5.Patrick Moynihan — Direct/Cross
845 linesMR. WATKINS: Judge, just one issue before we get started. It came to our attention that during our cross of Trooper McCarthy there was an admitted exhibit that I was showing to Trooper McCarthy. It was unclear whether that went to the jury or not.
JUROR: It did not.
MR. WATKINS: It did not go to the jury.
THE COURT: That was probably my error.
MR. WATKINS: A wise error.
(Laughter.)
THE COURT: What do you want to do?
MR. WATKINS: The court reporter is prepared to read back the testimony. I can play it through the exhibit as she reads it.
MR. MELLIN: Your Honor, or I can step out and see if Trooper McCarthy is outside and just have him re-called.
THE COURT: Well, is it a contained portion of the transcript, I mean, relatively contained?
MR. WATKINS: It was pretty short.
THE COURT: Yeah, that might be the easiest way to do it.
MR. WATKINS: Can I do that now, then?
THE COURT: I don't care. If he's right there and you want to call him back, it may be better for him to explain it.
(Pause.)
THE COURT: All right. So we'll have the reporter read back -- you'll tell her what portions?
MR. WATKINS: I think we've already discussed where it is. She may have to go a little slow as I remind myself of what I did.
THE COURT: Could you just give us the page and line just as a beginning?
COURT REPORTER: Yes, but it won't line up.
THE COURT: Right. Yes, I understand. Subject to change.
COURT REPORTER: Page 55, line 25.
"QUESTION: I want to show you what's been marked -- admitted into evidence as Exhibit 775. Do you recognize that map as that area?
"ANSWER: Yes, sir.
"QUESTION: And I'll point out a couple of things. That's Laurel Street there?
"ANSWER: Correct.
"QUESTION: That's Cypress Street there, right?
"ANSWER: Correct.
"QUESTION: And so it was Cypress Street here that you came up or Cypress Street up here?
"ANSWER: Up top. Yes, sir, we came down that street.
"QUESTION: You could actually tap on the screen to show --
"ANSWER: I believe we came in from this direction here.
"QUESTION: Okay. And when you came in from that direction, from Mount Auburn on Cypress Street, you were trying to approach Laurel, right?
"ANSWER: Yeah, we were trying to approach Laurel. I just didn't know the exact location. Until looking at a map later, I didn't even know what street we were on.
"QUESTION: And so -- but now you know it was Cypress at that direction?
"ANSWER: Correct, sir. Yup.
"QUESTION: And coming in from that direction, you were blocked from getting down to Laurel by other marked cruisers?
"ANSWER: I believe there were vehicles there or we just bypassed the street. You know, we just kept going.
"QUESTION: Oh, I see. You bypassed Laurel Street?
"ANSWER: Yeah, we bypassed Laurel Street. I never --
"QUESTION: So you went actually down all the way here --
"ANSWER: I went all the way down -- the map doesn't show it -- and around. That street bends to the right and goes back to Dexter.
"QUESTION: Right. And there were police vehicles all over the scene at that point, right?
"ANSWER: Yes, there were.
"QUESTION: And they were coming in from all different directions the same way you were, down Cypress from other directions?
"ANSWER: I don't know who was around us. I know -- because we were in a truck, marked vehicles passed us and we passed other vehicles.
"QUESTION: And, again, you were seeing vehicles here at that area, right?
"ANSWER: I believe there were some vehicles there, yeah.
"QUESTION: And after you dowsed the package up on Mount Auburn, you came back up to Laurel Street?
"ANSWER: Yeah, we came back down Dexter Street to Laurel Street.
"QUESTION: And Dexter Avenue, actually.
"ANSWER: Okay. Sorry about that. Dexter Avenue.
"QUESTION: No worries.
And this is where the containment vehicle eventually was parked --
"ANSWER: Yes, sir.
"QUESTION: -- and the robots were sent from there?
"ANSWER: Correct, sir.
"MR. WATKINS: That's all I have, your Honor. Thank you."
MR. WATKINS: And that is, indeed, all I have. Thank you, your Honor.
THE COURT: All right.
MR. WEINREB: The United States calls Patrick Moynihan.
PATRICK MOYNIHAN, duly 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 so everyone can hear you.
PATRICK MOYNIHAN: Patrick Moynihan. And it's M-O-Y-N-I-H-A-N.
DIRECT EXAMINATION BY MR. WEINREB:
MR. WEINREB: Good morning.
PATRICK MOYNIHAN: Good morning.
MR. WEINREB: Where do you work, sir?
PATRICK MOYNIHAN: I work for the state police.
MR. WEINREB: How long have you worked there?
PATRICK MOYNIHAN: Thirteen years.
MR. WEINREB: What are your current job responsibilities?
PATRICK MOYNIHAN: I work in the Crime Scene Services section.
MR. WEINREB: Where did you go to school and what degrees have you earned?
PATRICK MOYNIHAN: I have a bachelor's of arts from LaSalle University in Pennsylvania in criminal justice and sociology. I got that in 2000. I also have a master's in science I got in 2008 from Westfield State University in criminal justice.
MR. WEINREB: What is the state police Crime Scene Services section?
PATRICK MOYNIHAN: The Crime Scene Services section, we were responsible for responding to local state and federal crime scenes. Our responsibilities include but are not limited to responding to homicide scenes, to responding to B&Es, bank robberies, arson fires, and reports of sexual assaults. When we get on-scene, our job is to develop and to document latent fingerprints, to develop and document footwear impressions as well as tire impressions. We transport evidence and we write reports on all of our findings.
MR. WEINREB: In addition to your undergraduate and graduate training in computer justice, have you received any training in how to handle evidence properly?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Have you received specialized training in how to document crime scenes properly?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Have you received training in fingerprint identification and comparison?
PATRICK MOYNIHAN: I have.
MR. WEINREB: Is that in-house training or external training?
PATRICK MOYNIHAN: Both. We do both.
MR. WEINREB: Please describe your internal training.
PATRICK MOYNIHAN: Our internal training starts in the classroom and then we learn about the history of latent fingerprints, why it's important, the actual orientation of a latent fingerprint. We learn about ridgeology, which is the biology, the morphology of actual friction ridge skin; we learn about digital photography: how to take digital images; we learn chemical processing safety; and entering fingerprints into the two databases that we're responsible for entering in.
MR. WEINREB: Did you also learn how to compare one fingerprint to another?
PATRICK MOYNIHAN: We do.
MR. WEINREB: What about your outside training?
PATRICK MOYNIHAN: Well, at this point I've -- I have about 700 hours of external training. We started immediately. I started with an FBI basic fingerprint class. In 2008 we are constantly going to external training in regards to all the disciplines that we're responsible for. It's part of our ASCLD/LAB accreditation as well.
MR. WEINREB: So you just talked about your lab accreditation, but how about you personally. After getting trained, did you have to take some kind of examination to make sure you had learned everything properly?
PATRICK MOYNIHAN: I did. I took -- once we complete the six-month process in the beginning, the initial process, I took a proficiency -- it's a competency exam -- to make sure that I had enough knowledge to actually do the work. And I did that in 2008.
MR. WEINREB: Did you pass the exam?
PATRICK MOYNIHAN: I did.
MR. WEINREB: After passing that exam, are there other exams you've had to take since to make sure that your skills are still up to snuff?
PATRICK MOYNIHAN: Yes. We take yearly proficiency exams in the disciplines that I'm responsible for, and that basically tests us to make sure that we're still efficient in what we do.
MR. WEINREB: Okay. So do fingerprint professionals like you have a professional association that they belong to?
PATRICK MOYNIHAN: We do. The IAI is the largest and the oldest organization. It's the International Association for Identification, and I'm also a member of the NEDIAI?
MR. WEINREB: NEDIAI?
PATRICK MOYNIHAN: Yeah, it's the New England division of the IAI.
MR. WEINREB: In the course of your work, how many fingerprints have you identified at crime scenes and documented and preserved for possible later comparison?
PATRICK MOYNIHAN: Thousands.
MR. WEINREB: And in the course of your work, how many fingerprints and palm prints have you actually analyzed by doing comparisons?
PATRICK MOYNIHAN: Thousands.
