7.Michael Nealon — Direct/Cross
219 linesMICHAEL NEALON, Sworn
COURT CLERK: Have a seat. State your name. Spell your last name for the record. Keep your voice up and speak into the mic.
MICHAEL NEALON: Yes, sir. Michael Nealon. Last name is N-e-a-l-o-n.
DIRECT EXAMINATION BY MS. PELLEGRINI:
MS. PELLEGRINI: Good afternoon, Agent Nealon.
MICHAEL NEALON: Ma'am.
MS. PELLEGRINI: Will you tell the jury by whom you're employed?
MICHAEL NEALON: I am a special agent with the Federal Bureau of Investigation. I've been employed in that capacity for about seven and a half years.
MS. PELLEGRINI: And can you give us something of your educational background and your professional background?
MICHAEL NEALON: I was a CPA so a certified professional accountant. I have a master's in business administration. I have -- like I said, I've been with the Bureau for seven and a half years in our Pittsburgh division; and while in Pittsburgh, I've been on the Evidence Response Team for about four years, roughly.
MS. PELLEGRINI: And the Evidence Response Team is sometimes also referred to as ERT?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: And with respect to the training that you've received specifically with respect to ERT, can you tell us about that?
MICHAEL NEALON: We all go through an 80-hour training initially. After that, we've got refreshers that we go to, and we have quarterly training every year.
MS. PELLEGRINI: In your capacity as a special agent, how many crime scenes have you responded to in -- over the course of the last seven years?
MICHAEL NEALON: Multiple. If I had to guess, maybe a dozen or so.
MS. PELLEGRINI: In that capacity, with respect to ERT, I understand that there are certain roles particular people play when they're assigned to a team, is that correct?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: What roles have you participated in?
MICHAEL NEALON: Over the years, most of them. Some of the roles I've done is helped with photography, photo log, searcher, seizing agent of the evidence. Yes, so multiple roles.
MS. PELLEGRINI: Agent Nealon, you indicated you're assigned to the Philadelphia office, is that correct?
MICHAEL NEALON: Pittsburgh division.
MS. PELLEGRINI: I'm sorry. Pittsburgh office?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: In April of 2013, did you have occasion to report to the District of Massachusetts?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: And for what?
MICHAEL NEALON: We responded to the Boston bombing, and our team particularly was assigned to the Franklin Street crime scene.
MS. PELLEGRINI: And with respect to the Franklin Street crime scene, what was your role on ERT?
MICHAEL NEALON: My role was ultimately the seizing agent of the evidence; once again, to help with the photo log and evidence recovery.
MS. PELLEGRINI: And in that capacity, did you have occasion to observe the boat located in the backyard at 67 Franklin Street in Watertown, Massachusetts?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: When did you first arrive on scene there?
MICHAEL NEALON: I believe it was the 20th.
MS. PELLEGRINI: And that would be the Friday of that week?
MICHAEL NEALON: I believe so.
MS. PELLEGRINI: Saturday?
MICHAEL NEALON: I'm not sure of the day.
MS. PELLEGRINI: Who did you respond to that scene with? How many people?
MICHAEL NEALON: A number of people. It was probably 20 or so. It was our entire team, and I believe we had some agents from the Philadelphia division, too.
MS. PELLEGRINI: May I have, please, Mr. Bruemmer, Exhibit -- may I have Exhibit 802 already in evidence, please?
MS. PELLEGRINI: Agent Nealon, do you recognize the image on the screen in front of you?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: What is that?
MICHAEL NEALON: That is the boat that was at 67 Franklin.
MS. PELLEGRINI: Were you part of the team that processed the evidence found in the boat at 67 Franklin?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: I'd like to ask you a series of particular questions relating to wooden slats within the boat. Did you recall items of that nature?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: Can you tell the jury what you recall?
MICHAEL NEALON: Once we made entry into the boat, it was noticed -- it was identified that there was what appeared to be carvings on a couple of the wooden rails along the -- which would be the portside of the boat, close to the mid-port. We also noticed that there was what I would guess to be discharge from the fire extinguisher. So the carvings in the wood were highlighted by this white powdery substance which inlaid itself in the carvings. Anyway, that's what we observed when we got in there.
