8.David Sacco — Direct
263 lines(In open court:)
COURT CLERK: All rise for the jury.
(The jury enters the courtroom at 2:09 p.m.)
COURT CLERK: Be seated.
THE COURT: Mr. Mellin?
MR. MELLIN: Thank you, your Honor. The government calls Officer David Saco.
DAVID SACCO, 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.
DAVID SACCO: David Sacco, S-A-C-C-O.
DIRECT EXAMINATION BY MR. MELLIN:
MR. MELLIN: Good afternoon, sir. I'm over here. How are you doing?
DAVID SACCO: Good, sir.
MR. MELLIN: Sir, where are you employed?
DAVID SACCO: MIT police.
MR. MELLIN: And what is your rank?
DAVID SACCO: I'm a police officer, patrolman.
MR. MELLIN: Officer Sacco, what is your duty assignment generally?
DAVID SACCO: Generally I patrol campus and surrounding buildings that are owned and operated by MIT.
MR. MELLIN: Where did you grow up?
DAVID SACCO: I grew up in Medford, Massachusetts.
MR. MELLIN: Where did you are go to high school?
DAVID SACCO: Medford High.
MR. MELLIN: What did you do after high school?
DAVID SACCO: I went to some, like, college courses, but started at MIT as a civilian working in the safety office.
MR. MELLIN: Why were you working in the safety office at that time?
DAVID SACCO: At that time. I have -- my mother works at the safety office. I was brought in to help clear up some computers and set up some new computers. And just my duties evolved and they ended up hiring me.
MR. MELLIN: At some point did you also become a special officer for Medford?
DAVID SACCO: Yes. In 1999 I self-sponsored myself to the North Reading Police Academy, and I was hired as a special police officer in Medford.
MR. MELLIN: When you say you self-sponsored, what does that mean?
DAVID SACCO: "Self-sponsored" meaning that I applied and you get yourself sponsored -- you know, the chief of police has to sponsor, and you pay -- and you put yourself through the police academy.
MR. MELLIN: After going through that police academy, did you join the Medford Police Department?
DAVID SACCO: As a special police officer, yes, I did.
MR. MELLIN: How long were you there?
DAVID SACCO: Two years.
MR. MELLIN: At some time did you move over to MIT?
DAVID SACCO: At the same time, around 1999 I was employed by the MIT Police Department as a civilian clerical, payroll and other functions, administrative.
MR. MELLIN: At some point did you become a member of the MIT Police Department?
DAVID SACCO: Yes. In 2002 Chief DiFava came, he hired me at the rank of patrolman.
MR. MELLIN: And since 2002 have you been at the MIT Police Department?
DAVID SACCO: Yes, sir.
MR. MELLIN: On a typical day how many officers are assigned to MIT?
DAVID SACCO: On a typical day two shifts are on, two groups. It can be anywhere from eight patrolmen to one dispatcher.
MR. MELLIN: So typically one person at the desk and then seven or eight people out on the street?
DAVID SACCO: Yes.
MR. MELLIN: Let me take you back to 2013, April 15th of 2013. Do you remember what you were doing that day?
DAVID SACCO: I was on a day off, most of the day running errands with my wife. My son was on a class trip, April vacation, in New York City. So we spent the day getting things done.
MR. MELLIN: At some point did you become aware of the explosions on Boylston Street?
DAVID SACCO: Yes. We were having dinner at a restaurant and then the alert came up on the phone of what was going on.
MR. MELLIN: Did you have to report to MIT at that point?
DAVID SACCO: No.
MR. MELLIN: Do you remember what you did -- or when was the next day that you reported for duty?
DAVID SACCO: The next day I reported for duty was the 18th. I was on days off.
MR. MELLIN: So on April the 18th, what did you do?
DAVID SACCO: When I arrived, I was informed by my supervisor that I was on the desk tonight, which is dispatching.
MR. MELLIN: And what shift were you working that night?
DAVID SACCO: Three to eleven.
MR. MELLIN: Approximately what time do you arrive for work if you're on the three-to-eleven shift?
DAVID SACCO: Your shift starts at 3:15, you arrive at 2:30.