MR. WEINREB: Are there occasions where you have identified a person by comparing the person's fingerprints to fingerprints found at a crime scene?
PATRICK MOYNIHAN: I have.
MR. WEINREB: And are there occasions where you've excluded a person by comparing that person's fingerprints to fingerprints found at a crime scene?
PATRICK MOYNIHAN: I have.
MR. WEINREB: And have you done each one of them many times?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Approximately how many?
PATRICK MOYNIHAN: Thousands of times.
MR. WEINREB: As part of your job, are you expected to testify in court about your examinations and the results of those examinations?
PATRICK MOYNIHAN: I am.
MR. WEINREB: How many times have you testified in court?
PATRICK MOYNIHAN: Approximately 25 times.
MR. WEINREB: Your Honor, at this time the government would ask that Trooper Moynihan be qualified as a fingerprint expert.
MS. CLARKE: No objection.
THE COURT: Okay.
BY MR. WEINREB:
MR. WEINREB: Which parts of the human body are capable of leaving prints?
PATRICK MOYNIHAN: We have two areas on our body that have friction ridge skin: It's the plantar and palmer areas of the body. The palmer areas, the friction ridge starts right here at your wrist bracelet and it continues all the way up over the top of your fingertip to your fingernail. On our feet, they start at our heel and it continues all the way along the bottom of our foot all the way to the tops of our toes underneath the fingernail.
MR. WEINREB: You used the phrase "friction ridge skin." And just in layman's terms, does the skin on the hands and the feet have tiny raised ridges?
PATRICK MOYNIHAN: They do.
MR. WEINREB: But the skin on the rest of your body doesn't?
MR. WEINREB: Is that what makes them capable of leaving prints, those ridges?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Can two individuals have the same fingerprints?
MR. WEINREB: What about identical twins?
MR. WEINREB: How can you be so sure?
PATRICK MOYNIHAN: Because I've actually done comparisons of identical twins. And I just know that every human being has different friction ridge skin. And the reason that happens is when -- your ridges are formed before you're born, and the ridges form because of the pressures that you experience inside your mother's womb. So it's the pressures of when you're moving inside your mom that actually help form the ridges that you have on these areas.
MR. WEINREB: Okay. Would it be fair to say that millions of fingerprint comparisons have been done by professionals over time?
PATRICK MOYNIHAN: That's -- yes.
MR. WEINREB: And has anyone ever found two people with the exact same fingerprints?
MR. WEINREB: What is a latent print?
PATRICK MOYNIHAN: A latent fingerprint is a fingerprint that isn't seen; it's hidden. It's a term that latent fingerprint examiners or analysts use to describe a latent fingerprint -- to describe a latent fingerprint at a crime scene or in the lab when we're processing a piece of evidence in the lab. It's a fingerprint from the areas that I've been talking about: it's from your -- the palmar areas of your hand and the plantar areas of your feet.
MR. WEINREB: So a latent fingerprint is a fingerprint you find at a crime scene?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: And when you first find it, just by looking at it, you can't know whose it is?
MR. WEINREB: What's a known print?
PATRICK MOYNIHAN: A known fingerprint is -- for instance, when we roll a fingerprint for an attorney or a doctor, it's like an ink print or a computer-made impression where you would see it on a tempur card where you could see the actual known fingerprint when it's taken.
MR. WEINREB: Let's break that down a little bit. You talked about rolling?
PATRICK MOYNIHAN: Right.
MR. WEINREB: What does that refer to?
PATRICK MOYNIHAN: Well, rolling is what we describe as -- it's controlled. It's a controlled roll. We're rolling it from the nail to nail. So we're actually rolling it from fingernail on one side to the fingernail on the other side. So we're trying to get as much of the friction ridge detail when we're rolling the fingerprint.
MR. WEINREB: All right. And so to help the jury visualize that, correct me if I'm wrong, a person puts their finger on some ink, like an ink pad?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: And then they put their finger on a piece of paper or cardboard, and then they roll it a little bit from right to left?
PATRICK MOYNIHAN: That's correct.
MR. WEINREB: And that leaves an image of their print?
PATRICK MOYNIHAN: That's correct.
MR. WEINREB: And these days you don't even need to put your finger on ink, you can just do it on a glass plate, like a Xerox machine, and a computer can take a picture of it?
PATRICK MOYNIHAN: That's correct.
MR. WEINREB: Now, when a person leaves a fingerprint on something, what exactly is it that he or she is leaving? And by that I mean, what is a print made of?
PATRICK MOYNIHAN: Well, a latent fingerprint is made up of 90 percent water. The other 1 percent of a latent fingerprint are made up of hundreds of compounds, but primarily it's made up of amino acids, lipids and salts. And these are things that we can use as well.
MR. WEINREB: So the water that -- is that sweat?
PATRICK MOYNIHAN: Yes, it's perspiration. Yup.
MR. WEINREB: And the component of the fingerprint that you said were lipids and other things, is that -- like a layman's term for that oil?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: All right. So the fingerprint consists of sweat and oil from a person's finger or feet?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: All right. So if you touch something and your fingers aren't sweaty or oily, will you leave a fingerprint?
PATRICK MOYNIHAN: Well, you could, but there's a potential that you might not.
MR. WEINREB: Let's say there's zero sweat or oil on your finger. Could you leave a fingerprint?
MR. WEINREB: Are some people naturally more prone to having sweat and oil on their fingers than other people?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Do other things affect whether a person's fingers are likely to have sweat or oil on them?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Other than just the way they're born?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: What are those things?
PATRICK MOYNIHAN: Temperature. Typically in the wintertime, temperature with cold -- temperatures -- your actual pores will constrict and there's potential for not to leave a fingerprint there. In extreme heat, some people actually excessively sweat so it might actually obliterate, meaning that you might -- I mean, there's so much sweat on there that you might actually not leave a fingerprint. Actually, being nervous and having a lot of tension can also cause you to sweat as well from these areas that I'm talking about.
MR. WEINREB: All right. And what if you just like wiped your fingers on your pants before you touched something. Could that be enough to --
PATRICK MOYNIHAN: That could be possible.
MR. WEINREB: Are there other reasons a person who touches a surface might not leave fingerprints?
PATRICK MOYNIHAN: Yup. There's the potential of washing the hands right before you touch something, there could be -- was the person wearing gloves? There's was there a lot of dust or dirt on the actual surface that the person touched before leaving -- or actually trying to grip or something like that?
MR. WEINREB: And let's say a person touched something like a component of a bomb or the outside of a bomb and left a fingerprint but then the bomb exploded. Is there anything about that process that could destroy the fingerprints?
PATRICK MOYNIHAN: Absolutely.
MR. WEINREB: What would that be?
PATRICK MOYNIHAN: I mean, you have to understand that a fingerprint is -- it's very delicate and it can be destroyed very easily. And with any type of friction -- I mean, heat -- there's a lot of different things that can destroy. Wiping, I mean, that can destroy a fingerprint. And that -- that's primarily some of the reasons why it wouldn't be there.
MR. WEINREB: So are you saying that if anything is exposed to extreme heat, the heat can effectively vaporize the fingerprint or destroy it in some other fashion?
PATRICK MOYNIHAN: It can.
MR. WEINREB: What are some of the larger features of a fingerprint that an examiner uses to distinguish one person's fingerprint from another person's?
PATRICK MOYNIHAN: Well, we have three major patterns, they're called flow patterns, on our fingers that we use. And we call them flow patterns. We have arches, loops and whirls, and they all look different.
MR. WEINREB: Let me pause you right there.
PATRICK MOYNIHAN: Okay.
MR. WEINREB: Can I have Exhibit 1535 just for the witness, please?
MR. WEINREB: Trooper, do you see that exhibit?
PATRICK MOYNIHAN: I do.
MR. WEINREB: Okay. Would that help you illustrate --
PATRICK MOYNIHAN: Absolutely.
MR. WEINREB: Your Honor, the government's not offering it as evidence, just using it as a chalk.
THE COURT: Okay.
BY MR. WEINREB:
MR. WEINREB: Go ahead.
