. CHAKRAVARTY: Is this an interactive exhibit that allows you to focus on each room and then highlight specific photos of pieces of evidence?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: Is this fair and accurate, to the best of your recollection, from the conducting of your search?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: Have you independently looked at each of those photographs and confirmed that those are fair and accurate photographs of each of the items of evidence that were seized that day?
CHRISTOPHER DERKS: Yes.
MR. CHAKRAVARTY: Your Honor, I would move in the 410 Norfolk Street, third-floor apartment, overlay of Exhibit 620.
MS. CONRAD: Your Honor, in addition to the matter raised prior to trial, which we would ask for a continuing objection on, we object to the caption, the description.
THE COURT: Well, let me see you briefly.
(SIDEBAR CONFERENCE AS FOLLOWS:
MS. CONRAD: So, your Honor, the government --
THE COURT: Are you talking about where it says, "Residence of" --
MS. CONRAD: "Residence of Jahar and Tamerlan Tsarnaev." And I would note that the government, in its opposition to the motion to suppress that we filed, took the position that that was not Mr. Tsarnaev's residence, that it was the -- the sole occupants were Tamerlan and Catherine Tsarnaev. And I'm planning on offering an admission by a party opponent to that effect taken directly from the government's pleading.
THE COURT: You've taken the opposite position in a motion.
MS. CONRAD: No. We took the position that the government's own search warrant was that it was his residence. They cannot now put before the jury a document that says, "Residence of Jahar and Tamerlan Tsarnaev," having -- first of all, without a factual basis for that and, second of all, having taken exactly the opposite position.
And I would note, your Honor, at the time we asked the government to provide us with the underlying basis for those factual assertions -- factual assertions -- that were not attributed to any source. And the government declined to do so; and if memory serves, we filed a motion. It now becomes exculpatory evidence, your Honor, if the government is trying to take the position that that location is the residence of Jahar Tsarnaev. They've cited that it was being used --
THE COURT: I think we can solve this problem by excluding any evidentiary assertion to the title of the chalk; in other words, we could -- if you want. That's merely as an identifier and not evidence that it was Dzhokhar Tsarnaev --
MS. CONRAD: I think it should be redacted. I don't think it should be displayed to the jury and admitted to the jury in that format, or it's chalk.
MR. CHAKRAVARTY: They've had this thing for months. This is the first time we're hearing it.
MS. CONRAD: It's not true. We've made that point before this.
MR. CHAKRAVARTY: Second, there is an evidentiary basis in the trial record that --
THE COURT: There may be. But I'm saying this caption --
MR. CHAKRAVARTY: And the government has no objection to that. I think this ameliorates any concern that the defense has, and they can argue, whoever -- simply framing the issue for -- framing what the property is and why it's relevant to the jury -- I'm not saying that's why it's relevant, but it let's them know, especially in a multi-overlaid exhibit, which we will be clicking from one to another.
MS. CONRAD: So I'm not sure I understand what's happening. Either they're going to see it or they're not going to see. Either it's in evidence or it's not.
THE COURT: Well, no. They can see it. I can tell them that it is for labeling purposes, and it's not evidence that he actually lived there if you want me to say that.
MR. WEINREB: Your Honor.
THE COURT: There is -- we had some evidence yesterday that he lived there because he put his address on the university forms.
MS. CONRAD: Right.
MR. CHAKRAVARTY: So --
THE COURT: It's not unrelated to what has been in evidence. So, I mean, I'm happy to say that, but I don't think there's any reason to.
MS. CONRAD: Why not just treat it as a chalk then?
MS. PELLEGRINI: That doesn't make a difference.
THE COURT: Because the rest of it, we've allowed the other ones in.
MS. CONRAD: Note my objection, your Honor.
THE COURT: Do you want me to say that?
MS. CONRAD: But I would ask that they be instructed that the resident labeling is what the government chose to label it. It's not evidence.
MR. WEINREB: Your Honor, on the other matter, I don't believe it's proper for the defense to offer a search warrant as --
MS. CONRAD: It's not the search warrant.
MR. WEINREB: I'm sorry, an argument -- a legal argument that the government made. It's not the government that's trying to have it both ways. It's the defense. The government's trying to have it one way that the Court ruled.
THE COURT: Okay. Yeah, I don't think that's a judicial or evidentiary -- a party admission.
MS. CONRAD: It's 801(d)(2), your Honor. It's clearly -- it's a statement by --
THE COURT: It's a legal argument.
MS. CONRAD: No. Your Honor, I would ask your Honor to look at the actual document, which is a document from 350, and these were made as factual assertions. And we specifically asked for the underlying basis for those factual assertions. So the government should either put up or shut up, quite frankly. And either they tell us what the basis for those factual assertions were -- I'm not putting in the legal argument. They're saying, in fact, just to read this, "His old bedroom had effectively become an extension of the living room and was used by Tamerlan Tsarnaev's family as a storage and computer room."
THE COURT: Okay.
MR. WEINREB: If they want to get into that, then the Court should tell the jury that it ruled that it was Jahar Tsarnaev's residence.
MS. CONRAD: No, he had a legitimate --
MR. WEINREB: Stop talking over me.
THE COURT: We're not going to get into it.
MR. WEINREB: You have your turn. I have mine. Don't talk over me.
THE COURT: It's excluded. Quiet.
MS. CONRAD: Well, your Honor --
THE COURT: Done.
MS. CONRAD: As to the discovery issue, as to the underlying discovery issue?
THE COURT: I'm sorry?
MS. CONRAD: The government providing the information that it relied upon in asserting, for example, that the -- that the room was being used as a storage room and computer room, that there was a curtain that was usually kept open and that he kept only a few belongings there.
THE COURT: This is not the occasion for that kind of inquiry, so --
MS. CONRAD: It's -- I don't know when the occasion would be if not now.
. . . END OF SIDEBAR CONFERENCE.)
THE COURT: I don't have the --
MR. CHAKRAVARTY: Sorry. Mr. Bruemmer, can you put 620 back up.
THE COURT: So I think we were at the offer. On the same terms as we've admitted other exhibits of this type, it will be admitted.
MR. CHAKRAVARTY: Thank you, your Honor.
