6.Andrew Kitzenberg — Direct
192 linesANDREW KITZENBERG, 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.
ANDREW KITZENBERG: Andrew Kitzenberg. That's K-I-T-Z-E-N-B-E-R-G.
DIRECT EXAMINATION BY MR. MELLIN:
MR. MELLIN: Good afternoon, sir. Where did you grow up?
ANDREW KITZENBERG: I grew up in Minneapolis, Minnesota, just outside the city.
MR. MELLIN: At some point did you come to the Boston area?
ANDREW KITZENBERG: Yes; I came here for college.
MR. MELLIN: Okay. And after college, did you stay in this area?
ANDREW KITZENBERG: Yeah, I -- after I graduated, I moved into Watertown.
MR. MELLIN: Okay. When did you move into Watertown?
ANDREW KITZENBERG: In 2010. August of 2010.
MR. MELLIN: What was the address?
ANDREW KITZENBERG: 62 Laurel Street.
MR. MELLIN: How long did you live on Laurel Street?
ANDREW KITZENBERG: About two and a half years.
MR. MELLIN: In April of 2013, were you living on Laurel Street?
ANDREW KITZENBERG: Yes, I was.
MR. MELLIN: And on April the 18th of 2013, what were you doing late in the evening?
ANDREW KITZENBERG: I was up late working and watching a hockey game.
MR. MELLIN: In the early morning hours of April the 19th, did anything happen outside your residence?
ANDREW KITZENBERG: Yes.
MR. MELLIN: What happened?
ANDREW KITZENBERG: There was gunfire and a shootout outside of my apartment.
MR. MELLIN: When you heard the gunfire, what did you do?
ANDREW KITZENBERG: I first ran to the window to see what was happening out on the street, and when I saw an exchange of gunfire, I ran up to my bedroom on the third floor of my apartment, ran onto my bed and right under the window sill, and started taking pictures.
MR. MELLIN: If I could have you look first at Exhibit 775. If you would look at that, Mr. Kitzenberg. If I could zoom in on one little area here, do you recognize what I zoomed in on on Exhibit 775?
ANDREW KITZENBERG: Yes, I do.
MR. MELLIN: And what is that?
ANDREW KITZENBERG: That is Laurel Street and a diagram of cars and my -- the apartment I was living in.
MR. MELLIN: Your Honor, this is already in evidence. If I may have that published.
THE COURT: Do you have it? No? Now?
JUROR: Yup.
THE COURT: Okay.
BY MR. MELLIN:
MR. MELLIN: Mr. Kitzenberg, if you would touch the screen where it was you were living on April 18th and the 19th, 2013.
ANDREW KITZENBERG: (Witness complies.)
MR. MELLIN: And for the record, you circled 60 Laurel Street?
ANDREW KITZENBERG: Yup. 60 and 62 Laurel Street.
MR. MELLIN: You said you went upstairs at some point and began taking photographs. Is that right?
ANDREW KITZENBERG: That's correct.
MR. MELLIN: Now, from the time that you were living on Laurel Street --
MR. MELLIN: If we could actually just go back to Exhibit 775 for a minute, not zoomed in.
MR. MELLIN: And as you look at this exhibit, do you see the streets that are depicted on this map, this diagram?
ANDREW KITZENBERG: Yes, I do.
MR. MELLIN: And what street is running diagonal through Exhibit 775?
ANDREW KITZENBERG: That would be Dexter Avenue.
MR. MELLIN: Okay. And then you have Laurel Street right in front of where you were residing, correct?
ANDREW KITZENBERG: Correct.
MR. MELLIN: And as you look at Laurel Street, if you go to the -- as you're looking at this, if you go to the right down Laurel Street, where does that lead?
ANDREW KITZENBERG: When I look at it going to the right?
MR. MELLIN: Correct.
ANDREW KITZENBERG: There's Cypress Street.
MR. MELLIN: Okay. And then where does Cypress Street lead?
ANDREW KITZENBERG: That leads into a corner, and it's a corner that then turns left and goes north.
MR. MELLIN: So is either Laurel Street or Cypress Street a dead-end at that point?
ANDREW KITZENBERG: Laurel Street becomes a dead-end. Like I said, it turns -- bends left and then goes north.
MR. MELLIN: Okay. Now, when you said you went upstairs to the third floor, what did you see?
ANDREW KITZENBERG: That's where I saw two vehicles outside directly in front of my window and two men standing behind the vehicle, the black SUV. And that was right in front of the apartment. When I first got into the apartment, I also -- when I first got into the third-floor bedroom, I could also see down towards the sidewalk right in front of the apartment and could see the SUV -- the police SUV down on the sidewalk.
MR. MELLIN: Okay. The one that had crashed into the other cars?
ANDREW KITZENBERG: Correct.
MR. MELLIN: Okay. When you -- at some point did you attempt to take a video of what you saw?
