4.David Henneberry — Direct/Cross

MR. WEINREB: Good morning, Mr. Henneberry.

MR. WEINREB: Where do you live?

MR. WEINREB: How long have you lived there?

MR. WEINREB: Did you go to school in Watertown?

MR. WEINREB: Where did you go?

MR. WEINREB: What's your part of Watertown like?

MR. WEINREB: So mostly families or businesses?

MR. WEINREB: And what are the homes like? Are they single-family homes, apartment buildings?

MR. WEINREB: Do you work?

MR. WEINREB: Where did you work?

MR. WEINREB: In April 2013, did you own a boat?

MR. WEINREB: What kind?

MR. WEINREB: What kind of -- what powers that boat?

MR. WEINREB: What's an inboard engine?

MR. WEINREB: When you say it's mounted inside the boat, what portion of the boat, if you were just looking at it from the side, would it be in?

MR. WEINREB: And is it, like, above the level of the floor of the boat or is it sunk below it?

MR. WEINREB: It's raised up?

MR. WEINREB: And is it encased in something?

MR. WEINREB: Now, did you use the boat? Did you use the boat when you --

MR. WEINREB: A lot?

MR. WEINREB: And did you use it in the winter?

MR. WEINREB: So what would you do with it in the winter?

MR. WEINREB: What yard?

MR. WEINREB: In addition to having it shrink-wrapped, did you put anything else on it to protect it from the elements?

MR. WEINREB: What are chafing guards?

MR. WEINREB: So that you put paint rollers underneath the shrink-wrap?

MR. WEINREB: You said something about a zipper door?

MR. WEINREB: What did that let you do?

MR. WEINREB: Where was your boat on April 19th, 2013?

MR. WEINREB: Was it all shrink-wrapped as you described?

MR. WEINREB: Do you recall the events of April 19, 2013?

MR. WEINREB: What happened?

MR. WEINREB: You woke up on the morning of April 19th. Did you have some coffee?

MR. WEINREB: Did you notice anything unusual about your boat?

MR. WEINREB: When was the last time you had looked at the boat?

MR. WEINREB: So the last time you'd seen it before you'd woken up that morning, were the chafing guards on the ground?

MR. WEINREB: Was the shrink-wrap loose the last time you had looked at it before the morning of April 19th?

MR. WEINREB: So when you woke up in the morning and you saw that thing didn't look normal, did you go right out and investigate?

MR. WEINREB: Did you eventually go out to investigate?

MR. WEINREB: 6 p.m.?

MR. WEINREB: What did you do then?

MR. WEINREB: Can you just reach up there or did you need to use something to help you get up there?

MR. WEINREB: So what happened when you went out and checked it out?

MR. WEINREB: Where did you see the blood?

MR. WEINREB: Had that blood been there when you had put the shrink-wrap on?

MR. WEINREB: Was it like a pool of blood?

MR. WEINREB: So what did you do when you saw that blood?

MR. WEINREB: Where was the body in relation to the inboard motor you described earlier?

MR. WEINREB: What part of the person could you see?

MR. WEINREB: So lying on his side?

MR. WEINREB: When you looked at him, was he moving around or was he still?

MR. WEINREB: What did you do then?

MR. WEINREB: I'd like to show you a couple of photos.

MR. WEINREB: If we could have Exhibit 798, please, just for the witness.

MR. WEINREB: Do you recognize that?

MR. WEINREB: The government offers 798.

MR. WEINREB: Which -- this white house, the one right in the center, that's yours?

MR. WEINREB: And there appears to be a driveway on either side of it?

MR. WEINREB: Which is your driveway?

MR. WEINREB: So the one on the left?

MR. WEINREB: If you walked down that driveway, what does it lead to?

MR. WEINREB: Can we have Exhibit 804, please, just for the witness, and then 806. Actually, hold on that.

MR. WEINREB: Do you recognize this?

MR. WEINREB: And do you see something leaning up against the boat?

MR. WEINREB: Is this a fair and accurate picture of how the boat looked that night, the night of April 19th at some point?

MR. WEINREB: And so this was after the person came out of the boat?

MR. WEINREB: And then 806, please.

MR. WEINREB: What's that a picture of?

MR. WEINREB: And the portion that's not your backyard or that's on the other side of the stone wall, what's that?

