1.Brian J. Corcoran, Jr. — Direct/Cross (Part 2)
778 linesP R O C E E D I N G S
COURT CLERK: All rise for the Court and the jury.
(The Court and jury enter the courtroom at 9:11 a.m.)
COURT CLERK: Be seated.
THE COURT: Good morning, jurors.
JUROR: Good morning, your Honor.
THE COURT: Jurors, it's been a little while since I asked, but I think I should ask again: Have you all been faithful in following my instructions to avoid any discussion of the case and any contact with media reports?
JUROR: Yes.
THE COURT: All right. Thank you.
All right. We'll continue with Mr. Corcoran's examination.
BRIAN J. CORCORAN, JR., resumed
CONTINUED DIRECT EXAMINATION BY MR. WEINREB:
MR. WEINREB: Good morning, Mr. Corcoran.
BRIAN J. CORCORAN, JR.: Good morning.
MR. WEINREB: I'll just remind you you're still under oath.
MR. WEINREB: I want to begin by showing you some of the photos that you authenticated yesterday before we stopped. And I'll ask Mr. Bruemmer to pull them up for me.
MR. WEINREB: Let's begin with 948-524.
THE COURT: You're going to stay within the list of admitted exhibits so we could just set the setting for the jury?
MR. WEINREB: I am, your Honor.
THE COURT: Okay.
MR. WEINREB: Actually, I'm not sure if this was shown to the jury yesterday, so let's begin instead with 948-303.
THE COURT: I don't think 303 was part of the list.
MR. WEINREB: This was not?
COURT CLERK: No.
BY MR. WEINREB:
MR. WEINREB: Do you recognize that photo?
MR. WEINREB: What is that?
BRIAN J. CORCORAN, JR.: It appears to be the blast seat from an explosion in the street along Laurel. In the left view are -- those two vehicles are parked at 55 Laurel. That is approximately in the center of the street.
MR. WEINREB: Just to be clear, putting aside the blast seat, do you recognize that as an actual photo of Laurel Street on the day when the evidence collection was taking place?
MR. WEINREB: What is a blast seat?
BRIAN J. CORCORAN, JR.: So we refer to a blast seat as somewhere where there was an object or a device that actually functioned and left an impression or some type of sign that an explosion occurred at that location.
MR. WEINREB: So you didn't see the actual explosion?
BRIAN J. CORCORAN, JR.: Correct; I did not see that.
MR. WEINREB: But based on your training and experience, this appears to be a place where an explosion took place?
BRIAN J. CORCORAN, JR.: It does.
MR. WEINREB: As a whole, is this a fair and accurate photo?
BRIAN J. CORCORAN, JR.: It is.
MR. WEINREB: The government offers 948-303.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 948-303 received into evidence.)
THE COURT: Do you want it shown now?
MR. WEINREB: Yes, please.
BY MR. WEINREB:
MR. WEINREB: What street is this?
BRIAN J. CORCORAN, JR.: That would be Laurel Street.
MR. WEINREB: Which direction are we looking in?
BRIAN J. CORCORAN, JR.: We are facing west looking towards Dexter.
MR. WEINREB: So from the perspective of where the Honda and the Mercedes were, is it behind the photographer or in front of the photographer?
BRIAN J. CORCORAN, JR.: That would be behind the photographer and slightly to the left, in the center of the street.
MR. WEINREB: The yellow placards that you see here, yesterday you discussed the placing of placards?
MR. WEINREB: What were these yellow placards marking?
BRIAN J. CORCORAN, JR.: So as we discussed yesterday, they denote evidence. In this case, 467 for the blast seat, typically when we encounter a blast seat, we take either vacuum samples or some type of swab there. So that would account for that placard in that location.
MR. WEINREB: If we could have 948-524. That is in evidence, as will be all the subsequent ones.
THE COURT: Okay.
BY MR. WEINREB:
MR. WEINREB: What is pictured in this photo?
BRIAN J. CORCORAN, JR.: In that picture we have a laptop -- or a computer bag that was removed from the Civic prior to my arrival. And I can see at least three of the items that were within that bag, two on top of it and one just to the right of it. Those items were inside of the bag when I arrived on-scene.
MR. WEINREB: 948-525, please.
MR. WEINREB: What's that a photo of?
BRIAN J. CORCORAN, JR.: So that is the same bag. In the upper left-hand corner you have a portable hard drive, the center is a cell phone, to the right of that are two batteries for the phone, and to the lower right corner of the bag is the modified piece of electronics that I discussed yesterday, a transmitter.
MR. WEINREB: This transmitter, can you describe what the various components of it are to the extent you know?
BRIAN J. CORCORAN, JR.: Certainly. In the center you have an LCD board that would typically be on top of a handheld remote control that indicates what channel the remote control is operating at. Typically, you wouldn't see the exposed circuit board that it's attached to because there would be a housing around it to protect it from elements or whatever else. The piece laying across the top of it is the antenna for that transmitter.
MR. WEINREB: Can you just circle that?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WEINREB: So you've circled the long object on the right side of the transmitter?
BRIAN J. CORCORAN, JR.: Correct.
MR. WEINREB: What is it again?
BRIAN J. CORCORAN, JR.: So that would be the antenna for the transmitter. They obviously come in different sizes to allow the signal to get further or shorter based on the size of the antenna.
MR. WEINREB: What else on here can you describe for us?
BRIAN J. CORCORAN, JR.: We have some wiring off on the right-hand side here that goes from the circuit board, which is this piece here, to the underside where you have your batteries that power that remote control.
MR. WEINREB: So the circuit board is green and the wires are --
BRIAN J. CORCORAN, JR.: Off to the right; correct.
MR. WEINREB: -- off to the right? And what's this that I'm circling right in the middle of the item?
BRIAN J. CORCORAN, JR.: So that was a piece of tape used to affix the upper part of the remote control to the lower part of the remote control where the batteries are housed. Typically there's a handle in between that you would hold --
MR. WATKINS: Your Honor, I'm going to object at this point. May we be seen at sidebar?
THE COURT: All right.
(Discussion at sidebar and out of the hearing of the jury:)
MR. WATKINS: The government has noticed an expert concerning the transmitter and the modification of the transmitter. It is not this witness. This witness has not been authenticated as an expert in that. I let Mr. Weinreb -- I did not object initially because a certain amount of background is necessary, but it sounds like he's going deeper into an area where this particular expert does not have expertise and has not been noticed as an expert.
MR. WEINREB: So I believe the expert Mr. Watkins is referring to is the binding code expert. He's not going to say anything about binding codes, range of transmission or anything like that, and he's not testifying as an expert; just relying on his training and experience as a bomb tech to point out this is a piece of tape, this is a wire, this is a circuit board. That's it.
MR. WATKINS: Well, he focused on the binding code. That particular expert that is coming in in the future will talk about the modifications made to the transmitter -- to the radio-controlled device to make it a transmitter. So it is expert testimony. That's not what this witness should be testifying to. He's not been noticed as an expert. I would question whether he has the training and experience to do that, but he's not been noticed as an expert.
MR. WEINREB: Your Honor, I don't think I'm going any further on this because I think we've already exhausted --
THE COURT: Yeah, I think he can testify from his general experience about physical features of things without, you know, that constituting expert testimony.
