4.Elena Graff — Direct/Cross/Redirect/Recross
506 linesELENA GRAFF, 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 so everyone can hear you.
ELENA GRAFF: My name is Elena Graff. My last name is spelled G-r-a-f-f.
DIRECT EXAMINATION BY MR. WATKINS:
MR. WATKINS: Miss Graff, how are you employed?
ELENA GRAFF: I work at the -- for the Federal Bureau of Investigation, at their laboratory in Quantico.
MR. WATKINS: What do you do for the Federal Bureau of Investigation at Quantico?
ELENA GRAFF: I'm a fingerprint latent examiner.
MR. WATKINS: How long have you been a fingerprint -- latent fingerprint examiner?
ELENA GRAFF: Eight years.
MR. WATKINS: Can you tell us briefly about your education?
ELENA GRAFF: Yes. I have a Bachelor of Arts in history from Utah State University and a Master's in forensic science from Nebraska Wesleyan University.
MR. WATKINS: When and how did you learn the technique of identifying fingerprints?
ELENA GRAFF: I joined the Bureau in 2007, and after that I completed a 18-month training program in which I learned how to process evidence and analyze and compare latent prints.
MR. WATKINS: Have you testified at trial before about latent fingerprint examination?
ELENA GRAFF: I have.
MR. WATKINS: How many times have you testified?
ELENA GRAFF: I've testified four times.
MR. WATKINS: Of any of those four times, were you ever called by the defense to testify?
ELENA GRAFF: I was not.
MR. WATKINS: Miss Graff, have you and I met before today?
ELENA GRAFF: No.
MR. WATKINS: You were -- did a lot of work on this case, reviewed thousands of items?
ELENA GRAFF: That is correct.
MR. WATKINS: You understood that you might be called to testify in this case?
ELENA GRAFF: Yes. This is one of my duties.
MR. WATKINS: In fact, a case agent has kept you updated about whether or not you would be called to testify?
ELENA GRAFF: That is correct.
MR. WATKINS: And there was a point at which you understood you would not have to testify?
ELENA GRAFF: That is also correct.
MR. WATKINS: And that changed yesterday?
ELENA GRAFF: Yes.
MR. WATKINS: And that's when you understood that you were going to be coming up here to testify for the defense?
ELENA GRAFF: Yes.
MR. WATKINS: The examinations you did of evidence for the Dzhokhar Tsarnaev case, that took place over the period of several months?
ELENA GRAFF: Yes. In a case such as this, with this much evidence and it needs to be turned around in a very quick manner, we actually have a specialized team trained to work this kind of investigation. I was what's known as the examiner of record, meaning I was in charge of that team.
MR. WATKINS: And as -- and items kept coming in to be analyzed during the course of the following year really?
ELENA GRAFF: That is correct.
MR. WATKINS: In your general career as a latent print examiner, how many items have you examined trying to make comparisons of fingerprints?
ELENA GRAFF: Thousands.
MR. WATKINS: In this case, how many items did you examine trying to make fingerprint comparisons?
ELENA GRAFF: I believe it was over 800.
MR. WATKINS: While you were doing examinations of evidence in this case for latent prints, you were also supplied known prints?
ELENA GRAFF: That is correct.
MR. WATKINS: And that is the standard procedure at the FBI --
ELENA GRAFF: Yes.
MR. WATKINS: -- right? One can put prints into an automated fingerprint identification system, but that's not what you were doing here, right?
ELENA GRAFF: No. The prints -- the fingerprint cards were collected and then brought to the lab.
MR. WATKINS: In some examinations, you might have eight or nine subjects that you are comparing to?
ELENA GRAFF: That is correct.
MR. WATKINS: Sometimes over a dozen that you are comparing to --
ELENA GRAFF: Yes.
MR. WATKINS: -- known subjects? Constant amongst all those were the prints -- the known prints of Dzhokhar Tsarnaev and Tamerlan Tsarnaev. You were always comparing to those two, right?
ELENA GRAFF: That is correct.
MR. WATKINS: And you generated reports over time about what your findings were?
ELENA GRAFF: Yes.
MR. WATKINS: And multiple reports, over 20 reports?
ELENA GRAFF: That is correct.
MR. WATKINS: I'm going to take you to some specific pieces of evidence that we've seen at trial and ask you if you analyzed them and what the results are. I'm putting on the screen first actually two exhibits that have been admitted.
THE COURT: That can be shown to everybody then?
MR. WATKINS: I do believe.
MR. WATKINS: On the left is Exhibit 853, and on the right is Exhibit 1122, both of which depict a Tupperware container with a hobby fuse out of it. Do you see that?
ELENA GRAFF: I do.
MR. WATKINS: The picture on the right, do you recognize where that had been -- has been taken?
ELENA GRAFF: Yes. That was a picture taken at the laboratory.
MR. WATKINS: Did you do analysis of that Tupperware container for latent prints?
ELENA GRAFF: Yes. It was processed and latent prints were collected.
