4.Alan Mednick — Direct
196 linesALAN MEDNICK, 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 so everyone can hear you.
ALAN MEDNICK: Alan Mednick, M-E-D-N-I-C-K.
DIRECT EXAMINATION BY MR. WEINREB:
MR. WEINREB: Good morning, Mr. Mednick.
ALAN MEDNICK: Good morning.
MR. WEINREB: Where do you work?
ALAN MEDNICK: At Memorial Shell at 820 Memorial Drive in Cambridge.
MR. WEINREB: How long have you worked there?
ALAN MEDNICK: Five years.
MR. WEINREB: What's your job there?
ALAN MEDNICK: I am the owner.
MR. WEINREB: Do you also work in the station?
ALAN MEDNICK: Yes, I do.
MR. WEINREB: What do you do?
ALAN MEDNICK: I -- daily functions: Manage the employees, do the financials. Oversee the whole operation.
MR. WEINREB: You said the address of the station is 822 Memorial Drive in Cambridge?
ALAN MEDNICK: No, it's 820.
MR. WEINREB: 820?
ALAN MEDNICK: Memorial Drive.
MR. WEINREB: Is there a cross-street there?
ALAN MEDNICK: Yes, it's on the corner of Memorial and River Street.
MR. WEINREB: Is there another gas station on that same corner, so to speak, but across the street?
ALAN MEDNICK: Yes, across the street there is a Mobil station.
MR. WEINREB: Can we have Exhibit 742 for the witness, please.
MR. WEINREB: Mr. Mednick, I'm going to show you a series of four photos, and I'm just going to ask you whether they are fair and accurate representations of what is in them. This first one is a map. Is it a fair and accurate representation of that area?
ALAN MEDNICK: Yes, it is.
MR. WEINREB: 743, please.
MR. WEINREB: This is a photograph. Is this fair and accurate?
ALAN MEDNICK: Yes, it is.
MR. WEINREB: 744.
MR. WEINREB: Same thing here?
ALAN MEDNICK: Yes.
MR. WEINREB: And 745.
MR. WEINREB: Also a fair and accurate photograph?
ALAN MEDNICK: Yes.
MR. WEINREB: Your Honor, the government offers 742 to 745.
MS. CLARKE: No objection.
THE COURT: All right.
(Government Exhibit Nos. 742 through 745 received into evidence.)
MR. WEINREB: So if we could have 742, please, for the jury.
BY MR. WEINREB:
MR. WEINREB: So what does this map show?
ALAN MEDNICK: It shows the location of my station if -- in yellow there. It's Memorial Drive, Cambridge Street coming over the river to River Street. And if you're going from that direction, on the left-hand side would be my station, the Memorial Shell.
MR. WEINREB: Could you circle your station just using the pad of your finger?
ALAN MEDNICK: (Witness complies.)
MR. WEINREB: This direction, going in this -- where I've just drawn an arrow, is that the direction to Boston?
ALAN MEDNICK: Yes. Brighton is on the other side of the river there.
MR. WEINREB: Where is the -- and for the record, initially you drew a circle around the gas station that's above River Street as it appears on this map. And then where's the Mobil station that's across the street you mentioned earlier?
ALAN MEDNICK: The mobile would be right here on the other side of River Street.
MR. WEINREB: You drew a circle there near the intersection of River and Memorial Drive?
ALAN MEDNICK: Correct.
MR. WEINREB: Exhibit 743, please.
MR. WEINREB: What's this a picture of?
ALAN MEDNICK: This would be standing by the Mobil station facing my station, the Shell.
MR. WEINREB: Are we looking across River Street?
ALAN MEDNICK: Yes, you are.
MR. WEINREB: The street that runs along the left-hand side of the picture, what street is that?
ALAN MEDNICK: On the left side, that would be Memorial Drive.
MR. WEINREB: Beyond that is the river?
ALAN MEDNICK: Yes, it is.
MR. WEINREB: The Charles River? And then beyond that is Boston?
ALAN MEDNICK: Yes, it is.
MR. WEINREB: 744, please.
MR. WEINREB: Are we -- now what are we looking at?
ALAN MEDNICK: We're on River Street. On the left side is my station, the Shell, on the right side would be the Mobil.
MR. WEINREB: 745, please.
MR. WEINREB: What's this a picture of?
ALAN MEDNICK: This would be from my station, the Shell station, looking towards the Mobil across River Street.
MR. WEINREB: Does your station, the Shell station, have security cameras?
ALAN MEDNICK: Yes, it does.
MR. WEINREB: How many?
