3.John MacLellan — Direct/Cross
790 linesJOHN MACLELLAN, duly sworn
COURT CLERK: State your name, spell your last name for the record, keep your voice up and speak into the mic.
JOHN MACLELLAN: My name is Sergeant John MacLellan, M-A-C-L-E-L-L-A-N.
DIRECT EXAMINATION BY MR. WEINREB:
MR. WEINREB: Good morning.
JOHN MACLELLAN: Good morning.
MR. WEINREB: Where do you work?
JOHN MACLELLAN: Watertown Police Department.
MR. WEINREB: How long have you worked there?
JOHN MACLELLAN: 23 years.
MR. WEINREB: What are your job responsibilities there?
JOHN MACLELLAN: I'm a night patrol supervisor, sergeant.
MR. WEINREB: And how long have you been a supervisor?
JOHN MACLELLAN: Six years.
MR. WEINREB: What's your rank there?
JOHN MACLELLAN: Sergeant.
MR. WEINREB: What are your responsibilities as the night patrol supervisor?
JOHN MACLELLAN: On the street in full uniform in a marked cruiser. I'm a -- I'm out there patrolling with the other patrolmen, and I'm the street supervisor.
MR. WEINREB: On a typical night in Watertown, how many patrolmen are out there patrolling?
JOHN MACLELLAN: Anywhere from five to nine.
MR. WEINREB: You supervise all of them?
JOHN MACLELLAN: Yes.
MR. WEINREB: How big a town is Watertown?
JOHN MACLELLAN: Just a little over four square miles.
MR. WEINREB: And what's it like policing Watertown?
JOHN MACLELLAN: It's a good job. It's a -- you know, we're fairly busy right outside of the city of Boston. It's a good job.
MR. WEINREB: What kind of crimes do you usually encounter there?
JOHN MACLELLAN: The majority of the crimes are everything from shoplifting to domestics and -- all types of crimes.
MR. WEINREB: Before April 2013, how often did you have to pull out your gun in the course of your duties?
JOHN MACLELLAN: Not very often. A handful. A handful of times.
MR. WEINREB: Did you ever have to use it?
MR. WEINREB: Were you on duty the night of April 18, 2013, around midnight?
JOHN MACLELLAN: Yes, I was.
MR. WEINREB: Were you the night supervisor that night?
JOHN MACLELLAN: Yes, I was.
MR. WEINREB: Were you wearing a uniform?
JOHN MACLELLAN: Yes, sir.
MR. WEINREB: What were you driving?
JOHN MACLELLAN: A fully marked SUV, Ford Explorer.
MR. WEINREB: Were you the only one in it?
JOHN MACLELLAN: Yes.
MR. WEINREB: Were any special issues raised at roll call that night?
JOHN MACLELLAN: Yes, sir.
MR. WEINREB: What were they?
JOHN MACLELLAN: We were told that there was a -- that there was an officer shot and killed in Cambridge. At the time we were told, I believe, that it happened during a robbery.
MR. WEINREB: When you went out on patrol, was there anything unusual on the streets at first?
JOHN MACLELLAN: No, it was just a regular night. Just out, patrol.
MR. WEINREB: Did there come a time shortly after midnight you got a call on the radio?
JOHN MACLELLAN: Yes.
MR. WEINREB: What was that all about?
JOHN MACLELLAN: We got a BOLO, it's a be-on-the-lookout, for a vehicle, it was a Mercedes, that was carjacked, and to be on the lookout for it. They gave us the plate number of the vehicle.
MR. WEINREB: What did you do when you got that information?
JOHN MACLELLAN: I believe I wrote it on my hand. I might not. I wrote it somewhere in the vehicle. And I just kept it in my head, looking for the vehicle. I tried to put in my head what that vehicle would look like.
MR. WEINREB: And after that, did you get some more information about the Mercedes over the radio?
JOHN MACLELLAN: Yes.
MR. WEINREB: What was that?
JOHN MACLELLAN: We were told that the vehicle was now in Watertown at a particular number on Dexter Street and that it was stopped. They were not sure if it was -- if it was parked or if it was just not rolling at the time.
MR. WEINREB: I'm going to show you what's been marked as Exhibit 771 for identification. Take a minute and look at that. That's a map, and it's an overhead -- almost like a satellite image, but the streets are marked. Do they appear to be marked correctly?
JOHN MACLELLAN: It's very small. Yes. Okay. Yup.
MR. WEINREB: And is that a fair and accurate map of that area?
JOHN MACLELLAN: Yes. Yes. Okay.
MR. WEINREB: The government offers 771.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 771 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Sergeant MacLellan, the screen in front of you, it's a touch-sensitive screen, and if you press firmly on it with the pad of your finger, you're going to be able to draw lines and circles and -- can you just draw a line along Dexter Avenue?
JOHN MACLELLAN: Just Dexter Ave. itself?
MR. WEINREB: Yeah, just Dexter Avenue itself for now.
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: And can you also draw a line along Laurel Street?
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: That neighborhood right there, what's it like?
JOHN MACLELLAN: It's very tight, as you can see, with houses. I believe they're 50-foot lots, many two-family houses.
MR. WEINREB: Is it primarily residential or commercial?
JOHN MACLELLAN: I'd say 95 percent residential.
MR. WEINREB: When you were driving that night, it was -- when you got the BOLO, was it after midnight?
JOHN MACLELLAN: Yes, it was.
MR. WEINREB: Okay. Was there a lot of activity on the streets?
JOHN MACLELLAN: No, there wasn't.
MR. WEINREB: Was it noisy, quiet?
JOHN MACLELLAN: It was a pretty quiet night, yes.
MR. WEINREB: When you heard that the Mercedes had been pinged on Dexter Avenue, what did you do?
JOHN MACLELLAN: I immediately started heading that way.
MR. WEINREB: Can you show us maybe by drawing an arrow just which way you headed?
JOHN MACLELLAN: I was coming down Hazel. Yeah, I was coming from up here in this direction.
MR. WEINREB: Did you hear anything -- after you heard that the Mercedes had been pinged on Dexter Ave., did anything come over the radio from any fellow officer?
JOHN MACLELLAN: Yes; Officer Reynolds.
MR. WEINREB: What did he say?
JOHN MACLELLAN: He stated he was -- I'm not sure if he said he was on Dexter Ave. or close to Dexter Ave. He said, "I'm heading in that location."
MR. WEINREB: And then what?
JOHN MACLELLAN: I got on the air immediately and told him that we were told that there was a gun in the vehicle, he was taken at gunpoint. And I said, "I believe there's a gun in that vehicle. Please wait for backup before you take any action or pull it over."
MR. WEINREB: So you said that you started driving -- it looks like the arrow is pointing south on Dexter?
JOHN MACLELLAN: Yes.
MR. WEINREB: Okay. And did you eventually see the Mercedes that had been described?
JOHN MACLELLAN: Yes, I did. Officer Reynolds -- I saw Officer Reynolds' cruiser and I saw the vehicle in question in front of him.