MR. WEINREB: Is that a fair and accurate picture?

MR. WEINREB: The government offers 804 and 806.

MR. WEINREB: So we'll start with 806, please. Just leave that there. So you said that to the right of the stone wall is your neighbor's driveway?

MR. WEINREB: And it seems to lead to a white structure in the back?

MR. WEINREB: To the left of that we see another white structure?

MR. WEINREB: Do you see the boat?

MR. WEINREB: Could you -- if you -- that screen in front of you, it's touch-sensitive.

MR. WEINREB: If you push the pad of your finger sort of hard, you can circle things. Can you circle your boat?

MR. WEINREB: Not working?

MR. WEINREB: I'll circle this right here.

MR. WEINREB: Is that the boat?

MR. WEINREB: And is that how it looked, as you were saying, after the individual who was inside of it had come out?

MR. WEINREB: May we have 804, please?

MR. WEINREB: This, you earlier said, was your boat with the ladder up against it sometime later that night after the individual had come out?

MR. WEINREB: What's this right here that I'm circling?

MR. WEINREB: So I've circled what appears to be some plastic material?

MR. WEINREB: On the left side of the photo?

MR. WEINREB: Now can we have Exhibits 8 -- well, we'll start with 801 for the witness.

MR. WEINREB: Do you recognize that?

MR. WEINREB: What is that?

MR. WEINREB: Was -- and you see some police tape on your yard?

MR. WEINREB: So was this taken the following morning, April 20th?

MR. WEINREB: Does it appear to be a fair and accurate photo of what it liked like --

MR. WEINREB: 802, please.

MR. WEINREB: What's that?

MR. WEINREB: Again, is that a fair and accurate picture of how it looked on April 20th?

MR. WEINREB: 803, please.

MR. WEINREB: Same question: Is that a fair and accurate photo of what it looked like on April 20th?

MR. WEINREB: The government offers 801, 802 and 803.

MR. WEINREB: Okay. And if we could start with 801, Mr. Bruemmer.

MR. WEINREB: So now we're showing it to the jury and I'm going to ask you some questions about it. So looking at the boat from this perspective, where's the cameraman standing?

MR. WEINREB: The boat appears to be up against a fence on the left. Is that right?

MR. WEINREB: So not touching it but near it?

MR. WEINREB: So you said "this much" and you put your hands a few feet apart. Is that correct?

MR. WEINREB: Is that where it was when you went out there to -- when you first noticed that something was wrong with it and you later went out to check it?

MR. WEINREB: 802, please.

MR. WEINREB: Is this just a closer-up photo of the boat?

MR. WEINREB: It is?

MR. WEINREB: I'm sorry. A closer-up photo of the boat?

MR. WEINREB: The -- this area -- so you see the ladder that I've circled towards the right-hand side of the frame?

MR. WEINREB: Is that where you put the ladder to access the door that you spoke of earlier?

MR. WEINREB: 803, please.

MR. WEINREB: Is this a perspective of the boat from the other side, from looking over the fence that we discussed earlier?

MR. WEINREB: So the ladder would be approximately here?

MR. WEINREB: Can you see the engine block in this photo?

MR. WEINREB: (Indicating.)

MR. WEINREB: So the item I've circled which is towards the aft of the boat, it appears to be a long, white object, correct?

MR. WEINREB: And that whole thing is the engine block?

MR. WEINREB: And the person who you saw, were they on the side of it closer to the fence or the side of it closer to the neighbor's driveway?

MR. WEINREB: Is that engine block solid metal?

MR. WEINREB: The covering is Fiberglas?

MR. WEINREB: Is the engine inside solid metal?

MR. WEINREB: Solid enough to stop bullets?

MR. WEINREB: Can we have Exhibit 805 for the witness, please?

MR. WEINREB: Do you recognize that?

MR. WEINREB: What is that a picture of?

MR. WEINREB: The government offers 805.

MR. WEINREB: So again I'm going to circle that ladder, which is -- it seems to be on the far right-hand side of the boat. Again, is that the same place where you climbed the ladder?

MR. WEINREB: Mr. Bruemmer, may I please have Exhibit 822 for the witness.

MR. WEINREB: I'm going to circle a -- first of all, do you recognize where this is taken?

MR. WEINREB: And do you see the tip of a pencil that I've just circled in red?

