8.Francis Hughes — Direct/Cross/Redirect
369 linesFRANCIS HUGHES, 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.
FRANCIS HUGHES: Good afternoon. My name is Francis Hughes, H-U-G-H-E-S.
DIRECT EXAMINATION BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Good afternoon. Are you a Massachusetts State Police trooper?
FRANCIS HUGHES: Yes, I am.
MR. CHAKRAVARTY: And what is your rank?
FRANCIS HUGHES: I'm a major.
MR. CHAKRAVARTY: And how long have you been with the Massachusetts State Police?
FRANCIS HUGHES: I'm in my 29th year.
MR. CHAKRAVARTY: I assume you've had many different roles over that 29 years. What is your role now?
FRANCIS HUGHES: Currently I'm the deputy division commander for the Division of Investigative Services.
MR. CHAKRAVARTY: And explain what that is.
FRANCIS HUGHES: Basically, in my role right now I have nine investigative units that I have operational control over: four homicide units, the Organized Crime Unit, Violent Fugitive Arrest Squad, Special Operations Investigations, and the newly formed Gaming Enforcement Unit.
MR. CHAKRAVARTY: And when did you first have -- get this role of Director of Investigative Services?
FRANCIS HUGHES: It's been about two and a half years now.
MR. CHAKRAVARTY: I draw your attention back to April 19th -- the evening of the 18th and the early morning hours of April 19th. Was that your position at that time?
FRANCIS HUGHES: Yes, sir, it was.
MR. CHAKRAVARTY: And after 10 p.m., around 10:30, did you get some information?
FRANCIS HUGHES: I did.
MR. CHAKRAVARTY: What did you learn?
FRANCIS HUGHES: I was called by my boss, Lieutenant Colonel Frank Matthews. He advised me to head over to MIT. He advised me that an MIT police officer had been shot and he was in grave condition.
MR. CHAKRAVARTY: Okay. And did you respond there?
FRANCIS HUGHES: Yes, I did.
MR. CHAKRAVARTY: And while you were there, were they processing the scene and preparing to secure that?
FRANCIS HUGHES: Yes, they were.
MR. CHAKRAVARTY: Then later that evening, in the early morning hours, around midnight, did you get more information?
FRANCIS HUGHES: I did.
MR. CHAKRAVARTY: What information was that?
FRANCIS HUGHES: Approximately 20 past twelve information came to my attention that there was a carjacking in the City of Cambridge. The victim of the carjacking had provided information that he had been kidnapped by two parties who claimed to be involved in the Boston bombing and had also made statements that he had been responsible for --
MR. WATKINS: Objection, your Honor.
MR. CHAKRAVARTY: It's not for the truth, your Honor.
THE COURT: I think that's a sufficient answer. You can ask another question.
MR. WATKINS: Can we move to strike what was told to him?
THE COURT: All right. I'll strike the answer.
The jury will disregard the answer.
Ask another question.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: So you received some information. In response to that information, what did you do?
FRANCIS HUGHES: I ensured that a trooper had been assigned to go speak with the party involved.
MR. CHAKRAVARTY: And did that trooper ultimately report back to you in the chain of command as to what happened?
FRANCIS HUGHES: Yes, they did.
MR. CHAKRAVARTY: And then did you go somewhere?
FRANCIS HUGHES: Later in the night I did, yes.
MR. CHAKRAVARTY: And where did you go?
FRANCIS HUGHES: I headed to Watertown.
MR. CHAKRAVARTY: Now, were you monitoring the radio traffic when you were on your way to Watertown?
FRANCIS HUGHES: Yes, I did.
MR. CHAKRAVARTY: What did you hear?
FRANCIS HUGHES: Initially I heard there were numerous shots fired in the area of Laurel and Dexter Street. As I continued in that direction, I received information that explosive devices were being deployed at police officers. At one point in time I heard that there was a very large explosion, described as a massive explosion. Officers were being told over the radio to --
MR. WATKINS: I would object at this point, your Honor.
