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2015 Federal TrialtranscripttranscriptJames Bath — Direct - Day 29 - 2015 Federal TrialJames Bath described treating injured people at the Forum, including Lingzi Lu and Adrianne Haslet. The defense declined cross-examination, and the court then admitted two exhibits covered by a T-Mobile certificate.
Nadine PellegriniWilliam D. WeinrebJudy ClarkeMiriam ConradGeorge A. O'Toole Jr.James BathCourt ClerkJames BathMS. PELLEGRINITHE COURTMS. CLARKEMR. WEINREBMS. CONRADdirect
13 pages·11 witnesses·2,698 lines
Survivors and emergency responders described bombing injuries, treatment, and rescue efforts. Anthony Imel presented surveillance imagery and acknowledged timing and route limitations. Later witnesses authenticated store surveillance, campus access records, and Twitter material linked to the defendant.
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DirectDirectDirect Examination - James Bath James Bath Nadine Pellegrini

JAMES BATH, duly sworn

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

JAMES BATH: James Bath. Last name is B-A-T-H.

DIRECT EXAMINATION BY MS. PELLEGRINI:

MS. PELLEGRINI: Good morning, Dr. Bath. I'm over here. Will you tell the jury what town you reside in?

JAMES BATH: I live in Charlestown, Massachusetts.

MS. PELLEGRINI: And can you tell us how you're employed?

JAMES BATH: I'm a general practitioner, and I work over in Somerville.

MS. PELLEGRINI: Tell us a little bit about your educational background?

JAMES BATH: Sure. I went to college up in Maine, up in Lewiston, and then I went to medical school at the University of Massachusetts, and did my residency at Tufts Family Medicine Residency.

MS. PELLEGRINI: And are you associated with a particular hospital or a particular practice currently?

JAMES BATH: Yup. I work in a group of family physicians over in Somerville, and I'm part of Hallmark Health, which is part of Melrose-Wakefield.

MS. PELLEGRINI: And how long have you worked for them?

JAMES BATH: Eight years.

MS. PELLEGRINI: Now, Dr. Bath, I want to direct your attention to April the 15th of 2013. Did you happen to partake in any of the festivities surrounding Marathon Monday?

JAMES BATH: Yes. That morning me and my wife, we took the day off, which is something we do every year. And we went and we had lunch near the Red Sox game. And after that we walked down to -- we were going to walk down to the marathon. We had some friends who were going to be finishing up the marathon. And we parted ways. She wanted to go home and get some work done, so she hopped on the train, and I kept walking down toward Newbury Street.

MS. PELLEGRINI: And tell us what happened.

JAMES BATH: So I was walking down Newbury Street. And as I said, I was going to go meet some friends. And I got right to the corner of Newbury and Gloucester when I heard a very loud explosion. And at first I didn't know what it was. I thought, you know, it sounded odd that they would be setting a cannon off halfway through the marathon, but that's what I thought it was. And I stood for a moment, and about ten seconds later I heard the second explosion, which was much louder and seemed to be much closer. At that point I looked up Gloucester toward Boylston Street, and I started to see all of the spectators and all of the runners running back in the other direction, starting to come back down Gloucester. And at that point I thought that there might have been some sort of explosion in a restaurant, and so I ran up Gloucester and went over one of the barricades and stood in the middle of the street, just looking down the street to see what I could see. And the first thing that I saw was a gentleman who was coming down the street in clothes tattered. He was a little bit bloody, was in shock. And I stopped him and he stated to me that "All of my friends are dead. I need to get out of here," is what he kept repeating to me. So I just did a quick review of him and found that, thankfully, none of his injuries were life-threatening but he was definitely in shock. So I sat him down, and fortunately a Boston police officer came over and sat down with him, and I proceeded down the street. And I could see the smoke coming out of the front of what is now the Forum restaurant, and just kept running down toward the sidewalk. And right when I was getting up to the area, the Boston police officers were just starting to pull away the barricades so I could get up onto the sidewalk, or right in front of it.

MS. PELLEGRINI: Dr. Bath, let me ask you, in addition to the gentleman that you just described and seeing the smoke, were there any other observations you made about the scene before you actually got to the Forum area?

JAMES BATH: Honestly, I don't remember much. I remember, you know, people going by in either direction, but nobody really else on the street. I was pretty much focused on, you know, the smoke that I saw and what I could see, which wasn't too far in the distance. There were a lot of people sort of crowded in one area, but I don't remember anything to either side.

MS. PELLEGRINI: I'm sorry. Go on.

