3.Jessica Kensky — Direct
287 linesJESSICA KENSKY, duly sworn
COURT CLERK: 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.
JESSICA KENSKY: Hi. Good morning. My name is Jessica Kensky, K-E-N-S-K-Y.
DIRECT EXAMINATION BY MR. MELLIN:
MR. MELLIN: Good morning, Ms. Kensky. Where did you grow up?
JESSICA KENSKY: I grew up in Northern California, Sacramento.
MR. MELLIN: Did you go to college?
JESSICA KENSKY: I did. I'm collecting bachelor's degrees. I went to the University of Arizona and got a bachelor's there, and later to Johns Hopkins and got a bachelor's in nursing.
MR. MELLIN: Any more than that?
JESSICA KENSKY: I'm thinking about it. I'm not sure yet.
MR. MELLIN: After getting your bachelor's in nursing from Johns Hopkins, what did you do?
JESSICA KENSKY: I -- well, the economy collapsed and I had a hard time getting a job as a new grad, so I stayed in Baltimore and worked at Johns Hopkins Hospital, which is across the street from my nursing school, in surgical ICU that specialized in taking care of oncology patients.
MR. MELLIN: Okay. What is a surgical ICU?
JESSICA KENSKY: Typically there's one in a hospital. Hopkins is so big there's two. But they take any major surgeries, traumas, car accidents, things like that. But this hospital was so big that all my patients actually had cancer and had a very large cancer surgery and needed intensive care afterwards.
MR. MELLIN: How long did you do that?
JESSICA KENSKY: About two and a half years.
MR. MELLIN: While you were in kind of the Baltimore-Washington area, did you meet someone named Patrick Downes?
JESSICA KENSKY: Yes. That was actually before nursing school. I moved to Washington, D.C., in 2005. That's when I wanted to be in politics.
MR. MELLIN: How did that go?
JESSICA KENSKY: Not well. I learned pretty quickly that that wasn't a good fit. But I did meet my husband. We were interns together on Capitol Hill.
MR. MELLIN: At some point did you ultimately get married?
JESSICA KENSKY: Yeah, but it took a really long time just for him to ask me out on a date, so marriage took about seven years.
(Laughter.)
MR. MELLIN: I told you I wasn't going to ask for that. You volunteered. When did you get married?
JESSICA KENSKY: August 25th of 2012.
MR. MELLIN: Prior to meeting Patrick Downes, had you run a marathon before?
JESSICA KENSKY: Yeah, I ran a marathon in Sacramento. That was my first marathon. And I was able to finish that with my father, who has run several marathons. He was doing marathons before it was cool to do a marathon. And then I ran the Boston Marathon in 2005 as a bandit, which was illegal.
MR. MELLIN: What is a bandit?
JESSICA KENSKY: A bandit is you didn't actually qualify or sign up but you just hop in the race. And one of my dear friends and running buddies had qualified, and I told her if she qualified, I would run it with her. So I was in a crowd and hopped in and ran. And ironically, my husband, who I hadn't met yet, was running that year also. He was a senior at Boston College. I ran much, much faster.
MR. MELLIN: Again, I wasn't going to get into that.
(Laughter.)
MR. MELLIN: As you came into court today, did you come in in a wheelchair?
JESSICA KENSKY: Yeah, I did.
MR. MELLIN: Prior to today, were both of your legs amputated?
JESSICA KENSKY: Yes.
MR. MELLIN: When was your first leg amputated?
JESSICA KENSKY: My first leg was amputated right after the bombing, so April 15, 2013, and then my second leg was recently amputated, which is why I'm in the wheelchair today, on January 21st of this year.
MR. MELLIN: Do you have a prosthetic device yet for that leg?
JESSICA KENSKY: No. It's a long process getting a prosthetic, especially the kind of amputation I had. They did a -- more internal work and did, like, a bone bridge and things like that, so it takes several weeks to heal. My wound also, unfortunately, had opened up on me. It wasn't healing properly. And I had to go back to the OR for another surgery right after Valentine's Day of this year. So it's just been a longer process than I was hoping for.
MR. MELLIN: And did you come into court today also with a dog?
JESSICA KENSKY: Yes; that's my first-born.
MR. MELLIN: Okay. And what is the name of your first-born?
JESSICA KENSKY: His name is Rescue Kensky. He took my last name.
(Laughter.)
MR. MELLIN: Thanks for clearing that up. When did you get Rescue?
JESSICA KENSKY: I got him really early on. Let's see. September of 2013.
MR. MELLIN: In 2013, where were you and Patrick Downes living?
JESSICA KENSKY: We lived in a very small apartment in Harvard Square. It was a fourth-floor walk-up. It was about 600 square feet, so you had to really be in love to be living together, which we were and are.
MR. MELLIN: In April of 2013, where were you working?
