7.Brandon Douglas — Direct/Cross
276 lines(SIDEBAR CONFERENCE AS FOLLOWS:
MR. MELLIN: This will be round three of this testimony, so --
THE COURT: He said they went the three rounds. Remind me. I looked at this last night but I forgot.
MR. WATKINS: We're going, as the Court can see, in chronological order. This would bring it up to the time in 2013. This would be another gym owner. It is also -- not gym owner, a gym employee, a trainer, talking about his experiences with Tamerlan Tsarnaev. This is also somebody who saw Tamerlan Tsarnaev four days before the bombing or three days before the bombing. I think it --
THE COURT: What does it prove?
MR. WATKINS: What does it prove?
THE COURT: What is the probative value?
MR. WATKINS: To the extent that it shows Mr. -- it shows Tamerlan Tsarnaev's progression as far as his dress and what he was doing training. What we're going to see is a decline in the boxing through this particular witness. So this is going to complete the trajectory of the boxing evidence.
In addition, there is a video of Tamerlan Tsarnaev and Dzhokhar Tsarnaev and a third person from that three days before the bombing. And I think that is certainly relevant to the relationship between Jahar Tsarnaev and Tamerlan Tsarnaev. This testimony is going to be quite brief along with the -- similar to what we've already experienced.
MR. MELLIN: Your Honor, I believe it's all cumulative evidence.
THE COURT: Well, I think it is going to be brief and we'll -- I'll allow it.
. . . END OF SIDEBAR CONFERENCE.)
COURT CLERK: Sir, want to step up here, please? Step up to the box. Remain standing. Raise your right hand.
BRANDON DOUGLAS, Sworn
COURT CLERK: Have a seat. State your name. Spell your first and last name for the record.
BRANDON DOUGLAS: Brandon Douglas, B-r-a-n-d-o-n, D-o-u-g-l-a-s.
DIRECT EXAMINATION BY MR. WATKINS:
MR. WATKINS: Good afternoon, Mr. Douglas. Where do you currently live?
BRANDON DOUGLAS: Watertown.
MR. WATKINS: Where were you born?
BRANDON DOUGLAS: Dallas, Texas.
MR. WATKINS: Were you raised in Massachusetts?
BRANDON DOUGLAS: Yes.
MR. WATKINS: Did you go to high school here?
BRANDON DOUGLAS: Yes.
MR. WATKINS: Did you also go to college?
BRANDON DOUGLAS: Yes.
MR. WATKINS: Where was that at?
BRANDON DOUGLAS: The University of Massachusetts at Amherst.
MR. WATKINS: Did you receive a degree from there?
BRANDON DOUGLAS: Yes.
MR. WATKINS: What's your degree in?
BRANDON DOUGLAS: Political science.
MR. WATKINS: After college, did you move to the Boston area at some point?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: When was that?
BRANDON DOUGLAS: 2005.
MR. WATKINS: Now, Mr. Douglas, are you involved in sports?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: Are there particular -- is there a particular sport that you are involved with?
BRANDON DOUGLAS: Yeah. I started in wrestling in 1997.
MR. WATKINS: After starting in wrestling, did you progress to other kinds of sports?
BRANDON DOUGLAS: Yes, kickboxing, Brazilian Jiu-Jitsu, Muay Thai, mixed martial arts essentially.
MR. WATKINS: Mixed martial arts?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: You're going to have to move that mic just a little closer to you.
BRANDON DOUGLAS: Okay.
MR. WATKINS: Of those sports that you listed, is there one that you're primarily interested in and practice?
BRANDON DOUGLAS: My background is in wrestling, but Brazilian Jiu-Jitsu is probably a close second.
MR. WATKINS: Have you always worked out at gyms and practiced mixed martial arts?
BRANDON DOUGLAS: Since 2005, yes, I've been involved in mixed martial arts.
MR. WATKINS: Where did you initially go for -- what gyms did you go to when you came to Boston?
BRANDON DOUGLAS: When I came to Boston? I started at Brazilian Martial Arts Center in Somerville and then transitioned over to Wai Kru Mixed Martial Arts in Brighton.
MR. WATKINS: The Wai Kru gym in Brighton, how long have you been going there or involved with that gym?
BRANDON DOUGLAS: I started training there around 2008, started training regularly there in 2008.
MR. WATKINS: Now, besides mixed martial arts, do you have a day job?
BRANDON DOUGLAS: Yes, I do.
MR. WATKINS: What is that?
BRANDON DOUGLAS: I work for athenahealth in Watertown.
MR. WATKINS: When you first came to Boston, did you also have a day job?
BRANDON DOUGLAS: Yes, I did.
MR. WATKINS: What was that?
BRANDON DOUGLAS: I worked for State Street Bank and then Brown, Brothers, Harriman after that.