PATRICK MOYNIHAN: The loop is all the way to the left-hand side. So the ridges will actually come in from the same side, loop around the top of what we call the core, which is where the ridges actually are coming up and around, and they'll exit out the same side. So if you're looking at this, this would be a left slant loop. So the ridges came in from the left, they looped up and around what is the center of the fingerprint, and then they exit out the left-hand side. The whirls --
MR. WEINREB: Before you continue, let me just let you know, the screen in front of you is touch-sensitive. If you would like to mark on it, just use the pad of your finger and press hard and you'll be able to. Also, if you touch the screen, it will leave an arrow. There you go. If you want to clear it, the right upper-hand corner of your screen will clear it.
PATRICK MOYNIHAN: So this is what I'm talking about, with -- the ridges were coming in from the left-hand side, looping up and around the core, and they exit out the same side.
MR. WEINREB: Trooper, you have to do the trick of pressing it and talking into the microphone at the same time.
PATRICK MOYNIHAN: I apologize.
MR. WEINREB: No problem.
PATRICK MOYNIHAN: The whirl-shaped pattern -- this is the core right here, and that circular area, that's what we're looking at as far as the core. And a whirl is constantly circular, and it's circular all the way out to the deltas. An arch enters in from one side, continues all the way through and exits out the opposite side.
MR. WEINREB: Are there other features of a fingerprint that are more minute, tinier, that you also use to compare one fingerprint to another?
PATRICK MOYNIHAN: There are.
MR. WEINREB: Can we have 1536 for the witness, please.
MR. WEINREB: Again, would this diagram help you illustrate for the jury those minutia, as they're called?
PATRICK MOYNIHAN: Yes.
THE COURT: Okay.
PATRICK MOYNIHAN: Okay. So the first thing I'm going to --
MR. WEINREB: Hang on. It takes a little bit for the photos to come up on the screens.
PATRICK MOYNIHAN: I apologize.
MR. WEINREB: No problem. Go ahead.
PATRICK MOYNIHAN: So this area right here -- that I'm marking right here would be the core. That's the center point of a latent fingerprint impression that you would see with a loop or a whirl. A bifurcation is actually one ridge, and I'm marking it now, that is becoming two separate ridges. That would be a bifurcation. An ending ridge which I'm going to describe right here, down here, right over by the delta, is an ending ridge. It's an actual ridge that comes to an abrupt end. This would actually be considered a short ridge, this ridge that I'm -- I just marked there. That's also another characteristic that we can see. This area right here is an island. Typically, an island is as high as it is wide. It's a very small piece of a ridge. And this area right here is what I was referring to as a delta. Loops have deltas and whirls have deltas. So a loop will only have one and -- a loop will only have one and a whirl will have two.
MR. WEINREB: And delta is a term sometimes used to -- for the shape of a triangle, essentially?
PATRICK MOYNIHAN: That's correct. And the last thing that is indicated here, where you sweat out of -- when you're perspiring and what allows you to leave a fingerprint is a pore. And down right here where I just marked where the line is indicating to is a pore. It's an open area, and the reason why you see that actual -- as an open space there is because of the fact that it goes down, and that's where you're actually sweating from.
MR. WEINREB: When you find a latent fingerprint at a crime scene, does it always have enough detail that you can compare it to a known print?
MR. WEINREB: Why is that?
PATRICK MOYNIHAN: Well, when you're actually touching something or a surface -- I mean, it depends on the actual pressure. It depends on how you touched it, what was the temperature, were you sweating. There's many different factors on whether or not you leave a fingerprint. And also, what was your movement when you touched, because you can actually smudge and actually obliterate and destroy a fingerprint by how you might be grabbing a surface.
MR. WEINREB: So if you leave a fingerprint on something but either it's only a partial print or a smudged print, can that be used in fingerprint comparison?
PATRICK MOYNIHAN: It can.
MR. WEINREB: And if there's not enough detail there or if it's too smudged, is it possible to confidently make a comparison?
PATRICK MOYNIHAN: If there's not enough there, then, no, I would not make a comparison.
MR. WEINREB: So -- but if a latent fingerprint does have enough detail and it's not too smudged, what method do you use to compare it to a known print?
PATRICK MOYNIHAN: We use the ACE-V methodology.
MR. WEINREB: ACE-V. So let me just break that down. That's ACE-V?
PATRICK MOYNIHAN: Correct.
MR. WEINREB: What does the A stand for?
PATRICK MOYNIHAN: Analysis.
MR. WEINREB: What does that mean?
PATRICK MOYNIHAN: Analysis is what we're looking at. And we're looking at the ridge flow, we're looking at everything I just described here with all these characteristics that I just showed you. And we're looking at edgeoscopy and pores and possibly scars. Like right here, this area right here is -- could be a scar or could be a flection crease, but I would say that that would probably be a scar that this person probably received, you know, during, just, natural -- like just living.
MR. WEINREB: What does the C in ACE-V stand for?
PATRICK MOYNIHAN: It's comparison. It's the comparison phase. It's when we actually take the latent, that we document it at the scene, we're comparing it to a known fingerprint card or a known that we receive.
MR. WEINREB: What does the E stand for in ACE-V?
PATRICK MOYNIHAN: Evaluation.
MR. WEINREB: What does that mean?
PATRICK MOYNIHAN: That's when I'm making a determination. That's when I can say it's either an individualization, an exclusion or it's inconclusive.
MR. WEINREB: If you take a latent print and you individualize it to a known print, isn't that the same as saying you've identified the known print and the latent print as being sufficiently similar that you can say it comes from the same person?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: And then what does the V stand for?
PATRICK MOYNIHAN: Verification.
MR. WEINREB: Explain that.
PATRICK MOYNIHAN: We have a process with the state police, if I make an individualization or identification to a latent fingerprint, that it's passed on as two clean -- like there's two clean copies of what I was looking at, and they go through an ACE-V process as well where they're making comparisons to the known and latent and they have to decide as well if it's an individualization or an identification as well. I can't just be the only one. There's the verification phase, so I'm being backed up by two other personnel, latent print analysts, and one of them is always going to be a supervisor.
MR. WEINREB: This ACE-V method you've just described, is that a widely used method?
PATRICK MOYNIHAN: It is a widely used method, and it's the system by which most latent print examiners are taught.
MR. WEINREB: Let me ask you about another fingerprint expert term: Fuming. What is fuming?
PATRICK MOYNIHAN: Fuming is a process by which we heat Super Glue. We heat it to the point where it becomes a vapor. The vapor adheres to the friction ridge residue that we leave behind when we touch a surface. This -- it makes it more visible for us to see and actually document and also helps us with further processing of some friction ridge or a latent print that we see.
MR. WEINREB: What is latent fingerprint powder?
PATRICK MOYNIHAN: Latent fingerprint powder is a formula that we use. It comes in different colors. And if, say, we have a darker substrate like the top of this binder that I have here, I would want to use white fingerprint powder on a substrate like this so I could actually see the fingerprint that was left behind. If I was using -- if I had, like, something white, I would use -- want to use black. So we're just using -- it's a contrast in color so we can actually see the latent fingerprint. It's a part of processing.
MR. WEINREB: On April 20th, 2013, did you process two automobiles that had been recovered in Watertown on Laurel Street and Spruce Street the day before, on April 19, 2013?
PATRICK MOYNIHAN: I did.
MR. WEINREB: Where were the automobiles located at that time?
PATRICK MOYNIHAN: They were in the garage at the Watertown Police Department, which is a controlled environment.
MR. WEINREB: What were the make, model and color of the two automobiles?
PATRICK MOYNIHAN: There was a black Mercedes SUV. I think it was -- can I refer to my report, if you don't mind?
MR. WEINREB: Yes. If you need it to refresh your recollection, you go right ahead.
PATRICK MOYNIHAN: Thank you. It's a Mercedes ML-350 black SUV, and a green Honda Civic color -- a green Honda Civic.
MR. WEINREB: Was anyone else processing those vehicles with you?
PATRICK MOYNIHAN: Yes. There was Lieutenant Steve Bennett, Sergeant William Tarbokas, Christopher -- Trooper Christopher Dolan, and Trooper Robert Quigley, and members of the crimanlistics unit.
