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2015 Federal TrialtranscripttranscriptHeidi Williams — Direct/Cross - Day 39 - 2015 Federal TrialHeidi Williams read admitted messages and Internet-activity report entries, then faced questions about omitted context. Additional messages were marked as Defense Exhibit 1387A for identification, with admissibility left for review.
Aloke ChakravartySteven D. MellinWilliam D. WeinrebJudy ClarkeMiriam ConradWilliam W. FickGeorge A. O'Toole Jr.Heidi WilliamsCourt ClerkHeidi WilliamsMR. CHAKRAVARTYTHE COURTMR. FICKMR. WEINREBMS. CONRADMR. MELLINMS. CLARKEdirectcrosssidebarprocedural
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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DirectDirectHeidi Williams — Direct Heidi Williams Aloke Chakravarty

HEIDI WILLIAMS, duly sworn

COURT CLERK: Have a seat. State your name, spell your last name for the record --

HEIDI WILLIAMS: Heidi Williams, W-I-L-L-I-A-M-S.

DIRECT EXAMINATION BY MR. CHAKRAVARTY:

MR. CHAKRAVARTY: Good afternoon, Agent Williams.

HEIDI WILLIAMS: Good afternoon.

MR. CHAKRAVARTY: How long have you been an FBI agent?

HEIDI WILLIAMS: In May it will be 11 years.

MR. CHAKRAVARTY: For purposes of this case -- for purposes of this trial, I should say, did I ask you to do something?

HEIDI WILLIAMS: Yes, you did.

MR. CHAKRAVARTY: What did I ask you to do?

HEIDI WILLIAMS: You asked me to review some text messages that were found on the Sony VAIO laptop.

MR. CHAKRAVARTY: And so did you do that?

MR. CHAKRAVARTY: And are you here today to simply read a few materials that are already in evidence to the jury?

MR. CHAKRAVARTY: And did you extract these text messages?

MR. CHAKRAVARTY: Did you do research on the -- all of the conversations around each of these text messages?

HEIDI WILLIAMS: Not really.

MR. CHAKRAVARTY: Okay. So in addition to the text messages, was there a report from a -- one of the computers that was seized in the case and already entered into evidence that you also reviewed?

MR. CHAKRAVARTY: And was that part of the Internet activity from the Sony VAIO laptop computer?

HEIDI WILLIAMS: Yes, it was.

MR. CHAKRAVARTY: And again, did you do -- are you an expert in the history or the computer forensics on how those were extracted?

HEIDI WILLIAMS: No, I'm not.

MR. CHAKRAVARTY: And did you read those, and are you going to read some of those records that are already in evidence to the jury today?

MR. CHAKRAVARTY: If we could, Mr. Bruemmer, first call up Exhibit 1385.

MR. CHAKRAVARTY: Agent Williams, if you would just read this text message which appeared on the Sony VAIO laptop on November 6, 2012, at approximately 10:30 p.m. and 59 seconds?

THE COURT: So, Mr. Chakravarty, this is an exhibit already in evidence?

MR. CHAKRAVARTY: I believe so. Yes, your Honor. Agent Swindon introduced these.

THE COURT: And you want it exposed?

MR. CHAKRAVARTY: Yes, please. Sorry. All of the evidence which Agent Williams is going to be reading is in evidence.

HEIDI WILLIAMS: So this is from the defendant.

MR. CHAKRAVARTY: Wait one moment. Thank you.

BY MR. CHAKRAVARTY:

MR. CHAKRAVARTY: Yes. Please proceed.

HEIDI WILLIAMS: Okay. This is from the defendant, and he says, "Elections are whatever. I want the lesser of two evils to win, which would be Obama, but either way they're shaytan as niggas, puppets of the system. Killing Muslims is the only promise they will fulfill."

MR. CHAKRAVARTY: Now, the "to" person to whom this was sent is redacted in this exhibit. Is that correct?

HEIDI WILLIAMS: That's correct.

MR. CHAKRAVARTY: And that's correct for all of the text messages that you've reviewed, correct?

MR. CHAKRAVARTY: Now, independently you've reviewed -- you know who those persons are, you just redacted it for purposes of these exhibits?

MR. CHAKRAVARTY: Go to Exhibit 1387.