MR. CHAKRAVARTY: I'll ask another question.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Once you responded to Watertown, where did you go?
FRANCIS HUGHES: I went to the area of -- originally Arsenal Street.
MR. CHAKRAVARTY: And what was at Arsenal Street?
FRANCIS HUGHES: Roads were being shut down to protect the area, to shut down the area due to items in the roadway that they thought may have been explosives.
MR. CHAKRAVARTY: And the area where all of the shooting and the devices that you described earlier, where was that?
FRANCIS HUGHES: That was the area of Laurel and Dexter Street.
MR. CHAKRAVARTY: How far away was that from where you were on Arsenal Street?
FRANCIS HUGHES: Approximately a block, two blocks.
MR. CHAKRAVARTY: And did you come up with a security plan at that point?
FRANCIS HUGHES: There was one, yes.
MR. CHAKRAVARTY: Okay. And what was that?
FRANCIS HUGHES: Originally, hasty teams were being deployed in the area. What I mean by "hasty teams," these are quickly formed search teams consisting of a K-9 officer and his K-9 unit, officers with rifles, generally two rifles, and two other officers. These teams were being comprised of officers from different agencies in order that communication could be consistent back and forth. So there was generally a couple of troopers, maybe a Boston police officer, Watertown officer, MBTA officer. It was different.
MR. CHAKRAVARTY: And what was their mission?
FRANCIS HUGHES: To search the area of -- originally it was to search the area of Spruce and Lincoln Street.
MR. CHAKRAVARTY: And what was at Spruce and Lincoln Street?
FRANCIS HUGHES: A black SUV Mercedes was located abandoned at that location.
MR. CHAKRAVARTY: Was that a short distance away from Laurel and Dexter Street?
FRANCIS HUGHES: Probably two blocks.
MR. CHAKRAVARTY: And, in fact, Laurel Street turns into Spruce Street?
FRANCIS HUGHES: Yes, it does.
MR. CHAKRAVARTY: And is that one of the areas that was being searched?
FRANCIS HUGHES: That's correct.
MR. CHAKRAVARTY: What was happening back at Laurel and Dexter Street from the Massachusetts State Police personnel?
FRANCIS HUGHES: The area had been cordoned off, crime scene tape had been put up. The Crime Scene Service Section, which consisted of people assigned to the chemist, photograph people, video-tographers were coming in to start processing the scene, along with ballisticians.
MR. CHAKRAVARTY: Now, as time continued that evening, did you establish a security perimeter?
FRANCIS HUGHES: There was one, yes.
MR. CHAKRAVARTY: Okay. And what steps did you take to ensure the security of the public at that point?
FRANCIS HUGHES: Generally officers were assigned in the area to take up stationary locations, all the streets surrounding Dexter and Laurel, streets surrounding Spruce Street, Lincoln Street, all the way down to Arsenal Street.
MR. CHAKRAVARTY: As the morning wore on, were additional security steps taken?
FRANCIS HUGHES: These hasty searches lasted approximately about an hour and a half to about 2:30 in the morning. At that point in time a decision was made to stop the searches with the K-9s. There was a concern that the K-9s that were being used were not trained to properly deal with explosives. Explosive dogs act in a certain manner, utility dogs act in a different manner. So they were afraid that the utility dogs may -- if they came across an explosive device, may activate it by touching it. So the decision was made to stop using the utility dogs and just stand by until tactical teams could be brought into the area.
MR. CHAKRAVARTY: Were tactical teams brought in?
FRANCIS HUGHES: Originally a plan was set up. There was a command post set up in the Arsenal Mall; specifically, a tactical team command post. The tactical teams from the state police, Boston police, NEMLEC and MetroLEC formed up at that point in time and they began to develop a plan on how they were going to begin searching the area.
