4.Jeffrey Rolands — Direct
236 linesJEFFREY ROLANDS, 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.
JEFFREY ROLANDS: Jeffrey Rolands, R-o-l-a-n-d-s.
DIRECT EXAMINATION BY MR. MELLIN:
MR. MELLIN: Good morning, sir. Where are you employed?
JEFFREY ROLANDS: I'm employed with the FBI.
MR. MELLIN: What is your role right now?
JEFFREY ROLANDS: Special agent.
MR. MELLIN: Agent Rolands, when did you join the FBI?
JEFFREY ROLANDS: In 2009.
MR. MELLIN: Prior to that, where did you grow up?
JEFFREY ROLANDS: In Detroit, Michigan.
MR. MELLIN: At some point did you go to college?
JEFFREY ROLANDS: Yes.
MR. MELLIN: Where did you go to college?
JEFFREY ROLANDS: Michigan State University.
MR. MELLIN: What type of a degree did you get?
JEFFREY ROLANDS: A degree in medical technology, bachelor of science.
MR. MELLIN: After college, what did you do?
JEFFREY ROLANDS: I began an internship with the Detroit Police Department Crime Lab, along with the Oakland County Sheriff's Office Crime Lab, both in Michigan.
MR. MELLIN: How long did you work with them?
JEFFREY ROLANDS: I worked with the Detroit Police Department Crime Lab for approximately five years. I was hired on as a full-time employee, as a DNA analyst.
MR. MELLIN: After that tour of duty, where did you go?
JEFFREY ROLANDS: I went to Reno, Nevada, where I worked for the Washoe County Sheriff's Office Crime Laboratory as a criminalist, also a DNA analyst.
MR. MELLIN: How long were you there?
JEFFREY ROLANDS: I was there for approximately nine years.
MR. MELLIN: While you were there for these nine years, can you give us a brief description or overview of what you did?
JEFFREY ROLANDS: I was a DNA analyst. I would attend crime scenes, specializing in DNA collection but processing mainly biological materials for DNA.
MR. MELLIN: When you say "processing," what do you mean by that? How does that apply to something where there's DNA at a crime scene?
JEFFREY ROLANDS: I would examine swabs, blood stains, semen stains, saliva stains and obtain a DNA profile from those items, interpret those results and develop a report.
MR. MELLIN: Up to the point that you joined the FBI, approximately how many cases had you worked on?
JEFFREY ROLANDS: With regard to?
MR. MELLIN: Any type of evidence recovery or crime scene.
JEFFREY ROLANDS: Thousands.
MR. MELLIN: You joined the FBI in 2009, is that right?
JEFFREY ROLANDS: Correct.
MR. MELLIN: Did you go to Quantico, undergo training?
JEFFREY ROLANDS: Yes, I did.
MR. MELLIN: After that, did you get any type of evidence recovery training?
JEFFREY ROLANDS: Yes, I did.
MR. MELLIN: When did you get that?
JEFFREY ROLANDS: That was the Evidence Response Team basic class, and that was in March of 2011.
MR. MELLIN: When you joined the FBI in 2009, where were you assigned?
JEFFREY ROLANDS: I was assigned to the Violent Crime Task Force which investigates bank robberies, extortion, crimes aboard aircraft, kidnappings, crimes aboard cruise ships, the high seas, et cetera.
MR. MELLIN: Where were you assigned?
JEFFREY ROLANDS: Boston.
MR. MELLIN: Have you been assigned to Boston from 2009 until today?
JEFFREY ROLANDS: Yes.
MR. MELLIN: In addition to your role as part of the Violent Crime Unit, did you also do evidence recovery work?
JEFFREY ROLANDS: Yes, I did.
MR. MELLIN: When did you start doing that for the FBI?
JEFFREY ROLANDS: In approximately October of 2010.
MR. MELLIN: From October of 2010 up to April of 2013, approximately how many cases did you work on regarding evidence recovery?
JEFFREY ROLANDS: I would say probably at least 25 to 30.
MR. MELLIN: On April 15 of 2013, where were you?
JEFFREY ROLANDS: I was actually in Washington, D.C.
MR. MELLIN: Why were you in Washington?