JESSICA KENSKY: I worked at Mass. General. Instead of being a surgical cancer nurse, I became a medical cancer nurse which means I was giving chemo and blood products and supportive care to inpatient population with cancer.
MR. MELLIN: And at that time did you and Patrick Downes have plans to leave Boston at some point?
JESSICA KENSKY: Yeah, we did. My husband, Patrick, had just been matched for a fellowship in Northern California, which was very exciting for my family, very sad for Patrick's family who are local but it was a great professional opportunity so we were getting ready to move the following fall, was the plan. He had accepted the fellowship. And I had actually even told work and I even had job interviews that I actually missed while I was in the hospital. So we were very seriously moving.
MR. MELLIN: If you can go back to April the 14th of 2013, do you recall working on that day?
JESSICA KENSKY: Yup. That was the last shift I worked as a nurse in Mass. General. It was a day shift. So I worked from, like, 7 a.m. to about 7:30, 7:45 p.m.
MR. MELLIN: And on that day what did you do?
JESSICA KENSKY: I had three patients. I actually remember who my patients were because it was the last time I ever worked. One of them had just had a bone marrow transplant, so he was receiving a lot of supportive care, medications to help with the nausea and the pain and a lot of blood products. And then my other two patients were receiving chemo. They were in the earlier stages of their therapies. And these were patients that I had taken care of for weeks to months because it's a very long stay.
MR. MELLIN: On April 15th, did you have plans to go out?
JESSICA KENSKY: Yeah. Our plans were really up in the air. We had worked -- I worked the weekend and Patrick was off, and so it was an exciting day to spend together. To have a whole day off together was rare. I purposely requested the shift off because the year before I worked and didn't get to watch any of the marathon. So I made sure that this year that I requested it off. But it wasn't -- it was very kind of casual and random. We weren't watching anyone specifically. We didn't need to be there at a specific time, we just knew we wanted to enjoy the day, go for a walk. The weather was getting nice. So no exact plans.
MR. MELLIN: That morning what did you do?
JESSICA KENSKY: That morning I'm sure I woke Patrick up because I'm a morning person. We had breakfast together. We decided that you can't go for a run outside on Marathon Monday unless you're running the marathon. It's too embarrassing to just go for a short run, so we agreed to go to our gym. So we got in the car and we drove to the gym. And I ran for the last time with two legs. Patrick, I think, lifted weights. We came home, we showered, we had lunch together. Just got dressed, got ready, and decided to kind of -- we didn't -- we had on good walking shoes, jackets. And we were going to kind of just head out and enjoy the day but catch part of the marathon. My husband really likes rooting for the underdog, so he likes being there for the ones that you can't believe are really running a marathon. Like that was kind of our timing. We wanted to get there later in the day. We figured the elite runners didn't really need us, so that was our timing.
MR. MELLIN: Do you know about what time you got down to the marathon?
JESSICA KENSKY: I know it was about the four-hour mark for those that started the marathon. I want to say around two-ish. But really, like, we weren't paying attention to time because it was one of those fortunate days where you didn't have to.
MR. MELLIN: So where did you head?
JESSICA KENSKY: We took the Red Line and got off at the Park stop on the T. We walked through the Boston Common. We walked through the Public Gardens where the December before, that's where Patrick actually proposed to me, so that's a really meaningful spot for us, so we made sure to walk by there. We walked down Newbury Street, just kind of window-shopping and checking out the crowds, and made our way past the finish line before we made a left-hand turn and then came back up toward the finish line on Boylston, so kind of overshot the finish line, stopping, chatting with people, taking pictures on our phones. A couple had just finished the race, they were from a country that I don't recall, and they asked us to take their picture with their flags. We were, like, helping people take pictures. And then we settled in near the finish line.
MR. MELLIN: Approximately how long had you settled in before there was an explosion?
JESSICA KENSKY: Not long. I want to say maybe 10 or 15 minutes. We weren't planning on staying there that long. We were going to kind of keep walking.
MR. MELLIN: What happened at that time?
