3.Todd Brown — Direct/Cross
249 linesTODD BROWN, 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.
TODD BROWN: My name is Todd Brown. Last name, B-r-o-w-n.
DIRECT EXAMINATION BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Good morning.
TODD BROWN: Good morning.
MR. CHAKRAVARTY: Officer Brown, where are you currently employed?
TODD BROWN: I'm a Boston Police bomb technician with the Boston Police.
MR. CHAKRAVARTY: How long have you been a Boston police officer?
TODD BROWN: Twenty-four years.
MR. CHAKRAVARTY: Have you had a variety of different roles in the BPD?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Can you just quickly run through some of them?
TODD BROWN: I was on SWAT, Mobile Operations, K-9, and now I'm on the Explosive Ordinance Unit.
MR. CHAKRAVARTY: What's the general mission of the Explosive Ordinance Unit?
TODD BROWN: We respond to suspicious packages and protecting dignitaries.
MR. CHAKRAVARTY: Explosive ordinance, does that include bombs?
TODD BROWN: Yes.
MR. CHAKRAVARTY: And Improvised Explosive Devices?
TODD BROWN: Correct.
MR. CHAKRAVARTY: And do you use a K-9 Unit personally, or do you do other functions?
TODD BROWN: I don't have a canine. I used to have a canine. I do not have one.
MR. CHAKRAVARTY: Canines are often used with the EOD teams?
TODD BROWN: Yeah, we're a team.
MR. CHAKRAVARTY: Is one of your roles as an explosive ordinance technician to clear areas to make sure that there's nothing that's threatening as an explosive?
TODD BROWN: Yes.
MR. CHAKRAVARTY: With regards to April of 2013, were you assigned to the EOD team of the Boston Police Department?
TODD BROWN: Yes.
MR. CHAKRAVARTY: And on the day of the Marathon, April 15, 2013, did you work that day?
TODD BROWN: Yes.
MR. CHAKRAVARTY: And did you respond to the Marathon after the bombings?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Were you there the day -- excuse me, during the day before the bombings? Were you at the Marathon before the bombings occurred?
TODD BROWN: No.
MR. CHAKRAVARTY: So after the bombings you arrived?
TODD BROWN: Yes.
MR. CHAKRAVARTY: And so what was the general tasking to the EOD officers after the bombing?
TODD BROWN: To clear packages, make sure that there was no other devices.
MR. CHAKRAVARTY: Can you describe very generally how that happened over the course of the afternoon?
TODD BROWN: We would -- you know, there would be a suspicious package or whatever on Boylston Street. We would go up there, clear it, and then continue on to another package, to another package.
MR. CHAKRAVARTY: Was one of the ways that these were cleared is some of these packages were opened in a special technique that the EOD team had learned?
TODD BROWN: Yes.
MR. CHAKRAVARTY: In some cases, or very limited cases, you actually would do what's called a controlled explosion?
TODD BROWN: Correct.
MR. CHAKRAVARTY: On one occasion on Boylston Street, did some of your colleagues actually conduct a controlled explosion?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Does the controlled explosion use what's called a blasting cap or a controlled explosive device in order to burst something open?
TODD BROWN: Yes.
MR. CHAKRAVARTY: How many times do you think that happened?
TODD BROWN: I believe once.
MR. CHAKRAVARTY: Now, did Boston Police EOD officers continue to participate in the investigation for the course of the week of April 15th through April 19th?
TODD BROWN: Yes.
MR. CHAKRAVARTY: And on April 19th of 2013, did you respond, along with other bomb techs from a variety of different agencies, to Watertown, Massachusetts?
TODD BROWN: Yes.
MR. CHAKRAVARTY: What was the reason that you were responding to Watertown, Massachusetts?
TODD BROWN: There was a suspect in a boat.
MR. CHAKRAVARTY: What was the EOD team's mission?
TODD BROWN: We were going to have to clear the boat for explosives or devices or booby traps.
MR. CHAKRAVARTY: At some point that afternoon, evening, did -- was someone -- did someone come out of that boat?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Where were you in relation to the boat at that time?
TODD BROWN: About three to four houses up from that location.