MR. WEINREB: Did you recover items of evidence from the Honda and witness other people recovering items of evidence from it?
PATRICK MOYNIHAN: We did.
MR. WEINREB: Did you personally?
PATRICK MOYNIHAN: I did.
MR. WEINREB: Could I have Exhibit 1554 for the witness, please.
MR. WEINREB: Do you recognize that?
PATRICK MOYNIHAN: I do.
MR. WEINREB: Is that a fair and accurate picture of the Honda in the garage?
PATRICK MOYNIHAN: It is.
MR. WEINREB: The government offers 1554.
MS. CLARKE: No objection.
(Government Exhibit No. 1554 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Is this the green Honda you were just referring to?
PATRICK MOYNIHAN: It is.
MR. WEINREB: And is this the place where you examined it?
PATRICK MOYNIHAN: It is.
MR. WEINREB: Exhibit 869 for the witness, please.
MR. WEINREB: Do you recognize that?
PATRICK MOYNIHAN: I do.
MR. WEINREB: What is that a picture of?
PATRICK MOYNIHAN: It's the front passenger compartment of the Honda Civic.
MR. WEINREB: You say the "passenger compartment." Where is the steering wheel in that?
PATRICK MOYNIHAN: It's right to the left-hand side. It's right in front of the car seat.
MR. WEINREB: Okay. So what do you mean by passenger compartment?
PATRICK MOYNIHAN: It's where the -- the people driving would sit, or anybody that was traveling in the car.
MR. WEINREB: Okay. Is this a fair and accurate picture of how the Honda looked when you first laid eyes on it in the garage?
PATRICK MOYNIHAN: It is.
MR. WEINREB: I'm going to show you a series of pictures now, and I'm going to ask you the same question about each one.
MR. WEINREB: 870, please.
MR. WEINREB: Fair and accurate?
PATRICK MOYNIHAN: That's the same area that we were just looking at. The driver's side door is open.
MR. WEINREB: Okay. I'm going to ask you to describe the images in a minute for the jury. Now I just want to know whether they're fair and accurate photos.
PATRICK MOYNIHAN: They're fair and accurate.
MR. WEINREB: Okay. That's one. Let's look at 871.
PATRICK MOYNIHAN: Fair and accurate.
MR. WEINREB: 872?
PATRICK MOYNIHAN: Fair and accurate.
MR. WEINREB: 873?
PATRICK MOYNIHAN: Fair and accurate.
MR. WEINREB: 874?
PATRICK MOYNIHAN: Fair and accurate.
MR. WEINREB: And 875. Now, that's a slightly different picture. That's not, obviously, of the Honda, but do you recognize the items in there?
PATRICK MOYNIHAN: I do.
MR. WEINREB: And do they appear to be the same pair of white gloves that was inside the Honda?
PATRICK MOYNIHAN: They do.
MR. WEINREB: The government offers 869 through 875.
MS. CLARKE: No objection.
THE COURT: All right. Admitted.
(Government Exhibit Nos. 869 through 875 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: So let's now start with 869. Just wait a moment for it to come up. All right. So this is a picture of the Honda taken through the front driver's side window?
PATRICK MOYNIHAN: It is.
MR. WEINREB: If you look in the wheel well or the -- strike that. Not the wheel well, but if you look in the -- where the driver's feet would be, what is pictured there?
PATRICK MOYNIHAN: You could see a glove up by where the pedals would be, and you could see the fingers of another glove underneath the bottom of the driver's side seat.
MR. WEINREB: Can you circle that second glove to make it easier to see?
PATRICK MOYNIHAN: (Witness complies.)
MR. WEINREB: Okay. Now, is that exactly where they were when you got to the Watertown garage?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: 870, please.
MR. WEINREB: What's this a picture of?
PATRICK MOYNIHAN: It's a picture of the same areas that we were just talking about. It's the driver's side of the car with the driver's side door opened.
MR. WEINREB: 871, please.
MR. WEINREB: All right. Again, is that just another angle of the same --
PATRICK MOYNIHAN: Yup. It's just a different angle of what we were just looking at.
MR. WEINREB: 872, please.
BY MR. WEINREB:
MR. WEINREB: And that's a close-up?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: 873.
MR. WEINREB: Is that a close-up of one of the gloves?
PATRICK MOYNIHAN: It is.
MR. WEINREB: 874, please.
MR. WEINREB: And is that a close-up of the other glove?
PATRICK MOYNIHAN: It is.
MR. WEINREB: And then 875, please.
MR. WEINREB: All right. Is that a photo of the two gloves having been removed from the Honda?
PATRICK MOYNIHAN: It is.
MR. WEINREB: All right. Do you know where this was taken?
PATRICK MOYNIHAN: It was taken directly alongside of the Honda.
MR. WEINREB: So that after the gloves were photographed in place, they were removed from the Honda?
PATRICK MOYNIHAN: That's correct.
MR. WEINREB: What's the surface they've been placed on?
PATRICK MOYNIHAN: It's on butcher paper.
MR. WEINREB: That's to prevent it from being contaminated?
PATRICK MOYNIHAN: That's correct.
MR. WEINREB: And then it was photographed again?
PATRICK MOYNIHAN: That's correct.
MR. WEINREB: And then did somebody collect them and bag them for evidence purposes?
PATRICK MOYNIHAN: That's correct.
MR. WEINREB: Who did that?
PATRICK MOYNIHAN: I did that with Chemist Kelley King.
MR. WEINREB: And was it done according to proper procedures in order to maintain the integrity of the evidence and prevent it from being contaminated?
PATRICK MOYNIHAN: It was.
MR. WEINREB: Can I have Exhibit 1551 for the witness, please.
MR. WEINREB: Do you recognize these items?
PATRICK MOYNIHAN: I do.
MR. WEINREB: How do you recognize them?
PATRICK MOYNIHAN: I recognize them from where we -- from this picture and from remembering taking the photo where they were.
MR. WEINREB: Does this fairly and accurately depict those items?
PATRICK MOYNIHAN: It does.
MR. WEINREB: The government offers 1551.
MS. CLARKE: No objection.
(Government Exhibit No. 1551 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Were these items in the car?
PATRICK MOYNIHAN: They were.
MR. WEINREB: Where in the car were they when you first saw them?
PATRICK MOYNIHAN: The driver's door pocket on -- there's -- if you look at the driver's side door, there's a pocket underneath where you would open the door. These contents -- these items were located in the pocket alongside there.
MR. WEINREB: After you found them there, did you remove them?
PATRICK MOYNIHAN: I did.
MR. WEINREB: And were they removed in such a way to preserve any fingerprints that might be on them?
PATRICK MOYNIHAN: They were.
MR. WEINREB: Again, are we seeing them laid out on the butcher paper next to the car?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: What's the item at the very top of the picture? And I'll circle it. It's at the top in the center, it's a little rectangle.
PATRICK MOYNIHAN: That would be an Apple iPod Shuffle.
MR. WEINREB: Can I have Exhibit 876 for the witness, please.
Exhibit 1553 for the witness, please.
MR. WEINREB: Do you recognize this?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Is that a fair and accurate picture of the Honda from the angle at which it's taken?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: The government offers 1553.
MS. CLARKE: No objection.
THE COURT: Okay.
(Government Exhibit No. 1553 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: What angle was this taken from?
PATRICK MOYNIHAN: This angle is taken from the passenger's side through the passenger's side window.
MR. WEINREB: Focusing on the portion of the photo that I've just enlarged, what's right in the center of that photo?
PATRICK MOYNIHAN: The center keys, the gear box and the radio.
MR. WEINREB: Let's just focus on the keys. Were those in the ignition when you found the Honda in the garage?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: And the keys and these tags, were they also part of the key chain at that time?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: The government offers 1553.
MS. CLARKE: No objection.
BY MR. WEINREB:
MR. WEINREB: So again, this is the Honda through the passenger window?
PATRICK MOYNIHAN: It is.
MR. WEINREB: All right. And the keys that you were just describing, that's them right there?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Exhibit 877 for the witness, please.
MR. WEINREB: Is that a fair and accurate picture of the keys?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: The government offers 877.
MS. CLARKE: No objection.
