6.Christopher Donahue — Direct/Cross
264 linesCHRISTOPHER DONAHUE, Sworn
COURT CLERK: Have a seat. State your name. Spell your last name for the record. Keep your voice up and speak into the mic so everybody can hear you.
CHRISTOPHER DONAHUE: My name is Chris Donahue, D-o-n-a-h-u-e.
DIRECT EXAMINATION BY MR. WEINREB:
MR. WEINREB: Good afternoon.
CHRISTOPHER DONAHUE: Good afternoon, sir.
MR. WEINREB: Where do you work?
CHRISTOPHER DONAHUE: I work with the Massachusetts State Police.
MR. WEINREB: In what section?
CHRISTOPHER DONAHUE: I work out of Crime Scene Services Section out of the Maynard laboratory.
MR. WEINREB: How long have you worked there?
CHRISTOPHER DONAHUE: I worked with the state police approximately nine years now and with the crime scene for approximately a little over seven years.
MR. WEINREB: What are your job responsibilities in the Crime Scene Services Unit?
CHRISTOPHER DONAHUE: My responsibilities are to document, to process, collect, and analyze evidence.
MR. WEINREB: Does that include fingerprint evidence?
MR. WEINREB: Where did you go to school, and what degrees have you earned?
CHRISTOPHER DONAHUE: I'm currently in a Ph.D. program at UMass Lowell. It's in criminal justice and criminology. I have a master's in criminal justice. I have a graduate certificate in leadership policy and development. I have a graduate certificate in forensic psychology. I have a -- I earned a bachelor's from UMass Boston.
MR. WEINREB: Have you received training in how to handle evidence?
MR. WEINREB: Have you received specialized training in how to document crime scenes?
MR. WEINREB: Have you received training in fingerprint identification and comparison?
CHRISTOPHER DONAHUE: I have.
MR. WEINREB: Both in-house and external training?
CHRISTOPHER DONAHUE: Yes, I have.
MR. WEINREB: What kind of in-house training have you received?
CHRISTOPHER DONAHUE: Initially, when I came into the unit, into Crime Scene Services, there was approximately five months of in-house training where at that time we had training from senior troopers to train us in the examination and analysis of evidence, the handling of evidence, the processing of evidence, and the analyzation of fingerprints, footwear, and tire tread.
MR. WEINREB: What about external training?
CHRISTOPHER DONAHUE: External training, I received external training from various law enforcement agencies such as the FBI, Boston Police, other law enforcement agencies. Also, agencies, civilian agency, such as Ron Smith and Associates.
MR. WEINREB: Did that training specifically include fingerprint analysis and identification training?
MR. WEINREB: After getting trained, did you have to take some kind of exam to be qualified to do fingerprint analysis?
MR. WEINREB: What was that?
CHRISTOPHER DONAHUE: After this initial training, I take a competency exam, and I passed that back in 2008.
MR. WEINREB: Following that, was there a kind of apprenticeship where you do your work under the supervision of a more senior analyst?
MR. WEINREB: How long did that last?
CHRISTOPHER DONAHUE: That lasted approximately a year. It was called supervised casework. So all the casework I worked on for that year was mentored by a senior trooper.
MR. WEINREB: Have you had additional testing over the years to make sure your skills are up to snuff?
MR. WEINREB: Tell us about that.
CHRISTOPHER DONAHUE: Each year I'm required to take proficiency exams and -- internal and external proficiency exams. And those are evaluated through a process through our quality assurance.
MR. WEINREB: In the course of your work, how many fingerprints have you identified at crime scenes and documented and preserved for later analysis?
CHRISTOPHER DONAHUE: Well, process and collected, thousands.
MR. WEINREB: And how many of those have you actually analyzed by doing comparisons between them and known prints?
CHRISTOPHER DONAHUE: Thousands. Everything that I process and collect at scenes, I also analyze.
MR. WEINREB: Are there occasions when you have identified a person by comparing the person's fingerprints to fingerprints found at a crime scene?
MR. WEINREB: Are there occasions when you've excluded a person by comparing their known prints to fingerprints found at a crime scene?
MR. WEINREB: As part of your job, are you expected to testify in court about your examinations and the results of those examinations?
MR. WEINREB: How many times have you testified in court about fingerprint evidence?
CHRISTOPHER DONAHUE: Close to 50 times.
MR. WEINREB: Did you help document the Laurel Street crime scene on April 19, 2013?
