Eric Whalley

Eric Whalley testified for the prosecution on Day 50 during the penalty phase about injuries he and his wife, Ann, suffered near Marathon Sports. Under Aloke Chakravarty's questioning, he recalled the explosion and scraping away his burning pants before losing consciousness. He described their treatment at different hospitals and reunion after each had believed the other was dead, while distinguishing his own memories from information learned later.

Whalley reported 44 hospital days and approximately 20 to 25 surgical procedures. He described permanent loss of sight in one eye, brain injuries with a retained ball-bearing, and extensive reconstruction to save his leg. He said full weightbearing took almost exactly 14 months and estimated that walking resumed after 16 to 17 months. Continuing problems included pain, swelling, hearing difficulties and impaired balance. He said amputation remained possible, not inevitable, and qualified his medical terminology and future health concerns.

Before his testimony, the defense objected to evidence about non-homicide survivors and graphic injury photographs. The prosecution proposed testimony about treatment, complications and medical risks rather than the impact on his life. The Court allowed the proposed testimony concerning grave risk of death, preserved the defense objection and initially reserved the photograph ruling. During Whalley's examination, the Court overruled renewed objections and admitted Government Exhibits 624, 1598 and 1593. Photograph 1599 was shown and discussed without a recorded admission. The Court also curtailed an extended rehabilitation answer, after which counsel changed questions. The defense declined cross-examination.