MR. WEINREB: Okay. And did you see a third car in front of it at that time?
JOHN MACLELLAN: I did not.
MR. WEINREB: Okay. Were you aware there was even another car involved?
MR. WEINREB: What did you see happen next?
JOHN MACLELLAN: The vehicles in tandem, I saw the black Mercedes take a left-hand turn onto Laurel. Officer Reynolds was actually making the corner -- or right before making the corner, and I said, "Okay, Joe. I'm right behind you. Light them up."
MR. WEINREB: What does that mean, "light them up"?
JOHN MACLELLAN: What I meant in that was to turn on your lights, let them know we're behind you, and let them know, you know, we want to talk to you. Pull the vehicle to the side of the road.
MR. WEINREB: All right. So "light them up," that's police lingo for activate your flashing blue lights?
JOHN MACLELLAN: That's what I used that night, yeah.
MR. WEINREB: Okay. Now, when you see the vehicles turn left onto Laurel, can you draw an arrow to show which way they turned?
JOHN MACLELLAN: Sure. (Indicating)
MR. WEINREB: Did Officer Reynolds ever have time to turn on his lights?
JOHN MACLELLAN: He did not.
MR. WEINREB: I'm going to enlarge that little section there. So this section of Laurel Street that's now highlighted in the middle of the map, there are houses on both sides of the street?
JOHN MACLELLAN: Yes, there is.
MR. WEINREB: And are those just homes where people live?
JOHN MACLELLAN: Yes.
MR. WEINREB: Do you know some of the people who live on that street?
JOHN MACLELLAN: Excuse me?
MR. WEINREB: Have you come to know in the course of investigating this case some of the people who live on the two sides of that street?
JOHN MACLELLAN: Yes.
MR. WEINREB: What happened after you saw the cars turn onto Laurel?
JOHN MACLELLAN: When I came around the corner, Officer Reynolds either was already in reverse or was putting his vehicle into reverse, backing up. And I looked further down in front of him and I saw someone firing a weapon at him.
MR. WEINREB: How far away was the car that was -- well, you say -- so you saw Officer Reynolds. His car was stopped or he was still backing up?
JOHN MACLELLAN: I can't be positive. I can't be positive about it.
MR. WEINREB: And did you see the Mercedes?
JOHN MACLELLAN: I did.
MR. WEINREB: Where was it?
JOHN MACLELLAN: It was -- it wasn't pulled over totally to the side of the street; it was a little further out, and the driver's side door was open.
MR. WEINREB: And using your -- can you show us again, just so we're all clear, which way you turned onto Laurel?
JOHN MACLELLAN: (Witness indicates.)
MR. WEINREB: And which way was the Mercedes pointing?
JOHN MACLELLAN: The Mercedes was pointing this way.
MR. WEINREB: Okay. And do you know roughly where on this street the Mercedes had stopped?
JOHN MACLELLAN: I want to say right about here.
MR. WEINREB: So you drew -- you drew a point that appears to be about halfway between 61 Laurel and 55 Laurel. Is that accurate?
JOHN MACLELLAN: Yeah. I could probably do a little better if I had another view of it, but that's about the area it was.
MR. WEINREB: So its headlights were pointing east. Is that right?
JOHN MACLELLAN: Right. Away from Dexter Ave. Yeah, east. Yes.
MR. WEINREB: And the shooter -- or shooters, were they --
MR. WATKINS: Objection.
THE COURT: Overruled. It may stand.
Go ahead.
BY MR. WEINREB:
MR. WEINREB: On which side of the Mercedes were they positioned?
MR. WATKINS: Objection to the "they," your Honor.
THE COURT: Yeah. Rephrase that.
MR. WEINREB: All right.
BY MR. WEINREB:
MR. WEINREB: How many people did you see?
JOHN MACLELLAN: At this time I saw one.
MR. WEINREB: All right. And as time went on did you see more than one?
JOHN MACLELLAN: Yes.
MR. WEINREB: And on which side of the vehicle were they positioned?
MR. WATKINS: Objection again to the "they."
THE COURT: Overruled.
Go ahead.
JOHN MACLELLAN: At different times they were in different positions. They moved around a lot. They were in front of the car, to the side of the car, depending on what they were doing. They were moving around.
BY MR. WEINREB:
MR. WEINREB: When you say "they were in front of the car," does that mean in front of the Mercedes is -- facing the front of the Mercedes?
JOHN MACLELLAN: Yes. They were on the east side of the vehicle. The car was facing east and they were furthest away from us because the car was -- they were in the front of it, but behind it as we're looking at it.
MR. WEINREB: Were the headlights of the Mercedes on?
JOHN MACLELLAN: Yes.
MR. WEINREB: Was it shining on them?
JOHN MACLELLAN: Yes.
MR. WEINREB: Your car -- when you turned onto Laurel, Sergeant, where was Officer Reynolds' car?
JOHN MACLELLAN: When I turned onto Laurel?
MR. WEINREB: Well, did his car eventually come to a stop?
JOHN MACLELLAN: It did.
MR. WEINREB: And where did it come to a stop?
JOHN MACLELLAN: I believe right about here.
MR. WEINREB: Okay. Which direction was it pointing?
JOHN MACLELLAN: Still facing east. He put it in reverse and shot back.
MR. WEINREB: Were his headlights on?
JOHN MACLELLAN: Yes.
MR. WEINREB: Were they pointing down at the suspects?
JOHN MACLELLAN: Yes.
MR. WEINREB: Can I have Exhibit 772 for identification, please?
MR. WEINREB: Sergeant MacLellan, do you recognize this?
JOHN MACLELLAN: Yes, I do.
MR. WEINREB: What is this?
JOHN MACLELLAN: This is also a version of the overhead, Dexter at Laurel.
MR. WEINREB: Does it appear to be a fair and accurate diagram of that area?
JOHN MACLELLAN: Yes.
MR. WEINREB: The government offers 772.
MR. WATKINS: No objection.
(Government Exhibit No. 772 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: So I'm going to highlight a portion of this. So is this that same street we were just looking at, only this time it's a graphic representation instead of the photograph?
JOHN MACLELLAN: Yes, it is.
MR. WEINREB: All right. What did you do after turning onto Laurel Street?
JOHN MACLELLAN: As I turned onto Laurel Street, I was a little past the stop sign, probably right about here.
MR. WEINREB: You're indicating just right by the -- you're showing through a marking that you turned from Dexter onto Laurel and stopped just beyond the stop sign right at the beginning of the street?
JOHN MACLELLAN: Right.
MR. WEINREB: Laurel Street?
JOHN MACLELLAN: Yes.
MR. WEINREB: Yes. Then what?
JOHN MACLELLAN: Officer Reynolds was in reverse, and I believe as he was in reverse he yelled into the mic, "Shots fired." We had -- the dispatcher said, "Sergeant, can you repeat that?" And I repeated it three times: "Shots fired. Shots fired. Shots fired."
