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2015 Federal TrialtranscripttranscriptKimberly Franks — Direct/Cross/Redirect (Part 2) - Day 39 - 2015 Federal TrialKimberly Franks completed her dorm-room search testimony on Day 39. Exhibits were admitted, and cross-examination established that the fireworks were visible and that she found no actual firearms, actual ammunition, or gun-cleaning kit.
Aloke ChakravartyNadine PellegriniMiriam ConradGeorge A. O'Toole Jr.Kimberly FranksTHE COURTMS. PELLEGRINIKimberly FranksMS. CONRADMR. CHAKRAVARTYCourt Clerkproceduraldirectcrossredirect
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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ProceduralProc.Session Opening and Preparation for Franks’s Continued Testimony

P R O C E E D I N G S

THE COURT: Good morning, jurors. All right. Miss Pellegrini.

MS. PELLEGRINI: Good morning, your Honor. Your Honor, Special Agent Franks is still on the stand from yesterday. She's still under oath.

And I would ask Mr. Bruemmer if you could bring up Exhibit 620.

DirectDirectKimberly Franks — Direct (continued) Kimberly Franks Nadine Pellegrini

CONTINUED DIRECT EXAMINATION BY MS. PELLEGRINI:

MS. PELLEGRINI: Agent Franks, one of the things that doesn't appear here as part of the graphic was a closet. Do you recall that?

MS. PELLEGRINI: And was that part of your search?

MS. PELLEGRINI: So showing you what's been marked for identification as Government Exhibit 1249, do you recognize that packaging?

MS. PELLEGRINI: And how do you recognize it?

KIMBERLY FRANKS: Because of the items of information that we put on our evidence tag on every piece of evidence, which includes my name and initials.

MS. PELLEGRINI: Is this, in fact, then an item that was removed from the closet area of the dorm room?

MS. PELLEGRINI: And I'd ask you to open that now.

MS. CONRAD: Excuse me. May I see it?

MS. PELLEGRINI: Uh-huh. Got to open it.

MS. PELLEGRINI: Before you remove it, after you look inside, do you recognize that item?

MS. PELLEGRINI: Is that, in fact, an item that you removed from the closet area --

MS. PELLEGRINI: -- in the search?

MS. PELLEGRINI: Your Honor, the government would now offer Exhibit 1249.

MS. CONRAD: No objection.

(Government's Exhibit No. 1249 received into evidence.)

MS. PELLEGRINI: If you could remove that, please. Could you hold it up for the jury?

KIMBERLY FRANKS: (Witness complies.)

MS. PELLEGRINI: Could you tell us what this is?

KIMBERLY FRANKS: It is a black, spiral, three-subject notebook.

MS. PELLEGRINI: Okay. Looking at the image on the screen, Agent Franks, I've now moved to the block marked "floor," "floor near bed." And the photograph or photographs that are attached thereto, do you recognize that area?

MS. PELLEGRINI: Showing you the first photograph, what are we looking at here?

KIMBERLY FRANKS: We are looking at the bed and the armoire.

MS. PELLEGRINI: And for the second photograph, what are we looking at here?

KIMBERLY FRANKS: We are looking at a bag and a book that was found in the room.

MS. PELLEGRINI: Showing you then government exhibit marked for identification 1246, do you recognize this item?

MS. PELLEGRINI: Since you can see it through the bag, we don't have to open it up. How do you recognize it?

KIMBERLY FRANKS: Because of the information on our evidence tag including my name and initials.

MS. PELLEGRINI: And that's something that you collected from that area during the search, is that correct?

MS. PELLEGRINI: Your Honor, the government would offer 1246 at this time. It's a book.

MS. CONRAD: No objection.

(Government's Exhibit No. 1246 received into evidence.)

MS. PELLEGRINI: If you could just take that out and describe that for the jury, please.

KIMBERLY FRANKS: Take the book out?

MS. PELLEGRINI: Yes, ma'am.

MS. PELLEGRINI: Hold it up.

KIMBERLY FRANKS: It is a book entitled, Soldiers of God, by Robert Kaplan, and it says, "With the Mujahidin in Afghanistan."

MS. PELLEGRINI: Thank you. I'm going to take these back because it's crowded.

Moving now to the second box marked "floor" and "floor near dresser," do you recognize this area?

MS. PELLEGRINI: In the pictures that we're looking at, is this the armoire that you were talking about?

KIMBERLY FRANKS: Yes. There were two of them.

MS. PELLEGRINI: Moving along from the first picture which I believe shows the outside, is that correct?

MS. PELLEGRINI: What are we looking at here?

KIMBERLY FRANKS: This is a bag that was found. It's Item No. 26.

MS. PELLEGRINI: And the third picture, what are we looking at here?

KIMBERLY FRANKS: Those are BBs.

MS. PELLEGRINI: Where were these located?

KIMBERLY FRANKS: They were fond inside the bag.

MS. PELLEGRINI: Showing you what's been marked for identification as Government Exhibit 1112, do you recognize the items therein?

MS. PELLEGRINI: With respect to the 1112, can you tell us what that is?

KIMBERLY FRANKS: They are BBs.

MS. PELLEGRINI: And how do you recognize it?

KIMBERLY FRANKS: Because of the packaging information that is on the outside of the evidence bag.

MS. PELLEGRINI: I'm not going to ask you to open these. Just my luck, they will go all over. I'd ask you to hold these up. Could you describe them for the jury, please?