JEFFREY ROLANDS: To attend a class.
MR. MELLIN: At some point did you return to Boston?
JEFFREY ROLANDS: Yes, I did.
MR. MELLIN: And how did that come about?
JEFFREY ROLANDS: I took one of the last planes out and arrived around 11 p.m. on April 15th, back into Boston.
MR. MELLIN: Did you go to the crime scene at some point?
JEFFREY ROLANDS: Yes, I did.
MR. MELLIN: When was that?
JEFFREY ROLANDS: In the morning of April 16th.
MR. MELLIN: What happened on that morning?
JEFFREY ROLANDS: There was a brief, a team meeting, for the Evidence Response Team, and along with other agencies, and the teams were essentially chosen for each scene.
MR. MELLIN: What was your role?
JEFFREY ROLANDS: My role was the team leader for Scene A.
MR. MELLIN: What was Scene A?
JEFFREY ROLANDS: Scene A was the crime scene associated with the Marathon Sports, in front of 671 Boylston.
MR. MELLIN: So you were assigned the first explosion?
JEFFREY ROLANDS: Correct.
MR. MELLIN: Was someone assigned to Scene B, or the second explosion?
JEFFREY ROLANDS: Yes.
MR. MELLIN: Who was that?
JEFFREY ROLANDS: Sarah DeLair.
MR. MELLIN: When you received these assignments, what were you to do?
JEFFREY ROLANDS: My role as team leader was to ensure the proper collection and preservation of the evidence with regard to the crime scene, assign personnel to search areas, ensure the safety of the personnel along with the security of the crime scene, a lot of logistical issues with infrastructure. That was my role, to take care of those as well.
MR. MELLIN: When you arrived on the morning of April 16th, was the scene secured?
JEFFREY ROLANDS: Yes, it was.
MR. MELLIN: How was it secured?
JEFFREY ROLANDS: It was secured by Boston Police Department along with the National Guard.
MR. MELLIN: Who was allowed in and out of that scene at that point?
JEFFREY ROLANDS: Only law enforcement personnel.
MR. MELLIN: Had you ever responded to a scene this large before?
JEFFREY ROLANDS: Never.
MR. MELLIN: How did you go about deciding how to recover the evidence at that scene?
JEFFREY ROLANDS: I canvassed my team for specialties, which was partially done for me, and then assigned groups, making sure to include each member of the organizations that were represented, which were the Boston Police Department, the ATF, FBI, other local agencies, state police, and assigned them to teams, included a special agent bomb tech with each of the teams and divvied those up to different search locations.
MR. MELLIN: Why did you assign a bomb tech to each of the teams?
JEFFREY ROLANDS: The possibility of secondary devices and to look for specific components with regard to this explosion.
MR. MELLIN: You mentioned the ATF. Could you just -- what does ATF stand for?
JEFFREY ROLANDS: Alcohol, Tobacco & Firearms.
MR. MELLIN: Is that a federal law enforcement agency?
JEFFREY ROLANDS: Yes, it is.
MR. MELLIN: Once you set up these teams, what did you go about doing?
JEFFREY ROLANDS: Initially, we went down for a preliminary examination of the scene, doing a walk-through to assess what type of packaging materials, what type of evidence, what type of biohazards, personal protective gear is needed, and then went forward with that.
MR. MELLIN: Just generally, kind of stepping out of this crime scene, can you just describe how do you go about recovering evidence, and then what does the FBI do with it?
JEFFREY ROLANDS: We photograph -- we identify a piece of evidence with a marker. It's just a number on-scene. The item is photographed in place, and then it is collected and packaged. And depending on the type of evidence, it's packaged either for biologicals, as an example, in paper. There are seven identifiers that are put on that bag to include the case number, the date, the location the item was found, the description of the item, and the two individuals that observed the item and collected that item. From there, that item was taken to our evidence intake where it is entered into an electronic case management system and given an actual item number.
MR. MELLIN: Were those steps followed in this case?
JEFFREY ROLANDS: Yes.
MR. MELLIN: Let's get back then to April 16, 2013, Scene A, the first explosion. How did you go about deciding how you were going to record what was recovered?