MR. CHAKRAVARTY: Was that person arrested and placed on a stretcher?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Did you see that person?
TODD BROWN: Yes.
MR. CHAKRAVARTY: After you saw him, what did you do?
TODD BROWN: We were going to go down to the location to start clearing that area.
MR. CHAKRAVARTY: When you -- how did you learn that the person was in custody?
TODD BROWN: I believe with a police radio and then with a cheer, loud cheers, and people celebrating.
MR. CHAKRAVARTY: What was the response of the non-EOD personnel?
TODD BROWN: They started to head down towards that location.
MR. CHAKRAVARTY: What did the EOD personnel do?
TODD BROWN: We stayed in place because the area wasn't secure.
MR. CHAKRAVARTY: And then eventually did EOD personnel move down towards the boat?
TODD BROWN: Yes.
MR. CHAKRAVARTY: About how long after the defendant was taken -- excuse me, the suspect was taken into custody?
TODD BROWN: About 10, 15 minutes maybe.
MR. CHAKRAVARTY: And when -- did you get to the scene where he was taken into custody?
TODD BROWN: Yes.
MR. CHAKRAVARTY: What did you see there?
TODD BROWN: I saw a boat.
MR. CHAKRAVARTY: How many EOD bomb techs were in the area?
TODD BROWN: Roughly six.
MR. CHAKRAVARTY: Were you given a particular task?
TODD BROWN: Yes.
MR. CHAKRAVARTY: What was that?
TODD BROWN: I was to clear the boat.
MR. CHAKRAVARTY: Okay. So what did you do?
TODD BROWN: I entered the boat and started to sweep the boat for any kind of booby traps, explosives or anything like that.
MR. CHAKRAVARTY: When you say "sweep the boat," what does that mean?
TODD BROWN: Look for it, identify, render them safe if possible.
MR. CHAKRAVARTY: And did you find anything that was dangerous to you?
TODD BROWN: No.
MR. CHAKRAVARTY: While you were in the boat, did you notice anything that you knew you had to communicate to your fellow colleagues?
TODD BROWN: Yes. I noticed something written inside the boat.
MR. CHAKRAVARTY: When you say "written inside the boat," what do you mean?
TODD BROWN: It was written on -- with a -- it was written inside the boat with a pencil.
MR. CHAKRAVARTY: You mean like on the inside of the hull of the boat?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Were there bullet holes in the boat?
TODD BROWN: Yes.
MR. CHAKRAVARTY: And were those by law enforcement shooting at the person?
TODD BROWN: I believe so.
MR. CHAKRAVARTY: And you weren't one of those people?
TODD BROWN: No.
MR. CHAKRAVARTY: Was there blood in the boat?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Was blood actually lining down on the inside of the hull on top of the writing?
TODD BROWN: Correct.
MR. CHAKRAVARTY: For the witness, your Honor, I call up 826.
MR. CHAKRAVARTY: Officer Brown, is this one of three photos of the writing that you just described?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Is this a fair and accurate depiction of what it looked like, lighting conditions aside, when you saw it?
TODD BROWN: Correct.
MR. CHAKRAVARTY: 827, please.
MR. CHAKRAVARTY: Is this another portion of the writing that you saw on April 19th in the boat?
TODD BROWN: Yes.
MR. CHAKRAVARTY: And 828.
MR. CHAKRAVARTY: Is this the last photo of the writing in the boat?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Now, these three photos, are these three portions of the writing that were separated by a divider of part of the boat?
TODD BROWN: Yes.
MR. CHAKRAVARTY: But was it one contiguous writing?
TODD BROWN: Correct.
MR. CHAKRAVARTY: Now, when you went into the boat, did you go in with anyone else?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Was that another bomb tech?
TODD BROWN: Correct.
MR. CHAKRAVARTY: Were you the first two people to enter the boat after the suspect was taken out?
TODD BROWN: Correct.
MR. CHAKRAVARTY: Incidentally, do you see, to the best of your memory, the person who was taken out of the boat in the courtroom today?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Can you just point to him and identify him by something he's wearing?
TODD BROWN: He's got a dark jacket on.
