3.Christopher Derks — Cross/Redirect/Recross (Part 2)
449 linesCHRISTOPHER DERKS, resumed
CROSS-EXAMINATION BY MS. CONRAD:
MS. CONRAD: Good morning, Agent Derks. My name is Miriam Conrad. I'm one of Mr. Tsarnaev's lawyers.
You said that there was no one at the apartment when you arrived at 410 Norfolk Street, correct?
CHRISTOPHER DERKS: Nobody had been inside it prior to the hostage rescue team reaching the doors.
MS. CONRAD: So you're not aware of the fact that Tamerlan Tsarnaev's wife and child were there at the time that the search team arrived?
CHRISTOPHER DERKS: I didn't see them.
MS. CONRAD: So you're not aware. They might have been there when the hostage rescue team arrived, but you didn't see that?
CHRISTOPHER DERKS: I was further up the street towards -- on Norfolk towards an intersection where a lot of these cameras were set up, and we were backed off the scene because they breached the doors explosively.
MS. CONRAD: Okay. So you don't know, then, yourself whether anyone was there when law enforcement first arrived?
CHRISTOPHER DERKS: Correct.
MS. CONRAD: And the room that you identified as the bunkbed room --
CHRISTOPHER DERKS: Yes.
MS. CONRAD: -- and I think on your chart originally when you did a diagram of the apartment as part of the seizure of evidence, you identified that as Room H?
CHRISTOPHER DERKS: Yes. Somebody else did the sketch, but that was Room H for purposes of the search.
MS. CONRAD: And that appeared to be using it -- being used as sort of a computer or storage room. Is that right?
CHRISTOPHER DERKS: Well, that was in there amongst other things.
MS. CONRAD: I'm sorry?
CHRISTOPHER DERKS: That was in there. Computers and storage items were in there.
MS. CONRAD: So it appeared that it was being used for that purpose, correct?
CHRISTOPHER DERKS: As well as having two beds in there.
MS. CONRAD: And there were things piled on the floor, right?
CHRISTOPHER DERKS: There were items on the floor, yes.
MS. CONRAD: And there were things piled on the shelf, right?
CHRISTOPHER DERKS: Yes.
MS. CONRAD: And I just want to show you this photograph. I think we saw it but I don't think it was offered.
MS. CONRAD: And I don't know what the next exhibit number was. It might have actually been marked by the government. Maybe -- yeah. 1185-11.
MS. CONRAD: Is that what it looked like when you went -- oops. Let me go out. Is that what the room looked like when you went in there?
CHRISTOPHER DERKS: I believe so.
MS. CONRAD: I'd offer that, your Honor.
MR. CHAKRAVARTY: No objection, your Honor.
THE COURT: The number again?
MS. CONRAD: 1185-11.
(Defense Exhibit No. 1185-11 received into evidence.)
CHRISTOPHER DERKS: Was this taken from our ERT case book, the photograph?
BY MS. CONRAD:
MS. CONRAD: I would have to ask the government since it's their photograph.
CHRISTOPHER DERKS: We had photographs taken as we went in and when we left and then there was a subsequent search. Actually, this was at the beginning.
MS. CONRAD: I'm sorry. This was at the beginning?
CHRISTOPHER DERKS: Yes. I see the computer and the flag on the wall, so this would have been at the beginning of the search.
MS. CONRAD: And you showed us some items that appeared to be on top of some kind of plastic container.
MS. CONRAD: If I could just have the computer presentation for a moment.
MS. CONRAD: Do you see that Item 69?
CHRISTOPHER DERKS: It hasn't come up yet.
MS. CONRAD: I'm sorry?
CHRISTOPHER DERKS: I don't see it.
MS. CONRAD: Oh, okay. This is from, I think, 620, which is already in?
CHRISTOPHER DERKS: Yes.
MS. CONRAD: Do you see it?
CHRISTOPHER DERKS: Yes, I do.