JEFFREY ROLANDS: In the same manner as our policy and our protocols. We would go through and do initial photographs, which began in the morning of -- for my scene, the morning for -- of the 16th. Photographs were taken. And then there was special agent bomb techs along with ERT personnel that did swabbing of the blast seat, the explosion area. After that, we began to section off areas almost in, like, a grid pattern to start and begin our searches. We had a lot of items that were -- high concentration of items in a small area around the actual explosion site. So there was a lot of debris and biological materials.
MR. MELLIN: When you say a lot of items in a small area, what small area are you talking about?
JEFFREY ROLANDS: In the area on the sidewalk in front of Marathon Sports.
MR. MELLIN: How did you handle that?
JEFFREY ROLANDS: Scene A was sectioned off into the areas in front of the businesses, and those were gridded out as search areas, specific search areas. So, for instance, a search area in front of Marathon Sports, that was one area. Items that were identified in that area were given a placard number, a marker number, photographed in place, and then the process of collecting it was taken. In addition, sketches were made of the area with the item numbers, those placard numbers, into those sketches, and surveying equipment was utilized to plot those evidence marker numbers into a mapping system.
MR. MELLIN: Approximately how many pieces of evidence did the FBI recover in Scene A?
JEFFREY ROLANDS: Over 450. I believe it was 458.
MR. MELLIN: Your Honor, if I may approach the witness?
MR. MELLIN: Agent Rolands, I just handed you an item. What did I just hand you?
JEFFREY ROLANDS: A paint can that has evidence tape on it.
MR. MELLIN: For the record, is it marked as Exhibit 421?
JEFFREY ROLANDS: Yes, it is.
MR. MELLIN: All right. What is inside that paint can?
JEFFREY ROLANDS: As described on the can, it says "BBs."
MR. MELLIN: Is that the evidence that was collected by the FBI from the crime scene, specifically Scene A, in April of 2013?
JEFFREY ROLANDS: Yes, it was.
MR. MELLIN: Your Honor, I'd move into evidence Exhibit 421.
MS. CLARKE: No objection.
THE COURT: Okay.
(Government Exhibit No. 421 received into evidence.)
MR. MELLIN: If you could just do me a favor. Looking at Exhibit 421, the can itself, the can was not on the crime scene, correct?
JEFFREY ROLANDS: Correct.
MR. MELLIN: So what did the FBI do with these BBs?
JEFFREY ROLANDS: These BBs were collected and packaged in this can, sealed, entered into evidence, and then shipped off to the laboratory.
MR. MELLIN: As you look at Exhibit 421, do you see these identifiers that you were talking about before listed on that can?
JEFFREY ROLANDS: Yes.
MR. MELLIN: And so what does 421 indicate?
JEFFREY ROLANDS: 421 indicates that there is a case number. There is the date that it was collected.
MR. MELLIN: What date is that?
JEFFREY ROLANDS: April 18, 2013. Along with the time that it was collected. It was at approximately 9:58 a.m. The location of Scene A, Grid 2C, as in Charlie. The description of the items within the can are BBs. The marker number was identified as 171. And the individuals that collected it, their names are on here as well.
MR. MELLIN: All right.
JEFFREY ROLANDS: Those are Crystal Komara and Douglas Klapec.
MR. MELLIN: You mentioned it was recovered on April 18th, correct?
JEFFREY ROLANDS: Correct.
MR. MELLIN: How long were you at Scene A collecting evidence?
JEFFREY ROLANDS: Until April 21st.
MR. MELLIN: So from the morning of the 16th until the evening of April 21st?
JEFFREY ROLANDS: Correct.
MR. MELLIN: So during that is when these BBs were recovered?
JEFFREY ROLANDS: Yes.
MR. MELLIN: You mentioned there was a grid, Grid 2C, is that correct?
JEFFREY ROLANDS: Correct.
MR. MELLIN: Could you briefly describe where that's located, if you know?
JEFFREY ROLANDS: I do not recall where Grid 2C is located.
MR. MELLIN: Fair enough. And then you indicate that there's a marker number. I think you said 171, is that right?
JEFFREY ROLANDS: Correct.
MR. MELLIN: What does that refer to?
