14.William Richard — Direct
374 linesWILLIAM RICHARD, Sworn
COURT CLERK: Be seated. State your name and spell your last name for the record.
WILLIAM RICHARD: Sure. William Richard, R-i-c-h-a-r-d.
DIRECT EXAMINATION BY MS. PELLEGRINI:
MS. PELLEGRINI: Good afternoon, Mr. Richard.
WILLIAM RICHARD: Good afternoon.
MS. PELLEGRINI: If you can't hear me at any time, please let me know. I'll speak up and speak into the microphone.
WILLIAM RICHARD: Sure.
MS. PELLEGRINI: Mr. Richard, will you tell the jury where you reside?
WILLIAM RICHARD: I live in Dorchester, in Dorchester, Mass. with my family.
MS. PELLEGRINI: Your family, who is your wife?
WILLIAM RICHARD: My wife is Denise.
MS. PELLEGRINI: How long have you been married?
WILLIAM RICHARD: You told me you weren't going to ask me any trick questions.
MS. PELLEGRINI: Tough question.
WILLIAM RICHARD: A long time.
MS. PELLEGRINI: A long time. Do you and Denise have children?
WILLIAM RICHARD: Yes. We have a son Henry, a daughter Jane, and our son Martin is deceased.
MS. PELLEGRINI: Is your son Martin Richard the child who died on Marathon Monday in April -- on April 15, 2013?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: Mr. Richard, with respect to the Marathon, prior to 2013, had you and your family ever attended the Marathon or any of the events surrounding it?
WILLIAM RICHARD: We attended the Marathon and the events surrounding the Marathon several times.
MS. PELLEGRINI: Can you tell us about that?
WILLIAM RICHARD: Sure. It was -- the Marathon always fell on the first day of April vacation, so it was always a school holiday. I -- Denise and I had attended the Marathon before we had kids, even through college, just hanging out on Heartbreak Hill or wherever. But when we had kids, we kind of made it a ritual to go in. And we always knew someone who was running. Even if we didn't know someone who was running, it was just something we did as part of living in the city. We loved living in the city, and we loved participating in anything that involved jumping on the T and hustling through town.
MS. PELLEGRINI: Were you yourself a runner?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: Did you ever run the Marathon?
MS. PELLEGRINI: Were your children involved in running activities?
WILLIAM RICHARD: We were a very active family.
MS. PELLEGRINI: And, in fact, in April 2013, did your children participate in one of the BAA-sponsored events?
WILLIAM RICHARD: The children have been participating in what's called the Youth Relay, which occurs the Saturday before Marathon Monday, for the past several years perhaps -- well, at this point, we missed -- we may have missed one, but for at least four or five years.
MS. PELLEGRINI: In 2013, who participated in the Youth Relay?
WILLIAM RICHARD: Henry, Martin, and Jane.
MS. PELLEGRINI: Is there an age limit for the children in the Youth Relay?
WILLIAM RICHARD: Not that I recall, no.
MS. PELLEGRINI: Was this Jane's first time?
WILLIAM RICHARD: Yes. I believe it was her first time participating in the relay.
MS. PELLEGRINI: Now, on Marathon Monday, can you tell us how you got to the Marathon?
WILLIAM RICHARD: Sure. We -- as we always do, we were late getting out of the house. My goal is to always get in place on Hereford Street to see the lead runners. So it's where we live, which is close to the Red Line. It's kind of pointless to drive. So like we always do, we're hustling out of the house, grabbing snacks and duffel bags and whatever we need for a long -- ends up usually being a long day in the city. And we jumped on the Red Line at Ashmont and got off at Park Street. And we walked up -- I think this time we walked up Comm Ave and then eventually over to Newbury Street. And I was walking quickly because we were running late, and so we were segmented a little bit. And we eventually got to Hereford Street, and the lead runners had already gone by so we missed them. But we've been there in the past for them, so it was just unlucky that day.
MS. PELLEGRINI: Did you have favorite places to go to having previously been to the Marathon?
WILLIAM RICHARD: Favorite places to watch?
MS. PELLEGRINI: To watch, yes.
WILLIAM RICHARD: Yeah. We would -- as far as I can recall, as a family, we would -- we had been going to Hereford Street for at least five years. Before Jane was born, we went to the finish line, and Denise was actually carrying Martin in one of those baby Bjorns with Henry, and our good friend was running. And he wasn't a fast runner but he always finished. One of the best pictures we have is him finishing about five and a half hours after the start. But when we started having children, we would -- the finish line just became so hectic that we tried to find a space that was a little less hectic and gave us a little breathing room. The corner of Hereford Street and Newbury Street kind of offered that spot just as the runners took the turn down Boylston but allowed us to have some space to breathe if we needed to.
MS. PELLEGRINI: Was there also another attraction, at least for the children, in that particular area?