MS. CONRAD: Okay. So that was placed on top of that container by the FBI in order to take that photograph, correct?
CHRISTOPHER DERKS: Yes, it was probably moved. I saw it in place, and it was photographed some other time.
MS. CONRAD: And so -- I'm sorry. So that's not where it was when it was first discovered?
CHRISTOPHER DERKS: I don't recall at this moment.
MS. CONRAD: And the same is true -- let me make sure I can get this right -- of this item which I think has already been introduced.
CHRISTOPHER DERKS: Yes.
MS. CONRAD: And again, that was not placed on top of that purple plastic lid when it was discovered, right?
CHRISTOPHER DERKS: I don't recall at this moment.
MS. CONRAD: I'm sorry?
CHRISTOPHER DERKS: I don't recall exactly if it was in the bin or if it was on top.
MS. CONRAD: Well, don't they both look like, in those two pictures -- one is, I think, 67 and the other is 69 --
CHRISTOPHER DERKS: Right.
MS. CONRAD: -- they are placed alone on top of that lid?
CHRISTOPHER DERKS: Sure. Things will be moved to be photographed out of the context from which they were found, sometimes with the scale, sometimes without, just to have its own dedicated photo.
MS. CONRAD: So would you agree with me that those two photos appear to have been placed on top of that purple plastic lid for purposes of being photographed?
CHRISTOPHER DERKS: Sure, it's very possible.
MS. CONRAD: And going back for a minute to 620 -- oh, there's another one that's been placed on top of that lid, Item 73?
CHRISTOPHER DERKS: Yes.
MS. CONRAD: And those are the paper targets that you referred to before?
CHRISTOPHER DERKS: Yes.
MS. CONRAD: The BB targets, that is?
CHRISTOPHER DERKS: Yes.
MS. CONRAD: And showing you this photograph of the shelves in that bedroom where you see the Items 19 and 68.
CHRISTOPHER DERKS: Yes.
MS. CONRAD: Nineteen was a collection of electrical cords, correct?
CHRISTOPHER DERKS: Yes.
MS. CONRAD: And that was Q685. Am I right?
CHRISTOPHER DERKS: I don't know. That's a laboratory number.
MS. CONRAD: Okay.
MS. CONRAD: If I could just have this for the witness, please.
MS. CONRAD: Do you see where it says "Q685" on the bottom? That's an FBI lab tag?
CHRISTOPHER DERKS: Right in the center?
MS. CONRAD: Yes.
CHRISTOPHER DERKS: I can't see. You'd have to zoom in.
MS. CONRAD: I'll try to zoom in.
CHRISTOPHER DERKS: Oh, yes. On the left-hand side?
MS. CONRAD: Yes.
CHRISTOPHER DERKS: Okay.
MS. CONRAD: And that's a picture of that bin that was on those shelves in Room H, right?
CHRISTOPHER DERKS: Correct.
MS. CONRAD: I'd offer this, your Honor.
MR. CHAKRAVARTY: No objection.
THE COURT: What's the number?
MS. CONRAD: I don't know.
COURT CLERK: Ms. Conrad, the next defense number is 3062.
MS. CONRAD: Thank you very much.
COURT CLERK: You're welcome.
MS. CONRAD: So I'd offer this as 3062, and if it could be published to the jury, please.
THE COURT: All right.
(Defense Exhibit No. 3062 received into evidence.)
BY MS. CONRAD:
MS. CONRAD: And do you see a piece of paper up near the top of that?
CHRISTOPHER DERKS: Yes, I do.
MS. CONRAD: And was that seized and sent to the lab as Q685.1?
CHRISTOPHER DERKS: The entire bin and their items, their contents, were submitted as one item from us. So they would have been split out at the laboratory as a sub-exhibit.
MS. CONRAD: May I approach the witness?
THE COURT: Yes.
BY MS. CONRAD:
MS. CONRAD: And can you read what the Q numbers on that envelope are, please?
