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2015 Federal TrialtranscripttranscriptSonya Petri — Direct (Recall) - Day 55 - 2015 Federal TrialSonya Petri continued reading reports and translated materials concerning Tamerlan. The Court limited questioning beyond her reading role and cautioned the jury about the FBI interview report’s nature and limits.
William D. WeinrebMiriam ConradTimothy G. WatkinsGeorge A. O'Toole Jr.Sonya PetriTHE COURTMS. CONRADSonya PetriMR. WEINREBCourt ClerkMR. WATKINSsidebarproceduraldirect
2015 Federal Trial/Day 55/April 29, 2015
14 pages·11 witnesses·2,444 lines
The Court ruled on documentary evidence and limits on expert testimony. Defense witnesses read reports concerning Tamerlan, described both brothers' ambulance treatment, and recalled Dzhokhar's school and college years. Cross-examinations addressed the limits of witnesses' knowledge and Dzhokhar's independence.
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Zubeidat Response Texts and Redactions
sidebarsidebarZubeidat Response Texts and Redactions

(Discussion at sidebar and out of the hearing of the public:)

THE COURT: So with respect to the Zubeidat response texts, I want you to skip that for now. I haven't made up my mind about it. So we can come back to that. Ms. Petri can come back. I wanted to let you know my ruling about that.

MS. CONRAD: And we've worked out the redactions.

THE COURT: You have the redactions also? Okay. Fine.

ProceduralProc.Sonya Petri's Continuing Oath Confirmed

(In open court:)

THE COURT: To the extent it's necessary, you remain under oath from your prior hearings.

SONYA PETRI: Thank you.

MS. CONRAD: Welcome back.

SONYA PETRI: Thank you.

DirectDirectSonya Petri — Direct Examination (resumed) Sonya Petri Miriam Conrad

SONYA PETRI, resumed

DIRECT EXAMINATION BY MS. CONRAD:

MS. CONRAD: Ms. Petri, I'm going to ask you --

MS. CONRAD: And this is just for the witness at this point. Well, maybe I can just offer it because I think the Court has already ruled on Exhibit 3203A.

THE COURT: Yes, if it's as we discussed, then yes, it can be offered.

MS. CONRAD: So if we could have that published to the jury, please.

BY MS. CONRAD:

MS. CONRAD: And, Ms. Petri, do you see that document on your screen?

MS. CONRAD: Excuse me one second.

(Counsel confer off the record.)

BY MS. CONRAD:

MS. CONRAD: Can you tell us what that document is?

SONYA PETRI: It is a Homeland Security Committee report.

MS. CONRAD: From where?

SONYA PETRI: From the U.S. House of Representatives.

MS. CONRAD: And what's the date on that?

SONYA PETRI: March 2014.

MS. CONRAD: Would you just pull the microphone a little bit closer?

MS. CONRAD: Let's try that one more time. And what is this document?

SONYA PETRI: It's a Homeland Security Committee report from the U.S. House of Representatives dated March 2014.

MS. CONRAD: And what is the title?

SONYA PETRI: "The Road to Boston: Counterterrorism Challenges and Lessons from the Marathon Bombings."

MS. CONRAD: And would you please turn -- no, I'm sorry.

MS. CONRAD: Ms. Sarr, can you publish the second -- well, it's actually page 11, but the second page of the excerpt that we have.

And can you -- I'm going to enlarge this for you, I think. There you go.

MS. CONRAD: And can you read what you see on your screen?

MS. CONRAD: At least the first paragraph.

SONYA PETRI: With the heading "(U) 2011 Assessment of Tamerlan Tsarnaev." And then the letter "(U) In 2011, the FBI received a letter from the Russian Federal Security Service (FSB) regarding Tamerlan Tsarnaev."

MS. CONRAD: Okay. Now, I'm going to ask you to push the microphone away a little bit. All right.

SONYA PETRI: Start again?

MS. CONRAD: No, that is fine.

SONYA PETRI: "In the letter, the Russian government expressed concern that he had become radicalized and that he might return to Russia and join extremist groups there. While lacking compelling derogatory information on exactly why he posed a threat, the letter contained detailed biographic information on Tamerlan Tsarnaev and his mother, including physical addresses, marital status, online social media profiles, and discussed his history as a boxer. The letter also noted that he had previously hoped to travel to the Palestinian territories to wage jihad, but decided not to go because he did not speak Arabic. The letter requested that the FBI notify the Russian government if Tamerlan Tsarnaev attempted to travel to Russia, which may indicate they were concerned about possible ties to militants in the Caucasus."

MS. CONRAD: Please continue.

SONYA PETRI: "(U) In response to this letter, the FBI Joint Terrorism Task Force (JTTF) in Boston initiated an assessment to determine if Tamerlan Tsarnaev did indeed pose a terrorist threat. Such threat assessments are outlined in the Attorney General Guidelines for Domestic FBI Operations."

MS. CONRAD: All right.

MS. CONRAD: And, Ms. Sarr, if we could have the next page, please.

MS. CONRAD: Please continue.

SONYA PETRI: "Along with preliminary investigations and investigations. Each of these are respective categories of investigative activity increases in scope, with assessments being the least intrusive. In the course of their inquiry, the Boston JTTF checked U.S. government databases and other information to look for such things as derogatory telephone communications, possible use of online sites associated with the promotion of radical activity, associations with other persons of interest, travel history and plans, and education history. No links to terrorism were uncovered in these record checks and investigation of Tamerlan Tsarnaev's background. "The investigators then interviewed his parents and Tamerlan Tsarnaev himself. The FBI did not find any evidence of terrorist activity, and this information was provided to the Russian government in the summer of 2011."