MR. WATKINS: And when you compared those to Dzhokhar Tsarnaev and Tamerlan Tsarnaev, first to Dzhokhar, you found his fingerprints on there, is that correct?
ELENA GRAFF: Yes, that's correct.
MR. WATKINS: How many fingerprints of Dzhokhar Tsarnaev did you find?
ELENA GRAFF: Two.
MR. WATKINS: How many fingerprints of Tamerlan Tsarnaev did you find on the Tupperware container that's depicted in 1122?
ELENA GRAFF: Six.
MR. WATKINS: Turning next to two exhibits that have been admitted, on the left is 0948-532; on the right is Exhibit 0949. Do you recognize the photograph on the right?
ELENA GRAFF: I do.
MR. WATKINS: Where is that from?
ELENA GRAFF: It's from the laboratory.
MR. WATKINS: And can you tell from that picture whether that's before or after latent print examination has been done?
ELENA GRAFF: It is before latent prints.
MR. WATKINS: So this would have been sent to you after this picture was taken?
ELENA GRAFF: That is correct.
MR. WATKINS: Did you examine this item that's depicted in Exhibit 0949?
ELENA GRAFF: This is the transmitter?
MR. WATKINS: Yes.
ELENA GRAFF: Yes, I did.
MR. WATKINS: And what were the results of your analysis of 0949, the transmitter, when you compared it to Dzhokhar Tsarnaev?
ELENA GRAFF: The latent prints that we collected from this item were not identified to Dzhokhar.
MR. WATKINS: What did you find when you compared them to Tamerlan Tsarnaev?
ELENA GRAFF: They were identified to Tamerlan.
MR. WATKINS: Putting before you Exhibit 974, which has been admitted into evidence, and if I can get the Q number, can you see the Q number on that item?
ELENA GRAFF: I can.
MR. WATKINS: This has been identified as a pressure cooker lid recovered from Laurel Street in Watertown. Were you able to do latent -- were you able to find latent prints with sufficient detail to be compared?
ELENA GRAFF: I did, although I'd have to reference my report to remember exactly how many.
MR. WATKINS: If you wouldn't mind, that would be -- this is Q588.
ELENA GRAFF: We collected one fingerprint.
MR. WATKINS: Were you able to compare that to known fingerprint exemplars?
ELENA GRAFF: I did.
MR. WATKINS: Whose fingerprint was that on that pressure cooker pot lid?
ELENA GRAFF: It belonged to Tamerlan Tsarnaev.
MR. WATKINS: Keep that report in front of you because we're still going here. I'm showing you what has been admitted into evidence as Exhibit 0975, a City of Cambridge Rindge and Latin diploma of Tamerlan Tsarnaev. Do you recognize that item?
ELENA GRAFF: I do.
MR. WATKINS: And did you -- were you able to find latent prints with sufficient ridge detail to compare?
ELENA GRAFF: Do you know the Q number?
MR. WATKINS: 589. -- well, 589.
ELENA GRAFF: We did. We developed five total latent impressions.
MR. WATKINS: And those five latents, who did those come back to?
ELENA GRAFF: We identified one of them with Tamerlan Tsarnaev.
MR. WATKINS: And you also compared them to Dzhokhar Tsarnaev --
ELENA GRAFF: Yes, we did.
MR. WATKINS: -- correct? Did any of those five come back to Dzhokhar Tsarnaev?
ELENA GRAFF: They did not.
MR. WATKINS: Showing you what's been admitted into evidence as Exhibit 0948-542, do you recognize this as an item that later you examined at the laboratory?
ELENA GRAFF: I do.
MR. WATKINS: Were you able to find latent prints with sufficient ridge detail to compare?
ELENA GRAFF: Can you give me the Q number?
MR. WATKINS: Yes. It is 589.
ELENA GRAFF: Yes, we did.
MR. WATKINS: Were you able to compare those to known samples?
ELENA GRAFF: We did.
MR. WATKINS: And whose fingerprints were on this item?
ELENA GRAFF: Tamerlan.
MR. WATKINS: Now, just so the jury remembers, you and I have been talking about Q numbers. Again, that's the number that's assigned when the item comes into the FBI laboratory, right?
ELENA GRAFF: That is correct.
MR. WATKINS: Used to be. You've told me this morning that they've actually now changed the system.
ELENA GRAFF: Yes. We've since moved to a digital paperwork system in which evidence that comes in is received -- is given an item number. So instead of Q589, it would be Item 589.
MR. WATKINS: When you talk about Q items, that's the way you identify items?
ELENA GRAFF: Right. When these items came in, we were still on the paper-based paperwork method.
MR. WATKINS: I want to move over to an item that was recovered from a car outside of 410 Norfolk. I'm putting up what's been entered into evidence as Exhibit 1431. Again, this appears to be a photograph from the FBI laboratory?
ELENA GRAFF: That is correct.
MR. WATKINS: And this receipt on the right here says RC Cars of Boston?
ELENA GRAFF: Yes.
MR. WATKINS: Were you able to develop latent prints with sufficient ridge detail to be compared?