JESSICA KENSKY: What I remember is settling in the back of the crowd, and so the people behind us were those that were kind of on the walkway still. And there were several rows of people and a barricade in front of us. And for some reason that day I stood behind Patrick, put my arms around his shoulders, and I was on my tippy toes to try to get a good view of the runners coming in because the crowd was still pretty thick. And I remember being happy, I remember feeling sunlight on my face, I remember feeling really free and just kind of holding each other and laughing and smiling. And the man on the microphone was really kind of encouraging the crowd to cheer louder and naming people that were coming through and who was running for what organization. So we were just kind of clapping and cheering. And then I didn't see anything, I didn't hear anything, I just felt like I was on a rocket. I must have grabbed even tighter to Patrick, and the two of us just -- it felt like shot directly up in the air and then landed over, I think, far to the right from where we were standing on the ground. I had no idea what happened. I thought very innocently that something had backfired because there was all this equipment by the finish line or, I don't know, a sewer. Something unintentional had probably happened. People were screaming. It was hard to hear. Our eardrums were blown out. And the feeling that that gave me was like you just kind of hear yourself breathing, and your heart, and everyone else is very faint. So you hear, like, your internal noises really loudly but it's hard to hear everything else. There was smoke, there was blood. I was most focused on my husband who was right next to me still, and his foot and part of his leg was completely detached, hanging on kind of by a thin thread. And I remember just feeling hypervigilant and wanting to kind of go into like a nurse -- I guess my nurse mode where inside I'm absolutely panicking and freaking out but you don't want to let your patient know that. So I remember kind of trying to shift myself to block his leg.
MR. MELLIN: And when you say "to block his leg," what are you trying to do?
JESSICA KENSKY: I don't want him to see what his leg and how his foot is detached. I wanted to put a tourniquet on because he was bleeding really badly. My training is in a hospital setting with supplies and staff and a very organized and clean environment, and this was a war zone. Something I've never experienced before. And I took my purse straps and I started to try to put a tourniquet on to kind of block Patrick with my back. I remember telling him people were coming, because I could see them breaking down the barricade to me. It felt like they came very quickly. And a man came over as I was trying to fumble to put a tourniquet on Patrick and said, "Ma'am, you're on fire. You're on fire." And he started to push me down to the ground to try to put it out. The fire was from my shoulder blades all the way down my pants. He then proceeded to cut my clothes off, which I was resisting because that feels really bizarre to be on a city street and have people removing your clothing. And that's when I realized that I thought I knew what was going on and that I was aware, but obviously -- I mean, I wasn't even aware that I was on fire. So I kind of released control at that point.
MR. MELLIN: And when you say he pushed you to put out the fire, which direction did he push you?
JESSICA KENSKY: Down to the ground. I was sitting up and he pushed me down to the ground.
MR. MELLIN: So from your front onto your back?
JESSICA KENSKY: Yes.
MR. MELLIN: When you saw Patrick's leg, what was going through your mind about what the situation was involving?
JESSICA KENSKY: I knew it was grim. I knew we needed help immediately. I really couldn't assess the full situation. I didn't realize how bad it was, how widespread it was. I didn't know how many people were hurt but I knew my husband was critically wounded. I knew he was bleeding profusely and I knew he needed help. I was aware at that point that I had been burned but I looked like -- my legs were intact. I couldn't see the level of my injuries. It was all down my back and, like, heals up. So when I looked down at myself, it looked like my body was there and I just knew I couldn't walk. So I figured my legs were broken. So I was really more concerned with Patrick.
MR. MELLIN: At that time were you feeling pain?
JESSICA KENSKY: No, I think just total shock. I don't think my body allowed me to feel pain till later.
MR. MELLIN: Once you were laid down on your back to put out the fire, what happened?
JESSICA KENSKY: They removed my clothing and saw parts of my legs that I couldn't see. And the men yelled to somebody else, like "critical" something. And they came over -- two more guys came over and they loaded me on a stretcher. Patrick was awake and he was talking. And he put his hand on me, on my stretcher, and said, "That's my wife," which at the time was still a really weird thing to hear. We had only been married for, like, six or seven months. We were still getting used to those terms. And then he said to me -- they loaded me up. They lifted me off the ground. And the last thing he said to me was, "We'll figure this out." At that point I made the assumption that they knew we were together and wherever I was going, they would bring Patrick. So I didn't resist leaving because I figured they were taking me to get help and that he would be following.
MR. MELLIN: Where did you go from there?
JESSICA KENSKY: They lifted me up and took me into the tent at the finish line that was, you know, set up to deal with, like, dehydration and muscle cramps. And at that point it just looked like absolute chaos: people screaming, blood everywhere. The medical people who had volunteered to take care of dehydrated patients were all of a sudden taking care of, like, soldiers on a battlefield. I really started to worry about Patrick at this point because he did not come in the tent. And I obviously know my husband very well and he's a very caring and selfless person, and when we would go to the movie theaters we would have to let everyone out before we could leave. He's just very generous in that way and selfless. And I was really concerned that he was going to defer help to other people and not think of himself and allow himself to be cared for.
MR. MELLIN: And as a nurse, why was that a concern to you?
JESSICA KENSKY: I thought he was going to bleed to death on the sidewalk.
MR. MELLIN: When he didn't arrive in the tent, what happened to you?
JESSICA KENSKY: Terror. Just sheer terror, trying to be calm and allow the staff in there to do what they needed to do and help other people, but also being very concerned about Patrick. A gentleman that had been running the race came over. He had been providing first aid to people, and he went and tried to find Patrick for me, and he couldn't find him anywhere. And then he just kind of stayed with me and tried to bring up topics and talk me through things and tried to keep me calm. And he actually rode in the ambulance with me and stayed with me until I was back in surgery.