MS. CONRAD: And please continue on to the next page.

SONYA PETRI: "(U) After the FBI's assessment of Tamerlan Tsarnaev found no links to terrorism, the Boston JTTF officially closed their assessment on June 24, 2011. In the summer of 2011, the FBI notified the Russian government that they had reviewed Tamerlan Tsarnaev and identified no links to terrorism. The FBI also requested that the Russian government provide 'more specific or additional information' that would indicate why Tamerlan Tsarnaev posed a threat. Federal officials have stated that the Russian government did not reply."

MS. CONRAD: Okay. And I think that's it for that document.

MS. CONRAD: If we could go on to Exhibit 3204A, please. And I belive this is being published to the jury? Can this be admitted, please?

(Defense Exhibit No. 3204A received into evidence.)

BY MS. CONRAD:

MS. CONRAD: So, Ms. Petri, can you tell us what 3204A is?

SONYA PETRI: Yes, it's an Unclassified Summary of Information Handling and Sharing Prior to the April 15th, 2013, Boston Marathon Bombings, which was prepared by the Inspectors General of the Intelligence Community and Central Intelligence Agency.

MS. CONRAD: And what's the date on that?

SONYA PETRI: April 10, 2014.

MS. CONRAD: And turning to the first page, please, starting under the portion that says "Introduction." Do you see that?

SONYA PETRI: Yes, I do.

MS. CONRAD: And then the next paragraph that you see on your screen, if I can just enlarge that for you and ask you to read that.

SONYA PETRI: Okay. "A decade earlier, Tamerlan and Dzhokhar Tsarnaev immigrated to the United States from Kyrgyzstan with their parents, Anzor Tsarnaev and Zubeidat Tsarnaev" -- "Tsarnaeva. Anzor Tsarnaev, an ethnic Chechen, and his wife, Zubeidat Tsarnaeva, and their son Dzhokhar Tsarnaev, arrived in the United States from Kyrgyzstan in 2002. They applied for and received an immigration benefit. The elder son, Tamerlan Tsarnaev, and his sisters, Bella and Ailina Tsarnaeva, arrived in the United States in 2003 and also received an immigration benefit. In the years that followed, all six family members became Lawful Permanent Residents of the United States."

MS. CONRAD: And let's go to the next paragraph.

SONYA PETRI: "Two years before the Boston Marathon bombings, Tamerlan Tsarnaev and Zubeidat Tsarnaeva came to the attention of the Federal Bureau of Investigation (FBI) based on information received from the Russian Federal Security Service (FSB). In March 2011, the FBI received information from the FSB alleging that Tamerlan Tsarnaev and Zubeidat Tsarnaeva were adherents of radical Islam and that Tamerlan Tsarnaev was preparing to travel to Russia to join unspecified underground groups in Dagestan and Chechnya. The FBI-led Joint Terrorism Task Force in Boston (Boston JTTF) conducted an assessment of Tamerlan Tsarnaev to determine whether he posed a threat to national security, and closed the assessment three months later having found no link or 'nexus' to terrorism."

MS. CONRAD: And going to the last paragraph on page 1?

SONYA PETRI: "In September 2011, the FSB provided the Central Intelligence Agency (CIA) information on Tamerlan Tsarnaev that was substantively identical to the information the FSB had provided to the FBI in March 2011. In October 2011, the CIA provided information obtained from the FSB to the the [sic] National Counterterrorism Center (NCTC) for watchlisting purposes, and to the FBI, Department of Homeland Security (DHS), and the Department of State for their information. Upon NCTC's receipt of the information, Tamerlan Tsarnaev was added to the terrorist watchlist."

MS. CONRAD: And if we can go to the next page of this excerpt, I think it would just be the first paragraph on that page.

SONYA PETRI: Okay. "Three months later, Tamerlan Tsarnaev traveled to Russia, as the lead information stated he was preparing to do. However, Tsarnaev's travel to Russia did not prompt additional investigative steps to determine whether he posed a threat to national security."

MS. CONRAD: And if we can go to the next page of the excerpt, which is, I believe, page 7 of the actual document. Before I do that -- I don't know -- did we say who prepared this document? Did I ask you that?

SONYA PETRI: I believe we did.

MS. CONRAD: Okay. We did or did not?

MS. CONRAD: Okay. Thank you. So starting with Paragraph IV, roman numeral IV, "Chronology of Events." Let's see if we could do two paragraphs at once.

SONYA PETRI: "Chronology of Events. In this section, we summarize the chronology of events relating to the U.S. government's knowledge of and interactions with Tamerlan Tsarnaev, members of his family, and other associates before the bombings. Many of the activities and events that occurred during the period discussed below cannot be included in this unclassified summary.

MS. CONRAD: Let me stop you there because I think the next paragraph is similar to one you already read.

MS. CONRAD: Please read that last paragraph on the page.

SONYA PETRI: With the heading "Receipt of Information" --

SONYA PETRI: -- "from the Russian Government"? "In 2011, two years before the Boston Marathon bombings, Tamerlan Tsarnaev and Zubeidat Tsarnaeva came to the attention of the FBI based on information received from the FSB. In March 2011, the FBI Legal Attaché," with the acronym LEGAT, "in Moscow received a memorandum in Russian from the FSB regarding Tamerlan Tsarnaev and Zubeidat Tsarnaeva. According to the English translation used by the FBI, the memorandum alleged that both were adherents of radical Islam, and that Tamerlan Tsarnaev was preparing" --

MS. CONRAD: Can we go to the next page, please, which I believe is page 8 of the document. "Was preparing" was the last thing.