MR. WEINREB: Could you hear shots being fired?
JOHN MACLELLAN: Yes.
MR. WEINREB: Then what happened?
JOHN MACLELLAN: I went to put my vehicle in park and I took a round through the windshield, got sprayed with glass. And I knew, okay. We're being fired upon.
MR. WEINREB: So a bullet came through your windshield?
JOHN MACLELLAN: Yes.
MR. WEINREB: Did it hit you?
MR. WEINREB: What did you do then?
JOHN MACLELLAN: I was -- I took -- I opened my driver's side door, using it for cover, and I tried to get down under -- as low as I could under the motor part of the vehicle to try to shield myself as much as possible, and I was trying to retrieve my rifle.
MR. WEINREB: Were you able to get your rifle?
JOHN MACLELLAN: No, I wasn't.
MR. WEINREB: What did you do then?
JOHN MACLELLAN: I made a decision I could -- I heard the bullets hitting my vehicle. I had no line of sight towards the suspects. I wasn't sure if they were advancing. I made the decision to jump up in the seat and put it in drive, and my thinking at the time was to let the vehicle go, cause a diversion. Maybe I could gain some time, try to figure out how many suspects we had. And I let the vehicle go, and I stepped to the side of it and used it as cover as it was rolling, and I tried to throw some rounds down range.
MR. WEINREB: And "throw some rounds down range," is that police talk for shoot your gun towards the suspects?
JOHN MACLELLAN: Yes, I was. Yes.
MR. WEINREB: What did Officer Reynolds do?
JOHN MACLELLAN: At this time I'm not sure exactly what he was doing. I believe he was a little behind me. The vehicle was traveling. I believe he was behind my vehicle. The vehicle rolled a little, and I was following it down the street.
MR. WEINREB: As your cruiser was rolling down the street and you were taking cover behind it, were shots being fired?
JOHN MACLELLAN: Yes.
MR. WEINREB: At you?
JOHN MACLELLAN: Yes.
MR. WEINREB: And were you firing back?
JOHN MACLELLAN: Yes.
MR. WEINREB: Using your finger, can you show us the path that your car took as it moved down the street?
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: That's fine.
JOHN MACLELLAN: Right down the gutter line, and I believe it stopped right -- I believe that -- I'm not sure if it's this house or this house now, but right across from where the -- it landed straight across from where the suspect vehicle was.
MR. WEINREB: So that final arrow that you drew -- can you now just make an X or a dot where the Mercedes was?
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: I'm going to clear this so we have a little better view. How far down the street did you make it behind your car before you took other cover?
JOHN MACLELLAN: If you could see this driveway right here, and there's a tree, I -- that's where I fired most of my rounds from. It was my only cover at the time. There was plenty of concealment, there was a plastic fence there and whatnot, but I figured that tree might be able to stop some rounds, so I got behind that.
MR. WEINREB: Okay. So looking at the north side of the street, at the time you took cover behind that tree, how many house lengths were you away from the Mercedes where the shots were being fired?
JOHN MACLELLAN: On my side of the street, it looks like two, and on the suspect's side, it looks like three.
MR. WEINREB: In addition to taking fire from -- having shots fired at you, did anything else come your way?
JOHN MACLELLAN: Yes.
MR. WEINREB: What?
JOHN MACLELLAN: Throwing explosives.
MR. WEINREB: So can you describe that? What was the first thing of that nature that occurred?
JOHN MACLELLAN: The first one landed on the other side of my cruiser. As I said, I had an SUV. It did explode. It really wasn't that impressive. I actually think I said over the air that I think they're throwing M-80s at us. I think that was my first thought.
MR. WEINREB: How far away from you did that one explode?
JOHN MACLELLAN: I can't be sure. I know it was -- the vehicle was in front of me. I'm thinking it was probably right about here when it went off, and the device was in front of that.
MR. WEINREB: Could you see which of the two suspects threw that bomb at you?
JOHN MACLELLAN: I didn't that time, no. I didn't -- I didn't -- it went off without me even seeing anyone throw it.
MR. WEINREB: Was there another bomb?
JOHN MACLELLAN: Yes.
MR. WEINREB: Okay. Tell us about the second bomb.
JOHN MACLELLAN: There was -- once the Mercedes went down the street, I'm trying to look down and see how many suspects we have. I saw two and what I thought was -- they were both engaged in the vehicle.
MR. WEINREB: So the two suspects who you saw down the street, could you -- what differences in their size or shape or clothing or anything else did you notice between them?
JOHN MACLELLAN: I noticed one was bigger than the other and they had different styles of when they were throwing the devices. And that's how I tried to keep them straight in my head.
MR. WEINREB: All right. What were their different styles of throwing devices?
JOHN MACLELLAN: One was -- if you don't mind me standing.
MR. WEINREB: Not at all. Go ahead.
JOHN MACLELLAN: One was throwing like a baseball (indicating).
MR. WATKINS: Objection. If he could identify which one.
THE COURT: No, go ahead. You may get to that, but go ahead.
JOHN MACLELLAN: And the other ones were being thrown like a hook shot, over the head (indicating).
BY MR. WEINREB:
MR. WEINREB: Okay. Could you tell -- did each one have a distinctive style of throwing?
JOHN MACLELLAN: Yes, I believe so.
MR. WEINREB: Well, which one was throwing and in which way, which manner?
JOHN MACLELLAN: The bigger of the two gentlemen was throwing like a baseball and the skinnier of the two was throwing the hook shot.
MR. WEINREB: Who threw the second bomb at you?
JOHN MACLELLAN: I believe it was the smaller of the two.
MR. WEINREB: Did that one explode?
JOHN MACLELLAN: I don't think that one went off. Again, I've got a little trouble with this from the beginning with the number of them that were thrown. Either the second one was the dud or the third one was the dud. But either the second or the third one, the one that did go off, was thrown by the same people, second and third. Second, same person. One went off, one didn't.
MR. WEINREB: Okay. So the one you identified as the skinnier one, he threw both the second and the third bombs?
JOHN MACLELLAN: Yes.
MR. WEINREB: Do you see that person in the courtroom today?
JOHN MACLELLAN: I do.
MR. WEINREB: Where is he?
JOHN MACLELLAN: The gentleman in the black blazer with the tan.
MR. WEINREB: Let the record reflect the identification of the defendant.
THE COURT: All right.
BY MR. WEINREB:
MR. WEINREB: When the third one -- the third bomb exploded, how far away from you was it?
JOHN MACLELLAN: A little over 20 feet. Twenty to 22 feet away.
MR. WEINREB: How loud was it?
JOHN MACLELLAN: It was incredible. It was horrendous. Very loud. I had to re-holster my weapon to be able to straighten my head to be able to see.
MR. WEINREB: What else did you notice?
JOHN MACLELLAN: A lot of debris -- debris raining down. For some reason I thought shingles were coming off houses, but it was just stuff landing all around us, smoke, car alarms going off, people screaming.
MR. WEINREB: I want to show you some photos to get a better sense of the defendant's location.