JAMES BATH: Okay. And when I got to the front of the Forum, the thing that struck me first was the unmistakable smell of burning tissue and blood which, you know, going through medical training is something that, you know, you get accustomed to. But it was fairly overwhelming at that point. And I took a quick look onto the sidewalk and it had looked like people had just been dropped like puzzle pieces onto the sidewalk, was sort of my first impression. And there was, you know, a fair amount of blood and there was -- I remember seeing a severed foot was right on the curb in front of me. But this all happened very quickly. And there was a girl lying on the -- against sort of the back fence on the sidewalk who I gravitated to first. I can't remember why but I just did. And so I ran around. So I was on her right. And so it was a young Asian woman and who had been very seriously injured. When I got to her, I kneeled down right at about her thigh. And she was still alive at this point.

MS. PELLEGRINI: How do you know that?

JAMES BATH: She was still breathing. She was unconscious but she was breathing. And she was writhing a little bit. You know, she wasn't responding to anybody. And I was trying to ascertain her wounds. And since I was at her leg, and seeing that there were other leg injuries I rolled her right leg toward me. And she essentially had a very deep, long laceration all the way from the pelvis all the way down to about her ankle. So basically her leg had been filleted open down to the bone. And the gentleman who sitting across from me also rolled back her leg, and she had other deep injuries there but not as severe as the right. So he and I proceeded to just try to tourniquet her leg. I used my belt, and he took off his. And we tried to tourniquet her, although at that point I started to realize that there wasn't much blood coming out anymore.

MS. PELLEGRINI: What does that mean?

JAMES BATH: So what it means is that, you know, even though this is -- especially up in the upper thigh is where a very large neurovascular bundle lies, you know, femoral artery, femoral vein, that a lot of her blood was now on the sidewalk and not in her. And, you know, as I was there and we were tying her off, I took her pulse at one point. It was very thready, which means that there really wasn't much of a pulse left, and within a minute or two she started agonal breathing.

MS. PELLEGRINI: I'm sorry. Agonal?

JAMES BATH: So agonal breathing is the type of breathing someone does when they're in the throes of dying. It's the body's last gasp, essentially, to try to take in air when you know there's really not much else that can be done. And at that point I realized she was dying. You know, she hadn't died yet but she was going to shortly, and so I felt it was best if I go and see if there was anybody else who needed help. She had a lot of people around her who were really chipping in and trying to help. I asked one of the folks at the head of her to start CPR, realizing that that was not going to save her but, you know, hoping I was wrong or holding out some sort of hope. And so I stood up, and that's when I heard someone behind me say that there were people inside. And so I stood up and I turned around, and there was a little fence there. I climbed over it. And when I went into the Forum, I noticed that there was a young woman and a gentleman who were lying on the stairs who were being attended to by some folks as well. And so when I went over there, she was -- they were lying on the stairs, and she was sort of half on top of him. And I quickly realized she had suffered a leg injury. At that point someone had draped something over her foot, but I lifted it up and her foot had been sheered off on the dorsal foot, which is what we consider the top part of the foot through the ankle, and had been cut clean off, but the gentleman she was with had the wherewithal to tourniquet off her leg, and so that saved her from losing more blood than she had already lost at that point. And he -- there was no obvious injury, but then I picked up his feet, and that's when blood started pouring out of his shoes. And so one of the staff members from the Forum was there, and he helped get some napkins for us to start to tie the lower half of his legs off to make sure the bleeding wasn't more serious, and we propped his legs up on a pillow. And a very interesting thing, during that time -- they were both still talking and they were both still in a little bit of shock but chatting. And, you know, it was interesting. He kept saying sorry that he was -- brought her there, and she kept saying it was all right. And it was sort of very interesting little couple banter during the midst of all this.

MS. PELLEGRINI: Do you know who she was?

JAMES BATH: I do, yes.

MS. PELLEGRINI: And who was that?

JAMES BATH: Adrianne Haslet.

MS. PELLEGRINI: And how long did you remain with Adrianne?

