9.Sarah De Lair — Direct (Part 1)
181 linesSARAH DE LAIR, 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.
SARAH DE LAIR: It's Sarah De Lair, and the last name is D-E L-A-I-R.
DIRECT EXAMINATION BY MS. PELLEGRINI:
MS. PELLEGRINI: And, Agent De Lair, will you tell the jury by with whom you're employed.
SARAH DE LAIR: I'm a special agent with the FBI.
MS. PELLEGRINI: And for how long have you held that position?
SARAH DE LAIR: Approximately eleven years.
MS. PELLEGRINI: And can you give us a little bit of your educational background first?
SARAH DE LAIR: Yes. I've an undergraduate degree from the University of North Carolina at Wilmington in environmental science and a master's degree from the Florida Institute of Technology in oceanography.
MS. PELLEGRINI: And after getting your degrees, what did you do?
SARAH DE LAIR: I worked as a pharmaceutical company in a microbiology lab, and then also worked for the City of Melbourne in the -- doing water testing for the municipality.
MS. PELLEGRINI: And how long did you do that for?
SARAH DE LAIR: Approximately two years.
THE COURT: Can we just wait until movement has ceased.
MS. PELLEGRINI: Certainly, your Honor.
THE COURT: All right. Go ahead.
MS. PELLEGRINI: Thank you, your Honor.
BY MS. PELLIGRINI:
MS. PELLEGRINI: I'm sorry, Agent De Lair.
SARAH DE LAIR: Approximately two years.
MS. PELLEGRINI: All right. And after that?
SARAH DE LAIR: I entered the FBI in January of 2004.
MS. PELLEGRINI: And what is your current assignment?
SARAH DE LAIR: I work out of the Boston Division, Lakeville Resident Agency. It's a satellite office out of the Boston Division. I work criminal cases, typically cyber matters and crimes against children, healthcare fraud, white-collar crimes.
MS. PELLEGRINI: And do you also perform a function with respect to ERT, or evidence recovery?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: And what is that?
SARAH DE LAIR: I'm a member of the Boston Evidence Response Team and one of the four team leaders.
MS. PELLEGRINI: So give us some of your background and training for ERT.
SARAH DE LAIR: So I completed the basic 80-hour ERT class. I've done advanced impressions, digital evidence collection, field processing of latent prints. I've done rugged terrain collection as well as the instructor development course and the post-blast class, indoor post blast and large vehicle post blast training.
MS. PELLEGRINI: And was all that completed prior to April of 2013?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: And in 2013 did you, in fact, respond to the area at Boylston Street --
SARAH DE LAIR: Yes.
MS. PELLEGRINI: -- on April 15th?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: And when did you go there?
SARAH DE LAIR: I arrived approximately 5:45 p.m. onto the streets.
MS. PELLEGRINI: And this would be Monday?
SARAH DE LAIR: Correct.
MS. PELLEGRINI: And what was your function at that time?
SARAH DE LAIR: We got the message for all ERT members to respond, so I arrived on the street. There were bomb techs and several other law enforcement entities on Boylston, and we were just trying to figure out where to begin.
MS. PELLEGRINI: So in order to find out where to begin, what do you do?
SARAH DE LAIR: There's a senior team leader who runs the Boston Evidence Response Team, so we were trying to get in touch with that person. At the time, though, there's bomb techs on the street. Our Boston field photographer was starting to take photos, and that's when the bomb tech said they wanted everyone off the street because they wanted to make sure that they did another sweep just to make sure it was safe.
MS. PELLEGRINI: So were you able to do a visual or a walk-through that evening?
SARAH DE LAIR: At that point, no. We all rallied to the Solas Pub and coordinated going to the Westin Hotel to meet with other ERT members.
MS. PELLEGRINI: And what did you do while you were there?
SARAH DE LAIR: When we were at the Westin, we decided what team leaders were going to go to what locations. Kristen Koch was a team leader. She went to -- kind of rallied the evidence and went to the Black Falcon Pier; myself and another team leader and some Boston P.D. representatives went back to Boylston around 11 p.m. to meet with the medical examiner's office transport in order to pick up the deceased.
MS. PELLEGRINI: So there were still deceased persons on the street at that time?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: Do you know who had to be removed?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: How many people?
SARAH DE LAIR: Three bodies.
MS. PELLEGRINI: And did you continue to stay on Boylston Street that evening?