MR. WEINREB: Can we have Exhibit 1522 for identification, please.
MR. WEINREB: Do you recognize this photo?
JOHN MACLELLAN: Yes, I do.
MR. WEINREB: What -- is it -- what do you see in that photo?
JOHN MACLELLAN: What I believe are the two suspects crouched behind -- well, in front of the Mercedes but from my view, behind the Mercedes.
MR. WEINREB: And based on your observations that night, is this a fair and accurate photo?
JOHN MACLELLAN: Yes, that would be.
MR. WEINREB: The government offers 1522.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 1522 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Sergeant MacLellan, the house that is directly behind where the suspects are standing, do you see that in the photo?
JOHN MACLELLAN: Not in this.
MR. WEINREB: Well, I'll circle -- I'm talking about this house right here.
JOHN MACLELLAN: Yeah. It's very dark but I can see the windows.
MR. WEINREB: Do you know what the material is on the front of that house? Is it wood, is it brick?
JOHN MACLELLAN: It's definitely not brick. I would say it's either wood or vinyl.
MR. WEINREB: Okay. And then here in between the house, that house and the house to its right --
JOHN MACLELLAN: Do you mind if I stand? I can't see it sitting down. Okay. Yeah, I do see that.
MR. WEINREB: That's like a white fence?
JOHN MACLELLAN: Yeah, it looks like a plastic --
THE COURT: You may also be able to move the tilt of the monitor if that helps you.
JOHN MACLELLAN: There you go. Thank you, sir.
BY MR. WEINREB:
MR. WEINREB: So what's that inside the circle I've just drawn just to the right of the house?
JOHN MACLELLAN: It looks like a fence and maybe a gate, but definitely a fence.
MR. WEINREB: Okay. All right. And the house that's next over to the house, what's the facing of this house?
JOHN MACLELLAN: It looks like brick. Brick on the bottom with either wood or, again, vinyl on the top.
MR. WEINREB: Can we have Exhibit 1532 for identification.
MR. WEINREB: Do you recognize this?
JOHN MACLELLAN: Yes, I do.
MR. WEINREB: What is that a picture of?
JOHN MACLELLAN: That's a picture of Laurel Street facing -- as I look at it, facing east, towards Boston.
MR. WEINREB: Is this the same direction that, when you turned onto Laurel Street, the direction you were facing?
JOHN MACLELLAN: Yes.
MR. WEINREB: Does it appear to be a fair and accurate photo of Laurel Street during the daytime?
JOHN MACLELLAN: Yes.
MR. WEINREB: The government offers 1532.
MR. WATKINS: No objection.
THE COURT: All right.
(Government Exhibit No. 1532 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Sergeant MacLellan, do you see the white piece of fence I've just circled?
JOHN MACLELLAN: Yes, sir, I do.
MR. WEINREB: Is that the same fence that you just identified in the previous photo?
JOHN MACLELLAN: Yes, it is.
MR. WEINREB: And this house that I just circled, if you were facing that fence, would be just to the left?
JOHN MACLELLAN: Yes, sir.
MR. WEINREB: Is that the house with the wooden front that you just circled?
JOHN MACLELLAN: Yes.
MR. WEINREB: You just identified. Okay. And you see the streetlight that I just circled?
JOHN MACLELLAN: Yes, I do.
MR. WEINREB: Was that on that night?
JOHN MACLELLAN: Yes.
MR. WEINREB: Was it illuminating the two individuals who were standing in front of the Mercedes?
JOHN MACLELLAN: Yes, it would be lighting up the area. Yes.
MR. WEINREB: I'm going to show you three photos now, Exhibits 1530, 1531 and 1533 just for identification. So that's 1530. Do you recognize that?
JOHN MACLELLAN: Yes.
MR. WEINREB: And then 1531, do you recognize that?
JOHN MACLELLAN: Yes, I do.
MR. WEINREB: 1533. Are these all fair and accurate representations of Laurel Street as you were just sort of driving down it in the direction that we were just looking down it?
JOHN MACLELLAN: Yes.
MR. WEINREB: The government offers those exhibits.
MR. WATKINS: I'd object on relevance grounds.
THE COURT: Overruled. They may be admitted.
(Government Exhibit Nos. 1530, 1531 and 1533 received into evidence.)
MR. WEINREB: If we could go back to 1530, please.
BY MR. WEINREB:
MR. WEINREB: What is this a picture of?
JOHN MACLELLAN: This is the corner that the suspects, then my -- Officer Joe Reynolds and myself took the left from Dexter onto Laurel. That's the corner.
MR. WEINREB: You mentioned earlier that you -- when you got out of your car and let it roll, you were just past a stop sign. Is that correct?
JOHN MACLELLAN: Yeah, I believe somewhere -- somewhere in that area, yes.
MR. WEINREB: Okay, sir. Do you see the stop sign?
JOHN MACLELLAN: Yes.
MR. WEINREB: Can you circle it, please?
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: Okay. So that's the stop sign that we see almost in the center of the photo?
JOHN MACLELLAN: Yes.
MR. WEINREB: Towards the bottom? Later on you said you took cover behind a tree. Do you see that tree?
JOHN MACLELLAN: I do.
MR. WEINREB: Could you circle that, please?
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: Okay. If, instead of tapping the screen, you just put your finger down on it firmly and then make a circle, you'll be able to circle.
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: There you go.
MR. WEINREB: Could we have 1531, please?
MR. WEINREB: Where's the tree now?
JOHN MACLELLAN: (Witness indicates.)
MR. WEINREB: And where's the house that the Mercedes was in front of?
JOHN MACLELLAN: Right about here, but on the street, obviously.
MR. WEINREB: If we could have 1533, please.
MR. WEINREB: Okay. The tree we see on our left, is that the tree?
JOHN MACLELLAN: That's the tree, yes.
MR. WEINREB: Okay. And this streetlight that I'm circling, is that where the Mercedes was?
JOHN MACLELLAN: Yes. I believe a little past that, but right in that area, yes.
MR. WEINREB: Exhibit 775 for identification, please.
MR. WEINREB: This diagram is a little different from the one I showed you earlier because there's some cars pictured in it. Do you see that?
JOHN MACLELLAN: Yes, I do, sir.
MR. WEINREB: I'm going to highlight that. Do you see Officer Reynolds' car?
JOHN MACLELLAN: Yes, I do.
MR. WEINREB: Do you see the -- do you see your cruiser, where it stopped?
JOHN MACLELLAN: Yes.
MR. WEINREB: All right. The -- do you see the Mercedes in this photo, in this diagram?
JOHN MACLELLAN: No, I don't.
MR. WEINREB: All right. But was there another car on the street in addition to the Mercedes?
JOHN MACLELLAN: Yes.
MR. WEINREB: What was that?
JOHN MACLELLAN: That was a Honda.
MR. WEINREB: Are these -- and do you see the Honda, the green Honda?
JOHN MACLELLAN: I do.