(Government Exhibit No. 877 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: And can you read what it says on the tag to the extent that it's visible?
PATRICK MOYNIHAN: I could see part of a word that says, probably, "university"; I see M-A-S, and I see D-A-R-T.
MR. WEINREB: Exhibit 1549 for the witness, please.
MR. WEINREB: Is that a fair and accurate photo?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: The government offers 1549.
MS. CLARKE: No objection.
(Government Exhibit No. 1549 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: What's pictured in Government's Exhibit 1549?
PATRICK MOYNIHAN: What you see here is just contents, miscellaneous, things that you would probably see in any compartment like that. It's Band-Aids, you see --
MR. WEINREB: Just the general -- that's the center console?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Okay. Because I have a better photo that will help you describe the contents.
MR. WEINREB: 1550 for the witness, please.
MR. WEINREB: All right. And are those the contents of the center console spread out on the butcher paper?
PATRICK MOYNIHAN: They are.
MR. WEINREB: We offer 1550.
MS. CLARKE: No objection.
(Government Exhibit No. 1550 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: I'd just like to focus your attention on one item right now, which is the one that I'm highlighting. What is that, if you know?
PATRICK MOYNIHAN: It looks like an iPod, an Apple iPod. And there's other contents there too. There's a power cord there --
MR. WEINREB: That's okay. We'll just stick with the iPod. Is that known as an iPod Nano?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Exhibit 878 for the witness, please.
MR. WEINREB: Do you recognize that?
PATRICK MOYNIHAN: I do.
MR. WEINREB: Okay.
MR. WEINREB: Exhibit 879, please.
And Exhibit 880, please.
MR. WEINREB: Are those all fair and accurate photos of items found in the backseat of the Honda?
PATRICK MOYNIHAN: They are.
MR. WEINREB: The government offers those three exhibits.
MS. CLARKE: No objection.
THE COURT: Okay.
(Government Exhibit Nos. 878, 879 and 880 received into evidence.)
MR. WEINREB: Let's go back to 878, Mr. Bruemmer.
BY MR. WEINREB:
MR. WEINREB: What are we looking at here?
PATRICK MOYNIHAN: This is the backseat of the Honda Civic with the back -- the rear driver's side door open.
MR. WEINREB: Exhibit 879.
MR. WEINREB: Is that a close-up?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Does there appear to be a wallet along the bottom of the frame towards the middle?
PATRICK MOYNIHAN: Yes, there's a black wallet there.
MR. WEINREB: Exhibit 880, please.
MR. WEINREB: Was the wallet open so this picture could be taken?
PATRICK MOYNIHAN: It was.
MR. WEINREB: And that is a driver's license photo?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: I will highlight the name here. Does it appear to be the driver's license for Tamerlan Tsarnaev?
PATRICK MOYNIHAN: It is.
MR. WEINREB: Exhibit 881 for the witness, please.
MR. WEINREB: Was there a CD found in the glove box of the Honda?
PATRICK MOYNIHAN: There was.
MR. WEINREB: Is this a fair and accurate photograph of that CD?
PATRICK MOYNIHAN: It is.
MR. WEINREB: I'm going to offer 881.
MS. CLARKE: Your Honor, subject to the same objection we had before.
THE COURT: Okay. Well, this is just a photo of it anyway, I guess, right? You're not offering the item.
MR. WEINREB: The government will be about to offer --
THE COURT: For now it's the photo?
MR. WEINREB: Yes.
(Government Exhibit No. 881 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: What did you do with these items after you removed them from the car?
PATRICK MOYNIHAN: After they were removed, they were placed into evidence bags. After they were documented, they were placed in an evidence bag and they were secured.
MR. WEINREB: By placing -- what does it mean to place something in an evidence bag and secure it?
PATRICK MOYNIHAN: Well, when we -- anytime we're dealing with any piece of evidence, we're going to have all the proper protection on our hands, our bodies, our feet, our faces to protect ourselves so we don't contaminate any piece of evidence. So with a rubber glove I picked up the CD and I placed it into an evidence bag. The evidence bag was already premarked with identifiers, so we knew that it was a purple CD, and that's primarily -- we place it in the CD and then it's properly secured and then later transported.
MR. WEINREB: All right. So that happened with the gloves?
PATRICK MOYNIHAN: I had rubber gloves on.
MR. WEINREB: No, I'm sorry. That happened with the white gloves that you recovered from the Honda?
PATRICK MOYNIHAN: That's true, yes.
MR. WEINREB: And it happened with the CD?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: And the keys?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: And with the two iPods?
PATRICK MOYNIHAN: That's correct.
MR. WEINREB: Your Honor, may I just have one moment?
(Counsel confer off the record.)
MR. WEINREB: May I have Exhibit 1529 for the witness, please.
MR. WEINREB: Do you recognize that?
PATRICK MOYNIHAN: I do.
MR. WEINREB: What is that?
PATRICK MOYNIHAN: It's a latent fingerprint card.
MR. WEINREB: Latent or known?
PATRICK MOYNIHAN: It's a known. I'm sorry. It's a known fingerprint card.
MR. WEINREB: And who is it the known fingerprint card for?
PATRICK MOYNIHAN: Dzhokhar Tsarnaev.
MR. WEINREB: The writing, the handwritten notations on it, who put those there?
PATRICK MOYNIHAN: Those are us. Whoever made an individualization. When we individualize something, there's a process we go through and we mark the actual known fingerprint card as well as make markings on some of the other paperwork that we have as well.
MR. WEINREB: All right. Is this a fair and accurate picture of the actual known fingerprints of Dzhokhar Tsarnaev that you used to make comparisons?
PATRICK MOYNIHAN: It is.
MR. WEINREB: The government offers 1529.
MS. CLARKE: It sounds like it may be a combination exhibit and chalk, your Honor. I'm not clear given the handwriting on it. We have, obviously, no objection to the known prints of Mr. Tsarnaev being before the jury.
MR. WATKINS: May I have just a moment?
THE COURT: All right.
(Discussion off the record.)
MR. WATKINS: Thank you.
THE COURT: I'll admit it.
(Government Exhibit No. 1529 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Could you just walk us through this and explain what the -- ignore the writing; I'm just interested in the fingerprints.
PATRICK MOYNIHAN: Well, the way we take fingerprints on a card like this is we start with the right hand first. So the right thumb is all the way to the left in the top box, and that's a rolled right thumb. Right next to that in the second box is the right index finger, next to that is the right middle, next to that is the right ring, and next to that is the right little. Underneath -- on the second row underneath is the left thumb, in the first box; the second box is the left index, left middle, left ring and left little -- I'm sorry. So it starts off with the left thumb, left index, left middle, left ring, left little.
MR. WEINREB: And then below it?
PATRICK MOYNIHAN: Those are what we call "slap prints." They're just a -- instead of rolling them, we actually take a fingerprint where we're just actually just placing the fingerprint straight down onto the piece of paper or onto the actual glass.
MR. WEINREB: Okay.
MR. WEINREB: Can I have Exhibit 883 just for the witness.
MR. WEINREB: Do you recognize that?
PATRICK MOYNIHAN: I do.
MR. WEINREB: What is that?
PATRICK MOYNIHAN: It's a latent fingerprint that we found on the Honda Civic.
MR. WEINREB: Okay. When you say "we found it," did you find it personally?
PATRICK MOYNIHAN: I did.
MR. WEINREB: Is that a fair and accurate photo of the fingerprint you found on the Honda?
PATRICK MOYNIHAN: It is.
MR. WEINREB: The government offers 883.
MS. CLARKE: No objection.
(Government Exhibit No. 883 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Is this a photograph of a fingerprint?
PATRICK MOYNIHAN: This is a photograph of the fingerprint on the vehicle with -- after it was fumed and powdered. And it has a measurement tool in it as well.
MR. WEINREB: So you -- so we're actually looking at the surface of the Honda right here?
PATRICK MOYNIHAN: Right here.
MR. WEINREB: And the raised things are the water and oil you spoke about earlier?
PATRICK MOYNIHAN: Yes. What you're actually seeing are white ridges here. So the areas that you're seeing the white are the actual ridges of the fingerprint.