WILLIAM RICHARD: There was -- stores, in particular, some ice cream and smoothie stores that would be giving away free samples. Kids would be leaving the area where the runners are and going to get a free smoothie. Then we would eventually make our way to one of the ice cream shops and get ice cream as we're tracking runners, just kind of go back and forth because, as young kids, they're really into watching the runners, but you get a little tired, you know, looking up one direction for too long.
MS. PELLEGRINI: Now, I'm going to go back to that smoothie and ice cream. But in 2013, was there a runner in particular that you and your family were watching?
WILLIAM RICHARD: We were there to watch coaches of the kids. The kids are part of a track program, and we were there watching and trying to track in particular runners from that we knew -- that happened to be the kids' coaches. But other people we knew just randomly. So everyone in this room probably knows someone that's running the Marathon that day, so we probably knew a half a dozen people that were running. In particular, we were there so the kids could see their coaches that helped them the previous Saturday.
MS. PELLEGRINI: Now, going back to -- we're talking about that spot where there's smoothies and ice cream.
MS. PELLEGRINI: May I have Exhibit 37 marked for identification for counsel and the witness only at this point, your Honor?
MS. PELLEGRINI: Mr. Richard, do you see the image on the screen before you?
WILLIAM RICHARD: Yup.
MS. PELLEGRINI: All right. Do you recognize that image?
WILLIAM RICHARD: I do.
MS. PELLEGRINI: Can you tell us briefly and generally what this depicts?
WILLIAM RICHARD: This is looking from the Marathon course down Newbury Street. So we are at the spot that I just described, looking at the runners just before they take the turn, which would be a left-hand turn onto Boylston Street.
MS. PELLEGRINI: And does this fairly and accurately represent your family in the position that they were in at that location on Marathon Monday in 2013?
WILLIAM RICHARD: It does.
MS. PELLEGRINI: Your Honor, the government would offer Exhibit 37 to be published.
THE COURT: Okay.
MR. BRUCK: No objection.
(Government's Exhibit No. 37 received into evidence.)
MS. PELLEGRINI: Mr. Richard, the screen in front of you is a touchscreen, and if you use your finger, the pad of your finger, it can make a circle or an arrow. So I'm going to ask you to look at that and identify the family members in the image if you will.
WILLIAM RICHARD: Sure. So you want me to circle and identify?
MS. PELLEGRINI: Yes.
WILLIAM RICHARD: Okay. That's Henry.
MS. PELLEGRINI: For the record, so you've drawn a yellow circle over the boy with the bangs on the left side of the picture.
WILLIAM RICHARD: That's Jane.
MS. PELLEGRINI: All right.
WILLIAM RICHARD: With two legs.
MS. PELLEGRINI: Little girl in the green jacket standing on the fence.
WILLIAM RICHARD: That's Denise.
MS. PELLEGRINI: The woman wearing the cap.
WILLIAM RICHARD: And that's Martin.
MS. PELLEGRINI: A little boy also standing on the fence, kind of a black jacket. Do you know what he has in his hands?
WILLIAM RICHARD: No. Probably a snack of some sort or a wrapper it looks like. I can't tell.
MS. PELLEGRINI: Do you know where you were?
WILLIAM RICHARD: I was probably either behind the street sign there or off to our left, which we would often kind of walk back and forth from that area. If you found a spot on the rail, you typically just kind of grabbed it and held it. But I at that point was probably just getting away from the crowd.
MS. PELLEGRINI: I see both Jane and Martin are standing on the railing. Did you try to find spots where that could happen?
WILLIAM RICHARD: Absolutely.
MS. PELLEGRINI: All right. From this location, can you tell us where you went?
WILLIAM RICHARD: So we left this location because it was time for ice cream. And we decided to -- we were trying to track the runners, as I mentioned, having difficulty with the cell coverage and stuff like that. So many people running by, sometimes they run by and you actually miss them. So we thought, well, let's -- or perhaps we had realized that we had a little more time left, I think is what it was. We decided that we should get ice cream and come back. So rather than going -- normally we'd go to a place right next door called Emack & Bolio's, but we decided to walk down Newbury Street to Ben & Jerry's. And we were able to get a seat inside. So we sat inside. The three kids had ice cream. Denise and I took some bites of theirs. And I can even remember the details of what each of them ordered, but unless you want to know, I'll keep that to myself.
MS. PELLEGRINI: I'll let you have your memories. How long did you stay at Ben & Jerry's?
WILLIAM RICHARD: Oh, 20 minutes.
MS. PELLEGRINI: And from there where did you all go?
WILLIAM RICHARD: Well, because we were far enough down Newbury Street at that point -- and in years past, you know, Jane would be a little smaller and the kids had had their ice cream, so they had a little more energy to -- it was either kind of do we go home or do we kind of try to go back and stick it out for a little longer? So we decided to do something that we usually don't do and try and find a place closer to the finish line.
MS. PELLEGRINI: At that point, though, were you or Denise tracking a particular runner with updates on a phone or anything like that?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: Do you know whether -- at this point had your friend gone through the finish line?
