3.Robert McCarthy — Direct/Cross
628 linesROBERT McCARTHY, duly sworn
COURT CLERK: Have a seat.
ROBERT MCCARTHY: Thank you, sir.
COURT CLERK: State your name, spell your last name for the record, keep your voice up and speak into the mic so everyone can hear you.
ROBERT MCCARTHY: Robert McCarthy, M-C-C-A-R-T-H-Y.
COURT CLERK: Thank you.
DIRECT EXAMINATION BY MR. MELLIN:
MR. MELLIN: Good morning, sir.
ROBERT MCCARTHY: Good morning, sir.
MR. MELLIN: Where are you employed?
ROBERT MCCARTHY: I'm employed with the Massachusetts State Police.
MR. MELLIN: And what is your rank?
ROBERT MCCARTHY: I'm a trooper.
MR. MELLIN: How long have you been with the Massachusetts State Police?
ROBERT MCCARTHY: Nineteen years.
MR. MELLIN: During those 19 years, generally what has been your assignment?
ROBERT MCCARTHY: I've been assigned to the road, field, assigned to the state fire marshal's office investigating origin and cause of fires, and also assigned to the bomb squad.
MR. MELLIN: How many years were you on the road?
ROBERT MCCARTHY: I was on the road for approximately four years. Three, four years.
MR. MELLIN: And at some point you were investigating fires and arsons. How long did you do that?
ROBERT MCCARTHY: I did that for six and a half years.
MR. MELLIN: And then also bombs. When did you begin investigating bombs and explosives?
ROBERT MCCARTHY: I was transferred to the bomb squad in 2005.
MR. MELLIN: And what exactly is the bomb squad?
ROBERT MCCARTHY: It's basically the hazardous devices unit. We respond to suspicious packages, explosive devices across the Commonwealth of Massachusetts. I also handle an explosive canine, so I do a lot of sweeps, protective sweeps, dignitary sweeps.
MR. MELLIN: Have you been on the bomb squad since 2005?
ROBERT MCCARTHY: Correct.
MR. MELLIN: So going till April of 2013, about eight years in the bomb squad up to that point?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Okay. You mentioned a canine. What is a canine?
ROBERT MCCARTHY: It's an explosive dog. I handle a black Labrador.
MR. MELLIN: And what does the dog do?
ROBERT MCCARTHY: It's trained to sniff for explosives.
MR. MELLIN: In April of 2013, were you working in the bomb squad at that time?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: And on the night of April the 18th of 2013, what were you doing?
ROBERT MCCARTHY: That evening we were winding down for the day. And I was up at the bomb squad command post that was set up at the Lenox Hotel.
MR. MELLIN: At some point did you get information there had been a shooting at MIT?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: What did you do in response to that?
ROBERT MCCARTHY: We were requested to respond with the explosive dogs over to the scene of the shooting.
MR. MELLIN: And what did you do with the dogs at that scene?
ROBERT MCCARTHY: We swept the area because -- explosives and also weapons, guns, ammunitions is low explosives, so the dogs are also trained to smell for weapons and evidence at a scene of a shooting.
MR. MELLIN: Generally how do you sweep something with the dog?
ROBERT MCCARTHY: There's two different ways with a dog. We could detail the dog to certain areas, or we put them on a long leash and we just let them go walk the area, sniffing the ground looking for items.
MR. MELLIN: At MIT did the dogs alert on anything?
ROBERT MCCARTHY: No, sir.
MR. MELLIN: Okay. After you went to MIT, what happened?
ROBERT MCCARTHY: We were ready to secure at MIT, we were informed that there was a carjacking over the river on the Cambridge side. So we just got -- I got in my vehicle and we just started heading over towards the Cambridge-Watertown area.
MR. MELLIN: Why did you head towards that area?
ROBERT MCCARTHY: Just to split up, see if we could locate the carjacking.
MR. MELLIN: What happened as you were proceeding towards Watertown?
ROBERT MCCARTHY: We were informed that the Watertown police were behind the vehicle --
MR. MELLIN: Did you --
ROBERT MCCARTHY: -- that matched the description of the carjacking.
MR. MELLIN: Did you respond to that area?
ROBERT MCCARTHY: I did, sir.
MR. MELLIN: What happened?
ROBERT MCCARTHY: At that time there was multiple radio calls of shots fired. "They're throwing bombs at us. We need the bomb squad." And we happened to be a few blocks away at the time.
MR. MELLIN: As you rolled up on the scene, can you describe what you saw and heard?
ROBERT MCCARTHY: Yeah. When we rolled up on the scene there was a lot of police activity on the Laurel Street area. We ended up going by Laurel Street onto Cypress Street. At that time we heard what we believed to be some type of explosion, and we saw some smoke in the street lamps.
MR. MELLIN: Can you describe the explosion?
ROBERT MCCARTHY: We were in the truck. There was so much chaos on the radio and everything, we just -- from where we were, we just heard like a loud pop and then we saw smoke in the area. We didn't know exactly where it was coming from.
MR. MELLIN: When you say you were in the truck, what do you mean? What kind of truck?
ROBERT MCCARTHY: I was in a bomb truck which is basically just a Ford F-350 with -- has all our equipment in the back of it.
MR. MELLIN: When you got to that scene, what did you do?
ROBERT MCCARTHY: There were other police officers on Cypress Street. They basically jumped out in front of us. They recognized the vehicle. They said, "They're throwing bombs at us." I said, "We know, we heard it." At that time they pointed up a driveway. We attempted to go up that driveway. At that time, you know, we heard gunfire. We didn't know where it was coming from. So we retreated back to the vehicle, back to the truck.
