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Tsarnaev: This is how they do you in federal court

Sometimes, win lose or draw, you just have to take a step back and admire.

Report by Jim Armstrong @JimArmstrongWBZ

Next witness is called: Special Agent Christian Fierabend, with the FBI in Boston.

Fierabend: the pressure cookers used on Boylston Street and Laurel Street are sold exclusively by Macy’s. The Fagor brand.

Fieraband: The FBI got sales records from the entire US for 4 qt and 6 qt Fagor pressure cookers. Only 3 of them were paid for in cash in MA

2 Fagors were sold in Boston and 1 Fagor was sold in Saugus, Fierabend testifies.

Fieraband just flew through it, but the FBI tracked every purchase in the country of those Fagor pressure cookers, using Macy’s records.

All but 3 of the cookers were paid for using credit cards, he testified.

The pressure cookers exploded on Boylston St. were 6-qt. Fagors; Laurel St. was a 4-qt., accd to Fierabend.

Fierabend is about to testify re: GPS used to track, we presume, the purchase of those pressure cookers. As govt tries to admit, sidebar.

There was a Garmin GPS device found in the carjacked Mercedes SUV from which coordinates were extracted; that’s the issue at sidebar now.

[This was the GPS device that Tamerlan was fooling around with when Dun Meng made a break for it]

Sidebar ends. Govt wins; GPS evidence is admitted. Fierabend created a map with the data taken from a portable Garmin.

AUSA Weinreb: this isn’t a Mercedes GPS, right? It was just found in there? – Yes.

Jurors are seeing a map of the area; with a black trail of travel.

GPS shows a stop at Square One Mall in Saugus for about 30 minutes, for example, on 1/31/2013 around 8pm.

Fierabend now reviews Macy’s data; on Jan. 31, 2013, a 4qt and a 6qt pressure cooker were sold in Saugus.

Purchases of pressure cookers appear to be just moments before the GPS tracks the car moving again, leaving the mall.

Govt points out: we can’t tell who was in car, who bought what, etc.

Fierabend: there were also portable GPS devices in #Tsarnaev’s father’s car. One device shows travel into NH on 3/6

On a new map, with travel routes plotted, the GPS shows a stop near a WalMart in Hudson. An earlier stop was in Amherst, NH.

Another stop noted on this GPS, near a WalMart in Manchester. FBI got receipts from all these WalMarts that correspond to those times.

Weinreb asks Fierabend to review 2 such WalMart receipts. 3/6/13, 3:22pm: “BB Ammo” is purchased, 2 boxes, in cash. This stop matches GPS.

Another purchase 3/6/13, 5:34pm, 2 more “BB Ammo” purchases; this visit also matches a GPS stop in Amherst, NH.

Fierabend: there was no surveillance video of the WalMart purchases (nor was their any at Macy’s).

FBI also got receipts from an online seller of radio-remote-control cars, Fierabend says.

Jurors seeing that receipt now; purchase is 2/8/13, made by Tamerlan #Tsarnaev. Tamerlan’s email: chechen_style@yahoo.com

Purchase: a “rally monster” toy truck, extra batteries, transmitter, receiver.

Tamerlan wrote: “You have a good website, but a lot of your stuff is out of stock.”

On April 4, 2013, someone using Tamerlan’s Amazon account bought more batteries and gear for a radio control car.

Next receipt comes from a store called “RC Cars of Boston”. Shows Tamerlan purchase of a new transmitter/receiver for radio-controlled cars.

Next: we see that Target receipt from Tamerlan’s wallet again; 4/14/13, day before bombings, he bought 2 backpacks (Ful & Jansport)

Weinreb: Were the remains of a Ful backpack found at the Boylston Street scene and remains of the Jansport at Laurel Street scene? – Yes.

Defense counsel can play that game too:

Watkins moves on to Watertown Target receipt for the backpacks. – Were you aware there was surveillance video from that store? – Yes.

Watkins: the video shows someone walk thru store and buy 2 backpacks? – Yes.

Watkins: let me show you a still image from that video at the Watertown Target. Fierabend: OK.

Jury sees the image. It is clearly Tamerlan, alone, on 4/14 buying the backpacks from the Target in Watertown.

 

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Frederick Leatherman

Frederick Leatherman

I am a former law professor and felony criminal defense lawyer who practiced in state and federal courts for 30 years specializing in death penalty cases, forensics, and drug cases.

I taught criminal law, criminal procedure, law and forensics, and trial advocacy for three years after retiring from my law practice.

I also co-founded Innocence Project Northwest (IPNW) at the University of Washington School of Law in Seattle and recruited 40 lawyers who agreed to work pro bono, assisted by law students, representing 17 innocent men and women wrongfully convicted of sexually abusing their children in the notorious Wenatchee Sex Ring witch-hunt prosecutions during the mid 90s. All 17 were freed from imprisonment.

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