MR. MELLIN: At some point is there a meeting with the shift before the shift is actually deployed?
DAVID SACCO: Yes. The 3:15 roll call is presented -- the dispatcher reports to the desk.
MR. MELLIN: And at the roll call, was there any discussion about what had been going on in and around Boylston Street since April 15th?
DAVID SACCO: Since I was at the desk, I didn't attend the roll call.
MR. MELLIN: What did you think about being at the desk that day?
DAVID SACCO: I anticipated phone calls from the public, questions.
MR. MELLIN: At some point did you see a press conference that was on television?
DAVID SACCO: Yes. In our dispatch area we do have a TV on. And the news was on, I would say five o'clock. I did view it, as the public did, the press conference of the FBI that showed what they presented.
MR. MELLIN: What do you remember them presenting at that point in time?
DAVID SACCO: I remember them presenting a billboard with various pictures of persons of interest, and I was just watching and --
MR. MELLIN: At that point did you recognize either of the two people or the two suspects?
DAVID SACCO: No, sir.
MR. MELLIN: Now, when you're at dispatch, what exactly are you doing?
DAVID SACCO: At dispatch you're servicing calls for service, monitoring alarm systems, monitoring nearby -- other agencies.
MR. MELLIN: Are you monitoring 9-1-1 calls?
DAVID SACCO: Yes, sir.
MR. MELLIN: And so if a 9-1-1 call comes in, what do you do?
DAVID SACCO: If a 9-1-1 call comes in, I ascertain what the situation is and promptly dispatch the units that need to respond.
MR. MELLIN: Do you know an officer by the name of Sean Collier?
DAVID SACCO: Yes, sir.
MR. MELLIN: How did you know Sean?
DAVID SACCO: I knew Sean -- Sean worked the same shift, three to eleven. I worked with him for a year when he was hired. Also, you know, from working in a group, I got to know him really well.
MR. MELLIN: Was he working on April the 18th?
DAVID SACCO: Yes.
MR. MELLIN: Do you know what he was doing that night?
DAVID SACCO: I believe his assignment was Sector 1-2 and he was assigned Cruiser 285.
MR. MELLIN: What is Sector 1-2?
DAVID SACCO: Sector 1-2 encompasses -- each sector is a group of buildings geographically from the east to the west campus. Sector 1-2 is combined from the east -- two sections of the east campus that are a walking route.
MR. MELLIN: Had you been in communications with Officer Collier that night?
DAVID SACCO: Via the radio, yes, and personally through texts.
MR. MELLIN: Anything come up over the texts or email or anything like that?
DAVID SACCO: We were texting back and forth. There was a motor vehicle that we towed and there was confusion who towed it. And I was just calling and asking him about -- the person wasn't too happy about her car being towed.
MR. MELLIN: She was not happy about it?
DAVID SACCO: No.
MR. MELLIN: At about 10:20 that night did you get a call about loud sounds outside?
DAVID SACCO: Yes, sir, I did.
MR. MELLIN: Tell us what you remember about that.
DAVID SACCO: I remember I received a call and the reporting party stated to me that he heard what he believed to be, but he wasn't sure, gunshots. But he believed it to be more like loud banging, like somebody banging on the drum. And I asked him, I said, "Banging on a drum?" And he said, "Yeah, it sounds -- it startled us. We immediately hit the floor." I could hear people in the background from him calling. And when they came up they said, "We look out the window but we see one of your police cars out there." So I said, "Okay. We'll respond."
MR. MELLIN: Before coming here today, have you and I had a chance to listen to that call? Or have you had a chance to listen to that call? Let me rephrase that.
DAVID SACCO: About a month -- maybe over a month ago.
MR. MELLIN: And was that a fair and accurate recording of that call?
DAVID SACCO: Yes.
MR. MELLIN: Your Honor, I would move in Exhibit 679, which is the 9-1-1 call, and ask to play it.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 679 received into evidence.)
(Audio recording played.)
BY MR. MELLIN:
MR. MELLIN: Is that the 9-1-1 call that you received?
DAVID SACCO: Yes, sir.
