Francis Hughes testified about the Watertown search and identified Tsarnaev as the person arrested from the boat. Cross-examination established that he arrived after the gunfire and did not see the boat; on redirect, he explained police precautions while acknowledging uncertainty about weapons or explosives.
Francis Hughes
Massachusetts State Police major and deputy commander of the Division of Investigative Services.
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Francis Hughes testified for the prosecution on Day 33 about the police search in Watertown and the response surrounding Tsarnaev's arrest from a boat. A Massachusetts State Police major, he described responding to MIT and then Watertown, organizing search teams and a perimeter, and replacing utility-dog searches with tactical teams because of concern that dogs could activate explosive devices. He explained transportation-security measures and the governor's shelter-in-place request, distinguishing the lifting of that request shortly after 6 p.m. from the continuing search.
During direct examination, the court struck Hughes's account of information attributed to the carjacking victim and raised a personal-knowledge concern about security decisions. After further foundation, it allowed the security testimony. Hughes's account of a 9-1-1 call was admitted only as a communication, not for its truth. A neighborhood map, Government Exhibit No. 1455, was admitted without objection, and Hughes identified Tsarnaev in court as the person arrested from the boat.
On cross-examination, Timothy G. Watkins established limits on Hughes's firsthand observations. Hughes arrived after the gunfire, did not see the boat, and later saw Tsarnaev pass on a stretcher covered by a blanket. He said flash bangs were deployed with significant intervals between them and knew of no reaction from Tsarnaev. The court admitted Defense Exhibit No. 3034 over a foundation objection but sustained an objection to describing a scene in another photograph that Hughes had not observed.
On redirect, Hughes explained that flash bangs generally disorient people and encourage surrender. He said repeated surrender requests had been ignored and described nearby evacuations, inner and outer police perimeters, aerial support, and a nearby bomb squad. He acknowledged that officers did not know whether weapons or explosives were present. The court barred his explanation of the investigative basis for concern that Tsarnaev was armed but allowed testimony about the precautions taken.
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