(Government's Exhibit No. 620 received into evidence.)
THE COURT: Let me just say to the jury, to the extent that the caption is an assertion or could be read as an assertion that this was the residence of the defendant, it is not evidence of that. It is simply a label for the exhibits so you understand what it is. If there is a factual issue about whether this is his residence or not, you will resolve it from other evidence in the case.
MR. CHAKRAVARTY: Agent Derks, I'm going to go to bedroom -- marked "Bedroom 3" and click on that. Do you recognize this room?
CHRISTOPHER DERKS: Yes, I do.
MR. CHAKRAVARTY: Could you describe the general layout of this room?
CHRISTOPHER DERKS: It was a rather small room. It was mostly occupied with the bunk beds, which are in the lower right-hand side of the diagram, with a computer table below the window at the far side; a bookshelf. With the small closet and the entry there, what you can't see was that there was a lot of clothes that was hanging up and almost like a curtain that went across it that you had to manually wade your way through to get inside.
THE COURT: Agent, would you pull the microphone a little closer to you so you're speaking directly into it, please?
CHRISTOPHER DERKS: My apologies.
MR. CHAKRAVARTY: Agent Derks, the screen that you have in front of you is interactive, and you can actually touch it. There might be a time when it's helpful to either circle something with the pad of your finger or to touch it to indicate what you're talking about.
CHRISTOPHER DERKS: Okay.
MR. CHAKRAVARTY: The area where you said there were a lot of clothes and a curtain, can you just flag that on the screen?
CHRISTOPHER DERKS: (Indicating). Is this -- am I doing the right thing?
MR. CHAKRAVARTY: You've circled the area that's marked "3 foot, 1 in." Is that the entrance to that room?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: Now, just to orient the jury, was there something up on the wall on the left-hand side of this room?
CHRISTOPHER DERKS: Yes, there was. There was a large black flag with writing on it.
MR. CHAKRAVARTY: Clicking on that, is that the flag that was in the room?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: When you first walked into the room, is this the vantage point that you get?
CHRISTOPHER DERKS: Yes. That's one of our entrance photos. That was taken at the beginning of the search.
MR. CHAKRAVARTY: Does that show the bunk bed as well as what looks like a computer table and a chair?
CHRISTOPHER DERKS: Yes, it does.
MR. CHAKRAVARTY: Is that how it looked when you were conducting your search?
CHRISTOPHER DERKS: Yes, sir. At the beginning that's how it looked.
MR. CHAKRAVARTY: Now, on the floor was there a bag?
CHRISTOPHER DERKS: Yes. There was a bag on the floor which had that item number, which was a USB thumb drive with an Atlanta Falcons image on it.
MR. CHAKRAVARTY: I've clicked on that. Agent, is that a close-up of that Atlanta Falcons -- or could that be Cambridge Rindge and Latin Falcons?
CHRISTOPHER DERKS: Very well could be.
MR. CHAKRAVARTY: On the shelf, is the view facing the shelf near the head of the -- or the foot of the bunk beds?
CHRISTOPHER DERKS: Yes. That photo would have been taken right next to the computer table, looking backwards towards the room. Towards the left, you can see the bar in the upper corner there where the clothes were hanging from.
MR. CHAKRAVARTY: Just clicking to the second image, what are these?
CHRISTOPHER DERKS: Those are two boxes for iPhones.
MR. CHAKRAVARTY: Were those seized?
CHRISTOPHER DERKS: No, they were not. They were photographed, however, with the serial numbers and information on the backside of it.
MR. CHAKRAVARTY: Were the -- did the boxes have iPhones in them?
CHRISTOPHER DERKS: No, they were empty.
MR. CHAKRAVARTY: Is this the back of those boxes?
MR. CHAKRAVARTY: Going to the second -- go back to here. Do you see a 69 evidence marker?
CHRISTOPHER DERKS: Yes, I do.
MR. CHAKRAVARTY: Is this a close-up of that?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: What is that?
CHRISTOPHER DERKS: That's gun lubrication.
MR. CHAKRAVARTY: That was --
CHRISTOPHER DERKS: I believe for a shotgun, but I could be wrong.
MR. CHAKRAVARTY: Gun lubrication, meaning something to lubricate the action of a firearm?
MR. CHAKRAVARTY: Continuing on that shelf, do you see an evidence marker for 74?
CHRISTOPHER DERKS: Yes, I do.
MR. CHAKRAVARTY: Is this a close-up of that?
MR. CHAKRAVARTY: What is that?
CHRISTOPHER DERKS: Those were two brands of -- two types of Gorilla glue. One was a Super Glue on the left, and the one on the right was a regular Gorilla glue.
MR. CHAKRAVARTY: Near the top of the shelf, is this a view of some of the items that you had flagged on the top of the shelf?
MR. CHAKRAVARTY: Is this another document that was on the top of the shelf?
CHRISTOPHER DERKS: Yes, it was. It was inside of a folder, I believe.
MR. CHAKRAVARTY: What is that?
CHRISTOPHER DERKS: That is an immigration and naturalization certificate for citizenship in the United States.
MR. CHAKRAVARTY: Who is that for?
CHRISTOPHER DERKS: It's for Mr. Tsarnaev.
MR. CHAKRAVARTY: Is that the defendant?
MR. CHAKRAVARTY: Dzhokhar Tsarnaev?
Does it list his date of birth as well?
CHRISTOPHER DERKS: Yes, it does.
MR. CHAKRAVARTY: Is it July 22, 1993?
CHRISTOPHER DERKS: I believe so, yes.
MR. CHAKRAVARTY: Second image of this box on the interactive chart shows Item 68?
MR. CHAKRAVARTY: What are those?
CHRISTOPHER DERKS: Those were computer disks, I believe. Oh, this is next to it. That was more gun-cleaning equipment.
MR. CHAKRAVARTY: Is that a brush and a cleaning cloth?
MR. CHAKRAVARTY: The next box shows some additional items. You see Item 67?
CHRISTOPHER DERKS: Yes. It's more gun-cleaning equipment.
MR. CHAKRAVARTY: Continuing on to the shelf, you see Item 73?
CHRISTOPHER DERKS: Yes, I do.