WILLIAM RICHARD: It was telling us no, but I had a BlackBerry. I couldn't track much with that. And for whatever reason, we just weren't clear. So we just figured we'd give it a try. So we weren't sure. We thought it was going to be close. If we got to the finish line, we knew it was going to be close.
MS. PELLEGRINI: So from your location on Newbury Street at the ice cream store, how did you get to Boylston? How did you get to that spot on Boylston?
WILLIAM RICHARD: Right. So we walked up one of the streets that run perpendicular to Newbury and Boylston Street, and we ended up close to the finish line. And it was really crowded, so we started walking up the sidewalk on Boylston Street and might have stopped once and just kept going until we found a spot that was a little thinner that we could get the kids a seat -- a location where they could stand as they are now.
MS. PELLEGRINI: Now, you say that the crowd is dense in some place, thinner in others. Generally, what were the crowds like there on Boylston Street?
WILLIAM RICHARD: Oh, it was very busy. You know, it was people bumping into each other as you're walking, and it was hustling and bustling. It was a beautiful day.
MS. PELLEGRINI: And did you eventually come to a location where you stopped on Boylston Street to watch?
WILLIAM RICHARD: Yes. We -- it was very random. We had no reason to stop where we did other than it was -- there was just -- there was just an opening, and so we took it.
MS. PELLEGRINI: Where was that?
WILLIAM RICHARD: It was in -- I didn't even know it at the time, but it was in front of the Forum restaurant.
MS. PELLEGRINI: May I have Exhibit 29, which I believe is already in evidence?
MS. PELLEGRINI: Mr. Richard, I'm going to ask you to look at this image before you. Do you recognize your family here?
WILLIAM RICHARD: I do.
MS. PELLEGRINI: Again -- I'm not real good at this, but -- can you tell us where everybody is as far as you know?
WILLIAM RICHARD: Sure. That's me. That's Jane with two legs. And that's Martin.
MS. PELLEGRINI: Can we go back on that, Mr. Bruemmer? Can we enlarge again. Original, please.
MS. PELLEGRINI: I've made it a little bit back to its original size. Is Henry in this picture as well?
WILLIAM RICHARD: Yeah. He's a little more difficult to -- he's grown so much in the last two years, but that's him right there.
MS. PELLEGRINI: And behind him, with the hat?
WILLIAM RICHARD: Oh, yeah. Denise is just at the top of the circle that I drew. You can see her brown hat. So Denise is standing right behind Henry.
MS. PELLEGRINI: Did you know anybody else in this area as depicted in this photo?
WILLIAM RICHARD: No, no. We made friends with, you know, a couple of the boys standing next to us, but that was about it.
MS. PELLEGRINI: Mr. Richard, did you ever see this man with the white hat, bill turned backwards?
WILLIAM RICHARD: Until today in person, no.
MS. PELLEGRINI: When you were at this location, tell us what happened, what you remember.
WILLIAM RICHARD: Repeat.
MS. PELLEGRINI: When you got to this location -- let me ask you this: What's the next thing that you recall happening?
WILLIAM RICHARD: Well, depending on exactly when this photo was taken, which I suspect it was just moments before the first explosion, we were all simply looking up Boylston, and we heard a thunderous explosion down towards the finish line. And everybody just kind of looked down towards the finish line and really didn't know what to make of it. I thought it was -- the first thing that popped into my head was a sewer explosion because they had been in the news recently. And nobody could see it because it was on the inside of the road. So while we're all looking down, it was happening on the sidewalk, so we really couldn't see anything. And time slowed down, and I just recall -- and I recall thinking, Okay. We should probably go. And I heard somebody -- I wasn't sure. I wasn't sure if we should go or if we should just stay calm. It didn't appear to anybody standing in front of the Forum that there could be a second bomb. Whatever happened down the road, we didn't even know -- it was even -- as booming as it was, you couldn't even predict how bad it was. You just knew it wasn't good. And at that point I heard somebody yell, Get in the street. And it registered with me as well that whatever happened happened on the sidewalk or came out of one of the storefronts. So I thought, Okay. Let's go over this railing and start walking up Boylston Street.
MS. PELLEGRINI: Can I just stop you right there?
MS. PELLEGRINI: Again, for counsel and the witness only, it's 21-2.
MS. PELLEGRINI: Mr. Richard, have you seen this image previously?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: Do you recognize what is depicted here in this photograph?
WILLIAM RICHARD: The first bomb had just exploded, and everybody is trying to see what it was that happened.
MS. PELLEGRINI: And to the best of your recollection, does this fairly and accurately depict where your location was and, in fact, depict you at the time of the first explosion as you just explained to us?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: Your Honor, the government would offer 21.2.
THE COURT: Okay.
(Government's Exhibit No. 21-2 received into evidence.)
MS. PELLEGRINI: May it be published?