MR. MELLIN: Prior to getting you to the hospital for surgery, did you ever see Patrick again?
JESSICA KENSKY: I never saw Patrick again.
MR. MELLIN: Okay. When you got to the hospital, what happened?
JESSICA KENSKY: There were several people in the ambulance. We were all unloaded. Some people could walk, some people couldn't. I was brought into -- like the emergency room is really a big room with kind of just curtains everywhere. And so I was in one of the curtained rooms. And I mean, you could hear people just screaming, like very animalistic screams. The staff was rushing around. The doctors were trying to figure out and assess who needs to go back first, who's more critical. I tried to kind of just lay still and let them put on all the equipment and do everything that they needed to do to me remembering that as a nurse, you know, they're there to help me. I just need to participate in this. Giving them, let's see, my family's numbers that I knew by heart because my phone had exploded also, so trying to -- I was really concerned in trying to contact people. I was really concerned about trying to stay awake and make sure they knew who I was, where my husband was. I gave my nurse my wedding rings because I knew I was going into surgery and they were my grandmother's rings and I didn't want to lose them.
MR. MELLIN: Did you keep an eye on your vital signs?
JESSICA KENSKY: Yeah, they hooked me up to the monitor and I could see that my blood pressure was dropping and my heart rate was going up. And at that moment the pain started to set in and the nurse wanted to give me some pain medication and the doctor -- they were kind of arguing because my vital signs were so low, and while pain medicine might help your pain, it could also really lower your blood pressure, so you don't want to give it in every instance. But she was kind of advocating for me, saying, "I mean, look at her injuries. We need to make her comfortable. We don't know when she'll be taken back to the OR." So at that point I started to realize that maybe my injuries were worse than I initially thought.
MR. MELLIN: What is the concern about pain medication and blood pressure?
JESSICA KENSKY: You can -- they call it tank or drop your blood pressure so low that you're not getting blood to your vital organs or your brain. You know, that's a severe case. But I was certainly headed in that direction and losing a lot of blood that I didn't know about.
MR. MELLIN: What happened after that?
JESSICA KENSKY: The gentleman that helped me, his name is Mr. Everett Spain, he stayed with me. He called my sister in California, he called my best friend who was at work at Mass. General because I knew -- I knew I needed to contact somebody local. And it's amazing how much we rely on cell phones and how few numbers you know by heart, but I knew my family in California and I knew my work number, so I had him call work. And I knew as a nurse you know who's working what shifts, what friends you have, and I knew she was at work. And so I made sure she was aware and so she could get to me and help me find Patrick.
MR. MELLIN: While all this is going on around you, did you notice the faces of the people attending to you?
JESSICA KENSKY: Yeah, they -- at one point they -- because they didn't even, you know, obviously come in and introduce themselves or explain anything. I mean, this was like a horrible emergency situation, so they would just kind of come in and -- at one point they rolled me over, and that's when I could tell that things were really bad, just by the looks on their faces. I think I looked so intact by the front, that to see the back of me was just horrifying and shocking.
MR. MELLIN: Did you have surgery that day?
JESSICA KENSKY: Yeah, they took me back to the operating room. And at that time they removed my left leg below the knee because it was, according to them, not salvageable, and they tried to reconstruct and clean out my right leg. They did as much as they could -- I had a combination of bomb parts, street and dirt and burns that had -- and pieces of my clothing that had all been blown into my -- from back down to my heels, and so it was hard to treat all those different kinds of injuries in one wound. So in the OR they tried to remove as much of the shrapnel and dirt, and they did what they call a washout. They tried to clean out as much as they can, and then I was taken to an intensive care unit.
MR. MELLIN: Do you know if they recovered BBs from inside your body?
JESSICA KENSKY: Yeah, I mean, I had multiple -- to this day I have about, I don't know, 30 or 40 in my legs that just -- you can't remove them because they're by all theses blood vessels and things. And the thought is that eventually your body might reject it, recognize it as foreign, but these ones are pretty deep.
MR. MELLIN: In spite of the fact that your left leg was amputated, did you still have pain in that leg?
JESSICA KENSKY: Yeah. Being a young trauma patient, you're at high risk for having horrible phantom pain because your nerves are youthful and they function well. And a trauma is such a shock to your body that the nerves don't know what to do and they just go crazy firing. So phantom pain can range from just the feeling of having a foot or it's itching or feeling it in a shoe to these, like, electric pulses and shocks that just come over you randomly. So unfortunately, being young and healthy and a trauma patient sets you up for the worse kind of phantom pain that is really not well understood by the medical community and it's very difficult to treat.