MR. CHAKRAVARTY: What is that?
CHRISTOPHER DERKS: Those are BB gun targets, I believe.
MR. CHAKRAVARTY: What's a BB gun target?
CHRISTOPHER DERKS: There was one out in the living room. It's a small bull's eye target that -- just for target practice, shooting a BB gun. There was one in the living room out front that had a -- kind of against a bookshelf that had been shot up pretty well and BBs all over the floor.
MR. CHAKRAVARTY: And then, finally, at the end of the shelf, what's Item No. 1?
CHRISTOPHER DERKS: That's a caulk gun with caulking tape inside of it.
MR. CHAKRAVARTY: Now, above the caulk gun in this photo, do you see what this is?
CHRISTOPHER DERKS: Yes, I do.
MR. CHAKRAVARTY: Can you describe what that is?
CHRISTOPHER DERKS: That's a heavy-gauge carpentry paper, Rosen paper.
MR. CHAKRAVARTY: Did you seize that?
CHRISTOPHER DERKS: No, we did not.
MR. CHAKRAVARTY: Over by the desk area, is that a computer that was there?
CHRISTOPHER DERKS: Yes. The tower -- the C.P. sections in the lower right-hand corner.
MR. CHAKRAVARTY: So that's not a laptop computer; it's a desktop computer?
CHRISTOPHER DERKS: Correct.
MR. CHAKRAVARTY: Is that the tower?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: Is this photo simply a photo from the vantage point of the computer table?
CHRISTOPHER DERKS: Yes. This is another overall photo that would have been taken at the entrance at the beginning of the search.
MR. CHAKRAVARTY: And close-up of the computer desk, do you see this flag?
CHRISTOPHER DERKS: Yes, small white flag that was similar to the larger black one that was hanging on the wall.
MR. CHAKRAVARTY: You don't recognize the exact script on the flag?
CHRISTOPHER DERKS: No, I do not.
MR. CHAKRAVARTY: For several items, including those that you described, with the exceptions that you described, were those seized from that room?
CHRISTOPHER DERKS: Yes, they were.
MR. CHAKRAVARTY: Going back to the living room, is this an overview of the living room area?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: Now, this is the third-floor apartment?
MR. CHAKRAVARTY: And on the right side, is that the means of entry into the apartment?
CHRISTOPHER DERKS: Yes. That was the stairway up into the apartment.
MR. CHAKRAVARTY: Was there also a back-door exit?
CHRISTOPHER DERKS: Yes. There was a back exit, almost like a fire escape.
MR. CHAKRAVARTY: Down past the kitchen?
CHRISTOPHER DERKS: Yes. In the overall picture, it's in the upper left-hand corner. It's in the lower right-hand corner of that picture. It's the stairways out and the doorway out.
MR. CHAKRAVARTY: Over in this area?
CHRISTOPHER DERKS: More --
MR. CHAKRAVARTY: Why don't you flag it, sir.
CHRISTOPHER DERKS: Right in there.
MR. CHAKRAVARTY: Thank you. In the living room, is this one of the shots, one of the pictures from the vantage point of -- it looks like a chimney or a flue?
CHRISTOPHER DERKS: Yes. And that was -- yes. That was one of our entrance photos as well.
MR. CHAKRAVARTY: In the drawer -- on the TV stand, was there a drawer with a number of items that were seized in it?
CHRISTOPHER DERKS: Yes, there is -- there was.
MR. CHAKRAVARTY: And, first, what is this item?
CHRISTOPHER DERKS: That was a BB gun, a CO2-powered BB gun.
MR. CHAKRAVARTY: CO2, that's carbon dioxide?
CHRISTOPHER DERKS: Carbon dioxide.
MR. CHAKRAVARTY: Do we actually see a carbon dioxide canister package in the photo?
MR. CHAKRAVARTY: Is that another view of that BB gun?
CHRISTOPHER DERKS: Yes, that's a close-up of it.
MR. CHAKRAVARTY: What are these?
CHRISTOPHER DERKS: Those are parts to the BB gun.
MR. CHAKRAVARTY: Looks like a magazine essentially for BBs?
MR. CHAKRAVARTY: Is that a CO2 cartridge?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: Is this the view of the living room from the opposite side -- opposite corner?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: And so this is a view extending down the hallway a little bit, which would be this way?
CHRISTOPHER DERKS: Correct.
MR. CHAKRAVARTY: And behind that were there numbers of documents on this shelf area in the corner?
CHRISTOPHER DERKS: Yes. This is a bookshelf that I searched personally.
MR. CHAKRAVARTY: First, what are these?
CHRISTOPHER DERKS: Those are a string of Christmas tree lights which were on the floor, a little bit more towards the TV stand.
MR. CHAKRAVARTY: And --
CHRISTOPHER DERKS: They were initially obscured by a carpeting, I believe.
MR. CHAKRAVARTY: Is this a close-up view of the Christmas tree lights?
MR. CHAKRAVARTY: Are these other documents that were found on the shelves?
CHRISTOPHER DERKS: Yes. That's one of them.
MR. CHAKRAVARTY: Is this a document addressed to Dzhokhar Tsarnaev?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: What is this?
CHRISTOPHER DERKS: That appears to be some IRS forms.
MR. CHAKRAVARTY: Some tax forms?
MR. CHAKRAVARTY: Do you recall whether those were also in the name of Dzhokhar Tsarnaev?
CHRISTOPHER DERKS: Yes, they were.
MR. CHAKRAVARTY: Continuing on the shelf, were there a number of notebooks?
CHRISTOPHER DERKS: Yes, there were.
MR. CHAKRAVARTY: Did they have writing in a foreign language?
CHRISTOPHER DERKS: Yes, they did.
MR. CHAKRAVARTY: Were those seized as well?
CHRISTOPHER DERKS: Yes, they were. Those notebooks also had English writing in them as well.
MR. CHAKRAVARTY: Thank you. Were these some of the BBs and pellets that you described earlier?
CHRISTOPHER DERKS: Yes. Those were on the floor of that room, in the area of that bookshelf, which is where the target was.
MR. CHAKRAVARTY: So the target was in this vicinity?
