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2015 Federal TrialtranscripttranscriptRobert Barnes — Direct/Cross - Day 53 - 2015 Federal TrialRobert Barnes contrasted the brothers’ demeanors and recalled Tamerlan’s December 2012 argument with Albrecht. Cross-examination explored Barnes’s limited knowledge of their relationship and Dzhokhar’s wrestling experience.
William D. WeinrebWilliam W. FickTimothy G. WatkinsGeorge A. O'Toole Jr.Robert BarnesCourt ClerkRobert BarnesMR. WATKINSMR. WEINREBTHE COURTMR. FICKdirectcross
2015 Federal Trial/Day 53/April 27, 2015
12 pages·8 witnesses·2,401 lines
The defense sought life imprisonment in its opening and presented testimony about Tamerlan's behavior, family relationships, and digital records. Cross-examination explored witnesses' limited knowledge of Dzhokhar and the brothers' relationship.
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DirectDirectDirect Examination - Robert Barnes Robert Barnes Timothy G. Watkins

ROBERT BARNES, duly 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.

ROBERT BARNES: My name is Robert Barnes, last name B-A-R-N-E-S.

DIRECT EXAMINATION BY MR. WATKINS:

MR. WATKINS: Mr. Barnes, where were you born?

ROBERT BARNES: I was born in Boston.

MR. WATKINS: And where have you lived during your life?

ROBERT BARNES: Cambridge. Cambridge, Mass.

MR. WATKINS: Do you still live in Cambridge?

ROBERT BARNES: I do, yeah.

MR. WATKINS: Were you raised in Cambridge?

MR. WATKINS: Go to elementary school in Cambridge?

ROBERT BARNES: I did, yeah.

MR. WATKINS: And where did you go?

ROBERT BARNES: I went to King Open elementary.

MR. WATKINS: After King Open elementary, where did you go to school?

ROBERT BARNES: I went to Cambridge Rindge and Latin High School.

MR. WATKINS: And did you get your diploma from Cambridge Rindge and Latin?

ROBERT BARNES: I did, yeah.

MR. WATKINS: And after that, did you go to college?

MR. WATKINS: Where did you go to college?

ROBERT BARNES: I went to Boston College.

MR. WATKINS: And are you still at Boston College?

MR. WATKINS: Did you finish your degree at Boston College?

MR. WATKINS: What have you been studying? What is your major at Boston College?

MR. WATKINS: Are you currently employed?

MR. WATKINS: And how are you employed?

ROBERT BARNES: I'm self-employed.

MR. WATKINS: Mr. Barnes, I want to go back to your time at Cambridge Rindge and Latin. How large a school is Cambridge Rindge and Latin?

ROBERT BARNES: It's about 1500 students. At least that's how much it was when I was there.

MR. WATKINS: And when did you graduate from Cambridge Rindge and Latin?

MR. WATKINS: Do you see Jahar Tsarnaev in the courtroom today?

MR. WATKINS: And he's sitting at counsel table?

MR. WATKINS: Were you in the same grade as Jahar or a different grade?

ROBERT BARNES: A grade above.

MR. WATKINS: And did you know Jahar Tsarnaev while you were at Cambridge Rindge and Latin?

MR. WATKINS: And would you describe him as a friend or a close friend, an acquaintance?

ROBERT BARNES: An acquaintance.

MR. WATKINS: But you knew him?

MR. WATKINS: And how did you know him?

ROBERT BARNES: I played soccer with Jahar.

MR. WATKINS: And were you on the soccer team all four years?

MR. WATKINS: And at some point were you captain of the soccer team?

ROBERT BARNES: Yeah, I was soccer of the junior varsity team.

MR. WATKINS: And was it that year that you met Jahar?

MR. WATKINS: Did you also do other after-school sports, or was soccer it?

ROBERT BARNES: Yeah, I ran track, winter, and spring, cross-country during my senior year.

MR. WATKINS: Did you know Jahar to also do after-school sports?

MR. WATKINS: And what sport was he involved with other than soccer?

ROBERT BARNES: Wrestling.

MR. WATKINS: And did you understand whether he was a good wrestler, mediocre wrestler? What -- do you know?

ROBERT BARNES: Yeah, I knew that he was a good wrestler.

