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2015 Federal TrialtranscripttranscriptMark Spencer — Direct (Part 1) - Day 42 - 2015 Federal TrialDefense digital-forensics witness Mark Spencer compared Samsung and Sony computer records and described an apparent transfer of Complete Inspire through a missing thumb drive, with timestamp qualifications. The court limited translation, comparison, and travel-related testimony.
Aloke ChakravartyWilliam W. FickGeorge A. O'Toole Jr.Mark SpencerCourt ClerkMark SpencerMR. FICKTHE COURTMR. CHAKRAVARTYdirect
2015 Federal Trial/Day 42/March 31, 2015
8 pages·2 witnesses·1,764 lines
Defense witnesses Mark Spencer and Elena Graff addressed computer records, fingerprint findings, and the limits of attributing activity or timing contact. The defense rested, and the court read a Count 7 foreign-national victim stipulation with legal objections preserved. The renewed Rule 29 motion remained reserved, with closing statements scheduled for Monday.
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DirectDirectMark Spencer - Direct Examination Mark Spencer William W. Fick

MARK SPENCER, 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.

MARK SPENCER: Mark Spencer, M-a-r-k, S-p-e-n-c-e-r.

DIRECT EXAMINATION BY MR. FICK:

MR. FICK: Good morning, Mr. Spencer.

MARK SPENCER: Good morning.

MR. FICK: I'm going to ask to pause for a minute and just do a housekeeping thing we talked about with the Court. I would move into evidence Government's Exhibit 1433, which is the Tamerlan Tsarnaev certified travel record from Customs and Border Protection.

THE COURT: That may be admitted.

(Defendant's Exhibit No. 1433 received into evidence.)

MR. FICK: May I just briefly publish it to the jury, your Honor?

THE COURT: From your computer?

MR. FICK: From my computer, yes. Thank you. Turning now to Page 2 of the document and highlighting the portion reflecting Tamerlan Tsarnaev's departure from the United States on January 21, 2012.

MR. CHAKRAVARTY: Your Honor, the government doesn't have an objection with using this exhibit with the witness, but Mr. Fick shouldn't be testifying to it.

THE COURT: Well, I think he was reading what it said but fine.

MR. FICK: Thank you, your Honor. I will now commence with my examination.

I'm going to display on the screen before I begin what was used as a chalk with Mr. Swindon government's marked as 1557 if that's satisfactory.

THE COURT: This is a chalk?

MR. FICK: This is a chalk that was used -- shown to everyone, though, with Mr. Swindon. And I will --

THE COURT: Does it have a number?

MR. FICK: 1557. I'm going to actually take it off the screen for the moment anyway.

MR. FICK: Good morning again, Mr. Spencer.

MARK SPENCER: Good morning.

MR. FICK: Could you please tell the jury where you work?

MARK SPENCER: I work for Arsenal Consulting in Chelsea, Massachusetts. I'm the president.

MR. FICK: What is Arsenal Consulting?

MARK SPENCER: Arsenal Consulting is a digital forensic company. We focus on digital forensics consulting and software development.

MR. FICK: When you say "digital forensics consulting," what is that?

MARK SPENCER: Digital forensics involves the identification, preservation, analysis and reporting on electronic evidence, electronic data.

MR. FICK: How long have you been the president of Arsenal Consulting?

MARK SPENCER: Since mid-2009.

MR. FICK: What is your educational background?

MARK SPENCER: I have a bachelor of arts from UMass Boston, which I received in 2003.

MR. FICK: Do you have training in digital forensics specifically apart from your education, your formal university education?

MARK SPENCER: I do. I have attended approximately 50 courses in training events, courses from Guidance Software, AccessData, SANS, Cytech.

MR. FICK: And the companies you just mentioned, those are vendors of digital forensic software, among other things?

MARK SPENCER: Or training providers, yes.

MR. FICK: Do you have any certifications related to digital forensics?

MR. FICK: Can you name a few of those?

MARK SPENCER: EnCase certified examiner; ProDiscover certified examiner; digital forensics certified practitioner.

MR. FICK: Are you familiar with an organization called the Digital Forensics Certification Board?

MR. FICK: What is that?

MARK SPENCER: That's the organization that sponsors the digital forensics certified practitioner, an organization started by the National Institute of Justice.

MR. FICK: And so you are -- do you have a certification from that board?

MR. FICK: Do you lecture or teach on the subject of digital forensics?

MR. FICK: How often?

MARK SPENCER: Frequently, approximately a hundred presentations and courses between teaching for organizations at the college level or at legal events, law enforcement events.

MR. FICK: Have you given trainings or lectures for law enforcement?

MR. FICK: Can you give a few examples?

MR. FICK: RCMP, what is that?

MARK SPENCER: That's Canadian law enforcement. Hong Kong Police Department; Taiwan's MJIB.

MR. FICK: What sorts of cases does Arsenal Consulting typically work on?

MARK SPENCER: Typically civil cases, private sector matters, intellectual property. Theft is by far the most common type of case we work on, both on behalf of defendants and plaintiffs, depending on the case.

