2.Elmirza Khozhugov — Direct/Cross
502 linesDIRECT EXAMINATION BY MS. CLARKE:
MS. CLARKE: Good evening, Elmirza. Can you see me?
ELMIRZA KHOZHUGOV: Hello.
MS. CLARKE: Good evening. It's about 7:30 p.m. over there?
ELMIRZA KHOZHUGOV: About that time, yes.
MS. CLARKE: Where are you testifying from?
ELMIRZA KHOZHUGOV: I'm testifying from Almaty, Kazakhstan.
MS. CLARKE: In what physical location are you?
ELMIRZA KHOZHUGOV: I'm in the U.S. Embassy in Almaty.
MS. CLARKE: Do you live in Almaty?
ELMIRZA KHOZHUGOV: Yes, I do live in Almaty.
MS. CLARKE: Were you raised in Almaty, or in Kazakhstan?
ELMIRZA KHOZHUGOV: I was raised in Almaty, Kazakhstan, yes.
MS. CLARKE: Do you have employment? Do you work there?
ELMIRZA KHOZHUGOV: Yes, I do work here now.
MS. CLARKE: And do you have a family?
ELMIRZA KHOZHUGOV: I have family here, wife and four children.
MS. CLARKE: What is it that you do for a living?
ELMIRZA KHOZHUGOV: I work in a construction company that belongs to my father.
MS. CLARKE: Can you tell us just a little bit about that?
ELMIRZA KHOZHUGOV: In our company, I'm responsible for supply chain management and for construction materials.
MS. CLARKE: And it's a family business?
ELMIRZA KHOZHUGOV: Yes, it is a family business.
MS. CLARKE: I notice that you speak English very well. How is that?
ELMIRZA KHOZHUGOV: Thank you. I spent a lot of time studying in the United States.
MS. CLARKE: When did you first come to the United States?
ELMIRZA KHOZHUGOV: Can you repeat the question?
MS. CLARKE: Yes. When did you first come to the United States? How old were you?
ELMIRZA KHOZHUGOV: First time I went to the U.S., I was 14 years old, and I spent five months in the U.S., in Maryland.
MS. CLARKE: And then did you return to the United States for more education?
ELMIRZA KHOZHUGOV: And then I went to college in the United States in 2004.
MS. CLARKE: Where was that that you went to college?
ELMIRZA KHOZHUGOV: It's in Washington State, Western Washington University.
MS. CLARKE: Thank you. You have -- can you tell the jury your -- they can see you on a screen in front of them. Can you tell the jury your connection to the Tsarnaev family?
ELMIRZA KHOZHUGOV: I am connected to the Tsarnaev family because I was married to Ailina Tsarnaeva, the sister of Jahar.
MS. CLARKE: Do you have other relationships --
ELMIRZA KHOZHUGOV: And also my elder sister is married to Ruslan Tsarni, who is a cousin -- I'm sorry, who is an uncle on the father's side for Jahar.
MS. CLARKE: Do you and Ailina have a son together?
ELMIRZA KHOZHUGOV: Yes, we have a son together. His name is Ziyaudi.
MS. CLARKE: If you know, when did your sister marry Ruslan, Ruslan who is Jahar's uncle?
ELMIRZA KHOZHUGOV: They got married in December of 1999.
MS. CLARKE: And how old were you then?
ELMIRZA KHOZHUGOV: I was 13 years old.
MS. CLARKE: When did you first meet members of the Tsarnaev family?
ELMIRZA KHOZHUGOV: One of the members, the mother of Jahar and Tamerlan, I met on the wedding; and the rest of the family, I met about six to nine months after the wedding.
MS. CLARKE: I notice that you refer to Ruslan as Ruslan Tsarni, and I'm referring to the Tsarnaev family. Can you tell the jury the difference between the name Tsarnaev and Tsarni?
ELMIRZA KHOZHUGOV: The difference is that Ruslan has decided to de-Russify his last name, basically take out the two last letters of his last name to make it sound more Chechen rather than more Russian.
MS. CLARKE: So Tsarnaev is the Russian version of Tsarni?
ELMIRZA KHOZHUGOV: Yes.
MS. CLARKE: In your --
ELMIRZA KHOZHUGOV: That's right.
MS. CLARKE: In your younger years, you said you first met the rest of the Tsarnaev family after Ruslan and your sister got married. Did you know one member of the Tsarnaev family better than the others in those years?
ELMIRZA KHOZHUGOV: Yes. I knew Tamerlan Tsarnaev much better than the rest of the family because he was my friend.
MS. CLARKE: And why was it that you got to know Tamerlan better?
ELMIRZA KHOZHUGOV: When he first came to Almaty, Kazakhstan, he was introduced to me by Ruslan Tsarni. And we were the same age, and we had a lot of interests, a lot of things that interested both of us. So we spent a lot of time together. And I introduced him to my friends and to my neighbors, my classmates, and he has become friends with them as well.
MS. CLARKE: Was there a time when Tamerlan stayed behind and lived with your family, stayed in Kazakhstan?
ELMIRZA KHOZHUGOV: There was a time when Tamerlan stayed at Ruslan's place for about one year.
MS. CLARKE: And do you remember --
ELMIRZA KHOZHUGOV: Before he went to the United States.
MS. CLARKE: Okay. So he stayed there for about a year before he came to the United States?
ELMIRZA KHOZHUGOV: Yes.
MS. CLARKE: Were you aware of who came -- who in the family came to the United States first?
ELMIRZA KHOZHUGOV: The mother, Zubeidat, and the father, Anzor, and the younger son, Jahar, they came to the U.S. first.
MS. CLARKE: And did the other three children stay in Almaty?
ELMIRZA KHOZHUGOV: The other -- the other three children at that time lived with Ruslan Tsarni in Almaty, and they lived to the U.S. a year after the parents and Jahar did.
MS. CLARKE: So that year that you spent with Tamerlan, can you describe him for the jury?
ELMIRZA KHOZHUGOV: Yes. Tamerlan was an interesting young man, polite, and good friend. He was charismatic, friendly, goofy sometimes, but, overall, he was just fun to be around with.
MS. CLARKE: And how did your friends interact with him?
ELMIRZA KHOZHUGOV: My friends love him when he was around. And there were even times when I wasn't called to the party and he was.
MS. CLARKE: After he left and came to the United States, I think that was -- we've heard evidence that that was in about 2003. Did you come to the United States soon after that?
ELMIRZA KHOZHUGOV: I came to the U.S. in 2004, so about a year after -- a year and a half after they moved.
MS. CLARKE: When you came to the U.S., where did you live and who did you live with?
ELMIRZA KHOZHUGOV: I lived in Ferndale, Washington, in the house that Ruslan Tsarni has bought a little while before that.
MS. CLARKE: When you were -- yes. I'm sorry.
ELMIRZA KHOZHUGOV: And I lived there alone because --
MS. CLARKE: You were going to school?
