Skip to content
2015 Federal Trialtrial-daytrial-daySteven D. MellinWilliam D. WeinrebMiriam ConradWilliam W. FickTimothy G. WatkinsKendrick BallJohn CurranBrandon DouglasRogerio FrancaSam LipsonSonya PetriMark Spencerdirectcrosssidebarjury_instructionsDay 54 - April 28, 2015Defense witnesses described Tamerlan Tsarnaev's social contacts and boxing conduct, while Mark Spencer reviewed computer evidence. The court limited FBI interview-report readings and cautioned jurors about their use without sworn testimony or cross-examination. Sam Lipson began testimony about the family's home and his encounters with its members.
← Day 532015 Federal TrialDay 55 →

Day 54 - April 28, 2015

Defense Computer Evidence, Boxing Testimony, and FBI Interview Reports

Judge George A. O'Toole Jr.
26Proceedings
11Pages
7Witnesses
2,496Lines
5Sidebars
Day 54 of 67
Appearing:

Defense witnesses described Tamerlan Tsarnaev's social contacts and boxing conduct, while Mark Spencer reviewed computer evidence. The court limited FBI interview-report readings and cautioned jurors about their use without sworn testimony or cross-examination. Sam Lipson began testimony about the family's home and his encounters with its members.

Full day summary

Rogerio Franca described Tamerlan Tsarnaev's visits to his home, marijuana use despite his objections, and an occasion when Tamerlan and others appeared to weigh and divide drugs in his bedroom. Franca said Dzhokhar, whom witnesses also called Jahar, twice knocked looking for Tamerlan but never entered. He qualified his recollection of dates and recalled a later encounter in which Tamerlan asked whether he had become Muslim. Computer examiner Mark Spencer reviewed search histories, browsing records, Skype exchanges, and encrypted Samsung files. MacBook searches concerned rewards for wives of a shahid or mujahidin. Spencer said the government supplied the password for three encrypted volumes and that it also appeared in clear text elsewhere on the Samsung. The court admitted Exhibit 3306. Spencer distinguished video links from transmitted images and qualified the accuracy of a recreated desktop. Several recordings were played, but their contents are not transcribed. Boxing witnesses John Curran, Kendrick Ball, and Brandon Douglas described Tamerlan's training and conduct. Curran recalled resistance to coaching and a foreign-athlete restriction that prevented advancement to nationals in 2010. Ball described sparring without protective equipment and continuing after spitting blood. Douglas described initially helpful conduct followed by disruption and unauthorized equipment use. He identified the brothers in an April 12, 2013 gym video but had not witnessed that visit. Cross-examination established Curran's limited childhood contact with Jahar and that Ball and Douglas had never met him. The court excluded a proposed gym email as cumulative. The court reviewed proposed FBI interview-report readings, excluding disputed opinion and double-hearsay passages while leaving a broader mitigation-evidence dispute for separate consideration. Defense paralegal Sonya Petri read selected accounts from Magomed Dolakov and Viskhan Vakhabov concerning Tamerlan's religious views and reported support for violent jihad. Dolakov's account expressly limited his contact with Dzhokhar; an additional paragraph read at the government's request reported Dzhokhar's wish to visit Russia and dissatisfaction with America. These were report readings, not Petri's observations. Judge O'Toole cautioned that the reports were summaries whose substance agents did not independently verify, and that the interviewees were not sworn or cross-examined. Dolakov could not be brought to court; Vakhabov had indicated he would invoke the Fifth Amendment. Sam Lipson then described the Tsarnaev family's home and changes he perceived in family members, while qualifying his limited contact and memory. His direct examination remained unfinished when court recessed.

4. Mark Spencer — Direct (Recall, Part 2)

Mark Spencer resumed his defense testimony about a recreated Samsung desktop. Fick displayed folder images and played an audio excerpt before Spencer was excused without prosecution questions.

→
Direct
Mark Spencer - Direct Examination Resumed Mark Spencer William W. Fick
19 lines

Spencer distinguished desktop images from browser-cache storage; Fick displayed images and played an audio excerpt from Exhibit 3306.

sidebar
Witness Availability and Report-Reading Arrangements
17 lines

Counsel discussed witness availability, possible remaining differences over report readings, and a request to hear five Russian witnesses before their Friday departure.

8. FBI 302 Redaction Hearing and Related Mitigation-Evidence Disputes

The court ordered redactions to proposed FBI 302 readings, reserved a broader mitigation-evidence dispute, and said an unavailable-witness caution would accompany the readings despite the defense’s timing objection.

→
Procedural
FBI 302 Redaction Hearing and Related Mitigation-Evidence Disputes
179 lines

The court set FBI 302 redactions and required an immediate jury caution, while leaving the broader dispute over Russian information and radicalization evidence unresolved.

sidebar
Reading Redacted Documents Without Jury Display
13 lines

The government opposed admitting and displaying redacted documents to the jury, while the defense sought an on-screen presentation during reading.

Procedural
Jury Return and Preparation for Sonya Petri's Reading
8 lines

Highlights

9. Sonya Petri — Direct/Cross/Direct

Sonya Petri read FBI interview summaries describing Dolakov’s and Vakhabov’s accounts of the Tsarnaev brothers. The court clarified her role as reader, and Weinreb requested an additional passage about Dzhokhar’s stated interest in visiting Russia.

→
Direct
Sonya Petri - Direct Examination and Dolakov FBI 302 Readings Sonya Petri Miriam Conrad
203 lines

Petri read Dolakov's FBI interview accounts of Tamerlan's views and limited contact with Dzhokhar; the court clarified report handling and redacted readings.

Cross
Sonya Petri - Cross-Examination and Additional Dolakov Reading Sonya Petri William D. Weinreb
8 lines

Petri read Dolakov's account of Dzhokhar discussing school, wanting to visit Russia, and being tired of America.

Direct
Sonya Petri - Continued Direct Examination and Vakhabov FBI 302 Reading Sonya Petri Miriam Conrad
35 lines

Petri read Vakhabov's FBI interview account of Tamerlan's changing religious views, overseas travel, and a later invitation from Dzhokhar.

Highlights

← Day 532015 Federal TrialDay 55 →