MR. WATKINS: Well, your Honor, this is a very specific thing, this radio-controlled transmitter. It is not something that this particular witness encounters every -- I don't know how often he encounters it because he wasn't noticed as an expert, so I was not permitted to find out whether indeed he had the expertise to talk about how you modify a radio-controlled transmitter.
THE COURT: Okay.
MR. WATKINS: I simply don't know if he has --
THE COURT: Okay. I don't think he's gone over the line to give expert evidence at this point. And I guess the government's advised that he should not.
(In open court:)
MR. WEINREB: Mr. Bruemmer, can we have Exhibit 940-532, please.
BY MR. WEINREB:
MR. WEINREB: What is this a picture of?
BRIAN J. CORCORAN, JR.: That is a view of the transmitter from the side looking long ways down the transmitter.
MR. WEINREB: 940-541, please.
MR. WEINREB: What's that a photo of?
BRIAN J. CORCORAN, JR.: That photo is other contents that were within the computer bag pictured in the right-hand side of the photo.
MR. WEINREB: I'm going to zoom in on one of the items. Do you recognize that item?
BRIAN J. CORCORAN, JR.: I do. I recognize both items. The one in the center on top of the paper there was a laser pointer of some sort. The paper itself was some document that appears to be written in Cyrillic with a picture in the upper left-hand side of Tamerlan Tsarnaev.
MR. WEINREB: And then this silver item in the middle of the photo, do you know what that is?
BRIAN J. CORCORAN, JR.: That's a Samsung laptop located within the same computer bag.
MR. WEINREB: There's a document pictured above the computer. And by "above" I don't mean on top of it, but higher than it in the picture. Do you recognize that?
BRIAN J. CORCORAN, JR.: Yes. It appears to be a diploma bearing the name of Tamerlan Tsarnaev from Cambridge Rindge and Latin school.
MR. WEINREB: These documents below the computer, do you recognize those?
BRIAN J. CORCORAN, JR.: I do. There were some additional documents in there indicating a class schedule as well as an attendance-type record for a school. Without looking at it a little closer, I couldn't tell you which school it is.
MR. WEINREB: I'm handing you what's been marked for identification as Exhibit 1543. Can you take a look at that and tell me if you recognize it and, if so, what is it?
BRIAN J. CORCORAN, JR.: The first item is the Samsung laptop that was contained within the bag on the street, and the second item is the bag itself that housed the laptop, as well as the other items we have discussed.
MR. WEINREB: You testified yesterday that those items were collected at the scene and bagged for evidence, correct?
BRIAN J. CORCORAN, JR.: Correct.
MR. WEINREB: All right. Take a moment to examine the bags there. I'm sorry. And then you said some of them went down to the lab for additional examination?
BRIAN J. CORCORAN, JR.: Correct.
MR. WEINREB: Looking at those bags, does it appear that the items have been handled in accordance with proper evidentiary procedures?
BRIAN J. CORCORAN, JR.: It does.
MR. WEINREB: The government offers Exhibit 1543, which is the computer bag, and 1544, which is the computer itself.
MR. WATKINS: Your Honor, may we have a look at those before they're admitted?
THE COURT: Go ahead.
(Pause.)
MR. WEINREB: Actually, your Honor, just for the record, we're offering 1543, which is the computer bag. We're not going to offer 1544, the computer, at this time. Only some of it is relevant and admissible, and that will come in in a different form.
THE COURT: Okay.
MR. WATKINS: Not the contents?
MR. WEINREB: Not yet.
THE COURT: So just 1543 is offered?
MR. WEINREB: Just 1543, the computer bag.
(Counsel confer off the record.)
MR. WATKINS: Judge, may we go to sidebar again?
THE COURT: All right.
(Discussion at sidebar and out of the hearing of the jury:)
MR. WATKINS: We're in a little bit of shifting-sands territory here. We had understood the entire computer was going to come in until just now. We're now learning that the government is going to object to us putting the computer in.
MR. WEINREB: Your Honor, we -- I believe what I represented to the defense was that for all of the items that were collected in Watertown and on Boylston Street, we would have no objection to their introduction by the defense on authenticity or chain-of-custody grounds, but I did make very clear that we might have objections on relevance and 403 grounds. A computer, like many electronic devices of that nature, generally have evidence that may be relevant and admissible and may be filled with evidence that is irrelevant and inadmissible.
The item has now been authenticated. We will not challenge that it was handled and preserved properly. When the defense has its opportunity to put in evidence, they can offer portions of the computer, or the whole thing if they like, and we'll object as appropriate. The Court can rule at that time whether the particular contents are admissible or not.
MR. WATKINS: I'll let Mr. Fick speak on this.
MR. FICK: I mean, any issue about the contents and their admissibility are not going to be deferred until the moment when that comes into issue. Simply the object, however, I don't see any reason why that might not come into evidence.
THE COURT: How do you separate the object from what it holds?
MR. FICK: In terms of what the jury is able to look at, understanding what we talk about. We'll all be working off of extractions of information off the computer. The object, simply the fact that it was recovered at the scene, that it belonged apparently to --
THE COURT: Well, that's in evidence.
THE COURT: It has an identification number. The testimony says it was there.
MR. FICK: But I don't see any 403 harm to having the object in evidence also. The jury can handle it, talk about it, look at it, we can discuss it with other witnesses --
THE COURT: No. I think you can in your case, I guess, try to put it in and we'll listen to the substantive objections. But it's been identified as coming from there, so.
MR. FICK: I think we might well do that on cross, I suppose, but I don't see any reason why it has to wait till the defense case.
THE COURT: I don't know. It seems the more plausible way is direct, but we'll see. Okay?
(In open court:)
THE COURT: I gather there's no objection to 1543, which is the bag?
MR. WATKINS: There is not.
THE COURT: Okay.
(Government Exhibit No. 1543 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Agent Corcoran, I'm going to show you what has been marked as Exhibit 975 for identification. Do you recognize that?
BRIAN J. CORCORAN, JR.: I do. These are the paper contents that you see in the picture on the screen that are laid out adjacent to the laptop and the bag. These were recovered from within the computer bag.
MR. WEINREB: Could I ask you to please cut that open, remove the contents. Just put them on the table in front of you. And --
BRIAN J. CORCORAN, JR.: Can I get some scissors?
MR. WEINREB: I'm sorry?
BRIAN J. CORCORAN, JR.: Can I get some scissors?
MR. WEINREB: Yes.
COURT CLERK: Mr. Weinreb, I have scissors.
MR. WEINREB: Thank you.
BY MR. WEINREB:
MR. WEINREB: After you've spread them out, we'll let defense counsel have a chance to look at them and then I'll ask you some questions about them.
(Pause.)
MR. WATKINS: Thank you.
BY MR. WEINREB:
MR. WEINREB: Are those the documents you saw on the street that day?
BRIAN J. CORCORAN, JR.: They are.
MR. WEINREB: The government offers Exhibit 975.
MR. WATKINS: No objection.
THE COURT: All right.
(Government Exhibit No. 975 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Showing you what has been marked as both 949 and 950 for identification, based on the contents of the bag do you recognize 949 and 950?
MR. WEINREB: What are they?