CHRISTOPHER DERKS: Sure. The Q numbers are 685.1 and 685.3.
MS. CONRAD: Could I ask you to open that, please, and just remove Q685.1?
CHRISTOPHER DERKS: Okay.
MS. CONRAD: Do you need scissors?
CHRISTOPHER DERKS: I've got some here.
MS. CONRAD: Okay.
(Pause.)
CHRISTOPHER DERKS: I don't want to cut anything in half.
MS. CONRAD: I understand. I think it's the handwritten...
CHRISTOPHER DERKS: This is .1.
MS. CONRAD: Okay. So there's two handwritten pages, it looks like torn out of a notebook there?
CHRISTOPHER DERKS: Yes, and one of them is torn and a half.
MS. CONRAD: And it looks like those were tested at the lab as Q685.1?
MS. CONRAD: Your Honor, I could offer that, or maybe it's easier because of the condition if I just offer a copy if the government doesn't have an objection.
MR. CHAKRAVARTY: If I can see the copy, that should be fine, your Honor.
MS. CONRAD: I'm sorry?
MR. CHAKRAVARTY: If I can see it.
(Pause.)
MR. CHAKRAVARTY: No objection, your Honor --
THE COURT: Okay.
MR. CHAKRAVARTY: -- in light of our earlier --
THE COURT: Yes. The next number? 3063?
MS. CONRAD: I'm sorry. I should have remembered. 3063? Thank you.
(Defense Exhibit No. 3063 received into evidence.)
BY MS. CONRAD:
MS. CONRAD: And I'm just going to put that up on the screen. And that appears -- is that a copy of the actual paper that you have in front of you?
CHRISTOPHER DERKS: Yes. This passage here is the page I have that's torn in half on the left side.
MS. CONRAD: Right. And so then just turning it sideways, you see Q685.1. And that matches, right?
MS. CONRAD: And that's the lab number, right?
CHRISTOPHER DERKS: Yes, it is.
MS. CONRAD: And then this is the second page? Let me zoom out.
CHRISTOPHER DERKS: Yes, it appears to be the same.
MS. CONRAD: And, again, Q685.1 is at the bottom?
MS. CONRAD: And that's the number that's given at the lab when the analyst tested it, in this case for fingerprints, correct?
CHRISTOPHER DERKS: Fingerprints and other tests that they perform on it. But it's assigned at the laboratory.
MS. CONRAD: Right. Now --
MS. CONRAD: Could I please have Q708, please? It's multiple notebooks.
CHRISTOPHER DERKS: Would you like me to put these back into the envelope?
MS. CONRAD: Sure. Well, yes, thank you. I don't think we're going to need them now.
And you also -- I think you testified about a number of notebooks that you found in Room H?
CHRISTOPHER DERKS: No, they were in Room B, which was the front room.
MS. CONRAD: Okay. And if I could just have a moment to try and get there.
(Pause.)
MS. CONRAD: Tell me when I've got the right room.
CHRISTOPHER DERKS: Go down one. There, and in the far right-hand corner at the bottom there's a -- right in there.
(Pause.)
MS. CONRAD: I think it's actually this one. Let's see. Yeah, there it is, right?
MS. CONRAD: And I think you have -- no, you're about to have the box in front of you.
Can I ask you to take a look at the wrapping and also at the contents of that bag?
CHRISTOPHER DERKS: Okay.
MS. CONRAD: And are those the notebooks that you located in that living room?
CHRISTOPHER DERKS: Yes, they are.
MS. CONRAD: And I'd offer those as well, your Honor. I believe it would be Exhibit 3064.
MR. CHAKRAVARTY: No objection, your Honor.
THE COURT: They're admitted. How many are there?
MS. CONRAD: One, two, three -- actually, let's ask Agent Derks. He's got them in front of him.
CHRISTOPHER DERKS: I would have to open it up.
BY MS. CONRAD:
MS. CONRAD: Oh, yes. Could you open it up, please?
(Pause.)