MR. MELLIN: At some point did the gunfire stop?
ROBERT MCCARTHY: We proceeded -- we tried to get over to that area but we could not due to the roads being blocked by other police cruisers. We went around to School Street, I believe it was. And then at that time there was multiple, multiple calls that "We need the bomb squad." "We need the bomb squad." We had other bomb squad members responding to the scene. At that time I was requested to respond up to Mount Auburn Street for suspicious items in the road.
MR. MELLIN: How far away is Mount Auburn from Laurel?
ROBERT MCCARTHY: I would say it's within a mile.
MR. MELLIN: Did you go to Mount Auburn?
ROBERT MCCARTHY: I did go to Mount Auburn Street.
MR. MELLIN: Anything happen there?
ROBERT MCCARTHY: There were multiples. I assisted another trooper assigned to the bomb squad. He had a cardboard box that was in the middle of the road. Still there were multiple calls so we rather than x-ray the item like we usually do, we just did a general destruction with a water cannon on it to open the package up.
MR. MELLIN: Okay. What do you mean by that?
ROBERT MCCARTHY: We just want to disrupt the package, see what the contents of it are. So we have -- basically it's like a shotgun but we can shoot water out of it. So we shot -- you know, it's like a water cannon. And we shot it at the suspected item, the cardboard box, which opened it up and displaced all the contents.
MR. MELLIN: So that was not a bomb, as it turned out?
ROBERT MCCARTHY: No, it turned out to be nothing.
MR. MELLIN: Okay. So did you then go back to Laurel Street?
ROBERT MCCARTHY: Yeah, then I was requested to make my way down to the intersection of Laurel and Dexter Street, that they had potentially a couple of live devices in the middle of the roadway and also a suspect vehicle that they wanted us to clear.
MR. MELLIN: By that time had the Mercedes SUV left the scene?
ROBERT MCCARTHY: Yes.
MR. MELLIN: So as you got back to that scene, what happened?
ROBERT MCCARTHY: Basically we started coming up with an operational plan with the devices in the road, should we render them safe where they are or try to transport them to a safer location. We also wanted to clear the vehicle. And we were informed that, you know, there might be suspects in the area. So we wanted to determine how we were going to potentially deal with these devices in regards to our own safety and the safety of the residents.
MR. MELLIN: And the vehicle you're talking about, is that the Honda that was still left in the street?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Okay. You mentioned rendering something safe. What does that mean?
ROBERT MCCARTHY: It would mean -- we were told there were potential pipe bombs in the middle of the road that were still live, still be able to be functioned. We have different tools to render them safe. Basically, open them up, vent them. Basically, rather than shoot water at it, we shoot some other round at it to open them up. At that time it was determined that we did not want to render these items safe where they were, we wanted to --
MR. MELLIN: Why not?
ROBERT MCCARTHY: Just for the safety -- there were still residents in their homes. We were informed there was a suspect in the neighborhood. So rather than potentially, you know, secure these items and render them safe in the middle of the road, we determined that we were going to transport them to another location.
MR. MELLIN: How is it you would go about picking up these items that were out on the street?
ROBERT MCCARTHY: We did it robotically.
MR. MELLIN: If I could have you look first at Exhibit 831.
MR. MELLIN: Just for the witness.
MR. MELLIN: Do you recognize Exhibit 831?
ROBERT MCCARTHY: I do, sir.
MR. MELLIN: And, Trooper McCarthy, what is that?
ROBERT MCCARTHY: That belongs to the Cambridge Police Bomb Squad. It's basically a truck pulling the trailer, and on the trailer, we call that a TVC, which is a total containment vessel, basically a bomb pod.
MR. MELLIN: If you can hold on for one second. Is that a fair and accurate photograph of that TVC on the street?
ROBERT MCCARTHY: Yes, it is.
MR. MELLIN: From April the 19th?
ROBERT MCCARTHY: Correct, sir.
MR. MELLIN: Your Honor, I would move into evidence and ask to publish Exhibit 831.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 831 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: All right, Trooper. You were about to talk about what the TCV is and what we see in Exhibit 831. If you could for the ladies and gentlemen, where is -- the vehicle towards the left of this photograph, what is that?
ROBERT MCCARTHY: That is the Cambridge Police Department's bomb squad vehicle.
MR. MELLIN: And then what is the item behind that?
ROBERT MCCARTHY: That's their trailer, and on the trailer is their total containment vessel.
MR. MELLIN: And what exactly is a total containment vessel, or a TCV?
ROBERT MCCARTHY: It's basically a bomb pod. We can put explosives in there, close it up, transport them to another location. If the explosives were to go off, these vessels are able to withstand the blast.
MR. MELLIN: And is that actually the way these two pipe bombs were transferred?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: If I could have just the trooper look at 832, please.
MR. MELLIN: Do you recognize Photo 832?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: What is that?
ROBERT MCCARTHY: On the right-hand side is a vehicle belonging to the Boston Police Department's bomb squad, in the middle of the roadway is one of our robots, and on the left is the same vehicle from a different angle. That's the Cambridge Police Department's bomb truck.
MR. MELLIN: Is Exhibit 832 a photograph that is a fair and accurate photo of the events that occurred on April the 19th, 2013?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Your Honor, I would move into evidence and ask to publish Exhibit 832.
MR. WATKINS: No objection.
THE COURT: All right.
(Government Exhibit No. 832 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Now, sir, just for the jury, you were mentioning that to the right of the photograph is what?
ROBERT MCCARTHY: That is -- it's similar to our bomb trucks that we have but that belongs to Boston Police Department's bomb squad.