CHRISTOPHER DERKS: Yes. It was taped up on a shelf in that area, and those were just where they would rest after being shot.
MR. CHAKRAVARTY: Back to the overall view, this area here, is this like a sofa?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: Now, you described the apartment as being about 800 square feet, is that right?
CHRISTOPHER DERKS: Or less. It was around there.
MR. CHAKRAVARTY: It seems there are a lot of compartments. While you were searching this residence, could you hear what was happening in the other rooms?
CHRISTOPHER DERKS: I could at times. I was very busy. When other ERT members would see an item, I was called to go look at it in place. So I was all over that day visualizing evidence in place so I could later sign for it and verify it.
MR. CHAKRAVARTY: Were the floors creaky?
CHRISTOPHER DERKS: Yes, they were.
MR. CHAKRAVARTY: Could you hear when other people were moving around as well?
MR. CHAKRAVARTY: Go to the first bedroom.
MR. CHAKRAVARTY: Is this an overview of that first bedroom nearest to the stairs?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: First, to orient the jury, is this a shot from the window area?
CHRISTOPHER DERKS: Yes, from that corner.
MR. CHAKRAVARTY: And from the opposite corner?
MR. CHAKRAVARTY: And from coming in the front door?
MR. CHAKRAVARTY: Was there a shelf in here, I guess, on the floor? Was there another document found?
CHRISTOPHER DERKS: Yes. That's a -- it's a passport or a State Department document.
MR. CHAKRAVARTY: Is that also in the name of Dzhokhar Tsarnaev?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: That's a close-up?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: Was there a closet there?
CHRISTOPHER DERKS: Yes, there is.
MR. CHAKRAVARTY: Actually, at the floor of the closet is where you found that document?
MR. CHAKRAVARTY: At the top of the document did you find something?
CHRISTOPHER DERKS: There was a jar of nails.
MR. CHAKRAVARTY: Is Item No. 27 that jar of nails?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: When you say "jar of nails," what do you mean?
CHRISTOPHER DERKS: There were small carpeting nails, very small in diameter, but inside there were some other items that were felt, fabric or plastic, but it was predominately the nails that were there.
MR. CHAKRAVARTY: The neighboring room, does this appear to be a child's room?
MR. CHAKRAVARTY: Is this an image from the center of that room?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: And this is hovering over the restroom. Did you seize anything from the restroom, the bathroom?
CHRISTOPHER DERKS: We did an explosive swab in the bathroom, but I believe that was the only thing that was taken from there.
MR. CHAKRAVARTY: Do you know if that came back positive?
CHRISTOPHER DERKS: I do not know.
MR. CHAKRAVARTY: Let's go to the kitchen area. Is this a view of the kitchen?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: And the photos that we're looking at, were they taken at various stages during the search? Some of them were taken when you entered; some of them were taken after you completed your search?
CHRISTOPHER DERKS: Yes. We take photographs when we go into a structure to be searched. At the end we take photographs as we're leaving.
MR. CHAKRAVARTY: This is one of the shelves?
MR. CHAKRAVARTY: Something was flagged here. No pun intended. Was it a flag?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: This is another angle of the kitchen, facing the fridge. And then is this the hallway?
CHRISTOPHER DERKS: Yes. That's the small hallway or kind of a utility storage room going out to the back stairs.
MR. CHAKRAVARTY: Is that this area on the --
MR. CHAKRAVARTY: And on the counter, was there some, looks like, packing tape seized?
CHRISTOPHER DERKS: Yes, there was.
MR. CHAKRAVARTY: Throughout your search, did you seize several different items of packing tapes? Different types of tapes, I should say.
CHRISTOPHER DERKS: There were a large number of rolls of tape that we seized, whether it was a clear strapping tape like this one here or duct tape.
MR. CHAKRAVARTY: Let's go to that area just off the kitchen, in the back hallway. This is a shelf that had a number of items on it?
CHRISTOPHER DERKS: Yes. It was a shelf that was above your head. Most of the area below it was full of items, but items were taken from these shelves.
MR. CHAKRAVARTY: Do they include this item, No. 58? Was that a computer hard drive?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: Now, also in this area, can you describe what this area looked like?
CHRISTOPHER DERKS: It almost looked like a construction site. There were tools everywhere, lots of debris in there. As the search went on, more and more items were pulled out of there. As you go down a layer each time through the search, the ERT members who were in that area were there for a long time. A fair amount came out of there, but it was a large volume of just items and debris in there that had to be gone through.
MR. CHAKRAVARTY: In fact, were some drawers of, like, plastic drawers or shelf drawers, were the entire drawers seized?
MR. CHAKRAVARTY: Why did they seize the entire drawer?
CHRISTOPHER DERKS: Well, because there were tools, and the mind-set was that these tools could be used in the making of a device and that those tools will leave unique toolmarks when analyzed in laboratory. So we don't do any analysis on a search, so we went ahead and took everything in those drawers.
MR. CHAKRAVARTY: Let me go back one room. Just make sure I got everything here. Back in the kitchen view, was there some additional tape found, Item No. 9?
MR. CHAKRAVARTY: And then Item No. 79, is this one of those drawers?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: And is this a view of several of the tools and different items that were in that drawer?
CHRISTOPHER DERKS: Yes. We took the entire drawer as one item.
MR. CHAKRAVARTY: And then each item was later broken up in the lab?
CHRISTOPHER DERKS: The laboratory will sub-exhibit each item for testing. But at the scene we want to keep everything together, and so we took them all as one item.
MR. CHAKRAVARTY: These are some close-ups. Do you recognize this?
CHRISTOPHER DERKS: Yes. That was in the drawer.
MR. CHAKRAVARTY: This is a gray polymer kind of a rubbery ring?
CHRISTOPHER DERKS: It was like a gasket.
MR. CHAKRAVARTY: Do you recognize this as one of the items?
MR. CHAKRAVARTY: Does that appear to be a hobby fuse?
CHRISTOPHER DERKS: Yes, like an igniter.
MR. CHAKRAVARTY: Do you recognize this?
CHRISTOPHER DERKS: I do.
MR. CHAKRAVARTY: Is this the top of a pressure cooker lid?