MR. CHAKRAVARTY: Okay. When we say tactical teams, is that like a SWAT team?
FRANCIS HUGHES: Correct.
MR. CHAKRAVARTY: And so those organizations that you mentioned are different -- collaboratives of different law enforcement agencies?
FRANCIS HUGHES: That's correct, sir.
MR. CHAKRAVARTY: And so were those SWAT teams or tactical teams ultimately deployed to do a search of the area?
FRANCIS HUGHES: Yes. What happened was the area was cordoned off into four quadrants. Each one of these teams was given a specific quadrant to begin searching. And they began searching at that point -- this was maybe an hour before daylight -- going house to house.
MR. CHAKRAVARTY: So when you say "house to house," this is just searching the exterior of the property or were they going in as well?
FRANCIS HUGHES: No, they were actually -- this is when they began to start going house to house, inside, knocking on people's doors, asking if they could be allowed in to look through their residences.
MR. CHAKRAVARTY: And it may sound obvious, but what were you looking for?
FRANCIS HUGHES: There was one suspect -- looking for -- that had fled the scene in a black SUV.
MR. CHAKRAVARTY: As the tactical teams were continuing to search these different quadrants, at the management level and with the management of the state police which you were a part, did you discuss other protective measures for the area?
FRANCIS HUGHES: The secretary of EOPS -- executive officer of Public Safety and Security, Kurt Schwartz, had been on the phone shortly after the kidnapping took place with the governor. He had been maintaining a constant contact with the governor every half-hour to an hour. Discussions had been made during the course of the night on different operational decisions on how to handle things. At some time prior to five o'clock there was a meeting at an MBTA command post with several agency heads. That would include MBTA Chief Bob Macmillan, Watertown Chief Deveau, Colonel Alben, I believe -- I believe -- Kurt Schwartz was there also.
MR. CHAKRAVARTY: Let me just interrupt you. Was there a decision made at that meeting?
FRANCIS HUGHES: Yes, there was.
MR. CHAKRAVARTY: All right. And earlier you said kidnapping. Did you mean after the carjacking?
FRANCIS HUGHES: Correct; yes.
MR. CHAKRAVARTY: What was the decision that came out of that meeting?
FRANCIS HUGHES: The decision from that meeting basically was they were planning on shutting down public transit. The MBTA began at 5 p.m.
MR. WATKINS: I'd object at this point.
THE COURT: Well, yeah. I think we have a personal knowledge issue here.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Major Hughes, do you know what security steps were taken as a result of the manhunt?
FRANCIS HUGHES: Yes, I do.
MR. CHAKRAVARTY: Okay. And you were part of the conversation and part of the radio traffic as to what those decisions were?
FRANCIS HUGHES: Yes, I was.
MR. CHAKRAVARTY: So can you explain what those security cautions were?
MR. WATKINS: Again, I'm going to object on 403 grounds. I'm not sure what this has to do with anything.
THE COURT: Overruled. Go ahead.
FRANCIS HUGHES: There were several security steps taking place. Troopers were being assigned to assist the MBTA police at bus and train stations throughout the Greater Boston area; troopers at the state police, Logan had initiated roadblocks on all traffic coming into the airport.
MR. WATKINS: Judge, again, I object.
THE COURT: Okay. Overruled. We'll take it.
FRANCIS HUGHES: Troopers at the airport were assigned with automatic weapons to be curbside; undercover officers were in the airport assigned as -- we call them behavioral detection officers, BDOs; plainclothes looking for hostile activity or any kind of hostile behavior. The --
THE COURT: Let's have another question, Mr. Chakravarty.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: So you described restrictions on various transportation. Were there other restrictions that were imposed?
FRANCIS HUGHES: Yes, there was.
MR. CHAKRAVARTY: What else?
FRANCIS HUGHES: The governor had requested that a shelter-in-place take place in six different communities.
MR. CHAKRAVARTY: And what does that mean?