ELMIRZA KHOZHUGOV: I lived there alone.
MS. CLARKE: While you went to school?
ELMIRZA KHOZHUGOV: Yes. I went to school and live in their house.
MS. CLARKE: When you lived in Washington State, attending school in that first year, did you see the Tsarnaev family, any members of the Tsarnaev family?
ELMIRZA KHOZHUGOV: In the first academic year that I went to college there, the family did visit me and, actually, not just the elder Tsarnaev family but also Ruslan Tsarni, along with my sister and their children came over. Maret Tsarnaev came over, who is an aunt to Jahar. And also Zubeidat, Bella, and Ailina Tsarnaev came over.
MS. CLARKE: It sounds like the women came with Ruslan to visit?
ELMIRZA KHOZHUGOV: They came separately but at the same time.
MS. CLARKE: I'm going to show you a picture. It's marked on your stack 3507-60. It should be the first one on your stack depending on how they were provided.
THE COURT: Let me just ask the government whether you've seen the photographs. Will there be any objection to these photographs?
MR. CHAKRAVARTY: All the photographs we were shown last night, there is no objection.
MS. CLARKE: You have the one -- it's marked on the side 3507-060. It's with you sitting on a couch with -- have you got it?
ELMIRZA KHOZHUGOV: Yes, I do have it.
MS. CLARKE: I'd like to pull up 3507-60, or I can pull it up, I guess.
MS. CLARKE: Elmirza, the jury is now seeing the photograph that you've got in front of you. Can you tell us who that is in that photograph and when it was taken?
ELMIRZA KHOZHUGOV: On that picture, you can see myself hugging Zubeidat Tsarnaeva, the mother of Jahar. On the side there is Naina Tsarni, the daughter of Ruslan -- the eldest daughter of Ruslan.
MS. CLARKE: The eldest daughter?
ELMIRZA KHOZHUGOV: Yeah.
MS. CLARKE: Was this in that first visit that they made to Washington State during your first year of school?
ELMIRZA KHOZHUGOV: Yes. That's the first visit they made in the first year of my school.
MS. CLARKE: Had you met Zubeidat before then? That was the first time you met her?
ELMIRZA KHOZHUGOV: This isn't the first time I met her, but it's the first time I met her in the United States.
MS. CLARKE: Because you had met her at the wedding of your sister?
ELMIRZA KHOZHUGOV: I met her at the wedding, yes.
MS. CLARKE: And I think it's clear --
THE COURT: Tell me when you don't want the picture anymore.
MS. CLARKE: I think it's clear -- I'm going to -- I think it's pretty clear we've got a child and two adults in the picture, and one is Zubeidat and one is Elmirza and one is the child. So I think we can move on from that picture.
MS. CLARKE: During that trip, did you get to know Ailina better?
ELMIRZA KHOZHUGOV: During that trip, we have all met again, I would say. And during that stay, I have become interested in Ailina, and we started having sort of dates.
MS. CLARKE: You would go out?
ELMIRZA KHOZHUGOV: Yes, we would go out.
MS. CLARKE: I'm going to show you another picture around that time frame, 3494.
MS. CLARKE: I think there's no objection.
ELMIRZA KHOZHUGOV: 3494.
MS. CLARKE: That's the picture of the family together. Can you see where I'm talking about?
ELMIRZA KHOZHUGOV: Uh-huh.
MS. CLARKE: Can you tell the jury who is in that picture from left to right?
ELMIRZA KHOZHUGOV: On the far left, it's Hussein, the cousin of Jahar, and he is son of Alvi Tsarnaev, the eldest son in the family.
MS. CLARKE: I see there's --
ELMIRZA KHOZHUGOV: And second one is Tamerlan Tsarnaev, the elder brother of Jahar. Third on the left is Andy Tsarnaev and son of Alvi, the cousin of Jahar. When I said Hussein -- I meant Hussein is the son of Molkan, the sister of Ruslan Tsarni. Next on the picture is Bella Tsarnaeva, the elder sister of Jahar. Then it goes the mother of Jahar, Zubeidat. Then there's Jahar himself. And on the far right is Ailina Tsarnaeva, Jahar's sister and my ex-wife.
MS. CLARKE: Looking at the picture of Ailina and Zubeidat and Bella, is that picture taken at around the same time of that visit to your house in Washington? It's not taken in Washington State?
ELMIRZA KHOZHUGOV: Judging by the clothing they're wearing, I can tell that this picture was taken after they visited us in Washington because some of the clothing that Ailina is wearing is the one that she actually bought -- she actually got in Washington, and I was there when she was buying it.
MS. CLARKE: Thank you.
MS. CLARKE: I think we can take the picture down.
MS. CLARKE: Did anybody else from the Tsarnaev family come to visit you in that first year of your college in Washington State?
ELMIRZA KHOZHUGOV: Yes. After they left and I think about five to six months passed -- so it was my second academic year -- that's when Tamerlan visited me.
MS. CLARKE: What was that visit like?
ELMIRZA KHOZHUGOV: Can you repeat the question?
MS. CLARKE: Yes. What was that visit like? Can you tell us about that visit?
ELMIRZA KHOZHUGOV: Oh, yes. Tamerlan flew in because he had a break from school, and I had a short break as well. And we just spent time together. I showed him my college. I showed him where I lived. I showed him the area, the lakes around, the mountains around, and the -- I was trying to convince him to move to Washington so that, first of all, we could be closer as a family. I was trying to convince him and the rest of the family to move but him first. And then as well I wanted him to go to the same college as I did, so I was trying to convince him that it's going to be a good idea to go.
MS. CLARKE: What was Tamerlan's response to that?
ELMIRZA KHOZHUGOV: Tamerlan felt like it's a good idea. He did consider it, and he did say that he would discuss it with his parents when he goes back.
MS. CLARKE: And did Tamerlan end up moving to Washington State with you?
ELMIRZA KHOZHUGOV: No, he did not.
MS. CLARKE: Did you -- when Tamerlan was out there visiting with you, did you talk to him about anything else that was important to you?
ELMIRZA KHOZHUGOV: Yes. As I was driving him back to the airport when he was leaving, I asked him that -- I told him that I had feelings to his sister, and I asked him if he would mind if I was -- if I would have a relationship with her, to which he answered, as long as it has good intentions, he wouldn't mind it.
MS. CLARKE: So he gave his permission for you to go out with his sister?
MS. CLARKE: Were you asking --
ELMIRZA KHOZHUGOV: That is correct.
MS. CLARKE: Were you thinking of marriage at that time?
ELMIRZA KHOZHUGOV: Excuse me?
MS. CLARKE: Were you thinking of marriage at that time?
ELMIRZA KHOZHUGOV: At that time exactly, probably not. It was -- in perspective, yes, maybe, but for that, it was just talking relationship.
MS. CLARKE: Can you tell us what the age difference was between you and Ailina?