SONYA PETRI: -- "was preparing," next page, "to travel to Russia to join unspecified 'bandit underground groups' in Dagestan and Chechnya and had considered changing his last name to 'Tsarni,'" T-S-A-R-N-I. "The Russian authorities provided personal information about both Tamerlan Tsarnaev and Zubeidat Tsarnaeva, including their telephone numbers and email addresses, and requested that the FBI provide the FSB with specific information about them, including possible travel by Tsarnaev to Russia."

MS. CONRAD: And the next paragraph, including the heading, please?

SONYA PETRI: The heading is "Opening and Conduct of the FBI's Assessment." "The Boston JTTF subsequently conducted an assessment of Tamerlan Tsarnaev to determine whether he posed a threat to national security. The FBI Special Agent (CT Agent) who handled the assessment memorialized the steps he took in the assessment in an incident report maintained in the FBI's Guardian," capitalized, "system, which is the FBI's threat tracking and management system for counterterrorism assessments. "The CT Agent conducted database searches, reviewed references to Tsarnaev and his family in closed FBI counterterrorism cases, performed 'drive-bys' of Tsarnaev's residence, made an on-site visit to his former college, and interviewed Tsarnaev and his parents."

MS. CONRAD: Thank you. That's it for that document.

MS. CONRAD: And if we could move on, please, to 3202A. And this is just for the witness, please?

MS. CONRAD: And, Ms. Petri, do you recognize what this document is?

MS. CONRAD: What is it?

SONYA PETRI: It is an FBI 302.

MS. CONRAD: And can you tell us who was -- whose interview is summarized in this report?

SONYA PETRI: The interview of Magomed Kartashov, spelling is, first name, M-A-G-O-M-E-D, last name spelling K-A-R-T-A-S-H-O-V.

MS. CONRAD: Can you tell us where that took place? And you should probably spell some of this, too.

SONYA PETRI: Okay. It took place in Moscow at the FSB administrative building in Dagestan.

MS. CONRAD: I'm sorry. It says at approximately 1600 hours Moscow time, but can you please read the address where it took place?

SONYA PETRI: Yes. FSB Administrative Building, 7 Rasul Gamatov Street. Rasul is R-A-S-U-L, G-A-M-V-A-T-O-V.

MS. CONRAD: And in what city?

SONYA PETRI: In Makhachkala.

MS. CONRAD: Makhachkala?

SONYA PETRI: Thank you, yes.

MS. CONRAD: And can you spell that, please?

SONYA PETRI: Yes. M-A-K-H-A-C-H-K-A-L-A.

MS. CONRAD: And where is that located?

SONYA PETRI: In Dagestan, Russia.

MS. CONRAD: Can you spell "Dagestan," please?

SONYA PETRI: Sure. D-A-G-E-S-T-A-N.

MS. CONRAD: Can you tell by looking at this report on what date this interview was conducted and who conducted it?

SONYA PETRI: It was conducted June 5th, 2013, by Minnich, M-I-N-N-I-C-H, and Brissey, B-R-I-S-S-E-Y.

MS. CONRAD: And this is a 302, the official FBI form that we've seen before?

MR. WEINREB: Objection, your Honor. I don't think we should be having questions and answers with the witness about -- she's here to read.

THE COURT: No, I agree with that. I think it has been identified as an FBI 302.

BY MS. CONRAD:

MS. CONRAD: So I'm going to ask you to read this paragraph, please.

SONYA PETRI: Okay. "Tamerlan Tsarnaev (Tamerlan) was his relative on his mother's side. Tamerlan's mother is Kartashov's second cousin. In Dagestan, the difference between second and third cousins doesn't really matter. Kartashov grew up living with his grandmother in the village of Yasnaya Polyana in the Kizylar region. He lived across the street from Zubeidat Tsarnaeva's grandmother. The last time he saw Tamerlan before 2012 was when Tamerlan was approximately ten years old and Dzhokhar Tsarnaev (Dzhokhar) was approximately three or four. "After that time, the Tsarnaev family emigrated to the U.S. Kartashov claimed that he had no communication with them until Tamerlan came to Russia saying, 'I never called them and they never called me.'"

THE COURT: Let me just interrupt to remind the jury this is an FBI 302 report. This is a record of what the person interviewed said to the FBI. These aren't findings, but they're a record of what was said.

BY MS. CONRAD:

MS. CONRAD: And I just -- I think I skipped over something. Can you just read the second sentence in that paragraph, please?

SONYA PETRI: Starting, "He stated"?

SONYA PETRI: "He stated that it was his 40th day in jail."

MS. CONRAD: And "he" refers to?

SONYA PETRI: Kartashov.

MS. CONRAD: Let's go down to the bottom, second-to-last -- or the last full paragraph on the page.

SONYA PETRI: "Kartashov learned about Tamerlan's being in Russia about two months after Tamerlan arrived. Kartashov heard from his relatives that Tamerlan had been in Dagestan since January 2012. He learned Tamerlan's phone number from a relative that said Tamerlan had come from America."

MS. CONRAD: And the next paragraph?

SONYA PETRI: "Kartashov first saw Tamerlan when he visited his uncle, grandmother and aunt in Kizylar."

MS. CONRAD: Can you spell "Kizlyar," please?