MR. MELLIN: At some point did you see Patrick again?
JESSICA KENSKY: I was able to talk to him on the phone, I believe, on Wednesday, but neither of us could hear very well, so my sister was trying to repeat what he was saying on the phone and I believe his family was trying to do the same thing. So on Wednesday I knew he was alive. And we had to wait until we were stable enough -- we were so sick -- that one of us could be transferred to see the other one. And I stabilized first, about two weeks after the bombing, and my medical team found an ambulance to donate time, and people boarded the ambulance with me, they gave us gift cards, so my sister went to Target and bought shampoo, and a clean shirt and some lip gloss and, you know, tried to help me feel as normal as possible to go on what we called our first date. And I was transferred to Patrick's hospital and was actually put in his room in another hospital bed.
MR. MELLIN: Did you stay there or did you actually go back, then, to your hospital?
JESSICA KENSKY: No, our injuries were so complicated and we were both in the process of -- I was trying to save a leg, he was trying to save his left knee. He was also infected and they were worried about him going into septic shock. They couldn't find what the source was. They were trying different antibiotics. We just felt like as much as we wanted to be together, our care -- man, after two weeks you're so close with your staff and you trust the doctors and you -- as much as we wanted to be together, we couldn't imagine leaving. So we made the decision to stay in separate hospitals, and that lasted for five weeks.
MR. MELLIN: What was the extent of Patrick's injuries?
JESSICA KENSKY: Patrick immediately lost his left leg below the knee. His knee was still there, but the common problem with these sorts of injuries is that the shrapnel that's placed in there intentionally to rip and tear apart skin tore apart all the skin and coverage for his knee, so he had these body parts with no padding or coverage. And that was a huge concern. And being an above-knee amputee and a below-knee amputee are very different beasts, and if you can save a joint, you want to save a joint. So they were desperately working on that, at the same time, like I mentioned before, he -- obviously this is a very -- these bombs, they're very dirty. They're intended to be that way. And so he had some kind of horrible infection. So he was having fevers and night sweats and low blood -- you know, abnormal vital signs. And the staff was really concerned. Infectious disease became involved. And as a nurse -- you know, I became a nurse to help take care of people, and my husband was in probably the most needy time in his life and I could not be there.
MR. MELLIN: Do you know approximately how many surgeries he's had?
JESSICA KENSKY: Oh, gosh. We honestly lost count, but I'd say 15 to this day.
MR. MELLIN: And then about your injuries. What was the extent of your injuries?
JESSICA KENSKY: So like I had mentioned before, that day I lost my leg, my left leg. My right leg, I was missing my Achilles tendon. The whole tendon was blown off and that bone was exposed. My right ankle was shattered. The heal pad that you walk on was blown off, and then the heal bone, half of it was blown off and what was left was very pointed and spikey. My burns were just -- from the heels all the way up, shrapnel and burns in really unfortunate areas. My vagina, my rectum had to be washed out and cleaned and dressed on multiple occasions. My eardrums blew out, I had a shoulder injury. Everything else seemed -- I mean, obviously cuts and bruises and things, but those seemed fairly minor compared to everything else.
MR. MELLIN: How were the burns treated?
JESSICA KENSKY: I was assigned a burn care nurse because my wounds were so bad and took such long dressings and expertise. Your staff nurse, your bedside nurse doesn't really have the time or qualifications. So I was assigned a wound nurse who would work with me and changed dressings, I believe originally twice a day, eventually maybe it went to once a day. It was very difficult because I had to lay on my back for most of the time, so they would turn me. It was embarrassing. It was terrifying because you could see the looks on people's faces. I mean, I knew it was bad. At one point I asked the nurse to take a picture of it with my cell phone because I wanted to see for myself what I was facing.
MR. MELLIN: How painful was it?
JESSICA KENSKY: Absolutely horrendous. The worst pain I've felt in my life. Because the phantom pain hadn't started quite yet at this point, this is very early on with the burns -- and the wounds lasted for -- end of the summer. So it was horrendous.
MR. MELLIN: How many surgeries have you had on your legs?
JESSICA KENSKY: I would say at least, I don't know, 15, 20. Sometimes they go in and they would work on one side, sometimes they would go in and work on both sides. We had to have outpatient surgery for our ears, to take skin from other parts of your body to cover your eardrums. I lost -- I really lost count.
MR. MELLIN: What attempts were made to save your right leg?
