1.Defense Evidence Rulings — Search History, Arrest Photos, and Travel Record
42 lines(LOBBY CONFERENCE AS FOLLOWS:
THE COURT: We had left open what might be shown today, so I just wanted to go over it with you.
Generally, I think I'll permit what Mr. Fick outlined yesterday on the representation it will be targeted. So in terms -- you know, I think some of these things were opened by the government in its evidence about the hard drive on Laurel Street, for example, so on and so forth. So I think some of that.
There is -- what is your -- has anything changed? Have you talked about the translation issue?
MR. FICK: The one that we want to come in today, we've reached an agreed-upon version, so I think --
MR. CHAKRAVARTY: I haven't seen the revision but --
THE COURT: Okay. What about Ms. Graff?
MR. WEINREB: She's here.
THE COURT: And will get on and off today?
MS. CLARKE: Sure. Did you introduce her to --
MR. WEINREB: I think Mr. Watkins is out talking to her right now.
THE COURT: All right.
MR. CHAKRAVARTY: Your Honor, one issue on the computer exhibits, there's internet web history for which the witness has created some what appear to be chalks, which are kind of a graphic representation. I assume that they are going to be chalks and not exhibits, versus the entire internet history, which is some several thousand pages long, which I think is more than what they need to show the particular items which we concede are obviously relevant.
MR. CHAKRAVARTY: On the Samsung particularly.
THE COURT: The Samsung is Tamerlan?
MR. FICK: The Samsung is Tamerlan. I don't intend to put in the entire internet history. For convenience and to avoid sort of accusations of cherry picking, I would like to put in the entire search history and then show the particular examples I mentioned yesterday. The search history is only, like, a hundred pages of a PDF, and I'll pull out a few things to show him. I think that document, though, in its entirety, I would like to introduce.
MR. CHAKRAVARTY: The issue there is then it goes to -- the government understands the connection with component parts or things that are related to crimes. The other things that Tamerlan was doing on his computer seem to be irrelevant and potentially go to the penalty phase, not to anything in this phase.
THE COURT: Well, what's the point, I guess?
MR. FICK: I guess it's just a little bit more cumbersome to introduce -- I can do pullouts of the individual search terms that I discussed yesterday that are pertinent to who did a particular piece of research about the crime. And we could introduce those, I guess, at the end of everything and put those in evidence as A, B, C subparts. It's a little bit more cumbersome.
THE COURT: We did some of that yesterday.
THE COURT: I think it -- yeah, I think it -- to the extent the jurors will pay attention to the whole history, which I think is perhaps open to doubt --
MS. CLARKE: We just don't want to have --
THE COURT: -- and search through it themselves, I think it probably would produce irrelevant and potentially 403 types of things. Eventually, if there's a second phase, you'll have the chance to put in all the stuff about Tamerlan you want. Don't quote me.
MR. WEINREB: We move to strike that from the record.
(Laughter.)
MR. FICK: Understood. I guess, perhaps just even in terms of presentation -- I don't know -- if the government has no objection to -- rather than having to switch the screen for every little individual search, I mean, I will only pull up to show, you know, in legibly large type, the searches of the nature we talked about, and then I can move, you know, sub-pages into evidence but -- rather than taking it on and off the screen if that's okay.
THE COURT: That's fine.
MR. WEINREB: I think there was one unresolved issue, which were the seven so-called arrest photos.
THE COURT: Yes. I'll permit those to be used. They're cumulative to some degree, but seven is within the range.
MS. CLARKE: The travel document.
MR. FICK: That was the other question. I would like to move into evidence simply the public record travel document right before I question Mr. Spencer just so it's in the record.
THE COURT: That's okay. You know -- anyway, so -- it's limited enough that I'll allow it.
THE COURT: Who's first? Spencer?
. . . END OF LOBBY CONFERENCE.)
P R O C E E D I N G S
THE COURT: Good morning, jurors. Mr. Fick.
COURT CLERK: Sir, will you please rise and raise your right hand.