ELENA GRAFF: Yes. We developed three latent fingerprints.
MR. WATKINS: When you compared those to the known samples that you had, whose fingerprints were on this receipt?
ELENA GRAFF: We ID'd them to Tamerlan Tsarnaev.
MR. WATKINS: Moving now to what's been admitted into evidence as Exhibit 1076, this is a photograph from the laboratory?
ELENA GRAFF: It is.
MR. WATKINS: And do you recognize that as an item that you lifted latent prints from?
ELENA GRAFF: Yes, although we don't lift the latent prints. We photograph them in place, but, yes, we collected a print from this item.
MR. WATKINS: When you collected a print from this item to compare to known samples, were you able to determine a match?
ELENA GRAFF: Yes. It was identified to Tamerlan Tsarnaev.
MR. WATKINS: In front of you is a Russian language -- appears to be in Cyrillic writing here. It's a two-page letter. Did you examine this item to determine whether there were latent prints of sufficient quality to be compared?
ELENA GRAFF: I'm sorry. I can't make out the Q number on this one. Can you tell me what it is?
MR. WATKINS: See if I can get it this way. The Q number is --
ELENA GRAFF: Yes, we did.
MR. WATKINS: What were you able to determine about the latent prints that were on this item?
ELENA GRAFF: We developed ten latent fingerprints and three latent palm impressions.
MR. WATKINS: Were you able to compare them to a known sample?
ELENA GRAFF: Yes, and identified ten of them to Tamerlan Tsarnaev.
MR. WATKINS: Showing you what's been admitted as Exhibit 3152, I'll blow up the Q number there and tell you that that says 691 even if you can't read it. Did you examine this caulk gun for latent prints?
ELENA GRAFF: We did.
MR. WATKINS: And were you able to develop latent prints of sufficient quality to be compared?
ELENA GRAFF: We developed one latent fingerprint on this item.
MR. WATKINS: When you compared that to the known samples, who did it match to?
ELENA GRAFF: We identified it to Tamerlan Tsarnaev.
MR. WATKINS: Showing you what's been admitted into evidence as Exhibit 1082, which is two rolls of tape, as part of Exhibit 1082, were you able to examine these items for the presence of latent prints?
ELENA GRAFF: Yes. We developed one latent fingerprint on these items.
MR. WATKINS: Who did that compare to in the known samples?
ELENA GRAFF: We identified it to Tamerlan Tsarnaev.
MR. WATKINS: Again, you also compared it to the known fingerprints of Dzhokhar Tsarnaev, right?
ELENA GRAFF: Yes, I did.
MR. WATKINS: And were there any prints on either of these items?
ELENA GRAFF: No. The only print we developed we identified to Tamerlan.
MR. WATKINS: Showing you what's been --
MR. WATKINS: May I have just a moment?
MR. WATKINS: Showing you a picture of what --
MR. WATKINS: This should just go to the witness, your Honor. I'm sorry.
MR. WATKINS: Miss Graff, I'm showing you a picture on the screen. Do you recognize that?
ELENA GRAFF: Yes, I do.
MR. WATKINS: Can you see the Q number?
ELENA GRAFF: No. Yes.
MR. WATKINS: How is this item described in your report?
ELENA GRAFF: When we originally received it, it's a case full of contents. We then take out each portion of that and give it its own sub-numbers. For example, Q69699 is the case, so then 699.1 is one part of the case. Let me see if I can find it. So Q699.1 is the instruction manual that was in the case. And Q699.2 was the soldering gun.
MR. WATKINS: So this is a picture of a soldering gun, and that, indeed, is what you analyzed for latent prints?
ELENA GRAFF: Yes.
MR. WATKINS: We've heard testimony of Exhibit 1198, the actual soldering gun here. This is a soldering gun that was received at the Quantico lab, correct?
ELENA GRAFF: Yes.
MR. WATKINS: Your Honor, I'd move for admission of 3153.
THE COURT: Which is the photograph?
MR. WEINREB: No objection.
THE COURT: Okay.
MR. WATKINS: May that go to the jury?
(Exhibit No. 3153 received into evidence.)
MR. WATKINS: So you've anticipated my questions. This was actually three separate items that you analyzed for fingerprints?
ELENA GRAFF: Yes.
MR. WATKINS: What were those three items contained here?
ELENA GRAFF: The case with the random wires and then the instruction manual and the soldering gun itself.
MR. WATKINS: In your -- were you able to develop latent fingerprints off of any of those three items?
ELENA GRAFF: Yes. We developed two latent fingerprints on the case itself. We developed ten latent fingerprints on the instruction manual and two latent fingerprints on the soldering gun.
MR. WATKINS: Did you compare those latent prints to the known samples of Dzhokhar Tsarnaev?
ELENA GRAFF: Yes, we did.
MR. WATKINS: And were any of those latent prints his?
ELENA GRAFF: They were not.
MR. WATKINS: Were any of the latent prints Tamerlan Tsarnaev's?
