3.Notebook Translations, Documentary Objections, Deferred Matanov Reports, and CT Scan Disclosure
81 linesMS. CONRAD: I think we still have more exhibits to discuss.
THE COURT: This looks like 3063A and 3064A?
MS. CONRAD: So those are documents that are in evidence that were seized from the Norfolk Street apartment. Both 3063 and 3064 are in evidence, and these are just translations.
MR. CHAKRAVARTY: Well, they were in evidence for limited purposes, to show that there was something found in the liability phase from --
THE COURT: From a notebook.
MR. CHAKRAVARTY: Correct.
MS. CONRAD: And Tamerlan's fingerprints were on these items.
MS. CLARKE: There was one --
THE COURT: Well, I think they can be shown to be what the thing is. I mean, it's not offered for the truth that they're things.
MS. CONRAD: No, it's what he wrote.
MR. CHAKRAVARTY: It's what someone wrote.
MS. CONRAD: Well, one can infer from his fingerprints that he wrote it. So I'm sorry, those are --
THE COURT: Yes.
MS. CONRAD: Including the translations? They're in Russian.
THE COURT: Fine. We've been over the admission by party opponent. That's not coming in.
MS. CONRAD: May I just be informed of the basis for that? Previously I think it was first the government said --
THE COURT: It's not an admission by a party opponent.
MS. CONRAD: Well, under Kattar it is.
THE COURT: No, it's not.
MS. CONRAD: But if the rules of evidence don't apply.
THE COURT: What's the next issue? I have 3235A, parents of 3236 --
MS. CONRAD: Yeah, I don't think I'm going to offer the fact that -- the substance of those reports.
THE COURT: Those are the 302s.
MS. CONRAD: Right. Just the fact that they were interviewed, which if I have a moment to check may be actually --
THE COURT: It's printed in the narrative, I think you have.
MS. CONRAD: Right. I think it's in there. So if we get it in that way, then we won't be putting it in this way.
MR. WEINREB: Then I think one additional thing was just added, which is a Matanov 302.
MS. CONRAD: There are two Matanov 302s.
MR. WEINREB: Two Matanov 302s.
MS. CONRAD: I think the earlier Matanov 302 the government had and addressed. I just -- we thought we might do those later, but I think we might do them now.
THE COURT: Yeah. Is he available?
MR. FICK: So his counsel had previously told us that he would invoke the Fifth Amendment. I actually called him this morning to inquire again and I'm waiting to hear back just to confirm that that is still his state of mind.
THE COURT: I have to hear the answer to that.
MS. CONRAD: Well, he is being, as the Court probably knows -- being prosecuted in this court.
THE COURT: I know.
MS. CONRAD: The circumstances -- his current circumstances are a little unclear because these 302s say pursuant to a plea agreement he was debriefed. As I've checked the docket, I'm unaware of any plea agreement that he has.
THE COURT: Well --
MS. CONRAD: So, you know --
THE COURT: At any rate, we have to solve whether he's unavailable or not. Sometimes people with plea agreements do testify at the behest of the government.
MS. CONRAD: Not for the defense, generally.
THE COURT: Well, it would be an interesting question whether they can pick and choose, so...
MS. CONRAD: Well, it would be helpful if the government could shed some light on what the circumstances are and whether, in fact, there is a plea agreement.
THE COURT: Now, if he is unavailable, are there two 302s?
MS. CONRAD: Yes.
THE COURT: There's a brief one that I saw just this morning.
MS. CONRAD: I sent one this morning. There was one that was previously marked and identified --
THE COURT: Was it the day before?
MS. CONRAD: No, it's in March, I believe. I have that.
MR. WEINREB: Your Honor, if he's unavailable how can the jury possibly be -- I mean, it will be an incredibly lengthy sideshow to try to convince the jury not to believe a word he says because of his prior convictions. He's given seven, maybe, statements over time. He never says the same thing twice. Are we really going to read every single one of those?
THE COURT: Well, I want to take it one step at a time. Let's find out whether he's available or not. If he's available, there's no need to consider them at all. If he's unavailable, we'll consider whether they should be -- so they can't be done now anyway.
MS. CONRAD: But can I mention one thing? If he were a live witness and he made seven different statements, the government would be perfectly within its rights to introduce those other statements and wouldn't say he can't testify --
THE COURT: And cross-examine.
But anyway, so that will have to be deferred.
MS. CLARKE: Two, just sort of housekeeping matters, Judge, I think none of us really were aware that the Court had granted the discovery portion of the CT scan issue.
THE COURT: Right. Right.
MS. CLARKE: So when we found that out, we brought the CT scans that we have and provided them this morning so the Court doesn't need to go forward with work.
THE COURT: All right.
MS. CLARKE: I hadn't been aware of it and I don't think the government --
THE COURT: Because I think it was, well --
MR. WEINREB: We'll check with --
THE COURT: -- an artifact of the sealing process, I think.
MR. WEINREB: Judge, we appreciate the defense doing that. We'll check with Beth Israel and make sure we've got it all. If it's true, then there is no need for --
MS. CLARKE: If you have something different than what we have, you might let us know.
MR. WEINREB: We will. We'll share it with you.
MS. CLARKE: The other thing is the bracelets on the witnesses, your Honor. Mr. Chakravarty told the Court a little earlier they're going to try to get them off. If they can't, we're going to have to ask the Court to assist us in getting them off for purposes of the testimony, just to let you know.
THE COURT: Okay. All right.
MS. CONRAD: Just in terms of immediate timing, I've got Mr. Lipson -- finishing out Mr. Lipson on direct. I do need a few minutes to make the redactions before Ms. Petri goes on and also to confer with Mr. Weinreb. So I know we don't want to keep the jury waiting but I need a few minutes.
THE COURT: I understand.
MS. CLARKE: But she can read before we admit the document, right?
MS. CONRAD: So in other words -- the question is: What is she reading?
MS. CLARKE: Sure. Judge, and one final housekeeping. If Professor Reynolds pulls from today, we're going to have some witness issues, just to let you know.
THE COURT: Okay.
(The proceedings adjourned at 10:03 a.m.)
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 10:20 a.m.)
COURT CLERK: Be seated.
THE COURT: Good morning, jurors.
JUROR: Good morning.
THE COURT: Once again, I thank you for your patience. We were working out some issues so we didn't have to interrupt and do them at the sidebar here.
So we're ready to continue with the examination of Mr. Lipson.
MS. CONRAD: Yes.