MS. PELLEGRINI: Mr. Richard, looking at that image now on the screen, do you see yourself there?
WILLIAM RICHARD: I believe so, yes.
MS. PELLEGRINI: Let me ask you this actually before I go on. You indicated that there was the first explosion. Which direction did you look -- did you, if you looked, towards?
WILLIAM RICHARD: I looked -- when the first explosion happened, I looked toward the explosion.
MS. PELLEGRINI: And did you look around to see what others were doing as well?
WILLIAM RICHARD: Yes. Everybody else was looking in the same direction.
MS. PELLEGRINI: And, in fact, isn't that what's depicted here?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: Now, at this location, directing your attention to the -- let me see if I can do it -- the tree area.
WILLIAM RICHARD: Right.
MS. PELLEGRINI: Had you moved from your location?
WILLIAM RICHARD: Well, when the first bomb exploded, some people kind of reconfigured a little bit. I do remember people just kind of merging together a little bit. And I can't remember exactly where I moved from, to. But I do remember trying to move closer to where -- because there were two people separating my family. So I recall trying to get closer to say to Denise that we're going to go. And I believe I did say the words, We're going to go.
MS. PELLEGRINI: Did you have a chance to move?
WILLIAM RICHARD: Well, my intention -- thinking so many steps ahead, I thought what I was going to do was get myself over the barricade and then lift the kids over and assuming that -- and then Denise could get herself over, and we'd simply just walk calmly up Boylston Street.
MS. PELLEGRINI: Were you able to do that?
WILLIAM RICHARD: No. I recall trying -- the last thing I remember is the beginning of hoisting myself over the fence.
MS. PELLEGRINI: What's the next thing that you remember after that?
WILLIAM RICHARD: The next thing I remember is hearing -- unlike the first bomb that was just a loud thunderous boom, this one was an ear-piercing sound that was very more high pitched than the first. And I remember getting up from -- I was blown into the street, and I -- would you like me to continue?
MS. PELLEGRINI: Yes, please.
WILLIAM RICHARD: So I was blown into the street, and I remember getting up, orientating myself, and immediately walking back to where I came from.
MS. PELLEGRINI: So I'd like to show you what's been marked for identification -- again, counsel and witness only -- Exhibit 34. Mr. Richard, do you recognize the scene shown here?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: And, in fact, are you in this photograph?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: I'm going to just -- can you tell us where you are and, if you know, where your family members are?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: I'm sorry. Actually, Mr. Richard, I'm sorry. Does this fairly and accurately represent the scene immediately after the blast when you found yourself out in the street?
WILLIAM RICHARD: It does.
MS. PELLEGRINI: Your Honor, the government would offer Exhibit 34.
THE COURT: Okay.
(Government's Exhibit No. 34 received into evidence.)
MS. PELLEGRINI: So, Mr. Richard, can you tell us what we're looking at here?
WILLIAM RICHARD: You're looking at the scene of the Forum after the second bomb exploded and I've made my way back to the sidewalk, and I'm lifting the barricade that had fallen to an upright position.
MS. PELLEGRINI: Could you circle yourself, sir?
WILLIAM RICHARD: I'm sorry?
MS. PELLEGRINI: Could you make a circle?
WILLIAM RICHARD: Yes. I'm right there.
MS. PELLEGRINI: You've indicated the person whose back is to us a little off center on the left-hand side?
WILLIAM RICHARD: I'm sorry?
MS. PELLEGRINI: A little off the center, you've drawn a yellow circle around you, is that correct?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: Who else is in this photo that you know?
WILLIAM RICHARD: Right. So that's Jane.
MS. PELLEGRINI: You drew a circle, another yellow circle, a little girl wearing a green jacket close to the tree?
WILLIAM RICHARD: Right. That's Henry.
MS. PELLEGRINI: Little boy with a gray hoodie all the way to the left?
WILLIAM RICHARD: And Denise is right there.
MS. PELLEGRINI: Right next to Henry. Do you know where Martin is at this time?
WILLIAM RICHARD: Martin is on the ground where Denise is reaching.
MS. PELLEGRINI: Do you know if we can see any portion of Martin's body here?
WILLIAM RICHARD: I'm sorry. Do I know if I can see any portion?
MS. PELLEGRINI: Yes, of his body, in this photo, if I enlarge this.
MS. PELLEGRINI: Go back to the original size.
MS. PELLEGRINI: So, Mr. Richard, you indicated that you are taking the barrier back.
WILLIAM RICHARD: Right.
MS. PELLEGRINI: What happens next?
WILLIAM RICHARD: What happens next is I -- at that point I hadn't seen Jane. I had seen Denise; I had seen Martin; and I had seen Henry. And after I lifted the barrier, Henry walked towards me and we embraced. And he said, Is this really happening? And I said yes. I said, You need to help me find your sister. And even though she was standing or kneeling right behind me, I hadn't seen her. And he pointed out -- at that time he pointed out Jane to me.