MR. WEINREB: So you used the Super Glue fuming and the powder and then you took a high-resolution photo of it?
PATRICK MOYNIHAN: I did.
MR. WEINREB: And that's what you used to compare it to Mr. -- to the defendant's known fingerprints?
PATRICK MOYNIHAN: I did.
MR. WEINREB: Exhibit 14 -- actually, excuse me one second here, your Honor.
Exhibit 884, please, just for the witness.
MR. WEINREB: Is this a diagram you prepared to help illustrate for the jury how you did your comparison?
PATRICK MOYNIHAN: It is.
MR. WEINREB: I'd ask that it be published and used as a chalk.
THE COURT: Okay.
BY MR. WEINREB:
MR. WEINREB: Did you conclude that the fingerprint taken from the Honda was one of the defendant's fingerprints?
PATRICK MOYNIHAN: I did.
MR. WEINREB: Okay. Can you walk us through how you reached that conclusion?
PATRICK MOYNIHAN: So the process -- what I was talking about before with ACE-V, I had already gone through the analysis phase, and I went into the comparison phase and I compared it to Dzhokhar's fingerprints. And when I got to the right index finger of Dzhokhar, I saw similarities in ridge flow.
MR. WEINREB: Although it's fine, his name is Dzhokhar Tsarnaev, he'll be "the defendant" for inside the courtroom.
PATRICK MOYNIHAN: The defendant. So what I did was I saw the ridge flow -- similarities in the ridge flow, and then I started looking farther into the actual fingerprint itself and I started looking at minutia, which are those smaller characteristics which I described like the bifurcations, the ending ridges, and started making a comparison to the right index finger of the defendant.
MR. WEINREB: What were the characteristics that you focused on in particular with this print?
PATRICK MOYNIHAN: Well, immediately what I noticed that caught my eye was the core area. If you look at the questioned fingerprint, you could see three major ridges in the core. And if you look over to the known fingerprint, you could see -- and I have that indicated with F in that area. If you look at F, that's the actual center ridge of the two other ridges that I'm talking about when I'm marking these. So those three main ridges and the core are what caught my eye immediately, and then I started working off of that core area. And what stood out to me primarily in the smaller details are the unique characteristics and the uncommon things that we're always looking for are -- if you look at C and D, that's what we would refer to as a "short ridge." And if you look over on C and D on a known fingerprint, you could see where C and D is. And then if you see the spatial relationship that you could see over on both of them where it's actually located, that's what I saw as far as similarities. If you actually walk up where C and D are, you will find A, and that is a pretty large bifurcation. There was many pieces of minutia that were marked. These were pieces of minutia that I just used to help myself with talking to you.
MR. WEINREB: And I apologize if you already said this, but where on the Honda did you find this print?
PATRICK MOYNIHAN: Can I refer to my report?
MR. WEINREB: Certainly.
PATRICK MOYNIHAN: Thank you.
(Pause.)
PATRICK MOYNIHAN: It was on the rear driver's side door.
MR. WEINREB: Can I have Exhibit 885 for the witness, please.
MR. WEINREB: Now, is this another latent fingerprint that was found on the exterior rear driver's side door?
PATRICK MOYNIHAN: It is.
MR. WEINREB: Is that a fair and accurate image for it?
PATRICK MOYNIHAN: It is.
MR. WEINREB: The government offers 885.
MS. CLARKE: No objection.
(Government Exhibit No. 885 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Once again, was this print taken using that fuming and powder method?
PATRICK MOYNIHAN: Yes, it was.
MR. WEINREB: Exhibit 14 -- I'm sorry. Exhibit 886 for the witness, please.
MR. WEINREB: And again, would this chart help you illustrate your comparison?
PATRICK MOYNIHAN: It will. Can you actually come into the actual -- just zoom in on the questioned fingerprint for me when I start talking about it?
MR. WEINREB: Yes, I will.
PATRICK MOYNIHAN: Thank you.
MR. WEINREB: The government offers 886.
MS. CLARKE: I'd --
MR. WEINREB: I'm sorry. Does not offer it but asks that it be published to the jury and used as a chalk.
THE COURT: Okay.
BY MR. WEINREB:
MR. WEINREB: I'm just going to take a moment so the jury can take this in, and then I'll zoom in as you wish.
(Pause.)
MR. WEINREB: So these letters, A through F on the right and G through M on the left, are those all points of comparison that you found?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: And based on those points of comparison, did you conclude that this latent print was Dzhokhar Tsarnaev's fingerprint?
PATRICK MOYNIHAN: I did.
MR. WEINREB: All right. I'm going to zoom in on the latent now. Is that enough or --
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Okay. Go ahead.
PATRICK MOYNIHAN: Okay. So when I'm looking at this, of course, like I was describing before, these are white ridges. Now, the known is black ridges because that was either inked -- or when we have it rolled in the computer system, it comes out black. So these are white ridges. So what I immediately saw with this detail was the core again. You can see a lot of ridge endings or ending ridges. There's many bifurcations that you could see. Can you go back out, please? Thank you. So what I'm indicating there in this comparator is there's black ridges underneath the known and there's white ridges underneath the questioned latent fingerprint. So immediately when I started looking at the core and the ridge flow, I could see immediately that the ridge flow and some of the actual ridges looked very similar to me. So, again, what I did was, I went down to -- past, you know, looking at the minutia and all the characteristics, I started going and looking at known fingerprints and I came to the right index finger of the defendant and I started seeing similarities in the ridge flow and then I started to make a further comparison using the actual points that I show here on the comparator. There was ending ridges, there was bifurcations. That's pretty much what I did here.
MR. WEINREB: Now, I'm not going to go through this with every one of them --
PATRICK MOYNIHAN: Okay.
MR. WEINREB: -- but did you also find the defendant's prints on the inside of the Honda?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Where did you find them?
PATRICK MOYNIHAN: This actual fingerprint here is off the face of the radio.
MR. WEINREB: Anywhere else?
PATRICK MOYNIHAN: No, not that I recall.
MR. WEINREB: Okay. What about any on any of the items found inside the Honda?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Which ones?
PATRICK MOYNIHAN: There was many items.
MR. WEINREB: Okay. Was his fingerprint found on the iPod Nano that you recovered?
PATRICK MOYNIHAN: Yes. Yes.
MR. WEINREB: Did you find any of Tamerlan Tsarnaev's prints on the outside of the Honda using this same method?
PATRICK MOYNIHAN: We did.
MR. WEINREB: Do you recall how many you found?
PATRICK MOYNIHAN: I believe -- well, no. There was one.
MR. WEINREB: Just one?
PATRICK MOYNIHAN: Just one.
MR. WEINREB: Where was it?
PATRICK MOYNIHAN: It was on the passenger's side of the vehicle.
MR. WEINREB: Did you find Tamerlan Tsarnaev's prints on any of the items inside the Honda?
PATRICK MOYNIHAN: We did.
MR. WEINREB: On how many?
PATRICK MOYNIHAN: Many.
MR. WEINREB: You also processed the Mercedes SUV, you said?
PATRICK MOYNIHAN: That's correct.
MR. WEINREB: Could I have Exhibit 782 for the witness, please.
MR. WEINREB: Do you recognize what this is a photo of?
PATRICK MOYNIHAN: I do.
MR. WEINREB: What is it a photo of?
PATRICK MOYNIHAN: It's a photo of the front of the Mercedes, the bumper area. I was taking this photo on the ground when I took this photo.
MR. WEINREB: This is in the Watertown garage?
PATRICK MOYNIHAN: It is.
MR. WEINREB: Is it a fair and accurate photo of what you saw when you took the picture?
PATRICK MOYNIHAN: It is.
MR. WEINREB: Exhibit 783 for the witness, please.
MR. WEINREB: And that's a close-up?
PATRICK MOYNIHAN: It is.
MR. WEINREB: And is that also a fair and accurate photo?
PATRICK MOYNIHAN: It is.
MR. WEINREB: The government offers 782 and 783.
MS. CLARKE: No objection.
THE COURT: Okay.
(Government Exhibit Nos. 782 and 783 received into evidence.)
MR. WEINREB: 782, please.