MR. WATKINS: Now, you said you were acquainted with Jahar. Did you have friends that knew Jahar?

MR. WATKINS: And was there a particular friend?

MR. WATKINS: And that would be Louie Freddura?

MR. WATKINS: Now, you knew Louie Freddura for some time growing up, right?

ROBERT BARNES: Yeah, I grew up with Louie.

MR. WATKINS: And you understood that Louie knew Jahar?

MR. WATKINS: And when you talk about "acquaintance," you moved in the same circle of friends?

MR. WEINREB: Your Honor, I'm going to object at this point. These are all leading questions.

THE COURT: They are leading.

BY MR. WATKINS:

MR. WATKINS: Okay. So you knew Jahar in that fashion?

MR. WATKINS: Did you know other friends of Jahar?

ROBERT BARNES: Yeah, I knew.

MR. WATKINS: What other friends of Jahar's did you know?

ROBERT BARNES: Steven, Stephen.

MR. WATKINS: When you say Steven and Stephen, do you know their last names?

ROBERT BARNES: Yeah, Silva.

MR. WATKINS: And are they identical twins?

MR. WATKINS: Did you know -- spend a lot of time with the Freddura family?

ROBERT BARNES: Yes, I did. I -- they're close family friends, yeah.

MR. WATKINS: Did you also at some point meet Tamerlan Tsarnaev?

MR. WATKINS: And how did you meet Tamerlan Tsarnaev?

ROBERT BARNES: I probably met Tamerlan at the Freddura household.

MR. WATKINS: Was he friends with one of the Fredduras?

ROBERT BARNES: Yeah, he was friends with Louie's older brother, Sebastian.

MR. WATKINS: And so how -- how did it come that you would meet Tamerlan Tsarnaev at the Fredduras'?

ROBERT BARNES: I spent a lot of time there growing up and during high school. I think -- I know that Tamerlan lived in that neighborhood and spent time there too.

MR. WATKINS: Did Tamerlan spend a lot of time?

ROBERT BARNES: Yeah, he was with us fairly often.

MR. WATKINS: And how many brothers are there in the Freddura family?

ROBERT BARNES: There are seven of them.

MR. WATKINS: And they're relatively close in age?

ROBERT BARNES: Yeah. I mean, they're all spread out.

MR. WATKINS: How old was the friend of Tamerlan Tsarnaev -- what was his name?

MR. WATKINS: And how many years older than you was he?

ROBERT BARNES: He's a couple of years older than I am.

MR. WATKINS: At the -- having seen Tamerlan Tsarnaev at the Freddura household, was that in the context sometimes of parties?

MR. WATKINS: Would you observe Tamerlan Tsarnaev getting high, marijuana?

ROBERT BARNES: I can't recall a specific time, but -- yeah, I would imagine that he did that sometimes.

MR. WEINREB: Objection, your Honor. He's speculating.

THE COURT: It may stand.

MR. WATKINS: I'm sorry?

THE COURT: Overruled.

BY MR. WATKINS:

MR. WATKINS: Were there particular times or always high?

ROBERT BARNES: I can't say "always high," but, you know, probably often.

MR. WATKINS: Now, did you know that Tamerlan Tsarnaev -- well, first, what years did you -- were you over at the Freddura household that Tamerlan would have been there at the same time?

ROBERT BARNES: Probably while I was in high school.

MR. WATKINS: Would that have been your junior or senior year?

MR. WATKINS: So you graduated in 2010, so --

ROBERT BARNES: 2010, yeah.

MR. WATKINS: So the time period, as best you can put it, what were the years that you saw Tamerlan Tsarnaev through the Fredduras?

MR. WATKINS: Can you describe Tamerlan Tsarnaev physically, his physical stature?

ROBERT BARNES: Yeah, he's a big guy, pretty large in stature.

MR. WATKINS: Did you understand him to be a boxer?

ROBERT BARNES: Yeah, I knew that he was a boxer.

MR. WATKINS: And what did you know about his boxing prowess?

ROBERT BARNES: I knew that he was a pretty successful boxer.

MR. WATKINS: What about his demeanor at the Fredduras'? Was he a shy guy?

ROBERT BARNES: No, he was pretty outgoing, I would say, pretty personable, joked often. That's the kind of guy he was, I guess.