MS. PELLEGRINI: Did you make observations looking at Jane at that time?
WILLIAM RICHARD: I did. I didn't know the extent of her injuries.
MS. PELLEGRINI: What did you know?
WILLIAM RICHARD: I knew that she was scared.
MS. PELLEGRINI: May I have, again, for the counsel and the witness Exhibit 32.
MS. PELLEGRINI: Mr. Richard, looking at the image in front of you, Exhibit 32 marked for identification, do you recognize the scene shown here?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: And, in fact, are you in this photograph?
WILLIAM RICHARD: I am.
MS. PELLEGRINI: Does this fairly and accurately represent the scene immediately after the blast on Boylston Street?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: Your Honor, the government would offer Exhibit 32.
THE COURT: Okay.
(Government's Exhibit No. 32 received into evidence.)
MS. PELLEGRINI: Mr. Richard, can you tell us what's happening here?
WILLIAM RICHARD: It's the -- I'm -- had not seen Jane. I'm walking towards my son Henry. Henry is in the gray sweatshirt with his hand on his head, and I'm reaching for him to come towards me.
MS. PELLEGRINI: Mr. Richard, I notice, looking at your pants leg that's right here --
WILLIAM RICHARD: Right.
MS. PELLEGRINI: What's happened here?
WILLIAM RICHARD: I, like many people, suffered -- my pants were torn apart. My sneakers were torn apart. And I suffered shrapnel and severe burning to my legs.
MS. PELLEGRINI: Mr. Richard, what could you hear at this time?
WILLIAM RICHARD: I couldn't hear much of anything. It was deafening. I could -- it was muted chaos. I could hear -- I could hear but it was very difficult.
MS. PELLEGRINI: And what other physical effects did you take note of? What did you smell? What did you see?
WILLIAM RICHARD: It smelled -- it smelled like gunpowder, sulfur, burned hair. It smelled vile.
MS. PELLEGRINI: Now, in the exhibit on the screen at the moment -- let me clear this. Can you tell us where Henry is?
WILLIAM RICHARD: Circle.
MS. PELLEGRINI: So drawing a yellow circle again around a little boy with a gray hoodie. At this time you say you haven't seen Jane?
WILLIAM RICHARD: That's right.
MS. PELLEGRINI: And have you seen Denise and have you seen Martin?
WILLIAM RICHARD: I had seen Denise kneeling over Martin. I did not know the extent of Martin's injuries.
MS. PELLEGRINI: Did you -- with respect to Jane, when did you find Jane?
WILLIAM RICHARD: After this photograph, Henry walked to the end of the fence and we turned around. My -- I was thinking that I needed to get people off the sidewalk. So I wanted to simply just get Henry off the sidewalk and at least off the curb into the street. And it was then when Henry said, There's Jane, and she was by the mailbox.
MS. PELLEGRINI: May I have Exhibit 24 up? I believe it's already in evidence.
MS. PELLEGRINI: Mr. Richard, this photograph here is already in evidence. Do you see yourself in this photo?
WILLIAM RICHARD: I do.
MS. PELLEGRINI: Now, you indicated that you had seen Henry and that at some point he came toward you?
WILLIAM RICHARD: Right.
MS. PELLEGRINI: Is that when this happened?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: Do you see Jane in this photograph?
WILLIAM RICHARD: I do. And I previously said the "mailbox." I meant the tree. She was closer to the mailbox, but I do see Jane.
MS. PELLEGRINI: Again, for the jury, can you circle where Jane is?
WILLIAM RICHARD: Sure.
MS. PELLEGRINI: You've drawn a circle around a girl wearing a green shirt or jacket.
WILLIAM RICHARD: Right.
MS. PELLEGRINI: A little off the center of the tree.
WILLIAM RICHARD: Right.
MS. PELLEGRINI: Again, at this point could you make any observations of Jane's injuries?
MS. PELLEGRINI: So once you got ahold of Henry, what happened?
WILLIAM RICHARD: I recall walking towards Jane, and she tried to get up and she fell. And it was then when I noticed her leg. So I picked her up in one arm and I took Henry in the other, trying to shield both of their eyes. And I walked across Boylston Street.
MS. PELLEGRINI: What specific observations did you make about Jane's leg?
WILLIAM RICHARD: That it was -- she didn't have it. It was blown off at the site.
MS. PELLEGRINI: And where did you go from the sidewalk?
WILLIAM RICHARD: I was bringing -- at that point I knew that she needed help, so I was trying to find medical attention for her. And so I walked into the street until someone approached us to help.
MS. PELLEGRINI: And do you know who that was?
WILLIAM RICHARD: I don't -- there were several people helping, and at the time I didn't know who it was.
MS. PELLEGRINI: What happened there at that site?