CHRISTOPHER DERKS: At the time, I didn't know.
MR. CHAKRAVARTY: Is this a roll of tape?
MR. CHAKRAVARTY: Particularly Gorilla-brand tape?
MR. CHAKRAVARTY: Is this a wire cutter?
CHRISTOPHER DERKS: Yes, wire cutter, wire stripper.
MR. CHAKRAVARTY: Is this one of the types of things that you look at for toolmarks?
CHRISTOPHER DERKS: Yes, laboratory would do that.
MR. CHAKRAVARTY: And then is this a roll of plumber's tape, or PTFE?
CHRISTOPHER DERKS: Yes, Teflon tape, I believe.
MR. CHAKRAVARTY: Now, when you conducted the search, did you seize a number of items, over a hundred items, I believe?
CHRISTOPHER DERKS: There were about 108 or 110 items that we took.
MR. CHAKRAVARTY: What did you do with those items?
CHRISTOPHER DERKS: Those items, we -- myself and our team leader, Steve Ney, from the New Haven division, we drove it in the New Haven's ERT truck out to the Black Falcon pier, and that's where we delivered our items.
MR. CHAKRAVARTY: And you followed the ERT protocol to do that?
MR. CHAKRAVARTY: Before your testimony today, did we go through several of the items that were seized in 410 Norfolk Street, and did you personally verify that those were items seized by your team?
CHRISTOPHER DERKS: Yes, I did.
MR. CHAKRAVARTY: For the record, those items were Exhibits 1077 through 1079; 1083 through 1086; 1093 through 1101; 1186; 1187; 1189; 1191; 1193; 1195; 1196; 1199; 1200; 1203; 1205; 1206; 1208; 1210; 1214; 1216; 1217; and 1218.
MR. CHAKRAVARTY: Those were all items that were seized from 410 Norfolk Street?
MR. CHAKRAVARTY: I would move those into evidence.
MS. CONRAD: Your Honor, I need an opportunity to view what those items are. I received an email late last night with some additional items. I haven't had a chance to review them.
THE COURT: Do you have a list?
MR. CHAKRAVARTY: I do. They were all on the exhibit list, and they have been for months.
MS. CONRAD: The numbers have changed.
MR. CHAKRAVARTY: I can give you -- do you need a list of the numbers or the description?
MS. CONRAD: If I could have a moment to review the exhibits that are being offered, and I need to look at the items.
MR. CHAKRAVARTY: What do you need from me? You have the exhibit list.
MS. CONRAD: I know. I'm going to look at that. Thank you.
I might need a few minutes, your Honor. I had a list that I previously reviewed and that was updated last night.
THE COURT: Are you going to -- Mr. Chakravarty. Mr. Chakravarty.
MR. CHAKRAVARTY: Yes, sir.
THE COURT: Why don't you forget the group offer and just offer them as you use them.
MR. CHAKRAVARTY: One at a time. Fair enough.
First there were two that I didn't identify because they're photographs. Mr. Bruemmer, can we call up 1201? This is just for the witness, your Honor, to identify. I think he already had.
MR. CHAKRAVARTY: Is this the still photo of that black flag?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: And 1221, is this the photo of those iPhone boxes?
CHRISTOPHER DERKS: Yes, it is, but it's been rotated 90 degrees to the left.
MR. CHAKRAVARTY: These are fair and accurate pictures of those two items -- three items?
CHRISTOPHER DERKS: Yes, they are.
MR. CHAKRAVARTY: I'd move in 1201 and 1221.
MS. CONRAD: Just the previous issue.
THE COURT: Okay. All right. Admitted.
(Government's Exhibit No. 1201 received into evidence.)
(Government's Exhibit No. 1221 received into evidence.)
MR. CHAKRAVARTY: I'm going to show you a few items, Agent Derks.
MR. CHAKRAVARTY: May I approach, your Honor?
THE COURT: All right.
MR. CHAKRAVARTY: Agent Derks, I've placed a few items in front of you, Exhibits 1192, 1194, 1206, and 1186.
MS. CONRAD: What was the last one?
MR. CHAKRAVARTY: 1186.
MS. CONRAD: Thank you.
MR. CHAKRAVARTY: Do you recognize those?
CHRISTOPHER DERKS: Can you say those again?
MR. CHAKRAVARTY: 1192, 1194, 1206, and 1186.
CHRISTOPHER DERKS: There's no 1192 here. There's 1186, 1095.
MR. CHAKRAVARTY: Maybe it's labeled something else.
Is it labeled 1095?
CHRISTOPHER DERKS: 1095 is this one.
MR. CHAKRAVARTY: Let's change that premarked exhibit to 1192, please. Let's start with that one. What do you recognize that to be?
CHRISTOPHER DERKS: This is the gasket that was taken out of a drawer which had the -- a lot of the tools, the wire strippers that you had earlier. There was the roll of black Gorilla tape, the Teflon tape, and the hobby fuse. This was all in that drawer.
MR. CHAKRAVARTY: Did you later come to learn what that was?
CHRISTOPHER DERKS: Yes, last week.
MR. CHAKRAVARTY: What did you learn that was?
CHRISTOPHER DERKS: I learned that this was a gasket to a pressure cooker.
MR. CHAKRAVARTY: I move in 1192.
MS. CONRAD: Same.
THE COURT: Okay. Admitted.
(Government's Exhibit No. 1192 received into evidence.)
MR. CHAKRAVARTY: Can we look at 1194, please?
CHRISTOPHER DERKS: I don't have that one.
MR. CHAKRAVARTY: Do you have 1097?
CHRISTOPHER DERKS: I do.
MR. CHAKRAVARTY: Okay. Can you please change that to 1194?
What is it?
CHRISTOPHER DERKS: This is the black knob that was also in that same drawer.
MS. CONRAD: Sorry. What number is that?
CHRISTOPHER DERKS: It's now 1194, formerly 1097.
MR. CHAKRAVARTY: And I would move in 1194.
THE COURT: All right.
(Government's Exhibit No. 1194 received into evidence.)
MR. CHAKRAVARTY: And 1206, do you need a scissors to open that?
CHRISTOPHER DERKS: There are some up here. You want me to crack it, open it up?