SONYA PETRI: Yes. K-I-Z-L-Y-A-R. "He and Kartashov got together at the same time. Tamerlan came to Kizylar in a car with Rizvan Mamakaev" -- Mamakaev -- spelled R-I-Z-V-A-N, M-A-M-A-K-A-E-V. "When he first saw Tamerlan, they hugged. Kartashov did not recognize him."

MS. CONRAD: Next page, please? Well, I'm sorry. The last two words on that were?

SONYA PETRI: "Last time."

MS. CONRAD: And continuing on to the next page?

SONYA PETRI: "He had seen Tamerlan he was about ten, and now he was a 'big guy.' He and Rizvan may have shown up around 1700 or 1800 hours and stayed over at the Kartashov's house. The next day Tamerlan visited his other relatives." "Kartashov's brother invited them all over for dinner, during which time they had a conversation. Tamerlan asked Kartashov if he was making videos about Islam. Tamerlan then asked Kartashov if he had any radical connections to Islam or contacts with the people in the forest. Kartashov told Tamerlan that he did not have radical connections to Islam. Kartashov believes Tamerlan may have asked the same questions of other people."

MS. CONRAD: Reading the next paragraph, please?

SONYA PETRI: "Tamerlan was under the impression that there was jihad in the streets. Tamerlan's expectations of how it was going to be when he came to Dagestan came from the Internet that came from" -- excuse me, "Internet sites like Kavkaz Center."

MS. CONRAD: Spell that, please?

SONYA PETRI: K-A-V-K-A-Z, Center, common spelling. "Tamerlan came to Russia with the intention to fight jihad in the forest. Kartashov told him to stop talking like that, saying, 'I told him to stop or you won't make it to the next tree.' Tamerlan was convinced of his way, and Kartashov was convinced of his way. Kartashov accused Tamerlan of preaching radical Islam, and they started an argument about Islam. Kartashov started asking questions to see how well Tamerlan knew Islam. They talked about praying five times a day, how to do namaz, or Islamic prayer."

MS. CONRAD: Spell "namaz," please.

SONYA PETRI: Yes. N, as in "Nancy," A-M, as in "Monday," A-Z. "Tamerlan stated that he just did namaz the way he was taught. Kartashov asked Tamerlan what he knew about jihad. Kartashov then explained to Tamerlan how jihad could be the attack type, defending, state, et cetera. Tamerlan told Kartashov that he did not know the nuances of jihad. Tamerlan said he did not really need to know about the different forms of jihad. Tamerlan told Kartashov, 'I came here to get involved in jihad.' "Tamerlan told Kartashov that he could not argue with Kartashov and that he was not on the same level as Kartashov. Tamerlan claimed that he could not deny what Kartashov was saying because he had good arguments. "To give an example of what he and Tamerlan talked about, Kartashov told Tamerlan that even when Muhammad was beaten, he talked about patience and not answering aggressively. After that discussion, Tamerlan kind of closed up, and there were no more discussions of jihad. Tamerlan stayed at Kartashov's house and Risvan left."

MS. CONRAD: And continuing to the next page, please?

SONYA PETRI: Can you adjust the screen so I can see, please?

MS. CONRAD: Yes. Sorry about that.

SONYA PETRI: Thank you. "Kartashov came to MK later that week. He and Tamerlan called each other, and Kartashov went to see Tamerlan at his parents' apartment. They again started talking about 'that stuff.' Tamerlan wanted to know more about Kartashov's arguments. Kartashov had become concerned when Tamerlan told him why he had come to Russia. Tamerlan wasn't aware of the reality in Dagestan. Everyone was concerned. If you looked at Tamerlan, you knew that he didn't really understand and that he had just watched a lot of videos on the Internet. Kartashov stated, 'If you ask me, he was an open person.' Tamerlan would talk openly about wanting to join jihad."

MS. CONRAD: And the last paragraph on that page?

SONYA PETRI: "They were in Kizylar when Tamerlan's mother, Zubeidat, called him before they left. Tamerlan told her that he was in Kizylar visiting relatives and that Kartashov was there too. Zubeidat asked Tamerlan to pass the phone to Kartashov. She greeted Kartashov and asked him to please watch out for Tamerlan. Kartashov then said that was why he called Tamerlan and saw him regularly."

MS. CONRAD: The next page?

SONYA PETRI: "Kartashov lives in Kizlyar, which is approximately 140 kilometers from MK. Kartashov estimated that he saw Tamerlan ten to 15 times during Tamerlan's 2012 trip to Russia, but said that he cannot be sure on the number."

MS. CONRAD: Let me go to the next paragraph.

SONYA PETRI: "Kartashov again mentioned that 'those talks' didn't come out anymore. He said that 'they' didn't just disappear by themselves. He and Tamerlan would talk for an hour or two. Kartashov would give his argument, and Tamerlan would give his argument. Kartashov required that the arguments be based on the Qur'an. Tamerlan wasn't up to the arguments. Tamerlan stated, 'You have convinced my head, but my heart still wants to do something.'"

MS. CONRAD: And if we could go to the next page, please, the first paragraph?