MR. CHAKRAVARTY: And is this a text message exchange on Christmas day of 2012?

HEIDI WILLIAMS: Yes, it is.

MR. CHAKRAVARTY: And is it about 12:56 a.m., so shortly after midnight on the 24th, Christmas Eve?

MR. CHAKRAVARTY: Now, on this one, because there's an exchange, if we could -- we'll read it and call response, and I will be the -- if you could read the texts from the defendant and I will read the person who's on the other end.

At 12:25 -- excuse me -- 12:56 a.m. and 08 seconds the person says, "What's your plan? Stay at Dartmouth or transfer out? Yale? MIT? Harvard? Have you thought about what school?"

HEIDI WILLIAMS: "One more semester and I'm probably going to transfer. Not probably, most definitely."

MR. CHAKRAVARTY: "Oxford or are all those schools too easy for you?"

HEIDI WILLIAMS: "Nah, not ivy."

MR. CHAKRAVARTY: "Ivy schools are a force. Oh, shit. He's going to Harvard. That's crazy. None other reason than this. No point in going there other than to look good."

HEIDI WILLIAMS: "Something manageable. Not for working, slaving myself and crying myself to sleep."

MR. CHAKRAVARTY: N word "need to understand you don't ivy school to be successful."

HEIDI WILLIAMS: "I'm trying to go to an ivy for masters though. Not going to lie."

MR. CHAKRAVARTY: "What do you want to be? Sniper? Pyro? Engineer? Knowledge to become imam? Biologist? That shit crazy. WTF." Is that a phrase for, what, the F word?

MR. CHAKRAVARTY: "Imam Tsarnaev then? Spy?"

HEIDI WILLIAMS: "I wanna bring justice for my people."

MR. CHAKRAVARTY: Go to Exhibit 1388, please.

MR. CHAKRAVARTY: Now, is this later that evening at about 11:43 p.m. and two seconds, again on Christmas Day, December 25, 2012?

MR. CHAKRAVARTY: And these are texts from the defendant?

MR. CHAKRAVARTY: And do you know if they were to the same person?

HEIDI WILLIAMS: Yes, they are.

MR. CHAKRAVARTY: And what did the defendant say?

HEIDI WILLIAMS: "Doing something with Tamerlan. I'll hit you up in a bit, bro."

MR. CHAKRAVARTY: Could we go to Exhibit 1395, please.

MR. CHAKRAVARTY: Now, is this another exchange between the defendant and the same person?

HEIDI WILLIAMS: Yes, it is.

MR. CHAKRAVARTY: And was this about a month later, on January 28th, 2013, beginning at about 11:36 p.m. and 12 seconds?

MR. CHAKRAVARTY: Okay. If you could begin with reading the defendant's part?

HEIDI WILLIAMS: "Come May I'm out."

MR. CHAKRAVARTY: "Oh, yeah. You're getting yourself a wifey?"

"You getting yourself a wifey? Good shit."

HEIDI WILLIAMS: Well, IDK," I believe to be I don't know "about that, but we'll see."

MR. CHAKRAVARTY: "I think it's a little too early. I don't even know if I want I get married, bro."

HEIDI WILLIAMS: "LOL. Yea, I know. I'm just trying to finish school."

HEIDI WILLIAMS: "I mean, there's one other option, bro. The highest level of Jannah."

MR. CHAKRAVARTY: "The only good thing about having a wife is" the P word is "halal."

HEIDI WILLIAMS: "If you know what I mean."

MR. CHAKRAVARTY: "Jihad? I really am down for that jihad life though. I've been thinking about that lately. LOL" or laugh out loud, "yeah, true, true."

HEIDI WILLIAMS: "Yeah, with your desires, c'mon, son. Don't be hot over the phone. LOL. Be for that man."

MR. CHAKRAVARTY: "And it's affecting my future plans. I don't even know if I want to go to college."

HEIDI WILLIAMS: "I'm with you on this one. I wanna talk to you in person sometime soon."

MR. CHAKRAVARTY: "Aight. We gotta chill sometime, man. I'm trying to study Islam or the Qur'an. No bueno. I didn't get a chance to chill with you over the break."

