6.Michael Macias — Direct
121 linesMICHAEL MACIAS, duly sworn
COURT CLERK: State your name, spell your last name for the record, keep your voice up and speak into the mic so everyone can hear you.
MICHAEL MACIAS: Michael Macias, M-A-C-I-A-S.
DIRECT EXAMINATION BY MR. MELLIN:
MR. MELLIN: Good morning, sir.
MICHAEL MACIAS: Good morning.
MR. MELLIN: Where do you work?
MICHAEL MACIAS: I work at the FBI lab in Quantico, Virginia.
MR. MELLIN: Where did you grow up?
MICHAEL MACIAS: I grew up in Sumpter, South Carolina.
MR. MELLIN: Did you go to college?
MICHAEL MACIAS: I attended University of Lander, University of Clemson and University of South Carolina.
MR. MELLIN: Did you get a degree at the University of Clemson?
MICHAEL MACIAS: A bachelor's in electrical engineering at the University of Clemson.
MR. MELLIN: And when you went to the University of South Carolina, did you get a degree?
MICHAEL MACIAS: I got a bachelor of science in chemistry at the University of South Carolina.
MR. MELLIN: Did you go to school after that?
MICHAEL MACIAS: I attended Florida International University for graduate school.
MR. MELLIN: And what did you obtain there?
MICHAEL MACIAS: A Ph.D. in chemistry.
MR. MELLIN: So as you sit here today, you're a doctor?
MICHAEL MACIAS: That's correct.
MR. MELLIN: Dr. Macias, when did you join the FBI?
MICHAEL MACIAS: I entered on duty with the FBI in September of 2011.
MR. MELLIN: And what do you do there?
MICHAEL MACIAS: My title is a physical scientist in the explosives unit at the FBI lab. I handle evidence, help teach post-blast investigator schools.
MR. MELLIN: Do you have specific training in post-blast situations?
MICHAEL MACIAS: We do. We train at Eglin Air Force base in the demolition phase of their explosives course down there for the military on how to handle, appropriately, explosives.
MR. MELLIN: Specifically, as to the investigation of the bombings in Boston, how did you get involved in that?
MICHAEL MACIAS: My -- the supervisor I work for and I were assigned the Boston bombing case. So any evidence that came into the lab would fall into our purview and our assortment and analysis.
MR. MELLIN: Did you do any specific investigations or scientific work on this evidence that was recovered?
MICHAEL MACIAS: Yes. The evidence that came in, when it came to the explosives unit, at the end of the analysis phase we did all the physical measurements and did the analysis on the actual evidence that was submitted in order to determine whether or not there was viable evidence to rebuild an explosive device and identify any parts based on markings and where they may have sourced from.
MR. MELLIN: In April of 2013, where were you?
MICHAEL MACIAS: I was at work at the FBI lab.
MR. MELLIN: At what point did you get involved in this investigation?
MICHAEL MACIAS: Right after the bombings occurred on April 15th, we were notified that we would be deploying some of our members of our unit to Boston to help collect and identify evidence. And that night I was also informed that we would be the ones primary on the evidence as it came into the lab. So we started prepping the room for storage and inventory the evidence as it came in on the 15th.
MR. MELLIN: And who was the primary person responsible for the intake of those items at the FBI lab?
MICHAEL MACIAS: I was the primary responsible.
MR. MELLIN: So at some point would you go to Manassas, Virginia, to pick up items?
MICHAEL MACIAS: I was not responding to Manassas to deliver the items to the lab. Some of the other members of our unit who were qualified to handle and transport evidence brought it to the laboratory.
MR. MELLIN: And why were people going to Manassas, Virginia?
MICHAEL MACIAS: That is where the evidence was being delivered for the FBI flights.
MR. MELLIN: And generally where is Manassas in relation to either Washington, D.C., or Quantico?
MICHAEL MACIAS: Manassas is about halfway between D.C. and Quantico; about 20 miles from D.C. and 20 miles from Quantico, Virginia.
MR. MELLIN: After these items were delivered on aircraft to Manassas, Virginia, what would happen to them?
