4.Alexander Niss — Direct
245 linesALEXANDER NISS, duly sworn through the interpreter
COURT CLERK: Have a seat. State your name and spell your first and last name for the record, keep your voice up and speak into the mic.
ALEXANDER NISS: So my name is Alexander Niss. First name Alexander, like in English, through X; and Niss, N, like "Nancy," I-S-S.
DIRECT EXAMINATION BY MS. CLARKE:
MS. CLARKE: Dr. Niss, I understand that you speak English and you speak other language. You're comfortable in Russian and English?
ALEXANDER NISS: More in Russian, but I'll try to speak English here.
MS. CLARKE: We have the interpreter if you need to use the interpreter's services. Thank you. Dr. Niss, where do you currently work?
ALEXANDER NISS: Right now I work in Hollywood Mental Health Center in Los Angeles. And this is County Mental Center, and one day I have private practice.
MS. CLARKE: Private practice in psychiatry?
ALEXANDER NISS: In psychiatry, of course.
MS. CLARKE: You -- I take it you have a medical degree?
ALEXANDER NISS: Yes, I have -- you know, in Russia I have several medical degree because a medical degree as a physician I got after graduation of medical school in 1967. But after that, I defended two dissertations, I had two more medical degree, but they don't exist in the United States.
MS. CLARKE: So you got your medical degree in Russia, in Moscow?
ALEXANDER NISS: Yes.
MS. CLARKE: All right. Can you tell the jury just a little bit about the training you received in Russia as a physician?
ALEXANDER NISS: So I had medical school. This is six years. Then one-year internship, then four years of residency and one year in forensic psychiatry fellowship.
MS. CLARKE: And then after you completed your training, where did you work? Did you stay in Moscow and work?
ALEXANDER NISS: I work most -- mostly I work in Moscow psychiatric research institute based on the big psychiatric hospital. So I did a lot of research but with people. This is clinical research.
MS. CLARKE: Primarily, your practice was treating patients?
ALEXANDER NISS: Treating, diagnosing.
MS. CLARKE: And what positions did you hold at the --
ALEXANDER NISS: I was the chief of department last years. And between '92 and '94, I left this institute and I worked as the chief of department of alcoholism and psychotherapy in international Netherlands-Russian medical company.
MS. CLARKE: And then at some point did you immigrate to the United States?
ALEXANDER NISS: Yes. I came to the United States in '94.
MS. CLARKE: And why did -- can you tell the jury why you came to the United States?
ALEXANDER NISS: Following my family, mostly my son, because his fiancée was in Los Angeles by that time, and so it was his decision. And after that, all family and my parents, too, all of us came to the United States.
MS. CLARKE: And you came to Los Angeles, it sounds like?
ALEXANDER NISS: Yes.
MS. CLARKE: Did you then become licensed to practice psychiatry in the United States? I mean, you were how old when you came to the U.S.?
ALEXANDER NISS: I was 50.
MS. CLARKE: With a rather substantial career behind you?
ALEXANDER NISS: Sorry?
(The question was translated through the interpreter.)
ALEXANDER NISS: Yes, but I had to start everything, all the tests and -- plus residency. That's why I was in Boston, in St. Elizabeth Medical Center.
MS. CLARKE: So you did the training in the United States to become a licensed psychiatrist in the U.S.?
ALEXANDER NISS: Yes.
MS. CLARKE: Can you tell us a little bit about what you had to do to do that?
ALEXANDER NISS: So I was two years -- from 2001st until 2005th I was in the Boston St. Elizabeth Medical Center; two years in inpatient psychiatry; and two last years in outpatient psychiatry.
MS. CLARKE: So you did your residency as sort of --
ALEXANDER NISS: Yes, this is my residency.
MS. CLARKE: -- a second-career residency in Boston for four years?
ALEXANDER NISS: Yes. Yes.
MS. CLARKE: Is that when you met Anzor Tsarnaev?