KIMBERLY FRANKS: They are BBs.

MS. PELLEGRINI: And what color?

MS. PELLEGRINI: Your Honor, the government would move Exhibit 1112 into evidence.

MS. CONRAD: Just the previous --

THE COURT: Preserving a previous objection. Overruled. It will be admitted.

(Government's Exhibit No. 1112 received into evidence.)

MS. PELLEGRINI: Finally, the box that indicates the "window area" and "windowsill," do you recognize that area?

MS. PELLEGRINI: Looking at the photographs here, can you explain to the jury what we are looking at?

KIMBERLY FRANKS: We are looking at the back of the armoire, which was situated near the window and the windowsill.

MS. PELLEGRINI: Going to the second photo with the placard marked No. 1, what are we looking at here?

KIMBERLY FRANKS: This is a picture of Evidence Item No. 1, which is a Big Snow firework.

MS. PELLEGRINI: And Picture No. 3 attached thereto, what is that?

KIMBERLY FRANKS: That is another picture of the firework, the back.

MS. PELLEGRINI: I'm going to show you what's been marked for identification as Government Exhibit 1113. Again, do you recognize that item?

MS. PELLEGRINI: Was this taken during the course of the search?

MS. PELLEGRINI: Is it marked so that you can, in fact, recognize it?

MS. PELLEGRINI: Your Honor, the government would offer 1113 at this time.

THE COURT: Yes. Admitted.

(Government's Exhibit No. 1113 received into evidence.)

MS. PELLEGRINI: I ask you to open that.

KIMBERLY FRANKS: Take it out?

MS. PELLEGRINI: If you can.

KIMBERLY FRANKS: (Witness complies.)

MS. PELLEGRINI: Could you explain what you're showing to the jury, please?

KIMBERLY FRANKS: This is the Big Snow firework called Megabanger that was found in the dorm room.

MS. PELLEGRINI: Your Honor, if I may, because we're a distance from the jury, show it to the jury closer to the box, please?

THE COURT: Yes, you may.

MS. PELLEGRINI: One moment, your Honor.

Thank you, Miss Franks. I have no further questions.

MS. CONRAD: Sorry. I didn't mean to jump the gun.

MS. PELLEGRINI: That's okay.

CrossCrossKimberly Franks — Cross Kimberly Franks Miriam Conrad

CROSS-EXAMINATION BY MS. CONRAD:

MS. CONRAD: Good morning, Agent Franks. My name is Miriam Conrad. I'm one of the lawyers for Mr. Tsarnaev.

KIMBERLY FRANKS: Good morning.

MS. CONRAD: You participated in the search, right?

KIMBERLY FRANKS: That's correct.

MS. CONRAD: And that was on April 20 -- April 19, is that right?

KIMBERLY FRANKS: I believe so.

MS. CONRAD: And showing you --

MS. CONRAD: This is just for the witness, please.

THE COURT: On the document camera?

MS. CONRAD: -- what's been previously --

MS. CONRAD: What's that? That's what that is. Great. Thank you very much, Mr. Bruemmer.

MS. CONRAD: -- what's been previously marked by the government, but I think not introduced, as Exhibit 1230-6. Do you recognize that?

KIMBERLY FRANKS: Yes. That is a picture of the door to the dorm room.

MS. CONRAD: The dorm room that was searched?

MS. CONRAD: I'd offer that, your Honor.

MS. PELLEGRINI: No objection.

THE COURT: Okay. The number? It's a government number, right? 1230 dash --

MS. CONRAD: 1230 is previously numbered, so we might as well stick with that, 1230-6.

(Government's Exhibit No. 1230-6 received into evidence.)

MS. CONRAD: Let me see if I can zoom out.

MS. CONRAD: And that's what the door looked like on the date of the search?

MS. CONRAD: And a couple of the items that you told us about, the fireworks, for example, was just sitting right out in plain view, right?

KIMBERLY FRANKS: That is correct.

MS. CONRAD: It wasn't hidden?

MS. CONRAD: Same thing with the hat, the white Polo cap, that was right there on the bed?

MS. CONRAD: I just wanted to clear up one thing. You showed us the BB gun, the Smith & Wesson, packaging?

MS. CONRAD: And you also talked about a receipt from Dick's Sporting Goods?

MS. CONRAD: And that receipt was for the BB gun, right?

MS. CONRAD: And you didn't find any actual firearms in that room, did you?

MS. CONRAD: Or any actual ammunition?

MS. CONRAD: Or any gun-cleaning kit?

MS. CONRAD: Thank you. I have nothing further.

MS. PELLEGRINI: I just have one. If you could leave that exhibit up, please. If I may, your Honor?

THE COURT: Go ahead.

RedirectRedirectKimberly Franks — Redirect Kimberly Franks Nadine Pellegrini

REDIRECT EXAMINATION BY MS. PELLEGRINI:

MS. PELLEGRINI: Agent Franks, with respect to Exhibit 1230-6, do you have any idea who made these decorations?

MS. PELLEGRINI: Do you have any idea when they were put on the door?

MS. PELLEGRINI: Thank you. I have nothing further.

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

MR. CHAKRAVARTY: One moment, your Honor.

The government calls Special Agent Christopher Derks.

COURT CLERK: Sir, you want to step up here to the box. Remain standing. Raise your right hand.

Continue to next page2.Christopher Derks — Direct (Part 1)