MR. WATKINS: And was he -- was there any arrogance to him?

ROBERT BARNES: I guess so.

MR. WATKINS: Were there times where Tamerlan Tsarnaev was a bit of a show-off?

MR. WEINREB: Objection, your Honor.

THE COURT: Yeah. More direct form of questioning, please.

BY MR. WATKINS:

MR. WATKINS: Were there times where he exhibited his physical prowess?

MR. WATKINS: Tell us about that.

ROBERT BARNES: I can remember one time in particular when he held, like, a pretty heavy chair out in front of him, probably something that I wouldn't have been able to do, and he held it out in front of his body, I guess to demonstrate the kind of strength he had.

MR. WATKINS: And what was the context of that? Was that during a conversation you had with him?

ROBERT BARNES: Yeah. I mean, we were talking about, like, weightlifting and stuff, and I think he was explaining that he didn't really weight-lift and he did other sorts of exercises.

MR. WATKINS: Did you have other conversations with Tamerlan at the Fredduras' or other -- at the Fredduras'?

ROBERT BARNES: I'm sorry? Say that -- can you say that again?

MR. WATKINS: Did you talk with Tamerlan about politics, religion, any --

ROBERT BARNES: No, not really.

MR. WATKINS: Now, Jahar Tsarnaev, how does he, his physical stature, compare to Tamerlan?

ROBERT BARNES: Not as big.

MR. WATKINS: And what about Jahar Tsarnaev's demeanor when you've been around him and seen him? Is he an outgoing kind of guy?

ROBERT BARNES: Less outgoing, more reserved.

MR. WATKINS: But was he an angry guy?

MR. WATKINS: Was he a person who bullied others?

MR. WATKINS: You talked about Tamerlan's physical stature. Was there times where he might have unintentionally hurt you?

MR. WEINREB: Objection, your Honor.

THE COURT: No, you may answer that.

ROBERT BARNES: Yeah, there was one time in particular that I remember I ran into him at Angelo's Pizzeria in Cambridge, and he -- he greeted me by sort of giving me some friendly punches to the chest, and I just got taken aback because he hit me, I guess, harder than he -- I don't know if he intended to hit me that hard, but I was taken aback by it.

BY MR. WATKINS:

MR. WATKINS: Were you hurt?

ROBERT BARNES: Yeah, it hurt a little bit.

MR. WATKINS: Now, when you went off to Boston College, did you live on campus, or did you --

ROBERT BARNES: Yeah, I did.

MR. WATKINS: -- just continue to live in Cambridge?

During the time you went to Boston College, were you at the Fredduras' quite as much as you --

ROBERT BARNES: Not as much.

MR. WATKINS: And at some point did you see Tamerlan Tsarnaev particularly less often?

ROBERT BARNES: Yeah. I mean, I didn't spend as much time in Cambridge while I was at school, so I wouldn't have seen, you know, Cambridge people in general as often.

MR. WATKINS: Did you learn that Tamerlan Tsarnaev had gotten married?

ROBERT BARNES: Yeah, I had heard that.

MR. WATKINS: And also did you learn that he had gone to Russia?

ROBERT BARNES: Yeah, I had heard that as well.

MR. WATKINS: So while you were in Boston College, would you see Tamerlan Tsarnaev just on the -- other places other than the Fredduras'?

ROBERT BARNES: Yeah, I mean, I probably ran into him a few times just around Cambridge, would run into him.

MR. WATKINS: And that would be occasions where you would say "hello" and --

ROBERT BARNES: Yeah, just, you know, greet each other.

MR. WATKINS: I want to turn now to December of 2012. What year were you in school?

ROBERT BARNES: I was a junior in college.

MR. WATKINS: And was there a particular time in December 2012 where you saw Tamerlan Tsarnaev?

ROBERT BARNES: Yeah, I saw him in December 2012 at Angelo's.

MR. WATKINS: Your Honor, I would like to show the jury a chalk, a picture. I don't think the government -- I don't intend to introduce it, but I don't think the government has any objection. 3223.

MR. WEINREB: No objection, your Honor.

BY MR. WATKINS:

MR. WATKINS: I'm showing you and the jury a picture of Angelo's Pizza. Do you recognize that?