JAMES BATH: I stayed with them for a little bit, and then to the best of my recollection I think they had -- another staff member had said there were more people in the restaurant. So I left them and went to check on some other people and then came back and -- until the stretchers came, because at that point in time there was, I think -- there were just not many stretchers to be had at that point. So I waited until they came in. And everything was stable at that point until they had to lift her onto the stretcher, and then that's when the screams of pain started, which were pretty profound. And then we got him onto the stretcher as well. And at that point -- you know, then they were with first responders, so they were secure at that point -- I went outside, and there was a gentleman lying in front of me. He had already been tourniqueted off. I just went down to make sure he was still conscious. He was still littered with, you know, the dust and debris and still in shock himself, but alive. And I did notice that I was standing right next to the little boy who ended up dying, and he had already been covered with a tablecloth. And I went back over to where the Asian -- Lingzi Lu had been lying. And they were still performing CPR, although it was to no avail at that point. I think she had passed at that point. I can't say for sure. And then went into the restaurant next door. Someone had said there was someone in there as well. So we attended to a gentleman who had a large amount of shrapnel injuries to his legs and got him on a stretcher and back out. And he was, fortunately, conscious and lucid. And I went back out to the sidewalk and just helped some folks, you know, get into ambulances and making sure that everything had been attended to. And, you know, when I came out, you know, I was sort of struck by the sort of amount of blood and body parts and everything else that was still littered on the sidewalk. But everyone had pretty much been attended to so there was really not much else for me to do.

MS. PELLEGRINI: Dr. Bath, when you say -- I know as a doctor you're probably focused on the people, and you say you noticed blood and body parts. What else was on the sidewalk and on the street, if you made observations of it?

JAMES BATH: Certainly there were parts of limbs as far as -- well, I think you asked that. And there was just a lot of burnt clothing and tissue. And, you know, that was really it. The rest was sort of covered up by all the people who were then around.

MS. PELLEGRINI: Did you see any particular type of debris on the sidewalk or on the street?

JAMES BATH: I didn't in particular, but one thing I did see was when -- when I returned to where Lingzi Lu was lying, her purse was there. And I happened to be standing next to one of the EMTs who had the good wherewithal to mention to get it so he could keep it with her so people would know who she was. And as I was going through getting her ID, there was a warm piece of metal in the purse. And so that struck me as something, a piece of debris that I came across when I was helping. And that stayed in her purse and went with her. I'll be honest with you. The rest I'm not really too sure of.

MS. PELLEGRINI: Dr. Bath, before you came here today, did you have occasion to review some photographs with me?

MS. PELLEGRINI: For counsel and the witness only at this point, your Honor, may we have 21-43.

MS. PELLEGRINI: Dr. Bath, in looking at this photograph, do you recognize this?

JAMES BATH: I do, yes.

MS. PELLEGRINI: And are you, in fact, in this photo?

MS. PELLEGRINI: And do you recall what you were wearing that day?

JAMES BATH: I do. I was wearing a red and gray windbreaker, jeans, baseball hat -- Patriots hat, and a white shirt underneath.

MS. PELLEGRINI: And does this photo fairly and accurately show the scene as you arrived?

MS. PELLEGRINI: May I have 21-44 next for the witness and counsel.

MS. PELLEGRINI: And, Dr. Bath, are you also in this photograph?

MS. PELLEGRINI: And, again, is this shortly after the first photograph I just showed you?

JAMES BATH: Uh-huh. Correct.

MS. PELLEGRINI: And does this fairly and accurately show your location as you moved about the sidewalk area in front of the Forum on Marathon Monday?

MS. PELLEGRINI: Next may we have 21-47, please.

MS. PELLEGRINI: And finally, this photograph, are you also in this?

MS. PELLEGRINI: And, again, does this fairly and accurately depict your location as you moved from the front of the sidewalk going towards the Forum on that day?

JAMES BATH: It does.

MS. PELLEGRINI: Your Honor, I'd ask that these be admitted into evidence and published to the jury.

(Government Exhibit Nos. 21-43, 21-44 and 21-47 received into evidence.)

MS. PELLEGRINI: May we start with, please, 21-43.

BY MS. PELLEGRINI:

MS. PELLEGRINI: Dr. Bath, by using the touchscreen, can you circle where you are in this photograph?

JAMES BATH: (Witness complies.)

MS. PELLEGRINI: So for the record, you've drawn partially a yellow circle around a person wearing -- it looks like a windbreaker and a baseball hat. Is that correct?

JAMES BATH: Correct.

MS. PELLEGRINI: All right. And tell us what's happening here.

JAMES BATH: So this was right after I arrived on the scene. So I'd gone on to -- gone around to the far end, and that's when I -- en route I had noticed, you know, that the -- Lingzi Lu had been lying against the fence, so I could see her from the street. And I was just trying to get around to a point where I could help. There was nobody at that point sitting, you know, sitting around waist height on her on that right side.

MS. PELLEGRINI: All right. So she's not visible in this particular photograph. Is that correct?

JAMES BATH: She's not.