MR. WEINREB: All right. Are these cars positioned in the places that they were in when they were all at rest on that evening?
JOHN MACLELLAN: Yes. It looks almost exactly but without the Mercedes being there.
MR. WEINREB: The government offers 775.
MR. WATKINS: I'm going to object as an exhibit. I think it does -- it's fine to show it to the viewer as a chalk, but we would object to it as being admitted.
THE COURT: I think it can be admitted.
Would you get the appropriate time frame for this?
(Government Exhibit No. 775 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: So you testified earlier that your cruiser came to rest almost directly across from the Mercedes. Is that right?
JOHN MACLELLAN: Yes.
MR. WEINREB: And did there come a time when the Mercedes left the scene?
JOHN MACLELLAN: Yes.
MR. WEINREB: Did the Honda leave the scene?
MR. WEINREB: Did your cruiser stay where it had stopped?
JOHN MACLELLAN: Yes.
MR. WEINREB: At that time, is this a fair and accurate representation of where all the cars were?
JOHN MACLELLAN: Yes.
MR. WEINREB: Please circle Officer Reynolds' cruiser.
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: All right. And please circle your cruiser.
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: All right. So for Officer Reynolds' cruiser, you've circled the one alongside the right hand of this street in front of three cars that are parked all facing it, and for yours, it's on the left-hand side of the street as you look eastward, and there are a bunch of cars in a driveway facing it. Is that correct?
JOHN MACLELLAN: That is correct.
MR. WEINREB: And please circle the green Honda.
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: Now, you've circled a green car that's in the middle of the street. And then again, please circle the tree that you were taking cover behind.
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: So you've circled the tree that is just to the right of a blue car that's parked in a driveway towards the entrance of Laurel Street?
JOHN MACLELLAN: Yes, sir.
MR. WEINREB: I'm going to erase these circles now. Can you point out where you believe the first bomb exploded that was thrown at you?
JOHN MACLELLAN: Circle it or just point to it?
MR. WEINREB: Sorry?
JOHN MACLELLAN: Circle it or just point to it?
MR. WEINREB: If you would just point to it.
JOHN MACLELLAN: Right about there (indicating).
MR. WEINREB: And then you said the defendant threw a second bomb at you. Where did that one land?
JOHN MACLELLAN: They're all in a very tight, uh...
MR. WEINREB: And you said the defendant threw a third bomb. Where did that one land?
JOHN MACLELLAN: (Witness indicates.)
MR. WEINREB: Okay. So you've indicated all those bombs landed more or less in the street just south of the tree that you were taking cover behind?
JOHN MACLELLAN: Yes.
MR. WEINREB: During the time that these bombs were being thrown at you, were shots also being fired at you at the same time?
JOHN MACLELLAN: Yes.
MR. WEINREB: Could you tell if Tamerlan Tsarnaev was shooting at you and Officer Reynolds?
JOHN MACLELLAN: I believe so. To me, there were simultaneous flashes coming towards us.
MR. WEINREB: Explain what you mean by that.
JOHN MACLELLAN: Like, we were told not to talk to anyone until we did our interview, and I said in my interview -- they said --
MR. WEINREB: I don't want to hear what you said before in your interview. Just tell us what you remember now.
JOHN MACLELLAN: I remember that there was two handguns being shot at me.
MR. WEINREB: What made you believe there were two handguns being shot at you?
JOHN MACLELLAN: Because I saw simultaneously two flashes or two -- what I thought were muzzle flashes -- at the same time.
MR. WEINREB: Okay. Is it possible that one of the muzzle flashes you saw was something else?
JOHN MACLELLAN: It is possible.
MR. WEINREB: What else could it have been?
JOHN MACLELLAN: A lighter lighting the --
MR. WATKINS: Objection.
THE COURT: Overruled.
JOHN MACLELLAN: A lighter.
BY MR. WEINREB:
MR. WEINREB: Please continue.
JOHN MACLELLAN: A lighter lighting the explosives.
MR. WEINREB: Do you have any idea how many rounds were fired at you?
JOHN MACLELLAN: At me?
MR. WEINREB: Or at -- by the suspects towards you.
JOHN MACLELLAN: I don't know that, no.
MR. WEINREB: Dozens?
MR. WATKINS: Objection.
THE COURT: Overruled.
JOHN MACLELLAN: That night I thought it was hundreds but, yeah, dozens, absolutely.
BY MR. WEINREB:
MR. WEINREB: Did there come a time when Sergeant Pugliese arrived on the scene?
JOHN MACLELLAN: Yes.
MR. WEINREB: Actually, before I ask you about Sergeant Pugliese, the bomb you said that went off that created the gigantic boom, were additional bombs thrown after that?
JOHN MACLELLAN: Yes.
MR. WEINREB: Did they explode?
JOHN MACLELLAN: Some -- two did not explode, the rest did.
MR. WEINREB: So of all the bombs that were thrown, a total of two did not explode and all the rest exploded?
JOHN MACLELLAN: Correct.
MR. WEINREB: When Sergeant Pugliese arrived on the scene, what happened?
JOHN MACLELLAN: Again, I was facing the suspects. I heard him call out over the radio.
MR. WEINREB: Who's "him"?
JOHN MACLELLAN: Sergeant Pugliese. I heard him call out. The next time I saw him, he was coming up the middle of the street behind one of our suspects.
MR. WEINREB: Which one?
JOHN MACLELLAN: The older brother.
MR. WEINREB: What happened?
JOHN MACLELLAN: I was standing in the middle of the street. I had an empty weapon at the time but the suspect didn't know that. I was giving him commands, "Get on the ground." He had nothing in his hands. My thought was he was strapped with explosives. I was telling him to get on the ground; I didn't want him to get near me. He was coming closer. Sergeant Pugliese put his hand on his shoulder, and he collapsed in the middle of the ground -- in the middle of the street.
MR. WEINREB: What did you do?
JOHN MACLELLAN: Well, I immediately told him, "Get off him. Bombs. Get off him. Get off him. Get off him. Get off him." He said, "No, we have got to cuff him. We have got to cuff him." And I jumped on top and tried to help him.
MR. WEINREB: Did he turn out to be strapped with any explosives?
JOHN MACLELLAN: No, he did not.
MR. WEINREB: Did you cuff him at that time?
JOHN MACLELLAN: We attempted to.
MR. WEINREB: Did something else happen?
JOHN MACLELLAN: Yes.
MR. WEINREB: What happened to prevent you from cuffing him?
JOHN MACLELLAN: I was yelling out commands. As we were trying to ascertain if he had anything on him and trying to get his hands, I was yelling out, "You still got someone down range. Watch down range. Watch down range." And almost immediately I heard, "Sarge, here he comes. Here he comes."
MR. WEINREB: Who are you referring to?
JOHN MACLELLAN: The defendant.
MR. WEINREB: What was he doing?
JOHN MACLELLAN: He was in the Mercedes now. You could hear the grinding of gears. You could hear that the vehicle was turning around. I looked up and it was coming towards us.
