5.Laith Albehacy — Direct/Cross
182 linesLAITH ALBEHACY, Sworn
COURT CLERK: State your name. Spell your last name for the record. Keep your voice up and speak into the mic so everyone can hear you.
LAITH ALBEHACY: My name is Laith Albehacy, L-a-i-t-h, A-l-b-e-h-a-c-y.
DIRECT EXAMINATION BY MR. FICK:
LAITH ALBEHACY: Good morning, sir.
LAITH ALBEHACY: Yes.
LAITH ALBEHACY: To be honest, at the beginning I didn't want to come, but now I'm here. So I'm ready to do it, yeah.
LAITH ALBEHACY: You're welcome.
LAITH ALBEHACY: I'm 46.
LAITH ALBEHACY: I have a bachelor of commerce.
LAITH ALBEHACY: From Egypt.
LAITH ALBEHACY: Yes. I'm originally from Egypt.
LAITH ALBEHACY: I came to Boston 2008.
LAITH ALBEHACY: I was working at Al-barra Market in Cambridge.
LAITH ALBEHACY: Since I came to the States, in 2008.
LAITH ALBEHACY: Yes, almost seven years.
LAITH ALBEHACY: I'm the store manager.
LAITH ALBEHACY: It's for Middle Eastern food stuff and have meat and chicken.
MR. FICK: Geographically in Cambridge, is it near the Islamic Society of Boston mosque on Prospect Street?
LAITH ALBEHACY: Yes. It's about two blocks away from the mosque.
LAITH ALBEHACY: Yes, I was.
LAITH ALBEHACY: Yes, I did, I did, through a customer. He came and told me there's something happen during the Marathon. And I watched the news on my laptop.
MR. FICK: Now, sometime after you had heard about the explosions, did you encounter a person in the store, coming into the store as a customer, who you later learned to be Tamerlan Tsarnaev?
LAITH ALBEHACY: Yes.
LAITH ALBEHACY: I saw him a couple of times, yes.
LAITH ALBEHACY: Yes, about maybe every two, three months, I see him.
LAITH ALBEHACY: Yeah. I work there only three days a week, so --
MR. FICK: Now, on the afternoon of April 15 of 2013, can you describe your interaction with Tamerlan Tsarnaev on that day?
LAITH ALBEHACY: Can you repeat the question, please?
LAITH ALBEHACY: When he came that day while I was watching the news on my laptop. And I think he grabbed some cookies or chocolate. And I told him, Do you heard about the bomb, the Marathon bombing? And he said no. And I told him, as a joke, You're not the one who did it? And he smiled to me and he said no.
LAITH ALBEHACY: And then he left.
LAITH ALBEHACY: Yes. As far as I remember, he just bought something.
MR. FICK: From your prior encounters with Mr. Tsarnaev in the store over the years, how would you describe him physically, his demeanor? What do you mean by him?
LAITH ALBEHACY: Well, he's a big guy. He's a muscly guy. And to be honest, the conversation between me and him, it was only, like, normal chatting, like, Hi, how are you? How is everything? How is your daughter? Because he has a daughter same age as my daughter. So most of the conversation was about how is the girl and does she speak? Does she walk? That's it. No more.
MR. FICK: Did you have any observations of how he sort of -- how he carried himself, how he shook hands with you?
LAITH ALBEHACY: He's a big guy, so when he shake your hand, he just -- he's -- what you can say -- is proud of his muscles. Like, he show off that I'm a big guy, and I can squeeze your hand.
MR. FICK: Now, in addition to seeing him at the store -- first of all, let me ask you: Do you sometimes yourself attend the Islamic Society mosque on Prospect Street?
LAITH ALBEHACY: Yes, I do. Every Friday in the Jumu'ah prayer, I work in the store, and we close during the prayer time, and I go to pray and come back to work.
MR. FICK: And did you observe an incident involving Tamerlan Tsarnaev at the mosque in the fall of 2012?
LAITH ALBEHACY: I did, yes.
LAITH ALBEHACY: Well, I think it was before the election. And to be honest, I can't remember which election, the presidential election or the governor of the city. And Imam, during the speech, the lecture, at prayer, he was saying that -- he was encouraging everybody to go and elect and choose one of the guys. And then we have -- by participating in the election, we can be a full-time citizen and so on and so on. He didn't like that. So he stood up, and he told him we shouldn't do that.