MR. WEINREB: Among other things, did you photograph a bullet from a Ruger that had penetrated the wall of the home located at 40 Laurel Street?
CHRISTOPHER DONAHUE: I did photograph a discharged bullet. However, I did not -- I wasn't able to analyze it, so I'm not quite sure what the caliber was.
MR. WEINREB: Fair enough. But you're the one whose job it was to photograph what that bullet had done to that house?
MR. WEINREB: Exhibit 772, please.
MR. WEINREB: Do you recognize this? Do you have it in front of you yet?
MR. WEINREB: Do you recognize it?
MR. WEINREB: What is it?
CHRISTOPHER DONAHUE: This here is the area of Dexter and Laurel Street in Watertown.
MR. WEINREB: Just to remind the jury, can you draw an X at the intersection of Dexter and Laurel?
CHRISTOPHER DONAHUE: (Indicating). Can I --
MR. WEINREB: Here, I'll clear that for you. If you press hard with your finger, it will draw a line, or you can just tap it.
CHRISTOPHER DONAHUE: (Witness complies.)
MR. WEINREB: That's fine. Is that the intersection?
CHRISTOPHER DONAHUE: Yes, sir.
MR. WEINREB: And then I'm going to enlarge that area. Do you see 40 Laurel Street on this map?
CHRISTOPHER DONAHUE: Yes, I do.
MR. WEINREB: Could you circle it?
CHRISTOPHER DONAHUE: (Indicating.)
MR. WEINREB: Can I have Exhibit 948-160 just for the witness, please?
MR. WEINREB: Trooper, I'm going to show you a series of photos, and at the end I'm going to ask you if they're fair and accurate photos of what you saw that day.
MR. WEINREB: Let's have -161, please; -162, -163, -164, -165, -166, -01, -02, -03, -04, and -05.
MR. WEINREB: Are all those photos you took that day?
MR. WEINREB: Are they fair and accurate photos?
CHRISTOPHER DONAHUE: Yes, they are.
MR. WEINREB: The government offers them into evidence.
MS. CLARKE: No objection.
THE COURT: All right.
(Government's Exhibit Nos. 948-160 through 948-166; 948-01 through 948-05 received into evidence.)
MR. WEINREB: So let's go back now to 948-160. What's that a picture of?
CHRISTOPHER DONAHUE: That's a picture of the front entrance to 40 Laurel Street.
MR. WEINREB: -161, please.
MR. WEINREB: What's that a picture of?
CHRISTOPHER DONAHUE: That's a picture of the front door and the front porch of 40 Laurel Street.
MR. WEINREB: -162, please.
MR. WEINREB: What's that a picture of?
CHRISTOPHER DONAHUE: That's the -- if you were looking at the house, the right side, at the front of the house, the right side of the 40 Laurel Street.
MR. WEINREB: So if you were standing -- do you know where the Honda Civic was abandoned in the middle of Laurel Street? Are you familiar with where a Honda Civic was abandoned on Laurel Street on April 19th? That's okay. If not, let me ask the question a different way. If you were standing on Laurel Street, not near the corner of Laurel and Dexter but further down, further east along Laurel Street --
MR. WEINREB: -- and looking back towards the corner of Dexter and Laurel, is this the side of the house that you would be seeing?
CHRISTOPHER DONAHUE: Yes, sir.
MR. WEINREB: -163, please.
MR. WEINREB: Is this a close-up of that side of the house?
CHRISTOPHER DONAHUE: Yes, it is.
MR. WEINREB: I'm going to circle -- you see the -- what looks like a black dot or hole that I've circled there?
MR. WEINREB: Are there others in the house as well?
MR. WEINREB: -164, please.
MR. WEINREB: Is that a close-up of one of those holes?
CHRISTOPHER DONAHUE: Yes, it is.
MR. WEINREB: When you observed it on that day, did that appear to be a bullet hole?
MR. WEINREB: -165, please.
MR. WEINREB: Is that that same bullet hole? Should I go back to 164 or --
CHRISTOPHER DONAHUE: If you go back one, please.
MR. WEINREB: Yeah, -164. If you can't tell, that's fine.
CHRISTOPHER DONAHUE: If you go forward, please.
MR. WEINREB: -165.
CHRISTOPHER DONAHUE: No. I believe that's a different bullet hole, sir.
MR. WEINREB: Fair enough. -166, and then I'm going to circle two. Does this appear to be the first one we saw, and this the second one in the past series of photos?