JESSICA KENSKY: I believe every attempt possible. Our wounds were not ones that were familiar to most doctors in Boston. They absolutely saved our lives and we're forever grateful, but these are war wounds, and really military doctors are the ones that are most qualified to make decisions and help piece you back together. They just have more experience. So after I exhausted all my civilian options -- so I had multiple surgeries at my original hospital, I went to other Boston hospitals. I flew, my gosh, to specialists in Seattle and Texas and Philadelphia. So getting opinions, trying surgeries. I did not want to become a bilateral amputee. I didn't want to be a single amputee, but to become a bilateral amputee was terrifying. I also wanted some memory of my body and toes and ankles and legs, and I wanted to paint my toenails and I wanted to put my feet in the sand. I wanted to do all those things, and to lose the second leg was a gut-wrenching, devastating decision.
MR. MELLIN: At some point did you relocate to Walter Reed Hospital outside Washington, D.C.?
JESSICA KENSKY: Yeah, after kind of a random series of events where I was put in touch with a soldier who was wounded seven years ago in Iraq with very similar injuries, I was in a very dark place. I wasn't mobile, I was in a lot of pain, no one else here really had any other ideas or suggestions. I was really not wanting to live. And my family was able to advocate for me and get me a special status to be a patient at Walter Reed where I attempted one last time -- I had a 12-hour surgery to try to save my right leg again in this past August. And I've been a full-time patient there ever since, as well as my husband.
MR. MELLIN: That ultimately did not succeed?
JESSICA KENSKY: So doing limb salvage is actually -- it's funny, because people would look at me and say, "Well, at least you have one leg. You know, thank goodness you have one leg." And I think once you get over the initial response of the one that was blown off being gone -- because it is very bizarre to have a body part suddenly missing -- the agony and the pain of that decision-making and getting your hopes up and trying something and then realizing you still can't stand and walk and then trying something else and realizing you still can't live the kind of life you want to live is kind of -- I don't have words for it. It's just incredibly unnatural to have to make a decision to remove a body part, and to think that if you do that, you might actually be able to improve your quality of life because the limb that you're left with is so non-functional that a piece of metal and plastic is actually better.
MR. MELLIN: You said you were in Boston in the hospital for five weeks. How long were you in rehab?
JESSICA KENSKY: Patrick and I were reunited at Spaulding Rehabilitation Hospital. It had just opened in Charlestown. And we were there for another five weeks. We were a little prolonged because we couldn't find handicap-accessible housing. We had lived in a fourth floor walkup, classic, you know, Boston 100-year-old building, laundry in the basement. None of the doorways were wide enough for a wheelchair, couldn't get in the bathroom, couldn't shower. So we were faced with trying to find some handicap-accessible housing -- we were both wheelchair-bound at the time -- which took some time, believe it or not. It's actually really hard to find in the city. So we actually ended up moving to Medford, thanks to another survivor who actually had a connection to an apartment building there.
MR. MELLIN: After all of these weeks in either rehab or the hospital, do you remember the first time you actually slept through the night?
JESSICA KENSKY: Oh, my goodness. That would have been between nightmares and phantom pain -- which we both have phantom pain, so we'd be up, you know, all night. And again, there's nothing -- it's not well understood. There's -- you know, you try mirrors, you try ice packs, you try distracting yourself. The medications you can take either totally snow you and knock you out or the other nerve medications take weeks to work. So I don't think I slept through the night until I got my service dog home, which was probably in September.
MR. MELLIN: And that's Rescue, who's right next to you?
JESSICA KENSKY: Yup. He's snoring right over here.
MR. MELLIN: He's doing a great job. If I can have you look at a few photographs.
JESSICA KENSKY: Sure.
MR. MELLIN: Pull up Exhibit 18, which is already in evidence, your Honor.
MR. MELLIN: Do you see Exhibit 18 in front of you?
JESSICA KENSKY: Yup.
MR. MELLIN: Do you recognize what that is?
JESSICA KENSKY: Yup. That's before the bombs went off. Patrick and I are standing together, how I remember it.
MR. MELLIN: And if you could -- just for the record, if you could touch that screen and circle where you and Patrick are?
JESSICA KENSKY: Circle both of us?
MR. MELLIN: Yes.
JESSICA KENSKY: (Witness complies.)
MR. MELLIN: Thank you.
MR. MELLIN: If I could also have Exhibit 1473 brought up.
MR. MELLIN: It's not the clearest picture, but do you see Exhibit 1473?
JESSICA KENSKY: Yes.
MR. MELLIN: And as you look at that, do you see Patrick in the picture?
JESSICA KENSKY: Yes.
MR. MELLIN: Can you circle Patrick in the picture?
JESSICA KENSKY: (Witness complies.)
MR. MELLIN: That is not a circle.
(Laughter.)
MR. MELLIN: The record appears to be a broken heart, but... As you look and see Patrick in that picture, do you see your back in that as well?
JESSICA KENSKY: Yeah. Yes, only because I remember I had a really bright-colored sweatshirt on, so I can see a little shade of that and a little bit of my hair.
MR. MELLIN: And do you see the individual that's actually right behind you wearing a black cap?
JESSICA KENSKY: Yes.
