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2015 Federal TrialtranscripttranscriptSonya Petri — Direct (Recall) - Day 59 - 2015 Federal TrialSonya Petri read Anzor Tsarnaev’s medical records describing psychiatric symptoms, a 2009 head injury, and continuing impairments. She testified as a reader and summary preparer, not a treating clinician.
Aloke ChakravartyWilliam D. WeinrebDavid I. BruckJudy ClarkeMiriam ConradGeorge A. O'Toole Jr.Sonya PetriTHE COURTMR. BRUCKMR. WEINREBSonya PetriMR. CHAKRAVARTYMS. CLARKEMS. CONRADsidebarproceduraldirect
9 pages·7 witnesses·2,172 lines
Defense witnesses described family relationships, adolescent brain development, medical records, school experiences, and custody conduct. Prosecutors questioned the limits of those accounts and the certainty of continued prison restrictions; the judge limited broader prison-condition questioning.
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Zubeidat Emails and Withdrawn Oath Instruction Request
sidebarsidebarZubeidat Emails and Withdrawn Oath Instruction Request

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

THE COURT: I don't think it's on the witness/exhibit list, but I think I've been advised that one of the issues might be the Zubeidat emails.

MR. BRUCK: Exactly.

THE COURT: Those will be excluded, okay? I think they're cumulative. I think the witness is not unavailable.

MR. WEINREB: Your Honor, we just wanted to put on the record that in light of the relative blandness of his testimony, we're withdrawing our request for an instruction about the lack of the enforceability of the oath or --

THE COURT: Okay. Thank you. That makes it easy for me.

ProceduralProc.Return to Open Court - Sonya Petri Called

(In open court:)

MR. BRUCK: Sonya Petri.

THE COURT: Good afternoon.

(Pause.)

DirectDirectDirect Examination - Sonya Petri Sonya Petri David I. Bruck

SONYA PETRI, previously sworn

DIRECT EXAMINATION BY MR. BRUCK:

MR. BRUCK: Good afternoon, Ms. Petri.

SONYA PETRI: Good afternoon.

MR. BRUCK: You have been previously sworn; you're a paralegal with the Federal Defender's Office?

MR. BRUCK: And you have read documents to the jury before in this trial, and you're here again to do that now?

MR. BRUCK: If it would please the Court, we would like to move into evidence the remainder -- and I understand there is no objection from the government -- the remainder of the medical records of Anzor Tsarnaev, those being Exhibits 3509B, which are Mass. General records; 3509C, which are from Spaulding rehabilitation; 3509D, which are also Mass. General records; and 3509J, which are the remainder of Mr. Tsarnaev's psychiatric and neurological records from 2005 until 2012. That is, this completes the records that were partially introduced yesterday when Dr. Niss testified.

THE COURT: All right. And there is no objection to those being entered?

MR. CHAKRAVARTY: No objection.

THE COURT: All right.

(Defense Exhibit Nos. 3509B, 3509C, 3509D, and 3509J received into evidence.)

MR. BRUCK: These are extremely voluminous, and rather than go through the records themselves, we would move in at this time Exhibit 3522, which is Ms. Petri's summary, extracts from the records.

MR. CHAKRAVARTY: Your Honor, I don't know if it's changed since when I saw it, I think, a couple of days ago, but if it's that version, I have no objection.

THE COURT: Okay. In principle, there's no objection; it's just a --

(Defense Exhibit No. 3522 received into evidence.)

MR. BRUCK: And if we could have 3522 displayed to the jury, your Honor. Thank you.

BY MR. BRUCK:

MR. BRUCK: Ms. Petri, you have in front of you Exhibit 3522 on the screen?

SONYA PETRI: Yes, it appears so.

MR. BRUCK: And can you tell us what -- this is a document of about how many pages?

SONYA PETRI: I believe it's four pages.

MR. BRUCK: I'm sorry. 3522. Oh, I'm terribly sorry.

THE COURT: This looks like a document used with Dr. Niss.

MR. BRUCK: No, it should have been 3523. My apologies.