MR. WATKINS: Despite having jobs, you also spend a number of hours in the gyms?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: When did you first meet Tamerlan Tsarnaev?
BRANDON DOUGLAS: Probably late 2008, early 2009.
MR. WATKINS: Where was that?
BRANDON DOUGLAS: At Wai Kru.
MR. WATKINS: What did you think of Tamerlan Tsarnaev versus his athletic skills?
BRANDON DOUGLAS: Tamerlan as an individual or as an athlete?
MR. WATKINS: As an athlete.
BRANDON DOUGLAS: As an athlete, he was -- we didn't have a lot of boxing specialists that were on his level. He was incredibly fast, hit very hard, was in good shape cardio-wise. He was a very dangerous competitor.
MR. WATKINS: Is Wai Kru known for its boxers?
BRANDON DOUGLAS: No, sir.
MR. WATKINS: Why would a boxer go to Wai Kru to do training?
MR. MELLIN: Objection.
THE COURT: Overruled. You may answer it.
MR. WATKINS: You may answer.
BRANDON DOUGLAS: I may answer? A variety of reasons. Proximity to Cambridge is a potential answer, the flexibility of hours additionally. You know, I think that being in an environment where he was the best boxer probably suited him.
MR. WATKINS: Would you work out with him sometimes?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: When you would work out with him, what would that entail?
BRANDON DOUGLAS: Well, we'd do the basic warmups, jump rope, plyometrics, calisthenic kind of works, bag work, pad work, and then sparring as well.
MR. WATKINS: We talked about his athletic abilities. What were your impressions of Tamerlan Tsarnaev as a person?
BRANDON DOUGLAS: When I first met Tamerlan, he was self-deprecating to a degree. He was helpful and generous with his time with beginners. He displayed really good self-control for somebody of his size and skill level with beginners and people of that sort, people smaller than him. Those traits began to change later on, but, originally, I would say that we had a good relationship.
MR. WATKINS: Were you aware that he boxed in the Golden Gloves?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: Were you aware that he won the Golden Gloves, the local Golden Gloves?
BRANDON DOUGLAS: Yes, I was.
MR. WATKINS: The Tournament of Champions in 2009?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: Were you aware that he also boxed in 2010?
BRANDON DOUGLAS: Yes, I was.
MR. WATKINS: And do you know that he won in 2010?
BRANDON DOUGLAS: I do.
MR. WATKINS: Did you speak with him about going to the Nationals, Golden Gloves?
BRANDON DOUGLAS: Briefly, yes.
MR. WATKINS: And what did he say to you about the Nationals?
BRANDON DOUGLAS: That issues with his citizenship had denied him entry into that tournament.
MR. WATKINS: And did he express some personal feeling about that?
BRANDON DOUGLAS: Yes, sir, he did.
MR. WATKINS: Tell us about that.
BRANDON DOUGLAS: He expressed frustration that they wouldn't allow him entry and that he felt that it was an intentional slight directed solely at him.
MR. WATKINS: He took it personally?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: Did he explain why he thought it was personal to him?
BRANDON DOUGLAS: Not that I recall.
MR. WATKINS: What, if any, expressions of paranoia did he make?
MR. MELLIN: Objection.
THE COURT: Sustained.
MR. WATKINS: Did you and Mr. Tsarnaev discuss politics?
BRANDON DOUGLAS: On several occasions, yes.
MR. WATKINS: What did he discuss with you about politics?
BRANDON DOUGLAS: Because of my background, I engaged him on a variety of political subjects: issues in Russia and Chechnya, political and violent extremism there, yeah.
MR. WATKINS: These were things that you could have conversations with him, a political science major?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: Did he talk about conspiracy theories at all?
BRANDON DOUGLAS: Yeah, one instance that I recall, yes.
MR. WATKINS: Tell us about his conspiracy theories.
MR. MELLIN: Objection, relevance.
THE COURT: Sustained.
MR. WATKINS: Did he express personal feelings about Chechnya and Russia?
BRANDON DOUGLAS: Yes, of course.
MR. WATKINS: Did he talk about the United States' role in the world?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: Did you pay much attention to him when he was talking about some of these things?
BRANDON DOUGLAS: I paid attention to what he was saying. We were having a conversation, the two of us, so, yeah, I was engaged.
MR. WATKINS: And his demeanor when he was discussing this, was it -- was he intense or was he -- a discussion? What was his temperament?
BRANDON DOUGLAS: There was an intensity to it but not altogether unsurprising, I think, given the content of the conversation.
MR. WATKINS: Now, was there a time where you stopped training so much at the Wai Kru gym yourself?
BRANDON DOUGLAS: Yes.
MR. WATKINS: When was that?
BRANDON DOUGLAS: Probably 2012, 2013, I started to curtail my activities.