MS. PELLEGRINI: May I have Exhibit 1450 already in evidence up for all parties?
MS. PELLEGRINI: Agent Nealon, looking again at the image on the screen in front of you, do you recognize that?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: And what is that?
MICHAEL NEALON: It is evidence item -- appears to be 2W-212, which would be the two wooden slats that were eventually removed from the boat.
MS. PELLEGRINI: Okay. Agent Nealon, the touchscreen in front of you is interactive. If you press it with the pad of your finger, you can place an arrow or you can draw a circle. So the placard that appears, 2W-212, can you point that out, please?
MICHAEL NEALON: (Indicating.)
MS. PELLEGRINI: Who would have placed that there?
MICHAEL NEALON: A member of the Evidence Response Team.
MS. PELLEGRINI: What is the purpose of the placard?
MICHAEL NEALON: When we initially go through the crime scene, we try and identify evidence that we may or may not seize just so it's not moved so that the photographer can photograph it in place.
MS. PELLEGRINI: Is that part of the ERT protocol to photograph in place before any movement of the item?
MICHAEL NEALON: Yes.
MS. PELLEGRINI: May I have 1451 up on the screen, please, also in evidence?
MS. PELLEGRINI: Agent Nealon, do you recognize the image here?
MICHAEL NEALON: That is the two wooden slats from the previous photo that we have removed and are in the process of packaging for transport.
MS. PELLEGRINI: I'm sorry, Agent Nealon. You were going to finish your sentence.
MICHAEL NEALON: For transport.
MS. PELLEGRINI: In fact, these two slats were, in fact, removed from the boat, is that correct?
MICHAEL NEALON: That is correct.
MS. PELLEGRINI: Were you present when they were removed?
MICHAEL NEALON: I don't recall if I was there.
MS. PELLEGRINI: Do you recall if you were present when they were packaged?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: Agent Nealon, I'm going to show you what's been marked for identification as Government Exhibit 829. Do you recognize this item?
MICHAEL NEALON: Based on the description of the box, yes, that's the items we discussed there.
MS. PELLEGRINI: All right. And, in fact, does your name appear on that box?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: Is this, in fact, the box that contains the slats that are shown in the images on 1450 and 1451?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: I'd ask you to open up this box now. You need scissors? You need gloves?
MICHAEL NEALON: (Witness complies.)
MS. PELLEGRINI: Agent Nealon, before these items come out of the box, I'm going to ask you to take a look at -- as best you can and let us know if those are, in fact, the two items you removed from the box -- I'm sorry, removed from the boat?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: Those, in fact, are the same?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: Your Honor, the government would offer Exhibit 829.
MR. WATKINS: No objection.
THE COURT: All right.
(Government Exhibit No. 829 received into evidence.)
MS. PELLEGRINI: Your Honor, with the Court's permission, may I stand here for a moment?
THE COURT: Yes.
MS. PELLEGRINI: Agent Nealon, holding these up so that those in the courtroom and the jury can see, can you tell us what we see here?
MICHAEL NEALON: These are obviously the two slats that we removed from the boat. There's carvings here. The white powdery substance is all over, more so down the end there, but has filled in some of the carvings. We may have lost some of the powder in transport but --
MS. PELLEGRINI: Is this, in fact, the same condition as at the time it was removed from the boat?
MICHAEL NEALON: Yes, ma'am.
MS. PELLEGRINI: Are you able to read the writing there?
MICHAEL NEALON: I can give it a shot. "Stop killing our innocent people and we will stop."
MS. PELLEGRINI: When you said -- are there arrows on this?
MICHAEL NEALON: Yeah. It's a little difficult to follow because it starts up top, and there's arrows that kind of direct you to the next line here. It kind of jumps around a little bit.
MS. PELLEGRINI: Can you show us the arrows, please?
MICHAEL NEALON: You've got arrows here, arrows there. I think that's it.
MS. PELLEGRINI: Your Honor, this is a little bit difficult to see. With the Court's permission, may I approach the jury box?
THE COURT: Yes, you may.
MS. PELLEGRINI: Agent Nealon, in looking at the slats in question, are you able to tell how the writing is made on the slats?