JEFFREY ROLANDS: That was the marker number referring to the location of these items on scene. So on scene, there's a photograph taken in place with these items there; and then once they're collected, they're actually given then an item number when they're entered into an electronic case management system.
MR. MELLIN: Are they recovered by one person and collected by another or observed by another? How does that work?
JEFFREY ROLANDS: It's a combination. We -- by policy, we have two individuals that observe the item in its original location and collect it, and that could be vice versa. In this instance, it's not indicated.
MR. MELLIN: Once those items are collected, what happens to them?
JEFFREY ROLANDS: Once they're collected, then, again, they were brought into an evidence intake area and issued -- and entered into the electronic case management system and issued an "S" number or an item number. In this instance, this item was S266. They are -- they have been sealed and packaged properly, and then a chain of custody will be assigned to this item.
MR. MELLIN: What is a chain of custody?
JEFFREY ROLANDS: It is a chain of the individuals and the location that this item has traveled.
MR. MELLIN: So once that item is recovered, where does it go?
JEFFREY ROLANDS: This item went to Black Falcon pier, and then I believe it went down to the laboratory.
MR. MELLIN: For the record, you were looking at the item as you said you believe it went down to the laboratory. Can you look at that item and tell if it went down to the laboratory?
JEFFREY ROLANDS: Actually, it did. There was a "Q" number on here, which is a question item number. And that is assigned and there are more initials on it. So, yes, it did go down to the laboratory.
MR. MELLIN: Let's talk about that Q number in a minute. You mentioned Black Falcon. What is Black Falcon?
JEFFREY ROLANDS: It is the seaport for cruise ships.
MR. MELLIN: How did that become involved in the FBI's investigation of the crime scene?
JEFFREY ROLANDS: It was our evidence intake area and kind of collection area. After moving from the scenes, because there was so much evidence, it was then processed and kind of sorted on priority on which items were going down to the lab or not, and that was over at Black Falcon pier.
MR. MELLIN: Now, you mention there's an S number and a Q number. What is an S number?
JEFFREY ROLANDS: The S number was the item number that was given to this item on scene, Scene A.
MR. MELLIN: What is a Q number?
JEFFREY ROLANDS: The Q number is the question number, which is given at the laboratory, when it's received at the laboratory.
MR. MELLIN: The laboratory we're talking about is the FBI's laboratory at Quantico, Virginia?
JEFFREY ROLANDS: Yes.
MR. MELLIN: So the item is collected and then sent down -- some items are sent down to Quantico for analysis?
JEFFREY ROLANDS: Yes, they were.
MR. MELLIN: You mentioned there were, I think, 458 items collected or pieces recovered from the scene, is that right?
JEFFREY ROLANDS: Yes, from Scene A.
MR. MELLIN: Okay. Were all of those items recovered essentially in the way that we just talked about?
JEFFREY ROLANDS: Yes.
THE COURT: Mr. Mellin, we've reached 11:00. Maybe this is a good time to take the morning recess.
MR. MELLIN: That's fine, your Honor.
THE COURT: Okay. We'll take the morning recess.
COURT CLERK: All rise for the Court and the jury. Court will take the morning recess.
(The jury left the courtroom at 11:06 a.m.)
(SIDEBAR CONFERENCE AS FOLLOWS:
THE COURT: Yes, counsel, please. This is for the proffer that defense wanted to make. I guess it was Mr. Chakravarty's witness.
MS. CONRAD: Your Honor, I'm not quite sure why I wasn't allowed to do recross; but had I been allowed to do recross -- Mr. Chakravarty elicited on redirect that -- in a leading question that the tweet about September 10th was the first tweet after the last Al_Firdausia tweet, if I understood him correctly, and that's simply not correct. There's a tweet about "never fork a mini tomato while wearing a white shirt" was tweeted at 2:18 p.m. on March 13th. The September 10th tweet was more than 24 hours after that. I want to introduce the actual tweets, which -- the entire Exhibit 1 does not show the times. It just shows the dates. But I had this prepared as an exhibit to put in to show the time, and I'm not sure I understand why Mr. Chakravarty gets to do direct and redirect and I cannot do recross.