CHRISTOPHER DERKS: Okay.
MS. CONRAD: And could you tell us how many notebooks there are there?
CHRISTOPHER DERKS: There's one --
MS. CONRAD: Ms. Clarke suggests that they each be marked individually, 3064-1, -2 -- and so forth.
MR. CHAKRAVARTY: The government objects to that. Given the purpose for which they're being offered, there's no sense in separating them out, your Honor.
MS. CONRAD: I think it's going to be easier later for identification purposes when contents are introduced.
THE COURT: If they're introduced. I think it's sufficient to have them as a group exhibit right now. If circumstances change, we can adjust.
CHRISTOPHER DERKS: Okay. There are four spiral notebooks, a composition book, a small book with birds on them with graph paper inside, and a portfolio binder, Bunker Hill Community College.
BY MS. CONRAD:
MS. CONRAD: So six items altogether?
CHRISTOPHER DERKS: Yes, and there's some leftovers.
MS. CONRAD: Okay. Thank you.
MS. CONRAD: I don't know if I -- did I move those in? I think I did.
THE COURT: To be clear, as per our previous discussion, they're not in for the truth of any matter asserted in them, just for their existence.
(Defense Exhibit No. 3064 received into evidence.)
MS. CONRAD: Right.
BY MS. CONRAD:
MS. CONRAD: And did you also seize another notebook, which is Q714?
CHRISTOPHER DERKS: I don't have a lab number.
MS. CONRAD: Okay. I think it's 2R077, if that rings a bell?
CHRISTOPHER DERKS: 77 would have been an item number from our search.
MS. CONRAD: Right.
CHRISTOPHER DERKS: I would have to look at our case book to see which one it was.
MS. CONRAD: All right. We had asked that it be produced, but I'm not sure that it's been located.
MS. CONRAD: Well, may I approach the witness?
THE COURT: Yes.
BY MS. CONRAD:
MS. CONRAD: Do you recognize this as copies of Q714?
CHRISTOPHER DERKS: I believe there's another -- a book with a red cover on it which had Russian writing which -- I would want to see the photographs taken at the search; these were taken at the laboratory.
MS. CONRAD: I'll try to find them.
(Pause.)
MS. CONRAD: There also was a newspaper that was found. Is that right?
CHRISTOPHER DERKS: There were several.
MS. CONRAD: Called the Sovereign?
MS. CONRAD: And that's Item 2R93?
MS. CONRAD: May I approach?
CHRISTOPHER DERKS: Are we done with these?
MS. CONRAD: Sure.
Could you open -- do you recognize that envelope?
CHRISTOPHER DERKS: Yes, I do. It has my name on it.
MS. CONRAD: And that was the newspaper that was seized from I think the living room. Is that right?
CHRISTOPHER DERKS: Yes. It was on top of the TV stand to the left of the TV.
MS. CONRAD: Okay. Could you open that, please?
CHRISTOPHER DERKS: Sure.
(Pause.)
CHRISTOPHER DERKS: Okay.
MS. CONRAD: And is that the item that you found on the TV stand in the living room?
CHRISTOPHER DERKS: Yes, it is.
MS. CONRAD: I'd offer that, your Honor.
MR. CHAKRAVARTY: Your Honor, I would object to these on relevance grounds. These are different than those other documents.
THE COURT: Let me just see you at the side with the exhibit.
(Discussion at sidebar and out of the hearing of the jury:)
MR. CHAKRAVARTY: Your Honor, the agent advised that the hydro spray that they use to try to lift fingerprints could be a carcinogen, so he just doesn't want to handle it much more --
THE COURT: What are these?
MR. CHAKRAVARTY: These papers are the -- this is a magazine, I would just say for characterization, in which certain passages are highlighted.
MS. CONRAD: Do you want gloves?
MR. CHAKRAVARTY: Sure.
THE COURT: Who publishes it?
MR. CHAKRAVARTY: It's one of these private -- I don't know if it's a nonprofit or not, but it's a private organization that encourages resistance.
