6.Loay Assaf — Direct/Cross
78 linesLOAY ASSAF, duly sworn
COURT CLERK: Have a seat.
LOAY ASSAF: Thank you.
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.
LOAY ASSAF: My name is Loay Assaf. Last name is A-S-S-A-F, as in "Frank."
THE COURT: Go ahead, sir.
DIRECT EXAMINATION BY MR. FICK:
LOAY ASSAF: Good morning.
LOAY ASSAF: I work at the Muslim American Society and MAS Boston Society.
LOAY ASSAF: It's nonprofit organizations. One of them is the one that's running the cultural center in Roxbury.
LOAY ASSAF: I'm the director of operations.
LOAY ASSAF: 2007, I think.
LOAY ASSAF: So I have a degree in electrical engineering, and I work in management. That's --
LOAY ASSAF: From the University of Georgia.
MR. FICK: Okay. And what was your prior work background prior to coming to these nonprofits that you just mentioned?
LOAY ASSAF: So I used to be a program manager at Microsoft.
LOAY ASSAF: Microsoft, yes.
LOAY ASSAF: Since 1999.
LOAY ASSAF: I have a family, yes. Wife and wonderful kids, four of them.
MR. FICK: Thank you.
Have you worked over the years as a visiting imam at mosques in the Boston area?
LOAY ASSAF: Yeah.
LOAY ASSAF: So it all kind of started in -- maybe around 2002 when I had my first daughter. I was giving speeches and different lectures, and because of lack of imams and the people who can give sermon, I start receiving invitations to give these sermons in different mosques. You know, Muslims pray this Friday -- pray at, like, a congregational mass every Friday. So many mosques don't have imams, so they need somebody to speak. So I start receiving these invitations. So since then I've pretty much spoke every Friday. I would go to a different mosque or center to give these speeches and sermons.
MR. FICK: And among those mosques, have you been a regular speaker at the Islamic Society of Boston in Cambridge?
LOAY ASSAF: Yes, every third Friday of the month I usually go there.
LOAY ASSAF: So different things, depending on the community needs. But my main kind of idea is trying to integrate the Muslim community, the American society -- we're part of it; we should participate in it -- and the prosperity of the whole society; and also trying to fill the spiritual gap that they might have.
MR. FICK: Okay. Do you recall an incident at the Cambridge mosque in 2012 when you were preaching involving a person you later learned was named Tamerlan Tsarnaev?
LOAY ASSAF: Yes.
LOAY ASSAF: Sure. So during that period of time, there was an event in the Muslim calendar called the Ashura, which is -- kind of commemorate the time when Prophet Muhammad, peace be upon him, migrated from Mecca to Medina, and he interacted with the Jewish community there and learned that they're celebrating a particular celebration.
So he asked them about this celebration and said this is the time when Prophet Moses, peace be upon him, and the Israelites were rescued from Pharaoh. That's why we're celebrating it. So the Prophet, peace be upon him, he ordered the believers then to celebrate and join the society by fasting.
So I wanted to take advantage of this incident, especially that this is kind of the right time frame for it, everybody's celebrating the Ashura, they -- to take a lesson so people can learn about, you know, how the Prophet did it, integrate in this society, especially that many of those who attend the prayers there and the ISB, the Islamic Society of Boston, are mostly immigrants. So that was my message to them.
So during this sermon, I mentioned, you know, the idea of, you know, we're here, many of us come, so nothing wrong for us to be part of this society and, you know, celebrate Thanksgiving is coming and -- because it was also around that time. And Fourth of July, there are so many events that we should, you know, celebrate.
At that moment, the older brother -- I didn't know his name at that time; I didn't recognize him -- stood up, and he was shouting at me and so angry and fired up that "This is not Islamic. This is wrong. You should not say that," and he would just keep repeating this. I kept quiet, silent, give him the room to say whatever he want. I felt that awkward, honestly, because usually people don't do this in such ceremonies.
Later on he -- within a couple of minutes or so he left the room and I continued the sermon. After we're done with the service, he came back. And many people came kind of to support me, and they say, you know, "This is wrong," and they're trying, kind of, to calm me down. I was not so angry to begin with. But he came, and people surrounded us.
I was hoping to kind of understand his point of view, where he's coming from, so I had a dialogue with him explaining to him my kind of basis, my -- the principles from which I'm bringing my thoughts and asking him, you know, "Show me why you're saying this is wrong, what -- on what basis?" And he kept repeating the same thing, "This is wrong. This is not Islamic. You should not say that," without giving me any proof or any reference to, you know, events in the holy Qur'an or a saying of the Prophet or any reference material that can be used.