ALEXANDER NISS: Yes, I met him in 2003. He came to me -- I started this outpatient practice in September, so pretty soon he came to me and was -- was under my care until June or -- yeah, June 2005.
MS. CLARKE: So you had Anzor Tsarnaev under your care here in Boston for about two years?
ALEXANDER NISS: Yes.
MS. CLARKE: And what -- can you tell us -- can you tell the jury what the presenting problem was, why you were treating Anzor?
ALEXANDER NISS: He was very sick guy.
MR. CHAKRAVARTY: Objection to the social history that led to his diagnosis.
THE COURT: Overruled. As long as it was relevant to the diagnosis and treatment.
MS. CLARKE: Yes.
ALEXANDER NISS: So --
BY MS. CLARKE:
MS. CLARKE: Just what the presenting problem was, why you were treating him.
ALEXANDER NISS: His main problem was posttraumatic stress disorder as he was -- it was time of Russian-Chechen wars, and he came from the Kirgizia, where he was born, to Chechen republic. According to him, he was close to Dzhokhar Dudayev, first president of Chechnya.
MS. CLARKE: So he explained some of his background problems. Did you diagnose based on that?
ALEXANDER NISS: He told me -- so I diagnose him objectively. I took his whole history, what happened with him. So he was in some filtration camp organized by Russian troops, and he was there, according to him, as a whole mass; according to his wife, Zubeidat, less.
MS. CLARKE: Let's just stick to what you were aware of from him when you began to diagnose him.
ALEXANDER NISS: Okay. So he was tortured; he experienced a lot of this --
MR. CHAKRAVARTY: Objection, your Honor.
MR. WEINREB: Objection.
ALEXANDER NISS: -- filtration camp.
BY MS. CLARKE:
MS. CLARKE: Dr. Niss --
MS. CLARKE: I'll rephrase, your Honor. I'm going to get to the diagnosis.
THE COURT: All right.
BY MS. CLARKE:
MS. CLARKE: Let's just focus on the fact that you diagnosed Anzor with posttraumatic stress disorder. Is that correct?
ALEXANDER NISS: So he had typical signs and symptoms of posttraumatic stress disorder. It means --
MS. CLARKE: Let me just ask --
ALEXANDER NISS: -- he has a lot of anxiety, panic attacks. He had flashbacks. He was re-experiencing his -- you know, that time in that camp.
COURT REPORTER: If you could please repeat that word.
ALEXANDER NISS: He had nightmares -- like he vividly saw -- he was hallucinating. Vividly saw as it was at that time; not before, but at that time.
He had also -- where he had startle reflex. He had a lot of paranoia. He was afraid that -- at that time it was phase B, former KGB, like following him. He was looking through his window of his home. And even he was guarded when he was coming to me. And so he had a lot of paranoia but local paranoia related to such specific situation, not general paranoia.
BY MS. CLARKE:
MS. CLARKE: Dr. Niss.
ALEXANDER NISS: Yeah?
MS. CLARKE: Did you diagnose based only on what Anzor told you or on your observations of him and symptoms that you saw?
ALEXANDER NISS: So I saw it. He was, you know, startling from loud sound; from -- you know, he couldn't tolerate light. You know, he always ask me to turn off. And so it was typical objective and subjective picture of posttraumatic stress disorder. Plus he had -- you know, he had seizures from childhood. He had some injury at age eight. He had seizures. By that time, much less frequent in the childhood. But later -- this is already after I had left -- he had additional head injury, very severe, and all his PTSD experienced together with new organic symptoms are historic.
MS. CLARKE: Let me ask you a question. It sounds like he had a complex of problems that you identified.
ALEXANDER NISS: Yes.
MS. CLARKE: You treated Anzor for about two years. And you have reviewed your medical records before coming to court today?
ALEXANDER NISS: Yes.
MS. CLARKE: Your Honor, there's a set of medical records that I believe the government wanted a portion of the social history redacted. I have no objection to that. I'm not sure whether we have a redacted copy available, but we're going to work off of a summary.