ELENA GRAFF: We -- yes. We identified looks like five latent fingerprints across those three items to Tamerlan.
MR. WATKINS: In your report, there's a notation derived from the evidence about where that item was found. What does your report indicate about where this item was recovered from?
ELENA GRAFF: It says, "Items from residence 410 Norfolk Street, Apartment 3, Cambridge, Massachusetts."
MR. WATKINS: Also from 410 Norfolk Street, I'm showing you on the left Exhibit 3066 and on the right Exhibit 1099. Do you recognize both of those as pictures of items when they come into the Quantico laboratory?
ELENA GRAFF: I do.
MR. WATKINS: I'm going to first to blow up the Q number here. Oh, that worked. Do you recognize this as 725, a group of tools that came into the Quantico laboratory?
ELENA GRAFF: I do.
MR. WATKINS: There are a number of items within this drawer -- I'm sorry, within this collection of items?
ELENA GRAFF: Yes, that is correct.
MR. WATKINS: Now, in such a case, would the laboratory assign sub-items to them?
ELENA GRAFF: Yes, we would.
MR. WATKINS: So, for example, 1099 on the right, what is the sub-item it's been given there?
ELENA GRAFF: It has been given Q725.4.
MR. WATKINS: And we see a similar roll within 3066, correct?
ELENA GRAFF: Correct.
MR. WATKINS: Now, with this item that's depicted in 1099, did you conduct latent print examination of that roll of plumber's tape?
ELENA GRAFF: We did, and we developed one latent fingerprint.
MR. WATKINS: I'm sorry?
ELENA GRAFF: One latent fingerprint was developed on that roll of tape.
MR. WATKINS: Who did that latent print compare to?
ELENA GRAFF: It was identified to Tamerlan Tsarnaev.
MR. WATKINS: Much the same manner, there was also a roll of tape included in that drawer. You see it here, and you can see the discoloration there and here in this picture. That was also assigned a sub-number?
ELENA GRAFF: Yes, although I can't read it right now.
MR. WATKINS: Q725.5 may be how it's denoted in your report?
ELENA GRAFF: Yes.
MR. WATKINS: Were you able to get fingerprints off that roll of duct tape?
ELENA GRAFF: Yes. We developed 12 latent fingerprints off that roll.
MR. WATKINS: And were any of those latent fingerprints Dzhokhar Tsarnaev's?
ELENA GRAFF: No.
MR. WATKINS: And how many of them were Tamerlan Tsarnaev's?
ELENA GRAFF: They were all identified to Tamerlan Tsarnaev.
MR. WATKINS: I'm showing you what's been -- hold on. This has been admitted. I'm showing you what's been previously admitted as 3066.
MR. WATKINS: Just one moment, your Honor.
I do believe this has been admitted, but I'm going to have to defer, 3154.
COURT CLERK: I don't know. I have 3153, the photo of the soldering gun. Then you talked about 3066.
MR. WATKINS: Perhaps just for the witness then at this point to be on the safe side.
MR. WATKINS: I'm showing you Defendant's Exhibit 3154. Do you recognize this from its Q number?
ELENA GRAFF: I do.
MR. WATKINS: What is depicted in that picture?
ELENA GRAFF: It's a group of --
MR. WEINREB: Objection, your Honor. This is a fingerprint examiner, not someone with personal knowledge of what was seized where. To allow her to testify as to that would be pure hearsay.
THE COURT: I'm not sure that's what the question was calling for. I think it was just a description of the items that appear. If she examined them, then I think that would be all right.
MR. WEINREB: Well, without any testimony as to where they came from, anywhere in the world.
THE COURT: Without any, yes.
MR. WATKINS: Generally, what is this? Can you describe what's in this picture?
ELENA GRAFF: It's a group of tools.
MR. WATKINS: Would it be the FBI's policy back in the time to separate these into sub-numbers?
ELENA GRAFF: Yes, it would.
MR. WATKINS: In this case, did that seem to have been done?
ELENA GRAFF: No, that was not done in this case.
MR. WATKINS: But from this set of tools, was there a particular item that you examined for latent prints?
ELENA GRAFF: We examined them all for latent prints. We developed two latent fingerprints on what I believe is the pliers.
MR. WATKINS: Your Honor, I move to admit Exhibit 3154.
MR. WEINREB: Your Honor, I object on relevance grounds because it hasn't been established it has any connection -- relevance in relation to this case.
THE COURT: Overruled. I'll admit it.
(Exhibit No. 3154 received into evidence.)
MR. WATKINS: It will be coming up in a moment. Are you able to here identify which of these tools it was that you took a latent -- you were able to develop a latent print from?
ELENA GRAFF: No. I'd have to reference my photos.
MR. WATKINS: I'm sorry?
ELENA GRAFF: Not without referencing my photos, I don't recall.
MR. WATKINS: Your own photographs?
ELENA GRAFF: Correct.
MR. WATKINS: But one of these tools you developed a latent print off of?
ELENA GRAFF: Yes.
