Day 60 - May 7, 2015

Mark Bezy completed testimony about possible confinement at ADX and special administrative measures, or SAMs. On cross-examination, he acknowledged that he had never administered or monitored SAMs and had read only the order in this case. He described possible increases in telephone access and inmate contact but stressed that eligibility did not guarantee advancement. He also distinguished ADX general population from an ordinary penitentiary and described communication screening and sanctions. On redirect, Bezy said SAMs renewals were tracked and that he knew of no terrorism-convicted inmate whose restrictions ended through forgotten renewal. He testified that Phase 3 required Department of Justice modification of SAMs and that some inmates waited years without approval. In his opinion, Tsarnaev's security classifications and threats from other inmates supported continued ADX confinement. On recross, he acknowledged relying on an FBI expert for his account of court-related SAMs action. He also agreed that other placement factors could override those he discussed, although he considered that unlikely, and that placement decisions were not his. The Court denied the defense's mistrial motion over Bezy's cross-examination, treating cost questions as an explanation of institutional incentives for step-down. After discussion, the judge reconsidered his initial concern about misleading impressions concerning SAMs nonrenewal and called for clarification. He later instructed jurors that punishment costs were irrelevant and must not enter their decision. The defense proposed Sister Prejean's testimony about remorse or, alternatively, character. The Court deferred that decision and excluded Tsarnaev's handwritten statement and an accompanying email. It also denied the defense's renewed request for Waltham law-enforcement materials, citing the prior denial, expressing uncertainty about authority to compel state authorities, and stating its belief that law-enforcement privilege applied.