MR. FICK: Have you also worked on criminal cases?

MR. FICK: About how many cases do you work on in a given year?

MARK SPENCER: Approximately 50.

MR. FICK: Can you give a ballpark estimate of how many digital devices you've analyzed in the course of your career?

MARK SPENCER: Over a thousand.

MR. FICK: Did you do computer forensic work prior to founding Arsenal Consulting?

MR. FICK: Can you describe that history briefly?

MARK SPENCER: Yes. Prior to founding Arsenal Consulting, I worked for First Advantage Litigation Consulting from 2009 back to 2006. Prior to 2006, I worked for Evident Data, from 2006 back to 2002, until Evident Data was acquired by First Advantage. Prior to working in the private sector, I worked for the Suffolk County District Attorney's Office in Boston.

MR. FICK: Do you have employees at Arsenal Consulting who assist you with your work?

MR. FICK: Do those employees also have relevant training and certifications in digital forensics?

MR. FICK: Does one of your employees speak a foreign language relevant to work on this case?

MR. FICK: What language is that?

MR. FICK: Is she a native speaker of Russian?

MR. FICK: Have you previously given sworn testimony in legal proceedings of various kinds?

MR. FICK: Have you previously testified in this court, before this judge, about digital forensics?

MR. FICK: Does your firm have a standard billing rate that you charge clients?

MR. FICK: What is that rate today?

MARK SPENCER: $425 an hour.

MR. FICK: What is the rate at which you're being compensated for this case?

MR. FICK: What is the institution or entity from which you receive payment in this case?

MARK SPENCER: The federal court.

MR. FICK: Approximately how many hours has your firm billed to date for work on this case?

MARK SPENCER: Approximately 400.

MR. FICK: So is that approximately --

MARK SPENCER: Approximately 400 hours.

MR. FICK: Right. Is that approximately $150,000 of fees?

MR. FICK: What were you asked to do in this case?

MARK SPENCER: We were asked to review electronic evidence and reports related to that evidence.

MR. FICK: When you say "reports," whose reports?

MARK SPENCER: The FBI's.

MR. FICK: When you say "electronic evidence," does that include forensic images of various devices?

MR. FICK: Can you remind the jury what a forensic image of a device is?

MARK SPENCER: A forensic image is essentially a copy of a storage device or volume which includes deleted space. And a fairly important matter is that at any time in the future, you can authenticate that forensic image. You can authenticate that it's good data.

MR. FICK: Were you here last week when Agent Swindon of the FBI testified?

MR. FICK: I'm going to put up on the screen a chalk or a chart listing a number of devices that he talked about in just a moment. Do you remember seeing that list last week?

MR. FICK: Now, the items pulled out here, is that three computers and four storage devices?

MARK SPENCER: Three computers, three thumb drives, and an external hard drive.

MR. FICK: Were those among the devices you analyzed in your work on this case?

MR. FICK: Did you analyze other devices in your work on this case?

MR. FICK: Approximately how many?

MARK SPENCER: Approximately 30.

MR. FICK: Across all of the devices you analyzed, can you give a ballpark estimate of how many files existed on those devices, discrete files?

MARK SPENCER: In terms of active files, over five million, five million files and folders. That does not include the contents of containers, like zip files, or the contents of deleted space.

MR. FICK: Now, when you begin work on a case, do you do some background workup on devices or images that you're going to analyze?

MR. FICK: What does that initial workup include?

MARK SPENCER: We refer to it as case initiation. But even if our own clients give us a laptop, for example, we determine what users exist on that laptop, when Windows was installed on that laptop.

MR. FICK: Do you also investigate the manufacturing date of devices if that information is available?

MARK SPENCER: In some cases, yes.

MR. FICK: Why do you look for information or why do you compile the information about the Windows installation and the manufacturing date?

MARK SPENCER: We -- in general, it's because it helps us with connections between computers, between files, between data, events. More specifically, in some cases, our clients will give us a laptop and say, This is our employee's laptop. When we look at it closer, we'll realize it's only been the employee's laptop for three months. And we'll have to ask the question, Well, where is the previous laptop?

MR. FICK: Now, did you do a workup in this case for the three computers we've been hearing a lot about: the Samsung, the Sony, and the Hewlett-Packard?

MR. FICK: If I could get the screen, your Honor, just for the witness?

MR. FICK: Do you recognize the document that's on the screen, which has been previously marked as Exhibit 3308?

MR. FICK: What is that?

MARK SPENCER: This is a summary of our findings related to the three computers.

MR. FICK: Is this a chart you created?

MR. FICK: Does this gather together and compile information from a variety of different forensic sources?

MR. FICK: Your Honor, I'd move into evidence 3308 and ask to publish.

MR. CHAKRAVARTY: The government's position is that this should be a chalk.

THE COURT: I'll admit it as a summary.

MR. FICK: Thank you, your Honor.

(Defendant's Exhibit No. 3308 received into evidence.)

