7.John DiFava — Direct
168 linesJOHN DiFAVA, duly sworn.
COURT CLERK: State your name, spell your last name for the record, keep your voice up and speak into the mic.
JOHN DIFAVA: Sure. My name is John DiFava, first name common spelling, second -- last name D-i-F-A, V as in "Victor," A.
DIRECT EXAMINATION BY MS. PELLEGRINI:
MS. PELLEGRINI: Good afternoon, Chief DiFava.
JOHN DIFAVA: Good afternoon.
MS. PELLEGRINI: Will you tell the jury how you are currently employed?
JOHN DIFAVA: I'm employed by the Massachusetts Institute of Technology as the chief of the MIT Police Department.
MS. PELLEGRINI: And how long have you held that position?
JOHN DIFAVA: I'm in my 14th year.
MS. PELLEGRINI: Prior to joining the MIT Police Department force, can you tell the jury what your professional and educational background is?
JOHN DIFAVA: Yes, ma'am. I spent 28 years on the Massachusetts State Police. I held every rank on the department, and I retired in 2002 as a colonel and superintendent. I have a bachelor's degree in sociology from Long Island University and a master's in education from Boston University.
MS. PELLEGRINI: And when you joined MIT, you joined as the chief?
JOHN DIFAVA: That's correct.
MS. PELLEGRINI: All right. And can you tell the jury what your duties are?
JOHN DIFAVA: My duties are administrative -- chief administrating officer of a department of 62 individuals -- those are 62 sworn officers -- and three civilian support staff. I'm responsible for the policing and the security and the public safety of the campus.
MS. PELLEGRINI: So, Chief DiFava, can you explain to the jury what is the scope of the authority of the MIT Police Department?
JOHN DIFAVA: Yes, ma'am. Under Massachusetts General Laws, Chapter 22C, Section 63, we are appointed as special State Police officers under the authority of the colonel of the Massachusetts State Police, and we have police jurisdiction in areas owned, operated, leased or rented by the respective university.
MS. PELLEGRINI: So does that include, for example, the ability to make an arrest?
JOHN DIFAVA: That's correct.
MS. PELLEGRINI: Does it include the ability to execute search warrants?
JOHN DIFAVA: That's correct.
MS. PELLEGRINI: What else? What have I missed?
JOHN DIFAVA: We have the exact same jurisdictional authority for the -- for example, the Cambridge police or the Boston police or the State Police.
MS. PELLEGRINI: And what is the relationship between the MIT Police Department and, say, the Cambridge Police Department?
JOHN DIFAVA: We have a superb working relationship with the City of Cambridge; in fact, we train with them, we do our recurrent in-service training with them, we send our officers to the Cambridge Police Academy.
MS. PELLEGRINI: Do all of the officers go to the Cambridge Police Academy?
JOHN DIFAVA: Not all of them. We have some officers that have been trained by the State Police, by the Transit Authority, but my practice has been for the last 13 years that any new officers that require police training, we send them to the Cambridge academy.
MS. PELLEGRINI: Now, you indicated that there are 62 officers?
JOHN DIFAVA: From myself down to the junior officer; that's correct.
MS. PELLEGRINI: And what are the different ranks that are held within that department?
JOHN DIFAVA: We have a patrol officer; we have sergeant, captain, deputy chief, chief; and then we have detectives as well.
MS. PELLEGRINI: With respect to the equipment, what type of equipment do the officers receive from the department?
JOHN DIFAVA: All of our equipment is issued by the institute; the officers purchase nothing on their own. We have a traditional French and electric blue color uniform, police uniform, summer wear, winter wear. We also carry issued firearms, baton and pepper spray.
MS. PELLEGRINI: And with respect to the vehicles?
JOHN DIFAVA: The vehicles were the traditional Ford Victorias; now we're transitioning over to an SUV type of vehicle.
MS. PELLEGRINI: And are they marked in any way?
JOHN DIFAVA: They are marked. They are black and white, clearly marked, with "Massachusetts Institute of Technology Police Department."