ELMIRZA KHOZHUGOV: We were four years -- I'm four years older than her.
MS. CLARKE: So you were 19; she would have been 15, almost 16?
ELMIRZA KHOZHUGOV: She was 15, yes.
MS. CLARKE: Would you consider yourself close with Tamerlan during that period of time that you were in college in Washington State?
ELMIRZA KHOZHUGOV: Do I consider myself what exactly?
MS. CLARKE: Did you consider you had a close relationship with Tamerlan during that period of time?
ELMIRZA KHOZHUGOV: Oh, yes, yes. Tamerlan was my only friend in the U.S. at that time, and he was also my friend from my home country. So we shared a lot of things in common.
MS. CLARKE: I'd like to pull up, your Honor, 3495.
MS. CLARKE: Elmirza, you'll recognize it's you and Tamerlan.
ELMIRZA KHOZHUGOV: Yes. On that picture, it's Tamerlan on the left and me on the right.
MS. CLARKE: How did that picture come about?
ELMIRZA KHOZHUGOV: Well, since we were communicating mostly through emails, we were sending pictures of each other to each other. And one day I just felt like it would be a good thing to have a picture together and since at that point in time we didn't meet yet. So I took two photographs, and I added them to each other on my computer, and I emailed it back to him.
MS. CLARKE: Can you tell the jury what is written at the top of the picture?
ELMIRZA KHOZHUGOV: On the top of that -- of this picture is mine and his nicknames we had at that time. For him, it goes "the professor," and for me it's "the Chechenian."
MS. CLARKE: How did --
ELMIRZA KHOZHUGOV: Given that -- huh?
MS. CLARKE: I'm sorry. Go ahead.
ELMIRZA KHOZHUGOV: Given our age, we were having -- we were giving ourselves nicknames as what we would like to be identified with, what we would like to be called. Tamerlan chose for himself the professor because that would make him sound smarter and wiser than others around him. And my nickname is the Chechenian, and I chose that because I felt like our ethnicity, the name of our ethnicity, is usually mispronounced as Chechens. So the right way would be Chechenian, so that's why I had the nickname.
MS. CLARKE: Did you and Ailina eventually get married?
MS. CLARKE: We're finished with that picture.
MS. CLARKE: Did you and Ailina eventually get married?
ELMIRZA KHOZHUGOV: Yes, we did, in July of 2006.
MS. CLARKE: Where did you get married?
ELMIRZA KHOZHUGOV: We got married in Almaty, Kazakhstan.
MS. CLARKE: How old were you and how old was she?
ELMIRZA KHOZHUGOV: I was 20 years old and she was 16 years old.
MS. CLARKE: I'm going to show you a photograph of the two of you, 3507-059. You see the one of you and --
ELMIRZA KHOZHUGOV: Uh-huh.
MS. CLARKE: If we could bring that up.
MS. CLARKE: Can you tell the jury who is in that photo even though I've already said it?
ELMIRZA KHOZHUGOV: Well, it's me and Ailina. And this picture was taken in Washington, in the Bellevue Square Mall in Washington, and at that point in time, we are already married.
MS. CLARKE: How did you -- how do you remember that you were already married with that picture?
ELMIRZA KHOZHUGOV: I can tell because I am hugging her on that photograph.
MS. CLARKE: And you would not have been hugging her before that time?
ELMIRZA KHOZHUGOV: And if I wasn't married to her, I wouldn't be hugging her, exactly.
MS. CLARKE: How long did --
ELMIRZA KHOZHUGOV: Because that would be inappropriate thing to do before marriage.
MS. CLARKE: How long did the marriage last?
ELMIRZA KHOZHUGOV: The marriage lasted for almost two years.
MS. CLARKE: Was there -- did there come a time that there was a problem in the marriage involving you striking Ailina?
ELMIRZA KHOZHUGOV: Yes, there has been that.
MS. CLARKE: Can you tell the jury a little bit about what happened?
THE COURT: You still want the exhibit up, or do you want the witness?
MS. CLARKE: The witness.
ELMIRZA KHOZHUGOV: Yes. We had an argument considering some contacts that I found in her Facebook account. So because of that, I lost my temper and basically put my hands on her.
MS. CLARKE: And what happened as a result of that?
ELMIRZA KHOZHUGOV: As a result of that, I got arrested.
MS. CLARKE: Who --
ELMIRZA KHOZHUGOV: And eventually we got divorced. We got separated.
MS. CLARKE: Separated. Who came and bailed you out of jail?
ELMIRZA KHOZHUGOV: Her elder brother Tamerlan came over. He bailed me out and flew in, and he stayed with us for about ten days, maybe two weeks.
MS. CLARKE: Did he seem to understand the problems that you guys had in your marriage?
ELMIRZA KHOZHUGOV: He did talk to me during his stay, and he tried to advise me to be more patient, to stay calm, and to not pay too much attention if the young sister of his is behaving badly. So he was trying to help, yes. That's what I'm trying to say.
MS. CLARKE: Can you tell the jury why you think you had problems in your marriage? Was it your youth? Was it not understanding marriage? What was it?
ELMIRZA KHOZHUGOV: Well, partially, it was because we both were young, and part of it was our family who got in between our relationship.
MS. CLARKE: Did you and Ailina have children together?
ELMIRZA KHOZHUGOV: Yes, we had one child, a son.
MS. CLARKE: And his name is?
ELMIRZA KHOZHUGOV: His name is Ziyaudi.
MS. CLARKE: Can you spell that for us?
ELMIRZA KHOZHUGOV: Z-i-y-a-u-d-i.
MS. CLARKE: And do you have --
ELMIRZA KHOZHUGOV: Ziyaudi.
MS. CLARKE: And do you have a nickname for Ziyaudi?
ELMIRZA KHOZHUGOV: We call him Zia.
MS. CLARKE: During the two years that you were married to Ailina, which I'm taking as 2006 to 2008, did you have -- you were in Washington State?
ELMIRZA KHOZHUGOV: During 2006 and 2008?
MS. CLARKE: Yes.
ELMIRZA KHOZHUGOV: Yes, we were in Washington State.
MS. CLARKE: Did you visit the Tsarnaev home in Cambridge?
ELMIRZA KHOZHUGOV: Yes, every spring -- every break we had, spring break, fall break, we would go there. Either she would go up first and then I would join or we would go there together.
MS. CLARKE: So what do you think, six or eight times over the two-year period of time you were in the Tsarnaev home in Boston -- or in Cambridge?
ELMIRZA KHOZHUGOV: During these two years, I visit them for about four to six times.
MS. CLARKE: For how long a period of time?
ELMIRZA KHOZHUGOV: Every time it was about ten to fourteen days.
MS. CLARKE: Can you describe the Tsarnaev home for the jury, the home that you saw during that period of time?