ANDREW KITZENBERG: I did. When I first got in front of the window I tried to take a video, and it was too dark to recognize anything, so I started to take pictures.
MR. MELLIN: If I could have you look at Exhibit 1522, which is already in evidence. Mr. Kitzenberg, do you recognize Exhibit 1522?
ANDREW KITZENBERG: Yes, I do.
MR. MELLIN: How do you recognize that?
ANDREW KITZENBERG: This is a photo that I took from my bedroom window.
MR. MELLIN: And you took a number of photos from your bedroom window?
ANDREW KITZENBERG: Yes, I did.
MR. MELLIN: Okay. And as you look at 1522 --
MR. MELLIN: That may be published as well, your Honor.
THE COURT: It's supposed to be. No?
JUROR: Yes.
THE COURT: Okay.
BY MR. MELLIN:
MR. MELLIN: As you look at Exhibit 1522, is that a fair and accurate photo of -- or copy of the photograph that you took?
ANDREW KITZENBERG: Yes, it is.
MR. MELLIN: So as you were looking down at these individuals, what did you see them do?
ANDREW KITZENBERG: I could see gunfire, I could see them crouching behind the car, also going into bags or backpacks at their feet, as well as going into the green sedan that was behind them. The green sedan had its doors open, and I could see them going back to that car and back in front of the SUV.
MR. MELLIN: If I may have you look at Exhibit 1523, please, which is not in evidence yet. Do you recognize Exhibit 1523?
ANDREW KITZENBERG: Yes, I do.
MR. MELLIN: What is that?
ANDREW KITZENBERG: That's another picture I took from my bedroom.
MR. MELLIN: Is that a fair and accurate photograph?
ANDREW KITZENBERG: Yes, it is.
MR. MELLIN: Your Honor, I would move into evidence Exhibit 1523.
THE COURT: Any objection?
MR. WATKINS: No objection.
(Government Exhibit No. 1523 received into evidence.)
MR. MELLIN: Ask to publish it, please.
BY MR. MELLIN:
MR. MELLIN: You said the individuals were crouching down, they were going through a backpack, and then also going to a green sedan. Is that right?
ANDREW KITZENBERG: That's correct.
MR. MELLIN: And do you see that car in this photograph?
ANDREW KITZENBERG: Yes.
MR. MELLIN: And if you could just circle it for the record?
ANDREW KITZENBERG: This is the green sedan (indicating).
MR. MELLIN: Okay. In Exhibit 1523, it's the car on the left. Is that right?
ANDREW KITZENBERG: That's right.
MR. MELLIN: Okay. And what did you see these individuals doing with that car?
ANDREW KITZENBERG: They were going back to that car and grabbing bags out of that car.
MR. MELLIN: Okay. When you say they were going there, were both of them at various times going to that car?
MR. MELLIN: And once they were behind the SUV, what did you see those individuals doing?
ANDREW KITZENBERG: I could see them there -- they dropped the bag at their feet, and I could see them going in and out of that bag, grabbing objects.
MR. MELLIN: Could you tell what the objects were?
ANDREW KITZENBERG: I couldn't. I couldn't make out what the objects were.
MR. MELLIN: Could you see gunfire?
ANDREW KITZENBERG: Yes, I could.
MR. MELLIN: Could you tell if both individuals were shooting or was one shooting or what could you see?
ANDREW KITZENBERG: I couldn't see -- I really couldn't make out who was shooting. I couldn't make out any individuals and didn't know kind of who was doing what, but I could see both of them going into the backpacks and crouching and kind of taking cover behind the SUV.
MR. MELLIN: If I could have you also look at Exhibit 1524, I believe it is.
MR. MELLIN: And just for the witness, your Honor.
MR. MELLIN: Do you recognize Exhibit 1524?
ANDREW KITZENBERG: Yes, I do.
MR. MELLIN: Again, is that one of the photographs you took?
ANDREW KITZENBERG: Yes, it is.
MR. MELLIN: Your Honor, I would move into evidence Exhibit 1524 and ask to publish.
MR. WATKINS: Your Honor, it's actually in as Defendant's 3006, so I don't mind entering it in a second time if the government needs it.
THE COURT: Do you want to enter it in under your own number?
MR. MELLIN: Yes, thank you.
(Government Exhibit No. 1524 received into evidence.)
MR. MELLIN: And again, your Honor, if we may publish that.
BY MR. MELLIN:
MR. MELLIN: And, Mr. Kitzenberg, is this a fair photograph of what you saw these individuals doing?
ANDREW KITZENBERG: Yes, it is.
MR. MELLIN: Okay. Now, they appear to be crouched down, the two of them in this photo. Is that right?
MR. MELLIN: You mentioned that they were going through backpacks or into backpacks. Where were those located?
ANDREW KITZENBERG: At their feet.