ALAN MEDNICK: Sixteen.
MR. WEINREB: What areas do they cover?
ALAN MEDNICK: They cover outside -- most of the property outside, and inside cameras too.
MR. WEINREB: From time to time have you had to look at the video that they take to check it for one thing or another?
ALAN MEDNICK: Absolutely.
MR. WEINREB: Do they take fair and accurate video of what they're pointed at?
ALAN MEDNICK: Yes, absolutely.
MR. WEINREB: Exhibit 746 for the witness, please.
MR. WEINREB: What's this a picture of?
ALAN MEDNICK: That's my station. On the right side is the convenience store, and then you'll see the pumps over there on the left side.
MR. WEINREB: Is this a fair and accurate picture?
ALAN MEDNICK: Yes, it is.
MR. WEINREB: I'd offer 746.
MS. CLARKE: No objection.
THE COURT: Okay.
(Government Exhibit No. 746 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: So you said the convenience. What did you mean by that?
ALAN MEDNICK: It's a convenience store. It's where we sell our products for cigarettes and sodas, beverages and snacks.
MR. WEINREB: Can you circle the entrance to the store?
ALAN MEDNICK: (Witness complies.)
MR. WEINREB: For the record, the witness has circled the pair of double doors underneath the yellow strip that says "Food Mart."
MR. WEINREB: Let me ask you to now take a look at something I'm going to circle. What is that?
ALAN MEDNICK: That's one of my cameras.
MR. WEINREB: What does it point at?
ALAN MEDNICK: That points at the pumps on the island facing Memorial Drive.
MR. WEINREB: So I've circled a camera on the -- near the right-hand border of the screen. I'm going to draw an arrow now. And that points directly at the island. So is that a fair representation of what that camera points at?
ALAN MEDNICK: Absolutely.
MR. WEINREB: If I could have 747 for the witness, please.
BY MR. WEINREB:
MR. WEINREB: What's this -- is this a fair and accurate picture?
ALAN MEDNICK: Yes, it is.
MR. WEINREB: The government offers 747.
MS. CLARKE: No objection.
(Government Exhibit No. 747 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: What is this a picture of, sir?
ALAN MEDNICK: This is a picture of -- from River Street facing my station, the Shell station.
MR. WEINREB: And, again, could you circle the doors to the convenience store?
ALAN MEDNICK: (Witness complies.)
MR. WEINREB: You've again circled the double doors underneath the yellow strip that says "Food Mart." What happened on the night of April 18th, 2013?
ALAN MEDNICK: I was awoken. I received a phone call from my cashier at approximately 12:30. At that time my cashier had mentioned that the police were there, that they would need to talk to me. A police officer had got on the phone and had said that they need me at the gas station immediately. They had asked me where I lived, how long it would take to get down there, and that I need to be down there immediately. At that point I hung up the phone, started getting dressed. And I noticed on my phone -- I have a news app on my phone, and I noticed that it had said an MIT police officer had been shot. At that point I knew the urgency. I got down there as quickly as I can. It took me about 25 to 30 minutes to get down there. When I got down there I noticed the station, the outside, the lights were all off and the station was taped with police tape. I drove up to it, a police officer lifted it up, allowed me in. I got out of the car. Another police officer said to me not to go inside. They don't want me looking at any video until the FBI get there. A little while later, Detective Flynn from the Cambridge police had arrived and had asked me to come in and look at the video right away. We went inside to the office where my video is, I played the video back for him. At that time a state trooper had come in also. I did the same for him. And at that time I -- they had given me flash drives. I put the flash drives in and I made copies for them. At that time Detective Flynn had also asked me if I could print a picture, that they were going to be having a conference soon. I carry a portable color printer in my car with me, and I was able to go to the car and get the printer out and made a copy for them. They had left soon after that, and then a little while later two FBI agents came in and I had done the same for them, played the video back and made a copy on a flash drive for them.
MR. WEINREB: You said in the beginning that you were woken up at 12:30. So that's 12:30 a.m.?
ALAN MEDNICK: Yes, it is.
MR. WEINREB: So technically, it was now April 19th, the following day?
ALAN MEDNICK: Yes, it is.
MR. WEINREB: And when you got down there, about what time was it?
ALAN MEDNICK: It was approximately one o'clock in the morning.
MR. WEINREB: The tape that you made for them, was that a tape of the surveillance video from more than one camera?
ALAN MEDNICK: Yes, it was.
MR. WEINREB: Have you -- at the time that you -- well, let me ask you a different question. Have you recently viewed a version of the surveillance tape that you gave them that combines tape from different cameras?