MS. PELLEGRINI: All right. But can you tell us where her approximate location is? You could make an arrow, you can draw it on a circle.

JAMES BATH: Sure. Her head is right here, and then she's extended out this way.

MS. PELLEGRINI: And did you notice anybody else at that point or were you just simply focused on Lingzi?

JAMES BATH: I did. To the degree that I knew there were people around her, and there was a gentleman who was also sitting next to me who, you know, was a baldish, stocky fellow. But I can't recognize him because I think he's kneeled down in this.

MS. PELLEGRINI: Could we have the next one, Mr. Bruemmer, 21-44, please.

MS. PELLEGRINI: And, Dr. Bath, also with this photograph, can you circle your location?

JAMES BATH: (Witness complies.)

MS. PELLEGRINI: So now you've come around and you're facing the opposite direction. Is that correct?

JAMES BATH: Correct.

MS. PELLEGRINI: What's happening here?

JAMES BATH: So I'm looking down on her right now, and it's just about before I kneel down, and just knowing that at this point, you know, she is unconscious but breathing, and just starting to get ready to do an assessment.

MS. PELLEGRINI: What was the -- how would you describe her breathing at this point?

JAMES BATH: At this point it was shallow and she was writhing a bit, so her breathing was tending to come in -- more gaspy as she was writhing. She had also been vomiting at one point, and so there was some vomitus around her, but it wasn't -- it hadn't gotten to the point where it was agonal breathing at this point.

MS. PELLEGRINI: And may we have the next one, 21-47, please.

MS. PELLEGRINI: So, Dr. Bath, can you circle yourself here?

JAMES BATH: (Witness complies.)

MS. PELLEGRINI: And for the record, you've drawn a circle around the gentleman with the reddish jacket and the baseball cap and heading in towards the Forum. Is that correct?

JAMES BATH: Correct.

MS. PELLEGRINI: So what is happening here, for the jury?

JAMES BATH: So at this point I didn't feel like I could be any more help to Lingzi Lu, and I'd climbed over the fence that separates the patio from the sidewalk. And at that point I had heard someone say there's people inside, so I was heading into the front.

MS. PELLEGRINI: Dr. Bath, how long -- again, I'm sorry if I asked this already, but how long did you remain on-scene before you left?

JAMES BATH: For what I believe was about 30 to 45 minutes.

MS. PELLEGRINI: Thank you. I have no further questions.

MS. CLARKE: Thank you. No questions.

THE COURT: No questions?

All right, Doctor. Thank you. You may step down.

(The witness is excused.)

MR. WEINREB: The government calls Anthony Imel.

Your Honor, while he's coming in, I'd ask Mr. Bruemmer to bring up, just for the parties and the Court, Exhibit 1169.

THE COURT: I'm sorry?

MR. WEINREB: Exhibit 1169. And there are two attachments to it, which I'll bring up in a moment. And then in light of 1169, I will offer the two attachments. So if we could bring up 1170, and that's a multi-paged exhibit, so if we could just go through the pages one by one, and then 1172, please.

MS. CONRAD: May I confer with Mr. Weinreb for a moment, please?

(Counsel confer off the record.)

MR. WEINREB: Your Honor, the government offers 1170 and 1172.

THE COURT: Any objection?

MS. CONRAD: May I have a moment, please, your Honor?

(Counsel confer off the record.)

MS. CONRAD: We're still trying to determine, your Honor, where 1172 came from. The government has made a representation that we have not as of yet confirmed, but I don't have a problem with it coming into evidence.

THE COURT: Can the witness answer that question?

THE COURT: Could I see 1170 --

MS. CONRAD: My understanding is 1172 is not part of 1170. That's the issue.

THE COURT: Can I have it larger so I can...

Okay. And the next page? How about the certificate page?

MR. WEINREB: That would be 1169.

THE COURT: Do I understand that 1170 and 1172 accompanied the certificate? Both of them did?

MR. WEINREB: I believe, your Honor, that 1170 and 1172 were obtained in a particular fashion, and then T-Mobile was asked for -- to -- a certificate with respect to what they had produced and they -- to certify that they were, in fact, business records. And this is what we received.

THE COURT: The certificate applies to both?

THE COURT: That was really my question.

MR. WEINREB: Yes, it does.

THE COURT: They may be admitted, then.

(Government Exhibit Nos. 1170 and 1172 received into evidence.)

COURT CLERK: Sir, do you want to step up to the box, please.

Continue to next page7.Anthony Imel — Direct/Cross/Redirect