BRIAN J. CORCORAN, JR.: They're marked as "transmitter." And this is typically how we would collect it, in this type of can.
MR. WEINREB: Does that appear to be the actual transmitter based on the packaging that was collected on Laurel Street that day?
BRIAN J. CORCORAN, JR.: Without opening it, yes.
MR. WEINREB: Is it bagged consistently with how you remember the transmitter being bagged at the time?
BRIAN J. CORCORAN, JR.: It is.
MR. WEINREB: The government offers Exhibits 949 and 950.
MR. WATKINS: No objection.
THE COURT: All right.
(Government Exhibit Nos. 949 and 950 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Showing you what's been marked for identification as Exhibit 1545 and Exhibit 1547, I'd ask you if you recognize those, and if you do, please describe what they are.
BRIAN J. CORCORAN, JR.: The first one here is 1547. This was collected on the street, Laurel. It does have a B indicator, which means it was in the street, which would have came from the bag, and it does bear my name as the collector and does match what I saw that day.
MR. WEINREB: The other one?
BRIAN J. CORCORAN, JR.: This is Exhibit 1545. Once again, also was packaged by myself. My name's on there with signature. And this is the hard drive also in Zone B, labeled as 22B, external hard drive, that was removed from the bag.
MR. WEINREB: Now, your Honor, the government is not offering these as a whole but may offer relevant portions of them at a later time.
THE COURT: All right.
BY MR. WEINREB:
MR. WEINREB: Was an additional HTC cell phone found on the crime scene in Watertown?
BRIAN J. CORCORAN, JR.: There was one there. I was not the collector for it, but there was one on the scene closer to the corner of Dexter and Laurel.
MR. WEINREB: Showing you what's been marked as 1546, do you recognize that?
BRIAN J. CORCORAN, JR.: This is the cell phone that I did see closer to the corner of Dexter and Laurel, T-Mobile.
MR. WEINREB: I will now ask Mr. Bruemmer to bring up 948-533.
MR. WEINREB: Do you recognize that?
MR. WEINREB: What is that a picture of?
BRIAN J. CORCORAN, JR.: That is the bag that I described yesterday as a messenger bag or a knapsack. Basically, the top folds over. That was found on Laurel to the west of the Civic in the street closer to the south side.
MR. WEINREB: And how close was it to the Honda Civic?
BRIAN J. CORCORAN, JR.: I would say maybe 15 feet, approximately.
MR. WEINREB: Can we have -534, please?
MR. WEINREB: What's that a photo of?
BRIAN J. CORCORAN, JR.: That is the same bag, different view, just looking in a different direction.
MR. WEINREB: -535?
MR. WEINREB: What's that?
BRIAN J. CORCORAN, JR.: Same bag, a little closer zoom. You can begin to see a pencil just inside of the bag there.
MR. WEINREB: Can you circle the pencil, please?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WEINREB: -536, please.
MR. WEINREB: What's that a photo of?
BRIAN J. CORCORAN, JR.: That is a picture of the pencil that I just circled as well as a mini thumb drive that was found within that bag.
MR. WEINREB: -537, please.
MR. WEINREB: What are those three -- what's depicted here?
BRIAN J. CORCORAN, JR.: So those are the two I previously described, the mini thumb drive, the UMass Dartmouth pencil, as well as a Zippo lighter.
MR. WEINREB: Were all of those items inside the shoulder bag that was found next to the Honda?
BRIAN J. CORCORAN, JR.: They were.
MR. WEINREB: Showing you 1019, which is a shoulder bag, and 1020, which is a pencil, for identification.
BRIAN J. CORCORAN, JR.: Should I open these?
MR. WEINREB: Yes, please.
(Pause.)
MR. WEINREB: Is that the shoulder bag that you participated in collecting from the Watertown crime scene?
BRIAN J. CORCORAN, JR.: This is the shoulder bag.
MR. WEINREB: The government offers 1019.
MR. WATKINS: No objection.
(Government Exhibit No. 1019 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: I'm handing you 985 and 986. Do you see in that bag the silver lighter that is in the picture?
MR. WEINREB: Is it the same one that was recovered on Laurel Street?
BRIAN J. CORCORAN, JR.: It is the same Zippo lighter, yes.
MR. WEINREB: That was the one marked 985, and the government would offer it at this time.
MR. WATKINS: No objection.
THE COURT: All right.
(Government Exhibit No. 985 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Showing you Exhibit 1548 for identification, do you recognize that?
MR. WEINREB: What is it?
BRIAN J. CORCORAN, JR.: That is the same 8 gigabyte X mini thumb drive as in the picture, also collected by myself bearing my name and initials, also found in B, which would be the street where it was.
MR. WEINREB: Thank you.
MR. WEINREB: Mr. Bruemmer, can we have 948-10, please.
BY MR. WEINREB:
MR. WEINREB: Taking a look at the screen, what is that?
BRIAN J. CORCORAN, JR.: That is the Honda that we discussed yesterday, four-door Honda, parked in a resident's driveway along Laurel on the north side of the street. Embedded in the rear driver's side door is a pressure cooker.
MR. WEINREB: Mr. Bruemmer, can we have 772, please.
MR. WEINREB: Using the map, can you just indicate where that car was parked?
BRIAN J. CORCORAN, JR.: Certainly. It is at 60-62 Laurel, and is the car that I've circled.
MR. WEINREB: So you've circled the car closest to the street in the driveway to the left, 60- -- I'm sorry. I got that wrong. The driveway to the right of 60-62 Laurel, and it is the rightmost car in that driveway closest to the street?
BRIAN J. CORCORAN, JR.: That would be correct.
MR. WEINREB: If we could go back to 948-10. And then can we have -11, please.
MR. WEINREB: What is that a photo of?
BRIAN J. CORCORAN, JR.: That is a closer view of the previous photo, still focused on the rear driver's side door, lower portion.
MR. WEINREB: -12, please.
MR. WEINREB: What's that?
BRIAN J. CORCORAN, JR.: Same picture, zoomed in a little closer. You can begin to see the insignia in the center of the bottom part of the pressure cooker.
MR. WEINREB: -305, please.
MR. WEINREB: What is that?
BRIAN J. CORCORAN, JR.: Once again, the same pressure cooker, slightly lower elevation that the picture is taken at. And you can see the Fagor symbol in the center of the pressure cooker.
MR. WEINREB: -306, please.
MR. WEINREB: And what is that a picture of?
BRIAN J. CORCORAN, JR.: That is the insignia for the Fagor pressure cooker as well as the pressures that it operates above.
MR. WEINREB: You testified yesterday that in addition to collecting evidence in the Watertown crime scene, you had participated in the collection of explosives evidence at the Boylston Street crime scene, correct?
BRIAN J. CORCORAN, JR.: Correct.
MR. WEINREB: Did you see any pressure cooker remains that were collected from the Boylston Street crime scene?
BRIAN J. CORCORAN, JR.: Yes, I saw several pieces of pressure cooker. Yes.
MR. WEINREB: In what way, if any, did those compare to this pressure cooker?
BRIAN J. CORCORAN, JR.: Those pieces were typically more fragmented, more cut up. This was a better representation of the pressure cooker as a whole. You could actually make out the shape of the pressure cooker at this scene versus the other scenes where it was much more sharp, jagged pieces.