ELMIRZA KHOZHUGOV: They lived in 410 Norfolk Street in Cambridge, and it's basically -- it was basically a floor of a house, the third floor of a house, very old house. And they had two bedrooms there, a kitchen, and a small living room.
MS. CLARKE: How --
ELMIRZA KHOZHUGOV: And it was a small place to live in. It was always crowded.
MS. CLARKE: Let me ask you about members of the family. What did you observe about the relationship between Anzor, Jahar's father, and Zubeidat, Jahar's mother?
ELMIRZA KHOZHUGOV: The relationship between the parents wasn't an example one, I would say. It was obvious that neither of them wanted to give in, so they had a lot of conflict. They had a lot of arguments and conflicts coming out of those arguments. And for the most part, I would say that the mother, Zubeidat, had more authority in the family than the father did.
MS. CLARKE: What about the relationship between Zubeidat and Tamerlan, can you describe it to us?
ELMIRZA KHOZHUGOV: Zubeidat loved her son and she showed it, and she would always praise him and encourage him to do things that he wanted to do actually. And in return, Tamerlan loved his mother very much. He respected her, and he would listen to her more than to anyone else in the family or out of the family.
MS. CLARKE: Let me pull up Photograph 3507-047.
MS. CLARKE: That's a photograph you should have, 3507-047. Can you tell us who's in that photograph?
ELMIRZA KHOZHUGOV: It's Zubeidat on the left and Tamerlan on the right.
MS. CLARKE: Now, how old do you think Tamerlan was then?
ELMIRZA KHOZHUGOV: He's probably around 13, 16 years.
MS. CLARKE: Is that photograph --
ELMIRZA KHOZHUGOV: I'm not --
MS. CLARKE: You don't know for sure?
ELMIRZA KHOZHUGOV: No, not for sure.
MS. CLARKE: Is that photograph reflective of the kind of close relationship they had when you knew them together?
ELMIRZA KHOZHUGOV: Yes, it is reflective. Tamerlan is hugging his mother on that picture, and he would hug her every day. A few times he would just come up and hug his mother and tell her that he loves her, and he's showing that he defending her maybe.
MS. CLARKE: Now, when you were in the home, did you also see Jahar?
ELMIRZA KHOZHUGOV: Yes, I have seen Jahar.
MS. CLARKE: So 2006 to 2008, Jahar would have been 13, 14, 15 years old, in middle school. Can you describe what he was like so the jury can know?
ELMIRZA KHOZHUGOV: At the time when I was visiting the family, I would see Jahar every time I was there. So for the most time that he was in the house, he would spend his time studying. He would have his textbooks out on the table. He would be reading or writing. He wasn't very interested, I'd say, in the computer. He was spending a lot of time with books. And the mother would put up his good grades, and she would put it on a magnet on the fridge so the whole fridge was his successful grades and all that stuff.
MS. CLARKE: Was Jahar a quiet kid, a loud kid? Was he the center of attention or --
ELMIRZA KHOZHUGOV: He was really quiet, quiet and, again, polite, just as Tamerlan was at that age. And he was patient and he studied well. He spent -- he was responsible for whatever he did. He never -- I have never seen him or heard of him being in any inappropriate situation, I would say.
MS. CLARKE: When you were visiting the Tsarnaev home during this time period, did you meet somebody there who was speaking to the family about religion?
ELMIRZA KHOZHUGOV: The last -- one of the last visits that I made is when I met a friend of Tamerlan or, like, a mentor. His name was Misha. And he was an Armenian guy who converted to Islam, and he was pretty much just preaching to Tamerlan about Islam.
MS. CLARKE: What kind of things did you hear Misha -- I'm going to spell that. M-i-s-h-a, is that correct?
ELMIRZA KHOZHUGOV: Yes, that is correct.
MS. CLARKE: What kinds of things did you hear Misha talking to Tamerlan about?
ELMIRZA KHOZHUGOV: They would talk about politics; again, religion, and concerning religion itself, they would discuss things like hearing demons talk and talking to demons, and to jins, is what they called in Islam. Misha was telling in cases it was possible to hear the jins and in which cases it was not possible.
MS. CLARKE: So he was giving him lessons in Islam, lessons --
ELMIRZA KHOZHUGOV: I wouldn't call it formally a lesson, but he was teaching him and suggesting books to read, I guess, and just kind of expressing his own views about that faith to Tamerlan.
MS. CLARKE: Did anybody else in the family listen to or participate in the conversations with Misha?
ELMIRZA KHOZHUGOV: No one actually participated in those conversations. They were usually left alone. And even I, when I was a guest there, I didn't spend much time with them because I didn't like these conversations. But Misha was welcome by the mother, by Zubeidat, to come in any time to talk to Tamerlan. And there was even one situation when it was late night, and Misha and Tamerlan were in the kitchen talking about religion again. And at that late time, Anzor came home from work, and he had to get to the shower. And he -- to get to the shower, he would have to go through the kitchen. And Zubeidat stop him in the hallway and said, Don't go in there. You're going to interrupt them talking. And Anzor would say, Why is he so late at night? I think it was, like, 2 or 3 a.m. Why is he so late at night in my house? Why are they not sleeping? Why are they talking? She said, Don't bother them -- Misha is teaching your son good things so don't interrupt it. Just wait until they leave, and then you can go take a shower.
MS. CLARKE: You said you didn't participate in the conversations because you didn't like them. What didn't you like about those conversations?
ELMIRZA KHOZHUGOV: Well, for me, these talks about religion are not particularly interested when they intermix these talks with politics and conspiracy theories and Satanism. So I just generally don't pay attention to people who talk much about religion.
MS. CLARKE: So --
ELMIRZA KHOZHUGOV: Because I believe faith is for one own, not for showing off.
MS. CLARKE: At some point did you begin to see changes in Tamerlan?
ELMIRZA KHOZHUGOV: Yes. After this visit -- well, during that visit and after I would talk with Tamerlan about who's this Misha? Why are you listening to him? He would defend Misha as if he was a good person, and he just converted to Islam so he has a lot of background to learn from. So after I left, I used to call Tamerlan again and again. And one call I ask him, So how is your boxing? How are you doing in boxing? And he says, you know, I quit boxing. I ask him, Why would you quit boxing? You love it. This is the goal of your life to box, to become a professional boxer. Why would you stop? His answer to me was, Misha said to me, in Islam, hitting people in the head is not a good thing to do so we shouldn't be doing it. And that raised concerns for me, of course. So I talked to him more about it, and I said to him he should do what he loves, but I guess he didn't listen. And then the other conversation I had with him is he started -- he was taking some acting classes in some community college, I believe. And he would also do music with his friends. And when I ask him, So how is this thing going? How is your music? He said, I quit music, too. I go, Why would you quit music? You used to play the piano since you were a kid. Why would you quit it? He says, again, Misha says that music is not appropriate in Islam, so we shouldn't be playing music or listening to music. And the same thing pretty much happened with his acting classes. He also quit because he didn't have time for it. He needed more time to learn about Islam.