MICHAEL MACIAS: The items were brought to the lab. We received them, signed chains of custody to accept all the different boxes that were brought in. We began our check-in procedure which included documentation of all the containers that we received as well as inventorying of each specific item and the packaging as it was brought into the lab. Our inventory process did include assigning a unique identifier number to each item of evidence, as well as photographing the evidence as it was received into the lab.
MR. MELLIN: The unique identifying number, what is that number?
MICHAEL MACIAS: In this case it was a Q number, "Q" meaning questioned item, item of evidence that was brought in. And so it would be a Q assigned with a specific number, sequential number as we received more and more evidence.
MR. MELLIN: So even though there's already a number that has been assigned in Boston, there's a new number that's assigned when it comes into the lab?
MICHAEL MACIAS: That's correct. The laboratory assigns specific identifier numbers for our records.
MR. MELLIN: When a piece of -- or piece of evidence would come into the lab and it was assigned a Q number, then what would happen to it?
MICHAEL MACIAS: After assigned a Q number and the photography was done to document the evidence as received, we then developed an examination plan for each piece of evidence to determine what units within the lab would go for analysis, and monitor chain of custody as it proceeded throughout the lab.
MR. MELLIN: And what type of units are you talking about that something could go to?
MICHAEL MACIAS: Some of the examples of the units would be the DNA unit. The latent prints or fingerprint unit; the trace exam for hair and fiber unit; tool marks unit; chemistry unit; and explosive chemistry unit.
MR. MELLIN: Let's go to some of that. If it went to the trace unit, what is it going there for?
MICHAEL MACIAS: Trace helps remove tape from different devices to look for specific hairs and fibers that may be help to identify and source to other items. So they remove the tape so that no contamination has occurred, no extra hairs or fibers fall into it, and then they'll use that to identify the hairs and fibers for classification purposes.
MR. MELLIN: If it goes to the firearms or tool marks unit, what is going on there?
MICHAEL MACIAS: The firearms and tool marks unit, we're looking at tool marks and comparison tools that may have been recovered from search scenes to try and identify if the tool marks found on the actual items of evidence that were submitted from the crime scenes would match the tool marks that were created from the tools that were recovered from the search scenes.
MR. MELLIN: If it goes to the latent fingerprints or the fingerprints unit, what is going on there?
MICHAEL MACIAS: In that case they are looking for fingerprints, identifying according to their protocol based on their methods of recovering fingerprints to try and match those fingerprints to other fingerprints that may be submitted or other items that may have been submitted.
MR. MELLIN: What would happen if something went to the DNA lab or the DNA unit?
MICHAEL MACIAS: The DNA unit would swab different pieces of evidence where they, according to their protocols, would determine likely source of DNA, could be determined, and then report those results as a comparison to DNA samples from known people.
MR. MELLIN: And if something were to go to the chemistry lab, what is going on there?
MICHAEL MACIAS: Within the chemistry lab, there are several subunits, including metallurgy, and they can determine the composition of different pieces of metal that were submitted. There's paints and polymers, and they would determine pattern matches for things like polymer tapes as well as the adhesive material underneath in order to source match those items to related items that had been submitted.
MR. MELLIN: Once the items were submitted to one of these other units, would they come back to you?
MICHAEL MACIAS: After each item was submitted to each unit, it would come back to us in chain of custody to ensure all items were present, and then we would move the item to the next unit in the prepared examination plan.
MR. MELLIN: And after you've gone through these units, at some point does it go to the explosive lab if it needs to?
MICHAEL MACIAS: After all examinations were performed by the other units of the lab, all evidence was returned to the explosives unit where we performed our examinations.
MR. MELLIN: And then was there someone at the explosives unit who was in charge of overseeing and putting together an expert report in this case?
MICHAEL MACIAS: Edward Knapp -- Special Agent/bomb tech Edward Knapp was in charge of developing the report based on the results that we -- an examination of the evidence in the explosives unit.
MR. MELLIN: You mentioned when an item comes in, you do somewhat of an initial examination. What are you looking for at that time?
MICHAEL MACIAS: The initial examination is just to document the state of the item as it comes in and the general description of the item as we receive it.
MR. MELLIN: So if you received a BB, what would you -- how would you go about describing that?
MICHAEL MACIAS: A BB would be recorded as a spherical metal item. If it is known as an actual BB, we can refer to it as a BB.