WILLIAM RICHARD: So they took Jane, and they put her on the ground, and they started treating her. And I said that I needed to go back and check on my wife and son. So I -- Henry was clinging to me, and I walked back across Boylston, not the entire way, from where we were. And I could hear Denise yelling my name. And I was still covering Henry's eyes. And I believe at that time I think -- I walked back at least two times across Boylston Street, once with Henry and once without him. And I left him on -- I sat Henry down on the other side of Boylston Street with someone who assured me that he was safe and that he -- and I told them that I would be right back. And I went back across the street to check on Denise and Jane -- Denise and Martin.
MS. PELLEGRINI: When you got back to their location, what happened?
WILLIAM RICHARD: Well, I saw Denise and other people hovering over trying to help Martin. And I knew that I needed to get back to help Jane. When I saw Martin's condition, I knew that he wasn't going to make it. So I -- I knew Denise was okay, though I didn't know the extent of her injuries. And I told her that I was going to go be with Jane, that Jane was okay, but I needed to go in the ambulance with Jane and Henry.
MS. PELLEGRINI: Did Denise say anything to you?
WILLIAM RICHARD: She agreed, and she was crying. And I -- again, given what I saw, it was at that time when I basically saw my son alive barely for the last time.
MS. PELLEGRINI: Did you say anything to Martin before you left?
MS. PELLEGRINI: When you say that based upon what you saw that he was barely alive, can you tell us what you saw?
WILLIAM RICHARD: I saw a little boy who had his body severely damaged by an explosion. And I just knew from what I saw that there was no chance, the color of his skin and so on. I knew in my head that I needed to act quickly or we might not only lose Martin, but we might lose Jane too.
MS. PELLEGRINI: So from the area where Martin and Denise were, where did you go?
WILLIAM RICHARD: I went -- it's a little -- I'm a little unsure exactly. Jane, I believe, was being carried to an ambulance at that point. I found Henry, who was sitting on the opposite side of Boylston Street. And he and I either followed Jane in the ambulance or were told which ambulance she was in. But I knew if we didn't move fast that they were going to leave without me.
MS. PELLEGRINI: Now, before we move on, I'd like to show you -- again, only for witness and counsel -- Exhibit 36 marked for identification. Mr. Richard, on the screen before you, have you also reviewed a portion of the Forum video right immediately after the blast? Have you previously viewed that?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: In fact, are you seen in this video at various times?
WILLIAM RICHARD: Am I seen?
MS. PELLEGRINI: Yes, not particularly in this particular frame, but are you, in fact, in this video?
WILLIAM RICHARD: Oh, I'm sorry. Yes, yes.
MS. PELLEGRINI: After your review of it, does this fairly and accurately reflect the scene right after the blast?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: I'm going to start to play this.
THE COURT: Is this in evidence?
MS. PELLEGRINI: I'm sorry, your Honor. Your Honor, the government moves Exhibit 36.
THE COURT: And this is a clip from the so-called Forum video?
MS. PELLEGRINI: A clip from the previous video. It's a smaller version.
(Government's Exhibit No. 36 received into evidence.)
MS. PELLEGRINI: May I play, your Honor? I'm sorry.
THE COURT: Yes.
MS. PELLEGRINI: Thank you.
(Video recording played.)
MS. PELLEGRINI: Mr. Richard, directing your attention to the person who I've drawn a circle around, do you recognize that person?
WILLIAM RICHARD: It looks like me.
MS. PELLEGRINI: What are you doing here?
WILLIAM RICHARD: Running back to where I came from.
MS. PELLEGRINI: Clearing this, do you know who this is?
WILLIAM RICHARD: Well, I believe -- now I believe that's Jane.
MS. PELLEGRINI: All right. Stopping it there again, in fact, is this you picking up the barrier that you mentioned?
WILLIAM RICHARD: Right.
MS. PELLEGRINI: Mr. Richard, we just saw you put both hands to your head in that video. What is happening there?
WILLIAM RICHARD: I'm trying to process what's happening.
MS. PELLEGRINI: And here?
WILLIAM RICHARD: I'm taking Henry. You could see in the previous frame Jane tried to get up and fell, but I am taking Henry away and trying to get him off the sidewalk.
MS. PELLEGRINI: All right. Just for the record, I'm drawing a magenta circle around the two figures that are sort of to the left of that screen. Is that you and Henry?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: What's happening here, Mr. Richard?
WILLIAM RICHARD: It's the time when I grabbed Jane, and I'm trying to lift her up from the sidewalk.
MS. PELLEGRINI: And there, what has happened?
WILLIAM RICHARD: That's where I stopped to put Jane down and was just praying for someone to come over and help.
MS. PELLEGRINI: May I have only for counsel and the witness Exhibit 39.
MS. PELLEGRINI: Mr. Richard, do you recognize this photograph?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: And, generally speaking, what are we looking at here?
WILLIAM RICHARD: You're looking at Boylston Street. I'm carrying Jane, and I've got Henry around my right arm and Jane's left leg has been blown off by the explosion.