MR. FICK: Now, the Samsung computer, you heard testimony last week, didn't you, that it was recovered on Laurel Street in Watertown, and the FBI called it Tamerlan's laptop? Do you recall that?

MR. FICK: What was the Windows installation date on that computer?

MARK SPENCER: December 21, 2011.

MR. FICK: And what is the principal user name on that computer?

MR. FICK: And when was it manufactured?

MARK SPENCER: September 2011.

MR. FICK: Now, the Hewlett-Packard, the second one there, HP 2R14, you understand that was a computer seized from Norfolk Street in Cambridge, correct?

MR. FICK: What was the Windows installation date on that?

MARK SPENCER: September 22, 2011.

MR. FICK: What was the principal user name on that computer?

MR. FICK: Was that created on the same day?

MR. FICK: And down at the bottom, the Sony 1R6, seized from an apartment down south in the New Bedford area, what was the Windows installation date on that computer?

MARK SPENCER: February 26, 2011.

MR. FICK: And what is the principal user name on that computer?

MR. FICK: And that was created on the same day that Windows was installed?

MARK SPENCER: That's correct.

MR. FICK: Now, did you have occasion to extract the internet search history on the Samsung computer, Tamerlan's laptop?

MR. FICK: How did you go about doing that?

MARK SPENCER: We used a combination of two tools: Internet Evidence Finder and NetAnalysis.

MR. FICK: Why do you use two tools?

MARK SPENCER: The tools aren't going to have the exact same criteria for what constitutes a search, so we want to have as comprehensive a set of potential searches as possible.

MR. FICK: Are these tools tools that are widely accepted and used in the digital forensics field?

MR. FICK: If I could get the monitor now just for the witness again, your Honor, please?

MR. FICK: I'm going to show you a document on the monitor previously marked as Exhibit 3303-6 and ask if you recognize it.

MR. FICK: What is it?

MARK SPENCER: This is a spreadsheet. This is essentially output from NetAnalysis and IEF related to searches.

MR. FICK: For the Samsung?

MARK SPENCER: For the Samsung computer.

MR. FICK: Is this a document that you created using the tools that you described?

MR. FICK: I want to draw your attention now to a particular search in this document from March -- first of all, before I do that, time on computers is measured or stated in different formats in different instances; is that fair to say?

MR. FICK: What is UTC time?

MARK SPENCER: UTC is Universal Time. No one is going to like this explanation. Universal Time for forensic people, some technical people, is the most accurate time. Computers, generally speaking, store time either in Universal Time or in local time. The problem with local time is that we may know exactly when local time really was. It might be Eastern. It might be Pacific. It might be some other time zone. There are situations in which we won't know exactly what local time was, and there's complications which include Daylight Savings and Daylight Savings happening in different years, when it started, when it stopped. So, generally speaking, Universal Time is just a much simpler time for us to stay in.

MR. FICK: Is there a calculable relationship between UTC and Eastern Time depending on whether we're in Daylight Savings or not?

MR. FICK: What is that relationship?

MARK SPENCER: When we are not in Daylight Savings, you would subtract five hours from UTC.

MR. FICK: For Eastern?

MARK SPENCER: For Eastern Time. When we are in Daylight Savings, you would subtract four.

MR. FICK: Okay. Now I'm going to show you a portion of this search history in just a moment if my computer will cooperate with me.

MR. FICK: Your Honor, I would ask to publish what is now on the screen, a portion of the document as we discussed, identifying it as Exhibit 3303-6A.

THE COURT: All right.

MR. FICK: Is this --

MR. FICK: I would ask to publish that to the jury, if I could.

THE COURT: They should have it.

MR. FICK: Thank you.

MR. FICK: Mr. Spencer, is this a sort of blow-up of a particular line entry on your search history spreadsheet?

MR. FICK: Is this the date and time that the search was conducted in UTC that I just circled there on the screen?

MR. FICK: Can you read the search term that's there?

MARK SPENCER: It says, "Ruger P95."

MR. FICK: Now, I'm going to show you another portion of the document.

MR. FICK: If I could just get it for the witness again, your Honor, briefly.

MR. FICK: Is this a portion of the document showing search terms on or about April 6 and 7 of 2013?

MR. FICK: Are the search terms various versions of words including "transmitter" and "receiver" and "oscilloscope"?

MR. FICK: Your Honor, I'd ask to publish this exhibit to the jury as 3303-6B.

THE COURT: All right.

MR. FICK: The highlighted portions that should be coming up on the screen now, are these the searches and terms from Tamerlan's Samsung that we just talked about on or about April 7 of 2013?

MR. FICK: If I could get the screen just for the witness again back, your Honor?

MR. FICK: I'm going to page through the document for you, Mr. Spencer, for a couple of other days on the screen here. The prior page, April 7th, are there terms on this screen that include the terms "fireworks," "firing system," and "detonator"?

MR. CHAKRAVARTY: Your Honor, object to the leading for each page. I don't mind the signposts but just leading the witness as to what to say.

MR. FICK: I can reframe and do it a different way.