FRANCIS HUGHES: Basically what -- a shelter-in-place was a request to the public that they remain within their residences and they avoid any motor vehicle traffic outside in their area, stay inside until further notice.
MR. CHAKRAVARTY: Were there other public functions cancelled that day?
FRANCIS HUGHES: Yes, there was.
MR. CHAKRAVARTY: At some point during that Friday was the shelter-in-place lifted?
FRANCIS HUGHES: Yes, it was. It was sometime shortly after 6 p.m. that night.
MR. CHAKRAVARTY: And was the manhunt over?
FRANCIS HUGHES: No, it was not.
MR. CHAKRAVARTY: So explain what happened after 6 p.m., after the shelter-in-place had been lifted.
FRANCIS HUGHES: After the shelter-in-place had been lifted, yeah, the State Police Air Wing No. 3 helicopter had returned back to the area, had been on a refueling mission. They refueled and came back in the area, was taking up a position above the Watertown area. Officers continued to search house to house, yard to yard, looking for people until a certain -- a specific event happened.
MR. CHAKRAVARTY: Okay. And though the shelter-in-place had been lifted, had the public been notified through press conferences or other means as to what the status of the manhunt was?
FRANCIS HUGHES: Yes, they had.
MR. CHAKRAVARTY: And so what was the event that next changed your focus?
FRANCIS HUGHES: Well, the Watertown police received a 9-1-1 call from a subject stating that --
MR. WATKINS: Objection.
THE COURT: No. I'll admit it not for the truth but for the fact that it's a communication.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Please continue.
FRANCIS HUGHES: They received a call from a gentleman at 67 Franklin Street in Watertown who advised them that he believed there was a party within his boat in his backyard.
MR. CHAKRAVARTY: And so how did you and the other units respond?
FRANCIS HUGHES: Air 3 took up a position above the location, provided information to us that they had reason to believe there was a party in the boat. Officers were deployed to the scene, the street was shut down, and the perimeter was taken up around the house.
MR. CHAKRAVARTY: Now, in addition to that location, did you still have personnel at the other locations in Watertown that day?
FRANCIS HUGHES: Yes, we did.
MR. CHAKRAVARTY: For the witness, your Honor, Exhibit 1455.
MR. CHAKRAVARTY: Do you recognize this?
FRANCIS HUGHES: Yes, I do.
MR. CHAKRAVARTY: What is it?
FRANCIS HUGHES: This is a map of the Dexter and Laurel Street neighborhood of Watertown.
MR. CHAKRAVARTY: Does it also depict the Spruce and Lincoln Street area and the Franklin Street area?
FRANCIS HUGHES: Yes, sir, it does. And that would be to my left on the screen.
MR. CHAKRAVARTY: Does this appear to be like a Google Maps type of overhead satellite view?
FRANCIS HUGHES: It does, sir.
MR. CHAKRAVARTY: And with the particular areas that you've discussed, they're in diagram -- kind of cartoonized into a diagram form. Is that right?
FRANCIS HUGHES: Correct.
MR. CHAKRAVARTY: Is this a fair and accurate depiction of that area of Watertown?
FRANCIS HUGHES: Yes, it is.
MR. CHAKRAVARTY: I'd move into evidence Exhibit 1455 and ask to publish.
MR. WATKINS: No objection.
(Government Exhibit No. 1455 received into evidence.)
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: So Dexter and Laurel was -- let's start with that scene. What types of state police personnel were working this scene when you got -- when that 9-1-1 call came in?
FRANCIS HUGHES: You had chemists from the State Police Crime Lab; you had troopers assigned to the Massachusetts State Police Services Section who -- basically they were involved in fingerprinting and photographing the scene, documenting the scene; you also had troopers from the Fire and Explosion Unit there along with FBI officials from their bomb unit.
MR. CHAKRAVARTY: And Fire and Explosion, that's basically the bomb squad?
FRANCIS HUGHES: That's correct.