MR. MELLIN: Did you see that individual or do you recognize that individual from that day?
JESSICA KENSKY: No, I do not.
MR. MELLIN: Thank you.
MR. MELLIN: If we could pull up Exhibit 16, please.
MR. MELLIN: Do you recognize Exhibit 16?
JESSICA KENSKY: Yes, I do.
MR. MELLIN: And can you -- who do you see in that photograph?
JESSICA KENSKY: So it's bizarre to look at these because we were all strangers that day but now, you know, I see my now-friend Karen Rand, I see Jeff Bauman, I see myself, I see Patrick.
MR. MELLIN: If we can start with Karen Rand, can you please circle where you see Karen Rand?
JESSICA KENSKY: I believe she's right here (indicating).
MR. MELLIN: All right. And I'll clear that. If you -- you said Jeff Bauman. Do you see Mr. Bauman in that photograph?
JESSICA KENSKY: (Indicating.)
MR. MELLIN: Thank you. And just for the record, you circled -- when you circled Karen Rand, you circled the woman who's in black who's in about the middle of the picture next to the fence and next to the woman who has her mouth open. Is that right?
JESSICA KENSKY: Yeah. I also recognize that woman now.
MR. MELLIN: Okay. And who is that woman?
JESSICA KENSKY: I never met her because she passed away that day, but that's Krystle Campbell.
MR. MELLIN: All right. Now, when you circled Mr. Bauman, you circled the man who's in a gray and kind of a black shirt in the middle of the photograph. Is that right?
JESSICA KENSKY: Yes.
MR. MELLIN: All right. I think you said that you see yourself and Patrick in that photograph?
JESSICA KENSKY: Yeah, very, very faintly, but because I know what we were wearing, I can see us.
MR. MELLIN: Okay. Could you circle Patrick in that photograph, please?
JESSICA KENSKY: (Witness complies.)
MR. MELLIN: And for the record, the individual whose face is situated in the middle of the picture next to the woman in the black coat. Is that right?
JESSICA KENSKY: Uh-huh.
MR. MELLIN: You have to say yes or no.
JESSICA KENSKY: Yes. Sorry.
MR. MELLIN: Thank you. And then finally, if you could circle yourself.
JESSICA KENSKY: Okay. I also just saw another friend.
MR. MELLIN: All right. Let's stay with you for this one second.
JESSICA KENSKY: Okay.
MR. MELLIN: For the record, you circled hair and a light yellow --
JESSICA KENSKY: Like a hoodie.
MR. MELLIN: -- hoodie in the middle of the picture. Is that fair to say? Next to Patrick?
JESSICA KENSKY: Yes.
MR. MELLIN: All right. And then you say you saw another friend. Who's that?
JESSICA KENSKY: Bill White.
MR. MELLIN: All right. Where do you see Mr. White?
JESSICA KENSKY: Right in the back there.
MR. MELLIN: Mr. White is on the ground wearing a red jacket. Is that right?
JESSICA KENSKY: Yes.
MR. MELLIN: All right. Thank you.
MR. MELLIN: And then if I could have Exhibit 17 pulled up, please. This is also in evidence, your Honor.
MR. MELLIN: Do you recognize what Exhibit 17 is, Ms. Kensky?
JESSICA KENSKY: Yes, I do.
MR. MELLIN: What is that a photo of?
JESSICA KENSKY: It's the same scene but a different angle, much closer picture, right after the bomb went off.
MR. MELLIN: Do you see yourself or Patrick Downes or both in that photo?
JESSICA KENSKY: I see both.
MR. MELLIN: Okay. Could you please circle where Mr. Downes is?
JESSICA KENSKY: The primary part that you can see of him is what's remaining of his leg, so that's his leg, and then his face is really faint, but right there.
MR. MELLIN: For the record, it's the face that you can barely see over the jacket of the -- or the yellow jacket of the man to the right in the photograph. Is that right?
JESSICA KENSKY: Yes.
MR. MELLIN: All right. And you circled the portion of his leg which is the leg -- the knee and a portion of his lower leg that's between the two people in yellow jackets?
JESSICA KENSKY: Yes.
MR. MELLIN: When you talked earlier about right after the explosion you looked over at Patrick and you saw a portion of his leg, is that what you saw?
JESSICA KENSKY: Yes. The part that is detached is what I remember being next to me.
MR. MELLIN: And then also if you could do me a favor, you said you saw yourself in that photograph. If you could just circle yourself.
JESSICA KENSKY: Yeah. I mean, again, it's really faint, but I'm right behind Patrick.
MR. MELLIN: And for the record you're right behind Mr. Downes and you're adjacent or next to the man who's in the blue jacket. Is that right?
JESSICA KENSKY: Yes.
MR. MELLIN: Okay. And do you also see Mr. Bauman in that photo?