MR. MELLIN: Okay. During that discussion there's some mention of the Koch Institute?
DAVID SACCO: Yes.
MR. MELLIN: Do you remember that? After having been at MIT for at least 11 years up to that point, if not more, working as a safety officer, did you know where the Koch Institute was located?
DAVID SACCO: Yes, it's a fairly new building within the last five years. But, yes, I know exactly where that is.
MR. MELLIN: So based on that call, what did you do?
DAVID SACCO: Based on that call -- that's why I asked whether it was the Stata or Main Street side -- I dispatched Sector 1-2 because that's the geographical section that he would cover. And assuming that maybe he was the one that was in the area, so I dispatched -- called over the radio for Sector 1-2 to respond to suspicious noises or loud noises within that area.
MR. MELLIN: And when you say "Sector 1-2," who was that?
DAVID SACCO: Officer Collier.
MR. MELLIN: Did you hear back from Officer Collier after you put out the dispatch?
DAVID SACCO: No, I did not.
MR. MELLIN: What did you do after that?
DAVID SACCO: After that I tried again. We didn't get any response. Other units on the air -- I personally tried calling his cell phone because we were texting -- you know, probably my last text with him was a half an hour before that. I texted him, you know, trying to return a radio, it was not uncommon, or didn't get back. I assume other people were calling him at the same time. It became an amount of time that wasn't comfortable. Sergeant Henniger stated that he saw him last. He drove by on Main Street and saw him sitting there and he would go back. And he went back to see.
MR. MELLIN: When Sergeant Henniger went back, did you receive a radio transmission about Officer Collier?
DAVID SACCO: When Sergeant Henniger went back, he -- his radio transmission was very -- he says, you know, "Get me help here. Officer down. Get me help here."
MR. MELLIN: Have you heard that radio transmission and is it a fair and accurate -- what you heard a fair and accurate copy of that transmission?
DAVID SACCO: Yes, sir.
MR. MELLIN: Your Honor, I'd move into evidence Exhibit 686.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 686 received into evidence.)
MR. MELLIN: And if I may play 686.
(Audio recording played.)
BY MR. MELLIN:
MR. MELLIN: Officer Sacco, as you listen to that transmission, the first part of that, is that when you asked either having Sector 1-2 to respond or have other people check it out?
DAVID SACCO: Yes.
MR. MELLIN: And the last voice you hear in that radio transmission, who is that that responded talking about officer down?
DAVID SACCO: Sergeant Henniger.
MR. MELLIN: When you heard that transmission, what did you do?
DAVID SACCO: I heard that transmission, I -- it startled me. I knew -- it kind of threw me off a little bit, but my first phone call was to Pro Ambulance to let them know the location, get the ambulance going, and started to notify other agencies. We had a supervisor in the house that started helping to notify.
MR. MELLIN: Do you know where Pro Ambulance is located?
DAVID SACCO: They're in Cambridge.
MR. MELLIN: Do you know about how long it took them to respond?
DAVID SACCO: No, I don't.
MR. MELLIN: Given that you were in the dispatch, what did you do at that point?
DAVID SACCO: At that point I was getting inundated with phone calls, a lot of phone calls. I was receiving a lot of phone calls for assistance and I wasn't denying anybody. A lot of phone calls. The chief had called. I briefed him on the situation, what had happened. He gave me the directions of what he would like to do. At that point in the time frame some of the midnight shift was coming in for their shift. I let them know what happened and they started assisting me with phone calls.
MR. MELLIN: At some point did you consider the location and where you thought security cameras might be?
DAVID SACCO: In knowing the area, I didn't know exactly where the cameras would be, but I assumed definitely there would be cameras in that area.
MR. MELLIN: So did you do something along those lines?
DAVID SACCO: The overnight, 12 to 7 a.m. dispatcher came in and he took over the desk. And I was in the main foyer area of the station. I observed Matt Isgur come in, and I'm assuming somebody higher ranking called him in because he controls the cameras. And he had his laptop. And I asked him, I said, "Matt, what do we have for cameras?" and I gave him the location. He said, "There's one on 54." So we sat there in the lobby, he pulled the laptop out, and I gave him the time frame and he was able to put the time frame in, and we observed the motion of that around the time.