MR. WEINREB: Now, can we have -01, please?
MR. WEINREB: What's this a photo of?
CHRISTOPHER DONAHUE: This is the upstairs on the 40 Laurel Street, second floor, inside the apartment.
MR. WEINREB: So this is that same wall we were just looking at but on the inside?
CHRISTOPHER DONAHUE: Yes, sir.
MR. WEINREB: And this right here in the middle that I've circled, this hole in the wall, does that correspond to one of the bullet holes on the outside?
MR. WEINREB: -02, please.
MR. WEINREB: What's this?
CHRISTOPHER DONAHUE: This is inside the apartment, and that's a door in the bedroom that leads into one of the bedrooms there.
MR. WEINREB: So is that that same room that we just saw in the previous photograph but the opposite wall?
MR. WEINREB: Do you see this hole right here in the wall?
MR. WEINREB: Was that also a bullet hole?
MR. WEINREB: Could we have -03, please?
MR. WEINREB: What's this?
CHRISTOPHER DONAHUE: That's -- it's a picture that was hanging on the wall.
MR. WEINREB: Where is it in relation to the picture we just saw?
CHRISTOPHER DONAHUE: It's on the -- if we step back one, please.
MR. WEINREB: Go back to -002.
CHRISTOPHER DONAHUE: That there is a picture. I believe -- it may be in a different room other than this room that we're looking at now.
MR. WEINREB: Is it the room through this doorway?
CHRISTOPHER DONAHUE: It may be through that door right there.
MR. WEINREB: Okay.
MR. WEINREB: Let's go back to -003. Then could we have -004 and -005. Go back to -004 for a moment.
MR. WEINREB: Is that where the bullet came to rest?
MR. WEINREB: Did you also fingerprint items of ballistic evidence recovered from the Watertown crime scene?
CHRISTOPHER DONAHUE: I did.
MR. WEINREB: What method did you use to compare the latent prints that you found to known prints?
CHRISTOPHER DONAHUE: I used the -- what is called the HV process.
MR. WEINREB: That HV method, is that the same method that's used by your colleague, Patrick Donahue, and all other Massachusetts State Police fingerprint experts?
CHRISTOPHER DONAHUE: It's Trooper Patrick Moynihan.
MR. WEINREB: I'm sorry.
CHRISTOPHER DONAHUE: Yes. And it is the process that we use within the lab and all other analysts within our lab.
MR. WEINREB: Are you trained in that method?
CHRISTOPHER DONAHUE: I am.
MR. WEINREB: Are you experienced in that method?
CHRISTOPHER DONAHUE: I am.
MR. WEINREB: Are you proficient in that method?
CHRISTOPHER DONAHUE: I am.
MR. WEINREB: Exhibit -268, which I believe is in evidence already.
MR. WEINREB: I show you -- does that look familiar, the box of ammunition in that photograph, not in that location but just the box?
CHRISTOPHER DONAHUE: I'm not -- that box --
MR. WEINREB: Let me ask you a different question. Were you asked to fingerprint a box of ammunition that was recovered from Laurel Street?
MR. WEINREB: Could we have -270 just for the witness now?
THE COURT: This is 948-270?
MR. WEINREB: Yes. And then 948-271. Actually, those are both in evidence. That's all right. It doesn't matter. Then could we have 948-937? I'm sorry, 937, just Exhibit 937 and then Exhibit 938, 939, and 940.
MR. WEINREB: Do you recognize the items that were pictured in those photographs?
CHRISTOPHER DONAHUE: I do, but I had taken different photos at a different time with -- there. So that was either after I processed it, those photos were taken.
MR. WEINREB: But are those photos of the ammunition box that you were asked to fingerprint from Laurel Street?
MR. WEINREB: I'd offer 937 through 940.
MS. CLARKE: No objection.
THE COURT: Okay.
(Government's Exhibit No. 937-940 received into evidence.)
MR. WEINREB: So let's go back to 937 then.
MR. WEINREB: So this is a photo of the ammo box you were asked to fingerprint?
MR. WEINREB: And the initials here indicate that it was photographed by Stephanie Waite?
MR. WEINREB: She's the criminalist at the lab?
MR. WEINREB: And 938, please.
MR. WEINREB: That's the box with the contents removed?
MR. WEINREB: 939.
MR. WEINREB: Is that a close-up?
MR. WEINREB: 940, please.
MR. WEINREB: Same here?
