BOSTON (CBS/AP) — A friend of Boston Marathon bombing suspect Dzhokhar Tsarnaev says he did not understand his constitutional rights while he was being questioned following the attack.

Dias Kadyrbayev  is accused of removing items from Tsarnaev’s dorm room several days after the bombings. He took the witness stand Monday during a hearing on his request to suppress statements he made to authorities.

On the stand Monday, Dias said: “the agent told me, ‘listen man where the (expletive) is Dzhokhar!’ I was like, ‘I don’t know. I don’t know.’ I was scared. He said, ‘listen don’t (expletive) with me.'”

The native of Kazakhstan said his English was not proficient enough for him to understand the written forms he signed that explained his right to remain silent and to speak to a lawyer. He also said he was intimidated while authorities questioned him.

During cross-examination, prosecutors showed Kadyrbayev emails, text messages and a college application, all written by him in English.

After being questioned for many hours with authorities Dias said on the stand, “I asked the agent, ‘do I need a lawyer?’ and he said, ‘oh no oh no your trying to help us out.'” Then Dias changed his statement saying “He didn’t say I didn’t need a lawyer but I am okay because I am trying to help us out.”

During cross examination the government argued that Dias was fully aware of what was being said to him. Dias admitted that before Tsarnaev was identified by name as the suspect that he told a friend that Tsarnaev was the man in the white hat.

Dias’s testimony and cross examination is far from over. Both sides will back in federal court Tuesday morning.

WBZ-TV’s Paul Burton contributed to this report.

 (TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)




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