MR. WATKINS: And where in Cambridge is Angelo's Pizza located?

ROBERT BARNES: It's right across the street from the high school.

MR. WATKINS: And Cambridge Rindge and Latin is also close by the library, Cambridge library?

ROBERT BARNES: Oh, yes. They're virtually attached. It's right next door.

MR. WATKINS: So you were starting to tell us in December -- sometime in December 2012, you were in Angelo's, and you saw Tamerlan Tsarnaev?

ROBERT BARNES: Yeah, that's right.

MR. WATKINS: So describe that encounter, what happened.

ROBERT BARNES: I was there when he came in, and I was sitting and eating, and he came in and ordered some pizza or something. He -- I greeted him, and he sat down with me, and we had a conversation.

MR. WATKINS: And tell us about that conversation. How did it begin?

ROBERT BARNES: You know, just sort of regular, you know, "Hey, what's up? And how are you doing?" I asked, you know, how Jahar was doing. And, you know, he told me a little bit about Jahar. And I asked him about whether he hung out with Sebastian and those -- that group of friends, and he said he hadn't been recently.

MR. WATKINS: And did he say why he hadn't been?

ROBERT BARNES: Yeah, he said something along the lines of they need to drink or smoke to socialize, and "I don't really do that stuff" or "I can't do that stuff anymore."

MR. WATKINS: Do you remember whether it was "I don't do that stuff" or "I can't do that stuff"?

MR. WATKINS: Describe physically what he was wearing. Was anything notable about that?

ROBERT BARNES: Yeah. He was wearing -- he was wearing some longer garments, I don't know what to call it. I guess a robe. And he was wearing a beard at that point.

MR. WATKINS: Had you ever seen him in a beard before?

ROBERT BARNES: I don't think so.

MR. WATKINS: And generally, was his appearance different from when you had seen him at the Fredduras'?

MR. WATKINS: What did you go on to talk about while the two of you were eating pizza at Angelo's?

ROBERT BARNES: He talked a bit about, you know, his religion and -- sort of unprompted by me, I guess, and he definitely got into stuff about, you know, foreign policy stuff, American foreign policy stuff, and he had some criticisms of the things, you know, the United States government does abroad. And, yeah, that was sort of the basis of the conversation.

MR. WATKINS: You say unprompted by you. Did Tamerlan just start talking about those things?

ROBERT BARNES: Yeah. I mean, he was definitely doing most of the talking, and I was sort of doing a lot of listening.

MR. WATKINS: And describe his demeanor while he's talking.

ROBERT BARNES: He definitely was very passionate about what he was talking about and -- yeah, he spoke very emphatically.

MR. WATKINS: Did you -- was the conversation about Chechnya or Islam or other things?

MR. WEINREB: Objection, your Honor.

THE COURT: Yes, sustained to the form of the question.

BY MR. WATKINS:

MR. WATKINS: If you can talk more specifically about what the conversations were about, what you remember.

ROBERT BARNES: No, I don't remember him talking about Chechnya. I remember him just -- he was certainly relating things that the United States has brought to religion and -- yeah, I don't exactly remember what he was critical of. I just remember him being critical.

MR. WATKINS: Did he talk about the concept of respect and --

MR. WEINREB: Objection, your Honor.

THE COURT: Sustained.

BY MR. WATKINS:

MR. WATKINS: At some point did another -- a person come in to Angelo's Pizza?

MR. WATKINS: And tell us -- was that also a person you knew?

ROBERT BARNES: Yeah. His name's Albrecht (ph) or Albritch (ph).

MR. WATKINS: And do you know his last name or really any other information?

ROBERT BARNES: I -- based on Facebook, I think his last name is Kerlow (ph) or something. I don't know what his last name is.

MR. WATKINS: And how did you know him?

ROBERT BARNES: I knew him from Rindge and Latin. We were in Model UN together. I knew him as a German exchange student or German student studying in Cambridge.

MR. WATKINS: And would you describe him as an acquaintance or a friend?

ROBERT BARNES: Yeah, an acquaintance.

MR. WATKINS: So when Albrecht came in, what happened?

ROBERT BARNES: He came in. He greeted me. He didn't greet Tamerlan, and I guess Tamerlan took offense to that.

MR. WATKINS: When you say you guess Tamerlan took offense to that, explain.