HEIDI WILLIAMS: "Yo, man. That sounds good. Do that. But you have to go to school in Medina somewhere. For now read a lot of Islamic literature."

MR. CHAKRAVARTY: "There has to be Islamic schools other than at Medina. If not, then I gotta save up my money and go there."

HEIDI WILLIAMS: "I mean, like, there other schools but not in America."

MR. CHAKRAVARTY: "You're looking at a future imam. When are you coming back for break?"

HEIDI WILLIAMS: "Insha'Allah. IDK," I don't know. "I'll be back either this weekend or next weekend. I'll let you know. But for now, all I'm saying is go to school or just chill and educate yourself. I got a plan." I'll tell you about it later. "I'll tell you later about it."

MR. CHAKRAVARTY: "I prefer jihad than an imam. LOL. I'm not a very good public speaker. And damn we definitely gotta chill, bro."

HEIDI WILLIAMS: "But imam, though? That's gonna be a lot of studying."

MR. CHAKRAVARTY: And these conversations that we've excerpted and presented as exhibits, they're part of longer conversations. Is that fair to say?

MR. CHAKRAVARTY: And do these portions of the conversations appear to be a part where they're talking about one subject matter?

MR. FICK: Objection.

THE COURT: Overruled.

HEIDI WILLIAMS: Yes, they appear to be all about the same subject matter within the context of each conversation.

BY MR. CHAKRAVARTY:

MR. CHAKRAVARTY: Within the context of each conversation. Thank you.

Now, this was on January 28, 2013. Is that right?

MR. CHAKRAVARTY: And just to clarify, the person with whom this conversation was happening was not Tamerlan Tsarnaev. Is that right?

HEIDI WILLIAMS: No, it was not.

MR. CHAKRAVARTY: Can we go now to Exhibit 1142-06. This is on the computer.

MR. CHAKRAVARTY: And is this the other document that I asked you to review and read?

HEIDI WILLIAMS: It is, but I can barely read it.

MR. CHAKRAVARTY: I'll zoom in. So is this the report generated by the FBI for selected Internet activity from the 1R6, the Sony VAIO laptop computer?

MR. CHAKRAVARTY: We'll go down now to page 14 of this document and I'll zoom in. I'm just going to read a few of the entries. Starting with these two, can you read the website that this computer went to?

HEIDI WILLIAMS: Sure. It's "www.FoxNews.com, U.S. slide show, 2013, 04/15, multiple casualties reported after two explosions at Boston Marathon," and it appears to be Slide 25 and 26.

MR. CHAKRAVARTY: And I'm going down to the bottom of page 16. This is a little harder to read, so I'll ask you to read the parsed-out description of the page.

HEIDI WILLIAMS: It says, "Boston April 15th. A man confronts an injured woman on sidewalk at the scene of the first explosion on Boylston Street near the finish line of the Boston Marathon."

MR. CHAKRAVARTY: And then it attributes the photo -- or a photo?

MR. CHAKRAVARTY: And I think you said "confronts." Is it "a man comforts"?

HEIDI WILLIAMS: "Comforts." I'm sorry. It's really hard to read.

MR. CHAKRAVARTY: Page 17. Are there more entries about the Boston Marathon?

HEIDI WILLIAMS: Yes; there are three. Do you want me to read them all?

MR. CHAKRAVARTY: Yes, please.

HEIDI WILLIAMS: "A second explosion goes off (rear) as a runner was blown to the ground by the first explosion near the finish line of the 117th Boston Marathon," and then the photo's credited. The second one says, "Boston April 15th. The injured are helped at the scene of the first explosion on Boylston Street near the finish line of the Boston Marathon," and that photo is credited. And then the third one says, "Boston police officer clears Boylston Street following an explosion at the finish line of the 2013 Boston Marathon."

MR. CHAKRAVARTY: And finally the last entry that I'm going to ask you to read.

HEIDI WILLIAMS: "Boston April 15th. Police officers with their guns drawn near the second explosion down the street. The first explosion knocked down a runner at the finish line of the 117th Boston Marathon."

MR. CHAKRAVARTY: Thank you, Agent Williams.