MR. MELLIN: And in the middle what do you see?
ROBERT MCCARTHY: That is one of our robots.
MR. MELLIN: And then to the left you were describing -- what is that truck?
ROBERT MCCARTHY: That's the Cambridge Police Department's bomb squad vehicle.
MR. MELLIN: Okay. Now, looking at the robot, how is it that you use the robot to acquire the devices?
ROBERT MCCARTHY: Basically, they handle from like almost a computer. And I believe that's what's on the table, the drawer to the right on the vehicle, the Boston bomb squad, where someone would operate it remotely, from a laptop almost.
MR. MELLIN: And then if I could have you look at Exhibit 833. Do you recognize Exhibit 833?
ROBERT MCCARTHY: Yes. This is a -- this is a different robot than the other one in the other picture but that is one of our other robots.
MR. MELLIN: And is that also a fair and accurate photograph of what was going on on Laurel Street on April the 19th of 2013?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Your Honor, I would move into evidence Exhibit 833 and ask to publish that.
MR. WATKINS: No objection.
(Government Exhibit No. 833 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Trooper, as you look at Exhibit 833, you said the robot that we see is different from the other robot, correct?
ROBERT MCCARTHY: Correct.
MR. MELLIN: Do you see an item in the middle of that photograph?
ROBERT MCCARTHY: Yes.
MR. MELLIN: And what is that?
ROBERT MCCARTHY: I believe that is one of the suspected explosive devices.
MR. MELLIN: Okay. And what does the robot do with that device?
ROBERT MCCARTHY: Well, this robot in particular has four cameras on it. So the operator is probably looking at the device, and then towards the front of the robot is where it has grippers, and almost like a robotic hand.
MR. MELLIN: If you could just for -- just touch the screen. You can touch the screen with the pad of your finger. If you could just circle these grippers that you're referring to.
ROBERT MCCARTHY: (Witness complies.) And there's a camera right above the grippers.
MR. MELLIN: And so what do the grippers do?
ROBERT MCCARTHY: It's basically like a hand. It opens and closes, and it can pick items up, drag items, you know, numerous different things.
MR. MELLIN: So did this robot pick up that explosive device?
ROBERT MCCARTHY: Yes, eventually it did.
MR. MELLIN: Okay. What do you do to make sure that no one is affected if this robot picks up a device that goes off?
ROBERT MCCARTHY: Basically we clear out the area, and that's why it's done remotely by the operator.
MR. MELLIN: And then what does the robot do with the device once it picks it up?
ROBERT MCCARTHY: It depends on the situation. A lot of times it carries it to a safer area where we might have, you know, put sandbags out and moved it over to that area. But in this case it was transported to the total containment vessel and placed inside the total containment vessel.
MR. MELLIN: That's one of the devices. You mentioned there was a second device as well. Is that right?
ROBERT MCCARTHY: Correct, sir.
MR. MELLIN: And what happened to that device?
ROBERT MCCARTHY: That was also put into the total containment vessel. Both items were put in the same vessel.
MR. MELLIN: Once they were put into the vessel, what happened?
ROBERT MCCARTHY: They were transported to a safer location out at Moon Island out where the Boston Police Department has their gun range.
MR. MELLIN: Where's Moon Island?
ROBERT MCCARTHY: You go through Quincy. It's by Quincy. It's out over in the Boston Harbor.
MR. MELLIN: And what happened once the devices went to Moon Island?
ROBERT MCCARTHY: That vehicle in the total containment vessel stayed there, was secured there.
MR. MELLIN: Okay. At some point were these devices investigated or rendered safe?
ROBERT MCCARTHY: On Saturday morning --
MR. MELLIN: The 20th?
ROBERT MCCARTHY: -- I believe it was the 20th, I went out there with members of the Boston Police Department's bomb squad and members of the FBI, who are also bomb techs, to render these items safe.
MR. MELLIN: And how was that done?
ROBERT MCCARTHY: We basically wanted to preserve them for evidence, so we came up with the idea, we had a vice, and we put a vice on top of a piece of plywood and secured that to one of the posts that was out at the range. And we were going to remove the items robotically, place them in the vice, and then tighten the vice to hold the suspected items. And these pipes were -- we call it they were internally threaded, so the threads were on the inside of the pipe, and it did have like an area on the outside of the end cap where we could grip that with another robot and unscrew it robotically.
MR. MELLIN: Were you able to unscrew it without it exploding?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Then what happens?
ROBERT MCCARTHY: We basically had a non-static plastic bag taped underneath the vice, and then when the cap came off, the powder would fall into the evidence bag.
MR. MELLIN: If you can just generally describe how would one of these devices work? How would it explode?
ROBERT MCCARTHY: Basically, it's an explosive train. You've got to ignite the powder inside, usually with the fuse. Sometimes it's electronically, sometimes it's with a hobby fuse. And when the powder starts to burn, the gases build up inside that vessel, whether it be a pipe, piece of PVC, plastic bottle. Whatever the vessel is. The gases build up in that vessel until that vessel cannot contain those gases anymore, and then it releases and causes an explosion.
MR. MELLIN: Now, after these items were rendered safe and the gunpowder is poured out of them, or the explosive is poured out of them, what happened to the items?
ROBERT MCCARTHY: I believe members of the FBI evidence team secured the items.
MR. MELLIN: And were they sent down to Quantico, to the FBI lab?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: If I could please have Exhibit 776.
THE COURT: Is this in evidence?
MR. MELLIN: I'm not sure, your Honor.
COURT CLERK: Yes, it is.
THE COURT: The clerk tells me it is.
MR. MELLIN: If I could ask to publish it, then.