MR. WEINREB: In terms of the brand names of the pressure cookers recovered at both scenes, were they the same or different?
BRIAN J. CORCORAN, JR.: They were the same.
MR. WEINREB: Same type?
BRIAN J. CORCORAN, JR.: Same type. Size, I believe, was different.
MR. WEINREB: Exhibit 951.
MR. WEINREB: Showing you Exhibit 951 for identification, would you please open that?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WEINREB: Do you recognize that?
BRIAN J. CORCORAN, JR.: This is the same pressure cooker that was removed from that door in the picture.
MR. WEINREB: The government offers 512 -- no, offers 951, and I'd ask to be able to approach the jury box and show it to the jury.
MR. WATKINS: No objection to the admission.
THE COURT: Okay. You may display it.
(Government Exhibit No. 951 received into evidence.)
(Exhibit No. 951 displayed to the jury.)
MR. WEINREB: 948-72, please.
BY MR. WEINREB:
MR. WEINREB: Agent Corcoran, do you recognize that?
MR. WEINREB: What is it?
BRIAN J. CORCORAN, JR.: That is 53 Laurel. That is on the south side of the street.
MR. WEINREB: Can we have 772 again?
MR. WEINREB: I'm going to enlarge Laurel Street again. Could you indicate which house that is?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WEINREB: And again, with an arrow can you indicate where the Mercedes and the Honda were?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WEINREB: Let's have Exhibit -72 again, please.
MR. WEINREB: So here we're looking at the front of that house?
BRIAN J. CORCORAN, JR.: Correct.
MR. WEINREB: -73, please.
MR. WEINREB: What's that?
BRIAN J. CORCORAN, JR.: That's the numbers indicating it is 53 on Laurel.
MR. WEINREB: And see around the left there's a metal fence?
BRIAN J. CORCORAN, JR.: Correct.
MR. WEINREB: -74, please.
MR. WEINREB: Now, is this the left side of the house or the right side of the house?
BRIAN J. CORCORAN, JR.: Looking at the front of the house, that is the right side of the residence.
MR. WEINREB: It's the side yard, on the right side?
BRIAN J. CORCORAN, JR.: Correct.
MR. WEINREB: So this would be closer to Dexter, further from where the cars are parked?
BRIAN J. CORCORAN, JR.: Correct. That would be the west side. Correct.
MR. WEINREB: -75, please.
MR. WEINREB: When I say "where the cars were parked," I was indicating where the Honda and the Mercedes were in the middle of the street.
BRIAN J. CORCORAN, JR.: Correct. Just the Honda was the one that I saw. The Mercedes was not there at the time.
MR. WEINREB: What's pictured in -75?
BRIAN J. CORCORAN, JR.: That is the top to a pressure cooker.
MR. WEINREB: Let's go back to -74 for a moment.
MR. WEINREB: I'm going to circle this item that's in the middle of the picture close to the -- adjacent to the right side of the house. Do you recognize that?
BRIAN J. CORCORAN, JR.: It appears to be a hockey goal, a net.
MR. WEINREB: And is that how it appeared when you saw it that day?
BRIAN J. CORCORAN, JR.: That is exactly how it appeared.
MR. WEINREB: Okay. Now let's go back to -75.
MR. WEINREB: Is that the same hockey goal?
BRIAN J. CORCORAN, JR.: That is.
MR. WEINREB: Do you see a metal disk object in the hockey goal?
MR. WEINREB: Could you circle it?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WEINREB: -76, please.
MR. WEINREB: What's that?
BRIAN J. CORCORAN, JR.: That is a closer view of the same pressure cooker lid.
MR. WEINREB: Do you know what that is?
BRIAN J. CORCORAN, JR.: A pressure cooker lid? Yes, typically it would be affixed to what we just witnessed here.
MR. WEINREB: So that's where it landed after the bomb exploded?
BRIAN J. CORCORAN, JR.: Correct.
MR. WEINREB: Showing you 974 for identification, do you recognize that?
MR. WEINREB: What is it?
BRIAN J. CORCORAN, JR.: This was found in the hockey net adjacent to 53 Laurel.
MR. WEINREB: The government offers 974.
MR. WEINREB: And I'd just ask if the witness would open the bag and just display it for the jury.
MR. WATKINS: No objection.
(Government Exhibit No. 974 received into evidence.)
BRIAN J. CORCORAN, JR.: (The witness complies.)
MR. WEINREB: Thank you.
BY MR. WEINREB:
MR. WEINREB: So now that we've seen some photographs of the side of the house where that lid was found, can you indicate on the map where that hockey goal was?
BRIAN J. CORCORAN, JR.: The square is a little off, but adjacent to the house, tucked up against the house towards the rear of that driveway.
MR. WEINREB: And indicate once more where the Honda and the Mercedes were?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WEINREB: And where approximately was the seat of the blast on Laurel Street, if you know?
BRIAN J. CORCORAN, JR.: (Witness indicates.)
MR. WEINREB: Could we print that for the jury, or for the record, and assign it the number 772-A?
COURT CLERK: Are you talking to me?
MR. WEINREB: Yes. I'm sorry, Mr. Lyness. Would you mind?
MR. WATKINS: I'm going to object to the admission as an exhibit.
THE COURT: No, I'll admit it as an exhibit.
COURT CLERK: 772?
MR. WEINREB: 772-A will be the screen capture.
(Government Exhibit No. 772-A received into evidence.)
BY MR. WEINREB:
MR. WEINREB: And for the record, the arrow on the right-hand side of the photo was pointing toward the Honda and the Mercedes, the other yellow mark in the middle of the street was the approximate site of the seat of the bomb blast, and the rectangular drawing to the left of 55 Laurel, was it, or 56?
MR. WEINREB: I'm sorry. 53 Laurel is where the lid was found.
THE COURT: Do you need the paper copy?
MR. WEINREB: No, I just don't want to mess with it.
THE COURT: I think it's been captured in the drive.
COURT CLERK: Yes, it's been captured. I'm just trying to get it printed out.
MR. WEINREB: Can I have 948-202, please.
BY MR. WEINREB:
MR. WEINREB: Is that the same house we were just looking at?
BRIAN J. CORCORAN, JR.: That is.
MR. WEINREB: -203, please.
MR. WEINREB: What's that a picture of?
BRIAN J. CORCORAN, JR.: A picture of a cardboard disk.
MR. WEINREB: -204, please.
MR. WEINREB: Is that a close-up of the disk?
BRIAN J. CORCORAN, JR.: That is.
MR. WEINREB: You see the black markings on it?
MR. WEINREB: Do you know what those are?
BRIAN J. CORCORAN, JR.: Both burn, and there also appears to be, when I was out there, some type of residue on the actual cardboard.
MR. WEINREB: How many pieces of cardboard of that size and shape were found?
BRIAN J. CORCORAN, JR.: At this scene here, Watertown along Laurel, we had three pieces of cardboard.
MR. WEINREB: The size of the cardboard disks, how did that compare to the size of the pressure cooker that was removed from the -- embedded in the car on Laurel Street?
BRIAN J. CORCORAN, JR.: It matched very closely with the circumference of the pressure cooker found along Laurel.