MS. CONRAD: It's an extremist organization.
THE COURT: What's the point of it?
MS. CONRAD: The point of it was that Tamerlan Tsarnaev was engaged for quite some time with these various sort of extreme ideas.
THE COURT: How does that bear on --
MS. CONRAD: Well, the government had a witness testify at length about the process of radicalization, and it seems to me that the story of radicalization cannot be told solely in terms of Jahar Tsarnaev; it has to be termed -- to use the expert witness's phrase -- in context, and this is the context of Tamerlan Tsarnaev.
MR. CHAKRAVARTY: Tamerlan --
THE COURT: No. Without tying it more directly to this defendant, I don't think it should be in.
MS. CONRAD: Well, I'm sorry, your Honor. I just don't understand. So things that prove the defendant's guilt are admissible on the part of the government but things that put that in context by pointing to another person's involvement, specifically a coconspirator, are not?
THE COURT: I don't think I would adopt that characterization.
MS. CLARKE: Judge, can we just mark them so we have them?
THE COURT: Sure, you can mark them.
MS. CLARKE: While I've got you up here, the government did the same thing to us. They collected a bunch of stuff and gave it one number. That's why I wanted to get each of these notebooks a number so that we can distinguish them if we ever start debating them for purposes --
THE COURT: Well, you can talk about them. I don't know enough about them to know if it's a good idea or not.
MS. CLARKE: Well, it's not a bad idea. Let me put it to you that way.
THE COURT: All I know is that they're notebooks that I presume suggest that they belonged to somebody other than the defendant, but for whatever value that has, I will allow them in. But I don't know that distinguishing them by number is going to matter.
MS. CLARKE: Well, for purposes of the record it does.
THE COURT: Only if they're separated at some point.
MS. CLARKE: Okay.
MR. CHAKRAVARTY: We can talk about how to divide them up.
MS. CONRAD: So, your Honor, would it be appropriate if I had a copy of that marked for identification just because of the difficulty in terms of the handling or --
THE COURT: Yeah. If you want to -- just to preserve the point?
MS. CONRAD: Yes.
THE COURT: Yeah, I think a copy will do.
MR. CHAKRAVARTY: That's fine.
(In open court:)
MS. CONRAD: So just for the witness, please, the document camera.
BY MS. CONRAD:
MS. CONRAD: Does this appear to be a copy of Q78?
CHRISTOPHER DERKS: You're going to have to zoom in on that probably.
MS. CONRAD: Okay.
MS. CONRAD: And there are multiple pages here?
CHRISTOPHER DERKS: There are.
MS. CONRAD: Your Honor, I would ask that that be marked for identification -- a copy be marked for identification as Defendant's 3065.
THE COURT: Right. It may be marked for identification only.
(Defense Exhibit No. 3065 marked for identification.)
BY MS. CONRAD:
MS. CONRAD: Now, you testified about a drawer in the room behind the kitchen where there were a number of items that were marked as 79, correct?
CHRISTOPHER DERKS: As Item 79 or 725?
MS. CONRAD: I think it was 79. Yes.
MS. CONRAD: Right?
MS. CONRAD: And this is another view --
MS. CONRAD: If I could have the document camera, please.
MS. CONRAD: -- of that drawer?
THE COURT: May I make a suggestion? I think every time you shut it off and turn it back on it recycles, so it was in the pause.
MS. CONRAD: I'm just terrified that I'm going to put my notes on there and everyone is going to see my messy notes, so that's why I do that.
BY MS. CONRAD:
MS. CONRAD: Let me zoom out a little bit. Is that another view of that drawer?
CHRISTOPHER DERKS: Yes; that's a photograph that would have been taken at our laboratory.
MS. CONRAD: And I would offer this, your Honor.
MR. CHAKRAVARTY: No objection.
THE COURT: Okay.
MS. CONRAD: So 3066? I'm picking this up, Mr. Lyness, thank you.
