Rogerio Franca — Direct/Cross - Day 54 - 2015 Federal Trial

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.

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Morning Session and Jury Compliance Check

ProceduralProc.Morning Session and Jury Compliance Check

P R O C E E D I N G S

COURT CLERK: All rise for the Court and the jury.

(The Court and jury enter the courtroom at 9:15 a.m.)

COURT CLERK: Be seated.

THE COURT: Good morning, jurors.

JUROR: Good morning.

THE COURT: Again, I want to be assured that you've abided by my instructions. Have you all?

JUROR: Yes.

THE COURT: Okay. Thank you.

Mr. Watkins?

MR. WATKINS: Thank you, your Honor. The defense calls Rogerio Franca.

CLAUDIA ASSAF, Portuguese interpreter, duly sworn

COURT CLERK: Have a seat. State your name and spell your last name for the record.

INTERPRETER: Good morning, your Honor. It's Claudia Assaf, Portuguese interpreter.

DirectDirectRogerio Franca - Direct Examination

ROGERIO FRANCA, duly sworn

COURT CLERK: Have a seat. State your name and spell your last name for the record, keep your voice up and speak into the mic.

ROGERIO FRANCA: My name is Rogerio Franca, your Honor. It's F-R-A-N-C-A, last name.

DIRECT EXAMINATION BY MR. WATKINS:

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

ROGERIO FRANCA: Brazil.

MR. WATKINS: And were you raised in Brazil also?

ROGERIO FRANCA: Yes.

MR. WATKINS: Is English your first language?

ROGERIO FRANCA: No.

MR. WATKINS: What is your first language?

ROGERIO FRANCA: Portuguese.

MR. WATKINS: Ms. Assaf is sitting to your left there, the certified interpreter.

ROGERIO FRANCA: Yes.

MR. WATKINS: And we've spoken in English generally?

ROGERIO FRANCA: Yes.

MR. WATKINS: You and I? And you've spoken with law enforcement before in English?

ROGERIO FRANCA: Yes.

MR. WATKINS: But Portuguese is your first language?

ROGERIO FRANCA: Yes.

MR. WATKINS: If you have any difficulty with my questions or with the prosecutors' questions, you'll consult with the interpreter?

ROGERIO FRANCA: I will.

MR. WATKINS: But are you comfortable speaking in English?

ROGERIO FRANCA: Yes, I am.

MR. WATKINS: Mr. Franca, when did you come to the United States?

ROGERIO FRANCA: In 2006.

MR. WATKINS: And how old were you then?

ROGERIO FRANCA: I was, I believe, 24, 25.

MR. WATKINS: And why did you leave Brazil?

ROGERIO FRANCA: I was persecuted by some police officers.

MR. WATKINS: And did you come to the United States as a result of that?

ROGERIO FRANCA: Yes.

MR. WATKINS: When did you -- what year was it that you came to the United States?

ROGERIO FRANCA: In 2006.

MR. WATKINS: And you're currently living here legally?

ROGERIO FRANCA: I was illegal.

MR. WATKINS: You are legally here now, though?

ROGERIO FRANCA: No, now I am legal.

MR. WATKINS: And you have a work permit?

ROGERIO FRANCA: Yes, I do.

MR. WATKINS: When you first came to Boston, what year was that?

ROGERIO FRANCA: 2006.

MR. WATKINS: And what neighborhood did you live in?

ROGERIO FRANCA: Allston.

MR. WATKINS: Did you live at more than one address in Allston?

ROGERIO FRANCA: Yes, I did.

MR. WATKINS: And during your time in Allston, did you become friendly with a group of Russians?

ROGERIO FRANCA: Yes.

MR. WATKINS: And tell us about that. How did you become friendly with a group of Russians?

ROGERIO FRANCA: Allston -- when I moved to Boston, I used to have -- my neighbor used to be next door on the apartment, the same floor, on the first floor, used to be my neighbor by the door.

MR. WATKINS: And how was it that you became friendly with them?

ROGERIO FRANCA: Well, I used to come, for my job, every single day. Sometimes I used to see them where they were talking, used to say hi. That's why -- the time I come to be a friend.