MR. WEINREB: If a bomb is constructed that includes both black powder and other components --
MR. WATKINS: I'm going to object, your Honor.
THE COURT: Overruled.
BY MR. WEINREB:
MR. WEINREB: If the powder and the components mix, does that jeopardize the functioning of the bomb?
BRIAN J. CORCORAN, JR.: It potentially could depending on what the componentry of the actual device was. If there was some type of actuator or something else in there that would be inhibited by the powder touching it, it could.
MR. WEINREB: And would circular disks made out of cardboard serve any purpose?
MR. WATKINS: Objection.
THE COURT: Overruled.
BRIAN J. CORCORAN, JR.: The cardboard could be used as almost a barrier between two different layers within the device.
BY MR. WEINREB:
MR. WEINREB: Showing you 1002 and 1003 for identification, do you recognize this?
BRIAN J. CORCORAN, JR.: I do. These are two of the three cardboard disks recovered from Laurel.
MR. WEINREB: The government offers 1002 and 1003.
MR. WATKINS: No objection.
(Government Exhibit Nos. 1002 and 1003 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Could you please cut those open and just display them for the jury?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WEINREB: Agent, are you familiar with the term "dead man switch"?
MR. WEINREB: What is a dead man switch?
BRIAN J. CORCORAN, JR.: Typically in an improvised explosive device, or an IED, it would be used as almost a last-case resort to initiate the device should you be stopped or should --
MR. WATKINS: Objection, your Honor.
THE COURT: Yeah, let me see you at the side, please.
(Discussion at sidebar and out of the hearing of the jury:)
THE COURT: Let's start with Mr. Watkins.
MR. WATKINS: Plus I'd add relevance. I'm not sure what the relevance of this is either.
MR. WEINREB: So with respect to relevance, items were recovered from Laurel Street which will be -- their relevance will only become clear if the jury and the Court understands what a dead man switch is. This witness will not offer an opinion that they were part of a dead man switch, but he will say that they are consistent with the components of a dead man switch. They could also have been things that were just lying around on Laurel Street. He's not going to give any opinion that they came from this item. But I think the jury is entitled to know what they are, and then we later can argue an inference that it would be highly coincidental for those components to just be lying around Laurel Street without any expert testimony.
MR. WATKINS: On the relevance point, your Honor, there's no electronics of this particular pressure cooker that was down there. There's no indication that that's how it was designed at all. So that's the issue with relevance.
He is clearly going into expert testimony. He's talking about how this might be used in an explosive device. It simply wasn't noticed.
THE COURT: Yeah, I think it's getting into expert evidence. Maybe there's another witness besides this one.
(In open court:)
MR. WEINREB: Exhibit 948-253, please.
BY MR. WEINREB:
MR. WEINREB: Do you recognize that picture?
MR. WEINREB: What is it?
BRIAN J. CORCORAN, JR.: That is a toggle switch located along the northern side of Laurel in the bushes.
MR. WEINREB: And -355, please.
MR. WEINREB: Is that a close-up of the same item?
BRIAN J. CORCORAN, JR.: That is a close-up. Here you're able to discern the wires extending from the bottom of the toggle switch.
MR. WEINREB: Showing you Exhibit 963 for identification, the item you just identified in the photograph, is that item in that bag?
BRIAN J. CORCORAN, JR.: Yes, it is.
MR. WEINREB: The government offers Exhibit 963.
MR. WATKINS: Subject to the relevance objection.
THE COURT: All right. The relevance is overruled. I'll admit it.
(Government Exhibit No. 963 received into evidence.)
MR. WEINREB: Exhibit 948-256, please.
BY MR. WEINREB:
MR. WEINREB: Do you recognize what that's a photo of?
BRIAN J. CORCORAN, JR.: That is a little further out but of the hedge line along the northern end of Laurel. The northern face of Laurel.
MR. WEINREB: -361, please.
MR. WEINREB: What's that a photo of?
BRIAN J. CORCORAN, JR.: A closer view of the same area. You can begin to see the placards designated 1 and 22, as well as a chemical light.
MR. WEINREB: And in between the two placards, do you see what's there?
BRIAN J. CORCORAN, JR.: That is a 9-volt battery.
MR. WEINREB: You mentioned the glow light. Why would there be a glow light there?
BRIAN J. CORCORAN, JR.: Typically during missions that involve SWAT or bomb techs, any type of hazards are typically denoted using a chemical light. It's typically not used for evidence, but if you do have a battery -- and it is the night when we are out there -- it's not always possible to see what it is leading to, so that is marked and designated with a chemical light.
MR. WEINREB: You said that battery was found on the northern side of Laurel Street?
BRIAN J. CORCORAN, JR.: Correct.
MR. WEINREB: May I have 722, please. I'm sorry. 772.
MR. WEINREB: If you recall, can you indicate approximately where on Laurel Street that was recovered?
BRIAN J. CORCORAN, JR.: I believe it was along the hedge line of 56, because 60 is where the vehicles were parked. I believe it was in this area here.
MR. WEINREB: You've indicated in front of -- the hedge line in front of 56 Laurel. And where, if you recall, was the toggle switch with the wire attached located?
BRIAN J. CORCORAN, JR.: I believe in the same series of bushes. This one is 61 Laurel, so it would actually be this series. And the 9-volt battery on the actual evidentiary packaging should indicate which address it's in front of, if you do have that there.
MR. WEINREB: Okay. And 61 Laurel, can you point that out?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WEINREB: So on the opposite side of the street, what's the number of that?
BRIAN J. CORCORAN, JR.: I'm sorry. That is 61. I thought this was a range over here.
MR. WEINREB: So that's the toggle switch and the wire that you just indicated?
BRIAN J. CORCORAN, JR.: This is the toggle switch and the wire marked as 61 Laurel Street, correct.
MR. WEINREB: Your Honor, the battery itself is Exhibit 979, and the government offers it at this time.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit No. 979 received into evidence.)
MR. WEINREB: Exhibit 948-99, please.
BY MR. WEINREB:
MR. WEINREB: What is that a photo of?
BRIAN J. CORCORAN, JR.: That is a photo of 55 and 57 Laurel on the south side of the street.
MR. WEINREB: And by the way, before we leave what we saw before, what is a toggle switch?
BRIAN J. CORCORAN, JR.: A toggle switch is simply when -- you want to think of it as basically a gate. So it allows electricity or current, in this case, to flow from one wire to the other wire. In the open position, no flow of electricity can go through. When you flip the switch, a contact basically occurs between the two and allows the transmission of that electricity to go through the wire.
MR. WEINREB: -100, please.
MR. WEINREB: Is that the same house, just a closer-up image?
BRIAN J. CORCORAN, JR.: That is. And that is where the numbers are on the mailboxes indicating 55 and 57.
MR. WEINREB: So 55 is on the right-hand side and 57 is on the left-hand side as you look at this photo?
BRIAN J. CORCORAN, JR.: Correct.
MR. WEINREB: -101, please.
MR. WEINREB: What is that a photo of?
BRIAN J. CORCORAN, JR.: That is a photo of -- at least in this picture -- denoting damage to the upper level of that residence. In this case you see a small marker flag that was placed in there to draw attention to it.
MR. WEINREB: -102, please.
MR. WEINREB: What's that?