MR. WEINREB: How fast was it coming?
JOHN MACLELLAN: Very fast. My guess is 35, 40 miles an hour.
MR. WEINREB: What happened?
JOHN MACLELLAN: I told Sergeant Pugliese to disengage. I told him, "Get off him. Get off him. Here he comes." I pushed off and the vehicle struck the suspect and what I thought struck Sergeant Pugliese. It was a very violent -- the car was jumping back and forth. The body got stuck up under the wheels. And as it passed, I saw Sergeant Pugliese there, I asked him, "Are you all right?" He said, "I'm okay." The vehicle continued on. As I said, it was bouncing back and forth. It struck the front quarter-panel of the -- Officer Reynolds' vehicle, 465.
MR. WEINREB: What happened to -- the suspect who was caught up under the Mercedes, was that Tamerlan Tsarnaev?
JOHN MACLELLAN: Yes, it was.
MR. WEINREB: What happened to him when the defendant struck Officer Reynolds' car?
JOHN MACLELLAN: He was -- the body was pushed out from underneath the car. It released the body from underneath the car.
MR. WEINREB: What happened to the Mercedes -- what did the defendant do at that point?
JOHN MACLELLAN: Continued on past Laurel Street through the intersection and just straight -- straight -- down Laurel, crossing, there's another intersection. And it was just gone.
MR. WEINREB: Can you show us here which direction the Mercedes went after it drove past Officer Reynolds' car?
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: So just continued going straight?
JOHN MACLELLAN: Yes, sir.
MR. WEINREB: What happened after the defendant escaped in the Mercedes?
JOHN MACLELLAN: I was told -- there was a lot of commotion. As I said, there was people screaming, there was car alarms going off. It was very hectic. And I heard, "Sarge, one of ours is down. One of ours is down. We need help."
MR. WEINREB: What did you do?
JOHN MACLELLAN: I ran to where they said the officer was down, which I believe is right here in this -- right here in this driveway
(indicating).
MR. WEINREB: All right. So you're -- you've indicated the driveway on the southwest corner of Laurel and Dexter?
JOHN MACLELLAN: Correct.
MR. WEINREB: What did you see when you got there?
JOHN MACLELLAN: I saw one of my officers, Officer Menton, holding, I guess, a wound. He said, "Sarge, I can't get a tourniquet on it. I can't stop the bleeding." As he moved his hand, you could see the blood squirting out. I said, "Timmy, concentrate. Get your hand on that. Do the best you can," and I called for an ambulance.
MR. WEINREB: And "Timmy" is Timothy Menton, the officer?
JOHN MACLELLAN: Officer Menton.
MR. WEINREB: Did the ambulance arrive?
JOHN MACLELLAN: It did.
MR. WEINREB: Can we have Exhibit 1525 for identification.
MR. WEINREB: Do you recognize this photo?
JOHN MACLELLAN: Yeah. Yes, I do.
MR. WEINREB: All right. What does it appear to be?
JOHN MACLELLAN: I believe that's the Mercedes now facing west. And that dark -- right here, that dark spot in the middle, I believe, is myself, Sergeant Pugliese, and the older brother on the ground. I was trying to effect the arrest.
MR. WEINREB: I'm going to circle -- is this the street lamp you mentioned earlier that I just circled in red?
JOHN MACLELLAN: Yes, it is.
MR. WEINREB: And these cars here at the end of the street facing the Mercedes, what are those cars?
JOHN MACLELLAN: The first one I would believe, I would think, is Officer Reynolds' car, the first two headlights, here and here. And the one behind that I would believe would be another cruiser that's further out into the intersection. It might have been an MBTA cruiser.
MR. WEINREB: The government offers 1525.
MR. WATKINS: Your Honor, I'm going to object to it getting in through this witness. He did not take it. I think what he said was "I believe" certain aspects to it.
THE COURT: I think it's sufficient. I'll admit it.
(Government Exhibit No. 1525 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: So please circle again the -- you said what appears to be the -- you and the other officers with Tamerlan Tsarnaev.
JOHN MACLELLAN: (Witness complies.)
THE COURT: Just to avoid confusion, could you move the cursor? Thank you.
MR. WEINREB: So you've drawn a circle in the middle -- roughly in the middle of the photograph closer to the top than to the bottom. And then circle what appears to be Officer Reynolds' cruiser.
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: So you've circled a cruiser with its headlights pointed straight at that clump of people?
JOHN MACLELLAN: Yes.
MR. WEINREB: Can we have Exhibit 1527 for identification, please.
MR. WEINREB: Do you recognize that?
JOHN MACLELLAN: Yes, I do.
MR. WEINREB: What is that?
JOHN MACLELLAN: That's Officer Reynolds' vehicle, 465.
MR. WEINREB: Is that a fair and accurate representation of how it looked that night?
JOHN MACLELLAN: Yes.
MR. WEINREB: The government offers 1527.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 1527 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: The front door of that cruiser is open, correct?
JOHN MACLELLAN: Yes, it is.
MR. WEINREB: Which portion of that car was struck by the defendant when he hit it with the Mercedes?
JOHN MACLELLAN: It would be right behind that door. I believe the door is open. To open the latch -- he had to get at his oxygen bag and his medical kit to help. He went right from the gun fight -- Officer Reynolds went right from the gun fight to over to where Officer Dic Donohue was to help render aid.
MR. WEINREB: There's some apparent fluid here on the street. Do you know what that is?
JOHN MACLELLAN: I believe that would be the suspect's blood.
MR. WEINREB: Which suspect?
JOHN MACLELLAN: The older brother.
MR. WEINREB: Go back.
MR. WEINREB: The cruiser, where is it parked in relation to the -- this sidewalk?
JOHN MACLELLAN: It looks like it might be up on the sidewalk a bit. There is no curbing in that -- on that section of that street. When Officer Reynolds was coming back, he had his head down and he just was trying to get back as far as he could. And I believe he came up on the sidewalk of it.
MR. WEINREB: Okay. Do you see in this photo the street lamp that we referred to earlier that was over the Mercedes?
JOHN MACLELLAN: Yes.
MR. WEINREB: Can you circle it, please?
JOHN MACLELLAN: Sure (indicating).
MR. WEINREB: So you've circled the street lamp that's almost up against the left-hand side of the photo. And can you circle for us where the struggle took place with -- where Sergeant Pugliese -- you said he put his hand on Tamerlan Tsarnaev and he collapsed. Where did that happen?
JOHN MACLELLAN: You can almost -- you can see the drag marks, so wherever it stops. I believe it's right here, is where I believe it was
(indicating).
MR. WEINREB: So is that also nearly by the sidewalk?
JOHN MACLELLAN: Yeah, to me it looks like it comes to an angle, more out to the middle of the street but to the -- we weren't in the middle of the street but we were -- it looks like -- I feel that we were closer out to the middle than that far over to the side.
MR. WEINREB: When the Mercedes drove at you and Sergeant Pugliese and Officer Reynolds, could the defendant have avoided you just by driving to the right?