MR. WEINREB: Were any fingerprints recovered from the ammunition box?
MR. WEINREB: What did you recover?
CHRISTOPHER DONAHUE: I recovered a partial palm print and a partial fingerprint on the box.
MR. WEINREB: Were you able to match either of those to either Jahar Tsarnaev or Tamerlan Tsarnaev?
MR. WEINREB: What was the results of your analysis?
CHRISTOPHER DONAHUE: I identified on the outer box the left middle finger of Jahar Tsarnaev on the outside of the box, on the outer box.
MR. WEINREB: Was there also a magazine for the Ruger pistol recovered from Laurel Street that you were asked to fingerprint?
MR. WEINREB: Were there any fingerprints on the magazine?
MR. WEINREB: Were you able to identify them to one of those two individuals?
MR. WEINREB: What was the results of that analysis?
CHRISTOPHER DONAHUE: I identified a partial palm print and a partial fingerprint to Tamerlan Tsarnaev on the magazine, and it was the left palm and the left middle finger of Tamerlan Tsarnaev.
MR. WEINREB: Was there an air gun that fires metal pellets or BBs also found on Laurel Street?
MR. WEINREB: Were there any fingerprints on the air gun?
MR. WEINREB: What was the results of your analysis of the air gun?
CHRISTOPHER DONAHUE: I identified the right index finger of Jahar Tsarnaev on the trigger of the pellet/air gun.
MR. WEINREB: Now, do you know when any of those fingerprints got there?
CHRISTOPHER DONAHUE: No, I do not.
MR. WEINREB: Does the absence of a person's fingerprint on an object mean that they never touched it?
CHRISTOPHER DONAHUE: No, it does not.
MR. WEINREB: So it's possible a person could touch something and either not leave a fingerprint or the fingerprint could get rubbed off later somehow?
MS. CLARKE: Calls for speculation.
THE COURT: Overruled. He may answer it.
MR. WEINREB: No further questions.
MS. CLARKE: Just a couple. Just one moment, your Honor.
CROSS-EXAMINATION BY MS. CLARKE:
MS. CLARKE: Good afternoon.
CHRISTOPHER DONAHUE: Good afternoon, ma'am.
MS. CLARKE: I believe we met over some spilled water up there.
CHRISTOPHER DONAHUE: Yes, we did, ma'am.
MS. CLARKE: My name is Judy Clarke. I'm one of Mr. Tsarnaev's lawyers. Mr. Weinreb asked you about fingerprints that you located on -- on the ammo box, correct?
CHRISTOPHER DONAHUE: Yes, ma'am.
MS. CLARKE: And you indicated to him that you located a print of Jahar Tsarnaev on the outside of the ammo box, right?
CHRISTOPHER DONAHUE: Yes, ma'am.
MS. CLARKE: I understand you also located prints on the live rounds inside the ammo box, is that correct?
CHRISTOPHER DONAHUE: Yes, I did.
MS. CLARKE: And those were prints of Tamerlan Tsarnaev, correct?
CHRISTOPHER DONAHUE: That is correct.
MS. CLARKE: Not of Jahar Tsarnaev, correct?
CHRISTOPHER DONAHUE: That's correct.
MS. CLARKE: The magazine that you printed and found Tamerlan Tsarnaev's prints was inside the Ruger pistol, is that correct?
CHRISTOPHER DONAHUE: When it came to me, it was separated. However, the magazine came with that Ruger. So it was possible that that magazine was inside that firearm.
MS. CLARKE: Maybe we could pull up -- Mr. Bruemmer, if you could help me -- 948-230, which I believe is in evidence, and I hope it's the right picture. 231, I think is what I want.
MS. CLARKE: Does that appear to be the Ruger that you took into your possession?
MS. CLARKE: And does the -- let me draw something around. Does that appear to be the magazine?
CHRISTOPHER DONAHUE: Yes, it does.
MS. CLARKE: That you tested?
CHRISTOPHER DONAHUE: Yes, ma'am.
MS. CLARKE: And found Tamerlan Tsarnaev's prints on it?
MS. CLARKE: And not Jahar Tsarnaev's prints?
MS. CLARKE: Thank you. I have no further questions.
MR. WEINREB: Nothing further, your Honor.
THE COURT: All right, sir. Thank you. You may step down.
CHRISTOPHER DONAHUE: Thank you, sir.
MR. WEINREB: Your Honor, may we approach for a moment?
THE COURT: Yes.