CrossCrossHeidi Williams — Cross Heidi Williams William W. Fick

CROSS-EXAMINATION BY MR. FICK:

MR. FICK: Good afternoon, Agent. Just a couple of questions. That text, Exhibit 1387, the one you read that talks about -- they sort of drop the names of a bunch of colleges. Do you remember that text exchange?

MR. FICK: Now, that exchange that you read from is a part of a larger exchange, correct?

MR. FICK: And just prior to that Mr. Tsarnaev and the person he's talking to in the text go back and forth about how Tamerlan has become more religious, correct?

HEIDI WILLIAMS: You'd have to put it in front of me. I mean, there were thousands of messages I read.

MR. FICK: Let me see if I can refresh your memory.

MR. FICK: I direct your attention to the page there but feel free to look at as much of that as you want.

THE COURT: What is the exhibit number, Mr. Fick?

MR. FICK: 1387, but I'm showing her a larger collection.

(Pause.)

HEIDI WILLIAMS: Yes, several minutes before that's what they're talking about.

BY MR. FICK:

MR. FICK: There's a reference to how Tamerlan has become more religious, and Mr. Tsarnaev's response, something to the effect, "He's very influential. I've been sober for a month," right?

MR. CHAKRAVARTY: Your Honor, the government has no objection to context, but not to reading in items that are not in evidence.

THE COURT: Go ahead.

MR. FICK: I'm sorry?

THE COURT: You may have it.

BY MR. FICK:

MR. FICK: So in effect, the conversation -- the back-and-forth in that section is a discussion about how Tamerlan has become more religious, and Mr. Tsarnaev responds with words to the effect, "He's very influential. I've been sober for a month," correct?

HEIDI WILLIAMS: Well, I want to correct that because I don't know specifically that they're talking about Tamerlan. I'm not quite sure where you're seeing that. Are you saying that "Tima" is Tamerlan?

MR. FICK: There's a reference -- there's a discussion about somebody named Tima who has become more religious, correct?

HEIDI WILLIAMS: He says he loves -- or the person that he's speaking with says he loves Tima for that. "He's a role model for us." But I can't say that "Tima" is Tamerlan.

MR. FICK: As part of your investigation, you didn't drill down to see what they were talking about in that text exchange?

MR. CHAKRAVARTY: Objection, your Honor. It's beyond the scope.

THE COURT: Sustained.

BY MR. FICK:

MR. FICK: In any event, whoever Tima is, Mr. Tsarnaev's response in that text exchange is that he's influential, essentially, and has been sober for a month, right?

HEIDI WILLIAMS: He says whoever Tima is "has some talent."

MR. FICK: Oh, thank you. I have nothing further.

THE COURT: Or don't. Okay. Anything else?

MR. CHAKRAVARTY: Nothing further, your Honor. Thank you.

THE COURT: Thank you, Ms. Williams. You may step down.

(The witness is excused.)

MR. FICK: Actually, your Honor, can we offer into evidence the entirety of that text stream as opposed to just the excerpt that's already in?

MR. CHAKRAVARTY: The government would object to that. The testimony is already in, your Honor.

THE COURT: I thought these were in. I thought that was what you said.

MR. CHAKRAVARTY: Portions are in, not the thousands and thousands of text messages, which is another portion of the text message which would be the defendant's statement.

THE COURT: I don't think an in-gross offer is appropriate.

MR. FICK: This was an offer of the rest of the same conversation. It's a few additional pages.

MR. CHAKRAVARTY: There's no context aside from what, you know, the defendant has...

MR. FICK: Can we have it marked for identification, at least?

THE COURT: You could certainly have it marked for identification, but now I'm confused about the numbering. 1387 was the prosecution's selected excerpt?

THE COURT: So this wouldn't be 1387; it would be something else if it were a broader --

MR. FICK: We could call it 1387B or we could give it a defense number.

THE COURT: Right. Okay. I just wanted to -- they're not the same thing.

MR. FICK: It's the larger from which the subset was drawn. So whatever the Court's preference for numbering is.

THE COURT: Why don't we have it marked for identification. If you want, I'll look at it over the break and decide whether it ought to be in evidence or not.

MR. FICK: Thank you, your Honor. This copy has some stray pen marks of mine but of course we could provide --

THE COURT: You could get it to me later.

MR. WEINREB: Can we approach, your Honor?