MR. FICK: I'd ask to publish this page to the jury, your Honor, as 3306-6C [sic], I think we're at.

MR. FICK: Does this reflect certain search terms that were used on Tamerlan's Samsung on April 7 of 2013?

MR. FICK: Can you read the two search terms that are highlighted?

MARK SPENCER: "Fireworks firing system" and "detonator."

MR. FICK: If I could get the screen back again just for the witness, your Honor?

MR. FICK: Showing you a portion of the exhibit, does this page of the exhibit reflect certain search terms and -- from the Samsung computer on April 10 and 11 of 2013?

MR. FICK: Your Honor, I'd ask to publish this page to the jury as 3303-6D.

MR. FICK: If I could just ask you, Mr. Spencer, to read each of the highlighted search terms on this page at least until you hit the foreign language at the bottom?

MARK SPENCER: "Gun stores in N.H."; "gun stores in N.H., Salem"; "gun stores in N.H.," "Boston Marathon."

MR. FICK: What's the date of the search for the term "Boston Marathon"?

MARK SPENCER: April 10, 2013.

MR. FICK: Now, did you also extract the web search history from the Sony VAIO computer?

MR. FICK: Did the search term "Ruger" appear anywhere in the search history of the Sony VAIO computer?

MR. FICK: Did the search term "gun store" appear anywhere in the history of the Sony VAIO computer?

MR. FICK: Did the terms "transmitter," "receiver," "firework" or "detonator" appear anywhere in the search history of the Sony VAIO computer?

MR. FICK: Was the search term "Boston Marathon" evident in the search history of the Sony VAIO computer prior to the bombings on April 15th of 2013?

MARK SPENCER: There were references to the Boston Marathon bombing on the Sony. There were no references to the Boston Marathon without the context of the bombing.

MR. FICK: In other words, there were no searches using the term "Boston Marathon" prior to the bombing?

MR. FICK: If I could get the screen, your Honor, again just for the witness?

MR. FICK: I'm going to show you, Mr. Spencer, what we've previously identified as Exhibit 3303-10. Do you recognize what this is?

MR. FICK: What is it?

MARK SPENCER: This is an output from the tool I referred to earlier called NetAnalysis.

MR. FICK: What does it depict?

MARK SPENCER: This is a visual representation of hits, the number of times a domain name exists in the internet history, the web browser history.

MR. FICK: How is it created?

MARK SPENCER: The tool basically will look at the total number of occurrences of the domain name in the internet history.

MR. FICK: Is this a tool that's widely used and accepted among computer forensics examiners?

MR. FICK: Your Honor, I'd move this exhibit into evidence, 3303-10.

MR. CHAKRAVARTY: Your Honor, same position. I think this should be a chalk.

THE COURT: All right. I'll admit it as an exhibit as a summary.

(Defendant's Exhibit No. 3303-10 received into evidence.)

MR. FICK: And if I can publish it, please?

MR. FICK: What are the top two domains on this chart?

MARK SPENCER: www.facebook.com and vk.com.

MR. FICK: Do you have an understanding of what vk.com is?

MR. FICK: What is your understanding?

MARK SPENCER: My understanding is it's a Russian social networking site.

MR. FICK: Kind of similar to Facebook?

MARK SPENCER: As far as I know, yes.

MR. FICK: What is the total number of hits that the tool found for facebook.com?

MR. FICK: And what's the total number of hits for vk.com?

MR. FICK: Now, last week there was -- do you recall hearing testimony about an external hard drive recovered at Laurel Street in Watertown?

MR. FICK: This is a device identified as 1W16 by the FBI, is that right?

MR. FICK: What is an external hard drive as compared to, say, a thumb drive?

MARK SPENCER: Generally, an external hard drive is going to be a larger device, both in terms of physical size and in terms of storage capacity.

MR. FICK: Does the file system on an external hard drive frequently differ from the file system on a thumb drive?

MARK SPENCER: It many cases, yes. A thumb drive normally will have an older type of file system known as FAT, or file allocation table. External hard drives, being generally much larger devices, will have a more advanced file system on them, either NTFS or something known as HFS.

MR. FICK: Can you glean more forensic information from a hard drive that has the NTFS file system on it?

MR. FICK: What does it mean to format a hard drive, an external hard drive?

MARK SPENCER: From a laymen's perspective, format means to reset the hard drive, start fresh. More specifically or more technically, you're creating a new file system on that device.

MR. FICK: What is the consequence of that or an effect of that from an end user's perspective?

MARK SPENCER: A user who engages in a format isn't going to see the previous files and folders that were on that drive.

MR. FICK: Is it possible to recover specific forensic information about what computer and what user on that computer formatted an external hard drive?

MR. FICK: How do you go about doing that?

MARK SPENCER: Based on the way NTFS works, the file system, you can identify the owner of files and folders that are on that drive, including critical files and folders that allow the file system to operate. That file system information includes security information about not only the computer that, by default, was responsible but the user.

MR. FICK: The user on that computer?