MR. WEINREB: I'm going to show you Exhibit 823. Does that appear to be a close-up of the same pencil?

MR. WEINREB: And does there appear to be blood on the tip of the pencil?

MR. WEINREB: Now I'm going to show you Exhibit 824. And does that appear to be the pencil -- now you could see the whole thing?

MR. WEINREB: There's writing on the pencil. Do you recognize it?

MR. WEINREB: Was that pencil in your boat when you wrapped it up before storing it for the winter?

MR. WEINREB: How do you know that?

MR. WEINREB: Your Honor, the government offers 822, 823 and 824.

MR. WEINREB: Mr. Bruemmer, if we could go back to 822.

MR. WEINREB: Now we're going to look at them with the jury. So you said this was in the berth of the boat. Where is that -- is that in the fore of the boat or the aft?

MR. WEINREB: And for us non-nautical people, fore is the front of the boat?

MR. WEINREB: And this, what I'm circling right here which appears to be the tip of a pencil, is that the pencil you identified earlier?

MR. WEINREB: 823, please.

MR. WEINREB: And again -- I'm going to get that arrow out of the way -- I circled the tip of the pencil. Is this what you said has apparent blood on it?

MR. WEINREB: When that pencil -- when you wrapped up the boat, was there blood on the tip of that pencil?

MR. WEINREB: 824, please.

MR. WEINREB: Earlier you said that you knew it was your pencil because it said "Duffy Plumbing Corp." That's your brother-in-law?

MR. WEINREB: Your stepson. I apologize. What relation does your stepson have to Duffy Plumbing Corp.?

MR. WEINREB: Mr. Bruemmer, can we have Exhibit 826, please, which is already in evidence.

MR. WEINREB: Mr. Henneberry, do you recognize where this is?

MR. WEINREB: Where is it?

MR. WEINREB: Do you see there's writing there?

MR. WEINREB: And there's blood?

MR. WEINREB: Was that there when you wrapped up the boat for the winter?

MR. WEINREB: Exhibit 827, please.

MR. WEINREB: All right. Again, is that inside the boat?

MR. WEINREB: Just below the writing we were just looking at?

MR. WEINREB: Just below the writing we were just looking at, would it be that portion of the boat just below what we just saw?

MR. WEINREB: And again, that wasn't there when you wrapped up the boat for the winter?

MR. WEINREB: All right. Now we're going to go further down.

MR. WEINREB: 828, please.

MR. WEINREB: Okay. Once more, the writing and the blood you see there was not there when you wrapped up the boat for the winter?

MR. WEINREB: Now I want to draw your attention to this which appears to be a wooden slat screwed into the side of the boat just to the right of the writing near the bottom of the picture.

MR. WEINREB: Is that a part of the boat?

MR. WEINREB: And when you wrapped up the boat for the winter, was that slat -- did that have any writing carved into it?

MR. WEINREB: 1450 for the witness, please.

MR. WEINREB: Do you see those same slats there?

MR. WEINREB: All right. Do you see that there appears to be writing carved into them?

MR. WEINREB: And again, that writing wasn't there when you wrapped up the boat for the winter?

MR. WEINREB: Is that, though, a fair and accurate picture of where the slats are in the boat?

MR. WEINREB: The government offers 1450.

MR. WEINREB: For the jury's benefit I'm going to circle that writing again. Is that what you were referring to earlier?

MR. WEINREB: And 1451 for the witness, please.

MR. WEINREB: Now, do these appear to be the same slats having been unscrewed and laid down on a piece of corrugated cardboard?

MR. WEINREB: The government offers 1451.

MR. WEINREB: Now, here there appears to be -- you can see writing all along the length of both boards. Is that correct?

MR. WEINREB: Does it appear to say "Stop killing our..." and then there's an arrow pointing downwards "...innocent people and we will..." and then there's an arrow pointing up "...stop"?

MR. WEINREB: None of that was there when you wrapped up the boat?

MR. WEINREB: Thank you, Mr. Henneberry. That's all.

MR. WEINREB: No objection, your Honor.

MR. WEINREB: No objection, your Honor.

MR. WEINREB: No objection, your Honor.

MR. WEINREB: No objection.

MR. WEINREB: No objection.

MR. WEINREB: Nothing further, your Honor.

MR. CHAKRAVARTY: The government calls Stephen Silva.