SARAH DE LAIR: Yes. So we went back to Boylston Street around eleven o'clock with the field photographer. We took photos of the deceased, first going to the medical tent in Scene A, took photos of Krystle Campbell, and medical examiners transport took her body. And then we went to the other part, Scene B, where there were two other bodies and other evidence.
MS. PELLEGRINI: And did you become a team leader for a particular scene?
SARAH DE LAIR: Yes. So I was a team leader for Scene B, which was the explosion near the Forum.
MS. PELLEGRINI: And so in that regard, what did you do?
SARAH DE LAIR: So what happened at the end of that day -- so that evening into the morning we collected approximately ten items of evidence, three bodies and one body part, and at the end of the day the scene was secured and we came back the next morning. That's when all of the law enforcement met at the Lenox and tried to come up with a game plan. What we did is we got a list from law enforcement management of other agencies to see who would be participating in the search and what their expertise were. At that point myself and another agent separated individuals based on their expertise into the two scenes, so Scene A and Scene B.
MS. PELLEGRINI: And what type of expertise did people have?
SARAH DE LAIR: You had individuals who were photographers; we had bomb techs, sketchers, and people who were experienced in total station.
MS. PELLEGRINI: So, Agent De Lair, when you prepare people to go onto a scene, what has to be done before they actually step onto that scene?
SARAH DE LAIR: Well, before we step onto a scene, everyone is kind of given a role; however, we met with the bomb techs and talked about the scene ahead of time. In this case we had to be concerned about safety, so we had protective equipment that we had to wear. We had to come up with a game plan as to how we were going to start to process the scene. In the case of Scene B where I was a team leader, we divided it into four grids and divvied up the individuals in order to search those areas.
MS. PELLEGRINI: What type of protective equipment did people have to wear?
SARAH DE LAIR: Well, this was a scene that had explosive residue and we still had lots of tissue on the scene, so we had Tyvek suits as well as boots.
MS. PELLEGRINI: And with respect to other types of procedures that you had to put into place before people got onto the scene, what about firearms?
SARAH DE LAIR: So no firearms were allowed on the scene because of the -- because it was an explosive scene.
MS. PELLEGRINI: And how was the scene secured?
SARAH DE LAIR: So the scene was secured initially with the National Guard and also Boston Police Department.
MS. PELLEGRINI: So when did you actually get onto the scene to start the collection of evidence?
SARAH DE LAIR: So Tuesday, April 16th, we had the meeting starting at eight. The meeting lasted until about 11:30 a.m. where we were just organizing the teams. At that point we had a briefing and showed the individuals where the entry and exit point of the search team was going to be; we talked about the sign-in sheet because you had to sign in and sign out every time you were on the scene. And it was approximately a little bit after noon when the bomb tech and I did a briefing to our team to let them know how we were going to start processing and what their roles were.
MS. PELLEGRINI: Agent De Lair, with respect to the various personnel who were on the teams, how was -- what protocol was employed and how were people informed of the protocol?
SARAH DE LAIR: So when we had that brief that morning on Tuesday when we had all the agencies together, we went over the FBI protocol on how to conduct a search. We also went over photography protocols and went over the safety and talked about how we would be conducting the search.
MS. PELLEGRINI: And with respect to how the teams then were formed, in addition to the expertise that a person may have, was there any other consideration that went into forming a particular team?
SARAH DE LAIR: We just wanted to make sure that all of the agencies were represented across both of the teams.
MS. PELLEGRINI: And was there always an ERT person with each team?
SARAH DE LAIR: Yes, there were several ERT persons. Actually, within each quadrant there were ERT persons to make sure if anyone had any questions, they could come to them or to me.
MS. PELLEGRINI: So, Agent De Lair, before you start collecting, how do you know, or do you, what types of packaging is necessary? What do you collect ahead of time?
SARAH DE LAIR: Right. So we had whatever packaging we had, but then also, because it's an explosive case, any explosive or arson investigation we use paint cans which also traps the vapors. We had paper bags in case there was any biologicals, and then also plastic bags in case we needed anything for latent prints.
MS. PELLEGRINI: So I want to get more into the search, but I'd like to ask you what types of evidence did you collect, you and your team, at Scene B on Boylston Street?
SARAH DE LAIR: We collected everything from human remains to bomb components to parts of backpacks. It was kind of a wide range of things.
MS. PELLEGRINI: All right. Now, did you or your team receive evidence from local hospitals?
SARAH DE LAIR: Part of the ERT did but we were focused on Boylston, so that would have probably been going through Kristen Koch at Black Falcon.