MR. FICK: Can you also recover information about what computer created individual files on an external hard drive?

MR. FICK: Is that done in a similar manner to what you just described for the format question?

MR. FICK: Now, you talked about security streams or security identifiers, something like that. What is a security identifier?

MARK SPENCER: The actual information, the security information, stored on the hard drive that contains the NTFS file system includes things called security descriptors. Basically, these are things that tell the operating system what access various users should have to the various device and what types of auditing are correct on that device. It's basically a big index, and it says, This user can do this thing. This user can do that thing. This user is the owner of a certain thing.

MR. FICK: So when you talk about the security identifier, what is it exactly? What does it look like? How is it depicted?

MARK SPENCER: It looks like a long string of numbers and letters. It's a globally unique identifier designed by Microsoft. So it's a long list.

MR. FICK: Essentially a lengthy stream of letters and numbers?

MR. FICK: Do any two computers or users in the world have the same security identifier?

MARK SPENCER: Well, the intent of a global unique identifier is so that they don't. You could force a collision but in practice, no, in our experience, no.

MR. FICK: Did you make efforts to determine the security identifier associated with various files on the 1W16 hard drive recovered at Laurel Street in this case?

MR. FICK: Were you able to associate the security identifiers on that hard drive with another piece of evidence in this case?

MR. FICK: What association or relationship did you find?

MARK SPENCER: The security identifier for the files and folders on the Laurel Street hard drive was related to the Samsung laptop and the Umar user.

MR. FICK: When you say "related to," what does that mean with respect to the security identifier?

MARK SPENCER: Specifically, the owner of the files and folders was the Umar user on the Samsung laptop.

MR. FICK: Did you create a chart to summarize your review and the results of the information that you took from various sources?

MR. FICK: Your Honor, if I could get the screen for the witness only?

MR. FICK: Do you recognize the document I've put on the screen here?

MR. FICK: What is it?

MARK SPENCER: This is a listing of the files and folders currently on Laurel 1W16, the Laurel hard drive, which includes the SID information, which user --

MR. FICK: Let me stop you. SID is?

MARK SPENCER: Security identifier.

MR. FICK: Ownership information, which computer, which owner, is associated with each file and folder in this list. And do we know what that SID is? What does SID, security identifier, relate to?

MR. FICK: Your Honor, I'd ask to admit and publish this Exhibit 3301-01 as a summary.

THE COURT: Is this a single page?

MR. FICK: It's actually got a few pages. It's about four or five pages.

MR. CHAKRAVARTY: No objection, your Honor.

(Defendant's Exhibit No. 3301-01 received into evidence.)

THE COURT: No. Do they all look like this since I'm only seeing the first one?

MR. FICK: Yes. But they're all similar to that.

THE COURT: No objection?

MR. FICK: If we could publish this.

MR. FICK: 3301-0 1, that's correct.

MR. FICK: What does the first column on the left here that I've highlighted, what does that depict?

MARK SPENCER: Those are objects related to the file system itself that a -- a normal user would not see these.

MR. FICK: These are the names of files on the Laurel Street hard drive?

MARK SPENCER: Essentially, yes.

MR. FICK: Are there particular files that are associated with the formatting of the hard drive?

MARK SPENCER: There are.

MR. FICK: For example, what is -- I've just highlighted the file name "$MFT." What is that?

MARK SPENCER: That stands for master file table. That's a critical database that's used for the file system to function. It tracks the files and folders on that device.

MR. FICK: What is the relationship of that file to the formatting process of a hard disk? In other words, is that a file that is associated with the process of formatting a hard disk?

MR. FICK: Can you describe what you mean by that?

MARK SPENCER: When you format a storage device, thumb drive or an external hard drive, if you're using the NTFS file system, there's going to be a suite of objects that have to be created for it to function properly. This $MFT is one of those objects that is required for it to operate properly.

MR. FICK: This second column, the long string of a letter and some numbers here that I've just circled, what is that?

MARK SPENCER: That's the security identifier.

MR. FICK: In this particular line, does this reflect the security identifier for this file we were just talking about?

MR. FICK: And then were you able to associate that security identifier with a particular item of evidence?

MR. FICK: Is that what's reflected here in the third column?

MR. FICK: So, in other words, the file here, the security ID owner of that file is the user Umar on the Samsung computer?

MR. FICK: Now, in addition to system files, you undertook similar analysis for sort of ordinary user files that a user would see on this hard drive, is that right?

MR. FICK: I'm going to page ahead. Up on the screen now from a further page into this document, do you see file names on the -- in the left column?

MR. FICK: Are those various file names that have "Awlaki" in them?

MARK SPENCER: Not all of them; minus two.

MR. FICK: Were you able to find the security identifier information associated with those files?

MR. FICK: Did that match another device in the case?

MR. FICK: Was that the Samsung?

MR. FICK: And that's what's reflected here in the graph?

MR. CHAKRAVARTY: Objection to the leading, your Honor.

MR. FICK: Just trying to be quick, but I'll refrain.

THE COURT: Go ahead.