SONYA PETRI: "Before Tamerlan left, he said he was going to register a page on" -- I'm not going to be able to do that one. I will spell it: O-D-N-O-K-L-A-S-S-N-I-K-I -- "so that it would be cheaper to communicate through the Internet. About one month or a month and a half after Tamerlan returned to the U.S., he registered a page and sent a note to his friends. The account TamerlanTsarnaev sent a note, 'Okay. I registered.' "Kartashov received two phone calls from Tamerlan via Skype to his phone number. One call was for 20 minutes. They got cut off after 20. They asked each other what they were doing. Tamerlan told Kartashov about an incident he had with an imam at a mosque in Boston. Kartashov claims that he asked Tamerlan why he got into that type of trouble and why he needed to do that. "The last time Kartashov talked to Tamerlan was about one and a half months before the explosion in Boston. Russian television showed everything happening in Boston live. Kartashov stated that he saw the bombing. Tamerlan and his family are the only relatives Kartashov has that were abroad. Kartashov said, 'I had a thought,' and it occurred to him, upon seeing that the bombing was in Boston, that it could have been Tamerlan. Kartashov stated, 'When he left, he was kind of normal.'"

MS. CONRAD: Going to the next page, please?

SONYA PETRI: "Kartashov stated that when Tamerlan arrived in Russia, he was already thinking about jihad and looking to do something. When asked who could have planted the thoughts in Tamerlan's head, Kartashov said, 'I know for a fact that it was the Internet site Kavkaz Center and the lectures of Anwar al-Awlaki. Tamerlan told Kartashov that he listened to 'so many' lectures from Awlaki and that he regularly used Kavkaz Center. "Kartashov then said, 'It wasn't like he was really asking me questions. My convictions are different, and I knew that what he was thinking was a dead-end.'"

MS. CONRAD: Going to the next page, please. And focusing on the first paragraph.

SONYA PETRI: "When Kartashov talked to Tamerlan on the phone, Tamerlan told him that his wife works all day while he stays home and watches the kid. Tamerlan also talked about training at the gym. Kartashov said they talked about an African-American person that Tamerlan was trying to recruit, or convert, to Islam. "Kartashov claimed that the first time he saw Tamerlan was a couple of months after her arrived in Russia. Kartashov believed it must have been March 2012. Tamerlan had on a raincoat and glasses and looked like an American."

MS. CONRAD: Does that look like a typo, "after he arrived in Russia"?

SONYA PETRI: Yes, it does.

MS. CONRAD: And the last sentence on that page?

SONYA PETRI: "Kartashov said that when he came to see Tamerlan in MK, that Rizvan was practically always there."

MS. CONRAD: And going to the next page?

SONYA PETRI: "Rizvan and Tamerlan were friends, relatives, and had a normal relationship. Kartashov stated that at least 50 percent of the ten to 15 times he saw Tamerlan in MK, Rizvan was with him. "Kartashov stated that every Muslim knows the formula, that there is no God but Allah and Muhammad is his Prophet."

MS. CONRAD: And the next page, please?

SONYA PETRI: "Kartashov stated that Tamerlan wanted to go to Syria, and he did not know why Tamerlan didn't go to Syria. Kartashov didn't say anything to Tamerlan about Syria. When asked if Tamerlan was supporting fighters in Syria" --

MS. CONRAD: I'm sorry. Stop right there. I didn't mean to have you read that sentence. My apologies. And the next portion, please?

SONYA PETRI: "In regard to Syria, Tamerlan had no knowledge and 'knew nothing.' "Kartashov did think it was strange that Tamerlan talked to him about jihad on the first night. Kartashov said, "I am telling you the truth, when he was leaving, no one would suspect he was." When asked what Risvan's response was to Tamerlan's discussion at the dinner table, Kartashov stated that Risvan was quiet. When Tamerlan started changing, Risvan told Kartashov, 'Thank you very much. I was trying to think how to change him.' "Kartashov further indicated that Risvan said, 'Thank you, brother. I thought they were going to come and get us all.' Kartashov judged by Risvan's words that" --

MS. CONRAD: Sorry. I'm going to stop you there also. And to the next sentence, please?

SONYA PETRI: "Tamerlan was bragging about being some type of boxing champion, but Kartashov did not take him seriously and dismissed his claims as unimportant."

MS. CONRAD: And the last paragraph, please?

SONYA PETRI: "Tamerlan was bragging" --

MS. CONRAD: The next?

SONYA PETRI: Pardon me. "When asked why Tamerlan wanted to go to the forest, Kartashov said Tamerlan felt that jihad was mandatory today. Tamerlan knew some ayats," phonetic, "and some parts of the Qur'an separately."

MS. CONRAD: Can you spell "ayats," please?

SONYA PETRI: Yes. A-Y-A-T-S.

MS. CONRAD: And the last words on that page?

SONYA PETRI: "There was a particular" --

MS. CONRAD: Next page, please?

SONYA PETRI: -- "one that Tamerlan used that said, Cut off -- "Cut their heads and make them kneel in front of you.'"

MS. CONRAD: And just the next sentence, please? Not the last sentence.

SONYA PETRI: Okay. "He had no knowledge of where it came from and that it was not supposed to be literal.

MS. CONRAD: And the next -- sorry.

SONYA PETRI: "Kartashov claimed that anyone who talks to Risvan acquires knowledge. In regard to Zubeidat, Kartashov does not think you can tell she is 'such as an Islamist' and that she doesn't even cover properly. Tamerlan's sisters don't know much about Islam. "Kartashov claimed that just based off of conversations with Tamerlan, he realized that Tamerlan's decision to pursue jihad was 'not a decision he made yesterday.'"

MS. CONRAD: And the --

SONYA PETRI: "Kartashov became concerned when Tamerlan was registered within a private group on Odnoklassniki, to which Kartashov could not get access. The name of the group is in Arabic and makes reference to heaven."

MS. CONRAD: Can you spell -- I'm going to try to -- Odnoklassniki?