BY MR. MELLIN:
MR. MELLIN: Trooper, do you see the item that's in the middle of this photograph, Exhibit 776?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: What is that?
ROBERT MCCARTHY: That is one of the suspected devices on Laurel Street.
MR. MELLIN: Okay. Now, you were talking about how one of these items would be detonated. Do you see there's a green thread on the device as you look at it?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: What exactly is that?
ROBERT MCCARTHY: That would be a piece of hobby fuse.
MR. MELLIN: And how would you go about detonating something like this with that hobby fuse?
ROBERT MCCARTHY: The hobby fuse would be the first item in the explosive train. The hobby fuse would have to be lit by an open flame.
MR. MELLIN: And if I could pull up Exhibit 834, please, which is not in evidence.
MR. MELLIN: Trooper, do you see Exhibit 834?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Is that a photograph of that device that we just saw in the other photograph?
ROBERT MCCARTHY: Yes, it is. It's after we rendered it safe and removed one of the end caps.
MR. MELLIN: And this actually has the Q number assigned by the FBI lab. Is that right?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Your Honor, I would move into evidence Exhibit 834.
MR. WATKINS: No objection.
MR. MELLIN: And ask to publish it.
THE COURT: All right.
(Government Exhibit No. 834 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: And if you can describe what we see in this photograph?
ROBERT MCCARTHY: That is one of the suspected devices after we rendered it safe and removed the powder to separate it from the pipe, and then it was collected by the evidence team.
MR. MELLIN: So at this point in time these items are rendered safe because there's no longer the powder in them, correct?
ROBERT MCCARTHY: There's not the powder in them and there's no -- with the end cap removed, there's no potential to have it burn and the gas build up within the vessel.
MR. MELLIN: Your Honor, if I may approach the witness --
THE COURT: Okay.
MR. MELLIN: -- with Exhibit 964.
BY MR. MELLIN:
MR. MELLIN: Trooper, could you look in that bag and see if you recognize what's in that bag?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Do you recognize what is 964?
ROBERT MCCARTHY: Yes, sir. That was the item in the picture and also the item that was recovered from Laurel Street.
MR. MELLIN: Your Honor, I would move into evidence Exhibit 964.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 964 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Trooper, as you look at what is inside that bag and what is 964, can you describe what the items are?
ROBERT MCCARTHY: It's basically an elbow. I'd say it's approximately two inches in diameter, and it still has one end cap on it and one end cap removed. There is also a hole in the elbow and a piece of hobby fuse. And in the interior of the pipe it is lined with some sort of epoxy and then lined with BBs.
MR. MELLIN: Now, when you say there's a hole in it for the hobby fuse, what are you talking about?
ROBERT MCCARTHY: That's when I explained the hobby fuse with the explosive train, the hobby fuse would burn down into the pipe and then ignite the powders, and that in turn would cause the powder to burn to build up the gases within the vessel.
MR. MELLIN: You mentioned it's an elbow. And just for the record, we're not talking about a human elbow, correct? What are we talking about?
ROBERT MCCARTHY: It's not a straight piece of pipe. It's a 90-degree pipe.
MR. MELLIN: And as you hold that piece of pipe, how heavy is it?
ROBERT MCCARTHY: It's really heavy.
MR. MELLIN: Is there a reason that you're aware of why someone would choose to use an elbow as an explosive device?
ROBERT MCCARTHY: We -- typically we don't see these types of pipe --
MR. WATKINS: Objection, your Honor. Objection.
THE COURT: Overruled.
ROBERT MCCARTHY: We don't see these type of pipe bombs; they usually are a straight length. In my field, rather than calling this a pipe bomb, I almost called it an improvised grenade. Just from my experience, the reason why it would be elbowed, so --
MR. WATKINS: Objection, your Honor.
MR. MELLIN: Your Honor, he said based on his experience.
THE COURT: Go ahead.
ROBERT MCCARTHY: That when it's tossed it will not roll away; it will land and stop in its spot where it's intended to be.
BY MR. MELLIN:
MR. MELLIN: Now, you mentioned there were some items inside that device even today. Is that right?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: And what is it you see inside there?
ROBERT MCCARTHY: It looks like it's lined with BBs.
MR. MELLIN: The explosive powder that was inside of it, can you describe the quantity? How much was inside of it?
ROBERT MCCARTHY: It was full.
MR. MELLIN: And would you -- based on your training and experience, is that a lot of explosive device?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Your Honor, if I may pick up the item and display it for the jury, please?
THE COURT: Yes, you may.
(Exhibit No. 834 displayed to the jury.)
BY MR. MELLIN:
MR. MELLIN: Trooper, as you look inside Exhibit 834, the BBs are attached to the wall. Is that right?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Do you know how that happens?
ROBERT MCCARTHY: Some sort of epoxy or glue.
MR. MELLIN: And as I hold this up, there's also the hole that you were discussing. Is that right?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: And that's where the fuse was?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: I'll hand this back to you.
ROBERT MCCARTHY: Thank you.
MR. MELLIN: If I could please have Exhibit 835 brought up just for the witness.
MR. MELLIN: Do you see Exhibit 835 on your screen?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Do you recognize what that is?
ROBERT MCCARTHY: That is the length of hobby fuse that was secreted in the pipe.
MR. MELLIN: Your Honor, I would move into evidence Exhibit 835 and ask to publish.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 835 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: As you look at Exhibit 835, there's three pieces in that photograph. Is that right?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: And what exactly is that and how does it work?
ROBERT MCCARTHY: That is the hobby fuse that burns, like I said, it's the beginning of the explosive train, to ignite the device.