MR. CHAKRAVARTY: Ask the record to reflect the witness identifying the defendant.
THE COURT: All right.
MR. CHAKRAVARTY: In fact, when you saw the defendant, he was bloody, wasn't that true?
TODD BROWN: Correct.
MR. CHAKRAVARTY: And the -- after you had secured the scene, did anyone else come into the boat, to your knowledge?
TODD BROWN: No.
MR. CHAKRAVARTY: Exhibits 826 through 828, are they all fair and accurate depictions of the writing that you saw in the boat that day?
TODD BROWN: Yes.
MR. CHAKRAVARTY: I ask that they be moved into evidence.
THE COURT: Any objection?
MS. CLARKE: No.
(Government Exhibit Nos. 826-828 received into evidence.)
MR. CHAKRAVARTY: Go to 826, please.
MR. CHAKRAVARTY: Officer Brown, the writing on the boat, did you subsequently review a transcript of the writing of the boat and determine whether it was a fair and accurate transcription of the writing that was handwritten onto the boat?
TODD BROWN: Yes.
MR. CHAKRAVARTY: And is it, in fact, a fair and accurate transcription?
TODD BROWN: Yes.
MR. CHAKRAVARTY: If we could, just the witness, your Honor, 830, please.
MR. CHAKRAVARTY: Officer Brown, is this the first page of the writing on the -- the transcription of the writing on the boat?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Does the first page capture the transcription of the writing that applies to the first photo that we just saw, 826?
TODD BROWN: Yes.
MR. CHAKRAVARTY: And does the second page of this Exhibit 830 conform to the writing that was on the second photo, 827?
TODD BROWN: Yes.
MR. CHAKRAVARTY: And does the third page of this transcription conform to the writing that was on the third page -- third photograph, Exhibit 828?
TODD BROWN: Yes.
MR. CHAKRAVARTY: I'd move in Exhibit 830.
MR. BRUCK: No objection.
THE COURT: No objection. All right.
(Government Exhibit No. 830 received into evidence.)
MR. CHAKRAVARTY: If we could go back to 826, we'll toggle back and forth.
MR. CHAKRAVARTY: Now, Officer Brown, the writing that was transcribed, is that the -- you know, what I just underlined there as an example of the first line of writing?
TODD BROWN: Could you repeat that, please?
MR. CHAKRAVARTY: The writing that's in the transcription, did I -- is that writing accurately reflected on -- as being the writing from 826? I just underlined the first line of the writing. I just want to identify the writing on the boat versus other features on this photo.
TODD BROWN: Yes.
MR. CHAKRAVARTY: And is this a hole that was presumably created by a bullet going through the hole?
TODD BROWN: Yes.
MR. CHAKRAVARTY: And you're not a ballistician. You don't know that, but it looks like a bullet hole?
TODD BROWN: It appears to be one.
MR. CHAKRAVARTY: Is this the blood that was kind of trailing down from the top of the note down?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Does it appear as if the blood was on top of the writing?
TODD BROWN: Yes.
MR. CHAKRAVARTY: So the writing was done before the blood came down?
TODD BROWN: Yes.
MR. CHAKRAVARTY: For convenience of reading, can we go to 830, please?
MR. CHAKRAVARTY: I'll read this panel and ask if I read it correctly. "I'm jealous of my brother who ha" -- then there's a hole -- "ceived the reward of the jannutul Firdaus inshallah before me. I do not mourn because his soul is very much alive. God has a plan for each person. Mine was to hide in his boat and shed some light on our actions. I ask Allah to make me a shahied (iA) to allow me to return to him and be among all the righteous people in the highest levels of heaven. He who Allah guides no one can misguide. A" -- then there's a hole -- "bar!" Did I read that correctly?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Can we go back to 826?
MR. CHAKRAVARTY: Does that accurately reflect what's here?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Go to 827, please.
MR. CHAKRAVARTY: Is this the part of the boat that separated the first portion of the writing with this portion?
TODD BROWN: Yes.
MR. CHAKRAVARTY: And is this similar to the first portion of the writing that there's some blood stains as well as some holes throughout the note?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Go to Exhibit 830, Page 2.