MR. CHAKRAVARTY: If you wouldn't mind, please.
CHRISTOPHER DERKS: (Witness complies.)
MR. CHAKRAVARTY: Is that the jar that you found in the closet of the first bedroom in 410 Norfolk Street?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: Would you mind opening the jar?
CHRISTOPHER DERKS: Open this jar?
MR. CHAKRAVARTY: Yes, please.
CHRISTOPHER DERKS: (Witness complies.)
MR. CHAKRAVARTY: And the nails and other objects in there, are those in substantially the same condition as when you first saw them?
CHRISTOPHER DERKS: Yes. The nails are inside. There's also other items in here that were found inside that aren't nails.
MR. CHAKRAVARTY: Could you describe what those items are?
CHRISTOPHER DERKS: May I put the top back on?
MR. CHAKRAVARTY: Yes.
CHRISTOPHER DERKS: This is a paper bar code. Appears to be a clip from a pen that you can open and close with your thumb.
MS. CONRAD: I'm sorry. Can I just inquire whether these are separately marked as exhibits or are they all one exhibit?
MR. CHAKRAVARTY: These are one exhibit.
MR. CHAKRAVARTY: Can you explain how these become sub-exhibits at the Quantico lab?
CHRISTOPHER DERKS: Sure. All of these items that are in this paint can were inside this jar at one point, and they are separated just because they are unique and different from one another.
MR. CHAKRAVARTY: Does the lab then analyze these using these various different disciplines?
CHRISTOPHER DERKS: Yes. The laboratory would split things up by their likeness and then perform whichever test they deemed appropriate at the time. Would you like me to keep going?
MR. CHAKRAVARTY: Yeah, if there's anything else in that jar.
CHRISTOPHER DERKS: Some triangular metal objects with holes in the middle and then some plastic pads. I don't know what they're called but they're small, small pads; some more scraps of paper. There were some other nails that were inside. They could have been split out because they might be a different gauge. Looks like this is some hardware for cabinetry and then some -- looks like paper, paper items, that appear to have been fingerprinted.
MR. CHAKRAVARTY: So all of that smorgasbord of stuff was in that jar?
CHRISTOPHER DERKS: Everything was in this jar without the packaging.
MR. CHAKRAVARTY: And the nails, what condition are those nails in?
CHRISTOPHER DERKS: They appear to be somewhat new and in good condition.
MR. CHAKRAVARTY: And they're -- do they appear to be used or not?
CHRISTOPHER DERKS: No, they're not used. They're all -- for the most part, they're all straight, and a couple are a little bent. But it looks like they're all straight though.
MR. CHAKRAVARTY: Thank you.
MR. CHAKRAVARTY: Your Honor, I don't know if I moved in 1206 already, but I would do so now.
THE COURT: Okay.
(Government's Exhibit No. 1206 received into evidence.)
MR. CHAKRAVARTY: And 1186, if you could open that?
CHRISTOPHER DERKS: You want me to open it?
MR. CHAKRAVARTY: Yes, please.
CHRISTOPHER DERKS: Would you like me to --
MR. CHAKRAVARTY: If you could unfurl that and hold it up. If you need to stand up --
CHRISTOPHER DERKS: May I stand up?
MR. CHAKRAVARTY: With the Court's permission.
CHRISTOPHER DERKS: (Indicating.)
MR. CHAKRAVARTY: Can you hold it up?
CHRISTOPHER DERKS: (Indicating.)
MR. CHAKRAVARTY: May I approach, your Honor?
THE COURT: You may.
MR. CHAKRAVARTY: I don't mean to be disrespectful.
MR. CHAKRAVARTY: Is this the flag that you found on the wall?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: Was it similar to the smaller white-and-black flags that you found on the computer table and then in the kitchen?
CHRISTOPHER DERKS: They appear to be similar with the contrasting colors being bluff.
MR. CHAKRAVARTY: I will collect those from you.
Mr. Mellin is handing you what's been marked as 1187. Do you recognize that?
CHRISTOPHER DERKS: Yes, I do. This is the desktop computer from the room.
MR. CHAKRAVARTY: Is that a Hewlett-Packard desktop computer marked as 2R14, the 14th item of your search?
CHRISTOPHER DERKS: Yes, it is. And I recognize it because my name and initials are on the packaging. This is the original packaging.
MR. CHAKRAVARTY: Your Honor, I'd move in 1187 under the provisions that we have been moving in electronic devices, the physical item rather than the data.
THE COURT: Rather than the data?
MR. CHAKRAVARTY: Correct.
THE COURT: Yes, okay. It will be admitted under those conditions.
(Government's Exhibit No. 1187 received into evidence.)
MR. CHAKRAVARTY: If we could retrieve 1187. I don't believe I moved in 1186, your Honor, and I would ask to move that into evidence.
THE COURT: Okay.
(Government's Exhibit No. 1186 received into evidence.)
MR. CHAKRAVARTY: Now, I guess we'll go through each of the other ones.
MR. CHAKRAVARTY: Mr. Mellin, if you could just take one of those boxes and give it to Agent Derks, and we'll just start walking through them.
MR. CHAKRAVARTY: Agent Derks, if you'd just take out a bag and describe what it is.
MS. CONRAD: May I just take a look?
THE COURT: Go ahead.
MS. CONRAD: Maybe Mr. Chakravarty could join us because some of these don't seem to have exhibit numbers, so --
Thank you, your Honor.
MR. CHAKRAVARTY: Mr. Derks, if you could just pick each one up and just describe what it is.
CHRISTOPHER DERKS: Okay. This is Exhibit No. 1208, and it's two rolls of wire. And these came out of the same drawer where the pressure cooker gasket came out of and the wire strippers that you had photos of.
Exhibit 1096 is a section of the hobby fuse that was taken out of the same drawer.
This is Exhibit 1099, which is a roll of Teflon tape, with the plastic covering for it, also out of the same drawer.
Exhibit 1101, this is the black roll of Gorilla tape taken out of the same drawer.
This is Exhibit 1216. This is a large number of BBs and pellets for a pellet gun that were found in -- they were found in the room with the bookcase where I was searching. These were all over the floor near the Christmas lights.