MICHAEL NEALON: It appears to be carved in the wood.
MS. PELLEGRINI: Thank you. I have no further questions for Agent Nealon.
CROSS-EXAMINATION BY MR. WATKINS:
MR. WATKINS: Good afternoon, Agent Nealon.
MICHAEL NEALON: Sir.
MR. WATKINS: You arrived from Pittsburgh on Friday?
MICHAEL NEALON: Here, today?
MR. WATKINS: No. On the -- on April 20th, you came in from Pittsburgh; is that what you testified?
MICHAEL NEALON: I don't know the days. I know the dates. I think we drove up the 19th possibly.
MR. WATKINS: And there were already people on the scene on Franklin Street, in the vicinity, is that correct?
MICHAEL NEALON: The day we took custody of the site, we took it from -- I believe it was a New York ERT team.
MR. WATKINS: Those are also FBI agents, right?
MICHAEL NEALON: Correct.
MR. WATKINS: To your knowledge, they had had custody of the scene since shortly after the incident happened, right?
MICHAEL NEALON: Yes, sir.
MR. WATKINS: It wasn't just you. It was really lots of Evidence Recovery Team individuals down there, right?
MICHAEL NEALON: Yes, sir.
MR. WATKINS: Not just the Pittsburgh team but other teams?
MICHAEL NEALON: We may have had some help from the Philadelphia and/or New York team, yes.
MR. WATKINS: You actually searched around the area, not just the boat but the entire Franklin Street area?
MICHAEL NEALON: Yes, sir.
MR. WATKINS: That search took six full days to complete, right?
MICHAEL NEALON: My recall is about a week, yeah.
MR. WATKINS: Some of it every day -- not every day but a few days on the boat, right, just itself?
MICHAEL NEALON: Certainly.
MR. WATKINS: And there was also recovery of ballistic evidence from all around the area?
MICHAEL NEALON: Yes, sir.
MR. WATKINS: Showing you what's been admitted as the Government's Exhibit 1455, I'm going to highlight this area that has been previously described as the 67 Franklin Street area. You wouldn't know it from your -- you're from out of town, I suppose?
MICHAEL NEALON: Yes, sir. I'm not familiar with the area other than the week I spent there.
MR. WATKINS: But what you do see here are a number of houses close together in that circle, that green circle?
MICHAEL NEALON: Sure.
MR. WATKINS: And you located -- and you see the spot here that I'm pointing to here? I'll even put a -- do you know whether or not that would be where the boat is on 67 Franklin?
MICHAEL NEALON: If that's the property that is representing 67 Franklin, that would be the approximate location of the boat.
MR. WATKINS: And you and other members of your team actually collected ballistics from nearly every spot that is circled here, houses two and three doors away, correct?
MICHAEL NEALON: There was other residents. I couldn't say how many. I didn't go to every house. But we did collect evidence from several houses in the area.
MR. WATKINS: You went to different yards of houses to collect bullets, cartridges, casings?
MICHAEL NEALON: That is correct.
MR. WATKINS: That was a lot of what the work was done in that Franklin Street area, right?
MICHAEL NEALON: Yes, sir.
MR. WATKINS: To do that, you used a tool called Total Station? Are you familiar with that?
MICHAEL NEALON: I know of it. I don't use it. But, yeah, I'm familiar.
MR. WATKINS: But someone else on an Evidence Recovery Team would use Total Station?
MICHAEL NEALON: There's generally two members of our team that are assigned to use it.
MR. WATKINS: Do you know whether that was done in this case?
MICHAEL NEALON: It was.
MR. WATKINS: And, to your knowledge, why does one use a Total Station?
MS. PELLEGRINI: Objection, your Honor. Beyond the scope of the direct.
MR. WATKINS: I just have a couple questions.
THE COURT: I'll allow it. Go ahead.
MR. WATKINS: Do you know why that is done?
MICHAEL NEALON: Why Total Station is used? It is used as a tool to give as close an exact replication of where certain items were located.
MR. WATKINS: Now, you personally took items out of the boat, seized items from the boat?
MICHAEL NEALON: Yes, sir.
MR. WATKINS: So how many hours did you spend inside of the boat and around the boat?