MR. WATKINS: And that latent print that you developed, who did it compare to?
ELENA GRAFF: The two latent fingerprints that were developed were identified with Tamerlan Tsarnaev.
MR. WATKINS: This is just for the witness, your Honor.
MR. WATKINS: Do you recognize what's depicted in this photograph?
ELENA GRAFF: I do.
MR. WATKINS: What is it?
ELENA GRAFF: It is a group of books.
MR. WATKINS: And is there a Q number associated with that?
ELENA GRAFF: Yes. The Q number is Q708.
MR. WATKINS: We have heard testimony of notebooks being introduced physically as Exhibit 3065. Does this picture comport with the notebooks that came into the Quantico laboratory?
ELENA GRAFF: It does.
MR. WATKINS: Now, did you go through all of these notebooks?
ELENA GRAFF: Yes. Each cover and page was individually sub-numbered out. However, by the time we were processing, I believe our instructions at that time were the covers and first five and last five pages of each book.
MR. WATKINS: Nevertheless, there was a lot of fingerprint examination first for latent prints that might be present there and then for comparison?
ELENA GRAFF: That is correct.
MR. WATKINS: Just as a general matter, how many fingerprints were you able to develop off of those notebooks?
ELENA GRAFF: I don't have an exact number, but it was a lot. Dozens.
MR. WATKINS: Dozens. And of those fingerprints, were any of them able to be compared to Dzhokhar Tsarnaev?
ELENA GRAFF: They were all compared to Dzhokhar.
MR. WATKINS: Were there any positive matches for Dzhokhar Tsarnaev?
ELENA GRAFF: There were not.
MR. WATKINS: Were there positive matches to Tamerlan Tsarnaev?
ELENA GRAFF: Yes.
MR. WATKINS: And how many of those were there in this general collection of notebooks?
ELENA GRAFF: Most of them were identified to Tamerlan.
MR. WATKINS: When you say "most of them," it would be dozens?
ELENA GRAFF: Yes.
MR. WATKINS: Are you able to say, was there at least one fingerprint of Tamerlan Tsarnaev in each of these items?
ELENA GRAFF: Yes, that is correct.
MR. WATKINS: Showing you now what's been admitted -- it has been admitted.
THE COURT: Well, I don't know whether it's been admitted or not but not under the number that you have it indexed as. I know some of these look familiar. But I don't believe we're in this range of 31-- this is 3156 by your numbering.
MR. WATKINS: This is 3156. I believe the actual exhibit is 1195, the physical item, and this is a picture of that.
THE COURT: Okay. That doesn't appear from this. The correlation doesn't appear. That's what I'm getting at.
Is 1195 in evidence, Paul?
MR. WATKINS: I believe the physical exhibit is --
THE COURT: I understand. The connection wasn't being made.
MR. WATKINS: I'm sorry?
THE COURT: The connection wasn't being made, the correlation to a physical exhibit. That's the point.
MR. WATKINS: Showing you what's marked for -- as Defendant's 3156, do you recognize this?
ELENA GRAFF: I do. Can you bring up the Q number, please? Yes.
MR. WATKINS: Do you see that?
ELENA GRAFF: I do.
MR. WATKINS: And this is previously -- the physical item has previously been admitted as 1195. Now, were you able to develop latent prints off of this item?
ELENA GRAFF: We did. We developed three latent fingerprints.
MR. WATKINS: Who were those able to be compared to?
ELENA GRAFF: We compared them to all the named suspects in this case. They were identified with Tamerlan Tsarnaev.
MR. WATKINS: In this particular item, there were latent fingerprints obtained both from the outside of this package and also on the inside, an item on the inside of the packaging?
ELENA GRAFF: That is correct. Two of the latent fingerprints were from the outside box, and one of them was developed on a plastic bag inside.
MR. WATKINS: Again, all of those were matched to Tamerlan Tsarnaev?
ELENA GRAFF: That is correct.
MR. WATKINS: If I have not already, may I move into admission 3156?
THE COURT: Okay.
MR. WEINREB: No objection.
(Exhibit No. 3156 received into evidence.)
MR. WATKINS: Again, I'm not going to make you repeat your testimony. There were prints found both on the outside packaging that we see here and on an item inside of this packaging?
ELENA GRAFF: That is correct.
MR. WATKINS: All of those went to Tamerlan Tsarnaev?
ELENA GRAFF: That is correct.
MR. WATKINS: One final item just for the witness.
MR. WATKINS: Showing you a picture of -- a laboratory picture of Q -- well, it's Q716, The Sovereign newspaper.
ELENA GRAFF: Yes.
MR. WATKINS: Did you develop latent prints off of that item?
ELENA GRAFF: I did.
MR. WATKINS: How many latent prints were you able to develop?
ELENA GRAFF: One moment. Looks like nine latent prints were developed.
MR. WATKINS: I'm sorry. How many?
ELENA GRAFF: Nine.
MR. WATKINS: Were any -- nine were developed. And who did they match to?
ELENA GRAFF: Tamerlan Tsarnaev.