Mr. Chakravarty, do we have a --
MR. CHAKRAVARTY: Your Honor, I have a -- Ms. Clarke accurately explained the government's limited objection to the redaction. The summary the government has no objection to.
THE COURT: This is the one that was just recently provided?
MR. CHAKRAVARTY: Yes.
THE COURT: I think I have it, right?
MS. CLARKE: That's correct.
THE COURT: Okay. So there's no objection to that being admitted as an exhibit?
MS. CLARKE: And we will admit the records, which would be 3509E, as redacted by the government.
THE COURT: Those are the otherwise complete treatment records?
MS. CLARKE: Those are Dr. Niss's records, correct. But I'm going to help Dr. Niss walk through, for the jury, based on a typewritten summary so we don't have to deal with the handwriting of a psychiatrist.
THE COURT: And is that separately identified by exhibit number?
MS. CLARKE: That is 3521, if we could pull that up. And I don't believe that the government has any objection to the use of that summary.
MR. CHAKRAVARTY: That's correct.
THE COURT: Okay.
(Defense Exhibit No. 3509E received into evidence.)
BY MS. CLARKE:
MS. CLARKE: Dr. Niss, there's a summary that's going to come up in front of you. I can bring you a copy, if I may.
MS. CLARKE: I'm giving the doctor a copy of his records unredacted and the summary, in case he needs to use them.
MS. CLARKE: Dr. Niss, this document that's in front of you on the screen, that's an accurate summary of your psychiatric records of treating Anzor, correct?
ALEXANDER NISS: Yes, yes.
MS. CLARKE: And by my count, you saw Anzor approximately 28 times over a two-year period of time. Is that right? Is that about right?
ALEXANDER NISS: Yeah.
MS. CLARKE: If I could, let's walk the jury a little bit through --
MS. CLARKE: Can I have the notes?
(Pause.)
MS. CLARKE: Well, if we can all squint, I can walk them through.
Do you know how? Maybe we can start without it.
Can you see?
JUROR: Yes.
MS. CLARKE: With reading glasses? Okay. I actually have it.
BY MS. CLARKE:
MS. CLARKE: Dr. Niss, I'm going to start -- it looks like your first meeting with Anzor was in -- was July 11th, 2003. Is that correct?
ALEXANDER NISS: Yes. It is what I say.
MS. CLARKE: And can you tell the jury what it was that you diagnosed at that time?
ALEXANDER NISS: So at that time I diagnosed PTSD, posttraumatic stress disorder, but just academically I wrote "Rule out panic disorder with agoraphobia" and "rule out mild neurocognitive disorder."
MS. CLARKE: And can you tell the jury why it was you were focused on a mild neurocognitive disorder?
ALEXANDER NISS: So I felt if he's speech impaired, especially as I knew he had good education -- according to him he was prosecutor in Kirgizia. So his speech/thought process was too concrete, too direct. Just -- it was clinical impression. Later, I checked -- I think it should be later, maybe in the notes -- I checked his MMSE, Mini Mental Status Exam. He gave 25 from 30. But, you know, beginning from 21 dementia starts. So this is not dementia, but this is pretty substantial impairment of cognitive function.
MS. CLARKE: So let's say when you first met Anzor, you were concerned not only about posttraumatic stress disorder but neurocognitive issues?
ALEXANDER NISS: Also this, yes.
MS. CLARKE: At that time, it does not appear that you offered any medication for Anzor?
ALEXANDER NISS: You see -- let me see.
MS. CLARKE: On your --
ALEXANDER NISS: Maybe I didn't give him -- maybe I didn't have enough time and I needed to meet him one more time to decide about medications.
MS. CLARKE: That makes sense.
ALEXANDER NISS: That happens sometimes.
MS. CLARKE: I pulled up the second visit with Anzor.
ALEXANDER NISS: In a week. I see here.
MS. CLARKE: That was July the 18th, 2003. Is that the time when you first offered medication to Mr. Tsarnaev?
ALEXANDER NISS: Yes.
MS. CLARKE: And can you tell the jury what those medications were offered for and what they are?