MR. FICK: Thank you.

MR. FICK: Moving ahead to another page just as a few more examples, for those files listed on the left side, did you similarly -- did you reach a similar conclusion about what computer and user was the owner of those files on this hard drive?

MARK SPENCER: Yes, the same conclusion.

MR. FICK: Were there any files on this hard drive that were not owned by the security identifier associated with the Samsung?

MARK SPENCER: Other than system files, which do not have traditional security identifiers like this, no.

MR. FICK: Now, I'm going to show you a government exhibit already in evidence, Exhibit 1475-02A, which is -- one moment. Do you recognize this as being the blowup of the government's exhibit which listed all the files on the Laurel Street hard drive?

MARK SPENCER: I really can't see much of that other than what you've blown up, but it looks similar.

MR. FICK: The two file names highlighted there in Cyrillic letters, did you have occasion to verify whether those two files, in fact, exist on the Laurel Street hard drive?

MR. FICK: Do those files exist on the Laurel Street hard drive?

MR. FICK: And the documents, were you able to verify that the documents previously marked as Exhibits 3310-1 and 3310-2 are correct copies of those two files?

MARK SPENCER: Could you say that again?

MR. FICK: Did you verify whether the exhibits previously marked as 3310-1 and 3310-2 are true and accurate copies of those two files off the Laurel Street hard drive?

MARK SPENCER: Yes. We compared the actual files to make sure that the content was the same.

MR. FICK: Your Honor, I would move into evidence 3310-1 and 3310-2 as well as the translations which I believe are agreed upon.

MR. CHAKRAVARTY: No objection, your Honor.

THE COURT: All right.

(Defendant's Exhibit Nos. 3310-1 and 3310-2 received into evidence.)

MR. FICK: Now, first of all, as a general matter, do you have an understanding of what the English meaning of those two file names are from your employee's assistance?

MR. CHAKRAVARTY: Objection, your Honor.

THE COURT: Well, we have the translation, don't we?

MR. CHAKRAVARTY: We do have the files. I'm not sure that the file names are also translated. It sounds like he's getting it from his employee.

MR. FICK: I believe the government witness did the same thing.

THE COURT: My point -- you're right, strictly speaking. But is it inevitable that we're going to get it anyway? The objection is sustained. Go ahead.

MR. FICK: I'm going to pull up on the screen what's now in evidence two different items. On the left side of the screen is Exhibit 3310-01, a document in a foreign language; and on the right side of the screen is 1475-21, a copy of Complete Inspire, a particular page. Do you see that on the screen in front of you?

MR. FICK: Oops. It's not the -- here we go.

MR. CHAKRAVARTY: Your Honor, the government doesn't object to the authenticity of either of these documents, but this witness is not -- it's not in his expertise to be testifying about comparing those documents.

THE COURT: That seems to be right.

MR. FICK: I just want to show a few contents next to each other, your Honor, on the screen. I'm not going to ask him to analyze them.

MR. CHAKRAVARTY: This seems argumentative, your Honor.

THE COURT: The exhibits are in evidence. Okay. Go ahead. I guess what can be absorbed is the pictures, is that it?

MR. FICK: For this particular purpose, yes, on the screen.

MR. FICK: And I'll move on.

MR. FICK: I'll now put up on the screen the translation of 3310-01A, which is the translation of the first of those two files. Can you just read this paragraph of the translation that I highlighted there, the full paragraph?

MARK SPENCER: "Your task is to make use of this material which is translated into Russian from Inspire, the mujahideen magazine of the Arabian Peninsula. The text was translated into Russian so that our Russian brothers and sisters could make use of it. And let Allah help you. Amen."

MR. FICK: I'm now going to put up on the screen the translation, 3310-02A, the other of those two files. I'll move ahead a page.

MR. FICK: Can I just ask you to read the first couple sentences of this paragraph? You can skip, I guess, the foreign language in the first clause if you'd like. "Good article."

MARK SPENCER: "As-salaam aleikum Ali Abu (ph). Good article but novices will not be able to understand. They were somewhere around video lessons in three parts on how to make a bomb."

MR. FICK: Can you continue a little bit?

MARK SPENCER: "And the refrigerator temperature should be between 3 and 5 degrees to make the powder."

MR. FICK: And one more sentence.

MARK SPENCER: "And also, when you are making the bomb, get rid of all metal things as they might detonate the powder. Work only with wooden and plastic things."

MR. FICK: Now, did you have occasion to investigate whether -- first of all, what kind of files were these original files, the two that we just talked about and were entered into evidence, not the translations but the originals?

MARK SPENCER: These files were in Word document format.

MR. FICK: Did you have occasion to determine whether those files were ever opened in Microsoft Word on any of the computers available in evidence in this case?

MR. FICK: What did you find?

MARK SPENCER: We found event log records. Windows event logs are diagnostic logs kept by Microsoft in some applications. In this particular case, Microsoft Office recorded some alerts related to when files were saved, these files in particular.

MR. FICK: On what computer did you find those artifacts?