MR. WATKINS: Did you -- I should have asked. You actually worked at the Wai Kru gym for a period of time?
BRANDON DOUGLAS: Yes, sir, I did.
MR. WATKINS: And when were you working at the Wai Kru gym?
BRANDON DOUGLAS: From December 2009 until -- full time until December 2010 and then part time for several more years after that.
MR. WATKINS: So would you continue -- whether you were working there or not, did you continue to see Tamerlan Tsarnaev occasionally?
BRANDON DOUGLAS: During what period of time? While I was working?
MR. WATKINS: Yeah, while you were working first.
BRANDON DOUGLAS: From the period of 2009 to 2010, yes, I saw him frequently.
MR. WATKINS: And then once you started working part time less so?
BRANDON DOUGLAS: Less so, yeah.
MR. WATKINS: And was there a period where you stopped seeing him at all?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: And did you learn that he had gone to Dagestan?
MR. MELLIN: Objection.
THE COURT: Sustained.
MR. WATKINS: Well, did he tell you himself that he had been to Dagestan?
MR. MELLIN: Objection.
THE COURT: Sustained.
MR. WATKINS: Over time, did you begin to see changes in Tamerlan Tsarnaev's demeanor?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: Describe those changes.
BRANDON DOUGLAS: There were physical changes. His dress changed. The beard obviously was a pretty drastic departure.
MR. WATKINS: Well, let me unpack that a little bit. The dress, when he first started coming to Wai Kru, what kind of clothing would he wear?
BRANDON DOUGLAS: He was a very flashy dresser, you know, shiny, alligator shoes, and things of that nature.
MR. WATKINS: Was he clean shaven?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: And then later when you saw him, how did those two things change?
BRANDON DOUGLAS: He was dressed much more conservatively, and he had a large, bushy beard.
MR. WATKINS: Did you talk about politics and religion over time?
BRANDON DOUGLAS: After that point, no.
MR. WATKINS: Was there always a certain amount of friction between the staff at Wai Kru and Tamerlan?
BRANDON DOUGLAS: Always?
MR. WATKINS: Yes.
MR. WATKINS: Over time, did there become friction between the staff at Wai Kru and Tamerlan?
BRANDON DOUGLAS: Yes.
MR. WATKINS: Explain how that friction got started.
BRANDON DOUGLAS: I'm not sure how it started. I can tell you how it manifested.
MR. WATKINS: Why don't you tell us how it manifested itself.
BRANDON DOUGLAS: There were instances where Tamerlan would wear street shoes on the mats and in the rest of the gym downstairs, which is highly frowned upon in that community. He would use people's equipment without asking. He could be loud and disruptive to classes. In addition, he would do his own thing, which wasn't entirely frowned upon, but when you're trying to run an organized program, having individuals there being loud and disruptive was definitely damaging to class to a point and that created friction, yes.
MR. WATKINS: Was he ever approached and asked to stop those behaviors?
BRANDON DOUGLAS: Yes. There was one incident that I can recall where that happened, yes.
MR. WATKINS: Did he stop?
BRANDON DOUGLAS: Not that I'm aware of, no.
MR. WATKINS: I want to turn now to April 14 of 2013. By that time, you were training less at Wai Kru?
BRANDON DOUGLAS: I mean, define "less."
MR. WATKINS: Well, how much would you be at Wai Kru?
BRANDON DOUGLAS: Two to three days a week.
MR. WATKINS: Friday, April 14th, you were in the Wai Kru gym?
BRANDON DOUGLAS: That evening, yes.
MR. WATKINS: I'm sorry. That's not correct. Friday, April 12th, which is three days before the Marathon bombing?
BRANDON DOUGLAS: That Friday evening, yes.
MR. WATKINS: On that day, did you see Tamerlan Tsarnaev in the gym?
BRANDON DOUGLAS: No, sir, I didn't.
MR. WATKINS: Who else did you see in the gym with Tamerlan Tsarnaev?
BRANDON DOUGLAS: I didn't see Tamerlan in the gym.
MR. WATKINS: I'm sorry?
BRANDON DOUGLAS: I didn't see him in the gym that evening. I was there after he had already left.
MR. WATKINS: Right. You knew that Tamerlan Tsarnaev had been in the gym?
MR. MELLIN: Objection.
THE COURT: Overruled. You may answer.
BRANDON DOUGLAS: Yes. I was aware that he had been in the gym earlier that day.
MR. WATKINS: And as a -- were you still working for Wai Kru gym on April 12 of 2013?
BRANDON DOUGLAS: Part time, yes.
MR. WATKINS: So you knew other employees there?
BRANDON DOUGLAS: I knew all the employees there.
MR. WATKINS: Do you also know that Wai Kru gym has a number of surveillance cameras?