MS. CLARKE: Were there unusual beliefs, other than quitting boxing and quitting music and the things that he loved, that Tamerlan expressed to you?
ELMIRZA KHOZHUGOV: I didn't hear what you said in the beginning of the question. Could you repeat it?
MS. CLARKE: Other than Tamerlan quitting boxing and quitting music and the things that he loved, did he express any unusual beliefs to you?
ELMIRZA KHOZHUGOV: Did he act unusually, did you say?
MS. CLARKE: Did he tell you about unusual beliefs that he had developed?
ELMIRZA KHOZHUGOV: He did talk to me a lot about religion itself in general and particularly about conspiracy theory, and he was getting into that a lot. He showed me some videos on the internet about that stuff. He was hoping to find some books to read about conspiracy theory. It did seem interesting to him. He did seem like he had a goal to actually find out what is happening around the world, how it is connected with politics and how it is connected with big businesses and how -- what place he has and religion has in between all of that. He was searching for this kind of stuff, yes.
MS. CLARKE: During that time that you were visiting the family home, did you get to see Tamerlan's relationship with Jahar?
ELMIRZA KHOZHUGOV: Yes, of course, I did.
MS. CLARKE: And can you tell us what you observed about that?
ELMIRZA KHOZHUGOV: Well, Tamerlan loved his younger brother, absolutely adored him. And he always tried to show it, and he always tried to put himself as a -- as well as with the mother, the defender of Jahar. His older brother is leader, I guess. Tamerlan himself was very charismatic, and he was a leader within himself. And he was -- it was an easy thing for him to be the elder brother. He would -- every day he would talk to Jahar about how he's doing in school and how he should be doing. And then they would spend time just by themselves, like, you know, walking outside, talking. And for most of the time when I spoke to Tamerlan about Jahar, Tamerlan just couldn't -- he couldn't find enough words to express his love to his younger brother and to express how much he's ready to do in order for Jahar to be successful in life, for Jahar to be happy in his life.
MS. CLARKE: So did the respect and admiration go the other way? Did it appear that the two of them were very close?
ELMIRZA KHOZHUGOV: Again, I can't hear you well. I'm sorry.
MS. CLARKE: You've told us how Tamerlan viewed Jahar. How about how Jahar viewed Tamerlan?
ELMIRZA KHOZHUGOV: Oh, well, Jahar, him being the younger brother, he -- of course, he listened to Tamerlan. He went along any time Tamerlan would say let's go do this and that. He would just go along and always find time to actually go along. He would be a good younger brother, I would say, as he was supposed to be in the Chechen family.
MS. CLARKE: You mentioned the younger brother in a Chechen family. You've told me a saying that comes to mind about the younger and the older brother in a Chechen family. Can you tell the jury?
ELMIRZA KHOZHUGOV: There is a saying we have in Chechnya which goes like, it is -- in a family with seven sons, it is better to be a dog than the youngest son, meaning that the youngest of the boys is obliged to do the things that the other boys tell him. So he had to obey every order that the elder brother say, any of them, any of the six brothers. So in a way it's better to be a dog because then you wouldn't be able to do so many things because you're a dog and not a human.
MS. CLARKE: Your son Zia is also Anzor and Zubeidat's grandson. Did you maintain contact with them about your grandson after you left the United States?
ELMIRZA KHOZHUGOV: Did I what?
MS. CLARKE: Did you keep in touch with Anzor and Zubeidat regarding your grandson after you left the United States? I mean their grandson.
ELMIRZA KHOZHUGOV: My son stayed in the U.S. when I left for -- when we separated. Yes, he stayed with them, with the Tsarnaev family. Is that --
MS. CLARKE: Yes.
ELMIRZA KHOZHUGOV: -- what your question? I didn't hear your question well actually.
MS. CLARKE: I'm sorry. When you went back to Kazakhstan, Zia stayed in the United States?
ELMIRZA KHOZHUGOV: Uh-huh, yes.
MS. CLARKE: And at some point did he come back to Kazakhstan to be with you?
ELMIRZA KHOZHUGOV: Oh, yes, yes, he did. Zubeidat Tsarnaeva brought him on a flight from Boston to Almaty. She brought him to stay with me for a few months, two months or three months, I believe.
MS. CLARKE: Do you remember when that was?
ELMIRZA KHOZHUGOV: I do not remember the exact date, but Ziyaudi was about two and a half years old.
MS. CLARKE: So Ziyaudi was born in what year? 2007?
ELMIRZA KHOZHUGOV: April of 2007, yes.
MS. CLARKE: So maybe --
ELMIRZA KHOZHUGOV: April 15, 2007.
MS. CLARKE: 2009 or 2010 was when Zubeidat brought him to visit?
ELMIRZA KHOZHUGOV: Maybe a little later, maybe a little later than that, 2010 -- 2010 probably.
MS. CLARKE: When Zubeidat brought Ziyaudi to visit you, did you notice any change in her?
ELMIRZA KHOZHUGOV: Yes. When I met her in the airport, I was a little bit surprised by her clothing because she had all of her body covered with clothing. Basically, she dressed up as a good Muslim woman would.
MS. CLARKE: Was she wearing the hijab?
ELMIRZA KHOZHUGOV: Something like a hijab, yes. I can't say it was like the Arab hijab itself, but it was close to that.
MS. CLARKE: Did that surprise you? What effect did that have on you?
ELMIRZA KHOZHUGOV: To be honest, it actually made me laugh more than be surprised because, knowing that person, I know that wearing these clothes isn't going to change her, the way that she is actually. So I just saw it as an attempt to cover up what she has on her mind as if it could help.
MS. CLARKE: During this period of time, did you notice changes in Tamerlan? Did you have an opportunity to see Tamerlan after 2010?
ELMIRZA KHOZHUGOV: I was finishing college in 2011. And as I was about to graduate, I have agreed with my ex-wife Ailina that on my way back to Kazakhstan that I'm going to make a stop in Boston and pick my son up and fly with him. And when I stopped by, we were supposed to meet at South Station in Boston. And when I arrived, I spent, like, six hours waiting there to see her to pick up my son. But she never came, and I couldn't get in touch with her by phone either because her phone was either off or she didn't answer. So I started trying to call each member of the family. So I called the father, the mother, and the sister Bella, and then eventually I got through to Tamerlan, and I briefly spoke to him. I told him the situation, that I'm here waiting for my son. Do you know about the whereabouts of Ailina and the boy? And he said, No, I don't know where they are, and I can't get in touch with them either. So then I told him, Hey, I have a few hours here. Would you mind driving down to the South Station and talk to me about things? Life has moved on. Maybe you have things to discuss now. And his answer to me was surprising, actually, that, you know, I'm just getting out of my house, and I have to go to the mosque. I have to do some things at the mosque. I have to help out people. So, no, I'm not going to meet you.