MS. PELLEGRINI: And, again, does this fairly and accurately represent you, Henry and Jane --
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: -- on that day?
MS. PELLEGRINI: Your Honor, the government moves Exhibit 39.
THE COURT: All right. Admitted.
(Government's Exhibit No. 39 received into evidence.)
MS. PELLEGRINI: Publish to the jury.
MS. PELLEGRINI: Mr. Richard, did, in fact, someone come to help you as you carried Jane down the street?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: What happened from that point?
WILLIAM RICHARD: I was attempting to rip my pants to do something to help, and it was that time when I started hearing calls for, you know, tourniquets and belts and stuff like that. And my attempts to tear my pants in a way were either -- it wasn't fast enough because, by the time I was able to complete that, they were already assisting Jane.
MS. PELLEGRINI: Did you and Jane and Henry leave the scene together?
WILLIAM RICHARD: It's a little unclear, my memory. But I believe it was after that point when I knew that Jane was being tended for that I walked Henry to the other curbside, and that's when I went back to see Denise and Jane -- to see Denise and Martin. Excuse me.
MS. PELLEGRINI: Is this a second time?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: And what happened at this second point?
WILLIAM RICHARD: No. It was the -- that was the -- it was -- if I went -- if I saw them the first time, I wasn't quite clear to the extent of the injuries. It was the second -- it was the second time I went back to them is when I told -- when I realized that Denise was injured but not severely injured, and that's when I had already testified about Martin, so --
MS. PELLEGRINI: So getting back then to leaving the Boylston Street area, how did that happen?
WILLIAM RICHARD: Right. So I told Denise that I was going to go be with Jane. I tried to give her some assurance that she was going to be okay, but I had to go. And I looked at Martin for the last time, and I went back across the street, grabbed Henry, and we were brought onto an ambulance that Jane had already been loaded onto.
MS. PELLEGRINI: And from there, where did you go?
WILLIAM RICHARD: To Children's Hospital.
MS. PELLEGRINI: What happened there?
WILLIAM RICHARD: We arrived. And it was like a scene from the movies and it was just -- we were probably -- I think we were the first ones to arrive. There were just dozens of doctors and nurses lined in triage just waiting. And, really, it -- you always think it's not good when you see the look of horror on doctors' faces, but that's what I recall seeing. And they took Henry, and they immediately took Jane into the emergency room.
MS. PELLEGRINI: Let's talk about Henry first. Did he have any injuries?
WILLIAM RICHARD: He did. He had some cuts and scrapes and some temporary hearing loss. But, thankfully, aside from what he witnessed that day, physically, he turned out okay.
MS. PELLEGRINI: And for Jane?
WILLIAM RICHARD: Jane was devastatingly injured. She lost her -- they amputated her leg, her left leg, below the knee. And she had -- I've lost count. They must have removed over 20 shrapnel pieces from all areas of her body, including behind her ear, in her back, in her other leg, in her torso, everywhere.
MS. PELLEGRINI: How old was Jane when her leg was amputated?
WILLIAM RICHARD: I'm sorry?
MS. PELLEGRINI: How old was Jane when her leg was amputated?
WILLIAM RICHARD: Six.
MS. PELLEGRINI: Did you eventually find out where Denise was taken that day?
WILLIAM RICHARD: I did. Denise eventually called me from a -- from somebody's phone. I had had my phone because it was in my pocket. Denise's was in her hand so hers was gone, so I couldn't call her from the ambulance. But she called me when we were at Children's Hospital.
MS. PELLEGRINI: And did you find out, first of all, what happened to Denise?
WILLIAM RICHARD: Yes. She said she was okay but that there was something wrong with her eye.
MS. PELLEGRINI: And, in fact, would she lose her sight in that eye?
WILLIAM RICHARD: She did.
MS. PELLEGRINI: And was there anything else that you spoke of?
WILLIAM RICHARD: She told me that Martin was dead.
MS. PELLEGRINI: Did you already know that?
WILLIAM RICHARD: I told her -- I told her -- I said, I know.
MS. PELLEGRINI: And you yourself, Mr. Richard, were you injured?
WILLIAM RICHARD: I was injured, not as badly as so many other people. But I had shrapnel in my left leg and asphalt and severe burns on my legs. And I suffered two perforated ear drums and, if you haven't noticed by now, some hearing loss and constant ringing, high-pitched ringing, which is called tinnitus. But I can still hear you. I can still hear music. I can still hear the beautiful voices of my family.
MS. PELLEGRINI: Did you receive, yourself, any medical treatment that day?
WILLIAM RICHARD: I was at Children's and Jane was in surgery. And Henry was checked out and deemed to be okay physically. So they -- even though I was at Children's, they insisted on checking my body as well, which I agreed to let them do. And they took an X-ray, and they found a piece of metal in my leg. And they said it's -- you know, it's bad but it's okay right now. We don't need to remove it right now if you don't want to. And I had asked the kind doctor if he would be so kind to try and remove the piece of metal from my leg now because I knew that I didn't want to be distracted with having it removed in the next 24 to 48 hours because I had an idea of what was ahead of me.