MR. WATKINS: Now, how is their English, the Russians?

ROGERIO FRANCA: Was good. Mine was not good.

MR. WATKINS: So did you practice languages --

ROGERIO FRANCA: Yes. Actually, I learned a lot from them.

MR. WATKINS: And did they help you?

ROGERIO FRANCA: Yes.

MR. WATKINS: But did you also become friends with them?

ROGERIO FRANCA: Yup.

MR. WATKINS: And who were some of those Russians that you became friends with?

ROGERIO FRANCA: Vishkan, Konstantin, and Abubakr.

MR. WATKINS: And do you know any of the last names of those Russians as you sit here today?

ROGERIO FRANCA: Yes, I do. Abubakr Turshaev, his last name, and Konstantin is Morosov.

MR. WATKINS: And during that time in Allston -- how long did you live in Allston and Brighton?

ROGERIO FRANCA: It was one year and a half; one year, seven months.

MR. WATKINS: During that time there, did you also meet a Russian by the name of Tamerlan Tsarnaev?

ROGERIO FRANCA: Not in that first location.

MR. WATKINS: But sometime during your stay in Allston and Brighton living there, did you meet Tamerlan Tsarnaev?

ROGERIO FRANCA: Yes, I did.

MR. WATKINS: And what were the circumstances of meeting Tamerlan Tsarnaev?

ROGERIO FRANCA: For me was kind of like became another friend like the others.

MR. WATKINS: Was he friends with the Russians that you met?

ROGERIO FRANCA: Yes.

MR. WATKINS: What kinds of things would you and the Russians do socially?

ROGERIO FRANCA: Well, having fun, go outside, talking, sometimes go to the party.

MR. WATKINS: Now, the Russians, did they like to drink alcohol?

ROGERIO FRANCA: Yes, usually they used to drink.

MR. WATKINS: Did they sometimes like to smoke marijuana?

ROGERIO FRANCA: Yes, they do.

MR. WATKINS: And was that true of all of them?

ROGERIO FRANCA: No.

MR. WATKINS: Was it true of Tamerlan Tsarnaev?

ROGERIO FRANCA: Yes.

MR. WATKINS: Now, you were living at a different apartment than the Russians while you were in Allston and Brighton?

ROGERIO FRANCA: Yes.

100

MR. WATKINS: At some point did you move to Cambridge?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: What street in Cambridge did you move to?

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ROGERIO FRANCA: Cambridge Street.

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MR. WATKINS: Actually, in Cambridge, Massachusetts, what street did you move there?

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ROGERIO FRANCA: I don't understand your question. Can you make your question again, please?

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MR. WATKINS: You mentioned that you had moved to Cambridge Street. Was that Cambridge Street in Allston or Cambridge Street in Cambridge?

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ROGERIO FRANCA: Brighton.

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MR. WATKINS: In Brighton?

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ROGERIO FRANCA: Brighton.

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MR. WATKINS: And then after you lived on Cambridge Street in Brighton, did you move to Cambridge, Massachusetts?

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ROGERIO FRANCA: Yes, I did.

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MR. WATKINS: And what street was that?

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ROGERIO FRANCA: 20 Harding Street.

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MR. WATKINS: And when was that that you moved to Cambridge, as best you can recall?

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ROGERIO FRANCA: Around 2008, 2009.

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MR. WATKINS: And how long did you live on Harding Street in Cambridge?

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ROGERIO FRANCA: Almost two years.

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MR. WATKINS: Now, Harding Street in Cambridge, is that a multi-unit -- more than one apartment at Harding Street?

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ROGERIO FRANCA: Yeah, it was an apartment of three floors.

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MR. WATKINS: I'm sorry?

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ROGERIO FRANCA: It was a building of three floors.

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MR. WATKINS: And which floor did you live on?

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ROGERIO FRANCA: The first one.

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MR. WATKINS: And who was your roommate on Harding Street?

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ROGERIO FRANCA: Abubakr Turshaev and another guy from Egyptian.