MR. WATKINS: Did any of the fingerprints that you were able to develop there match to Dzhokhar Tsarnaev?
ELENA GRAFF: No.
MR. WATKINS: This next one has been admitted, Defendant's Exhibit 3151.
MR. WATKINS: Do you see that before you on the screen?
ELENA GRAFF: I do.
MR. WATKINS: This is an item that does not have a Q number, now has an item number, right?
ELENA GRAFF: That is correct. This item came under our new digital system.
MR. WATKINS: But do you recognize that now as Item 3 in a particular report?
ELENA GRAFF: I do.
MR. WATKINS: Were you able to develop latent fingerprints off of this particular item?
ELENA GRAFF: Yes. We developed three latent fingerprints and one latent palm print.
MR. WATKINS: Were they all -- well, who did they match up to?
ELENA GRAFF: They were all identified with Tamerlan Tsarnaev.
MR. WATKINS: Almost done. This next item has been admitted.
MR. WATKINS: Before we get to this particular item, I'm now going to the Boylston Street location, which is the scene of two blasts, Scene A and Scene B. You're familiar with those denominations?
ELENA GRAFF: I am.
MR. WATKINS: How many items altogether did you examine from the Boylston Street area looking for latent prints?
ELENA GRAFF: Over 500.
MR. WATKINS: How many were you -- how many latent prints were you able to develop sufficient ridge detail for comparison?
ELENA GRAFF: We developed three latent fingerprints and three latent palm prints.
MR. WATKINS: First I'm talking about all together in all the scenes there on Boylston Street. Are you able to estimate how many latent prints you were able to develop?
ELENA GRAFF: Just from the Boylston Street scenes, correct?
MR. WATKINS: Yes.
ELENA GRAFF: Yes. There were six.
MR. WATKINS: Of the -- let me back up. You analyzed a total of about 170 items that were submitted actually for fingerprint examination from Scene A, correct, or was it more than that?
ELENA GRAFF: You just want to know the ones from Scene A?
MR. WATKINS: Yes, how many altogether from Scene A?
ELENA GRAFF: I believe it's four.
MR. WATKINS: Well, directing you now to Item 1 -- Defendant's Exhibit 3093, which is Q199, we've been told cardboard collected from the vicinity of the Scene A blast.
ELENA GRAFF: Yes, that is correct.
MR. WATKINS: This cardboard is in pieces when it came into the lab?
ELENA GRAFF: Yes.
MR. WATKINS: Because it was in pieces, was it assigned sub-numbers?
ELENA GRAFF: Yes. Each individual piece was assigned its own number.
MR. WATKINS: Were you able to develop prints on some of these sub-items?
ELENA GRAFF: Yes. We developed one latent fingerprint on Q199.26 and one latent palm print on Q199.27.
MR. WATKINS: And those would be two of these pieces that we see depicted here in this picture?
ELENA GRAFF: That is correct.
MR. WATKINS: When you compared those latent prints to the known samples you have, who did they come back to?
ELENA GRAFF: They were identified with Tamerlan Tsarnaev.
MR. WATKINS: Were any of the prints that you were able to develop at Scene A come back to Dzhokhar Tsarnaev?
ELENA GRAFF: No, they did not.
MR. WATKINS: Showing you two pictures here, both of which have been admitted -- one is 3090; the other one is 3091 -- do you recognize these?
ELENA GRAFF: I do.
MR. WATKINS: These are denoted as the remains of a backpack and a piece of paper within it?
ELENA GRAFF: That is correct.
MR. WATKINS: And the piece of paper within it is denoted by the sub-number Q11.1?
ELENA GRAFF: That is correct.
MR. WATKINS: Were you able to develop a latent print from Q11.1, the piece of paper that was in the destroyed backpack?
ELENA GRAFF: We developed two latent palm prints.
MR. WATKINS: And when you compared them against the known samples, who did they compare to?
ELENA GRAFF: They were identified with Tamerlan Tsarnaev.
MR. WATKINS: At Scene B, the site of the Forum blast, were you able to develop any prints and match them to Dzhokhar Tsarnaev?
ELENA GRAFF: No, I did not.
MR. WATKINS: That's all I have, your Honor.
CROSS-EXAMINATION BY MR. WEINREB:
MR. WEINREB: Good afternoon.
ELENA GRAFF: Good afternoon.
MR. WEINREB: So let's start with Scene A and Scene B, Boylston Street. How many items did you say on Boylston Street were tested for fingerprints?
ELENA GRAFF: Over 500.
MR. WEINREB: Specifically, they were all tested for Dzhokhar Tsarnaev's fingerprints and Tamerlan Tsarnaev's fingerprints?
ELENA GRAFF: That is correct.
MR. WEINREB: And those items included many, many pieces of the bomb that exploded at Scene A, correct?
ELENA GRAFF: That is correct.
MR. WEINREB: And many pieces of the components that was in that bomb?
ELENA GRAFF: That is correct.