(Defense Exhibit No. 3066 received into evidence.)
BY MS. CONRAD:
MS. CONRAD: And drawing your attention to this --
MS. CONRAD: -- do you know what that is?
CHRISTOPHER DERKS: I said earlier it looks like the top of a soup can or something like that.
MS. CONRAD: It's got some marking on it?
CHRISTOPHER DERKS: In this picture, yes.
MS. CONRAD: And that was tested at the lab as well?
CHRISTOPHER DERKS: I do not know what tests were performed on it at the laboratory.
MS. CONRAD: Okay. But it looks like it's got some black powder on it?
CHRISTOPHER DERKS: There is some smudging on it, yes.
MS. CONRAD: I think -- if I already offered this, then I'll move on. Thank you.
MS. CONRAD: Mr. Chakravarty asked you about a desktop computer and introduced that, an HP, Hewlett-Packard, right?
MS. CONRAD: But you also seized two other computers, did you not?
CHRISTOPHER DERKS: I believe there was a laptop.
MS. CONRAD: There were two laptops, right?
CHRISTOPHER DERKS: I believe so, yeah. I would have to look.
MS. CONRAD: There was a MacBook Pro, right?
CHRISTOPHER DERKS: I would have to look at our case notes to refresh my memory.
MS. CONRAD: Okay.
MS. CONRAD: Okay. Just for the witness.
MS. CONRAD: Drawing your attention to 2R-034, do you see there was a laptop computer found on the top of the dresser drawer in Room C?
CHRISTOPHER DERKS: Right. That was the room where the drawer of nails were.
MS. CONRAD: Okay. And you don't, I assume, offhand remember what the -- oh, here we go. And there's also Item 2R-028 which was found also in Room C but on the floor of the closet?
MS. CONRAD: And those both were seized by the FBI?
CHRISTOPHER DERKS: Yes, they were.
MS. CONRAD: May I have one moment, please?
(Counsel confer off the record.)
MS. CONRAD: And another item that was seized --
MS. CONRAD: Again, just for the witness.
MS. CONRAD: Drawing your attention to 2R-023.
MS. CONRAD: Was that a travel document, an airplane ticket or receipt, for Tamerlan Tsarnaev?
MR. CHAKRAVARTY: Objection, your Honor. First, the document is being offered to refresh the witness's recollection, and the attorney is --
MS. CONRAD: I was about to show it to him and then offer it, so I could do that if Mr. Chakravarty prefers.
THE COURT: No, overruled. Go ahead.
BY MS. CONRAD:
MS. CONRAD: Was that an airplane ticket, Russian airplane ticket, for Tamerlan Tsarnaev?
CHRISTOPHER DERKS: I remember it looking like an old-fashioned plane ticket from a while ago.
MS. CONRAD: Let me see how adept I am with this computer. Maybe I can show it to you. I think it's Exhibit 1219, if Mr. Bruemmer would be so kind. I'd rather him do it than me because he's more likely to get it right.
Is that the document you saw?
CHRISTOPHER DERKS: Yes, it is.
MS. CONRAD: I would offer that, your Honor, Exhibit 3066 -- -67.
MR. CHAKRAVARTY: Object to relevance.
THE COURT: Overruled. I'll admit it.
MS. CONRAD: And could that be published, please.
(Defense Exhibit No. 3067 received into evidence.)
MS. CONRAD: Could you maybe zoom in on the written portion of that? Thank you.
BY MS. CONRAD:
MS. CONRAD: So that appears to be for Tamerlan Tsarnaev, right?
CHRISTOPHER DERKS: That's what it says in the upper left-hand corner.
MS. CONRAD: And it looks like it's more of a receipt than a -- than an actual ticket, right?
CHRISTOPHER DERKS: It looks that way.
MS. CONRAD: And can you read the date on that, in the center?
MS. CONRAD: I'm going to circle it if I --
CHRISTOPHER DERKS: July 17th, 2012.