MR. MELLIN: And that's the fuse that was inside the hole that was in Exhibit 964?
ROBERT MCCARTHY: It was in the interior and the exterior.
MR. MELLIN: If you wouldn't mind kind of setting those items aside.
MR. MELLIN: And if I could have Exhibit 840 brought up for the witness.
MR. MELLIN: And finally, if you could just -- what is Exhibit 840?
ROBERT MCCARTHY: This is the same device, the 90-degree elbow pipe after it's been rendered safe. You could see the pipe lined with the BBs and the hobby fuse in the interior.
MR. MELLIN: Your Honor, I would move into evidence Exhibit 840 and ask to publish.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 840 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: And again, Trooper, this is the inside of the item that we were just talking about. Is that right?
ROBERT MCCARTHY: That's correct.
MR. MELLIN: And you can see the BBs inside there?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: All right. Thank you. You mentioned there was a second pipe. If I could have you look at the Exhibit 842. Actually, that's a close-up of the one we just saw. Is that right?
ROBERT MCCARTHY: I don't believe it is. I believe that's the straight device.
MR. MELLIN: Actually, I stand corrected. You're right. All right. And can you describe what you see there?
ROBERT MCCARTHY: That's basically just another pipe length. It's straight after it's been rendered safe and the powder's been removed. And you could see the hobby fuse on the exterior and the interior of the pipe. And this pipe is also lined with BBs.
MR. MELLIN: Your Honor, I would move into evidence Exhibit 842 and ask to publish.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 842 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Okay. Now, looking at this photograph, 842, this, again, was the second item that was rendered safe. Is that right?
ROBERT MCCARTHY: Correct.
MR. MELLIN: How much powder was in this item?
ROBERT MCCARTHY: It was full.
MR. MELLIN: And is that a substantial amount of powder for something this size?
ROBERT MCCARTHY: Yes.
MR. MELLIN: And you mentioned the BBs there, again, are lining the inside of that container. Is that right?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: If I may approach with Exhibit 967, your Honor.
THE COURT: All right.
BY MR. MELLIN:
MR. MELLIN: Do you recognize the items in Exhibit 967?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: And what are they?
ROBERT MCCARTHY: This was another suspected device that was removed from Laurel Street and taken out to the Boston Police Department's gun range on Moon Island.
MR. MELLIN: Is that the item that we just saw that was Exhibit 842, the photograph?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Your Honor, at this time I would move into evidence Exhibit 967.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 967 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: As you look at Exhibit 967, what do you notice about it?
ROBERT MCCARTHY: It's particularly the same device except it's a straight length of pipe rather than a 90-degree elbow bend.
MR. MELLIN: And has the fuse been pulled out of 967?
ROBERT MCCARTHY: It has.
MR. MELLIN: Okay. As we saw in 842, the photograph, the fuse was in at the time?
ROBERT MCCARTHY: In at the time of recovery or --
MR. MELLIN: Yes, in at the time of recovery.
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Your Honor, if I may approach again, grab the item and display it.
THE COURT: Yes.
(Exhibit No. 967 displayed to the jury.)
BY MR. MELLIN:
MR. MELLIN: Trooper, do you recall the -- with the hole that is in Exhibit 967 for the fuse, do you remember if that was taped in or if that was just pushed in?
ROBERT MCCARTHY: I don't recall.
MR. MELLIN: Do you recall seeing the electrical tape that was on the other item?
ROBERT MCCARTHY: I do.
MR. MELLIN: Okay. And was that electrical tape the black electrical tape used to hold that fuse in place?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Finally, if I can have you look at Exhibit 843. Do you recognize Exhibit 843?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: What is that?
ROBERT MCCARTHY: That's the length of the hobby fuse for this item.
MR. MELLIN: And is that a fair and accurate picture of the hobby fuse that was in that item?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Move into evidence Exhibit 843, your Honor.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 843 received into evidence.)
MR. MELLIN: And if I may approach with Exhibit 968, your Honor.
BY MR. MELLIN:
MR. MELLIN: Do you recognize Exhibit 968?
ROBERT MCCARTHY: Yes, this is the length of the hobby fuse in the photo.
MR. MELLIN: So that's the hobby fuse that's shown in Exhibit 843?
ROBERT MCCARTHY: Correct.
MR. MELLIN: What do you notice about the hobby fuse that you see in 843, or the actual item, 968 in front of you?
ROBERT MCCARTHY: It appears that, looking at this photo, the right side of the hobby fuse, it appears that it was attempted to be ignited. There's a little scorching burnt mark on the end of the hobby fuse.
MR. MELLIN: That indicates that it was lit, but it did not burn down?
ROBERT MCCARTHY: Correct.
MR. MELLIN: Now, you mentioned on the scene the Honda was left behind. Is that right?
ROBERT MCCARTHY: That is right.
MR. MELLIN: And at some point did you search the Honda?
ROBERT MCCARTHY: I did.
MR. MELLIN: How did you go about doing that?
ROBERT MCCARTHY: We initially sent the robots downrange to get a visual on the Honda, look inside of it with the cameras to see if there were any other potentially dangerous items in the area. The robot had difficulty opening the trunk, so I put on a bomb suit -- one of our bomb suits, protective gear.
MR. MELLIN: And exactly what is that?
ROBERT MCCARTHY: It's basically made of Nomex and Kevlar to protect us from, you know, flammable -- or flames, and also explosives. It's a head-to-toe bomb squad, as many people have seen, the big green suit that we walk around in.
MR. MELLIN: Why did you put that on?