MS. CLARKE: Was that surprising to you given your relationship with Tamerlan?
ELMIRZA KHOZHUGOV: Yes, it was surprising to me because usually, even though we have separated with his younger sister, we still kept a good relationship between ourselves. We didn't have a fight because we didn't have a conflict because of it. We still stayed -- I can't say we stayed good friends, but we were still in -- in -- at least in respect to each other.
MS. CLARKE: When did your son ultimately come to be with you in Kazakhstan?
ELMIRZA KHOZHUGOV: In fall of 2012.
MS. CLARKE: How did he arrive there?
ELMIRZA KHOZHUGOV: My younger brother was going to the same college as I was. And as he was finishing up his English program in the end of the summer, about that time, Zubeidat Tsarnaeva contacted my mother and told her that, if we wanted to, we could take Zia for a few months. So since my brother was already there, I told them that he's going to stop by in D.C. and take my son, and I asked them to bring Ziyaudi to D.C., to the airport. And eventually Jahar was the one who brought Zia to D.C. and gave him to my younger brother, and my younger brother flew with him to Almaty, Kazakhstan.
MS. CLARKE: You're aware that Zia had a relationship with Jahar as well, right?
ELMIRZA KHOZHUGOV: Oh, yes. Zia and Jahar, from the words of my son, Ziyaudi, Jahar is his older brother, and he was always around him when everyone would be either at work or somewhere else, at school. Jahar would be the one baby-sitting him. And they were like brothers.
MS. CLARKE: I'm going to show you a final picture, 3507-066. Do you have it there?
ELMIRZA KHOZHUGOV: Yes, I have it, yes.
MS. CLARKE: Can you tell the jury who that is in that picture?
ELMIRZA KHOZHUGOV: On this picture, you can see my son on the left, Zia, and Jahar Tsarnaev on the right.
MS. CLARKE: Is that reflective of your understanding of their relationship?
ELMIRZA KHOZHUGOV: Yes. I believe, on that picture, they are either on the Skype talking to someone else in the family. So probably Jahar was starting up the computer to let Zia talk either with one of my family members or maybe with me even.
MS. CLARKE: Can you tell us by looking at your son about how old he was at that time?
ELMIRZA KHOZHUGOV: He's about -- about he was four year old, I would say, yes, about four years old in that picture.
MS. CLARKE: In about 2011, before he came back to Kazakhstan?
ELMIRZA KHOZHUGOV: Yeah. It was about 2011, maybe fall of 2011.
MS. CLARKE: Thank you. Give me just one moment, Elmirza. I'll be right back.
MS. CLARKE: Elmirza, at some point, you've told us that Zia came to be with you in the fall of 2012 and the plan was for a few months, right?
MS. CLARKE: And that he would then return to Ailina, right?
ELMIRZA KHOZHUGOV: After that he was supposed to return, yes.
MS. CLARKE: And did he return?
ELMIRZA KHOZHUGOV: No, he did not return because later on we discussed it with Ailina. We decided that I might keep him for his birthday, which is April 15th. And, you know, on that date, on that exact date, the Marathon bombings happened. So a few days after the bombings, we found out who are the suspects. And after that, I decided that it's not a good idea to send my son over there at the moment.
MS. CLARKE: Thank you. I have no further questions. The prosecutor, Mr. Chakravarty, may have some questions for you.
ELMIRZA KHOZHUGOV: Thank you.
CROSS-EXAMINATION BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Good morning, Mr. Khozhugov. Excuse me, good evening for you.
ELMIRZA KHOZHUGOV: Good evening. Good morning, actually, for you.
MR. CHAKRAVARTY: Mr. Khozhugov, you just told us that your son Ziyaudi was born on April 15th, is that correct?
ELMIRZA KHOZHUGOV: Yes, April 15th, 2007.
MR. CHAKRAVARTY: 2007. And he spent some substantial time in the apartment at 410 Norfolk Street, the Tsarnaev family house?
ELMIRZA KHOZHUGOV: He spent a lot of time in there, yes, as I am aware.
MR. CHAKRAVARTY: And the defendant was close to him?
ELMIRZA KHOZHUGOV: Yes, the defendant was close to him.
MR. CHAKRAVARTY: And the defendant chose to bomb the Marathon on April 15th?
MS. CLARKE: Your Honor, I'd object.
THE COURT: Sustained.
MR. CHAKRAVARTY: And he was -- your son was supposed to come back to the United States for his birthday, correct?
ELMIRZA KHOZHUGOV: He was supposed to come back to the United States after his birthday party here in Almaty.
MR. CHAKRAVARTY: I see. So his birthday was going to be celebrated on April 15th in Almaty, and then he was going to return to the United States?
ELMIRZA KHOZHUGOV: Uh-huh, yes.
MR. CHAKRAVARTY: It was that day that the Marathon bombing happened, so you were not able to bring him back, correct?
MR. CHAKRAVARTY: Now, Elmirza, you grew up in Kazakhstan, correct?
ELMIRZA KHOZHUGOV: I did grow up here, yes.
MR. CHAKRAVARTY: And you are also of Chechen extraction, is that right?
ELMIRZA KHOZHUGOV: Ethnicity?
MR. CHAKRAVARTY: Yes.
ELMIRZA KHOZHUGOV: Yes, I am Chechen.
MR. CHAKRAVARTY: Are both sides of your family Chechen?
MR. CHAKRAVARTY: And despite that you've grown up in Kazakhstan, but you don't speak the Chechen language, correct?
ELMIRZA KHOZHUGOV: That is correct. I do not speak the Chechen language.
MR. CHAKRAVARTY: And you don't consider yourself to be an expert on Chechen culture, right?
ELMIRZA KHOZHUGOV: I do consider myself.
MR. CHAKRAVARTY: You do consider yourself to be an expert on Chechen culture?
ELMIRZA KHOZHUGOV: Fluent in the Chechen culture, absolutely.
MR. CHAKRAVARTY: Do you remember talking to the FBI back in 2013?
ELMIRZA KHOZHUGOV: Excuse me?
MR. CHAKRAVARTY: Do you remember talking to the FBI in 2013 after the bombing?
ELMIRZA KHOZHUGOV: Yes, I do remember that.
MR. CHAKRAVARTY: And do you remember telling the FBI that you do not speak Chechen, and you are not familiar with their culture or traditions?
ELMIRZA KHOZHUGOV: I do not recall me saying these exact words, but I may have said that, yes.
MR. CHAKRAVARTY: Regardless of -- Ruslan Tsarni, the defendant's uncle, he was also in Kazakhstan for several years, correct?
ELMIRZA KHOZHUGOV: That is correct.
MR. CHAKRAVARTY: At one point -- I think you described on direct examination that the Tsarnaev family came and lived with him in Kazakhstan, is that right?
ELMIRZA KHOZHUGOV: The children came and lived with him.