JESSICA KENSKY: Yes, I do.
MR. MELLIN: Can you circle Mr. Bauman, please?
JESSICA KENSKY: (Witness complies.)
MR. MELLIN: For the record, the gentleman on the right of the photograph and, again, the gray or kind of black shirt. Is that fair?
JESSICA KENSKY: Yes.
MR. MELLIN: And then you mentioned Karen Rand and Krystle Campbell. Do you see them in the photograph?
JESSICA KENSKY: Yes, I do.
MR. MELLIN: Can you circle them, please?
JESSICA KENSKY: Both?
MR. MELLIN: Yes.
JESSICA KENSKY: (Witness complies.)
MR. MELLIN: And for the record, you circled the two women who are on the ground in the middle of the photograph. Is that right?
JESSICA KENSKY: Yes.
MR. MELLIN: Thank you.
MR. MELLIN: And then, your Honor, if I could have pulled up just for the witness Exhibit 20, please.
MR. MELLIN: Ms. Kensky, do you recognize Exhibit 20?
JESSICA KENSKY: Yes, I do. But I have a question. Did you say just for the witness? I'm the only one seeing this photo?
MR. MELLIN: You and counsel and the judge right now, okay?
JESSICA KENSKY: Okay. So no one else has seen this photo? Okay.
MR. MELLIN: Do you see yourself in the photo now?
JESSICA KENSKY: Yes, I do.
MR. MELLIN: Okay. And does that photo fairly and accurately depict the scene after the explosion on April the 15th of 2013?
JESSICA KENSKY: Yes, it does.
MR. MELLIN: Your Honor, the government would move into evidence and ask to publish Exhibit 20.
MS. CLARKE: Your Honor, this is subject to the previous objection.
THE COURT: All right. It's admitted. Noted.
(Government Exhibit No. 20 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Now, Ms. Kensky, if you could, as you look at Exhibit 20, could you please circle where you and Patrick Downes are?
JESSICA KENSKY: Yes.
MR. MELLIN: For the record, you circled the gentleman in the plaid shirt who's on the ground in the upper left corner, and you are right behind him in a yellow windbreaker or hoodie, correct?
JESSICA KENSKY: Correct, yes.
MR. MELLIN: And, again, do you see Mr. Bauman in that photo?
JESSICA KENSKY: Yes, I do.
MR. MELLIN: Is he the individual in the middle of the photo laying on his side?
JESSICA KENSKY: Yes.
MR. MELLIN: And then finally --
MR. MELLIN: Your Honor if I may approach Ms. Kensky.
MR. MELLIN: Do you see the items that are in the bag?
JESSICA KENSKY: Yes.
MR. MELLIN: Have you seen those items before?
JESSICA KENSKY: Yes.
THE COURT: What's the number, Mr. Mellin?
MR. MELLIN: It's 1474A, your Honor.
BY MR. MELLIN:
MR. MELLIN: And, Ms. Kensky, the Exhibit 1474A, which is a plastic bag holding two items, how do you recognize those items?
JESSICA KENSKY: I wore those on April 15, 2013.
MR. MELLIN: Your Honor, the government would ask to move into evidence Exhibit 1474A, the bag containing the two items, and ask to publish that as well.
THE COURT: All right. Okay. Admitted.
(Government Exhibit No. 1474A received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Ms. Kensky, I'm going to hold up one of the two items. If you could please describe for us what it is I'm holding up?
JESSICA KENSKY: That is like a tank top or undershirt that I wore that day that has been -- you can see where my clothes caught on fire and the holes and dirt and some, probably, parts of the bomb.
MR. MELLIN: As you look at that, is the bottom portion of that cami burned?
JESSICA KENSKY: I love that you just said "cami." Thank you.
MR. MELLIN: Thank you. I learned very well. You didn't answer my question, though. Is that burned?
JESSICA KENSKY: Oh, yes. That's burned, and it exactly matches all my burn scars.
MR. MELLIN: And then finally, holding up this yellow jacket hoodie, do you recognize that?
JESSICA KENSKY: Yes, I do.
MR. MELLIN: And what is that?
JESSICA KENSKY: That is an overpriced jacket that my dad bought for me two weeks earlier, and it is a horrendous reminder of what happened. It's blood and burns and dirt and parts of the bomb.
MR. MELLIN: And as you look at Exhibit 1474A, the cami and the jacket, were those the items you were wearing on April 15, 2013?
JESSICA KENSKY: Yes.
MR. MELLIN: Thank you, your Honor.
MS. CLARKE: Thank you very much. I have no questions.
THE COURT: All right, Ms. Kensky. You may be excused.
JESSICA KENSKY: Thank you.
(The witness is excused.)
MR. CHAKRAVARTY: Your Honor, the government calls Danling Zhou.