ALEXANDER NISS: So at that time --
MR. CHAKRAVARTY: Objection, your Honor.
ALEXANDER NISS: -- I started from --
THE COURT: Wait a minute. Excuse me, Doctor.
Sorry?
MR. CHAKRAVARTY: Your Honor, the witness is here to describe his treatment of the defendant's father, but going into a long expert-testimony-type exegesis about what each of these conditions are and what chemicals he's giving him is beyond the notice.
THE COURT: All right. Overruled for now.
MS. CLARKE: We'll go through it, your Honor. I wanted the jury to get a feel for the extent of the medication.
THE COURT: Go ahead.
ALEXANDER NISS: So, you know, we started from three medications. It was trazodone for sleep; it was Zoloft, an anti-depressant at the same time, anxious anti-depressant, so having two goals; and it was Klonopin medication, immediately removing panic attacks.
In the future, we tried to establish another combination, so I tried a lot of medications. Finally, we, you know, came to some different combination of medication. But it was, in the start, these three.
BY MS. CLARKE:
MS. CLARKE: Let me take you to another round. I'm going to skip forward to the 8th of August.
ALEXANDER NISS: Yes, I see.
MS. CLARKE: Can you tell the jury what was going on there? It sounded like perhaps the medications began to work?
ALEXANDER NISS: Yes. According to my notes, they started to work.
MS. CLARKE: And at some point you tapered off a medication, but you added another medication. Can you tell the jury just a little bit about that?
ALEXANDER NISS: For example, at this time --
MS. CLARKE: Do you see on the screen?
ALEXANDER NISS: This time I added Zyprexa. Zyprexa is antipsychotic medication, given his paranoid part in his status. And Zyprexa is antipsychotic. At the same time, Zyprexa is mildly sedative, depending on dose, and anti-anxious medication. So Zyprexa also multifunctional medication. In this case, it was done for paranoia and as a complement of his status.
MS. CLARKE: And it appears that you kept Mr. Tsarnaev on that medication --
MS. CLARKE: Can I go to the next -- I can do it.
MS. CLARKE: -- on that medication for several visits. Is that correct?
ALEXANDER NISS: Yes. But going ahead, I have to say that this paranoid part went away first. He was -- he had all other symptoms, you know, just weighing like this, better/worse. Also there are some -- he had some triggers that reminded him about his previous experience, and -- but paranoid part went away.
MS. CLARKE: It went away.
ALEXANDER NISS: Yeah, it was the best reaction to treatment.
MS. CLARKE: I'm going to pull up an October 24th, 2003, entry. And you talked about the paranoia going away. Can you tell us what was going on in October?
ALEXANDER NISS: What date you said, October?
MS. CLARKE: 24th, 2003.
ALEXANDER NISS: 24th. Because I have it here. So this is 2003. He still had this, but I said going ahead, so later, but let's say 2004, by 2005, they went away, paranoid symptoms. But all the other symptoms -- PTSD cannot be recovered. It could be better, but PTSD is forever, posttraumatic stress disorder.
MS. CLARKE: It appears that you changed the medication in October 2003.
ALEXANDER NISS: Yes. I gave him Zydis. And, yes, I changed several medications. It means I was looking for better combination. I give him Zydis. Zydis is the same as Zyprexa, but Zydis can be absorbed from the mouth. Zydis has same role as Zyprexa, but also good for panic because it removes panic attack. Lexapro, this is another SSRI. So this is same group as Zoloft. So I decided to try another one because the previous one was not completely effective. And Ativan is a medication like Klonopin, same group, but Ativan is shorter. Klonopin has a longer period of elimination. So I decided it will be better for faster action, for anxiety and panic.
MS. CLARKE: So is it fair to say that you saw him still as a fairly disabled man from PTSD?
ALEXANDER NISS: Yes.
MS. CLARKE: You mentioned that you gave a test. Maybe you can tell us what that is. December of 2003, you must have still been concerned about the cognition?