MR. CHAKRAVARTY: At the Spruce and Lincoln Street area, what kind of units did you have there?
FRANCIS HUGHES: Again, you had members from the Crime Scene Services Section there at a certain point in time, you also had troopers assigned to the Fire and Explosion Unit. That area had been cordoned off earlier in the evening after the events had taken place.
MR. CHAKRAVARTY: Now, is this a bit on a hill as compared to down here by Franklin Street?
FRANCIS HUGHES: Yes, it is.
MR. CHAKRAVARTY: And what kind of units deployed to Franklin Street after that 9-1-1 call?
FRANCIS HUGHES: I believe every type of law enforcement agency in the area was there.
MR. CHAKRAVARTY: And the area depicted is the 67 Laurel -- 67 Franklin Street property, the one I just circled?
FRANCIS HUGHES: That's correct, sir.
MR. CHAKRAVARTY: Now, while -- did you respond as well?
FRANCIS HUGHES: Yes, I did. Yes.
MR. CHAKRAVARTY: Now, at some point while you were on-scene, was the individual you were searching for located?
FRANCIS HUGHES: He was, yes.
MR. CHAKRAVARTY: And was that person ultimately taken out of a boat?
FRANCIS HUGHES: Yes, he was.
MR. CHAKRAVARTY: And was he arrested?
FRANCIS HUGHES: That's correct.
MR. CHAKRAVARTY: Did you see him that day?
FRANCIS HUGHES: Yes, I did.
MR. CHAKRAVARTY: Do you see him in the courtroom?
FRANCIS HUGHES: Yes, I do.
MR. CHAKRAVARTY: Would you please point to him and identify him?
FRANCIS HUGHES: The subject seated at the first table before the Court in the black shirt.
MR. CHAKRAVARTY: I'd ask the record so reflect, your Honor.
THE COURT: Okay.
MR. CHAKRAVARTY: Just one moment.
(Counsel confer off the record.)
MR. CHAKRAVARTY: Thank you, your Honor. That's all I have.
CROSS-EXAMINATION BY MR. WATKINS:
MR. WATKINS: Good afternoon.
FRANCIS HUGHES: Good afternoon, sir.
MR. WATKINS: So after you got the 9-1-1 call and every law enforcement agency reported down there, there was some period of time before Mr. Tsarnaev was arrested?
FRANCIS HUGHES: Yes, there was.
MR. WATKINS: How long a time was that?
FRANCIS HUGHES: It may have been an hour and a half.
MR. WATKINS: And during that time law enforcement continued to arrive, law enforcement agencies all through that time?
FRANCIS HUGHES: Some officers, yes.
MR. WATKINS: And most were self-deployed, weren't requested to be there; they just came of their own accord.
FRANCIS HUGHES: I don't know who requested them, if they were requested or they weren't requested.
MR. WATKINS: But there were also some who just came to volunteer?
FRANCIS HUGHES: I don't know that.
MR. WATKINS: You were there during the entire time from that 9-1-1 call, or shortly after the 9-1-1 call, until Mr. Tsarnaev's arrest?
FRANCIS HUGHES: I believe I arrived probably ten minutes after the 9-1-1 call and I was there till the end, yes.
MR. WATKINS: And during that point there was a large amount of gunfire directed at the boat?
FRANCIS HUGHES: There was no gunfire when I arrived.
MR. WATKINS: After you arrived, at some time there was gunfire?
FRANCIS HUGHES: No, sir.
MR. WATKINS: You arrived after the gunfire?
FRANCIS HUGHES: That's correct.
MR. WATKINS: You saw all of the bullet holes in the shrink wrap and in the boat when you arrived, correct?
FRANCIS HUGHES: That is not correct.
MR. WATKINS: You did not see any of that. You did not see the boat?
MR. WATKINS: You did see Mr. Tsarnaev actually arrested at some point?