ROBERT BARNES: He said something along the lines of like what Albrecht did, you know, in greeting me and not greeting him or -- you know, if a person does that, it's disrespectful or not honorable, something along those lines.

MR. WATKINS: Now, did you and Tamerlan continue to talk about various subjects?

MR. WATKINS: And was Albrecht also eating?

ROBERT BARNES: Yeah. Albrecht, you know, he ordered and -- he wasn't eating with us, but he sat down behind us -- behind me.

MR. WATKINS: Did Albrecht join the conversation at some point?

ROBERT BARNES: Yeah. Albrecht, I guess, overheard the conversation and stood up and challenged what Tamerlan was saying.

MR. WATKINS: Challenged him about what Tamerlan was saying about what?

ROBERT BARNES: He challenged the things that Tamerlan was saying about, you know, the things that America does abroad and I guess the virtue of his religion. He said something along the lines of that women aren't treated with respect in his religion.

MR. WATKINS: Who said that?

ROBERT BARNES: Albrecht said that.

MR. WATKINS: Did the conversation become more heated?

MR. WATKINS: And explain -- describe what you saw.

ROBERT BARNES: That it was clear that that upset Tamerlan. He got up and sort of left me where I was sitting, and they started having a conversation, and he got up and sort of in his -- in Albrecht's face, and they were arguing pretty close together.

MR. WATKINS: Was there a time where Tamerlan actually physically touched Albrecht?

ROBERT BARNES: Yeah, he was poking him in the chest, and Albrecht appeared to be a little scared, to me. He asked him not to do that. He asked him not to poke him. I remember that.

MR. WATKINS: Can you show the jury what you saw of Tamerlan?

ROBERT BARNES: Just poking him in the chest while he was talking to him.

MR. WATKINS: And how does Albrecht's stature compare to Tamerlan?

ROBERT BARNES: He was a small guy, probably shorter than I am and definitely not as big.

MR. WATKINS: So they continued to engage in a discussion?

MR. WATKINS: And what happened after that?

ROBERT BARNES: You know, they argued for a bit, and they went outside and continued to argue. I followed them outside and was just sort of spectating. I thought it was kind of bizarre and interesting. And basically, the argument calmed down a bit, and they went their separate ways.

MR. WATKINS: How long outside of Angelo's did they continue to talk?

ROBERT BARNES: I don't know, five or ten minutes.

MR. WATKINS: After Albrecht left, did you talk to Tamerlan some more?

ROBERT BARNES: Yeah, I talked to him for a bit.

MR. WATKINS: And what was the conversation there?

ROBERT BARNES: Still a lot of the same stuff, you know, foreign policy -- American foreign policy-type stuff. And he -- I kind of let him know that I had my own criticisms of American foreign policy and that I couldn't really agree with everything that he was saying.

MR. WATKINS: Other than telling him that you couldn't agree with everything he said at the end there, did you engage in much back-and-forth with him?

ROBERT BARNES: Yeah. I mean, a little more back-and-forth than earlier on.

MR. WATKINS: When you were inside, was it a one-sided conversation between the two of you?

ROBERT BARNES: Yeah, it was more one-sided.

MR. WATKINS: All right. Once you spoke for a little while outside of Angelo's Pizza, did the two of you go your separate ways?

ROBERT BARNES: Yeah, we went separate ways.

MR. WATKINS: Are you here voluntarily today?

MR. WATKINS: Did you receive a subpoena from our office?

MR. WATKINS: If you had not received a subpoena, would you elect not to testify?

MR. WATKINS: That's all I have.

CrossCrossCross-Examination - Robert Barnes Robert Barnes William D. Weinreb

CROSS-EXAMINATION BY MR. WEINREB:

MR. WEINREB: Good afternoon, Mr. Barnes.

ROBERT BARNES: Good afternoon.

MR. WEINREB: My name's Bill Weinreb. I'm one of the prosecutors in the case.

So you were friends with Louie Freddura?

MR. WEINREB: And Tamerlan was friends with Sebastian Freddura?

MR. WEINREB: So Tamerlan was about, what, six years older than you?

ROBERT BARNES: I don't know how old he was.

MR. WEINREB: But he was considerably older than you?