MARK SPENCER: On the Samsung.

MR. FICK: The Samsung from Laurel Street identified as Tamerlan's?

MR. FICK: Did you find any such artifacts on the Sony?

MR. FICK: Now, I'm going to put up on the screen a couple of pages of what is in evidence as 1475-21, which is a PDF document called Complete Inspire. Do you recall seeing this PDF and hearing testimony about it last week when you were observing Mr. Swindon?

MR. FICK: Did you undertake any analysis across the forensic devices or the images available to you to trace the history and origin of this file across those devices?

MR. FICK: What did you do exactly? Can you describe a little bit what you did?

MARK SPENCER: At the most basic level, we looked to see where this document existed, when it was created.

MR. FICK: Okay. And did you create a couple of charts to summarize your findings?

MR. FICK: If I could get the screen just for the witness, your Honor?

MR. FICK: Mr. Spencer, do you recognize this chart?

MR. FICK: What is it?

MARK SPENCER: This is a summary of our findings related to the created date and times of this document.

MR. FICK: Is it a summary of information taken from a variety of different forensic sources across the images you had in your possession?

MARK SPENCER: Yes, essentially file and folder listings.

MR. FICK: Your Honor, I'd move this document into evidence and ask to publish.

MR. CHAKRAVARTY: Same objection, your Honor.

THE COURT: Okay. All right. I'll admit it as an exhibit.

MR. FICK: Thank you, your Honor.

THE COURT: The number?

MR. FICK: It's 3312-1.

(Defendant's Exhibit No. 3312-1 received into evidence.)

MR. FICK: So can you just describe briefly for the jury what the different columns of this chart represent?

MARK SPENCER: The first column represents the piece of evidence we were referring to it. The second column, if the value is not in italics, that's the Universal Time for the created date, for that item. If it's in italics, then it's in local time.

MR. FICK: What is the -- what is the created date of a file on a device? What does it mean? What's its significance?

MARK SPENCER: The created date normally refers to when a file was originally created in its current location. So that could mean copied there. It could also mean originally created there, or it could refer to when a file was moved there. The reference would be to its creation time in its original location if it was moved there.

MR. FICK: Now, some of these entries are in italic, which meant you left them in local time. Why did you do that?

MARK SPENCER: Again, that's because the local time in these cases, it's -- that is how the value was stored by the operating system, by the file system. In many cases we can assume that we're referring to Eastern Time, and we can simply -- if we wanted to go back to Universal Time, we could add hours. If we wanted to come back from Universal Time, we would subtract them. But the Eastern Time is an assumption. We know that laptops can travel. Time zones can change. We may not know exactly when a time zone was set one way versus another way.

MR. FICK: In other words, where your data was in local time, you left it in local time? Is that essentially what you're saying?

MARK SPENCER: If the data was originally stored by the file system or the operating system in local time, we left it that way here, yes.

MR. FICK: So across all the evidence you had available to you, did you find any sign of or reference -- any evidence of the Complete Inspire PDF being created prior to the circled date here, December 21, 2011?

MARK SPENCER: Creation time, no.

MR. FICK: And on the Samsung, Tamerlan's Samsung, documents TC, what does that stand for?

MARK SPENCER: That refers to an encrypted container, a TrueCrypt container on the Samsung laptop.

MR. FICK: Was the name of the TrueCrypt container "documents"? That's why that's in quotes?

MR. FICK: And so that's among all -- across all of the evidence you had available, that is the -- was that the first reference to creation of Complete Inspire that you could find?

MR. FICK: Now, the second reference here, this Patriot VSN, what is that device?

MARK SPENCER: That's a Patriot thumb drive. We do not have a forensic image for it, so we refer to it with its known volume serial number.

MR. FICK: Do you recall testimony from Agent Swindon where he also referred to it or agreed with me referring to it as the missing Patriot thumb drive?

MR. FICK: And so the second reference -- so how do -- where did you come up with the reference to the file being created on the Patriot thumb drive on that date, the thumb drive itself?

MARK SPENCER: This particular entry came from target information of a jump list. A jump list is similar to a shortcut that you've heard about before. It's data that points somewhere else. This jump list data will contain specific information about the thing it points at including the thing it points at, its created time, its last access time, its last modified time. In this case, a jump list on one of the computers pointed at Complete Inspire, on this Patriot thumb drive, and recorded at that time that its created date was as you see, January 21, 2012.

MR. FICK: Again, that's the created date on the Patriot itself, correct?

MR. FICK: Did you undertake further analysis of exactly what may have happened to Complete Inspire on January 21 of 2012?

MR. FICK: If I could get the screen just for the witness, your Honor?

MR. FICK: I'm going to put up on the screen what's previously been marked as 3312-02. Do you recognize this document?

MR. FICK: What is it?

MARK SPENCER: This is a summary of events that are in some way related to Complete Inspire on this particular day.

MR. FICK: Where is the information taken from that is put into this summary?

MARK SPENCER: This information comes from three sources: the jump list information I mentioned, file system information; the file and folder listings; and Windows registry information.