SONYA PETRI: Yes, I can spell that. O-D-N-O-K-L-A-S-S-N-I-K-I.

MS. CONRAD: And on to the next page, please?

SONYA PETRI: "Tamerlan's outburst at the mosque in Boston was over an imam saying that Independence Day is 'our holiday too.' Tamerlan said, 'What are you talking about? This is nonsense.' Kartashov said that the imam did not want to argue with him. When asked if there was anyone who took Tamerlan's side during the despite and walked out of the mosque with him, Kartashov said no."

MS. CONRAD: Do you think that should be "dispute"?

SONYA PETRI: I do. "Kartashov claimed that he asked Tamerlan 'What is the purpose? Why are you doing this?' "In the time period between December 2012 and April 2013, Kartashov noticed changes on Tamerlan's Odnoklassniki web page. Kartashov did not notice changes in his actual conversations with Tamerlan. "Tamerlan posted a video from Kavkaz Center that was insulting toward a deceased local leader in Dagestan. The leader was murdered and Kartashov took Tamerlan's post to be insulting toward him. Tamerlan and Kartashov had a dialogue related to the posting and Kartashov asked him why he was provoking things. The conversation was on Odnoklassniki chat where they corresponded by typing. Tamerlan also posted an Aulaqi speech that was critical of Hizbut Tahir."

MS. CONRAD: As written here, how is "Aulaqi" spelled?

SONYA PETRI: A-U-L-A-Q-I.

MS. CONRAD: And Hizbut Tahir?

SONYA PETRI: H-I-Z-U-T, T-A-H-I-R.

MS. CONRAD: Please continue.

SONYA PETRI: "In the speech, Aulaqi criticized Hizbut Tahir for rejecting jihad."

MS. CONRAD: And the next page?

SONYA PETRI: "Kartashov again wrote to Tamerlan. Based on Tamerlan's answers and the fact that he posted the videos, Kartashov knows that Tamerlan was still using Kavkaz Center."

MS. CONRAD: And the next two paragraphs?

SONYA PETRI: "Kartashov did have concerns about Tamerlan. He did not tell anyone about his concerns related to Tamerlan because he did not feel his concerns were to a degree where it warranted discussing it with someone. "The first thing that occurred to Kartashov when he saw the bombing in Boston, was Tamerlan's closed group on Odnoklassniki. The group was named similarly to Riyad Hasalideen" --

MS. CONRAD: Can you spell it, please?

SONYA PETRI: R-I-Y-A-D, H-A-S-A-L-I-D-E-E-N -- "but did not have that ending. The name had to do with heaven in Arabic. Kartashov was very concerned that Tamerlan was participating in a closed group. Kartashov tried to join the group but was not able to do so."

MS. CONRAD: I have nothing further on this exhibit. I'd like to move on to 32 -- I'm sorry -- 3063A. And if we could also show on the screen 3063, which is in evidence. And I would ask that 3063A, which is the English translation, be published to the jury and admitted -- or admitted and published to the jury, probably is the right order.

THE COURT: Yes, all right.

(Defense Exhibit No. 3063A received into evidence.)

MS. CONRAD: May I proceed?

MS. CONRAD: Thank you.

So, first, can you put on the screen, please, Miss Sarr, 3063 by itself.

BY MS. CONRAD:

MS. CONRAD: And can you read that?

SONYA PETRI: I can see there's a document, but I cannot read it.

MS. CONRAD: And do you see --

MS. CONRAD: If we could just turn it sideways for a second. Is that possible? And zoom in on the little sticker at the bottom that says "FBI." So the "FBI" is the right way up.

MS. CONRAD: Okay. If you'd turn your head sideways, can you see the number that starts with Q?

SONYA PETRI: Yes, I can.

MS. CONRAD: And what is that?

SONYA PETRI: It reads Q685.1.

MS. CONRAD: Okay. Thank you.

MS. CONRAD: And, Ms. Sarr, can you now display that document with 3063A next to it, please?

MR. WEINREB: Your Honor, before we get too far away from that 302, we would ask the Court give the jury an appropriate instruction as it did yesterday about --

THE COURT: Well, I don't think it's necessary to repeat the whole thing. I do remind the jury that it was a report of an interview of what somebody said. It's under circumstances different from when you see a live witness saying things that can be observed and can be cross-examined on. So keep those things in mind as you evaluate that kind of testimony.

BY MS. CONRAD:

MS. CONRAD: And showing -- looking at 3063A, does it look like the format of that first paragraph, and the paragraph structure tracks what's on 3063?

MS. CONRAD: Okay. And I'm going to ask you, then, to read the first paragraph of 3063A.

SONYA PETRI: "Fight them, and Allah will punish them with your hands and degrade them and grant you victory over them. And heal (the pain) in the chest of the believers and remove anger (accumulated) in their hearts and accept the repentance from the one who wishes it so. And Allah - Knowing Sage. (Repentance, 14-15)"

MS. CONRAD: And it looks to be a citation of some sort?

MS. CONRAD: And going to the next paragraph?

SONYA PETRI: "If Allah supports you, then no one can overcome you. If He takes his support away from you, then who will help you instead of him? May the believers put their trust in Allah. (The Family of Imran 16)"

MS. CONRAD: And then the next paragraph?

SONYA PETRI: "Among those who believe, there are men who are faithful to the covenant that they made with Allah. Among them, there are those, who have already fulfilled their obligations, and those who are still waiting, but they do not betray their covenant. (Sonmy, 23)"

MS. CONRAD: Would you spell "sonmy"?