MS. CONRAD: Okay. And does it indicate where the travel is to?
CHRISTOPHER DERKS: I'm not familiar with this type of receipt.
MS. CONRAD: Are you familiar with the airline Aeroflot, if I'm pronouncing that correctly?
CHRISTOPHER DERKS: Yes, I am.
MS. CONRAD: And is that a Russian airline?
CHRISTOPHER DERKS: Yes, it is.
MS. CONRAD: Thank you very much, Mr. Bruemmer.
MR. CHAKRAVARTY: Your Honor, just on that exhibit, I think Ms. Conrad called that 3066, and I think there already is a 3066. The government had labeled that 1219.
MS. CONRAD: Oh, that's right. Okay. So let's stick with 1219.
And actually, I don't know if this would be a good time, your Honor, this has nothing to do with this witness, but there is a numbering issue with some previous defense exhibits that perhaps I could put on the record right now.
THE COURT: Okay.
MS. CONRAD: Previously the defense had offered Defendant's Exhibit 1, which was the Twitter account for Mr. Tsarnaev, Dzhokhar Tsarnaev, as Defendant's Exhibit 1. That has been renumbered as Exhibit 3000. And similarly, Exhibit 2, Defendant's Exhibit 2, which was an extract of phone records for -- and cell locations introduced during the testimony of Agent Fitzgerald has been renumbered as 3001.
THE COURT: That's just to conform to the convention that the defense exhibits will be 3000 --
MS. CONRAD: At some point we're going to refer back to those, and I want to make sure we're all on the same page when we do that.
May I just have one moment, please, your Honor.
(Counsel confer off the record.)
BY MS. CONRAD:
MS. CONRAD: Ms. Clarke reminds me that I need to go back to 714. You mentioned that that had a red cover, correct?
CHRISTOPHER DERKS: I believe so. I would like to see a photograph of it.
MS. CONRAD: Sure. Oh, here it is.
MS. CONRAD: Again, just for the witness.
MS. CONRAD: Is that what you're thinking about?
CHRISTOPHER DERKS: It's not showing up.
MS. CONRAD: Oh, it's not? I didn't even turn it off this time.
THE COURT: No, it should be there.
CHRISTOPHER DERKS: Is there another photograph with the front cover?
BY MS. CONRAD:
MS. CONRAD: I don't have the front. This was the one I showed you before. Oh, maybe that's the front. I can't tell if that's the front or the back.
CHRISTOPHER DERKS: That appears to be it, but I'll be more comfortable with this photograph of it from --
MS. CONRAD: Let me see if I can find that.
CHRISTOPHER DERKS: It would be in the logbook.
MS. CONRAD: But while I'm doing that, while I'm looking for that, can I also ask you if you also participated in a search a day or two later at an address 69A Carriage Drive in New Bedford, Massachusetts?
CHRISTOPHER DERKS: Yes, that was, I believe, on a Monday morning.
MS. CONRAD: I'm sorry?
CHRISTOPHER DERKS: That would have been a Monday.
MS. CONRAD: So that would have been the 22nd? April 22nd? The 19th was Friday, the --
CHRISTOPHER DERKS: Yeah, sure.
MS. CONRAD: And at that time did you recover a book about Islam?
MR. CHAKRAVARTY: Objection, your Honor. Both for the relevance of this book as well as other items from 69A Carriage Drive through this witness.
THE COURT: Well, yeah. I think it's beyond the scope of the examination, so...
MS. CONRAD: It was to save time later if we need to go back to it later, your Honor, but...
(Pause.)
BY MS. CONRAD:
MS. CONRAD: I asked you at the beginning whether that room, Room H, was being used as a storage room or computer room?
CHRISTOPHER DERKS: It was -- there was a computer in there but it's --
MR. CHAKRAVARTY: Objection, your Honor. There's no question on the table.
THE COURT: All right. Ask a question.
MS. CONRAD: Okay.