MS. PELLEGRINI: Now, you mentioned that the decedents were removed via the ME's office, the medical examiner's office. When other body parts were recovered, what happened to those?
SARAH DE LAIR: So actually, throughout the week of us processing the scene, we would be calling the medical examiner's office several times a day in order to come over and to collect tissue.
MS. PELLEGRINI: Now, so going back, how was the scene laid out so that the teams didn't, you know, interrupt one another?
SARAH DE LAIR: Right. So Scene B was from essentially Exeter and Boylston all the way down to Dalton and Hereford intersection. So we had four quadrants: One quadrant was in the Forum, in the buildings; the second quadrant was in the blast seat, which was in front of the Forum; and then dividing the street from Ring Road up and then towards Exeter, those were also quadrants.
MS. PELLEGRINI: And once a quadrant was determined, what happened within that quadrant?
SARAH DE LAIR: Within that quadrant we had an individual assigning numbers, we had a sketcher, a photographer, and then a photo log person going -- and as people identified items of evidence, would have to point it out. They would give it a number, mark it, the individual would get the packaging necessary to bag that item after it had been photographed in place and the sketcher knew where that was. And then after whatever, if it was a bag or a paint can was packaged, they would have seven items of evidence -- or items that you would put on that container to bring it to the intake.
MS. PELLEGRINI: And what are those seven items?
SARAH DE LAIR: So the seven items, it's the case number, the item number, the date, the description of the item, the location of where it was located and then two collectors.
MS. PELLEGRINI: And with respect to the collection of evidence, did it just -- did you just collect from the street itself?
SARAH DE LAIR: Well, no. There was collection from the street, we went inside the buildings, we did rooftops, anywhere we could -- anywhere within the scene. I mean, there were even planters that were very heavy and were moved via forklift to see if there was anything underneath.
MS. PELLEGRINI: Did you also take things like soil samples?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: And where did that occur?
SARAH DE LAIR: So that was near the blast scene, it was soil samples.
MS. PELLEGRINI: And with respect to the buildings on Boylston Street, were people allowed inside buildings?
SARAH DE LAIR: No. At -- okay. Go ahead.
MS. PELLEGRINI: Go ahead.
SARAH DE LAIR: Later in the week business owners, for whatever reason, needed to get a laptop or something, asked if they could get into their building. So we would escort them onto Boylston Street. So they would have to put on the Tyvek and the booties and then also sign in. We would escort them, they would get whatever they needed, and then they were escorted off and would sign out.
MS. PELLEGRINI: And as far as you know were, in fact, businesses closed in that area on Boylston Street and other streets?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: All right. Do you know how long?
SARAH DE LAIR: Yes. Until we released the scene on April 22nd at 5 p.m.
MS. PELLEGRINI: And what about people who lived on Boylston Street; what happened there?
SARAH DE LAIR: They were evacuated.
MS. PELLEGRINI: And were they allowed to return, then, after the 22nd?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: So with respect, then, going back to the searching on the street, did you also go into the buildings?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: All right. And what happened there?
SARAH DE LAIR: We would get the keys from the businesses and the residences and we would go in and search to see if we had any evidence. In addition to that, near the end of the week we got keys for all the businesses in order to do a safety check with Boston Fire, and we went -- sweeped with canines just to make sure there wasn't any safety hazard.
MS. PELLEGRINI: Agent De Lair, prior to coming into court today --
MS. PELLEGRINI: And, your Honor, I have advised defense counsel of the nature of the items in the boxes on the carts and underneath the table in front of the clerk.
MS. PELLEGRINI: -- did you and other agents review the items that were collected from Boylston Street to determine whether or not they are, in fact, the same ones that you collected during the time period that you've just explained to us?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: And did you go through all of the bagged items from Exhibits 42 through Exhibit 618?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: And are they, in fact, the same items?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: Your Honor, the government would move into evidence with the exception of those several that have been done earlier today, Items 42 through 618.
MS. CLARKE: And that is the representation the government made because we have not seen the boxes again today.
THE COURT: All right. I take it that's what's in those boxes?
MS. PELLEGRINI: Yes, your Honor.
THE COURT: All right. They'll be admitted.
(Government Exhibit Nos. 42 through 618 received into evidence.)
BY MS. PELLIGRINI:
MS. PELLEGRINI: Agent De Lair, with respect to the evidence contained in those exhibits, 42 through 618, have you also had occasion to look at and analyze the graphic that we're calling Exhibit 620 with respect to the location and the classification of the items?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: All right.