MR. CHAKRAVARTY: And that includes Tamerlan, Bella, and Ailina?
ELMIRZA KHOZHUGOV: Tamerlan was there, and I believe Ailina and Bella were, too.
MR. CHAKRAVARTY: And the defendant and his parents, however, they traveled to the United States around that time, correct?
ELMIRZA KHOZHUGOV: The defendant's parents were either on their way to the United States or already in the United States. I cannot say for sure because at that age I was not aware of all of what was happening in their family.
MR. CHAKRAVARTY: So I'm trying to establish that Ruslan Tsarni, your -- I guess he's your brother-in-law, but he was the defendant's uncle?
MR. CHAKRAVARTY: -- was very supportive of the rest of the Tsarnaev family; is that fair?
ELMIRZA KHOZHUGOV: Can you repeat the beginning of your question, please?
MR. CHAKRAVARTY: Sure. Ruslan Tsarni was very supportive of the Tsarnaev family, correct?
ELMIRZA KHOZHUGOV: In what respect?
MR. CHAKRAVARTY: Well --
ELMIRZA KHOZHUGOV: I don't -- it's not a clear question.
MR. CHAKRAVARTY: Okay. Thank you. Did he financially support the children when they lived with him in Kazakhstan?
ELMIRZA KHOZHUGOV: He was supportive of the children, yes.
MR. CHAKRAVARTY: And, in fact --
ELMIRZA KHOZHUGOV: He did pay for their school.
MR. CHAKRAVARTY: And, in fact, he helped put on your wedding, correct?
ELMIRZA KHOZHUGOV: He -- yes, he did help with the weddings for both of the daughters of Anzor.
MR. CHAKRAVARTY: There were times when Tamerlan would come and stay with you in Kazakhstan as you grew up -- as you were growing up, back when he was in his teens, is that right?
MR. CHAKRAVARTY: And Ruslan would support Tamerlan when he would come out to Kazakhstan as well?
ELMIRZA KHOZHUGOV: Ruslan was what? Excuse me.
MR. CHAKRAVARTY: Would Ruslan support Tamerlan when he would come to Kazakhstan as well?
ELMIRZA KHOZHUGOV: Yes, he did support him, of course.
MR. CHAKRAVARTY: Eventually, Ruslan came to the United States to live here, correct?
MR. CHAKRAVARTY: And when he came here, he visited you in Washington, I think you said?
ELMIRZA KHOZHUGOV: Well, since I was living in his house, yes, he visited.
MR. CHAKRAVARTY: So he actually purchased a house for you in Washington so you could stay there and go to school, correct?
ELMIRZA KHOZHUGOV: He didn't buy the house for me.
MR. CHAKRAVARTY: Okay.
ELMIRZA KHOZHUGOV: He just bought a house. And when it was time when I was about to go to college, he told me, Hey, there's this nice college right next to the place where I bought a house. Do you want to go there? And I said sure.
MR. CHAKRAVARTY: Okay. So you stayed in the house that he had purchased in Washington?
MR. CHAKRAVARTY: So he was generally very supportive of his family, is that right?
ELMIRZA KHOZHUGOV: He was very supportive, absolutely.
MR. CHAKRAVARTY: And he had the financial means, and he also had the interest in supporting people in his family, correct?
MS. CLARKE: Your Honor, I'm not sure --
ELMIRZA KHOZHUGOV: He had financial -- what did you say?
MR. CHAKRAVARTY: He had the financial means and had the interest --
THE COURT: I think there may be an objection.
MS. CLARKE: Your Honor, I'm just not sure the relevance of going off on --
THE COURT: Go ahead.
MR. CHAKRAVARTY: It won't be much longer.
MR. CHAKRAVARTY: Ruslan Tsarni was supportive of the people in his family, including you, including the Tsarnaevs, correct?
MR. CHAKRAVARTY: And is it fair to say that he was the youngest of the Tsarnaev brothers, or the Tsarni brothers?
ELMIRZA KHOZHUGOV: Can you repeat the question, please?
MR. CHAKRAVARTY: Was your -- was your brother-in-law Ruslan --
ELMIRZA KHOZHUGOV: Can you just speak more slowly? I can't catch the words so fast right now.
MR. CHAKRAVARTY: Was Ruslan Tsarni the youngest of the Tsarnaev brothers?
ELMIRZA KHOZHUGOV: Yes, he was the youngest.
MR. CHAKRAVARTY: And it's not customary that the youngest brother would be supportive -- would be the primary supporter of the other family members, is that correct?
ELMIRZA KHOZHUGOV: It is not very common that the youngest brother is the, so to speak, bread giver in the family. It is very unusual. And in most of the family that I know, usually it's the older brother who is supporting the younger children. But in respect to the Tsarnaev family, they just have a younger brother who outsmarted the rest of the family. And being that smart child in the family, he acts as if he's the eldest one, and he is trying to help the rest of the family. And it doesn't stop with his family. It also includes myself and my younger sister who is now living in his house and goes to college over there.
MR. CHAKRAVARTY: He lives in Maryland, is that correct?
MR. CHAKRAVARTY: And you describe being friends with -- strike that. Before we leave Ruslan Tsarni, he acts as the -- essentially, he takes the role of the patriarch of the family, as you describe, because he's the smartest in the family, is that right?
ELMIRZA KHOZHUGOV: Smartest and most successful, I would say.
MR. CHAKRAVARTY: And he's actually supportive of Alvi's son Andy as well?
ELMIRZA KHOZHUGOV: Yes, he is.
MR. CHAKRAVARTY: Okay. As well as -- I think you mentioned Hussein earlier?
ELMIRZA KHOZHUGOV: Hussein as well.
MR. CHAKRAVARTY: Now, you described you were friends with Tamerlan back in Kazakhstan, correct?
ELMIRZA KHOZHUGOV: Uh-huh, yes.
MR. CHAKRAVARTY: And he was a very likable fellow?
ELMIRZA KHOZHUGOV: He was very likable, yes.
MR. CHAKRAVARTY: And he was goofy and he had friends?
MR. CHAKRAVARTY: And when he came to the United States, you also spent some time with him with some of his friends here?
ELMIRZA KHOZHUGOV: I don't know -- he didn't have many friends in the U.S. outside of the Chechen community in there.
MR. CHAKRAVARTY: Do you remember telling the FBI that on the weekends he would meet with some of his friends, including one I think you mentioned was Abu Bakr, and they would sit around and drink beers?
ELMIRZA KHOZHUGOV: Again, please speak a little more slowly because the outdoor here is a little bit noisy. When you separate your voice, I can hear it better.
MR. CHAKRAVARTY: Sorry about that. Do you remember telling the FBI that you would spend some time with Tamerlan and some of his friends here in the Boston area? One person you named was Abu Bakr. And on weekends they would spend some time and they would drink beer?