ROBERT MCCARTHY: Because we -- the vehicle could not be totally cleared by the robot. So basically I put on the bomb suit, I went downrange to the vehicle. I took a rigging line with me, which is basically just rope with a clamp, and I -- rather than just go and open up the trunk, I hooked it onto the trunk latch on the driver's side, I believe it was down by the floor, hooked on the rope and the latch, I backed up to a safe distance and then popped the trunk open, pulled the rope, and was able to pop the trunk remotely.
MR. MELLIN: Did you find any other explosive devices in the car?
ROBERT MCCARTHY: After we popped the trunk I went down and did another visual inspection of the vehicle, and I did not observe any other explosive items.
MR. MELLIN: At some point did you find a computer bag in the car?
ROBERT MCCARTHY: I did, sir.
MR. MELLIN: And was that computer bag removed from inside the car?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Okay. If I could have you look at Exhibit 866, which I believe is in evidence.
MR. MELLIN: If it is not, then if I could just show it to the --
COURT CLERK: No, it is not.
MR. MELLIN: All right. I take that back.
BY MR. MELLIN:
MR. MELLIN: Trooper, do you see Exhibit 866?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: And do you recognize what that is?
ROBERT MCCARTHY: That is the suspect vehicle, the Honda, on Laurel Street.
MR. MELLIN: And do you see the computer bag in that photo?
ROBERT MCCARTHY: I do.
MR. MELLIN: Is that a fair and accurate photo of the scene on April the 20th of 2013?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Okay.
MR. MELLIN: Your Honor, I would move into evidence and ask to publish Exhibit 866.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 866 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: As we look at Exhibit 866, that's a daytime photo, correct?
ROBERT MCCARTHY: Correct.
MR. MELLIN: So that's the following day or --
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Is it the 19th or the 20th? I'm sorry. Was it the daytime of the 19th?
ROBERT MCCARTHY: I believe that was the daytime of the 19th, yes.
MR. MELLIN: Okay. Now, as we look at the photograph, in the middle of the photograph is the green Honda. Is that right?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Where is the computer bag we are talking about?
ROBERT MCCARTHY: It is the bag on the street, I would say located closest to the tree, in between the tree and vehicle.
MR. MELLIN: If you could do me a favor and circle that, please?
ROBERT MCCARTHY: (Witness complies.)
MR. MELLIN: And you just described the item, but it's the bag in the middle of the photograph by the tree?
ROBERT MCCARTHY: Correct, sir.
MR. MELLIN: All right. Did you also see some bags to the bottom left of that photograph?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: And are those backpacks that were left on the scene?
ROBERT MCCARTHY: I believe so, yes.
MR. MELLIN: The computer bag itself, did you ever open that bag at that time?
ROBERT MCCARTHY: I did not.
MR. MELLIN: What was done to have some sense as to what was in the bag, if anything?
ROBERT MCCARTHY: I removed the item, put it over closest to where one of the robots were so the robot could try to secure it. At that time I didn't want to open it. And we wanted to x-ray it to see what the bag contained, any dangerous items.
MR. MELLIN: Was it x-rayed at that time?
ROBERT MCCARTHY: It was x-rayed, yes.
MR. MELLIN: Are you aware of it containing any dangerous items?
ROBERT MCCARTHY: Not that I was aware of, no.
MR. MELLIN: And at that point then, you leave the bag alone?
ROBERT MCCARTHY: Yes.
MR. MELLIN: At some point did you go to the scene where the Mercedes was left?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: When did you do that?
ROBERT MCCARTHY: Actually, at the time there were -- the other bomb techs were going downrange to x-ray this bag, I received a call. Someone advised me that one of the special agent bomb techs from the FBI was up the street at Spruce and Lincoln Street, that he located a suspected explosive device in the vehicle and he was requesting assistance.
MR. MELLIN: The vehicle you're now talking about was in the Mercedes?
ROBERT MCCARTHY: Correct, sir.
MR. MELLIN: So the item was in the Mercedes? I'm sorry.
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Okay. If I could have you look at what is already in evidence, Exhibit 795. Trooper, do you recognize Exhibit 795?
ROBERT MCCARTHY: Yes, this is another one of the suspected vehicles, the Mercedes.
MR. MELLIN: Is this a photograph of the Mercedes?
ROBERT MCCARTHY: Correct, sir.
MR. MELLIN: And is that where it was left on the street?
ROBERT MCCARTHY: Yes, sir. When I arrived, that's where it was.
MR. MELLIN: And then if I could also have you look at 796 which is also already in evidence. Do you recognize that photo?
ROBERT MCCARTHY: This is another photograph of the Mercedes.
MR. MELLIN: Okay. The -- in this photograph the front driver's door and the front passenger door are both open. Is that right?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: And the back door behind the driver is open as well. Is that right?
ROBERT MCCARTHY: Correct, sir.
MR. MELLIN: Okay. You mentioned that there was something found in this car. What was found in this car?
ROBERT MCCARTHY: It was basically a Tupperware box that was -- had fuses -- had a fuse coming out of it.
MR. MELLIN: Was there a concern at that time about that item?
ROBERT MCCARTHY: Yes, that that was another improvised explosive device.
MR. MELLIN: And the item itself was actually found where in the car?
ROBERT MCCARTHY: It is found on the floorboard of the rear seat behind the driver's seat.
MR. MELLIN: So near the door -- as we look at 796, near the door on the left that's open?
ROBERT MCCARTHY: Yes.
MR. MELLIN: All right. If I could have you look at Exhibit 852, which is not in evidence yet, I don't believe. Do you recognize Exhibit 852?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: What is that?