MR. MELLIN: At some point did you hear or see bombs being thrown or hear them explode?
ANDREW KITZENBERG: I could hear them and feel them.
MR. MELLIN: What can you tell us about that?
ANDREW KITZENBERG: I first -- there was a first bomb that went off and I could -- I didn't see it. I didn't see where it was but I could sort of feel that it was -- went off eastward, I guess to my right down Laurel Street. From my room I could actually feel my room shake with those explosives. And so I felt -- felt and heard two explosions that were similar, and then a third that was much larger and shook the room.
MR. MELLIN: Could you tell who it was that threw any of those explosive devices?
ANDREW KITZENBERG: I couldn't, no.
MR. MELLIN: Now, when you said the third one was much larger, can you describe that?
ANDREW KITZENBERG: That one I actually could see the spark of it being lit. And when I saw that, I laid down on the floor of my bedroom, and then I could actually feel it go off. And it really shook -- shook my bedroom. And then I popped my head up up to the window and I could see the cloud of smoke rise up from that one.
MR. MELLIN: Shortly after that, did you see the Mercedes turn around and go back down the street?
ANDREW KITZENBERG: Yes, I did.
MR. MELLIN: Now, as you look at Exhibit 1524, is there room to the right of that green Honda to just continue straight down Laurel Street if you were driving that SUV?
ANDREW KITZENBERG: Yes, I think so.
MR. MELLIN: And even to the left of that green Honda, is there room to continue driving straight down Laurel Street?
MR. MELLIN: Is that what that Mercedes did?
MR. MELLIN: What did you see the Mercedes do?
ANDREW KITZENBERG: I saw it do a U-turn and kind of drive through the sidewalk and turn back in the opposite direction down Laurel Street and accelerate down the street.
MR. MELLIN: And when you said accelerated down the street, can you describe how it sounded or what you saw?
ANDREW KITZENBERG: It seemed like the vehicle was being floored and, like, accelerating as quickly as it could.
MR. MELLIN: If I could have you please look at Exhibit 1532, which is already in evidence. Now, do you recognize Exhibit 1532?
ANDREW KITZENBERG: Yes, that is my apartment.
MR. MELLIN: Okay. And when you say "that is my apartment," can you just circle where you're indicating is your apartment on Exhibit 1532?
ANDREW KITZENBERG: (Witness complies.)
MR. MELLIN: And for the record, you circled the top floors of the building on the left?
ANDREW KITZENBERG: Yes, the second and third floor.
MR. MELLIN: Now, you said at some point you're looking out the window on the third floor looking down on what's happening. Is that right?
ANDREW KITZENBERG: That's correct.
MR. MELLIN: Which window is that?
ANDREW KITZENBERG: It would be that window looking straight down to the street.
MR. MELLIN: Okay. And for the record, that's the third-floor window that faces on Laurel Street on the building on the left? Is that right?
MR. MELLIN: All right. Now, at some point when the SUV turned around and began going down the street away from you, did you take photographs?
ANDREW KITZENBERG: Yes, I did.
MR. MELLIN: And out of what window did you take photographs?
ANDREW KITZENBERG: This window here (indicating).
MR. MELLIN: And for the record, again, it's the building on the left, the third floor, and now it's the window that essentially is straight ahead in the photo?
ANDREW KITZENBERG: Yes, it is.
MR. MELLIN: Okay. If I could have you then look at Exhibit 1525, which is already in evidence as well. Do you recognize Exhibit 1525?
ANDREW KITZENBERG: Yes, I do.
MR. MELLIN: Is that the photograph that you took of the SUV going down Laurel Street?
ANDREW KITZENBERG: Yes, it is.
MR. MELLIN: And then finally, if I could have you look at Exhibit 1526?
MR. MELLIN: And that's not in evidence yet, your Honor.
MR. MELLIN: And what is 1526?
ANDREW KITZENBERG: That is a picture after the SUV had taken off and what was left on Laurel Street with a green sedan and backpacks on -- in the street.
MR. MELLIN: And is that a fair and accurate photograph of Laurel Street?
ANDREW KITZENBERG: Yes, it is.
MR. MELLIN: Your Honor, we would move into evidence Exhibit 1526.
MR. WATKINS: No objection.
(Government Exhibit No. 1526 received into evidence.)
MR. MELLIN: Ask to publish it.
BY MR. MELLIN:
MR. MELLIN: And again, for the record, Mr. Kitzenberg, this is after the SUV has turned around and gone down the street?
ANDREW KITZENBERG: Yes, it is.
MR. MELLIN: With the Court's indulgence.
(Counsel confer off the record.)
MR. MELLIN: Thank you. Nothing further, your Honor.
MR. WATKINS: No questions. Thank you.
THE COURT: All right, sir. Thank you. You may step down.
(The witness is excused.)
MR. WEINREB: Your Honor, the government calls Dr. Heather Studley.