ALEXANDER NISS: Yes. This what I said. This test -- usually we give this test to people with dementia, but they have results 11, 12, 13. This is Alzheimer. But beginning from 21st and below, this is already some kind of dementia. 25, this is bad result, you know? This is not dementia, but this is significant cognitive impairment. All these people in this auditorium will give 30, without exception.
MS. CLARKE: Everyone here --
ALEXANDER NISS: Everybody here will give 30.
MS. CLARKE: Well, that's comforting.
(Laughter.)
ALEXANDER NISS: It's not compliment; this is just there.
BY MS. CLARKE:
MS. CLARKE: You wouldn't -- would you give this MMSE test to just every patient you have?
ALEXANDER NISS: Excuse me?
(The question was translated through the interpreter.)
ALEXANDER NISS: No, not at all.
MS. CLARKE: Only if you were seeing symptoms that you wanted to confirm?
ALEXANDER NISS: Yes.
MS. CLARKE: I'm going to take you down to March 12th, 2004. And can you tell us what was happening with that visit?
ALEXANDER NISS: I see here there is some impairment of his condition, but this is some -- only some resumé from my notes. That's why no full description here. That is why it's difficult to say if he had any trigger for this or it happened spontaneously. I don't remember this. But, again, I changed his treatment. I added one medication, Remeron, for sleep, and I give him Topamax, which is anti-seizure medication. At the same time, Topamax is mood stabilizer.
MS. CLARKE: A mood stabilizer?
ALEXANDER NISS: A mood stabilizer so you don't get so much, you know, emotional reaction.
MS. CLARKE: It looks to me like by this time your diagnosis had expanded from PTSD to PTSD with panic, agoraphobia. Could you explain your additional diagnoses to the jury?
ALEXANDER NISS: You know, this -- basically, his panic, his anxiety, this is part of his PTSD. PTSD is very complex disease, including many, many other symptoms. PTSD is here and many, many symptoms here, you know, which I included, involved in PTSD. So this is large category, PTSD. But, you know, in the United States, your American classification request to qualify any condition separately. Any condition has its core, for example, panic disorder, his agoraphobia. This is why I mention this and this and this. But basically, this is part of PTSD. But encephalopathy, this is not part of PTSD. It was related. There was a point that he was not only injured in his childhood, but also he had -- he was a boxer. You know, any knockout is a concussion. You know, in nine seconds people can come to their consciousness. This is some small concussions. So he had a lot of concussions in his life. So maybe this factors less seizure disorder, most probably from head injury. Seizure disorder also brings to cognitive impairment. So, finally, I included encephalopathy as additional diagnosis secondary to head injuries or...
MS. CLARKE: So it sounds like you were trying to figure out and narrow in and appropriately medicate this man?
MR. CHAKRAVARTY: Your Honor, objection to the leading.
MS. CLARKE: I'm just trying to --
THE COURT: I think it might be more efficient. Go ahead.
(Laughter.)
BY MS. CLARKE:
MS. CLARKE: Go ahead. Correct?
ALEXANDER NISS: Sorry. I didn't know who to listen to.
MS. CLARKE: Who to listen to. I know. Him.
(Laughter.)
MS. CLARKE: So essentially you were trying to identify more specifically Anzor's mental health problems and appropriately medicate. Is that fair to say?
ALEXANDER NISS: Yes. Yes, that's true.
MS. CLARKE: I want to take you down to October the 14th --
ALEXANDER NISS: Yes, right here.
MS. CLARKE: -- of 2004. Can you tell us what was happening by then?
ALEXANDER NISS: You see I write again PTSD always, but also I write mental disorder secondary to general medical condition. This is what I meant by encephalopathy. You know, could be different terms for the same. So this is nothing new. I don't see anything new here.
MS. CLARKE: And you had changed the medications somewhat? I see the addition of Risperdal?
ALEXANDER NISS: Yes. So it means at that time he still had some of this paranoid part because Risperdal is antipsychotic medication.
MS. CLARKE: An antipsychotic?