BRIAN J. CORCORAN, JR.: That is the marker flag I just indicated.
MR. WEINREB: -103, please.
MR. WEINREB: And now what's happening with the ladder right now?
BRIAN J. CORCORAN, JR.: So at this point one of the personnel on the evidence recovery team for this portion of it is traversing the ladder to gain access to whatever is embedded in the siding there.
MR. WEINREB: -104, please.
MR. WEINREB: What's that?
BRIAN J. CORCORAN, JR.: That appears to be the locking mechanism for the lid that's located along the handle, but the lid of a pressure cooker.
MR. WEINREB: And is that the item that was embedded in the wall of the house that we just saw?
BRIAN J. CORCORAN, JR.: That is.
MR. WEINREB: I'm showing you 1056 for identification. What's that?
BRIAN J. CORCORAN, JR.: That is the same locking mechanism pictured on the screen as well as what was recovered from the upper level of the residence of 55 Laurel.
MR. WEINREB: The government offers 1056.
MR. WATKINS: No objection.
THE COURT: All right.
(Government Exhibit No. 1056 received into evidence.)
MR. WEINREB: 948-307, please.
BY MR. WEINREB:
MR. WEINREB: What is that a picture of?
BRIAN J. CORCORAN, JR.: This is the residence located -- we're standing on Laurel looking at the residence. The street that you see off to the left-hand side is Dexter.
MR. WEINREB: Exhibit 772, please.
MR. WEINREB: Can you indicate on the map where that lawn was?
BRIAN J. CORCORAN, JR.: This is the residence the photo was taken, looking in the direction of the arrow.
MR. WEINREB: So you've circled the building labeled 130-132 Dexter, and you've drawn an arrow to the south side of the building in the lawn area?
BRIAN J. CORCORAN, JR.: Correct, at the west corner.
MR. WEINREB: Let's go back to 307, please.
MR. WEINREB: There are -- these yellow items we see affixed to the wall, do you know what those are?
BRIAN J. CORCORAN, JR.: Yes, they are indicating damage to the siding and possible evidence inside of that siding, much like we saw at 55, with the different type of flag marker.
MR. WEINREB: Is that just a close-up image of those damage marks?
BRIAN J. CORCORAN, JR.: That is.
MR. WEINREB: Returning your attention to the lawn for a moment.
MR. WEINREB: Can we have 308, please.
MR. WEINREB: So you see that there's an item with a placard marked No. 1 on the lawn?
MR. WEINREB: -309.
MR. WEINREB: Is that a close-up of that item?
BRIAN J. CORCORAN, JR.: That is.
MR. WEINREB: And -310.
MR. WEINREB: Do you recognize that item?
MR. WEINREB: What is it?
BRIAN J. CORCORAN, JR.: That is a piece of metal pitted on the one side that you can see in the picture, and towards the left side of the photo you do see threads on the top of it.
MR. WEINREB: The pitting, is that something that you've seen before in connection with explosives?
BRIAN J. CORCORAN, JR.: Typically when there's some type of additional fragmentation added to a device, whether it be a pipe or otherwise, you do get some pitting on it as a result of the explosion. It's the outward pressure of ball-bearings, screws, nuts, bolts, whatever may be inside.
MR. WEINREB: And this is where this item -- does this appear to be an item that -- a piece of a pipe?
BRIAN J. CORCORAN, JR.: It does.
MR. WEINREB: And where you found it is where it fell after it exploded?
BRIAN J. CORCORAN, JR.: That's correct.
MR. WEINREB: -416, please.
MR. WEINREB: When was this taken?
BRIAN J. CORCORAN, JR.: Without a timestamp I can't give you an exact time, but during the early morning hours of the 19th.
MR. WEINREB: Where is -- where were you looking here?
BRIAN J. CORCORAN, JR.: So at this point we are at the intersection of Dexter and Laurel, and this should be looking west down Laurel away from the scene behind us.
MR. WEINREB: -417, please. Actually, go back to -416 for a minute.
MR. WEINREB: You see at the bottom of the photo towards the middle there is a cone and a chalk circle with the number 43 next to it?
MR. WEINREB: Now can we have -417?
MR. WEINREB: And that's that same item?
BRIAN J. CORCORAN, JR.: That is.
MR. WEINREB: What is it?
BRIAN J. CORCORAN, JR.: It appears to be the upper portion, we're looking at the outside face of a piece of pipe.
MR. WEINREB: -39, please.
MR. WEINREB: Do you recognize that photo?
MR. WEINREB: What is it?
BRIAN J. CORCORAN, JR.: It is marked number 24, and it appears to be a piece of metal in the lawn there. Do we have a closer-up or a zoom-in of that?
MR. WEINREB: Yes.
MR. WEINREB: -37, please.
MR. WEINREB: That's --
MR. WEINREB: And -38, please.
MR. WEINREB: Now that you've got a close-up view, do you recognize it?
BRIAN J. CORCORAN, JR.: So that is the threaded portion of a pipe. In this case the threads, based on the shape of it, are on the inside of a pipe.
MR. WEINREB: -210, please.
MR. WEINREB: Do you recognize where that photo was taken?
BRIAN J. CORCORAN, JR.: I do. Those two vehicles were parked in the driveway of 55 Laurel, and the evidence placard 53 is an end cap that would be threaded down into a pipe.
MR. WEINREB: -211, please.
BRIAN J. CORCORAN, JR.: A closer view of the same. Here you can see the portion of the end cap, which would be internally threaded down into a pipe, as well as the marking that was off the back of that vehicle that it came off.
MR. WEINREB: I believe you referred to that placard as 53?
BRIAN J. CORCORAN, JR.: Fifty-three. Correction: 52.
MR. WEINREB: Showing you 1027 for identification, do you recognize that?
BRIAN J. CORCORAN, JR.: This is the same metal end cap that was located at that address and recovered in place.
MR. WEINREB: Would you please remove it from the bag and hold it up for the jury?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WEINREB: Exhibit 948-552, please.
MR. WEINREB: Do you recognize that area?
BRIAN J. CORCORAN, JR.: That is the street area on the west side of the street. We are on Dexter facing northwest towards the residence along Dexter.
MR. WEINREB: Can we have 772 again, please.
MR. WEINREB: Do you see that location on the map?
BRIAN J. CORCORAN, JR.: I believe it's the second residence in from the corner. This is Dexter. Looking in this direction, that residence.
MR. WEINREB: And just so we're clear, this is Laurel Street --
BRIAN J. CORCORAN, JR.: Correct.
MR. WEINREB: -- correct? And this is the direction in which the Honda and the Civic were?
BRIAN J. CORCORAN, JR.: Correct.
MR. WEINREB: And then this is the area in which -- are you aware of where Officer Reynolds' cruiser was?
MR. WATKINS: I'm going to object, your Honor, to the leading.
THE COURT: No, overruled.
You may answer that, if you know.
BRIAN J. CORCORAN, JR.: Yes. Officer Reynolds' cruiser was approximately in this location, or down this end of the street, and Officer MacLellan's ended up further down the street at this location.
MR. WEINREB: If we could go back to -552. BY MR. WEINREB?
MR. WEINREB: And you see that in front of the house that you indicated on the map there's a placard number, it looks like 58, and a chalk number 45?