MS. CLARKE: Your Honor, I believe 3522 went into evidence yesterday.

MR. CHAKRAVARTY: No, actually, that relates to --

MR. BRUCK: No, no, I don't think so.

The -- I had the number -- I had -- that's the exhibit we wanted. 23. My apology. I had the numbers reversed.

THE COURT: So you want 23?

MR. BRUCK: Yes. Yes, please. 22 is not coming into evidence. We are not offering it.

THE COURT: Is the document that's on the screen --

MR. BRUCK: This is the correct document, and this is 23.

MR. BRUCK: Thank you.

(Defense Exhibit No. 3523 received into evidence in lieu of Exhibit No. 3522.)

BY MR. BRUCK:

MR. BRUCK: Ms. Petri, can you tell us what Exhibit 3523 is?

SONYA PETRI: Yes. It's a summary of treatment records for Anzor Tsarnaev.

MR. BRUCK: And did you prepare this summary?

MR. BRUCK: And is this based on his medical records that have just been moved into evidence?

MR. BRUCK: What I would like to do, we're not going to read the entire document. The jury will have it. But I would like to call up a few items and ask you to read them for us, please, with the date and the notes, diagnosis. I should ask you: In preparing this summary, did you go through the records and extract the complaint -- that is to say, what Mr. Tsarnaev told the physicians at each of these medical appointments -- the diagnosis that was given at the conclusion of the interaction, and the medications that were prescribed?

SONYA PETRI: Yes, I did.

MR. BRUCK: And that's what this summary actually is?

SONYA PETRI: Yes, it is.

MR. BRUCK: Okay. Let me get this a little better.

SONYA PETRI: I can read it that way.

MR. BRUCK: You can -- okay. Go ahead.

SONYA PETRI: So on May 15th, 2006, Dr. Martirosyan notes that patient returns to treatment after stopping all medications. Symptoms returned about a month ago, and include panic attacks, insomnia, nightmares, memory problems and concentration, unstable mood. Feels differently at different times of the day. Thinks he hears someone calling his name and feels presence next to him. The diagnosis was PTSD, panic attacks with agoraphobia. And the medications prescribed were Lexapro and Trazodone.

MR. BRUCK: Thank you. All right. And the next page?

SONYA PETRI: This is March 12th, 2007. Provider is Dr. Martirosyan. Notes: The patient and wife are at the appointment. Patient reports feeling very anxious. Unable to control himself and wants to cry. Has frequent awakenings at night with flashbacks. Wife confirms his complaints and seems very supportive and caring. The diagnosis is PTSD and in moderate distress. Medications prescribed is Zyprexa, Lexapro, Ativan and Ambien.

MR. BRUCK: Thank you. The next page, please?

SONYA PETRI: On January 13, 2009, Dr. Mashkovich -- that's M-A-S-H-K-O-V-I-C-H -- notes that patient reports having auditory hallucinations (voices screaming his name or whispering) and some visual hallucinations (little lizard-like creatures) for past two to -- sorry, part three to four weeks. Says they are more intrusive than before. Inpatient admission advised, but patient wants to see if medication can help. Believes being in own home more beneficial mentally. The diagnosis is psychosis NOS, and the medications is Trilafon.

MR. BRUCK: Thank you. Next page?

SONYA PETRI: On August 8th, 2009, at around 10 p.m., Anzor is assaulted and battered at Arbat Restaurant. On August 9th, 2009, at 2:45 a.m., Anzor arrives by ambulance to the Cambridge Hospital where his condition deteriorates and he is intubated. On August 9th, 2009, at 5:30 a.m., a CT scan shows acute left parietal skull fracture depressed about eight millimeters associated with subarachnoid hemorrhage, pneumocephalus involving posterior parietal lobe and extending to left posterior convexity, mild cerebral edema and mild intervertebral disk space narrowing noted at C5-C6. And the diagnosis is subarachnoid hemorrhage, depressed skull fracture, and pneumocephalus.

MR. BRUCK: Next page? Oh, I'm sorry. Further on down?