FRANCIS HUGHES: I saw him travel by me on a stretcher.
MR. WATKINS: Now, during the course of that hour and a half, flash bangs were deployed inside of the boat?
FRANCIS HUGHES: Yes, sir, there were.
MR. WATKINS: And that's something you were aware of?
FRANCIS HUGHES: That's correct.
MR. WATKINS: There were several flash bangs thrown into the boat?
FRANCIS HUGHES: Yes, sir.
MR. WATKINS: Those flash bangs are -- they produce a bright flash of light. Is that right?
FRANCIS HUGHES: Yes, sir.
MR. WATKINS: They're intended to temporarily blind somebody?
MR. CHAKRAVARTY: Objection. Intention.
THE COURT: Rephrase it.
BY MR. WATKINS:
MR. WATKINS: Are you familiar with flash bang grenades?
FRANCIS HUGHES: I am somewhat.
MR. WATKINS: And there's a use for them, right, in law enforcement?
FRANCIS HUGHES: There is.
MR. WATKINS: And one of the uses is that they produce a bright flash of light that blinds somebody temporarily?
FRANCIS HUGHES: They're used to disorientate a person, yes.
MR. WATKINS: There's two ways they do that: One is the bright flash of light which temporarily blinds them, right?
FRANCIS HUGHES: That's correct.
MR. WATKINS: The other way is a loud sound, about 170 decibels?
FRANCIS HUGHES: I don't know what the decibel level is.
MR. WATKINS: But it's loud.
FRANCIS HUGHES: It is loud. I concede to that.
MR. WATKINS: And the one reason to make it loud -- one reason to make it loud is it also makes somebody dizzy?
FRANCIS HUGHES: Disoriented.
MR. WATKINS: And it's also to produce a reaction to have somebody get out from wherever those are thrown in, right?
FRANCIS HUGHES: Yes.
MR. WATKINS: And there were several of those thrown into the boat. There's no reaction immediately from Mr. Tsarnaev, correct?
FRANCIS HUGHES: They were thrown over a period of time. It wasn't one after another; it was over a significant period of time in between them.
MR. WATKINS: But after each one and a significant period of time there was not a reaction from Mr. Tsarnaev, correct?
FRANCIS HUGHES: Not that I know of, no.
MR. WATKINS: May I have it just for the witness, your Honor?
MR. WATKINS: Showing you on your monitor a picture, do you recognize that picture?
FRANCIS HUGHES: I do.
MR. WATKINS: And that is a -- well, that's a picture of Mr. Tsarnaev being arrested?
FRANCIS HUGHES: It appears to be a picture of him on the boat prior to being arrested.
MR. WATKINS: Your Honor, I'd ask to admit this as Defendant's Exhibit 3034.
MR. CHAKRAVARTY: Your Honor, I would just ask for a little more foundation. I don't know that the witness said that he was there when this was taken.
BY MR. WATKINS:
MR. WATKINS: Have you previously seen this photograph?
FRANCIS HUGHES: I have.
MR. WATKINS: And you've seen this photograph as part of your role as commander?
FRANCIS HUGHES: Yes.
MR. WATKINS: And this is the kind of photograph you would see in the course of a large investigation like this, correct?
FRANCIS HUGHES: One of many; yes, sir.
MR. WATKINS: Your Honor, I'd ask that it be admitted.
MR. CHAKRAVARTY: I'd still object, your Honor.
THE COURT: Overruled. I'll admit it.
(Defense Exhibit No. 3034 received into evidence.)
MR. WATKINS: May we publish it?
BY MR. WATKINS:
MR. WATKINS: And do you recognize that to be Mr. Tsarnaev?
FRANCIS HUGHES: Yes.
MR. WATKINS: And what are the position of his hands?
FRANCIS HUGHES: They're in front of his torso.
MR. WATKINS: What kind of sweatshirt does he have on?
FRANCIS HUGHES: A gray, blue and yellow sweatshirt.