MR. WEINREB: It included pieces of the backpack that the bomb was carried in?
ELENA GRAFF: That is correct.
MR. WEINREB: Yet, you found usable prints from Tamerlan Tsarnaev or the defendant on only a single item, a piece of cardboard that was in many pieces?
ELENA GRAFF: Two pieces of cardboard.
MR. WEINREB: Two pieces of cardboard that were all stuck together and you separated them?
ELENA GRAFF: By the time they got to my unit, they were pretty much already in separate pieces.
MR. WEINREB: And hundreds of items from Scene B were also examined for fingerprints, correct?
ELENA GRAFF: That is correct.
MR. WEINREB: And those were also tested for Tamerlan Tsarnaev's and Dzhokhar Tsarnaev's fingerprints?
ELENA GRAFF: Yes.
MR. WEINREB: And those, again, included many, many pieces of the bomb that exploded in front of the Forum restaurant?
ELENA GRAFF: Yes.
MR. WEINREB: And components that was inside -- were inside that bomb?
ELENA GRAFF: That is correct.
MR. WEINREB: And the backpack that the bomb was carried in?
ELENA GRAFF: That is correct.
MR. WEINREB: And, yet, once again, you only found a single fingerprint from Tamerlan Tsarnaev or Dzhokhar Tsarnaev on only a single item, which was a piece of paper inside the shreds of the backpack?
ELENA GRAFF: There were two palm prints, but, yes.
MR. WEINREB: But it was just on that single item?
ELENA GRAFF: That is correct.
MR. WEINREB: Now, the bombs didn't build themselves, did they?
ELENA GRAFF: I would assume not.
MR. WEINREB: The backpacks didn't carry themselves onto the scene?
MR. WATKINS: I object, your Honor.
THE COURT: Sustained. It's argumentative.
MR. WEINREB: So what could explain the absence of Tamerlan Tsarnaev's and Dzhokhar Tsarnaev's fingerprints on more of these items?
MR. WATKINS: I'm going to object, your Honor.
THE COURT: Overruled. You may answer that.
ELENA GRAFF: Because latent prints are usually left in sweat or the oil that covers your fingerprints, they're very fragile especially if they're on a nonporous item such as a metal or plastic. So, for example, if I touch this coffee pot right here, the impression left behind by my latent prints rests on the top of the surface. Therefore, they can be easily wiped off or smudged or, because they're made of sweat, they can evaporate. Due to the extreme temperatures and force in an explosion, it is not unusual to not find fingerprints on items.
MR. WEINREB: So the bottom line is that the presence of a person's fingerprints on an item tell you that at some time that person touched the item?
ELENA GRAFF: That is correct.
MR. WEINREB: But the absence of a person's fingerprints on an item doesn't tell you that that person never touched the item?
ELENA GRAFF: That is also correct.
MR. WEINREB: For example, the person might have touched it but might have been wearing gloves?
ELENA GRAFF: Yes.
MR. WEINREB: And, in fact, as you said, the person might have touched it but -- and left a fingerprint but the fingerprint vaporized?
ELENA GRAFF: Yes.
MR. WEINREB: Or got rubbed off by somebody else's fingerprints?
ELENA GRAFF: Yes.
MR. WEINREB: Or if the person touched it but didn't have sweaty fingers at the time, they just might not have left a fingerprint?
ELENA GRAFF: That is correct. If there's not enough matrix on the ridges, it won't always transfer.
MR. WEINREB: In fact, it's even true that some people, just by nature of their own biology, are more prone to leaving fingerprints on things than other people?
ELENA GRAFF: Yes, if your fingers are more sweaty, yes.
MR. WEINREB: You were asked about many items, all of which, except for a bunch of tools, were identified as coming from 410 Norfolk Street, correct?
ELENA GRAFF: Yes.
MR. WEINREB: Nearly 150 items from 410 Norfolk Street were tested for fingerprints, correct?
ELENA GRAFF: Yes.
MR. WEINREB: And you found numerous fingerprints of Tamerlan Tsarnaev from his apartment on 410 Norfolk Street?
ELENA GRAFF: That is correct.
MR. WEINREB: Would you expect to find a person's fingerprints all over the residence where he lives full time with his wife and daughter?
ELENA GRAFF: Yes, I would expect that.
MR. WEINREB: In fact, if a person just, let's say, picked up a glass jar and moved it from one shelf to another shelf, you might leave fingerprints on it?
ELENA GRAFF: Yes, that is true.
MR. WEINREB: If you picked up a magazine or some notebooks to put them aside so that the floor could be cleaned, he might leave fingerprints on them, correct?
ELENA GRAFF: Yes.
MR. WEINREB: But if a person who once lived full time in an apartment became an adult, moved out, and only went back there on vacations or in the summer, would you necessarily expect to find their fingerprints all over the apartment?
MR. WATKINS: Objection.
THE COURT: Sustained.
MR. WEINREB: If a person did not live full time in a residence, would you necessarily expect to find their fingerprints on things?
ELENA GRAFF: No, I would not.