BY MR. WEINREB:
MR. WEINREB: So the -- would it be fair to say that the portion of the Honda that appears on the right part of the frame is referred to as the right front -- the driver's side quarter-panel or the left front quarter-panel? You just tell me what you refer to it as.
PATRICK MOYNIHAN: I would refer to that -- the front quarter-panel would be, to me, like the piece that would be over the wheel, and this would be the bumper area or on -- like showing the bumper of the Mercedes.
MR. WEINREB: Fair enough.
MR. WEINREB: Can we have the close-up, 783, please?
MR. WEINREB: And is that an accurate photo of the left bumper of the Mercedes? I mean, the left side of the bumper -- of the front bumper of the Mercedes?
PATRICK MOYNIHAN: If I was to be sitting in the driver's seat, that would be the left side of the car.
MR. WEINREB: And those red deposits, do they appear to be blood to you?
PATRICK MOYNIHAN: They look like red-brown stains to me.
MR. WEINREB: Okay. So you can't say if they're blood or not?
PATRICK MOYNIHAN: No, I can't.
MR. WEINREB: Exhibit 898 for the witness, please.
MR. WEINREB: Do you recognize this?
PATRICK MOYNIHAN: I do.
MR. WEINREB: Is this an illustration of a fingerprint comparison you did with respect to the Mercedes?
PATRICK MOYNIHAN: It is.
MR. WEINREB: All right.
MR. WEINREB: Can we show the jury 898, please?
MR. WEINREB: Where was this latent fingerprint lifted from?
PATRICK MOYNIHAN: This latent was found and documented -- this is an actual digital image of it on the vehicle, on the Mercedes. And this was found on the gas tank cover of the Mercedes on the passenger side.
MR. WEINREB: Did you match it to Dzhokhar Tsarnaev?
PATRICK MOYNIHAN: I individualized this to the right index finger of the defendant.
MR. WEINREB: 904 for the witness, please.
MR. WEINREB: Does this chart help illustrate another comparison you did?
PATRICK MOYNIHAN: It does.
MR. WEINREB: I'd ask it be published.
MR. WEINREB: The latent fingerprint pictured in this exhibit, where was that found?
PATRICK MOYNIHAN: It was found right next to the previous one. It was right next to 13-1.3. They were right next to each other on the door -- on the exterior of the door of the gas tank.
MR. WEINREB: Okay. And did you individualize this latent print to the right index finger of Dzhokhar Tsarnaev?
PATRICK MOYNIHAN: I did.
MR. WEINREB: Exhibit 900 for the witness, please.
MR. WEINREB: Does this chart illustrate another comparison you did?
PATRICK MOYNIHAN: It does.
MR. WEINREB: If we could publish 900, please.
MR. WEINREB: Where was this latent fingerprint found?
PATRICK MOYNIHAN: This latent fingerprint was found on the passenger-side front corner-panel up towards the front of the car of the Mercedes.
MR. WEINREB: So it was found on the outside of the Mercedes?
PATRICK MOYNIHAN: It was.
MR. WEINREB: And where the hood is?
PATRICK MOYNIHAN: It was right next to the hood and -- the area of the car that's right above the wheel where the wheel well is, it's that piece of the metal that's right above the wheel.
MR. WEINREB: On which side, driver's --
PATRICK MOYNIHAN: On the passenger's side.
MR. WEINREB: Did you individualize that latent print to the left ring finger of Dzhokhar Tsarnaev?
PATRICK MOYNIHAN: I did.
MR. WEINREB: And then Exhibit 902 for the witness, please.
MR. WEINREB: Again, does that illustrate another comparison that you did?
PATRICK MOYNIHAN: It does.
MR. WEINREB: I'd ask that 902 be published.
MR. WEINREB: Where did you find this latent fingerprint?
PATRICK MOYNIHAN: This was located right next to the item that we just saw. It was right next to 13-1.17.
MR. WEINREB: On the outside of the Mercedes?
PATRICK MOYNIHAN: Yes, it was.
MR. WEINREB: And did you individualize this print to the known left middle finger of Dzhokhar Tsarnaev?
PATRICK MOYNIHAN: I did.
MR. WEINREB: How many of the defendant's fingerprints did you find on the outside of the Mercedes?
PATRICK MOYNIHAN: Can I refer to my notes?
MR. WEINREB: Yes.
PATRICK MOYNIHAN: Can you repeat the question for me, please?
MR. WEINREB: How many total of the defendant's fingerprints did you find on the outside of the Mercedes?
PATRICK MOYNIHAN: On the inside and --
MR. WEINREB: Not the inside, the outside.
PATRICK MOYNIHAN: The outside? Ten.
MR. WEINREB: How many, if any, of Tamerlan Tsarnaev's fingerprints did you find on the outside of the Mercedes?
PATRICK MOYNIHAN: Three.
MR. WEINREB: How many of Dzhokhar Tsarnaev's fingerprints did you find on items inside the Mercedes?
PATRICK MOYNIHAN: Two.
MR. WEINREB: And how many of Tamerlan Tsarnaev's fingerprints did you find on items inside the Mercedes?
PATRICK MOYNIHAN: Seven.
MR. WEINREB: Exhibit 864 for the witness, please.
MR. WEINREB: Was a CD recovered from the CD player inside the Mercedes?
PATRICK MOYNIHAN: It was.
MR. WEINREB: What's pictured in 864?
PATRICK MOYNIHAN: The CD.
MR. WEINREB: 865 for the witness, please.
MR. WEINREB: And what's pictured in 865?
PATRICK MOYNIHAN: That's the back side of the CD.
MR. WEINREB: The government offers 864 and 865.
MS. CLARKE: I realize it's just photos, but we want to preserve the objection.
THE COURT: All right. I'll admit the photos.
(Government Exhibit Nos. 864 and 865 received into evidence.)
MR. WEINREB: Can we have 864.
BY MR. WEINREB:
MR. WEINREB: So that's the front of the CD?
PATRICK MOYNIHAN: That's correct.
MR. WEINREB: And the rear?
MR. WEINREB: Could we have 865?
MR. WEINREB: The rear?
PATRICK MOYNIHAN: Yes.
MR. WEINREB: Was this CD removed in such a way to preserve any fingerprint evidence on it?
PATRICK MOYNIHAN: It was.
MR. WEINREB: Did you find a fingerprint on the CD?
PATRICK MOYNIHAN: We did.
MR. WEINREB: Whose fingerprint was it?
PATRICK MOYNIHAN: The defendant's.
MR. WEINREB: Did you also recover a magazine for a Ruger 9 mm pistol from inside the Mercedes?
PATRICK MOYNIHAN: I did.
MR. WEINREB: Where was it?
PATRICK MOYNIHAN: It was in the -- on the driver's side next to the driver's side seat.
MR. WEINREB: Exhibit 895 for the witness.
MR. WEINREB: Do you recognize that?
PATRICK MOYNIHAN: I do.
MR. WEINREB: Is that the magazine that was recovered?
PATRICK MOYNIHAN: It is.
MR. WEINREB: The government offers 895.
MS. CLARKE: No objection.
(Government Exhibit No. 895 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Now, earlier you talked about items that were recovered from inside the Honda. I'm going to identify them now for you by exhibit number. Exhibit 887 is the white gloves, Exhibit 888 were the keys from the ignition, and Exhibit 890 is the CD from the glove compartment.
MR. WEINREB: Your Honor, at this time the government offers those into evidence.
MS. CLARKE: The actual items?
MR. WEINREB: The actual items into evidence. He testified they were recovered and packaged properly and preserved.
THE COURT: Okay.
MS. CLARKE: I think we preserved the objection.
THE COURT: Yes. As we previously discussed, the CD and the keys and the gloves will be admitted.
MS. CLARKE: Is it two CDs or one CD?
(Counsel confer off the record.)
MR. WEINREB: I believe the CD from the Mercedes is already in evidence and the -- this is the CD from -- 890 is the CD from the Honda.
THE COURT: The Mercedes CD from yesterday?
MR. WEINREB: No, I believe it was this morning.
THE COURT: Oh, was it this morning? Time flies. All right. These three exhibits are admitted.
(Government Exhibit Nos. 887, 888 and 890 received into evidence.)