MR. WEINREB: All right.
MR. WEINREB: -553, please.
MR. WEINREB: That's a close-up?
BRIAN J. CORCORAN, JR.: That is a closer view of the same, yes.
MR. WEINREB: -33, please, and -34.
MR. WEINREB: Are these all photos of a -- well, you tell me. What are those photos of?
BRIAN J. CORCORAN, JR.: These are photos of an end cap with damage to the lower portion of the thread.
MR. WEINREB: And all of these end cap portions and pipe portions that we were seeing, are they all in -- when we've seen them pictured here, are they all in the locations where they fell after the bombs exploded?
BRIAN J. CORCORAN, JR.: They are.
MR. WEINREB: Showing you 1009 for identification. You can cut that open if you'd like.
BRIAN J. CORCORAN, JR.: This is the same end cap that was along Dexter Avenue and is also photographed above.
MR. WEINREB: The government offers 1009.
MR. WATKINS: No objection.
THE COURT: All right.
(Government Exhibit No. 1009 received into evidence.)
MR. WEINREB: Can I have Exhibit -40, please.
BY MR. WEINREB:
MR. WEINREB: Do you recognize that?
MR. WEINREB: What is it?
BRIAN J. CORCORAN, JR.: That was some type of paper with a series of BBs or fragmentation attached to it, or stuck to it.
MR. WEINREB: And where was it found, do you know?
BRIAN J. CORCORAN, JR.: I believe that residence is 49 Laurel, which is to the western side of Laurel on the south side.
MR. WEINREB: -41, please.
MR. WEINREB: Is that the same item?
BRIAN J. CORCORAN, JR.: That is.
MR. WEINREB: Let's go back to 772. I think I picked a bad spot for that. Can you shrink that?
MR. WEINREB: Can you indicate approximately where that item was found, if you recall?
BRIAN J. CORCORAN, JR.: I believe these driveways are a little off, as we saw with the hockey net at 53, but I believe it was, 49 and there are steps coming down in the front here. And there's actually a driveway in this area. It is between two vehicles located in the driveway.
MR. WEINREB: But it was found in a driveway?
BRIAN J. CORCORAN, JR.: Correct.
MR. WEINREB: Do you recognize this?
MR. WEINREB: And just for the record, that is 1028 for identification.
BRIAN J. CORCORAN, JR.: This is the same. It's a series of BBs, some type of paper with a material affixing the two together, and there appears to be some burning on the actual -- or discoloring of the BBs.
MR. WEINREB: The government offers 1028.
MR. WATKINS: No objection.
THE COURT: All right.
(Government Exhibit No. 1028 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: I'm now showing you Exhibit 1064 for identification. Do you recognize that?
BRIAN J. CORCORAN, JR.: Very similar to the previous exhibit. BBs attached to some type of paper. These ones are much more scorched than the other ones. And as indicated by the labeling, it's along 55 Laurel.
MR. WEINREB: Exhibit 953 for identification.
MR. WEINREB: Can you cut that one open, please?
BRIAN J. CORCORAN, JR.: Certainly.
MR. WEINREB: Do you recognize that?
BRIAN J. CORCORAN, JR.: I do. It appears to be the handle of a pressure cooker, and this was located in Grid B, which would be the street portion of Laurel.
MR. WEINREB: The government offers 1064, 1065 and 953.
MR. WATKINS: No objection.
THE COURT: Okay.
(Government Exhibit Nos. 1064, 1065 and 953 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: You mentioned that a computer bag was recovered on Laurel, and we saw photos of that, and then a shoulder bag was recovered also near the Honda. Was there a third bag found on the street?
BRIAN J. CORCORAN, JR.: There was a backpack located on the street. I believe it was gray and black in color.
MR. WEINREB: Where was it located?
BRIAN J. CORCORAN, JR.: Adjacent to -- I would say no more than three or four feet away from the knapsack-type bag, the -- what I referred to as, like, a carrier bag, the one we witnessed here earlier.
MR. WEINREB: I'm showing you 1017 for identification. Do you recognize that?
BRIAN J. CORCORAN, JR.: I do. This is the gray and black transport bag that was on the street on Laurel.
MR. WEINREB: The government offers 1017.
MR. WATKINS: No objection.
(Government Exhibit No. 1017 received into evidence.)
MR. WEINREB: In addition, your Honor, yesterday when I was going through the photos and having the witness identify them, I think I went through them too quickly and a number of them were not marked down. So those three were 948-202, 948-207, and 948-204. All of them were shown to the witness and authenticated.
The government would offer them into evidence at this time.
MR. WATKINS: No objection.
THE COURT: All right.
(Government Exhibit Nos. 948-202, 948-207 and 948-204 received into evidence.)
BY MR. WEINREB:
MR. WEINREB: Based on your personal observations of the Laurel Street crime scene during the evidence collection process, was there shrapnel from the bombs on people's lawns?
BRIAN J. CORCORAN, JR.: There was.
MR. WEINREB: In their yards?
BRIAN J. CORCORAN, JR.: There was.
MR. WEINREB: On their front porches?
MR. WEINREB: On their roofs?
MR. WEINREB: Embedded in the walls of their houses?
MR. WEINREB: Was shrapnel found as much as a block away?
BRIAN J. CORCORAN, JR.: It was.
MR. WEINREB: Thank you, Agent Corcoran. I have no further questions.
CROSS-EXAMINATION BY MR. WATKINS:
MR. WATKINS: Good morning, Agent Corcoran.
BRIAN J. CORCORAN, JR.: Good morning.
MR. WATKINS: Mr. Weinreb showed you a picture of the piece of a pressure cooker embedded in a Civic?
BRIAN J. CORCORAN, JR.: Correct.
MR. WATKINS: And that's something you looked at specifically yourself?
BRIAN J. CORCORAN, JR.: I personally witnessed that, yes.
MR. WATKINS: I want to show you --
MR. WATKINS: This should just go to the witness, your Honor.
MR. WATKINS: Do you recognize that as a picture of that Civic?
BRIAN J. CORCORAN, JR.: Correct.
MR. WATKINS: And focusing in here, do you see that piece of a pressure cooker that you identified?
MR. WATKINS: Is this a fair and accurate picture of the scene while you were down there?
BRIAN J. CORCORAN, JR.: It is.
MR. WATKINS: Your Honor, this has been identified as Government's Exhibit 948-289. I would like to introduce the government's exhibit.
MR. WEINREB: No objection, your Honor.
THE COURT: All right.
(Government Exhibit No. 948-289 received into evidence.)
MR. WATKINS: And may it be published to the jury?
BY MR. WATKINS:
MR. WATKINS: So looking again here, I'm going to focus your attention, this is the Civic that you talked about and the pressure cooker embedded within it?
BRIAN J. CORCORAN, JR.: Correct.
MR. WATKINS: And of course here is a Watertown SUV police vehicle. I think you told us about it, that you had understood it had gone down the street and lodged here, right?
BRIAN J. CORCORAN, JR.: Correct.
MR. WATKINS: And, of course, this cruiser was here when you went to the scene that morning?
BRIAN J. CORCORAN, JR.: Correct.
MR. WATKINS: Mr. Weinreb showed you a map that's been identified as 772 in evidence. And that's the Civic that you identified there, is where it was lodged?