JOHN MACLELLAN: Yes.
MR. WATKINS: Objection.
THE COURT: Overruled.
BY MR. WEINREB:
MR. WEINREB: Could you repeat your answer?
JOHN MACLELLAN: Yes.
MR. WEINREB: So there was -- was there ample room for him to get by you?
MR. WATKINS: Objection.
THE COURT: Overruled.
JOHN MACLELLAN: Yes.
MR. WEINREB: Exhibit 776 for the witness, please.
BY MR. WEINREB:
MR. WEINREB: Do you recognize that?
JOHN MACLELLAN: Yes.
MR. WEINREB: What's that?
JOHN MACLELLAN: That's one of the explosives that were thrown at me that did not explode.
MR. WEINREB: Is that a fair and accurate picture of what it looked like that night on the street?
JOHN MACLELLAN: Yeah. Yeah. Yes, it is.
MR. WEINREB: The government offers 776.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 776 received into evidence.)
MR. WEINREB: Could we have 777 for identification, please.
BY MR. WEINREB:
MR. WEINREB: Do you recognize that?
JOHN MACLELLAN: Yeah.
MR. WEINREB: What is it?
JOHN MACLELLAN: That's the other one that did not go off.
MR. WEINREB: The other pipe bomb that didn't explode?
JOHN MACLELLAN: Yes.
MR. WEINREB: Is that a fair and accurate picture of what it looked like on the street that night?
JOHN MACLELLAN: Yes, it is.
MR. WEINREB: The government offers 777.
MR. WATKINS: No objection.
(Government Exhibit No. 777 received into evidence.)
MR. WEINREB: 845 for identification, please.
BY MR. WEINREB:
MR. WEINREB: Do you recognize that?
JOHN MACLELLAN: Yes.
MR. WEINREB: What is that?
JOHN MACLELLAN: That's a better picture of the one that was -- the pipe bomb that was just in the middle of the street.
MR. WEINREB: The government offers 845 -- I'm sorry. That's 845 for identification. The government offers it.
MR. WATKINS: No objection.
(Government Exhibit No. 845 received into evidence.)
MR. WEINREB: Mr. Bruemmer, can I please have Exhibit 948-7 for identification.
BY MR. WEINREB:
MR. WEINREB: Do you recognize that photo?
JOHN MACLELLAN: Yes.
MR. WEINREB: What's that?
JOHN MACLELLAN: That's my cruiser. That's my -- that's my cruiser.
MR. WEINREB: It might help if you talked a little more into the microphone.
JOHN MACLELLAN: I'm sorry. That's my cruiser.
MR. WEINREB: Where is it?
JOHN MACLELLAN: That's in its final resting place across from where the suspect's vehicle would be.
MR. WEINREB: This photo, was this taken the following day?
JOHN MACLELLAN: I believe so.
MR. WEINREB: Is it a fair and accurate representation of where your cruiser landed?
JOHN MACLELLAN: Yes.
MR. WEINREB: The government offers 948-7.
MR. WATKINS: No objection.
THE COURT: All right.
(Government Exhibit No. 948-7 received into evidence.)
MR. WEINREB: 948-8 for identification, please.
BY MR. WEINREB:
MR. WEINREB: Do you recognize that?
JOHN MACLELLAN: Yes.
MR. WEINREB: What is that?
JOHN MACLELLAN: That's a picture of my cruiser and the area where the Watertown police were shooting from, looking back, the tree from where I was shooting from with the white flowers on it.
MR. WEINREB: The government offers 948-8.
MR. WATKINS: No objection.
(Government Exhibit No. 948-8 received into evidence.)
THE COURT: You don't have it?
MR. WEINREB: No.
THE COURT: For some reason there's a delay.
BY MR. WEINREB:
MR. WEINREB: So the tree you just mentioned that you were taking cover behind, can you circle it?
JOHN MACLELLAN: Yes, sir.
MR. WEINREB: Okay. And you've circled a tree on the right-hand side of this street, the only one we see. In April of 2013, did that tree have any leaves on it?
JOHN MACLELLAN: Flowers. I don't believe it had -- I don't believe it has leaves, no.
MR. WEINREB: Exhibit 948-285 for identification, please.
MR. WEINREB: What's that a picture of?
JOHN MACLELLAN: That's still a picture of my cruiser.
MR. WEINREB: Is that a fair and accurate picture?
JOHN MACLELLAN: Yes, it would be.
MR. WEINREB: The government offers 948-285.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 948-285 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Sergeant MacLellan, I'm circling what appears to be a bullet hole towards the left-hand side of the picture. Do you see that?
JOHN MACLELLAN: Yes, I do, sir.
MR. WEINREB: And I'm also circling a smashed window that's right directly in the center of the picture. Did that occur that night during the gun battle?
JOHN MACLELLAN: Yes.
MR. WEINREB: 948-174 for identification, please.
MR. WEINREB: Do you recognize that?
JOHN MACLELLAN: Yes, I do.
MR. WEINREB: What is that a picture of?
JOHN MACLELLAN: That's the round I took as I was putting my vehicle in park.
MR. WEINREB: The government offers 948-174.
MR. WATKINS: No objection.
(Government Exhibit No. 948-174 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Can you please circle the bullet hole that you just referred to and that you took as you put your vehicle in park?
JOHN MACLELLAN: (Witness complies.)
MR. WEINREB: You've circled what appears to be the only bullet hole in the windshield of that car.
MR. WEINREB: 948-187 for identification, please, and 948-178 and 948-179.
MR. WEINREB: Do you recognize what that series of pictures shows?
JOHN MACLELLAN: I believe it looks like a bullet that's in the back -- backseat of our 468 vehicle.
MR. WEINREB: And that's your car?
JOHN MACLELLAN: Yes.
MR. WEINREB: The government offers those three exhibits.
MR. WATKINS: No objection.
(Government Exhibit Nos. 948-187, 948-178 and 948-179 received into evidence.)
MR. WEINREB: Can we publish 948-177.
BY MR. WEINREB:
MR. WEINREB: And I'm going to circle an item towards the backseat there. Do you see that?
JOHN MACLELLAN: Yes.
MR. WEINREB: Is that the bullet you were referring to?
JOHN MACLELLAN: Yes.
MR. WEINREB: Can we have 948-178. And then 948-179.
Excuse me a moment.
(Counsel confer off the record.)
BY MR. WEINREB:
MR. WEINREB: Sergeant MacLellan, during the time that you were taking fire, could you tell whether it was Tamerlan Tsarnaev firing the gun, Jahar Tsarnaev firing the gun, or them taking turns or alternating?
JOHN MACLELLAN: I could not.
MR. WEINREB: You said that the first bomb that exploded sounded something like an M-80. What is an M-80?
JOHN MACLELLAN: I believe it's like a quarter stick of dynamite or an eighth of a stick of dynamite. I'm not sure of the exact size. It's a very loud explosion, but fireworks. It's fireworks, not -- I believe it was just behind the vehicle. And I didn't get -- the full vehicle just absorbed most of the -- most of the percussion, I imagine.