Then I think there were so many people around us, and I cannot remember exactly how he left, but he left, and I then left after that.
LOAY ASSAF: Oh, yes. The -- so in the tradition, the Friday prayer sermon is like once a week. It starts by a sermon and then followed by a prayer service. During the sermon, people are not allowed to be distracted. Distraction means voiding the whole prayer service.
And there is different saying of the Prophet, peace be upon him, describing what distraction means. So in one of these sayings he said if you turn to the person next to you and say "hush," that's a distraction, and your prayer is voided. Another saying he was describing that -- at the time they were sitting on pillows because there were no carpets, and if you touch and play with these pillows, that's a distraction and you will void your prayer.
So imagine a person standing and shouting and putting a whole act like this. That was my main concern, that he was voiding his prayer. And people don't usually do this. I haven't seen that happening before that time. That was my first experience.
MR. FICK: So in other words, across all of the times you've given sermons, this was the first time anybody interrupted like that?
LOAY ASSAF: Yes.
LOAY ASSAF: That's correct. Yeah.
LOAY ASSAF: Sure. So again, January, third Friday, I come again. At that time, it was the kind of the time we're celebrating Martin Luther King Day. It was like within the week or so. So I take advantage of this opportunity, try to highlight that Martin Luther King is a great man, done a lot for his community. He had the cause, and he fought for this just cause, and we can see the fruits of his efforts.
So, again, as a Muslim community, we -- many of us think and feel that a lot of our rights are not served. Again, there are so many analogies there. So I want to kind of entice people to be part of this society and speak up for their civic rights and be part of the whole civic engagement movement.
So I was kind of approaching this from an angle that it's not just Martin Luther King who's done that; it's many, and pretty much all of the great people, including the prophets in the past. And great people always had a mission to serve the society. They cared less about themselves personally. They were not selfish. They faced some opposition, and they overcame that opposition by being persistent on the true path.
So I was mentioning different names, including Prophet Muhammad, peace be upon him, as a role model for the Muslims, and I also mentioned Martin Luther King. And when I mentioned that, again, the older brother stood up, and he was fired up, very hot. And you can see his face like tomato red. And he was shouting that, "This is wrong. I remember you from last time," and even his stance was fighting stance.
I later on, actually after the bombing incident, learned that he was a boxer because he was doing something like this (indicating). "I know you from last time. I remember you," and he kept saying this -- "This is not Islamic. This is not right, and you are hypocrite," kind of insulting me with this.
And the people at the time was -- were shouting at him, asking him to shut up and to sit down. That incident took longer than the first one in terms of time. Then he left the room.
LOAY ASSAF: Face-to-face, no. Just on the TV when the -- after the incidents.
MR. FICK: And you mentioned -- I think you called him the older brother. Had you ever seen, in person, Dzhokhar Tsarnaev before this day today?
LOAY ASSAF: No.
MR. FICK: So you learned -- in other words, you only learned that they were the older and younger brothers after the bombing events?
LOAY ASSAF: Yes.
LOAY ASSAF: Thank you.
THE COURT: Mr. Chakravarty?
MR. CHAKRAVARTY: Thank you, your Honor. Just a couple of questions.
CROSS-EXAMINATION BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: When you talked to the older brother, Tamerlan Tsarnaev, after the incident, did he persuade you about anything?
LOAY ASSAF: No. He didn't have much to say. He was just repeating the same thing, the objection. My point of the conversation was to understand his point of view, from which basis he's coming. He didn't add anything. I felt that he's kind of empty. He has basic understanding. He's more emotional rather than rational in the conversation. I could not understand where he's coming from.
MR. CHAKRAVARTY: When he left, he left alone. Nobody went with him, right?
LOAY ASSAF: I cannot remember exactly, but there were so many people, so I think when he left he was with a group of people trying to kind of isolate him from me and from the masjid.
MR. CHAKRAVARTY: And he left?
LOAY ASSAF: He left the room. I was still in the room, and he left the room, yes.
MR. CHAKRAVARTY: Thank you.
THE COURT: Anything else?
THE COURT: All right. Thank you, Mr. Assaf. You may step down.
LOAY ASSAF: Thank you.
(The witness is excused.)
MR. FICK: And defense will next call Mr. Abderrazak Razak, and I'd ask the interpreter to step forward as well.
DOSS BASHIER, interpreter, duly sworn
COURT CLERK: Please state your name.
LOAY ASSAF: Doss Bashier, Arabic interpreter.
COURT CLERK: Sir, would you please raise your right hand.