MR. CHAKRAVARTY: We saw a picture of that a little while ago?
CHRISTOPHER DERKS: Of this one, yes.
The next one, this is Exhibit 1214. This is the white flag with the black lettering that was in the bunk bedroom. Would you like me to open it?
MR. CHAKRAVARTY: No, thank you.
CHRISTOPHER DERKS: Okay. This is Exhibit 1210, which is the Certificate of Naturalization found also in the bunk bedroom, on the shelf. You had a photograph of it earlier. Would you like me to open it?
MR. CHAKRAVARTY: No, thank you.
CHRISTOPHER DERKS: This is Exhibit 1191. This is the box of BB gun targets that were found in the bunk bedroom with the flag.
And these are the -- this is the -- I'm sorry. Exhibit 1218, these are the string of Christmas tree lights and the box that they came in.
MR. CHAKRAVARTY: Thank you.
CHRISTOPHER DERKS: This is a 2012 tax return, which was also on the same bookcase -- on the bookcase.
MS. CONRAD: Can we have the exhibit number?
MR. CHAKRAVARTY: Yeah, the exhibit number.
CHRISTOPHER DERKS: I'm sorry. 1217.
MS. CONRAD: Thank you.
CHRISTOPHER DERKS: Open this one?
MR. CHAKRAVARTY: Yeah. Do you need it for the individual exhibits that are inside? Collectively, I think that's Exhibit 1205.
CHRISTOPHER DERKS: This is Exhibit 1078. It's a roll of clear tape. This is a roll of silver duct tape.
This one does not have an exhibit number on it but, with the laboratory number of this, came out of the same drawer which had the gasket and the wire strippers and the knob.
MR. CHAKRAVARTY: We'll put that in Exhibit 1205, which will be a collection of the tape.
CHRISTOPHER DERKS: Okay. It's very hard to see, but this is a roll of clear tape. This was found on the kitchen counter. This is another roll of clear tape. Where it was located is obscured by the evidence tape in front.
MR. CHAKRAVARTY: But it was also found during your search?
MS. CONRAD: I'm sorry. Can I just get clarification? Is this all part of 1205 or are these separate exhibits? Because I'm not getting exhibit numbers.
MR. CHAKRAVARTY: Anything that is not separately marked is part of 1205.
THE COURT: And they're all tape?
MR. CHAKRAVARTY: They're all tape.
CHRISTOPHER DERKS: This one is 1078.
This is another roll of silver duct tape, maybe three inches in width on it. It's a little bigger than some of the other ones. And another roll of silver duct tape. This is in what we label as Room J, which I believe is that back room, utility room, going out the back door. That's it for this batch.
MR. CHAKRAVARTY: Thank you.
MR. CHAKRAVARTY: Mr. Mellin, can I ask you to retrieve that stuff and --
MS. CONRAD: Thank you.
MR. CHAKRAVARTY: Agent Derks, could you please continue with going through the evidence?
CHRISTOPHER DERKS: Okay. This is Exhibit 1198, which is a soldering gun, which was found in the kitchen, on the floor.
This is 1197 -- actually, there are two parts to 1197. These are the two bottles of Gorilla glue. This is the regular Gorilla glue, and this is the Super Glue version of it that were found in the bunk bedroom.
This is a gun-cleaning kit, which is Exhibit 1195, found in the bunk bedroom, on the shelves.
This is Exhibit 1023, which are the wire strippers from the drawer with the pressure cooker gasket and the hobby fuse and the black Gorilla tape.
MR. CHAKRAVARTY: Can I ask you to change that number to 1203?
CHRISTOPHER DERKS: I'm sorry. It's 1203.
MR. CHAKRAVARTY: Thank you.
CHRISTOPHER DERKS: This is 1199 and 1200. This is a book -- a notebook with a Russian language that was written inside of it that was found on the shelves in the bunk bedroom.
MR. CHAKRAVARTY: Agent Derks, you can continue.
CHRISTOPHER DERKS: This is Exhibit 1098, which is a -- looks like the top to a -- like, a soup can. And this was in the drawer with the pressure cooker gasket and the wire strippers. It looks like the top of a soup can that's been cut out.
This is Exhibit 1193. This is a battery charger for, like, a remote-controlled car. And this was found in the living room out front, in the drawer underneath the TV, on the TV stand.
And this was next to this item, which is 1189, which is a BB gun, which was found in the drawer in that same front room.
And this is a tube of clear silicon caulking that was found in the bunk bedroom on the shelves, and it is Exhibit 1077. And that's it for this box.
MR. CHAKRAVARTY: Can I ask you to grab that book, 1199, and open that?
CHRISTOPHER DERKS: Open it up?
MR. CHAKRAVARTY: Please. Again, this was a book that was found in that bunk bedroom, on the shelf?
CHRISTOPHER DERKS: Yes, it was. It was found on one of the top two shelves.
MR. CHAKRAVARTY: Can you open it and see if there's any loose paper?
CHRISTOPHER DERKS: Yes, there is.
MR. CHAKRAVARTY: Does that appear to be a preprinted page, eight-and-a-half-by-eleven, with also some handwriting on it?
CHRISTOPHER DERKS: Yes, it is.
MR. CHAKRAVARTY: I'd mark that as Exhibit 1200.
(Government's Exhibit No. 1200 received into evidence.)
MR. CHAKRAVARTY: Agent Derks, can you read, to the extent that you can, the handwriting?
MR. CHAKRAVARTY: I'd move this into evidence, your Honor, before he reads.
CHRISTOPHER DERKS: The handwriting starting in the upper left-hand side says, kalamullah.com, and below that it's scribbled out. It appears to be the No. 6 or the letter G, capital. It says, "Tark Mehena," M-e-h-e-n-a. The next item over here towards the right, it appears to be a name, Imram Hosien, H-o-s-i-e-n. Next to that is the word "prophet." Below that is a word that I can't decipher. And below that, in the right-hand side, I believe it says, "Anwar Awlaki."
MR. CHAKRAVARTY: I'm going to retrieve that from you.
MR. CHAKRAVARTY: And, your Honor, I'd ask to publish that with the ELMO.
THE COURT: Okay.