MR. WEINREB: You hadn't overlapped with him in school at all?

MR. WEINREB: So it wasn't that -- you weren't really a friend of his, were you?

MR. WEINREB: In fact, when you were first -- you talked to -- when law enforcement interviewed you earlier, you said that when he saw you in Angelo's that day, you weren't even sure he knew what your name was. Is that right?

ROBERT BARNES: Yeah, that's right.

MR. WEINREB: So you really can't tell us a lot about Tamerlan, can you?

ROBERT BARNES: I can tell you what I've told you.

MR. WEINREB: Okay. But you didn't know him personally. You weren't intimate with him in any way? You weren't intimate friends?

ROBERT BARNES: We weren't intimate friends, no.

MR. WEINREB: You also didn't really know Dzhokhar Tsarnaev very well. Is that correct?

ROBERT BARNES: I knew him.

MR. WEINREB: You were acquainted with him. That's what you said?

MR. WEINREB: But you weren't like a regular friend of his?

ROBERT BARNES: No, we didn't hang out or anything.

MR. WEINREB: And you certainly can't tell us anything about Tamerlan Tsarnaev's relationship with Dzhokhar Tsarnaev?

ROBERT BARNES: I don't know what their relationship was like.

MR. WEINREB: So in December of 2012, Tamerlan had a slice of pizza with you?

MR. WEINREB: And he had some things to say about United States foreign policy?

MR. WEINREB: And you said initially he did all the talking and you did a lot of listening?

ROBERT BARNES: Yeah, that's right.

MR. WEINREB: But you didn't find what he said particularly compelling, did you?

ROBERT BARNES: No, I didn't.

MR. WEINREB: In fact, you told him you didn't agree with him?

ROBERT BARNES: I did, yeah.

MR. WEINREB: And he didn't get violent or try to intimidate you, did he?

MR. WEINREB: He seemed to take it well? He wasn't offended?

ROBERT BARNES: No, he wasn't offended.

MR. WEINREB: Then this other friend of yours, Albrecht, came in to the restaurant?

MR. WEINREB: And sat down behind you?

ROBERT BARNES: Yeah. He told me -- I told him that I didn't agree with him after their exchange.

MR. WEINREB: Gotcha. Okay. So getting back to Albrecht, he came into the restaurant?

MR. WEINREB: And he sat down behind you?

MR. WEINREB: And he actually criticized the Muslim religion?

ROBERT BARNES: Yeah, he did.

MR. WEINREB: And he was a lot younger than Tamerlan, correct?

MR. WEINREB: He was younger even than Dzhokhar Tsarnaev?

ROBERT BARNES: Yeah, I think.

MR. WEINREB: He was physically small?

ROBERT BARNES: Yeah. I mean, he's smaller than I am.

MR. WEINREB: But he wasn't scared to contradict Tamerlan?

MR. WATKINS: Objection.

THE COURT: Sustained to the form of the question.

BY MR. WEINREB:

MR. WEINREB: He contradicted him despite his smaller stature and his younger age?

MR. WEINREB: When Tamerlan responded, indicating that he didn't like what Albrecht had said, Albrecht just kept arguing with him, correct?

MR. WEINREB: You testified that Dzhokhar Tsarnaev was a lot quieter than Tamerlan Tsarnaev?

MR. WEINREB: So unlike Tamerlan Tsarnaev, Dzhokhar Tsarnaev kept his opinions to himself?

ROBERT BARNES: As far as I know, yeah.

MR. WEINREB: But he was also a fighter, wasn't he?

MR. WEINREB: He wasn't afraid to wrestle opponents much bigger than him, for example?

MR. WEINREB: In fact, he was a leader. He was the captain of the wrestling team?

MR. WEINREB: He wasn't someone that, as far as you know, who was easily pushed around?

MR. WATKINS: Objection, your Honor.

THE COURT: Overruled.

ROBERT BARNES: No, I knew him to be a pretty good wrestler.

MR. WEINREB: No further questions.

MR. WATKINS: Nothing, your Honor.

Thank you.

THE COURT: Mr. Barnes, thank you. You may step down.

(The witness is excused.)

MR. FICK: The defense will re-call Gerry Grant.

Continue to next page9.Gerald R. Grant, Jr. — Direct/Cross (Recall)