MR. FICK: Those are all -- fair to say those are all sort of sources of forensic digital information in the various images you looked at?

MARK SPENCER: Yes. All of this information exists within the forensic images.

MR. FICK: Your Honor, I'd move this into evidence as 3312-02.

THE COURT: All right. On the same basis, I will allow it.

(Defendant's Exhibit No. 3312-02 received into evidence.)

MR. FICK: If we could publish that?

MR. FICK: Can you just explain for the jury what this slide depicts and sort of go through step by step the events that are listed here?

MARK SPENCER: The first line indicates that we see an attachment event of this Patriot, this particular Patriot, January 21, 2012, 6:22 a.m.

MR. FICK: I'm sorry. To what was the Patriot attached at that time?

MARK SPENCER: The Samsung laptop.

MR. FICK: How do you know that? Where did that information come from?

MARK SPENCER: Windows registry information.

MR. FICK: Inside the Samsung?

MARK SPENCER: That's correct.

MR. FICK: Now, the second line, January 21, 2012, about two seconds or so later, explain what that is.

MARK SPENCER: Two minutes later.

MR. FICK: I'm sorry, two minutes later. I apologize.

MARK SPENCER: That is information from a jump list, which pointed at the Patriot, actually pointed at completeinspire.pdf on the Patriot, which indicates that that file was created in that location, on that device, on January 21, 2012, 6:24:18.

MR. FICK: And then the next event, what is that?

MARK SPENCER: That's an attachment event, which shows the attachment of this Patriot to the Sony laptop.

MR. FICK: And that's about two minutes -- less than a minute later, also on January 21 of 2012?

MARK SPENCER: Correct, less than a minute later.

MR. FICK: And then the last line, what does that depict?

MARK SPENCER: That's the file creation time on the Sony of completeinspire.pdf.

MR. FICK: What, if anything, can you infer from this data about how Complete Inspire wound up on the Sony?

MARK SPENCER: The window is very, very tight here in terms of the attachment of this device onto which we know this particular file was copied and then its creation onto another device. So this would appear to indicate that completeinspire.pdf was copied from the Samsung laptop and then copied to the Sony laptop. There's also the issue of evidence which does not reflect anything else occurring. There was very, very little activity around these times on either of these computers.

MR. FICK: So to put that another way, did you find, for example, any indication whatsoever that Complete Inspire came off the internet at this time?

MR. CHAKRAVARTY: Objection, your Honor. It's argumentative.

THE COURT: No, overruled. You may answer that.

MR. FICK: Did you find any information to suggest that Complete Inspire was created at this time from any other source?

MR. FICK: Now, did you have occasion to investigate whether other copies of Inspire -- when they were created on the Sony, other copies of Inspire Magazine?

MR. FICK: If I could get the screen just for the witness, your Honor?

MR. FICK: Showing to the witness what's been premarked as 3313-03, what does this chart depict?

MARK SPENCER: This chart is a little bit more general than the last one in terms of file creation. This is the creation -- essentially shows the creation of all issues of Inspire on the Sony on January 21, 2012.

MR. FICK: Is it a summary compiled from other sources in the forensic data you looked at?

MARK SPENCER: Multiple sources from the forensic images, yes.

MR. FICK: Your Honor, I'd move this into evidence as 3313-03.

THE COURT: All right. Admitted.

(Defendant's Exhibit No. 3313-03 received into evidence.)

MR. FICK: And if we could publish that?

MR. FICK: Can you describe for the jury what this chart depicts?

MARK SPENCER: The first line shows an attachment event on the Samsung laptop of the Patriot that we've been discussing. The second line shows a file creation of completeinspire.pdf on that Patriot device. Third line shows an attachment of that Patriot thumb drive to the Sony laptop. Then the next four lines depict file creation date and times for multiple issues of Inspire on the Sony laptop.

MR. FICK: What's the time window in which all those events occurred, roughly speaking?

MARK SPENCER: This was between 6:22:31, again, Universal Time, and 6:26:10.

MR. FICK: All within a couple of minutes?

MARK SPENCER: A few minutes.

MR. FICK: Do you understand the date of January 21, 2012, to have other significance in the case?

MR. CHAKRAVARTY: Objection, your Honor.

MR. FICK: Well --

THE COURT: Sustained.

MR. FICK: Do you recall at the beginning, right before I started asking you questions, we put up a travel document showing Tamerlan's departure from the United States on January 21, 2012?

MR. CHAKRAVARTY: Objection, your Honor.

THE COURT: Sustained.

MR. FICK: After January 21, 2012, is there any evidence across any of the forensic images at your disposal to suggest or to show the Patriot, the missing Patriot, ever being attached to a device again that we're aware of?

MR. FICK: So what was the last date in all the evidence that you have available to you where we see indicia of the Patriot being attached to something?

MARK SPENCER: Later in the day on January 21, 2012.

MR. FICK: I have nothing further.

Continue to next page3.Mark Spencer — Cross/Redirect/Recross (Part 2)