MR. MELLIN: And then what about like a piece of wire? How would you go about measuring that?
MICHAEL MACIAS: Measuring wire, we would actually document the color of the sheathing, the color of the strands, any print that was on the actual sheathing of the wire. We'd measure the diameter of the wire in an effort to determine the actual gauge of the wire.
MR. MELLIN: And, your Honor, if I may approach with Government's Exhibit 136 and 137.
THE COURT: Okay.
BY MR. MELLIN:
MR. MELLIN: Dr. Macias, do you recognize what I've just handed you?
MICHAEL MACIAS: Yes, I do.
MR. MELLIN: What is this?
MICHAEL MACIAS: This is Item Q122 that we received into the laboratory.
MR. MELLIN: And is that an item that was analyzed by the lab?
MICHAEL MACIAS: That is correct.
MR. MELLIN: Okay. And is that in the same condition that it was at the time that it was received or is there some analyses on items as they come in?
MICHAEL MACIAS: The item was received with most of the information seen on this can pre-prepared by the evidence retrieval unit on-scene, and then we add our unique numbers attached to this, including the Q number I mentioned before, as well as my initials to identify that this has been checked in and inventoried, and then the analysis on these items would be performed.
MR. MELLIN: Your Honor, I would move in Exhibit 136 and 137.
MS. CLARKE: Is that two exhibits, your Honor, or one?
THE COURT: That was my question.
MR. MELLIN: It's two exhibits inside of that can, your Honor.
THE COURT: Just for clarity, it was identified, I thought, by a single Q number, Q122.
MR. MELLIN: Correct.
THE COURT: That had both items under that classification?
(Counsel confer off the record.)
BY MR. MELLIN:
MR. MELLIN: Actually, Dr. Macias, maybe that's a question that you can answer better than I can, the reason why.
MICHAEL MACIAS: When we receive the evidence into the laboratory, sometimes it's multiple pieces of evidence, or as I mentioned, tape was removed from evidence for latent prints, for an example. So the evidence, as it's being analyzed, will be separated into multiple items. In this case, Item Q122 is the original item, and Q122.1 was an item that was separated out and given a separate number in the system, but it sources from the original number the ERT gave when we received it into the laboratory.
THE COURT: So one of those, 136 is 122, and the 137 is 122.1.
MICHAEL MACIAS: Correct.
THE COURT: Admitted then.
MR. MELLIN: Thank you, your Honor.
(Government Exhibit Nos. 136 and 137 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Dr. Macias, if you can, just looking at that can, can you describe for the jury what is on the outside of that can and how this process worked, specifically about that can?
MICHAEL MACIAS: About this can? We've got the ERT information as they collect it, so there's seven points of information including date, location and who collected it. And they assign a specific number on-scene, what they refer to as an S number, in this case S2056. Then as it's prepared at their -- from what I understand, as it's gathered at their warehouse, they are adding a 1B number, FBI identification number, as well as bar code number for identification purposes within their system. So that information was then received on this can as we got it into the lab as well as the seal across the top. Once we received it into the laboratory and we've opened it up and identify what the item is, we assign a laboratory number. And that is based on the set of evidence that is received. Each shipment gets a unique identifying laboratory number. Then each item in that shipment is given a separate Q number, and in this case again Q122 and 122.1. And then my initials are added to that and the can is resealed and initialed as it moves around the lab for examination purposes.
MR. MELLIN: And you say your initials are on that. Is that because you received it?
MICHAEL MACIAS: That is correct.
MR. MELLIN: And was that procedure followed with all of the pieces of evidence that were sent down to the lab?
MICHAEL MACIAS: All pieces of evidence were followed under the same procedure, standard, in the explosives unit.
MR. MELLIN: One other small area. When an item is received, it gets a Q number. At some point is it also photographed?
MICHAEL MACIAS: It's photographed as it's received into the lab along with the inventory process. So it's assigned a Q number and then we photograph it immediately.
MR. MELLIN: And all items would be photographed?
MICHAEL MACIAS: That's correct.
MR. MELLIN: Thank you.
MS. CLARKE: No questions.
THE COURT: All right, sir. Thank you. You may step down.
(The witness is excused.)
MS. PELLEGRINI: Jason Costello.
COURT CLERK: Step up here, please.