MS. PELLEGRINI: Were they able to remove it?
MS. PELLEGRINI: When they were trying to remove it, did you receive any type of anesthesia?
WILLIAM RICHARD: No, not because I'm a big, tough guy, but I just did not want to go under general anesthesia. I wanted simply for him to cut and try to get it out, but he was unable to, and he's probably upset that I'm still telling the story. But he apologized. And after about -- trying for about 45 minutes, he gave up and said that I'd have to have surgery.
MS. PELLEGRINI: But you didn't have it that day?
MS. PELLEGRINI: In fact, when you eventually left the hospital, where did you go?
WILLIAM RICHARD: I went -- from Children's, I went over to Beth Israel Hospital.
MS. PELLEGRINI: Is that where Denise was?
WILLIAM RICHARD: Yes.
MS. PELLEGRINI: Were you able to see her then?
WILLIAM RICHARD: Right. So I was able to -- I had told Henry before we got to Beth Israel that Martin had died, and I assured him that Jane was going to be okay and that his mom was okay as well.
MS. PELLEGRINI: After leaving Beth Israel, where did you go?
WILLIAM RICHARD: Well, I was there for quite some time. I saw Denise, and they gave Denise, Henry, and I time to be alone in Denise's room. She had had emergency surgery on her eye, but they weren't able to remove the piece of metal from her eye. It was just kind of to stabilize it. And after checking back at Children's, I made -- I believe I made one trip back to Children's Hospital and then back again to Beth Israel and at that time made sure that there was somebody with Jane. So Jane was never left alone at Children's. So it was either one of her aunts or uncles were staying with Jane. So Henry and I went to Beth Israel. And as it got later in the evening and people started to show up, I think what you're asking me is where I went. And I told my brother-in-law I needed him to take me home.
MS. PELLEGRINI: While you were at home, what did you do?
WILLIAM RICHARD: I got home and I went home because I knew that it was going to be a long time before I'd be home again. And it turns out that that was the case. So I went home knowing that it was probably my only opportunity to go home given the gravity of what happened. And so I just couldn't get the smell off my body and it was making me nauseous. And I went home to collect some things, some clothes for Denise, some clothes for Henry. And I took a shower. And it was just my time to kind of think about the days, weeks, months ahead. It was just my time to kind of get that awful smell off my body but to really just put into perspective what had just happened to our family.
MS. PELLEGRINI: Mr. Richard, you said you saw Martin for the last time when he was on Boylston Street. How old was Martin Richard when he died on April 15, 2013?
WILLIAM RICHARD: He was eight years old.
MS. PELLEGRINI: I have nothing further. Thank you, Mr. Richard.
MR. BRUCK: Thank you, Mr. Richard. We don't have any questions.
WILLIAM RICHARD: Okay.
THE COURT: Mr. Richard, thank you, sir. You may step down.
Unless you have a very brief witness, I think we're close enough to the end of the day that we'll recess here.
So, jurors, this will be it for this week. Tomorrow, we have other things to do, I'm sure. We'll reconvene on Monday according to the same practices and begin again with the evidence Monday at 9.
Once again, of course, I remind you, please, every effort that you can possibly muster to avoid discussing the case or seeing any accounts of the case in the press or otherwise. Otherwise, I hope you have a good day tomorrow and weekend, and we'll see you on Monday.
Let me just stay briefly with the lawyers for logistical issues.
(The jury left the courtroom at 3:45 p.m.)
THE COURT: I have really one principal thing on my mind, and that is a preview. We had a projection of 20 witnesses from the government for the beginning stages of the case. We've now gone through, I think, at least 17 of them. Could we have by the end of the day both me and, of course, the defense counsel a projection for next week and perhaps the week after? At least next week?
MR. WEINREB: Your Honor, it's a little hard to predict. Defense, because they haven't cross-examined any of the witnesses, it went much faster than we expected. That may change going forward. Can we give the Court and counsel the next 20 witnesses and the exhibits to go with them and then take it from there?
THE COURT: Okay. Fine. If there are no other -- we will look into the camera question. We'll have some time to try to examine those issues.
MR. BRUCK: One minor administrative matter. We filed under seal this morning a motion having to do with the victim impact, and I have to confess that it was without a motion for leave to seal. On top of that, we don't think there's any further need for it to be under seal.
THE COURT: I agree with that. That was my reaction when I saw it, actually. I don't think it's necessary -- it can be filed -- we have the -- I think we can just give it to the clerk and have it scanned. Is that any problem?
MR. WEINREB: Okay. That will be fine.
THE COURT: It is received for filing.
MR. BRUCK: Thank you, your Honor.
COURT CLERK: All rise for the Court. Court will be in recess.
(Whereupon, at 3:47 p.m. the trial recessed.)