MR. MELLIN: What were you able to see?
DAVID SACCO: We see on the Stata side, and then this is the Main Street side -- I'm sorry. The left side to right side -- two persons walk from the Main Street side, walking along the Koch Institute, they walk to the back of the cruiser. They're there for some time. And then the two figures walk back -- follow the same route and go back to Main Street.
MR. MELLIN: If I could have you look at Exhibit 680.
MR. MELLIN: Just the witness for now.
THE COURT: We're getting an artifact on this. Is it the computer or is it the system?
PAUL BRUEMMER: It's the system, your Honor.
THE COURT: I thought it was the computer. Sorry. I would have done it earlier.
BY MR. MELLIN:
MR. MELLIN: Officer Sacco, do you see Exhibit 680 in front of you up on the screen?
DAVID SACCO: Yes, I do.
MR. MELLIN: Do you recognize that photo?
DAVID SACCO: Yes, that is North Court. To the right of the photo is the Koch Biology Building, the front building is the Koch Institute, to the left of that is the Stata Center.
MR. MELLIN: Is that a fair and accurate photograph of how that looked back in April of 2013?
DAVID SACCO: Yes, sir.
MR. MELLIN: Your Honor, at this time we would move in Exhibit 680.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 680 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Officer Sacco, the screen in front of you is interactive. If you touch it, you'll be able to move around. If you could just indicate for the ladies and gentlemen, you said that two individuals walked across and they walk up to the car, the cruiser. Is that right?
DAVID SACCO: Yes.
MR. MELLIN: Can you just indicate on this diagram the path that they walked?
DAVID SACCO: The Main Street side is here, the path followed along the building to here, which Officer Collier's cruiser was parked here, and they were there for a duration of time (indicating).
MR. MELLIN: And just for the record, what you just drew is -- you started with an arrow on the right, between the two buildings on the right, and the path goes in front of the building that's in the top middle of the photograph. Is that right?
DAVID SACCO: Yes.
MR. MELLIN: And then you put an X where Officer Collier's cruiser was, and that's on the path that's on the left of the building that's in the middle of the photograph?
DAVID SACCO: Yes. That's when -- when I viewed the video, that's where I spot where his cruiser is. That's the only vehicle that's there.
MR. MELLIN: And as you look at this photograph, is this photograph essentially the same view that the security or the surveillance camera had of that scene?
DAVID SACCO: Yes.
MR. MELLIN: Where is this location as you look at it?
DAVID SACCO: This is the top of Building 54, which is our atmospheric science building. It's about 22 to 24 stories high.
MR. MELLIN: Let me just clear this. If you could, just for the ladies and gentlemen of the jury, where is the Koch Institute?
DAVID SACCO: The Koch Institute?
MR. MELLIN: Yes.
DAVID SACCO: Right here.
MR. MELLIN: Okay. And so that's the large building in the middle top of this photograph?
DAVID SACCO: Yes.
MR. MELLIN: Okay. And then what is the building to the left on the edge?
DAVID SACCO: This one here?
MR. MELLIN: Yes.
DAVID SACCO: This is the Stata Center, it's called. And that would be the Gates side. It's divided into two sides, Dreyfoos, Gates. That's the Gates side.
MR. MELLIN: For the record, you indicated the building on the left in the photograph, correct?
DAVID SACCO: Yes.
MR. MELLIN: If I could have you also --
MR. MELLIN: And just the witness.
MR. MELLIN: -- look at Exhibit 681. Do you recognize Exhibit 681?
DAVID SACCO: Yes.
MR. MELLIN: What is that?
DAVID SACCO: That is now the zoomed-in version of the Koch Institute and Stata Center still in view but more towards Vassar Street. There's a visual in there.
MR. MELLIN: And is that a fair and accurate photograph of how that appeared back in April of 2013?
DAVID SACCO: Yes, sir, it is.
MR. MELLIN: Your Honor, we would move in Exhibit 682.
THE COURT: I think you said '1.
MR. WATKINS: No objection.