MS. PELLEGRINI: So just generally for the jury, can you explain what the typical duties of an officer on your force would do?
JOHN DIFAVA: We divide up the campus into sectors. We have three shifts: There's a three to eleven -- 3P to 11; 11P to 7 a.m.; and then 7A to 3 p.m. We'll have roll call; officers will be assigned different sectors. And they'll do the patrolling either by motor vehicle, by bicycle, by motorcycle or foot patrol. We also -- if we have enough officers working, we will utilize plainclothes as well.
MS. PELLEGRINI: Now, with respect to Officer Sean Collier, were you the police chief when Officer Collier was hired?
JOHN DIFAVA: I was.
MS. PELLEGRINI: Are you familiar with the path that he took in order to become a member of the MIT Police Department?
JOHN DIFAVA: I am.
MS. PELLEGRINI: What was that?
JOHN DIFAVA: Officer Collier was a civilian member of the Somerville Police Department. I believe he worked in records. Sean was what is known as a self-sponsored attendee to a police academy. What that means is that Sean had the Somerville police sponsor him to the Transit Authority Academy. That's the academy that Somerville utilized at that time. He paid his own way through the academy. He had no guarantee of employment. When he graduated, it gave him a leg up for departments that were not civil service.
MS. PELLEGRINI: And when did he join the MIT Police Department specifically, if you recall?
JOHN DIFAVA: I believe it was around January of 2012.
MS. PELLEGRINI: All right.
MS. PELLEGRINI: May I have Exhibit, first, 676, for counsel and the witness only at this point.
MS. PELLEGRINI: Chief DiFava, on the monitor in front of you is an image. And do you recognize the person in that image?
JOHN DIFAVA: I do.
MS. PELLEGRINI: And who is that?
JOHN DIFAVA: That is Officer Sean Collier.
MS. PELLEGRINI: And what is he wearing at this time?
JOHN DIFAVA: He's wearing the MIT patrol officer's uniform.
MS. PELLEGRINI: May I also have Exhibit 678 for the witness and counsel at this time.
MS. PELLEGRINI: And do you recognize who appears in the exhibit marked for identification as 678?
JOHN DIFAVA: I do.
MS. PELLEGRINI: And who is that?
JOHN DIFAVA: And that's Officer Sean Collier in civilian attire.
MS. PELLEGRINI: Your Honor, the government would offer 676 and 678 at this time, and may it be published to the jury.
MR. BRUCK: No objection.
THE COURT: Okay.
(Government Exhibit Nos. 676 and 678 received into evidence.)
MS. PELLEGRINI: Can we go back, please, Mr. Bruemmer, to 676.
BY MS. PELLEGRINI:
MS. PELLEGRINI: Chief DiFava, when you described the uniform, you said a particular color about the shirt. Tell us about that.
JOHN DIFAVA: The uniform of the MIT Police Department is very similar to that worn by the Massachusetts State Police in terms of color. It's a light blue shirt and dark blue trousers.
MS. PELLEGRINI: And is there also a hat when he's not in this particular pose?
JOHN DIFAVA: There is. It's a traditional police headgear, visor. We also allow them to wear baseball hats, under certain circumstances, and they also have a winter hat which is a trooper's hat with the earmuffs all around.
MS. PELLEGRINI: Do you actually -- do you recognize this particular photo, what this is used for, the photo at 676?
JOHN DIFAVA: I believe that was his photograph taken when he enlisted for his ID.
MS. PELLEGRINI: May I have 678, please.
MS. PELLEGRINI: And for 678, you indicated that he's in civilian attire?
JOHN DIFAVA: That's correct.
MS. PELLEGRINI: And do you happen to know where this photo was taken, by any chance?
JOHN DIFAVA: I believe that was taken in the City of Somerville.
MS. PELLEGRINI: Chief DiFava, I would like to ask you a couple of questions about the weapon and the holster that is issued to the members of your department. I take it you are familiar with those -- both of those?