MR. WEINREB: And one more, which I believe is 894, which is the magazine, the 9 mm Ruger magazine that the witness testified he recovered from the inside of the Mercedes, we offer that.
THE COURT: Pictured in the photos that were just shown?
MR. WEINREB: Yes. Pictured in 895.
THE COURT: All right. Admitted.
(Government Exhibit No. 894 received into evidence.)
MR. WEINREB: Thank you. The government has no further questions.
MS. CLARKE: Just a few.
CROSS-EXAMINATION BY MS. CLARKE:
MS. CLARKE: Good afternoon.
PATRICK MOYNIHAN: Good afternoon.
MS. CLARKE: I think you've indicated to us, at least in your reporting, and I'm not sure if you've indicated it to the jury yet, there were 66 identified prints in the Mercedes?
PATRICK MOYNIHAN: Yes, there were.
MS. CLARKE: And 22 of those were on items inside the Mercedes?
PATRICK MOYNIHAN: Can I refer to my report?
MS. CLARKE: Surely.
PATRICK MOYNIHAN: Okay. Thank you.
MS. CLARKE: In fact, I could probably help you with where I got that information from.
PATRICK MOYNIHAN: That's correct.
MS. CLARKE: You got it?
PATRICK MOYNIHAN: Yeah, I have it right here.
MS. CLARKE: And you testified about Mr. Tsarnaev -- Dzhokhar Tsarnaev's prints in the Mercedes, correct? You testified about finding prints of Mr. Tsarnaev in the Mercedes?
PATRICK MOYNIHAN: Yes; that's correct.
MS. CLARKE: But you also found prints of his older brother, Tamerlan, on and in the Mercedes?
PATRICK MOYNIHAN: We did.
MS. CLARKE: All right. You also testified about prints found in the Honda. Now, if someone owned a car or drove a car regularly, you would expect to find their prints in the car. Is that correct?
PATRICK MOYNIHAN: That's correct.
MS. CLARKE: And I take it by the identification of a print on a radio faceplate, you can't say when that print was placed there, right?
PATRICK MOYNIHAN: No, I can never -- I don't know when someone leaves a fingerprint. We can't determine that.
MS. CLARKE: Fair enough. And if -- if the older brother, Tamerlan, had driven that Honda, you wouldn't always find his prints on it either?
PATRICK MOYNIHAN: That's correct.
MS. CLARKE: I think that you retrieved the wallet from the back of the Honda. Is that correct?
PATRICK MOYNIHAN: That's correct.
MS. CLARKE: The wallet that we saw in one of the pictures?
PATRICK MOYNIHAN: Yes.
MS. CLARKE: And you found a print of Tamerlan Tsarnaev on the wallet, correct? Do you need to look at your report?
PATRICK MOYNIHAN: Yeah, if you don't mind.
MS. CLARKE: That would be fine.
(Pause.)
PATRICK MOYNIHAN: We did.
MS. CLARKE: And you also retrieved that wallet from the back of the car?
PATRICK MOYNIHAN: I did.
MS. CLARKE: And there were receipts inside that wallet?
PATRICK MOYNIHAN: That's correct.
MS. CLARKE: Can you tell the jury what receipts you found inside that wallet? Do you have an independent memory of that?
MS. CLARKE: I think they're shown in Government's Exhibit 882, if I might Shanghai that exhibit.
MS. CLARKE: For the witness first.
MS. CLARKE: Does that appear to be at least a photograph of one receipt and some others around the side?
PATRICK MOYNIHAN: It appears to be.
MS. CLARKE: Does that refresh your recollection about how many receipts were found in the wallet?
PATRICK MOYNIHAN: No, it doesn't.
MS. CLARKE: All right. If I showed you a 302 about the collection of these receipts, would it perhaps refresh your recollection?
PATRICK MOYNIHAN: Perhaps.
MS. CLARKE: May I approach?
THE COURT: You may.
MS. CLARKE: If we can both stand and look at the same report, your Honor?
BY MS. CLARKE:
MS. CLARKE: Does that refresh your recollection about the receipts you retrieved from the wallet?
PATRICK MOYNIHAN: Yes, it does.
MS. CLARKE: All right. And can we tell the jury the receipts you found in the wallet including the type of receipt and the date?
PATRICK MOYNIHAN: The first one is a Target receipt dated 4/14 of 2013, reflected -- do you want me to continue to read?
MS. CLARKE: If that refreshes your recollection, you can tell them, yes.
PATRICK MOYNIHAN: Reflecting the purchase of two backpacks. There was also a MoneyGram receipt dated 4/13 of 2013, reflecting a transfer of $900 with a destination to Russia.
MS. CLARKE: And that was in the name of Tamerlan Tsarnaev?
PATRICK MOYNIHAN: I'd have to actually look at the actual receipt itself --
MS. CLARKE: Okay.
PATRICK MOYNIHAN: -- to see whether or not that's --
MS. CLARKE: We'll do that.
PATRICK MOYNIHAN: I just have to see it.
MS. CLARKE: That's fine.
PATRICK MOYNIHAN: But, I mean -- and there's also a Home Depot receipt from 3/30 of 2013 reflecting a purchase of a soldering gun.
MS. CLARKE: Any other receipts?
PATRICK MOYNIHAN: Stateline Gun and Ammo Archery receipt dated 4/11 of 2013 from New Hampshire.
MS. CLARKE: And those receipts were all found in Tamerlan Tsarnaev's wallet?
PATRICK MOYNIHAN: That's correct.
MS. CLARKE: And the sunglasses that were found with the wallet, do you recall them?
PATRICK MOYNIHAN: I do.
MS. CLARKE: And you found a print of Tamerlan Tsarnaev on that. Is that correct?
PATRICK MOYNIHAN: I'm going to have to refer to my report.
(Pause.)
PATRICK MOYNIHAN: That is correct.
MS. CLARKE: Did you bring the receipts and the wallet with you to court today?
PATRICK MOYNIHAN: No, I didn't.
MS. CLARKE: You did not have possession of it to bring it, I take it?
MS. CLARKE: I'd like to see if we can bring up pictures of the receipts, your Honor.
MR. WATKINS: Can I have this computer?
MS. CLARKE: For the witness first.
(Pause.)
MS. CLARKE: Judge, in case this is going to take a couple of minutes, do you want to take the lunch break and then we can come back and do the receipts and be done?
THE COURT: It depends on Mr. Watkins' estimate of how long it will take.
MS. CLARKE: Here we go. I'm bringing up what I'd like to have marked as Defendant's Exhibit -- next in order.
MR. WATKINS: 3051.
MS. CONRAD: 3051.
BY MS. CLARKE:
MS. CLARKE: Do you recognize that receipt?
PATRICK MOYNIHAN: I do.
MS. CLARKE: Perhaps since this is a little cumbersome, we should just go and -- I'll move to admit it.
MR. WEINREB: Yes. Your Honor, this witness is a fingerprint expert, so instead of having him just read receipts, the government will stipulate that all of these items were found in Tamerlan Tsarnaev's wallet, and has no objection to them being admitted as evidence if the defense wishes to do so.
MS. CLARKE: That would make things easier. Your Honor, he didn't testify just as to fingerprints; he collected a sizable amount of evidence.
THE COURT: Well, if he doesn't have them, I gather they're available someplace and they can be admitted.
MS. CLARKE: That would be great. That would be easier.
THE COURT: Okay.
MS. CLARKE: Thank you. Nothing further.
THE COURT: Any redirect?
MR. WEINREB: No, your Honor.
THE COURT: All right, sir. Thank you. You may step down.
PATRICK MOYNIHAN: Thank you, your Honor.
(The witness is excused.)
THE COURT: And we will now take the lunch recess.
COURT CLERK: All rise for the Court and the jury. The Court will take the lunch recess.
(The Court and jury exit the courtroom and there is a recess in the proceedings at 12:58 p.m.)
COURT CLERK: All rise for the Court and the jury.
(The Court and jury enter the courtroom at 2:11 p.m.)
COURT CLERK: Be seated.
THE COURT: Ms. Pellegrini?
MS. PELLEGRINI: The United States calls D.J. Fife.