LAITH ALBEHACY: He called the Imam, You are monafiq. Monafiq means, like, hypocrite.
LAITH ALBEHACY: He always -- as I said, he's full of -- he's proud of his muscles and his voice. When he talks, he's loud. He doesn't speak -- he has loud voice, yeah.
LAITH ALBEHACY: Say it again, please.
LAITH ALBEHACY: Yeah. He said to Imam -- when he was talking to the Imam, he was using his hand.
LAITH ALBEHACY: A few seconds, maybe ten, twenty seconds, and he -- then he sat down.
LAITH ALBEHACY: Yes, I was there.
LAITH ALBEHACY: That week, it was Martin Luther King week or holiday, and also it was the Prophet Mohamed's, Sallah Allah alihe wa Salam, birthday. So, as Muslims, we celebrate the birthday of the prophet, Sallah Allah alihe wa Salam. So the Imam was saying that this week we have Martin Luther King and he was a great guy, and he did so and so for human rights and for -- the history of Martin Luther King as everybody knows. Also in the same week we have the Prophet Mohamed, Sallah Allah alihe wa Salam. He did that for mankind. He was doing comparison between Martin Luther King and the Prophet Mohamed, Sallah Allah alihe wa Salam.
The first part of the speech was in Arabic, so I think he didn't understand what was going on.
LAITH ALBEHACY: Yes, yes, sorry.
And then when the second half Imam say in English. And when he start to do it to compare between Martin Luther King and what he did and the Prophet Mohamed, Sallah Allah Alihe wa Salam, he didn't like it. And he stood up and he said, Imam, you are monafiq. He didn't like it, and he was shouting at him.
LAITH ALBEHACY: Yeah. He was saying that he shouldn't do this. This is -- you cannot compare the prophet with kafir person. Kafir is infidel. So he was saying that. You cannot compare the prophet himself and a kafir person.
LAITH ALBEHACY: Again, maybe 30 seconds or something like that. I can't remember to be honest.
LAITH ALBEHACY: He look at everybody in the masjid and he said, You guys, you should kick him out or he should go. People tell him, No, you go out. And then he left.
LAITH ALBEHACY: Thank you.
CROSS-EXAMINATION BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Good morning.
LAITH ALBEHACY: Good morning, sir.
MR. CHAKRAVARTY: I'm one of the prosecuting attorneys.
Mr. Albehacy, when Tamerlan came to the -- your store, the Al-barra, on April 15th --
LAITH ALBEHACY: I don't own the store. I work there.
MR. CHAKRAVARTY: I'm sorry. You don't own the store. You're just an employee?
LAITH ALBEHACY: Yes.
MR. CHAKRAVARTY: Do you still work there?
LAITH ALBEHACY: Yes, I do.
MR. CHAKRAVARTY: He came to the store. And you had seen him before?
LAITH ALBEHACY: Yes, a couple of times.
MR. CHAKRAVARTY: Before April 15 of 2013?
LAITH ALBEHACY: Yeah.
MR. CHAKRAVARTY: Had you seen him in the few months between these incidents at the mosque and the bombing?
LAITH ALBEHACY: I think so, yeah.
MR. CHAKRAVARTY: Is that the time period where he would attend the store?
LAITH ALBEHACY: Yes.
MR. CHAKRAVARTY: And he was pleasant with you?
LAITH ALBEHACY: Yes.
MR. CHAKRAVARTY: When he came, he actually -- I think one time he came with his young daughter, correct?
LAITH ALBEHACY: Yes, he did.
MR. CHAKRAVARTY: And he was pleasant with her?
LAITH ALBEHACY: Yes, he was.
MR. CHAKRAVARTY: When he came on April 15, 2013, and he bought -- I think you said cookies and maybe chocolate?
LAITH ALBEHACY: Yes. Normally he buys cookies and chocolate for the daughter.
MR. CHAKRAVARTY: He was alone on that day, correct?
LAITH ALBEHACY: On the day, the day of the incident? Yes, he was alone.
MR. CHAKRAVARTY: And your store is very close to the masjid on Prospect Street?
LAITH ALBEHACY: Two blocks away from the mosque.
MR. CHAKRAVARTY: Is there also a Whole Foods on that street?