ALAN MEDNICK: Yes, I have.
MR. WEINREB: Kind of a compilation video. And -- so the answer is yes?
ALAN MEDNICK: Yes, I have.
MR. WEINREB: And that compilation video that you viewed, was that a fair and accurate copy of portions of the tape that you gave to the police that night?
ALAN MEDNICK: Absolutely.
MR. WEINREB: Your Honor, that's Exhibit 748, and the government would offer it now.
MS. CLARKE: May I just have one moment, your Honor?
(Counsel confer off the record.)
MS. CLARKE: Thank you, your Honor. No objection.
THE COURT: No objection? All right.
(Government Exhibit No. 748 received into evidence.)
MR. WEINREB: May I have Exhibit 748, please?
BY MR. WEINREB:
MR. WEINREB: So I'm going to play a portion of this tape at this time.
ALAN MEDNICK: All right.
(Video played.)
MR. WEINREB: So a car has driven up here to the island. Is this the island at your station, the Shell station?
ALAN MEDNICK: Yes, it is.
(Video played.)
MR. WEINREB: Okay. So a figure just got out of the car. Did you see that?
ALAN MEDNICK: Yes.
MR. WEINREB: In what direction is he headed in?
ALAN MEDNICK: Right now he's headed towards the front door of the convenience store.
(Video played.)
MR. WEINREB: Okay. Now we're back outside looking at that same car?
ALAN MEDNICK: Yes.
MR. WEINREB: And does it appear as if someone has just jumped out of the car and is running?
ALAN MEDNICK: Yes.
(Video played.)
MR. WEINREB: Where did he run?
ALAN MEDNICK: Across River Street to the Mobil station.
MR. WEINREB: Now, that person who just crossed the screen, from where did he just come from?
ALAN MEDNICK: The car we previously saw at Pump 5 on Memorial Drive towards the store, at the front doors.
(Video played.)
MR. WEINREB: Now, that black circle, that wasn't in the original video. Is that correct?
ALAN MEDNICK: No, the black circle was not.
MR. WEINREB: Do you know approximately what time of the evening is captured on this video?
ALAN MEDNICK: It was approximately twelve-fifteen, twelve o'clock, somewhere around there. It was midnight, somewhere around there.
MR. WEINREB: Of April 18th?
ALAN MEDNICK: Yes, going into April 18th.
MR. WEINREB: Can we have Exhibit 749 just for the witness, please? And then Exhibit 750.
MR. WEINREB: Do you recognize these two photos?
ALAN MEDNICK: Yes, I do.
MR. WEINREB: What are they?
ALAN MEDNICK: They're the photos that I made for Detective Flynn and -- I'm sorry.
MR. WEINREB: No. No, go on.
ALAN MEDNICK: They were from the video, I was able to make still pictures of the front door of the entrance to the store.
MR. WEINREB: Your Honor, the government offers 749 and 750.
MS. CLARKE: No objection.
THE COURT: All right.
(Government Exhibit 749 and 750 received into evidence.)
MR. WEINREB: Go back to 749, please.
BY MR. WEINREB:
MR. WEINREB: So this shows the two figures at the door?
ALAN MEDNICK: Yes, it does.
MR. WEINREB: And then 750, please.
MR. WEINREB: Thank you, Mr. Mednick. I have no further questions.
ALAN MEDNICK: Thank you.
MS. CLARKE: No questions.
THE COURT: No examination?
All right, sir. Thank you. You may step down.
ALAN MEDNICK: Thank you.
(The witness is excused.)
THE COURT: We'll take the morning recess at this time, ladies and gentlemen.
COURT CLERK: All rise for the Court and the jury. The Court will take the morning recess.
(The Court and jury exit the courtroom and there is a recess in the proceedings at 10:57 a.m.)
COURT CLERK: All rise for the Court.
(The Court enters the courtroom at 11:21 a.m.)
COURT CLERK: Be seated.
MR. WEINREB: Your Honor, can we approach for a brief sidebar?
(Discussion at sidebar and out of the hearing of the jury:)
MR. WEINREB: So we have now begun a presentation of the carjacking, kidnapping and so on, and I think that's going to take us through to the lunch hour. I think the parties are in agreement that if we succeed in doing that, we would like to put off until Monday the beginning of the Watertown case. Again, things are moving so quickly that I don't know if the defense has seen all of the exhibits that are going to be coming in through the witnesses.
THE COURT: All right. Okay. I want to talk more broadly about scheduling after we finish this morning. It will only take a couple of minutes.
MR. WEINREB: Sure.