ALEXANDER NISS: Antipsychotic, yeah.
MS. CLARKE: I'm going to take you into 2005. And it appears that you added some additional medications. Maybe I got the wrong date.
ALEXANDER NISS: Wrong date?
MS. CLARKE: Just a second. It sounds like there was some improvement from January 6, 2005?
ALEXANDER NISS: Yes. Yes, I am writing he is no longer suspicious, despite being anxious. But he had -- when I say encephalopathy, he has not only cognitive problems; he was -- he had a lot of weakness. He was physically ill, you know? He had a lot of physical problems. Once I had to hospitalize him from my office. He had acute kidney stone. But it does not relate to anything, just anybody can have it. But, in general, he's physically -- you know, physically -- he was kind of, you know, putting his head very often on the table because he had some dizziness. He had some -- sometimes headaches. He was just -- (Through the interpreter) He was unwell. There was a general condition of not being well. (In English) So this day I decided to add Provigil. Provigil, this is good medication for alertness, just for being well, you know? So people feel alert, better mood. It's not anti-depressant; this is just medication contributing to this feeling of well-being.
MS. CLARKE: So you tried to medicate just this overall bad feeling that he had?
ALEXANDER NISS: Yes. I added Provigil.
MS. CLARKE: Now, you treated him, Mr. Tsarnaev, up until the time you left Boston?
ALEXANDER NISS: Yes.
MS. CLARKE: I think we can do -- it looks like your last treating entry is May of 2005. Can you tell the jury how he was at the time you left him?
ALEXANDER NISS: This is some confirmation I see here in my notes, confirmation of what I said. He had epistasis -- so he had lot of bleedings from nose. He was going -- at that time, he was going to emergency room almost every day. So he had this -- every time he had some additional somatic symptoms.
MS. CLARKE: And when you say "additional somatic symptoms"?
ALEXANDER NISS: Physical.
MS. CLARKE: Physical symptoms?
ALEXANDER NISS: So different physical symptoms, not involving only one system of body, but general, like he was weakened in general. That's why he had this, he had this, he had many, many, many -- he was a sick guy.
MS. CLARKE: He was a very --
ALEXANDER NISS: He couldn't drive. I remember, especially first half year, he couldn't drive, and even his -- the owner of his apartment, she was driving -- she was bringing him to our clinic.
MS. CLARKE: How disabling were the illnesses that he had?
ALEXANDER NISS: He -- at that time, he was really disabled. He couldn't work, in my opinion, but it seems to me he had -- I never filled out any forms for him for disability, but it seems to me he had disability.
MS. CLARKE: That he was on disability?
ALEXANDER NISS: Yeah.
MS. CLARKE: Dr. Niss, is there any doubt in your mind when you finished treating Anzor in 2005 that he was a very sick man?
MR. CHAKRAVARTY: Objection, your Honor.
THE COURT: Overruled.
You may answer.
ALEXANDER NISS: (Through the interpreter) Can you repeat the question, please?
BY MS. CLARKE:
MS. CLARKE: Was there any doubt in your mind when you finished treating Anzor in mid 2005 that he was a very sick man?
ALEXANDER NISS: Still, he was -- no such panic attacks, no paranoia anymore by that time, but the rest was like in the beginning.
MS. CLARKE: Very disabled?
ALEXANDER NISS: Yeah.
MS. CLARKE: Thank you very much. The prosecutor may have some questions.
MR. CHAKRAVARTY: One moment, your Honor.
(Pause.)
MR. CHAKRAVARTY: No questions, your Honor.
THE COURT: No questions? All right.
Thank you very much, Dr. Niss. You may step down.
(The witness is excused.)
THE COURT: This is probably a good time to 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 10:50 a.m.)
(The Court and jury entered the courtroom at 11:22 a.m.)
THE COURT: Mr. Bruck.
MR. BRUCK: Call Michel Reynolds.
COURT CLERK: Sir, want to step up here, please. Step up to the box. Remain standing. Raise your right hand.