MR. CHAKRAVARTY: I'm going to read this transcription and ask if I read it correctly. "I bear witness that there is no God but Allah and that Muhammad is his messenger." Then there's a hole. "R actions came with" -- another hole -- "a" -- another hole -- "ssage and that is" -- hole -- "ha illalah. The U.S. Government is killing our innocent civilians but most of you already know that. As a M" -- and then a hole -- "I can't stand to see such evil go unpunished. We Muslims are one body, you hurt one, you hurt us all, well at least that's how Muhammad (pbuh) wanted it to be" -- hole -- "ever. The ummah is beginning to rise/awa," and then there's a hole. Did I correctly read that portion?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Can we go to 828, please?
MR. CHAKRAVARTY: In 828, does the first two lines that we just read appear on Exhibit 828, so this is a continuation of the same portion of writing?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Can we go to 830, Page 3, please?
MR. CHAKRAVARTY: And shaded out are the two lines we just read?
TODD BROWN: Correct.
MR. CHAKRAVARTY: "...has awoken the mujahideen, know you are fighting men who look into the barrel of your gun and see heaven, now how can you compete with that. We are promised victory and we will surely get it. Now I don't like killing innocent people it is forbidden in Islam but due to said" -- hole -- "it is allowed. All credit goes" -- then there's big hole. Did I read that correctly?
TODD BROWN: Yes.
MR. CHAKRAVARTY: After you cleared the boat, what did you do with this information that you had learned from the -- reading the inside of the hull?
TODD BROWN: I immediately told an FBI agent.
MR. CHAKRAVARTY: What were you and the remainder of the EOD teams doing after you exited the boat?
TODD BROWN: We continued to clear the backyard and surrounding areas.
MR. CHAKRAVARTY: Was that scene secured?
TODD BROWN: Yes.
MR. CHAKRAVARTY: And then did the FBI ultimately come over and process that scene?
TODD BROWN: Yes.
MR. CHAKRAVARTY: Thank you.
CROSS-EXAMINATION BY MR. BRUCK:
MR. BRUCK: Good morning, Officer Brown.
TODD BROWN: Good morning.
MR. BRUCK: Just have a few questions to ask you, please. Did I understand you to say that you arrived after the individual, Mr. Tsarnaev, had been removed from the boat?
TODD BROWN: I arrived in the backyard after he was removed. I was on Franklin Street before that.
MR. BRUCK: Okay. You did not see him emerge from the boat?
TODD BROWN: No.
MR. BRUCK: All right. And I think you said you went to the boat about 15 minutes after he was removed or after he got out of the boat?
TODD BROWN: About that.
MR. BRUCK: Give or take?
TODD BROWN: Yes.
MR. BRUCK: All right. The bullet holes that you described that went through the writing, I know you're not, as Mr. Chakravarty said, a ballistics expert, but did they appear to you to be bullet holes that went from outside the boat in?
TODD BROWN: Yes.
MR. BRUCK: All right. Did you see any bullet holes that appeared to be going from inside the boat out?
TODD BROWN: No.
MR. BRUCK: And you said that you searched the boat for any dangerous material that might be there?
TODD BROWN: Correct.
MR. BRUCK: You were looking for explosives?
TODD BROWN: Correct.
MR. BRUCK: Bombs?
TODD BROWN: Correct.
MR. BRUCK: And you found nothing?
TODD BROWN: Nothing.
MR. BRUCK: You were also looking for weapons of any other sort?
TODD BROWN: Yes.
MR. BRUCK: Including guns?
TODD BROWN: Yes.
MR. BRUCK: And you found no gun?
TODD BROWN: No.
MR. BRUCK: You found no BB gun?
TODD BROWN: No.
MR. BRUCK: You found no weapon of any sort?
TODD BROWN: No.
MR. BRUCK: Thank you.
MR. CHAKRAVARTY: No further questions.
THE COURT: All right, Officer. Thank you. You may step down.
Mr. Mellin.
MR. MELLIN: The United States calls Jeff Rolands.
COURT CLERK: Sir, want to step up here, please?