ELMIRZA KHOZHUGOV: Yes, that happened.
MR. CHAKRAVARTY: And he was generally -- he was the same person that you knew back in Kazakhstan, correct?
ELMIRZA KHOZHUGOV: He has become bigger at that point, yes, and still he was very friendly. And I would say he would be the heart of the party or the center of attention again, yeah.
MR. CHAKRAVARTY: And he continued to box in the United States?
MR. CHAKRAVARTY: And I think you mentioned on direct examination that you -- that he told you that he was told not to box by a person named Misha, is that right?
ELMIRZA KHOZHUGOV: Yes, he told me that.
MR. CHAKRAVARTY: Do you remember telling the FBI in August of 2013 that it was actually his parents that encouraged him not to box anymore?
ELMIRZA KHOZHUGOV: His parents -- his father encouraged him to stop boxing. He was encouraging him for a few years before he actually stopped.
MR. CHAKRAVARTY: And then --
ELMIRZA KHOZHUGOV: But when I spoke to him on the phone, particularly he said to me that Misha told him that it's not appropriate in Islam, and that's why he stopped.
MR. CHAKRAVARTY: Do you remember also telling the FBI that you said he then started boxing again?
ELMIRZA KHOZHUGOV: He started what?
MR. CHAKRAVARTY: Boxing again.
ELMIRZA KHOZHUGOV: That -- yeah, that happened, and he was boxing, I mean, professional boxing, like in his high school, I mean, not exactly professionally but boxing for titles, and then he would quit and try something else. He would work and not do as much boxing. And then again he would attempt -- make an attempt to start boxing professionally again. He would go to the gym, spend a lot of time there. And eventually he just -- make sure you know the time patterns when you ask these questions actually.
MR. CHAKRAVARTY: So your last contact with Tamerlan was in 2010, is that right?
ELMIRZA KHOZHUGOV: My what with Tamerlan was in 2010?
MR. CHAKRAVARTY: Your last contact with Tamerlan.
ELMIRZA KHOZHUGOV: Over the phone, it was in 2011, last contact.
MR. CHAKRAVARTY: Over the phone was in 2011. But your last personal contact was in 2010?
MR. CHAKRAVARTY: Okay. And at that point, your relationship with Ailina was pretty well broken, correct?
ELMIRZA KHOZHUGOV: We were separated by that time, yes.
MR. CHAKRAVARTY: And do you remember telling the FBI that in your culture it's not allowable to maintain a friendship with the brother of one's ex-wife?
ELMIRZA KHOZHUGOV: Yes, I did say that.
MR. CHAKRAVARTY: And so you weren't having a lot of contact with Tamerlan after that point, correct?
ELMIRZA KHOZHUGOV: I did not have -- I was not supposed -- and I did not have a lot of contact with him as friends, but we were still family. And, yes, we did contact because we were family.
MR. CHAKRAVARTY: So when, in 2011, you said that you were at South Station hoping to spend some time with him, you shouldn't have been surprised that he was not eager to spend time with you, correct?
ELMIRZA KHOZHUGOV: No. I was surprised because --
MR. CHAKRAVARTY: I understand you told us that you were surprised.
ELMIRZA KHOZHUGOV: The reason -- I understand your question is about the reason why, because when I met him in 2010 and we were already separated with his sister, when I saw him, he hugged me and we did talk. And it was the same situation. I was picking up my son to take him with me, instead this time I was staying in D.C. with Ruslan. But a little more than a year later, what I get from him is, Hey, I'm busy with doing mosque things so, no, I'm not going --
MR. CHAKRAVARTY: So is it fair to say, though, by that time, by 2011, your relationship with the Tsarnaev family was based solely on their custody of Ziyaudi?
ELMIRZA KHOZHUGOV: Yes, it is correct.
MR. CHAKRAVARTY: And you didn't do a lot of socializing, and you weren't very communicative with them at that time, correct?
ELMIRZA KHOZHUGOV: We contacted mostly with a -- me and the mother Zubeidat, we contacted a lot.
MR. CHAKRAVARTY: And she acted as a liaison between you and the family?
ELMIRZA KHOZHUGOV: She act as what?
MR. CHAKRAVARTY: As a liaison between you and her sons and daughters.
ELMIRZA KHOZHUGOV: We just contacted for discussions about my son primarily, and then in between we would discuss how is every person in the family doing at that point in time.
MR. CHAKRAVARTY: So from 2010, 2011, 2012, and into 2013, you did not have a lot of a window into what was happening in the Tsarnaev household, correct?
ELMIRZA KHOZHUGOV: I did not have much physical contact with -- I mean, I didn't see them personally a lot. I did not talk to them a lot because it was not possible due to the distances. But in any way, they are my family and I am connected to them, not just through my son but also my sister who is married to their uncle. So we always knew about what's happening in between us. So it would be safe to say that we were informed of what was happening in the family.
MR. CHAKRAVARTY: But the relationship between Ruslan, your brother-in-law, and Anzor had also soured, and they were not talking to each other?
MS. CLARKE: Your Honor, the relationship --
ELMIRZA KHOZHUGOV: That is correct.
THE COURT: Go ahead.
MR. CHAKRAVARTY: And you weren't getting that much information about what was happening inside the Tsarnaev household, correct?
ELMIRZA KHOZHUGOV: I was getting information from the women in the family, I mean, my own sister and my -- and the grandmother of Jahar and Tamerlan, Liza and Zubeidat, too. The women, of course, find ways to talk to each other about what's happened. But given that Ruslan and Anzor didn't have the best relationship at this point in time, I couldn't get information from Ruslan. That's true.
MR. CHAKRAVARTY: The only information you were getting was information that Zubeidat wanted to get out, correct?
ELMIRZA KHOZHUGOV: That is possible, that we only heard what she wanted us to hear.
MR. CHAKRAVARTY: You mentioned that you didn't have that much of a relationship with Jahar when he came -- when you came to the United States because he was always studying when you would visit the home, is that fair?
ELMIRZA KHOZHUGOV: That is correct. We -- I was friends with his older brother, so I would spend more time with Tamerlan than with Jahar, of course.
MR. CHAKRAVARTY: Thank you, Mr. Khozhugov.
ELMIRZA KHOZHUGOV: Welcome.
MS. CLARKE: Thank you. I should probably -- Elmirza, thank you very much.
ELMIRZA KHOZHUGOV: Okay. Thank you.
THE COURT: We'll terminate the witness' testimony, and we'll terminate the connection.
Why don't we take a short break. We're almost at the morning recess time. We'll just take a short break early.
COURT CLERK: All rise for the Court and the jury. The court will take the morning recess.
(Recess taken at 10:45 a.m.)
COURT CLERK: All rise for the Court and the jury.
(The Court and jury enter the courtroom at 11:14 a.m.)
COURT CLERK: Be seated.
MS. CLARKE: Your Honor, the defense would call Dr. Jay Giedd.