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MR. WATKINS: So Abubakr Turshaev, he's one of the friends from Allston and Brighton, and the two of you became roommates?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: When you moved to Harding Street, did you continue to see Tamerlan Tsarnaev there?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: How often did he come over to your home at Harding Street?

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ROGERIO FRANCA: Around three, four times a week. Sometimes every day.

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MR. WATKINS: And was that all through this period that you lived there, the year and a half or two years that you lived there?

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ROGERIO FRANCA: Not in the beginning of the time I start -- I moved from Cambridge.

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MR. WATKINS: Did you know where Tamerlan Tsarnaev lived himself during that time?

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ROGERIO FRANCA: Not exactly the house. I just knew he used to live a few blocks from my house.

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MR. WATKINS: So when he would come over to your home, who would he visit with?

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ROGERIO FRANCA: Abubakr.

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MR. WATKINS: Would he also visit with you?

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ROGERIO FRANCA: Yeah.

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MR. WATKINS: And would all of you socialize together at that apartment?

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ROGERIO FRANCA: Yup.

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MR. WATKINS: Did you ever go to Tamerlan Tsarnaev's apartment?

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ROGERIO FRANCA: Nope.

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MR. WATKINS: Your Honor, I'm going to show three exhibits, 3226A through C. I believe there's no objection from the government on this, so I think it could go right to the jury.

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MR. WEINREB: There is no objection.

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THE COURT: Okay.

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(Defense Exhibit Nos. 3226A through 3226C received into evidence.)

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BY MR. WATKINS:

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MR. WATKINS: Now, on the screen to your left, do you see a picture there?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: Can you point out and identify who each of the people in that picture is? And this is Exhibit 3226A, for the record.

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ROGERIO FRANCA: This is Tamerlan, this one is Vishkan, and this is one is Abubakr Turshaev.

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THE COURT: I think we'll have to have that again, Mr. Watkins. I'm not sure that was loud enough for everyone.

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BY MR. WATKINS:

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MR. WATKINS: All right. Why don't you move the microphone --

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MR. WATKINS: Thank you, Ms. Assaf.

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MR. WATKINS: Could you go through that again and identify each of those people in the picture?

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ROGERIO FRANCA: This one is Tamerlan, this one is Vishkan and this one is Abubakr Turshaev.

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MR. WATKINS: And Abubakr Turshaev, he was your roommate?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: Vishkan Vakhabov, did he actually live at Harding Street at that point?

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ROGERIO FRANCA: Who? Sorry.

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MR. WATKINS: Vishkan Vakhabov.

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MR. WEINREB: Objection, your Honor. No last name was ever given for that individual.

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MR. WATKINS: I'm sorry?

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THE COURT: I'm not sure. I think it might have been. But anyway, why don't you clarify that, if you'll --

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MR. WATKINS: I didn't hear the objection.

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THE COURT: Vishkan's last name.

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BY MR. WATKINS:

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MR. WATKINS: The person in the middle, what is his last name?

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ROGERIO FRANCA: I don't know his last name.

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MR. WATKINS: Oh, I'm sorry. But Abubakr on the right in this picture, that was the person you identified as your roommate?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: And is this picture taken at 20 Harding Street?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: Showing you 3226B, can you identify the people in that photograph?

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ROGERIO FRANCA: Left side Vishkan, the middle one is me, and the right side is Abubakr Turshaev.

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MR. WATKINS: And what room at 20 Harding is that taken in?

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ROGERIO FRANCA: In the kitchen.

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MR. WATKINS: Finally, 3226C, who is in that picture?

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ROGERIO FRANCA: The left side, Tamerlan; on the right side, it's me.

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MR. WATKINS: What kinds of things would Tamerlan Tsarnaev do when he came over to your home that you saw?

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ROGERIO FRANCA: He used to come a lot to my home. He used to smoke weed in my basement. He used to come home to this -- Abubakr, Vishkan, he used, you know, to call them to go outside to party in Boston sometimes.

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MR. WATKINS: The three of them, would they go clubbing --

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ROGERIO FRANCA: Most of the time, yes.