BRANDON DOUGLAS: I do. I'm aware.
MR. WATKINS: Your Honor, I'd like to show Mr. Douglas a video from April 12 of 2013.
THE COURT: I'll allow it.
MR. MELLIN: Thank you. I know better than to ask, your Honor.
THE COURT: What number is it?
MR. WATKINS: Exhibit 3273.
THE COURT: All right.
MR. WATKINS: I'm going to stop it here and ask if you recognize anybody in this video.
BRANDON DOUGLAS: Yes.
MR. WATKINS: If you tap on the screen, you can identify. Who's that?
BRANDON DOUGLAS: That's Tamerlan.
MR. WATKINS: And do you see Jahar Tsarnaev?
BRANDON DOUGLAS: (Indicating.)
MR. WATKINS: And there's a third man in this video. Are you able to identify him?
BRANDON DOUGLAS: No, sir. I don't know who that is.
MR. WATKINS: What do you recognize this -- where is this video clip from?
BRANDON DOUGLAS: That's in the boxing ring at Wai Kru.
MR. WATKINS: I'm going to play the remainder of the video.
(Video recording played.)
MR. WATKINS: Now, I'm going to stop it there. We just saw Tamerlan Tsarnaev throw a piece of equipment at Jahar Tsarnaev?
BRANDON DOUGLAS: Yes.
MR. WATKINS: What is that?
BRANDON DOUGLAS: Those are hand wraps.
MR. WATKINS: Did you later learn that your gloves had been used at Wai Kru gym?
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: What did you learn about that?
BRANDON DOUGLAS: I learned that Tamerlan had gone in the back and took two pairs of gloves, one for himself and one for his brother.
MR. WATKINS: Was that from your own property?
BRANDON DOUGLAS: One of those was, yes.
MR. WATKINS: Was that something he'd ask for permission from you for?
BRANDON DOUGLAS: No, not from me or the other instructor involved.
MR. WATKINS: Was that something that you would condone?
BRANDON DOUGLAS: No, not at all.
MR. WATKINS: You mention that you were not present at that time but came into the gym shortly after that?
BRANDON DOUGLAS: Sometime later that evening, yes, after I got out of work.
MR. WATKINS: And did you actually see Tamerlan Tsarnaev there? Did you cross paths?
BRANDON DOUGLAS: Not that I recall.
MR. WATKINS: Did you speak with an employee at the -- at Wai Kru gym about what had happened that day?
MR. MELLIN: Objection.
THE COURT: Yeah, sustained.
MR. WATKINS: Your Honor, may we -- this will be the last thing. Perhaps we could --
THE COURT: I know what you have in mind. I would exclude it at this point because he's testified to the subject.
MR. WATKINS: I'm sorry?
THE COURT: He's testified to the subject or he can if he hasn't completed it.
MR. WATKINS: So in speaking -- so what did you learn about Tamerlan's behavior that day?
MR. MELLIN: Objection.
THE COURT: Sustained, at least to that question.
MR. WATKINS: May I have just a moment, your Honor?
(Discussion held off the record.)
MR. WATKINS: Do you know of any action that was taken after Tamerlan's behavior that day?
MR. MELLIN: Objection.
THE COURT: You may answer that.
BRANDON DOUGLAS: Yes, sir.
MR. WATKINS: What action was taken?
BRANDON DOUGLAS: The general manager of the gym emailed the owner to express his displeasure with Tamerlan's behavior that evening.
MR. WATKINS: Your Honor, for the record, I'd move in Exhibit 3230.
MR. MELLIN: Objection.
THE COURT: I'll exclude it as cumulative.
MR. WATKINS: I have nothing further, your Honor.
MR. MELLIN: Very short.
CROSS-EXAMINATION BY MR. MELLIN:
MR. MELLIN: Good afternoon, sir.
BRANDON DOUGLAS: Good afternoon.
MR. MELLIN: The last time that you talked to Tamerlan Tsarnaev was in January or February of 2013, is that right?
BRANDON DOUGLAS: Yes.
MR. MELLIN: Okay. And that's the last time you actually saw him, too, correct?
BRANDON DOUGLAS: Yes.
MR. MELLIN: And you pointed out the defendant in the video. Had you ever met the defendant?
BRANDON DOUGLAS: No, sir.
MR. MELLIN: Never seen him boxing or doing anything at Wai Kru?
BRANDON DOUGLAS: No, sir.
MR. MELLIN: Thank you. Nothing further, your Honor.
MR. WATKINS: Nothing, your Honor.
THE COURT: All right, sir. Thank you. You may step down. We will take the lunch recess.
COURT CLERK: All rise for the Court and jury. Court will take the lunch recess.
(Luncheon recess taken at 1:10 p.m.)