SONYA PETRI: On August 11th, 2009, Anzor has surgery for the repair of his skull fracture at 7:10 p.m. And on August 12th, 2009, Anzor observed to have alternated motor function, decreased recall, altered gait pattern -- there's a spelling error there; it should be G-A-I-T -- impaired mental and cognitive function, and impaired visual and sensory function.

MR. BRUCK: Thank you. Next page?

SONYA PETRI: On August -- I'm sorry -- October 15th, 2009, the provider is Dr. Eydelman who notes: The patient reports unsteady gait, visual changes, tremor, auditory hallucinations, multiple voices screaming his name, and visual hallucinations (animal faces). "I am scared." Depressed, anergastic, irritable, angry, and talkative. And the diagnosis is psychosis NOS. Medications prescribed are Cogentin, Risperdal and Ambien.

MR. BRUCK: Next page, please?

SONYA PETRI: On May 6th, 2010, the provider is Dr. Eydelman who notes: The patient reports headaches, decreased vision, hearing problems, nosebleeds, depressed mood, flashbacks, confusion at times. Continues to experience auditory and visual hallucinations (multiple voices) and paranoid ideations. The diagnosis is psychosis NOS and organic delusional disorder NOS. Medications: Cogentin, Risperdal, Ambien and Neurontin.

MR. BRUCK: Thank you. Next page?

SONYA PETRI: On October 25th, 2010, Dr. Fridman of neurology notes: New patient intake. General symptoms include pain in left side of head, hearing loss, numbness in face, decreased vision lasting 30 minutes with gradual disappearance (several times a week). Neurological symptoms include headaches, syncopal episodes, tremors, migraines, vertigo, tingling, numbness, seizures, loss of feeling/power, loss of consciousness, confusion, weakness, insomnia, visual changes, dizziness, memory loss, gait abnormality, sleep problems, headache. No fainting spells. No sciatica. The diagnosis is chronic posttraumatic headache, depression with anxiety, and hyperlipidemia. The medications are Cogentin, Risperdal, Neurontin and Ambien.

MR. BRUCK: Two pages further on, please?

SONYA PETRI: On February 17th, 2011, the provider is Dr. Smurawska, who notes: Anzor Tsarnaev reports feeling quite overwhelmed. Appears depressed, tearful, having difficulty functioning, upset with minor things. "If I am not getting better, my wife would divorce me." Agreed that meeting together with wife next week would be good idea. Feeling weak physically, refused inpatient stay. Diagnosis is psychosis NOS, PTSD, organic delusional disorder NOS. Medications are Zyprexa, Risperdal, Cogentin, Ativan and amitriptyline.

MR. BRUCK: Next page, please?

SONYA PETRI: On September 23rd, 2011, the provider is Dr. Smurawska who notes: The patient came in -- sorry -- patient came for following up -- or follow-up with wife. Pleasant and cooperative. Feels better but easily overwhelmed and fluctuating. The diagnosis is psychosis NOS, PTSD, organic delusional disorder NOS, R/O mood disorder secondary to brain injury. Medications are amitriptyline and Ativan.

MR. BRUCK: And the last page?

SONYA PETRI: On April 3rd, 2012, a letter from Dr. Smurawska from the St. Elizabeth's Medical Center addressed to whom it may concern. It says: Patient suffering from mental illness. Not able to work. Needs constant supervision and support. And a visit note from April 3rd, 2012. Dr. Smurawska notes: Patient stopped coming to clinic six months ago. Divorced his wife. Stopped taking all meds. Psychotic. Will start Haldol and Depakote today. Very close follow-up. And diagnosis is psychosis NOS, PTSD, organic delusional disorder NOS, R/O mood disorder secondary to brain injury. Medications are Haldol, Cogentin and Depakote.

MR. BRUCK: Thank you, Ms. Petri.

That's all we have.

THE COURT: That's all? Thank you.

SONYA PETRI: Thank you.

(The witness is excused.)

MS. CONRAD: The defense calls Jennifer Carr-Callison.

Continue to next page5.Jennifer Carr-Callison — Direct