ROBERT MCCARTHY: That was the device that was removed from the Mercedes, and then at this point it was considered rendered safe.
MR. MELLIN: Is that a fair and accurate photograph?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Move into evidence Exhibit 852, your Honor, and ask to publish it.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 852 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Sir, if we look at Exhibit 852, the item itself is now not in the Mercedes but behind a Jeep. Is that right?
ROBERT MCCARTHY: Correct.
MR. MELLIN: Is that how it was when you came on the scene?
ROBERT MCCARTHY: No, sir.
MR. MELLIN: Okay. So how was that item removed from the Mercedes?
ROBERT MCCARTHY: We wanted to remove it from the Mercedes to examine it further. We called another robot to the scene. We attempted to remove the item with the robot without success. It was in an awkward position, it was a little heavy, so we were unable to get it out with the robot. So it's the same as I did with the trunk release. I had a rigging line, which is basically a rope with a clamp on it, went to the vehicle, put the clamp on the Tupperware container and then brought the rope back, you know, over a tree limb, over to -- and then I went behind a house -- took cover behind a house and pulled on the rope. And basically, the Tupperware container came out of the vehicle and landed in the street.
MR. MELLIN: And did it land essentially where it is here in this photograph?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: At that point, what did you do?
ROBERT MCCARTHY: At that point we did x-ray the item. We wanted to see what was in the item before we tried out our options to render it safe.
MR. MELLIN: When it came out of the vehicle, did the lid pop off of it?
ROBERT MCCARTHY: No, the lid was still on top of it. It was still intact.
MR. MELLIN: So how did you go about rendering it safe?
ROBERT MCCARTHY: We talked about -- the same thing: Shoot a water cannon on it, destructing it. You could put explosives on it to countercharge it but, you know, we are in a residential neighborhood. We had other vehicles around. We were confident with this being Tupperware, and plastic on plastic, whereas it's not metal on metal which can cause friction to ignite powder -- it doesn't have to be a hobby fuse with flame. Friction could ignite powders also. So with this being plastic, and after x-raying it and determining that it looked like just some more hobby fuse and powder, it didn't look like the lid was booby-trapped in any way, we had another bomb tech put on the bomb suit, went downrange and just took the lid off the cover of it -- took the cover off the container.
MR. MELLIN: Got it.
MR. MELLIN: If I could have the trooper look at 853, please.
MR. MELLIN: What is Exhibit 853?
ROBERT MCCARTHY: That is the device after removed from the Mercedes and after we considered it, you know, rendered-safe.
MR. MELLIN: Your Honor, I would ask to move into evidence Exhibit 853 and ask to publish it.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 853 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Trooper, you mentioned that the robot had trouble picking up this item because it was heavy?
ROBERT MCCARTHY: Yeah, it was at a bad angle on account of the street, and the robot that we were utilizing was a smaller robot. And it just couldn't lift it. It was rather heavy for being just a piece of plastic.
MR. MELLIN: As you look at Exhibit 853, can you describe the two items that you see in 853?
ROBERT MCCARTHY: Basically you have the container, the bowl of the Tupperware, which contained powder, and then on top of it was multiple lengths of hobby fuse. To the left was the lid for the Tupperware container which had --
MR. MELLIN: If you could just circle the lid just so we're all clear.
ROBERT MCCARTHY: (Witness complies.)
MR. MELLIN: And in the photograph you circled the white item that has a fuse in it?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: All right. You mentioned it's heavy. Plastic Tupperware is not that heavy, is it, the container itself?
MR. MELLIN: The fuses themselves are not very heavy, are they?
ROBERT MCCARTHY: No, sir.
MR. MELLIN: What was providing the weight?
ROBERT MCCARTHY: Just the amount of powder that was in it.
MR. MELLIN: How much powder was in it?
ROBERT MCCARTHY: I don't particularly know how much was in it. Two to three pounds. I couldn't give you an exact.
MR. MELLIN: And just so we're all clear, the item that was actually in the car had the top on it. Is that right?
ROBERT MCCARTHY: Correct.
MR. MELLIN: So the fuse was going through the top?
ROBERT MCCARTHY: Yeah, there was a hole in the middle of the lid, and actually three lengths of hobby fuse were taped together, and it was protruding into the container.
MR. MELLIN: If I could have you please look at Exhibit 855. Do you recognize Exhibit 855?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: What is that?
ROBERT MCCARTHY: I believe that's the Tupperware container after all the items had been removed. Obviously, a lab picture.
MR. MELLIN: Is that a fair and accurate photo of the Tupperware container?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: I'd move that into evidence, your Honor, and ask to publish.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 855 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Just so we're all clear, that's a photograph of the container itself?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Okay. And there's what appears to be remaining items in that container to some extent. What would that be?
ROBERT MCCARTHY: Just powder residue.
MR. MELLIN: And if I could have you please look at Exhibit 856. Do you recognize Exhibit 856?
ROBERT MCCARTHY: That is the lid for the Tupperware container.
MR. MELLIN: Is that a fair and accurate photograph of it?
ROBERT MCCARTHY: It is, sir.
MR. MELLIN: Move into evidence Exhibit 856, your Honor, and ask to publish it.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 856 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Sir, do you see that photograph now in front of you?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: Can you just describe for the ladies and gentlemen of the jury what we're looking at.
ROBERT MCCARTHY: It's the bottom side of the lid to the Tupperware container. It still has some powder residue to it, and it also has the hobby fuse placed through a center hole of the lid.
MR. MELLIN: And you've referred repeatedly to hobby fuse. What is a hobby fuse?