MS. PELLEGRINI: May I have that up on the screen, please?
MS. PELLEGRINI: So, Agent De Lair, with respect to the items that appear here, those are, in fact, the items that are contained in these boxes and that you have reviewed. Is that correct?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: Now, with respect to the photographs, did you also review each and every photograph that's contained in this exhibit?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: And are they, in fact, those photographs that fairly and accurately represent the scene photographs and also those that represent the Q?
SARAH DE LAIR: Yes.
MS. PELLEGRINI: Your Honor, at this point the government would offer as an exhibit Scenes A and B and the Boylston Street scene of Exhibit 620.
MS. CLARKE: Your Honor, we see this as a demonstrative or a chalk and not as an exhibit.
THE COURT: I think it may be admitted as an exhibit but I'm not clear by your qualification whether you're offering all of 620.
MS. PELLEGRINI: No, your Honor. At this point subject to connection for the other layers, if you will, that appear --
THE COURT: Isn't it better to wait and just do it once?
MS. PELLEGRINI: Well, it might be. I don't want to lose the chance.
THE COURT: I was just concerned about how to identify what has been -- if you think Scene A, Scene B and Boylston Street is enough --
MS. PELLEGRINI: I do, your Honor, because that has a heading on the locations. So at this point the Boylston Street -- I would also offer the camera locations based upon the testimony of Ms. Ernst. So all of Boylston Street the government would be offering at this time. If the remaining part doesn't go in, it can be delinked and not provided.
THE COURT: Yeah. I'm concerned that the record be clear as to which parts of this are admitted and how that is -- how the description in the record will match to the --
MS. PELLEGRINI: What I can do, your Honor, is under the category that I'm now in, in locations, there is one layer or one image that is Boylston Street without anything else, there is a layer that is Boylston Street camera locations, there is a layer that is Scene 1, Scene A, and Scene 2, Scene B.
At this time the government is offering those portions of this exhibit.
THE COURT: All right. Those may be admitted.
(Government Exhibit No. 620 received into evidence.)
THE COURT: We're at one o'clock.
MS. PELLEGRINI: Oh, I still have a little more to go, so...
THE COURT: Well, is the planning still as we had discussed earlier?
MR. WEINREB: Yes, it is, your Honor.
THE COURT: I think we'll continue in the morning.
MS. PELLEGRINI: You mean with Agent De Lair?
THE COURT: Yeah.
MS. PELLEGRINI: Okay. That's fine.
THE COURT: That's the way I understood it. We have some other business we have to do this afternoon. We're going to actually finish early for you folks, but I think we'll finish with Agent De Lair tomorrow.
MS. PELLEGRINI: Thank you, your Honor.
THE COURT: Okay? So your day is over for now as we attend to some other business. This may happen from time to time. There are some things the lawyers and I have to do without you. So you can go about your business. You can stop and have lunch before you leave, if you'd like.
Again, enjoy the rest of the day. Please avoid any exposure to news accounts of this case or other related cases, and we'll see you tomorrow and continue with the evidence.
COURT CLERK: All rise for the Court and the jury. The Court will be in recess.
THE COURT: I'll stay with the lawyers and do some logistics.
(The jury exits the courtroom at 1:01 p.m.)
THE COURT: I'll make arrangements -- you can be seated for a minute.
MS. PELLEGRINI: May I excuse Agent De Lair, your Honor?
THE COURT: Yes, she may step down.
(The witness is excused.)
THE COURT: So we've discussed -- there's a pending motion regarding how to handle the evidence that is the boat that we've heard about. And in order to resolve that issue, I have decided I want to go look at it. So we're going to do that this afternoon. I don't know whether -- what time constraints people -- we talked about somebody from each team being at the scene when I go. I've got to make the arrangements with my transportation to get there.
Would it be best if we just met at the particular point and then all departed at the same time or something like that? Does that make sense?
MS. CLARKE: I think so.
THE COURT: Two o'clock? I assume that I can make the arrangements for two o'clock.
MR. WEINREB: That's good, your Honor.
THE COURT: Why don't we just meet in the robing room and go to the respective transportation devices from there. Does that make sense?
MS. CLARKE: That makes sense.
THE COURT: Okay. All right. We'll see you at two.
MS. CLARKE: Thank you, your Honor.
THE COURT: So we'll be in recess.
COURT CLERK: All rise for the Court. The Court will be in recess.
(The Court exits the courtroom and the proceedings adjourned at 1:04 p.m.)