MR. WEINREB: Now, the explosion -- you said there was -- the second bomb that you saw the defendant throw that caused you to re-holster. Why did you re-holster?
JOHN MACLELLAN: My eyes were shaking violently in my head. I couldn't see. I couldn't see straight. And I was still being shot at and I was behind a plastic fence, and I was afraid I was going to get killed. I had to -- tactically it was a pretty poor decision to re-holster during a gun fight, but I couldn't see.
MR. WEINREB: And was that because of the force of the bomb that had just gone off near you?
JOHN MACLELLAN: Yeah.
MR. WEINREB: No further questions.
THE COURT: Are you going to be using your cart computer?
MR. WATKINS: I would like to, your Honor, yes.
CROSS-EXAMINATION BY MR. WATKINS:
MR. WATKINS: Good afternoon, Sergeant MacLellan.
JOHN MACLELLAN: Good afternoon, sir.
MR. WATKINS: I'm going to show you Government's Exhibit 775, which was that map that we looked at.
JOHN MACLELLAN: All right.
MR. WATKINS: When you were pointing out on this map, of course, the Mercedes was not on this map. Is that correct?
JOHN MACLELLAN: I don't have a picture.
THE COURT: Everybody should have it.
MR. WATKINS: Is it up there now?
JOHN MACLELLAN: I do have a picture, yes.
THE COURT: No?
BY MR. WATKINS:
MR. WATKINS: So on this map, we see the Civic and we see your cruiser --
MR. MELLIN: I don't believe the jury has it.
THE COURT: The jurors still aren't getting it.
JUROR: We've got it.
THE COURT: Okay. Go ahead.
BY MR. WATKINS:
MR. WATKINS: Sergeant MacLellan, you have it up?
JOHN MACLELLAN: Yes, I do, sir.
MR. WATKINS: And now the audience does too, so we're good to go. So now you see where you've marked the Civic and your cruiser?
JOHN MACLELLAN: Yes, I do.
MR. WATKINS: And the Mercedes during this period of time that you were testifying was back here also. Is that correct?
JOHN MACLELLAN: Yes, sir.
MR. WATKINS: It just wasn't shown on this particular map. Is that fair to say?
JOHN MACLELLAN: Yup. Yes.
MR. WATKINS: Also on this same map, I want to direct your attention over to this side where you talked about what happened after you heard "officer down." First, you heard "officer down" after the Mercedes had gone up Laurel Street on towards Spruce Street. Is that correct?
JOHN MACLELLAN: I can't be positive exactly when. I'm sorry. I can't be positive exactly when it happened.
MR. WATKINS: Well, you were out on the street with Tamerlan Tsarnaev, correct, having cuffed him?
JOHN MACLELLAN: Yes. Yes.
MR. WATKINS: And the Mercedes had gone by -- there were lots of gunshots as the Mercedes went by Laurel and Dexter, right?
JOHN MACLELLAN: Yes.
MR. WATKINS: And it's after that that you heard the "officer down" signal?
JOHN MACLELLAN: Again, I can't be positive, but I believe that's when it was, yes.
MR. WATKINS: Now, did you actually, yourself, go over to where Officer Donohue was?
JOHN MACLELLAN: Yes.
MR. WATKINS: And that was in the driveway, right?
JOHN MACLELLAN: That's where they were working on him, yes.
MR. WATKINS: Right. And the driveway we see here, we see 144 Dexter Avenue. Can you point that out?
JOHN MACLELLAN: Do you want me to circle it?
MR. WATKINS: Yeah.
JOHN MACLELLAN: Okay (indicating).
MR. WATKINS: And there is a driveway right next to 144 Dexter Avenue?
JOHN MACLELLAN: Yes.
MR. WATKINS: Right? And was it that driveway that you were working on Officer Donohue or where you saw people working on Officer Donohue?
JOHN MACLELLAN: That's possible. It's one of these two. Either one of those. I can't be positive. Looking at this picture, it does look like it's that one, yes.
MR. WATKINS: When you say "looks like that one" --
JOHN MACLELLAN: The smaller one of the two.
MR. WATKINS: All right. So where you said it was up here, now probably down here is more likely?
JOHN MACLELLAN: No. Originally I thought it was here, but I'm saying I can't be positive which one it is, which spot it is. I'd have to see it -- a real-time picture of it to be able to figure it out.
MR. WATKINS: You were shown Government's Exhibit 1522, which was this photo here?
MR. WATKINS: Could I now have the monitor just for the witness, please?
MR. WATKINS: I'm showing you what's marked for ID Defendant's Exhibit 3005. Do you see that photograph?
JOHN MACLELLAN: I do, sir.
MR. WATKINS: Does that fairly and accurately depict another moment of time?
JOHN MACLELLAN: That's fair to say, yes.
MR. WATKINS: Your Honor, I would seek to admit Defendant's Exhibit 3005.
MR. WEINREB: No objection.
THE COURT: Okay.
(Defense Exhibit No. 3005 received into evidence.)
BY MR. WATKINS:
MR. WATKINS: And you told us about the two figures there, one larger than the other, right?
JOHN MACLELLAN: Yes, I did say that.
MR. WATKINS: And in this particular photograph, the larger one is to the left?
JOHN MACLELLAN: I can't be sure from that photo. They're both pushed down. I can't say.
MR. WATKINS: Eventually you helped in apprehending Tamerlan Tsarnaev further on down Laurel Street, right?
JOHN MACLELLAN: Yes.
MR. WATKINS: Tamerlan Tsarnaev, when you tackled him, had a dark jacket on?
JOHN MACLELLAN: I can't remember. I can't remember what he was wearing exactly.
MR. WATKINS: Did you become aware that a weapon was recovered from the scene, a firearm?
JOHN MACLELLAN: When? When, sir?
MR. WATKINS: After the shootout a Ruger pistol was --
JOHN MACLELLAN: Yes. Yes.
MR. WATKINS: And you were also aware that a BB gun was recovered after?
MR. WEINREB: Objection, your Honor. This is all based on hearsay with this witness.
THE COURT: Go ahead.
BY MR. WATKINS:
MR. WATKINS: Did you become aware that a BB gun had been found at the scene?
JOHN MACLELLAN: I heard that, yes.
MR. WATKINS: And you would agree that a BB gun doesn't have a muzzle flash?
JOHN MACLELLAN: No, it does not.
MR. WATKINS: I have nothing further, your Honor.
MR. WEINREB: No further questions.
THE COURT: All right, Sergeant. Thank you. You may step down.
JOHN MACLELLAN: Thank you, sir.
(The witness is excused.)
THE COURT: Jurors, because of our schedule a little bit today we didn't take the midmorning break. Is everybody okay to keep going until about one o'clock? Do you need a break now? No? Okay. Good.
MR. CHAKRAVARTY: The government calls Sergeant Jeffrey Pugliese.