SONYA PETRI: Yes, S-O-N-M-Y.

MS. CONRAD: And the next paragraph?

SONYA PETRI: "Indeed, Allah has dominion over the sky and of the earth. He gives life and killeth. Without Allah, you have no guardian and no helper. (At-Taubah, 116) "March forth, whether this is easy for you or burdensome, and fight on your path toward Allah, with your property and with your souls. This way will be better for you, if you only knew. (Taubah, 41)"

MS. CONRAD: And is there a second page to that document, I believe?

(Counsel confer off the record.)

MS. CONRAD: And, again, it looks like it's the same paragraph structure?

SONYA PETRI: Not for this page.

MS. CONRAD: One second. All right. Let's try it now. How about now?

SONYA PETRI: Now it does, yes.

MS. CONRAD: Okay. And I'm going to ask you to read from the second page of 3063A.

MS. CONRAD: The first two paragraphs.

SONYA PETRI: "For truly, the Prophet (may Allah bless him and welcome him) has explained that Muslims, in their mutual love and mutual mercy, are like one body, and if one of the organs becomes ill, then the whole body becomes ill with fever and sleeplessness. "Muslims are destroyed, their blood is spilled night and day, O, brothers."

MS. CONRAD: And please continue?

SONYA PETRI: "All we need is Allah, and, O, how perfect is this guardian. "O, Allah, you are our relief and our hope. "O, our lord, we do not hope for any relief except for that which is coming from you. "There is no strength or power in anyone except Allah. "The almighty Allah says: 'Do not fear people, fear me, and do not sell my revelations for a small price. Those who do not make decisions in accordance with what was written by Allah, are unbelievers.' (5;44) "They will fight on their way to Allah, and do not fear condemnation. (5;54)"

MS. CONRAD: Can we, at this time, introduce -- display 3064, which is in evidence, but introduce the contents, which is 3064, and introduce 3064A, which is the translation?

THE COURT: All right.

BY MS. CONRAD:

MS. CONRAD: And if we could look at 3064 first, please, and just look at the number on the side by the FBI sticker?

MS. CONRAD: And can you read us the number that begins with Q for that?

SONYA PETRI: Yes, I can. Q708.

MS. CONRAD: And can we then turn to 3064A and also display first the matching page from 3064.

And can we enlarge 3064, that first page, for a minute, please? No, 3064. "The Russian."

MS. CONRAD: And I take it you can't read that?

SONYA PETRI: I cannot.

MS. CONRAD: Okay. So can I ask you to read the first page of 3064A, please?

SONYA PETRI: Yes. "Can I have it? He doesn't. [Illegible]. "They have surpassed all human capabilities. "May your mind not be clouded by pride, for it will deceive and knock you off the righteous path. Do not wait. All grace belongs to Allah, and he is the distributor of rewards. "We will go down this road. If we see worry on the faces of our commanders, he added: Do not let yourself relax. Know that Allah will help you according to your service. And nothing will scare Muslims, as long as they have the support of Allah. "Reasonable people would never dare do something like this, at least not at this time of the year, not with such huge numbers, and not when the fate of Syrian Muslims is hanging in the balance and depends on their appearance. However, reasonable people never acquire the greatest glory."

MS. CONRAD: Let's go to the next page, please. And I'm just going to ask you -- I'm sorry. And I'm just going to ask you -- sorry. I'm just going to ask you to read the last sentence. Oh, no. I'm sorry. Excuse me. The second-to-last sentence.

SONYA PETRI: "I am fighting so hard, because my heart is burning up in flames."

MS. CONRAD: And if we could go to the next page, please. I think we need the next page of 3064A with 56479 on the bottom.

MS. CONRAD: Okay. And I'm just going to ask you to read the first paragraph.

SONYA PETRI: "O, warriors of Islam! The time has come for you to endure. Weakness and cowardice lead to dishonor, but the one who stands deserves the help of Allah. The one who endures the blows of the sword, will be glorified, and His work will be rewarded, when he comes before the lord. Verily, Allah loves persistent."

MS. CONRAD: Actually, let's go to the next page, please. Can you read that first sentence?

SONYA PETRI: "The night went by peacefully, if one can speak of exhausted, battle-wounded people as being peaceful, people who forced themselves to do wonders that are beyond the boundaries of human strength and possibility."

MS. CONRAD: And the next line?

SONYA PETRI: "If Syria," with a translator's note: "Could also be Sariiya," "military group."

MS. CONRAD: Next page, please. And I would ask you to read the last paragraph.

SONYA PETRI: "The almighty says: And we will most certainly test you, in order to find out (who) among you will fight and endure. (Muhammad, 31)."

MS. CONRAD: And the next page, too. Can you please read that paragraph, the first paragraph?

SONYA PETRI: Yes. "Mudzhahed always returns to battle, but not because he is stubborn. Mudzhahed remembers the words of one warrior: 'There was a time when I listened to stories about someone's courage. There was a time when'" --

MS. CONRAD: I'm sorry. I think I cut that off. Let me try again.

SONYA PETRI: Thank you. "There was a time when I simply lived, only because I had to live. And now I live because I'm a warrior and because someday I want to stand before the one for whom I fought so much."

MS. CONRAD: And the next page, please? I'm sorry. Sorry. Can we go back for one second? I forgot something. We can skip the other one. I'd just ask you to read the last paragraph on that page.

SONYA PETRI: "And Mudzhahed does not ask others for permission to swing his sword and simply takes it into his own hands" -- I'm sorry -- "takes it into his hands."