(Defense Exhibit No. 1387A marked for identification.)

sidebarsidebarEarly Adjournment and Next-Day Witness Planning

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

THE COURT: Mr. Weinreb has the floor.

MR. WEINREB: So we are requesting that we break for the day. We're about to move into some lengthy expert testimony, and I think it's going to be hard to follow it if it's broken up.

THE COURT: Who is it?

MR. WEINREB: It's a pair of --

MR. CHAKRAVARTY: An explosive chemist and then following him would be the explosives expert. He's going to describe how the IEDs were made.

MR. WEINREB: We only have a half-hour left in the day.

THE COURT: That's fine. I don't have a problem with that. So tell me, how long are they tomorrow?

MR. WEINREB: Well, we think that Mr. Knapp will probably be quite some time because he has to look at a lot of physical evidence. So between the two of them and cross, several hours.

MS. CONRAD: May I just inquire of -- this is somewhat relevant to today.

THE COURT: That's good. That's a start.

MS. CONRAD: I'll let you be the judge of that.

I believe there was a witness the government was going to call today who for other purposes was going to put in -- who participated in the May 5th search at 410 Norfolk, and we were going to put some items in through that witness. Is that witness not available today?

MR. CHAKRAVARTY: No, that might be a witness tomorrow. I think tomorrow we might call somebody who was present during the search.

MS. CONRAD: But I thought the agreement was we could put items in from the search --

MR. CHAKRAVARTY: We could authenticate -- we can work that out.

MS. CONRAD: I'm just looking for something short we could do.

MR. CHAKRAVARTY: We don't have an objection to something -- the authentication of something that we obviously seized, and so we'll have a witness tomorrow that will be able to do that.

MS. CONRAD: I just thought if that person was available today, that would be something we could do before the end of the day. The other thing is -- and maybe I'm the only one who's confused. I thought Mr. Chakravarty said that 1387 already was in evidence. I thought maybe that came in. No?

MR. FICK: 1387 is in evidence, but 1387 is an excerpt of a longer text conversation. I put the whole conversation in front of the witness, and now I'm marking that for ID.

MS. CONRAD: I thought 1387 maybe came in through Swindon, but maybe I'm confused.

MR. FICK: Well, I think it did because that's where it came from.

MR. MELLIN: A bigger issue: I think there's probably a very good chance we'll wrap up tomorrow, just to give the Court some --

MR. WEINREB: There is a very good chance that we'll wrap up tomorrow, but we're not 100 percent.

MS. CLARKE: And, no, we won't be ready to start.

THE COURT: No, no. Will you be ready to tell us what you'll do?

MS. CLARKE: You just haven't been involved in our conversations.

THE COURT: That's right. I haven't been. I just want to -- all I'm thinking is timing and planning for the jury and everything else. I just want to get an idea what the future holds for us.

MR. FICK: Just for housekeeping, we should get a number on the record before we break today.

COURT CLERK: Is it one of the 3000 series?

MR. FICK: Sure. Whatever the next 3000 is.

THE COURT: Actually, I think it would be better to give it a letter.

MR. FICK: 387A or something.

COURT CLERK: That's fine.

MS. CLARKE: That sounds right.

MR. FICK: And I'll leave it with your Honor because your Honor said --

MR. WEINREB: Your Honor, as a court issue I would like to raise something but we don't need to leave the jury in the box. Or I could raise it now, whichever you prefer.

THE COURT: No, let's get rid of them.

ProceduralProc.Early Jury Dismissal and Evening Admonition

(In open court:)

THE COURT: Jurors, we're going to break a little bit early today in order not to chop up the next witness's testimony, half today and the rest tomorrow maybe. I'm told it may be more coherent if you hear it all at once. So we'll just end a little bit early.

Again, thanks for your attention. We appreciate your continued adherence to the instructions to avoid any communications about the case or any discussions of it. Enjoy the evening and we'll see you tomorrow morning.

We'll stay in session briefly.

COURT CLERK: All rise for the jury.

(The jury exits the courtroom at 3:31 p.m.)

MR. WEINREB: So these need to be addressed at the sidebar.

THE COURT: You want to be at the side? I'm sorry.

Continue to next page11.Residence Discovery Denied; Clothing Evidence and Rule 12.2 Updates