LAITH ALBEHACY: Yes.
MR. CHAKRAVARTY: That's not far as well, correct?
MR. CHAKRAVARTY: And you didn't see the defendant come into the store that day, correct?
LAITH ALBEHACY: Who?
MR. CHAKRAVARTY: The defendant, the person seated at counsel table.
LAITH ALBEHACY: No, I never met him in my life.
MR. CHAKRAVARTY: He had never come into that store before?
LAITH ALBEHACY: I don't know. But I never met him in my life.
MR. CHAKRAVARTY: You didn't see a car waiting outside?
LAITH ALBEHACY: On that day?
MR. CHAKRAVARTY: On April --
LAITH ALBEHACY: No, I didn't see.
MR. CHAKRAVARTY: How long was Tamerlan in your store?
LAITH ALBEHACY: Maybe a half minute.
MR. CHAKRAVARTY: He just came in?
LAITH ALBEHACY: Yeah.
MR. CHAKRAVARTY: Said a few things and then left?
LAITH ALBEHACY: Yes.
MR. CHAKRAVARTY: With regards to the incidents that occurred at the masjid with Tamerlan rising, would you agree with me that it's not usual for somebody to challenge the Imam at the masjid?
LAITH ALBEHACY: It's unusual.
MR. CHAKRAVARTY: It happens sometimes but it's not --
LAITH ALBEHACY: Not usual, yeah. You shouldn't do that, yeah.
MR. CHAKRAVARTY: Was that the first time that you had seen Tamerlan to be loud and obnoxious?
LAITH ALBEHACY: Yes.
MR. CHAKRAVARTY: Would you agree with me that the position that he took was a pretty extremist position, that you should not participate in elections?
LAITH ALBEHACY: I cannot decide if extreme or not, but I think it's -- also I'm not very -- I'm not scholared to decide, but I think it's unusual.
MR. CHAKRAVARTY: Unusual here in America?
LAITH ALBEHACY: In the masjid. You shouldn't interrupt the Imam.
MR. CHAKRAVARTY: Okay.
LAITH ALBEHACY: It's rude.
MR. CHAKRAVARTY: Okay.
LAITH ALBEHACY: Yeah.
MR. CHAKRAVARTY: Is it the rudeness that was unusual or the substance of what he was saying that was unusual?
LAITH ALBEHACY: I think both, yeah.
MR. CHAKRAVARTY: And do you remember who the Imam was that day?
LAITH ALBEHACY: Yes, I do.
MR. CHAKRAVARTY: Who was it?
LAITH ALBEHACY: His name is Loay.
MR. CHAKRAVARTY: Was he the Imam on both days?
LAITH ALBEHACY: Yes, he was.
MR. CHAKRAVARTY: After the interruption, did people at the masjid attempt to talk to Tamerlan?
LAITH ALBEHACY: To be honest, I work, so I just run to the masjid to pray and run back to open the store because after praying time it's very busy in the store. Most of the people finish praying and then go to the store, so I have to run. So I didn't see what happened after that.
MR. CHAKRAVARTY: So, regardless, after the first interruption around November of 2012, Tamerlan continued to attend the masjid?
LAITH ALBEHACY: Yes, because he was there on the second time.
MR. CHAKRAVARTY: He was there at the second time. Did you see him after that at the masjid?
LAITH ALBEHACY: To be honest, I can't remember.
MR. CHAKRAVARTY: When he -- after the interruption, did you talk to Tamerlan about that?
LAITH ALBEHACY: No, I didn't talk to him about this incident.
MR. CHAKRAVARTY: Did you talk to the management of the masjid about what they were going to do about Tamerlan?
LAITH ALBEHACY: No, I did not.
MR. CHAKRAVARTY: That's all I have, your Honor.
THE COURT: Mr. Fick, anything else?
THE COURT: Mr. Albehacy, thank you. You may step down.
LAITH ALBEHACY: Thank you, sir.
THE COURT: I think we'll take the morning recess at this point.
COURT CLERK: All rise for the Court and jury. Court will take the morning recess.
(Recess taken at 11:07 a.m.)
COURT CLERK: All rise for the Court and the jury.
(The Court and jury enter the courtroom at 11:35 a.m.)
COURT CLERK: Be seated.
THE COURT: Mr. Fick?