MR. CHAKRAVARTY: I'm underlining the kalamullah.com, the first thing that you said.
MR. CHAKRAVARTY: And here it says, "Prophet." Could that be "series"?
CHRISTOPHER DERKS: Yes, that makes sense.
MR. CHAKRAVARTY: And then "Anwar al-Awlaki"?
MR. CHAKRAVARTY: Thank you, Mr. Mellin. Could I enlist you once again?
MR. CHAKRAVARTY: What is the box that Mr. Mellin just gave you?
CHRISTOPHER DERKS: This is Exhibit No. 1094; and based upon the laboratory numbers, these are a set of tools and other items from the drawer which had the pressure cooker gasket that -- they're from the same box, same drawer.
MR. CHAKRAVARTY: And so does this contain all of those items that we previously identified, that you've separately showed the jury and are separately marked, as well as the remainder of the items that were in that drawer?
CHRISTOPHER DERKS: Correct. These are the remainder of the items that have not yet been discussed but would show up in that initial photograph of the drawer pulled out.
MR. CHAKRAVARTY: All right.
MR. CHAKRAVARTY: At this point, your Honor, I would move into evidence Exhibit 1077; 1078; 1205, which was the collection of a number of items of tape; 1094; 1095; 1096; 1097; 1098; 1099; 1101; 1186; 1187, under the proviso of it's just the computer, not the data; 1189; 1191; 1193; 1195; 1199; 1200; 1203; 1206; 1208; 1210; 1214; 1216; 1217; 1218; as well as 1198; and 1197.
MS. CONRAD: Your Honor, we still need to straighten out this issue with the numbers, so maybe we could do that over the break.
THE COURT: I'll conditionally admit all of those, and we'll double-check to make sure the numbering is accurate, it corresponds to the actual items.
MS. CONRAD: Thank you.
(Government's Exhibit Nos. 1077; 1078; 1205; 1094-1099; 1101; 1186-1187; 1189; 1191; 1193; 1195; 1199-1200; 1203; 1206; 1208; 1210; 1214; 1216-1218; 1197-1198 received into evidence.)
MR. CHAKRAVARTY: Just one moment, your Honor.
Thank you, your Honor. That's all.
THE COURT: Actually, why don't we take the break at this point, and you can take an audit of the items before cross-examination.
MS. CONRAD: Thank you very much.
THE COURT: Okay. We'll break a little early.
COURT CLERK: All rise for the Court and jury. Court will take the morning recess.)
(Recess taken at 10:34 a.m.)
(After the recess:)
COURT CLERK: All rise for the Court.
COURT CLERK: Be seated.
MR. CHAKRAVARTY: Your Honor, before Ms. Conrad commences cross, there are some items -- recognizing that the witness is still in the room, there are some items that the defense may seek to introduce through this witness which the government has an objection to, not for authentication grounds but rather with regards to the substance being both irrelevant and prejudicial. They are essentially notebooks which are in predominantly a foreign language, although there is some English in it as well, which appear to contain the handwriting of Tamerlan Tsarnaev, amongst others.
And the likely utility of this information is -- by the defense is to suggest evidence about Tamerlan which the government suggests is both irrelevant, certainly at this state of the proceedings, and otherwise inadmissible. If there is an alternative ground, just showing that Tamerlan resided there, then that can be made simply by showing his name without any substance of the writing.
MS. CONRAD: Well, your Honor, the government just introduced a large number of writings, notes, with unidentified handwriting on them, and there are other writings and other items found in that apartment that are relevant. I mean, we can take it item by item but it seems to me that it's primarily an issue of 106, of completeness. The government can't say, Well, we just put this in and we're going to exclude everything else because we don't want it in.
THE COURT: What is the volume --
MS. CONRAD: Not much. There's four notebooks --
I'm sorry?
(Counsel confer off the record.)
MS. CONRAD: Yeah, he identified pictures of the one collection of notebooks. There's one additional notebook. There is a newspaper, there is a -- I have to double-check my notes. Wait a second.
(Pause.)
MS. CONRAD: There are some items that would be coming in through a second witness from a second search of this apartment but I don't know if we need to address those now.
There's a note that is inside a plastic bin that was found in the bunkbed room. I also planned to -- I think that that's it for this witness.
THE COURT: If it's just those few items, you can have them.
MS. CONRAD: Thank you.
And, your Honor, also, with respect to the matter addressed at sidebar, I'd like to make a proffer at this time, if I may?
THE COURT: We'll do it later. The jury is standing outside the door.
MS. CONRAD: Well, I'm going to -- okay. I mean, can I --
THE COURT: You can protect the record.
MS. CONRAD: I'm sorry?
THE COURT: If it's just to protect the record, which I --
MS. CONRAD: No, it's to specify the portions of the document that I referred to that I would like to introduce, because the Court made a ruling, I think, without me having an opportunity to specify what was being offered.
THE COURT: I don't think the details matter to the ruling, but you could put it on the record at some point.
MS. CONRAD: Thank you.
MR. CHAKRAVARTY: Your Honor, with regard to the notebooks, recognizing they're authentic, before the substance -- especially the Russian language stuff that would have to be translated, before that is published to the jury, we would just like to be heard again on this -- about the hearsay and the substance of -- those statements are hearsay.
MS. CONRAD: It's not for the truth.
THE COURT: Yeah, I wouldn't think it's offered as -- to prove the assertion but simply that it belonged to somebody else, in this case an alleged coconspirator.
MR. CHAKRAVARTY: And the government's position is that can be done without introducing -- not through hundreds of pages of Russian language translation which we've just received the defense --
MS. CONRAD: I'm not offering the translation at this time. Sorry, I didn't mean to talk over.
THE COURT: No, I didn't understand that there were translations involved.
MS. CONRAD: I'm just putting the physical objects in.
THE COURT: Right. In a sense, this is like the computer box.
MR. CHAKRAVARTY: All right.
MS. CONRAD: Right. Thank you.
THE COURT: All right.
(Pause.)
COURT CLERK: All rise for the jury.
(The jury enters the courtroom at 11:05 a.m.)
COURT CLERK: Be seated.
THE COURT: Go ahead.
MS. CONRAD: Thank you.