BRIAN J. CORCORAN, JR.: Correct, in the rear driver's side door.
MR. WATKINS: And do you see the cruiser depicted on this particular map?
BRIAN J. CORCORAN, JR.: I do not.
MR. WATKINS: I want to show you what's been admitted as Exhibit 775, and I'm going to focus in on that same area. And is that, indeed, that same area?
BRIAN J. CORCORAN, JR.: It is.
MR. WATKINS: Can you point to the cruiser that is -- that was depicted in that picture that we saw?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WATKINS: And can you point to the Civic again?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WATKINS: So that was the scene as you saw it that morning and when you investigated that pressure cooker lid?
BRIAN J. CORCORAN, JR.: Correct.
MR. WATKINS: Your Honor, can we take a screenshot of this as Exhibit 775-A?
COURT CLERK: Government?
MR. WEINREB: No objection, your Honor.
(Government Exhibit No. 775-A received into evidence.)
BY MR. WATKINS:
MR. WATKINS: Now, I'm going to enlarge this here to this area. Can you note again the approximate position of the blast seat as you understand it on this map?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WATKINS: And again, will you point to the Civic? And as best you can, the position where that was lodged, the pressure cooker bomb?
BRIAN J. CORCORAN, JR.: (Witness indicates.)
MR. WATKINS: May we take a screenshot of this and identify it as 775-B?
MR. WEINREB: No objection.
BY MR. WATKINS:
MR. WATKINS: Agent Corcoran --
COURT CLERK: Wait a minute.
THE COURT: Mr. Watkins, can you put it back to what you wanted?
MR. WATKINS: I'm sorry. I thought you did.
COURT CLERK: It takes a while to download it.
MR. WATKINS: My apologies.
COURT CLERK: That's all right. Just put up the second one.
MR. WATKINS: Let me bring it back up here for you again.
COURT CLERK: Which one, this one here?
MR. WATKINS: It needs to be marked.
BY MR. WATKINS:
MR. WATKINS: Could you again put the blast site -- your understanding of the approximate location of the blast site and where on that Civic the pressure cooker came?
BRIAN J. CORCORAN, JR.: (Witness complies.)
MR. WATKINS: That would be 775-B, please.
COURT CLERK: Hang on one second, please.
(Government Exhibit No. 775-B received into evidence.)
COURT CLERK: Okay. Go ahead.
MR. WATKINS: Thank you.
BY MR. WATKINS:
MR. WATKINS: Showing you Exhibit 948-542 that the government entered into evidence.
BRIAN J. CORCORAN, JR.: Correct.
MR. WATKINS: And on the other side of the screen, Exhibit 975, do you see that?
MR. WATKINS: I'm going to highlight it. And you told us there that that is Tamerlan Tsarnaev's diploma. Or at least that is his name on it, of course, correct?
BRIAN J. CORCORAN, JR.: Correct.
MR. WATKINS: I think you identified that also as Tamerlan Tsarnaev?
BRIAN J. CORCORAN, JR.: I did.
MR. WATKINS: And while I'm getting these back up, these were found in that computer bag that you found a few feet away from the Honda Civic?
BRIAN J. CORCORAN, JR.: That is correct.
MR. WATKINS: And also in the computer bag was that physical computer?
BRIAN J. CORCORAN, JR.: Correct.
MR. WATKINS: May I have Government 844? Or 1844? Oh, I'm sorry. It's up there already.
May I approach, your Honor?
THE COURT: Yes.
MS. CLARKE: It was 1544.
MR. WATKINS: The actual computer? 1544 is where?
BY MR. WATKINS:
MR. WATKINS: Showing you what was marked for identification as Government's Exhibit 1544, that's a laptop computer?
BRIAN J. CORCORAN, JR.: Correct.
MR. WATKINS: And you took it out of that computer bag that had the same documents of Tamerlan Tsarnaev in them?
BRIAN J. CORCORAN, JR.: Correct.
MR. WATKINS: And looking at this computer, is it in the same condition as when you collected it from Laurel Street?
BRIAN J. CORCORAN, JR.: It appears to be, yes.
MR. WATKINS: And it's got a power cord inside of it also?
BRIAN J. CORCORAN, JR.: It does, as was in the picture, yes.
MR. WATKINS: Your Honor, the defendant would move to introduce Government's Exhibit 1544 into evidence.
MR. WEINREB: Your Honor, the government objects. Portions of the computer may --
THE COURT: Let me see you at the side.
(Discussion at sidebar and out of the hearing of the jury:)
MR. WEINREB: So the nature of the objection is relevance on 403 grounds. First of all, the relevance of any particular item on the computer has not been established, and yet what's being offered is not simply the empty shell, but the contents of the computer as well. It's possible that the defense can establish the relevance of particular items on the computer, but it needs to do so before the entire thing may be admitted.
Contrary to what Mr. Fick suggested earlier, admitting the whole thing is not a harmless formality even though the jury won't be able to necessarily view it in the back without special equipment, because it will then all be in the record. It will be part of the evidence in the case. If they ask to see what's on it, for example, there would be no reason to prevent them from seeing it, and that's not proper. Undoubtedly, there are loads of relevant --
THE COURT: Could that be solved by a ruling that the physical structure is admitted but the data is not?
MR. WEINREB: Yes, that we would have no objection to.
THE COURT: Is that acceptable?
MR. WATKINS: For now.
MR. FICK: We simply -- you know, I think there's a goose and gander issue here. We would make the same -- we'd take the same -- or a reciprocal position as to other pieces of evidence regarding --
THE COURT: We'll take them one by one.
MR. WEINREB: The government didn't offer any of the other electronic evidence for that reason, and we don't expect to offer --
THE COURT: Okay. If the government's content with the physical structure, but the data is not admitted in evidence for the record, we'll leave it at that.
(In open court:)
MR. WATKINS: May the physical laptop computer be admitted into evidence.
THE COURT: Yes. The physical thing is admitted; the data is not -- the electronic data, I should say.
(Government Exhibit No. 1544 received into evidence.)
MR. WATKINS: That's all I have for this witness. Thank you.
THE COURT: Mr. Weinreb, anything further with Agent Corcoran?
MR. WEINREB: Only one brief matter to correct the record. The government offered 948-207, and I misspoke. I should have said 948-203. That's the one that was actually shown to the witness.
THE COURT: All right. So we'll strike 207 and add 203.
(Government Exhibit No. 948-203 received into evidence.)
MR. WEINREB: Thank you, your Honor. That's all.
THE COURT: All right, sir. Thank you. You may step down.
BRIAN J. CORCORAN, JR.: Thank you.
THE COURT: Who's the next witness?
MR. CHAKRAVARTY: It will be a shorter witness, Phil Christiana from the FBI.
THE COURT: Short?
MR. CHAKRAVARTY: He'll be relatively short. And then --
THE COURT: So let's clear the table and proceed.
MR. CHAKRAVARTY: Your Honor, there's an issue we would like to discuss. It may make sense if the Court is willing to break now for 15 minutes and then we'll --
THE COURT: With respect to this witness?
MS. CONRAD: Yes. Just a discovery issue that we could resolve.
THE COURT: Let me see you briefly.