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MR. WATKINS: -- in Allston? Now, is that something that you liked to do?

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ROGERIO FRANCA: I don't like to go outside that much like they like it.

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MR. WATKINS: Do you smoke marijuana yourself?

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ROGERIO FRANCA: No.

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MR. WATKINS: And do you enjoy alcohol? Do you drink?

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ROGERIO FRANCA: No.

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MR. WATKINS: During that time you were living on Harding Street, were you working?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: And what hours would you work during the week?

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ROGERIO FRANCA: From six in the morning until seven-thirty, eight o'clock at night sometimes.

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MR. WATKINS: So when you saw Tamerlan Tsarnaev at Harding Street, when would he be there? Like what times of day, what times during the week?

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ROGERIO FRANCA: Well, usually he used to come early. The time I was working, he used to come to visit Abubakr, most of the time only around twelve, one o'clock.

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MR. WATKINS: And would you see him in the evenings sometimes?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: Would you see him on weekends?

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ROGERIO FRANCA: Yes, also.

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MR. WATKINS: What did you understand Tamerlan to do for work during that period of time?

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ROGERIO FRANCA: He used to help his dad. I heard from the other friends help his -- he used to help his father, the mechanic, so...

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MR. WATKINS: A car mechanic?

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ROGERIO FRANCA: Yeah.

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MR. WATKINS: And what other jobs did you know him to do?

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ROGERIO FRANCA: No, I never heard from another one.

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MR. WATKINS: Was there a time where you drove with him to look for a job?

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ROGERIO FRANCA: Yes. One day he took me to the -- I believe it's Watertown. He wanted to apply for a job over there. And I stood inside the car when he get in the office. I don't know if he applied or if he started working this company.

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MR. WATKINS: So you don't know for sure whether he got that job?

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ROGERIO FRANCA: No.

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MR. WATKINS: Did you know Tamerlan was a boxer?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: How did you know that?

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ROGERIO FRANCA: He used to go to games sometimes. He used to bring his backpack with the gloves and everything inside, so...

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MR. WATKINS: Did you go to the gym with him ever?

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ROGERIO FRANCA: Twice, a couple of times.

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MR. WATKINS: And what gym did you go to?

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ROGERIO FRANCA: The one in Brighton, close to the fire department.

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MR. WATKINS: Did you ever actually go and see him box?

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ROGERIO FRANCA: Yeah, one day I went with Vishkan and Abubakr to see his fight. I believe it was in Beverly.

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MR. WATKINS: And did he win that particular fight?

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ROGERIO FRANCA: Yes, he did.

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MR. WATKINS: Are you familiar with the sport of boxing? Do you --

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ROGERIO FRANCA: No.

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MR. WATKINS: You mentioned that he would smoke marijuana in your home on occasion. Was that while you were there?

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ROGERIO FRANCA: Sometimes I used to come from my job, he was downstairs in the basement smoking.

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MR. WATKINS: All right. Did you like that? Did you like the fact that he was smoking marijuana in your home?

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ROGERIO FRANCA: Not at all. Not at all.

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MR. WATKINS: And why not?

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ROGERIO FRANCA: I never done, and I don't think that's nice for my neighbor who lives upstairs in the building.

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MR. WATKINS: Did you ever say anything to him about smoking marijuana in your home?

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ROGERIO FRANCA: One day I come up to Abubakr, told Abubakr to tell him that I was not liking the idea. So I believe he did. He talked to him.

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MR. WATKINS: And was that the -- well, what was his reaction to that?

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ROGERIO FRANCA: Well, he come up to me one day and said, "Friend, don't do that kind of thing," and I said to him that friends don't come to do such a thing in the basement. The other guy, who's really a friend, don't do it.

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MR. WATKINS: Let me unpack that a little bit. He came to you and said you were not a good friend?

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ROGERIO FRANCA: Yeah. "Friends don't do that." That's what he said to me.

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MR. WATKINS: Friends don't do what? What did you understand? Friends don't do what?

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ROGERIO FRANCA: Ask the other guy to stop to do such a thing in the house. That's what he told me.