BY MS. CONRAD:
MS. CONRAD: Did you at some point have a discussion with the prosecution about --
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Sustained.
MS. CONRAD: May I -- your Honor, I would like to have marked for identification at this time the statement that I previously mentioned at sidebar.
THE COURT: You may have it marked for identification, yes.
MS. CONRAD: So that would be -- and this would be Docket 350, so pages 3 and 4 of that pleading. And I'd like it marked as Exhibit 3068 for identification.
THE COURT: Okay.
(Defense Exhibit No. 3068 marked for identification.)
MS. CONRAD: Nothing further.
MR. CHAKRAVARTY: Briefly.
REDIRECT EXAMINATION BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Agent Derks, did you find evidence that many people lived at the 410 Norfolk Street residence?
MS. CONRAD: Objection.
THE COURT: Overruled.
MS. CONRAD: Scope.
THE COURT: No.
BY MS. CONRAD:
MR. CHAKRAVARTY: Did you find evidence of documents identifying Dzhokhar Tsarnaev in a few of those rooms?
MR. CHAKRAVARTY: And in that room that Ms. Conrad asked about, Room H, the one with the flag and the bunk beds, did you find documents in Dzhokhar Tsarnaev's name in that room?
MR. CHAKRAVARTY: And, in fact, his naturalization certificate, was that in that room?
MR. CHAKRAVARTY: The handwriting that Ms. Conrad showed you, was that handwriting different from the handwriting which we looked at earlier from the note that was in that book that was on that same shelf?
CHRISTOPHER DERKS: I'm not a handwriting expert so I cannot comment on if it's a different pen or not.
MR. CHAKRAVARTY: And there was a variety of different types of writing that were seized from that house?
MR. CHAKRAVARTY: Thank you.
MR. CHAKRAVARTY: Your Honor, just -- if there's not going to be recross, I just want to make sure the record is clear as to what exhibits have been moved in and the earlier list.
MS. CONRAD: There is going to be a recross.
THE COURT: Not very much.
MS. CONRAD: No, not very much.
MR. CHAKRAVARTY: Your Honor, there are two corrections on the exhibit numbers that I had read off earlier. I said "1095" and "1097," but I believe on the stand I asked the agent to change those to 1192 and 1194. Thank you.
(Government Exhibit Nos. 1095 and 1097 are replaced with Exhibit Nos. 1192 and 1194.)
RECROSS-EXAMINATION BY MS. CONRAD:
MS. CONRAD: Agent Derks, are you aware that numerous documents bearing the name of Tamerlan Tsarnaev were found in that apartment?
MS. CONRAD: Are you aware that numerous documents and objects belonging to Katherine Tsarnaev were found in that apartment?
CHRISTOPHER DERKS: Yes, there were.
MS. CONRAD: Are you aware that the children's bedroom that we saw belonged to the daughter of Katherine and Tamerlan Tsarnaev?
CHRISTOPHER DERKS: I believe it was a little girl that stayed there.
MS. CONRAD: And do you know if her name was Zahara?
CHRISTOPHER DERKS: I don't recall. And just so you know, at the time of the search it was still an active investigation so our knowledge was very limited.
MS. CONRAD: Are you aware that many of the items that were introduced here today bore the fingerprints --
MR. CHAKRAVARTY: Objection, your Honor.
MS. CONRAD: -- of Tamerlan Tsarnaev?
THE COURT: Sustained to that.
MS. CONRAD: I have nothing else.
THE COURT: All right. Agent, thank you. You may step down.
(The witness is excused.)
THE COURT: Somebody has to attend to the objects.
MS. CONRAD: I'm supposed to tell the Court that I messed up the numbers and so the exhibit for identification should be 3067, not 3068.
(Defense Exhibit No. 3068 is replaced by Exhibit No. 3067.)
(Pause.)
THE COURT: Are you all organized?
MR. MELLIN: I think we are. I'm not sure yet.
THE COURT: All right. Go ahead.