MR. WATKINS: Your Honor, may I have just for the witness again?
BY MR. WATKINS:
MR. WATKINS: Do you see the photograph that's up on your screen?
FRANCIS HUGHES: Yes.
MR. WATKINS: You've seen that photograph as part of your participation with the investigation of this matter?
FRANCIS HUGHES: I've seen a photo but I don't believe it was during the course of the investigation.
MR. WATKINS: But you have seen this photograph?
FRANCIS HUGHES: Yes, sir.
MR. WATKINS: You've just identified Mr. Tsarnaev in a sweatshirt with yellow Adidas -- yellow writing across the top. Is that what's shown in this photograph?
FRANCIS HUGHES: The color of the sweatshirt's consistent from the other one.
MR. WATKINS: And what we see in this photograph is a person from the ATF -- you're aware that they were at the scene at that time?
MR. CHAKRAVARTY: Objection, your Honor. The witness doesn't know because he wasn't there.
THE COURT: Yeah, I think that's right. I mean, he can describe, I guess, the picture and his own personal knowledge, but if he's going to describe it as a scene that he didn't observe, I think the objection is sustained.
BY MR. WATKINS:
MR. WATKINS: So did you ever observe -- you said you saw Mr. Tsarnaev going by. What were the circumstances of that?
FRANCIS HUGHES: He was on Franklin Street, he was on a stretcher, and he went directly by me.
MR. WATKINS: And was he in similar condition to what is shown in the photograph that's before you?
FRANCIS HUGHES: No, he had a blanket on him.
MR. WATKINS: Other than that, did he have the blood that you see on here and the other attributes?
FRANCIS HUGHES: I did not see that, no.
MR. WATKINS: I have no further questions, your Honor.
MR. CHAKRAVARTY: Just very briefly.
REDIRECT EXAMINATION BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Agent Hughes, what's the purpose of using devices like flash bangs?
FRANCIS HUGHES: They're generally used to disorientate a person and to -- also to encourage them to surrender.
MR. CHAKRAVARTY: And had the defendant surrendered in the time that police officers were calling to him?
FRANCIS HUGHES: No. Numerous requests were made; they were ignored.
MR. CHAKRAVARTY: Was there a concern that the defendant was armed?
FRANCIS HUGHES: Absolutely.
MR. CHAKRAVARTY: How did law enforcement accommodate for that during the standoff?
FRANCIS HUGHES: How did we form that opinion?
MR. CHAKRAVARTY: Yeah.
FRANCIS HUGHES: By that point in time, the investigation had shown numerous reasons --
MR. WATKINS: I'm going to object, your Honor.
THE COURT: Yeah. Sustained.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Aside from the basis for why you felt that, what did you do, what precautions did you take as you were in the standoff that ultimately resulted in you throwing the flash bangs in?
MR. WATKINS: I'm going to object.
THE COURT: Overruled.
You may answer that.
FRANCIS HUGHES: Houses in the general area were evacuated on both sides of 67 Franklin Street, on the street itself. A perimeter had been set up and a tactical team had moved in to take care of the inner perimeter of the scene. Police officers formed a second perimeter on the outside of the scene around it.
BY MR. CHAKRAVARTY:
MR. CHAKRAVARTY: Was the Air Wing still up in the air?
FRANCIS HUGHES: Yes, it was.
MR. CHAKRAVARTY: And did you know whether he had any weapons?
FRANCIS HUGHES: We did not know.
MR. CHAKRAVARTY: Did you know whether there were any explosives there?
FRANCIS HUGHES: We did not know, no.
MR. CHAKRAVARTY: Was there a bomb squad nearby?
FRANCIS HUGHES: Yes, there was.
MR. CHAKRAVARTY: That's all I have, your Honor.
THE COURT: Mr. Watkins?
MR. WATKINS: Your Honor, just to be clear, I thought I had mentioned the exhibit with the hands up, is Defendant's Exhibit 3034. That did come in?