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MR. WATKINS: And then your response to him was what?

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ROGERIO FRANCA: I just keep it quiet myself.

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MR. WATKINS: Now, when you say you kept quiet yourself, why did you keep quiet yourself?

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ROGERIO FRANCA: I don't like to argue with no one. I don't like problems.

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MR. WATKINS: And was that particular to Tamerlan? Was there something about Tamerlan that made you not confront him?

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ROGERIO FRANCA: Probably could be, yeah.

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MR. WATKINS: Can you talk about that?

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ROGERIO FRANCA: Well, most of the time he was drunk, most of the time he was high, and I never could have a nice time like friend to friend to talk to him about that, like the drugs, the alcohol.

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MR. WATKINS: Was there a time when you came home and Tamerlan was doing more than just smoking marijuana?

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ROGERIO FRANCA: Yeah, one day I came from my job, and I met him inside my room, him and the other ones inside my room.

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MR. WATKINS: Let me stop you there. Inside your bedroom?

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ROGERIO FRANCA: Yes, inside my bedroom.

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MR. WATKINS: And he and the other ones, what do you mean by that?

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ROGERIO FRANCA: I guess they was dividing some drugs inside the room there, on a table inside my room.

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MR. WATKINS: And what makes you say that they were buying drugs?

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ROGERIO FRANCA: Excuse me?

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MR. WATKINS: Why do you say that they were buying drugs?

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ROGERIO FRANCA: They was not -- I don't know if he was buying or they were dividing drugs right there.

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MR. WATKINS: Oh, dividing drugs?

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ROGERIO FRANCA: Yeah. Like weighing the drugs inside.

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MR. WATKINS: And you could see that they were dividing drugs?

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ROGERIO FRANCA: Yup, inside the little bags.

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MR. WATKINS: And what did you do?

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ROGERIO FRANCA: I just told everybody get out of my room. That is no place for them to do that.

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MR. WATKINS: And did they leave at that point?

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ROGERIO FRANCA: Yeah, after a few minutes they did.

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MR. WATKINS: After you asked Tamerlan not to smoke marijuana in your home, did he continue to do that?

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ROGERIO FRANCA: Yes, he did.

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MR. WATKINS: Now, did you and Tamerlan ever talk about faith and religion?

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ROGERIO FRANCA: Not real deeply about religion. We just talking about the future and the past, how the life it is in the country.

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MR. WATKINS: Now, what is your faith?

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ROGERIO FRANCA: Catholic.

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MR. WATKINS: And is that the way you were raised?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: Did he discuss with you about converting to Islam?

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ROGERIO FRANCA: No.

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MR. WATKINS: Now, did you know that Tamerlan Tsarnaev had a younger brother?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: Do you see his younger brother in the courtroom today?

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ROGERIO FRANCA: I saw him twice knock on the door looking for his brother.

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MR. WATKINS: I'm asking today whether you see him in the courtroom or not.

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ROGERIO FRANCA: Yes.

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MR. WATKINS: And is he sitting at counsel table?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: And back during that time that Tamerlan Tsarnaev was coming over to the apartment, did you meet Jahar Tsarnaev?

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ROGERIO FRANCA: It's like I told you: He knocked on my door twice.

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MR. WATKINS: And what were the circumstances to that? What happened when he came over?

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ROGERIO FRANCA: He just was looking for his brother.

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MR. WATKINS: And were these times that his brother was there or not?

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ROGERIO FRANCA: He used to spend most of the time at my home, so during the day and night.

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MR. WATKINS: Did Jahar Tsarnaev ever come in your home?

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ROGERIO FRANCA: No.

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MR. WATKINS: Now, you told us that you lived for about a year and a half -- or two years -- how long did you live on Harding Street, as best you can --

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ROGERIO FRANCA: I believe it's almost two years.

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MR. WATKINS: After that, those two years, did you move to a different city?

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ROGERIO FRANCA: Yes, Stoughton.

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MR. WEINREB: Your Honor, he lived there almost three years.

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MR. WATKINS: I'm sorry. I misheard.