MR. WEINREB: Now, among the items in 410 Norfolk Street that you found Tamerlan Tsarnaev's fingerprints on were a nail clipper, Q680.2?
ELENA GRAFF: I believe so, yes.
MR. WEINREB: And a bag of curtain rod brackets, for example?
ELENA GRAFF: Yes.
MR. WEINREB: A letter? That would be Q685.1.
ELENA GRAFF: Probably. Yes, that is correct.
MR. WEINREB: A fan, Q97.3?
ELENA GRAFF: 97.3?
MR. WEINREB: Yes.
ELENA GRAFF: I don't have that.
MR. WEINREB: Let's try a brush, Q712.3.
ELENA GRAFF: Q712.3?
MR. WEINREB: Yes.
ELENA GRAFF: I didn't develop latent fingerprints on that either.
MR. WEINREB: So -- but as a practical matter, you only found Tamerlan's fingerprints all over the objects in his own apartment?
ELENA GRAFF: For the most part, yes.
MR. WEINREB: But --
MR. WEINREB: Can we have Exhibit 852, please? This is in evidence, your Honor.
MR. WEINREB: But when it came to the bomb that was found in the back of the Mercedes abandoned on Laurel Street in Watertown, on that one you found both Dzhokhar Tsarnaev's and Tamerlan Tsarnaev's fingerprints?
ELENA GRAFF: That is correct.
MR. WEINREB: I have no further questions.
MR. WATKINS: Just one.
REDIRECT EXAMINATION BY MR. WATKINS:
MR. WATKINS: Referring back to Q199, which is the pieces of cardboard --
MR. WEINREB: Your Honor, I object to this. Can we be scene at sidebar?
THE COURT: Okay.
(SIDEBAR CONFERENCE AS FOLLOWS:
MR. WEINREB: I believe that Mr. Watkins is about to show this witness a component from the bomb and ask her to essentially speculate on whether she believes that it's the same or consistent with the piece of cardboard that she saw in the lab. She's not a bomb expert. She's a fingerprint expert. It might have been appropriate to ask Ed Knapp that question. He's somebody who tests bombs, sees them explode, know what things look like after they've exploded. She's not an appropriate witness to ask.
MR. WATKINS: The two things I'm going to do with this is hold up a piece of cardboard where Mr. Weinreb talked about the kinds of surfaces where fingerprints can be found and not found. I think it's appropriate to say that they can be found on cardboard.
The second aspect of it is he mentioned -- the witness mentioned -- he elicited from the witness about high temperatures perhaps evaporating fingerprints. Clearly, that did not happen in this case. I think I'm allowed to rebut that particular part of the testimony.
MR. WEINREB: I think holding up the cardboard is an example of the surface. There's no --
THE COURT: I think you can ask the questions without holding the cardboard. It's a testimonial gesture.
. . . END OF SIDEBAR CONFERENCE.)
MR. WATKINS: You testified -- when Mr. Weinreb was asking about surfaces that retain fingerprints and the fragility of some surfaces and fingerprints, in regard to 199, that was several pieces of cardboard, correct?
ELENA GRAFF: That is correct.
MR. WATKINS: And that is a surface that will retain fingerprints, right?
ELENA GRAFF: Right. Cardboard and paper are what we call a porous item, and what happens there is, when you touch it, the sweat from your fingers is actually absorbed into the paper which helps preserve them.
MR. WATKINS: Also, if a piece of cardboard is encased in something else, it's less likely that the fingerprint is going to get accidentally or just disappear in some way?
ELENA GRAFF: That is correct.
MR. WATKINS: You talked about the high temperatures affecting fingerprints in some cases?
ELENA GRAFF: Yes.
MR. WATKINS: 199, you developed Tamerlan Tsarnaev's fingerprints off of the pieces of cardboard that were collected on Boylston Street after the blast, correct?
ELENA GRAFF: That is correct.
MR. WATKINS: I have nothing further.
MR. WEINREB: I do, your Honor, just on that one point.
THE COURT: All right.
RECROSS-EXAMINATION BY MR. WEINREB:
MR. WEINREB: So because things like pieces of cardboard and paper absorb sweat, fingerprints last on them better and longer than on other items?
ELENA GRAFF: That is correct.
MR. WEINREB: So, for example, the pieces of cardboard and the pieces of paper from Scene A and Scene B that you testified about, the fingerprints on those items could have been there for months or even years?
ELENA GRAFF: That is also true. I can only tell if someone touched an item. I can't tell when that contact happened.
MR. WEINREB: No further questions.
THE COURT: All right. Thank you, Miss Graff. You may step down. Okay.
MR. WATKINS: Your Honor, that is all the witnesses that the defense will present. There's a series of pictures that the Court indicated could be shown to the jury, and I would do that now with the Court's permission.
MR. WEINREB: I object, your Honor. There was a series of pictures the Court did not exclude on one ground, but they have not been authenticated and should be excluded on that ground. There's no witness here.
THE COURT: Let me see you briefly at the side.