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2015 Federal TrialtranscripttranscriptJames Marinelli — Direct - Day 28 - 2015 Federal TrialFBI Special Agent James Marinelli described collecting and preserving the Forum restaurant’s surveillance equipment after the bombings. The defense asked no questions.
William D. WeinrebDavid I. BruckMiriam ConradGeorge A. O'Toole Jr.James MarinelliCourt ClerkJames MarinelliMR. WEINREBMR. BRUCKTHE COURTMS. CONRADdirect
14 pages·10 witnesses·1,963 lines
Survivors, relatives, and police officers described the Marathon explosions, rescues, and injuries. FBI witnesses addressed surveillance collection, and the Forum video was admitted. The court addressed photograph and injury-testimony objections, cautioned against testimony concerning punishment rather than guilt, and required prior permission for references to Iraq or Afghanistan.
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DirectDirectDirect Examination - James Marinelli James Marinelli William D. Weinreb

JAMES MARINELLI, duly sworn

COURT CLERK: Have a seat. State your name and spell your last name for the record, keep your voice up and speak into the mic so everyone can hear you.

JAMES MARINELLI: James Marinelli, M-A-R-I-N-E-L-L-I.

DIRECT EXAMINATION By MR. WEINREB:

MR. WEINREB: Good morning.

JAMES MARINELLI: Good morning.

MR. WEINREB: Where do you work?

JAMES MARINELLI: I work at the FBI in Boston.

MR. WEINREB: And what's your title?

JAMES MARINELLI: Special agent.

MR. WEINREB: How long have you been a special agent at the FBI?

JAMES MARINELLI: Seventeen years.

MR. WEINREB: What's your current assignment?

JAMES MARINELLI: I'm currently assigned to the white collar squad.

MR. WEINREB: Do you have any training as an FBI agent?

MR. WEINREB: What kind?

JAMES MARINELLI: Before -- you know, before being -- before becoming an agent you go down to Quantico, you do a period of time for initial training, and then there's various in-service training after you join a field office, and on-the-job training is continuous.

MR. WEINREB: Have you had training in particular in evidence collection?

MR. WEINREB: What kind?

JAMES MARINELLI: There was training at Quantico in, you know, the bureau's procedures and policies, and then just on-the-job training from, you know, doing various searches and things for cases.

MR. WEINREB: And what is emphasized in that training?

JAMES MARINELLI: I mean, primarily it's all -- you know, it's about how you collect the piece of evidence. So you have to, you know, be careful when you take it. You log it: Write down, you know, date and time, where you got it from, things like that.

MR. WEINREB: And are you given training in how to preserve its integrity so that it's not damaged or changed in the course of being collected?

MR. WEINREB: Did you work on the marathon bombing investigation?

JAMES MARINELLI: Yes, I did.

MR. WEINREB: Starting when?

JAMES MARINELLI: Starting on the day of the bombing.

MR. WEINREB: How soon after the bombings occurred did you get involved?

JAMES MARINELLI: I was -- well, I was on Boylston Street within 30 minutes.

MR. WEINREB: And what did you do when you showed up at Boylston Street?

JAMES MARINELLI: At that point we were -- you know, the order was just to get down there. We were looking for some direction, trying to figure out what went on. Pretty quickly we -- there was a rally point at California Pizza Kitchen, which is at Huntington -- I think it's at Huntington and Ring Road. So investigative personnel gathered there. And in the meantime, they were setting up, I believe, a command post at the Westin Hotel.

MR. WEINREB: Did you go to the Westin at some point?

JAMES MARINELLI: Yes. First I went to California Pizza Kitchen and then was directed over to the Westin.

MR. WEINREB: What happened when you got there?

JAMES MARINELLI: Well, the reason I was sent over there, and a number of us were sent over there, is because they were going to start to try to gather surveillance video from the businesses along Boylston Street, so I went up there to go meet with Rich Claflin, who was going to work that effort from our standpoint. There was also Boston police and state police there.

MR. WEINREB: What happened when you got there?

JAMES MARINELLI: They were gathering a list of businesses to contact. And, you know, initially there was -- you know, the Forum restaurant was mentioned as one that needed to be collected, so myself and another task force officer volunteered to go down and get that.