THE COURT: Yes.
Wait a minute, Major. I want to make sure they're done.
MR. CHAKRAVARTY: Yes.
THE COURT: Okay, sir. Thank you.
(The witness is excused.)
MR. WEINREB: The United States calls David Henneberry.
(Pause.)
MR. WEINREB: Your Honor, may we approach for a minute?
THE COURT: All right.
(Discussion at sidebar and out of the hearing of the jury:)
MR. WEINREB: Evidently there was some confusion on our part and Mr. Henneberry was told he would be starting first thing tomorrow morning. After him we're done with the narrative and we're going off into many different places. So we would ask to end now and start with him tomorrow morning.
THE COURT: Okay. Could we just caucus about 8:45 tomorrow morning to go over various things?
MR. WEINREB: Sure.
MR. WATKINS: Before then, your Honor, can I ask, the government has pared down, at least significantly, the witness list they gave me. I want to find out how much more it's going to be pared down in the next couple of days so we can be ready.
THE COURT: That's one of the things I want to discuss in the morning.
MR. WATKINS: But we have to prepare cross-examination.
THE COURT: You're okay till tomorrow, right?
MR. WATKINS: They've been bouncing around here quite a bit.
MS. PELLEGRINI: I gave you a list of 21 witnesses.
MR. WATKINS: Correct. But also numerical where you're bouncing around so we don't know exactly when to cross-examine. We're all working very hard --
MS. PELLEGRINI: We only changed the order of Floyd and Kitzenberg today.
THE COURT: Well, perhaps you can review what you expect tomorrow to be.
MR. WEINREB: Just so your Honor knows, some of these calls are made at the last minute. If we manage to establish something with one witness, we don't waste time. We're trying not to have a duplicative witness.
MR. WATKINS: There's also issues with the exhibits. There's a lot of -- as you heard during this trial, there's exhibits that seem to get a couple of different numbers just from the government, and the exhibits are getting added at the last minute. And it makes it very difficult. Again, I understand we're all working very hard, but this puts quite a strain on those of us who have to defend.
MR. WEINREB: And I would just say so the record is clear we've been adding a very small number of exhibits. In many cases it's a Google street image or something, and in other cases it's something that's been in discovery long ago and we're breaking it out into a separate exhibit.
I'm not disputing what Mr. Watkins is saying --
(Laughter.)
MR. WEINREB: -- except to that extent, that the problem shouldn't be overstated.
THE COURT: Okay.
MR. CHAKRAVARTY: As to the scheduling, Mr. Silva could be reached as early as tomorrow.
THE COURT: I think he was on the second list you gave us.
MR. CHAKRAVARTY: I want to make sure you --
MS. PELLEGRINI: I couldn't hear the name.
THE COURT: Silva.
MS. PELLEGRINI: No, he's on the list.
THE COURT: You think you'll hit him?
MR. CHAKRAVARTY: I think he'll be tomorrow. But we did file a motion in limine this morning with regard to one issue that affects the scope of his testimony, and so we're hoping for a resolution of that before he takes the stand.
THE COURT: Okay. That's something we can do in the morning.
(In open court:)
THE COURT: Jurors, the good news, I guess, is that we're making progress rather expeditiously; the bad news is that sometimes we run out of witnesses, and that has happened again for today. So we're going to end the day a little early. We started a little early so we'll end it a little early. We'll recess and see you tomorrow and continue with the evidence in the case.
I remind you again of no discussion, no investigation. It occurred to me during today's presentation, sometimes people are interested in seeing the physical locations of events that they've heard. Please don't go to Watertown and look at any of these places, okay?
Enjoy the rest of the day and the evening and we'll see you tomorrow morning.
COURT CLERK: All rise for the Court and the jury. Court will be in recess.
(The Court and jury exit the courtroom and the proceedings adjourned at 3:31 p.m.)