JOHN DIFAVA: I am.
MS. PELLEGRINI: Is everyone issued the same type of weapon?
JOHN DIFAVA: Yes, they are.
MS. PELLEGRINI: And what type of weapon is that?
JOHN DIFAVA: The weapon is a Smith & Wesson military and police semiautomatic pistol. It's chambered for .45 ACP, .45 automatic Colt's pistol caliber.
MS. PELLEGRINI: And was Officer Collier issued one of these weapons?
JOHN DIFAVA: He was.
MS. PELLEGRINI: And with respect to how the weapon is carried by the officer, is there a particular type of holster that is issued to the officer of your department?
JOHN DIFAVA: They are.
MS. PELLEGRINI: Are you familiar with that?
JOHN DIFAVA: I am.
MS. PELLEGRINI: Can you describe that for us?
JOHN DIFAVA: Yes. It's manufactured by a company called Safariland. They're a very large police supply organization. The particular holster that Sean was issued, as well as all members of the department, is the Safariland medium-level Triple-Threat holster.
MS. PELLEGRINI: All right.
MS. PELLEGRINI: May I approach, your Honor?
THE COURT: You may.
BY MS. PELLEGRINI:
MS. PELLEGRINI: Chief DiFava, I've put in front of you an envelope containing what has been marked for identification as Government's Exhibit 691. Have you had occasion to look at that item containing that bag before coming to court today?
JOHN DIFAVA: I did.
MS. PELLEGRINI: And what type of item is in there?
JOHN DIFAVA: Contained inside is a holster containing a safety pistol, a training pistol, color blue.
MS. PELLEGRINI: And do you recognize this type of holster?
JOHN DIFAVA: It looks very much like the Safariland medium-level triple-retention holster that we carry.
MS. PELLEGRINI: All right. And I'd ask you to take it -- remove it from the bag at this time.
JOHN DIFAVA: (Witness complies.)
MS. PELLEGRINI: Chief DiFava, with respect to the blue weapon that appears in there, is that a real weapon?
JOHN DIFAVA: It is not. It's a resin weapon. There's nothing operable. This will not fire.
MS. PELLEGRINI: Thank you. With respect to the holster, when you described the tier section, can you, using that item, describe what you're talking about to the jury?
JOHN DIFAVA: Certainly. When we say it's a "triple retention," it provides three levels of protection for the officer wearing this particular piece of equipment. Handgun retention is extremely important in police work. The first protection is from the front. This device here is called a "hood." This will prevent someone from reaching in front of you and being able to remove the weapon forward. The second is there is a switch at the side that you would push down to put the hood in the forward position. That's your second protection. And then your third is another device where you would push that down with your thumb and you would be able to remove this weapon. My finger is not on the trigger even though it's not real. So it is triple -- again, triple retention, and it provides a level of safety for the officer so the weapon cannot be removed from the holster by someone other than himself or herself.
MS. PELLEGRINI: And with respect to the ability to remove the weapon and the holster, is the holster fitted to the particular officer?
JOHN DIFAVA: Well, it's only fitted in terms of right-handed or left-handed, but it's a standard-issue piece of equipment.
MS. PELLEGRINI: So based upon your experience and training, if an officer is wearing that holster and they're seated, how difficult is it for someone to remove that weapon from that holster?
JOHN DIFAVA: It would be very difficult.
MS. PELLEGRINI: Why?
JOHN DIFAVA: Well, part of going to a holster like this is it goes hand in glove with the training of the weapon. We converted from a Sig Sauer semiautomatic pistol and .40 caliber to the Smith & Wesson, which required a holster change because it's not all universal. So most -- these decisions are at my end, but I consult with the staff and with the equipment officer and the training staff, and we decided that it was time to up the level of protection for the officer by going to a more secure retention holster, and this is the one we chose.
MS. PELLEGRINI: Thank you. Chief DiFava, I would like to ask you now and direct your attention to April the 18th of 2013.
JOHN DIFAVA: Yes, ma'am.