MR. WEINREB: What happened when you got to the Forum restaurant?

JAMES MARINELLI: Well, we didn't go right to the Forum restaurant. Obviously there was -- one of the crime scenes was right in front of the restaurant. We were on the corner of Ring Road and Boylston and we were waiting for the owner of the Forum restaurant to come meet with us.

MR. WEINREB: Did that happen?

JAMES MARINELLI: It did. Yup. We waited there. We were then -- we couldn't go directly into the front for the same reason I just stated, and we were led around -- around the crime scene area to the back of the restaurant. We entered through an alley and down into the basement.

MR. WEINREB: Why in the basement?

JAMES MARINELLI: Well, again, we ended up with Mr. Gouges -- he knew the restaurant. That's where the video surveillance system was. He had an office down there and the video surveillance system was down there. So he led us directly down there to collect the video.

MR. WEINREB: So when you say the surveillance system was down there, do you mean the cameras were down there?

JAMES MARINELLI: No, the cameras were, I believe, through the restaurant. There was one also out -- directed toward Boylston Street in front of the restaurant. But the actual -- the system that runs -- the video system itself was down in the basement. So there's a CPU down there, there were monitors down there. The cameras were posted throughout the restaurant.

MR. WEINREB: And you say there were monitors. Were they monitors that show what's on the cameras?

JAMES MARINELLI: I believe so. We weren't really looking at the monitors per se, but I remember that they were down there. And, yes, they would show what the cameras are showing.

MR. WEINREB: Is there some kind of device down there that was recording what the cameras were seeing?

JAMES MARINELLI: Yes. That was the CPU. So there was actually a computer unit that was recording the video.

MR. WEINREB: So what did you do, if anything, with that computer unit?

JAMES MARINELLI: Well, first Mr. Gouges pointed out to us -- directed us to where it was. He then offered to contact the gentleman who actually did the installation. It was a recent installation. And he, you know, offered to put us in touch with the gentleman that installed it so that we could make sure we didn't disturb anything by taking it.

MR. WEINREB: Did that happen?

JAMES MARINELLI: It did happen. He facilitated a phone call between myself and Gene Scaff, who was the person -- it was his company that installed the video. And I spoke to him just to make sure we were looking at the proper unit, the one that was actually recording the video, and ask him about anything that we might need to make sure that we can replay the video later.

MR. WEINREB: Once you got all that information, what did you do?

JAMES MARINELLI: We unplugged the computer just to, you know, preserve it in place, and then we disconnected everything from the CPU, and we took the CPU and the power cord with it. There was also a thumb drive or a dongle plugged into the back of it, and that was -- that partly ran the video system. That had, I guess, some of the code that ran the system.

MR. WEINREB: So you took all of that with you?

MR. WEINREB: And where did you take it?

JAMES MARINELLI: We took that back to the Westin where our command post was set up, and we also had a room set up for evidence collection.

MR. WEINREB: All right. And did you see it get taken in through the evidence collection room?

JAMES MARINELLI: Yes; I checked it into evidence myself. There were some of our evidence response personnel in there. They're the experts in handling evidence. So we took it to them, they checked it in, and we turned it over to them.

MR. WEINREB: All right. And then do you know if it was analyzed on the spot by somebody there?

JAMES MARINELLI: I believe it was. We knew just from the position of the video that that was an important video to review. And so we had stated that. You know, we called -- you know, we spoke to someone at the command post and we said, "This needs to be reviewed right away." So I believe they started to review it onsite, if not, they may have taken it right back to the office and reviewed it.

MR. WEINREB: And in the course of collecting it and bringing it to the Westin and having it checked into evidence, did you follow all the evidence procedures that you had been trained to follow to preserve the integrity of the evidence?

MR. WEINREB: No further questions.

MR. BRUCK: No questions. Thank you.

THE COURT: All right, Agent. Thank you. You may step down.

(The witness is excused.)

MR. WEINREB: The government calls James Tyra.

MS. CONRAD: May I confer with the government for a moment?

THE COURT: All right.

(Counsel confer off the record.)

THE COURT: Witness?

COURT CLERK: I'm just waiting for them.

(Pause.)

COURT CLERK: Sir.

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