MR. MELLIN: Or 681. I apologize. 681.
MR. WATKINS: Still no objection.
MR. MELLIN: And ask to publish it.
THE COURT: Okay.
(Government Exhibit No. 681 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: As you look at Exhibit 681, Officer Sacco, can you again indicate where Officer Collier's car was in this photograph?
DAVID SACCO: Yes, sir.
MR. MELLIN: And again for the record, on 681 you're indicating it's on the sidewalk to the left of the Koch Institute?
DAVID SACCO: Yes, sir.
MR. MELLIN: Thank you. Now if I could have you look at Exhibit 682. Do you recognize Exhibit 682?
DAVID SACCO: Yes. That's an overview of the North Court area, and there is a view of the McDermott Court area as well.
MR. MELLIN: All right. And is that a fair and accurate diagram of that area?
DAVID SACCO: Yes, sir.
MR. MELLIN: All right.
MR. MELLIN: Your Honor, I would move in Exhibit 682. I think counsel has already waived his objection to it.
THE COURT: Okay.
(Government Exhibit No. 682 received into evidence.)
MR. MELLIN: If I may publish it, your Honor.
BY MR. MELLIN:
MR. MELLIN: Officer Sacco, as you look at this, what do you see in this diagram?
DAVID SACCO: The top red building is the Koch Institute.
MR. MELLIN: If you could just do me a favor and just touch the building.
DAVID SACCO: Yes. Koch Institute, Koch Biology Building, Stata Center, alumni pool. And this area here is what we consider North Court.
MR. MELLIN: And the security camera that we're talking about, does the building that it's on top of appear in this diagram?
DAVID SACCO: The security camera will be on this building here.
MR. MELLIN: And for the record, you just picked -- what building is that?
DAVID SACCO: 54.
MR. MELLIN: Building 54. And that's the building at the bottom of this diagram in the middle?
DAVID SACCO: Yes.
MR. MELLIN: And then finally, if I could have you look at Exhibit 685. Do you recognize Exhibit 685?
DAVID SACCO: Yes. That's a more -- closer view, and the Koch Institute would be here and Vassar Street would run along here. So the tip of Stata and where Officer Collier's cruiser was parked.
MR. MELLIN: Is that a fair and accurate close-up diagram of that area?
DAVID SACCO: Yes, sir.
MR. MELLIN: Your Honor, I would move in Exhibit 685 and ask to publish it.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 685 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: And, Officer Sacco, you just touched a couple of the buildings. If you could, for the ladies and gentlemen, look at this diagram. Where was the Koch Institute again?
DAVID SACCO: The Koch Institute is here, sir.
MR. MELLIN: All right. And that's on the right in this diagram?
DAVID SACCO: Yes.
MR. MELLIN: And then where is the Gates entrance?
DAVID SACCO: The Gates entrance of Stata is on the left, sir.
MR. MELLIN: Thank you. And then finally, there is a police cruiser in this diagram. Is that right?
DAVID SACCO: Yes.
MR. MELLIN: And is that where Officer Collier's car was?
DAVID SACCO: Yes.
MR. MELLIN: Thank you. After you saw the video that we talked about, what did you do?
DAVID SACCO: After spending the time with Matt Isgur, we viewed the video. I told him, "I need to bring you down to the scene to let the command post see the video." We took my personal vehicle down Vassar Street. I parked as close as I could and I walked him to the command post.
MR. MELLIN: Where was the command post set up?
DAVID SACCO: Command post is in that diagram. The tip of Stata, there was a large cafeteria area there, and the state police and other agencies set up their command post in there.
MR. MELLIN: At some point did you learn that Officer Collier died?
DAVID SACCO: I learned that before I'd left the station.
MR. MELLIN: And approximately what time did you leave the station that night?
DAVID SACCO: At this point I want to say it is 11:15, closer to 11:30.
MR. MELLIN: Thank you. Thank you, your Honor.
MR. WATKINS: Nothing, your Honor. Thank you.
THE COURT: No exams? All right, Officer. Thank you. You may step down.
(The witness is excused.)
MR. WEINREB: The United States calls Sergeant Clarence Henniger.