THE COURT: Recross isn't guaranteed. But at any rate, that explanation confirms to me it was --
COURT REPORTER: I'm sorry, Judge. I didn't hear you.
THE COURT: It's there. You can argue it if you want to argue it. It's in the evidence.
MS. CONRAD: Well, I don't think the jury should be left with --
THE COURT: Your offer is made.
MS. CONRAD: -- an inaccurate presentation.
. . . END OF SIDEBAR CONFERENCE.)
(Recess taken at 11:06 a.m.)
(After the recess:)
COURT CLERK: All rise.
(The Court enters the courtroom at 11:22 a.m.)
COURT CLERK: Be seated.
THE COURT: Mr. Weinreb, you had something?
MR. WEINREB: Yes, your Honor. I believe it's unprofessional, to say the least, for the defense to ask in front of the jury if the government will stipulate to something that we've never seen before and no mention has been made, no request for a stipulation has been made ahead of time, we're surprised by it, and it's all happening in the jury's presence. I can only imagine how the defense would react if we started asking them in the jury's presence if they would stipulate to things that are not favorable to their client. And they would have to object or say no. That's not how we've done things in this case. The parties have communicated ahead of time about things like proposed stipulations. And that's the way it's done in every case and that's the way it should be done; not as a show for the jury.
THE COURT: Right. Noted.
MS. CONRAD: I thought Mr. Chakravarty would know what Mecca looks like, that's all.
THE COURT: All right. Let's get the jury.
(Pause.)
COURT CLERK: All rise for the jury.
(The jury enters the courtroom at 11:24 a.m.)
COURT CLERK: Be seated.
MR. MELLIN: Thank you, your Honor.
And, your Honor, if I haven't already done so, I would move in Exhibit 421. I believe I did that but I'm not positive.
THE COURT: You did.
MR. MELLIN: Thank you.
BY MR. MELLIN:
MR. MELLIN: Agent Rolands, were there concerns about going to Scene A or Scene B regarding whether or not the scenes were safe?
JEFFREY ROLANDS: Yes, there were.
MR. MELLIN: And what steps were taken to make sure that they were safe or they were rendered safe?
JEFFREY ROLANDS: Special agent bomb techs did secondary sweeps of the locations. In addition, the Boston Fire Department -- there was hanging glass above some of the locations where the businesses were, and so they went into those locations, broke down the glass, and actually inspected some of the buildings and those fronts, the interiors, to assure us that those locations were safe to search under and around.
MR. MELLIN: The evidence that was recovered in this case, have you reviewed those items of evidence that have been marked as exhibits in this case?
JEFFREY ROLANDS: Yes, I have.
MR. MELLIN: And are those the actual items that were recovered from the scene, Scene A, during the week of April 16th through the 21st, 2013?
JEFFREY ROLANDS: Yes.
MR. MELLIN: Thanks. Okay. And just generally, where were these items recovered from that scene?
JEFFREY ROLANDS: Between the streets of Exeter and Berkeley to include Newbury Street, between those -- that area, that street, and St. James, to include the medical tent and the Copley Square, in that general vicinity.
MR. MELLIN: And were the items all recovered on the ground, or where were they recovered?
JEFFREY ROLANDS: They were recovered from rooftops, ledges, on the ground, interior of buildings.
MR. MELLIN: From the public library across the street?
JEFFREY ROLANDS: Correct.
MR. MELLIN: Now, when you say "rooftops," do you recall any rooftops in particular?
JEFFREY ROLANDS: Yes, from the rooftops on the Charlesmark Hotel, and those that were on the odd-numbered side of Boylston.
MR. MELLIN: And approximately how tall is the Charlesmark Hotel?
JEFFREY ROLANDS: I believe that is four stories.
THE COURT: Which is the odd side of the street, north or south?
JEFFREY ROLANDS: The north side of the street.
MR. MELLIN: Thank you, your Honor.
Thank you.
MS. CLARKE: Thank you. No questions.
THE COURT: Oh, you're done? I'm sorry. All right, sir. Thank you. You may step down.
JEFFREY ROLANDS: Thank you.
(The witness is excused.)
MS. PELLEGRINI: The government calls Special Agent Kristen Koch.