MS. CONRAD: And the next page, please? And if you could just read the first paragraph?

SONYA PETRI: "Once Mudzhahed begins the jihad, he goes until the end. His motto: Victory or heaven."

MS. CONRAD: And the next page, please?

THE COURT: Ms. Conrad, can I interrupt to ask how much more you have of this?

MS. CONRAD: I'm only reading a sentence from each page, but I still have about eight more.

THE COURT: I think we'll take the morning recess.

COURT CLERK: All rise for the Court and the jury. The Court will take the morning recess.

(The Court and jury exit the courtroom and there is a recess in the proceedings at 11:27 a.m.)

COURT CLERK: All rise.

(The Court and jury entered the courtroom at 12:05 p.m.)

THE COURT: Go ahead.

MS. CONRAD: Miss Petri, I'd like to resume with Page 9 of Exhibit 3064A, which I think you can see on your screen.

SONYA PETRI: Yes, I can.

MS. CONRAD: Okay. I'm going to ask you to read this paragraph. By the way, you see a little star in front of that?

MS. CONRAD: And do you also see that -- did you also see that on the other side? Let me just do that real quick.

SONYA PETRI: Yes, I do.

SONYA PETRI: "The Almighty says: How many small units defeated units with many soldiers, with Allah's permission! Truly, Allah is with the patient."

MS. CONRAD: Let's go onto the next page, please, Page 10. On this one, I think I'm going to ask you to read the whole page.

MS. CONRAD: Well, that's not what I wanted to do.

SONYA PETRI: "Fear. Allah (S.W.T.) says, 'don't be afraid that they will win over you, fear only Me, and do not deviate from my laws...' (Al Maidah, 3). "Allah (S.W.T.) says, and We will inspire fear in the hearts of those who did not believe, because along with Allah, they worshipped things for which He did not give any reasons. (The family of Imran, 151) Mudzhahid knows all."

MS. CONRAD: And the next one, please? Can you read just the one paragraph, please?

SONYA PETRI: "Mudzhahid is always calm: nothing on earth can frighten him and nothing has the power to store him, for he is on the Righteous Path and Truth is with him."

MS. CONRAD: And -- I'm sorry. I want to go to the last paragraph on that page.

SONYA PETRI: "Allah (S.W.T.) says: "Muhammad, the messenger of Allah, and those who are with him, are severe in relationship to the unbelievers, and merciful between themselves. (Victory, 29)"

MS. CONRAD: And the next page, please?

SONYA PETRI: "Friends ask mudzhahid, where does he draw all of his energy from? 'From faith in the boundless mercy of Allah (S.W.T.) toward his slave, that He will not leave him without help and support on His Righteous Path. And that with the mercy of Allah (S.W.T.) you can overcome this whole world by yourself - he answers. This faith is the source of strength for mudzhahid."

MS. CONRAD: And the next page, please, Miss Sarr.

SONYA PETRI: "Mudzhahid spent a long time dwelling in a dream and is now slowly waking up, and getting used to the light of Truth. The light no longer scares him and he accepts the Righteous Path, though this means that he will have to suffer, endure hardship and take risks."

MS. CONRAD: And the next paragraph, please?

SONYA PETRI: "Quran 9:38. 'O' you who believe! What is the matter with you, that when you are asked to go forth in the cause of Allah [Jihad] you cling heavily to this earth? Do you prefer the life of this world to the Hereafter? but little is the comfort of this life, as compared with the Hereafter."

MS. CONRAD: And can we skip the next page and go to -- I think it would be Page 15.

SONYA PETRI: "O Allah, give us patience and fear before You, so that we do not fear anything or anyone except You! "O Allah, free us completely from our attachment to life on earth, and bring our hearts closer to the hereafter! O Allah, give the mudzhahid everything they require, increase their ranks, fortify their spirit and unify them!"

MS. CONRAD: And the next page, please.

SONYA PETRI: "O Allah, free all Muslims who are held captive by the kafir (infidel) and the murtad (apostate)."

MS. CONRAD: If we can skip down to the last page, please, of the document. Can we just bring up the 3046, the handwritten version first, please?

MS. CONRAD: This is the last -- appears to be the last page in the notebook?

MS. CONRAD: That's in English, right?

SONYA PETRI: Yes, it appears to be.

MS. CONRAD: And can you read that, please?

SONYA PETRI: Yes. I believe it says --

MS. CONRAD: Do you want -- I can make it bigger.

SONYA PETRI: Thank you. "Say. He is Allah, the one and only Allah, the eternal, absolute. He" --

MS. CONRAD: Begetteth?

SONYA PETRI: "Begetteth," thank you, not who is --

SONYA PETRI: "Nor is he begotten, and there is none like unto him."

MS. CONRAD: And can you look at this, please? Can you read that?

SONYA PETRI: I would be guessing.

MS. CONRAD: Let's look at the translated page, please.

SONYA PETRI: Thank you.

MS. CONRAD: And so those last four repeated lines?

SONYA PETRI: "Zahira, Zahira, Zahira, Zahira," and the letter P.

MS. CONRAD: I don't have anything more from Miss Petri at this time, your Honor. Thank you.

SONYA PETRI: Thank you.

THE COURT: All right. Thank you. You may step down.

MR. WATKINS: Your Honor, the defense calls Michael Sullivan.

COURT CLERK: Sir, you want to step up here, please. Step up to the box, if you would. Remain standing. Raise your right hand.

Continue to next page6.Michael Sullivan — Direct