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BY MR. WATKINS:

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MR. WATKINS: How long did you live at Harding Street?

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ROGERIO FRANCA: I cannot remember very well. I believe it was two years, two years something. I can't remember the length of time in my mind, but it's around two years.

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MR. WATKINS: Around two years?

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ROGERIO FRANCA: Yeah. Two years and a half, let's say.

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MR. WATKINS: After that time, did you move to a different city?

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ROGERIO FRANCA: Yes, I did.

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MR. WATKINS: And what city did you move to?

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ROGERIO FRANCA: Stoughton, Massachusetts.

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MR. WATKINS: And did you move with one of your roommates down there, or was it on your own?

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ROGERIO FRANCA: On my own.

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MR. WATKINS: After that, did you see Tamerlan Tsarnaev? Did he come down to Stoughton?

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ROGERIO FRANCA: No, never.

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MR. WATKINS: Did you see him at all really after that time?

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ROGERIO FRANCA: I just saw him once.

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MR. WATKINS: I'm going to talk about that in a little bit, but did you also continue to see Abubakr Turshaev?

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ROGERIO FRANCA: Turshaev had been to Stoughton a couple of times with Konstantin to visit me.

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MR. WATKINS: And did you learn through them that Tamerlan Tsarnaev had gone to Russia for a period of time?

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MR. WEINREB: Objection, your Honor. It's hearsay.

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MR. WATKINS: It's not for the truth.

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THE COURT: Go ahead. You can have it.

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BY MR. WATKINS:

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MR. WATKINS: Did you learn that Tamerlan Tsarnaev had gone to Russia for a time?

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ROGERIO FRANCA: I heard from the other friends, yeah, from Abubakr, Konstantin.

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MR. WATKINS: Was there a time -- and did you know what time it was that he had gone to Russia, what year?

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ROGERIO FRANCA: No.

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MR. WATKINS: Now, was there a time when you saw Tamerlan Tsarnaev again one last time?

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ROGERIO FRANCA: Yeah, I saw him once on Boylston Street.

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MR. WATKINS: And do you know what year that that was?

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ROGERIO FRANCA: I can't remember very well, but it was around 2012, 2011.

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MR. WATKINS: Do you know -- you were told that Tamerlan had gone to Russia. Do you know whether it was before or after that?

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MR. WEINREB: Objection.

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ROGERIO FRANCA: After that.

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MR. WEINREB: Objection. This is calling for speculation at this point.

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THE COURT: No. Overruled.

Go ahead.

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BY MR. WATKINS:

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MR. WATKINS: So it was after you learned that Tamerlan had gone to Russia?

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ROGERIO FRANCA: Yeah, after I heard he was in Russia.

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MR. WATKINS: So what kind of work were you doing when you saw Tamerlan?

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ROGERIO FRANCA: I was a limousine driver.

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MR. WATKINS: I'm sorry. A limousine driver?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: And what -- what kinds of people would you drive for?

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ROGERIO FRANCA: I used to drive business guys, business.

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MR. WATKINS: So you were on Boylston Street, you were working as a limousine driver?

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ROGERIO FRANCA: Yes.

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MR. WATKINS: And describe seeing Tamerlan, the circumstances.

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ROGERIO FRANCA: Well, I was waiting for my client to come out from the hotel, and it was almost the time for me to come out of the car to take the door for the client. That was the time I saw him walking toward the walk side, and I saw him and said, "Hello, Tamerlan." "Roger, what you doing here?" I said, "Good. How are you?" And he just gave me his cell phone number, "Call me," and we exchanged the cell phone numbers, information. But I never called him back. That was the last time.

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MR. WATKINS: Now, when you saw him, was there something about the way he was dressed that struck you?

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ROGERIO FRANCA: Yeah, he was kind of like be weird, different, dressed in white.

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MR. WATKINS: When you say "dressed in white," can you describe?

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ROGERIO FRANCA: Black shoes, white pants, white suit.

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MR. WATKINS: Was he with anybody when you saw him?

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ROGERIO FRANCA: Yeah, with his wife.