MS. PELLEGRINI: Did you serve on duty that day?
JOHN DIFAVA: I worked that day. Yes, ma'am.
MS. PELLEGRINI: All right. And did you see Officer Sean Collier that day?
JOHN DIFAVA: I did.
MS. PELLEGRINI: When did you last see him?
JOHN DIFAVA: I was leaving campus approximately 9:35 p.m. I parked my vehicle in the Stata parking garage, in the bottom level. I just have a force of habit of parking at the same place every day. And as I was exiting the garage at the rear leading to Vassar Street, I observed a marked MIT police unit pulled over to the side. As is always my habit when I see one of the officers, I always make it a point, whether I'm driving or walking, to go over and say hello. This was no exception. I pulled up to the vehicle, I rolled down the window on the passenger side of my vehicle. His window was already down. And it was, in fact, Sean Collier. I chatted with him for a few minutes. I told him to be safe and I left.
MS. PELLEGRINI: Now, you said he was in a marked vehicle?
JOHN DIFAVA: He was in a marked vehicle.
MS. PELLEGRINI: Was he in uniform?
JOHN DIFAVA: He was in uniform.
MS. PELLEGRINI: And if he is in a marked vehicle and in uniform, does he also have his weapon with him?
JOHN DIFAVA: That's correct.
MS. PELLEGRINI: And how long did this conversation take place?
JOHN DIFAVA: Probably three or four minutes.
MS. PELLEGRINI: And then you left that area?
JOHN DIFAVA: Then I did, yes.
MS. PELLEGRINI: Did you ever see Sean Collier alive again after that?
JOHN DIFAVA: I did not.
MS. PELLEGRINI: I have no further questions for Chief DiFava.
MR. BRUCK: Thank you, Chief DiFava. We have no questions for you.
THE COURT: All right, Chief. Thank you. You may step down.
(The witness is excused.)
THE COURT: You'll collect the exhibit, Ms. Pellegrini?
MS. PELLEGRINI: Yes.
MR. MELLIN: Your Honor, do you want a new witness or lunch break?
THE COURT: I think maybe we'll break at this point. We're straddling the -- so we'll take the lunch recess a little bit early. We'll resume at two o'clock.
COURT CLERK: All rise for the Court and the jury. The Court will take the lunch recess.
(The Court and jury exit the courtroom and there is a recess in the proceedings at 12:49 p.m.)
COURT CLERK: All rise for the Court.
(The Court enters the courtroom at 2:06 p.m.)
COURT CLERK: Be seated.
MR. WEINREB: Your Honor, can we have a quick sidebar?
THE COURT: All right.
(Discussion at sidebar and out of the hearing of the jury:)
MR. WEINREB: So the time in which we would be offering the boat note into evidence is approaching so rapidly that the ship may have sailed, to use a metaphor, on us to be able to cut it out and use it. And --
THE COURT: Can we talk about that at the end of the day?
MR. WEINREB: Yeah. Yes. Sure.
THE COURT: Okay.
MR. MELLIN: Your Honor, can we --
MS. CLARKE: There is something --
MR. MELLIN: So here are the copies that I made for the jury, which is a copy of Exhibit 727, 728 and 729.
THE COURT: Okay. Is this through the ME?
MR. MELLIN: Correct.
MR. WATKINS: Who we may get to by the end of the day. We checked around. It's easy enough to turn these two monitors off. Just turn the power off. We can lay all these screens flat. This way we'd have the advantage of -- the ME is going to be able to use the pointer that is on the screen to be able to point things out to the jury rather than having to describe it.
THE COURT: Okay. I was concerned about the disruption of people running around trying to find buttons.
COURT CLERK: Did you talk to Richard?
MR. WATKINS: We did talk to Richard.
THE COURT: You touched on the thing I didn't address or thought of before, and that is the screens.
MR. WATKINS: Right. Right.
THE COURT: They have to go down because they're easily visible.
MR. WATKINS: And they lay all the way flat down so it's impossibile to see them.
THE COURT: Okay.