MICHAEL NEALON: I couldn't be specific.
MR. WATKINS: But it's certainly hours rather than minutes, correct?
MICHAEL NEALON: Yes, sir; yes, sir.
MR. WATKINS: I want to show you a couple of exhibits that have been admitted. This is Defendant's Exhibit 3027. Do you see it up on the screen?
MICHAEL NEALON: No, sir.
MR. WATKINS: I believe this has been admitted.
MICHAEL NEALON: Okay. It's up there now.
MR. WATKINS: In that, do you see red-brown stains?
MICHAEL NEALON: Yes.
MR. WATKINS: Defendant's 3028, do you see red-brown stains?
MICHAEL NEALON: Yes, sir.
MR. WATKINS: And as part of your duties in evidence collection or someone on your team, would swabs have been made of those blood stains?
MICHAEL NEALON: I don't think swabs were taken of those particular blood stains.
MR. WATKINS: But certainly there were people on your Evidence Response Team who did take swabs of blood?
MICHAEL NEALON: There were swabs taken of different portions of the boat, yes.
MR. WATKINS: Showing you an exhibit, 3029. Was a swabbing taken of that? First, do you recognize that red-brown stain as having been there?
MICHAEL NEALON: I recognize it from the photos, yes. And was a swab taken? I don't know.
MR. WATKINS: You see the evidence placard there?
MICHAEL NEALON: Yes, sir.
MR. WATKINS: Does that indicate "swab"?
MICHAEL NEALON: Yes, it does.
MR. WATKINS: Of course, nobody else is jumping onto the boat to give you guys a hand, right? That's -- one of your team wrote that there?
MICHAEL NEALON: Yeah, correct.
MR. WATKINS: Since you don't -- you might not have taken a swab, I suppose you don't know the results, whether it's the defendant's blood or anybody else?
MS. PELLEGRINI: Objection.
MICHAEL NEALON: I don't.
THE COURT: Well, the answer may stand.
MR. WATKINS: And this is Exhibit 3030. Did you take this photograph?
MICHAEL NEALON: I did not take that photograph.
MR. WATKINS: Do you recognize that toolkit as being something that was on the boat at the time?
MICHAEL NEALON: Yes, sir.
MR. WATKINS: Defendant's Exhibit 3037, this red-brown stain here, do you recall that from your investigation?
MICHAEL NEALON: Specifically, no; but if we took the photograph, yes.
MR. WATKINS: Again, you don't know whether anybody on the team tested to see whose blood that was?
MICHAEL NEALON: I don't.
MR. WATKINS: There was ballistic evidence inside the boat also, spent bullets?
MICHAEL NEALON: When you say "spent bullets," are you talking about shell casings? Are you talking about the actual metal frag?
MR. WATKINS: The actual metal fragments.
MICHAEL NEALON: Yes.
MR. WATKINS: And there was an engine block in the middle of the boat. Do you know where that is or do you recall that, I suppose?
MICHAEL NEALON: I do recall it. I'm not sure we've seen it in the photos yet.
MR. WATKINS: No, we haven't. But you do recall that, right?
MICHAEL NEALON: Sure.
MR. WATKINS: Do you recall opening up or having a member of your team open up that engine hatch and finding a bullet fragment in there?
MICHAEL NEALON: Yes.
MR. WATKINS: So, indeed, a bullet could, and in this case did, go through that engine cover to lodge there?
MICHAEL NEALON: I don't know if it fully penetrated. It certainly was embedded at least partially into the engine block.
MR. WATKINS: In the search of the boat, did you ever find any gun?
MS. PELLEGRINI: Objection.
THE COURT: Sustained.
MR. WATKINS: Did you find any ammunition?
MS. PELLEGRINI: Objection.
MR. WATKINS: Other than the spent --
THE COURT: Sustained.
MR. WATKINS: I have nothing further, your Honor.
MS. PELLEGRINI: I have no redirect, your Honor. If I may have a moment to remove the evidence?
THE COURT: Guess that's it. Thank you.
MR. CHAKRAVARTY: The government calls Jessica Ulmer.
COURT CLERK: Ma'am, want to step up here, please?