ROBERT MCCARTHY: A hobby fuse is just, like I said, the beginning of an explosive train. It's the first stage to ignite an item, to ignite fireworks, you know, so it burns down and then hits the explosive charge.
MR. MELLIN: Your Honor, if I may approach with two other items?
THE COURT: You may.
BY MR. MELLIN:
MR. MELLIN: Sir, I just handed you two items. I think they're Exhibit 854 and Exhibit 1126. Do you recognize them?
ROBERT MCCARTHY: Yes, sir.
MR. MELLIN: What are they?
ROBERT MCCARTHY: The first item I have here is the Tupperware container with the lid on it, and there's also the hobby fuse that was also through the top lid of the container.
MR. MELLIN: Can you open that up and pull it out?
ROBERT MCCARTHY: I could try.
MR. MELLIN: And as you look at that there, is that how that appeared when it sat on the rear floorboard behind the driver's seat in that SUV?
ROBERT MCCARTHY: It appeared like this but it also had the hobby fuse protruding from the top.
MR. MELLIN: All right. And the other bag, Exhibit 1126, what are all the items in there?
ROBERT MCCARTHY: I believe that is all the hobby fuse that was removed from the container along with a powder sample.
MR. MELLIN: Your Honor, if I may approach and display the Tupperware item to the jury.
THE COURT: All right.
MR. MELLIN: Thank you.
THE COURT: Actually, I think you have to -- it has to be offered.
MR. MELLIN: I'm sorry, your Honor. I would move into evidence --
MS. PELLEGRINI: 854.
MR. MELLIN: -- one item, 854, and also the fuses, which are Exhibit 1126, I believe.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit Nos. 854 and 1126 received into evidence.)
(Exhibit Nos. 854 and 1126 displayed to the jury.)
MR. MELLIN: Thank you, your Honor. Nothing further.
MR. WATKINS: Just a couple of questions.
CROSS-EXAMINATION BY MR. WATKINS:
MR. WATKINS: Good morning.
ROBERT MCCARTHY: Good morning, sir.
MR. WATKINS: So you initially arrived at the Laurel and Dexter area while the bombs were going off?
ROBERT MCCARTHY: I believe while one of the bombs went off, yes.
MR. WATKINS: And you were able to see that from where you were?
ROBERT MCCARTHY: We didn't see it; we just saw smoke through the streetlights.
MR. WATKINS: And you came up Cypress Street from Dexter Avenue, correct?
ROBERT MCCARTHY: No, we came from the opposite side. I believe we came down from the Mount Auburn side and past Laurel, and then came around the corner towards Dexter Street.
MR. WATKINS: But I think you mentioned Cypress, didn't you?
ROBERT MCCARTHY: I was on Cypress, yes.
MR. WATKINS: Oh, you were on Cypress? Okay.
ROBERT MCCARTHY: Yeah, I never made it to Laurel Street.
MR. WATKINS: I want to show you what's been marked -- admitted into evidence as Exhibit 775. Do you recognize that map as that area?
ROBERT MCCARTHY: Yes, sir.
MR. WATKINS: And I'll point out a couple of things. That's Laurel Street there?
ROBERT MCCARTHY: Correct.
MR. WATKINS: That's Cypress Street there, right?
ROBERT MCCARTHY: Correct.
MR. WATKINS: And so it was Cypress Street here that you came up or Cypress Street up here?
ROBERT MCCARTHY: Up top. Yes, sir, we came down that street.
MR. WATKINS: You could actually tap on the screen to show --
ROBERT MCCARTHY: I believe we came in from this direction here.
MR. WATKINS: Okay. And when you came in from that direction, from Mount Auburn on Cypress Street, you were trying to approach Laurel, right?
ROBERT MCCARTHY: 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.
MR. WATKINS: And so -- but now you know it was Cypress at that direction?
ROBERT MCCARTHY: Correct, sir. Yup.
MR. WATKINS: And coming in from that direction, you were blocked from getting down to Laurel by other marked cruisers?
ROBERT MCCARTHY: I believe there were vehicles there or we just bypassed the street. You know, we just kept going.
MR. WATKINS: Oh, I see. You bypassed Laurel Street?
ROBERT MCCARTHY: Yeah, we bypassed Laurel Street. I never --
MR. WATKINS: So you went actually down all the way here --
ROBERT MCCARTHY: 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.
MR. WATKINS: Right. And there were police vehicles all over the scene at that point, right?
ROBERT MCCARTHY: Yes, there were.
MR. WATKINS: And they were coming in from all different directions the same way you were, down Cypress from other directions?
ROBERT MCCARTHY: 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.
MR. WATKINS: And, again, you were seeing vehicles here at that area, right?
ROBERT MCCARTHY: I believe there were some vehicles there, yeah.
MR. WATKINS: And after you dowsed the package up on Mount Auburn, you came back up to Laurel Street?
ROBERT MCCARTHY: Yeah, we came back down Dexter Street to Laurel Street.
MR. WATKINS: And Dexter Avenue, actually.
ROBERT MCCARTHY: Okay. Sorry about that. Dexter Avenue.
MR. WATKINS: No worries. And this is where the containment vehicle eventually was parked --
ROBERT MCCARTHY: Yes, sir.
MR. WATKINS: -- and the robots were sent from there?
ROBERT MCCARTHY: Correct, sir.
MR. WATKINS: That's all I have, your Honor. Thank you.
THE COURT: Anything else?
MR. MELLIN: No, your Honor. Thank you.
THE COURT: All right. Thank you, sir. You may step down.
ROBERT MCCARTHY: Thank you, your Honor.
(The witness is excused.)
MS. PELLEGRINI: The United States calls Trooper Matthew Hess.