7.Kenneth Benton — Direct/Cross/Redirect
203 linesKENNETH BENTON, duly sworn
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.
KENNETH BENTON: Kenneth Benton, B-E-N-T-O-N.
DIRECT EXAMINATION BY MR. MELLIN:
MR. MELLIN: Sir, where are you employed?
KENNETH BENTON: Special agent with the FBI.
MR. MELLIN: How long have you been with the FBI?
KENNETH BENTON: Twenty-seven years.
MR. MELLIN: And where have you been assigned?
KENNETH BENTON: I've been assigned to the Boston office, and now currently the Lakeville Resident Agency.
MR. MELLIN: What is the -- what is a resident agency?
KENNETH BENTON: It's a satellite office.
MR. MELLIN: When did you go to Lakeville?
KENNETH BENTON: Approximately ten years ago.
MR. MELLIN: At some point did you become involved in the investigation of the Boston Marathon bombing?
KENNETH BENTON: Yes.
MR. MELLIN: Okay. And based on information that you received from an associate of the defendant, did you proceed to the Crapo Landfill to attempt to recover a backpack associated with the defendant that had been thrown into the trash from 69A Carriage Drive in New Bedford, Mass.?
KENNETH BENTON: Yes.
MR. MELLIN: Did you receive information that the trash had been collected from 69A Carriage Drive in a Dumpster, and that Dumpster had been dumped at Crapo Landfill?
KENNETH BENTON: Yes, we received that information.
MR. MELLIN: And that had been dumped on April 19th of 2013 at approximately 1:45 p.m.?
KENNETH BENTON: That's correct.
MR. MELLIN: Okay. Based on that information, what did you do?
KENNETH BENTON: I was given the task of putting together a team to go out and search the landfill for that particular backpack, which I did. I got together a group of agents, as well as I got with our hazardous response team, got the specialized equipment that we need. We put it all together and went out and did the search.
MR. MELLIN: Did you also talk to the owners or the operators of the Crapo Landfill to talk about where that Dumpster would have been dumped at the landfill?
KENNETH BENTON: Yes. On the evening of the 21st, which would have been Sunday evening, myself and another agent went out to the landfill and spoke with the superintendent of the landfill, Scott Alphonse. He showed us the approximate location of where that particular Dumpster would have been dumped, the trash, and from there we cordoned off that particular area.
MR. MELLIN: And when you say cordoned it off, what did you do?
KENNETH BENTON: The following -- we went out to the landfill Sunday night, so the following Monday morning I went out there and staked off an area approximately 60 feet by 60 feet and put yellow caution tape around it to designate the area we would be searching.
MR. MELLIN: And other than that Dumpster having been dumped in that area, was anything dumped on top of that?
KENNETH BENTON: Yes. On Friday afternoon after the Dumpster that we were interested in had disposed of its trash, approximately ten other trucks came in and dumped trash. So what happens, at the end of the day on Friday the landfill would have covered that trash with two or three inches of mulch, dirt and sand to cover it up. They can't leave the trash exposed. The following Saturday, approximately 15 other trucks of trash came in, and after Saturday they again covered that up with a layer of mulch and rock.
MR. MELLIN: And then Sunday is when you began to cordon that off and -- Monday is actually when you cordoned it off?
KENNETH BENTON: Monday morning, yes, that's when I staked off the particular area we were interested in. They only work in a small area, about 75 feet by 75 feet at any one time, so we had it honed down pretty good to a particular area.
MR. MELLIN: If I could have the witness look at Exhibit 1256-11.
MR. MELLIN: Agent Benton, do you recognize what is shown in that photograph?
KENNETH BENTON: That's the entrance to the landfill. You'd be coming down this road, and in the center of that particular photograph is the -- was the active area of the landfill.
MR. MELLIN: Your Honor, I would move into evidence Exhibit 1256-11 and ask to publish.
MS. CONRAD: No objection.
THE COURT: Okay.
(Government Exhibit No. 1256-11 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Agent Benton, as you look at 1256-11, it's a pretty exciting photograph, can you show us exactly where you were talking about where you saw the -- where the active area of the landfill was?
KENNETH BENTON: At that particular time it would have been right in the center of the photograph.
MR. MELLIN: Can you actually touch that screen and kind of circle the area you're talking about?
KENNETH BENTON: It would be right around there (indicating).
MR. MELLIN: And for the record, you're exactly in the center of that photograph? Okay.
On Monday when you went and you cordoned off an area, what happened?
KENNETH BENTON: Monday morning, again, I met with the superintendent of the landfill, cordoned it off, staked it off, again put up the yellow tape. I then contacted the chief of police of Dartmouth and asked that he assign a police officer to the landfill to keep watch on that particular area so no one disturbs it, goes into it. I also got with --
MR. MELLIN: You might want to push that a little farther away.
KENNETH BENTON: I also got with the superintendent and asked him to process the incoming trash at another location so they don't dump near that particular area.
MR. MELLIN: At some point did you start the search of that area?
KENNETH BENTON: Thursday, the 25th.
MR. MELLIN: Okay. What happened between Monday or Tuesday and Thursday?
KENNETH BENTON: I had to get together the search team, I had to coordinate with our hazardous response team to get the proper equipment out there since it was a hazardous area. And then if my memory serves me correctly, we had some bad weather on Tuesday and Wednesday, rain, which prevented us from going out there.
MR. MELLIN: On Thursday, were you able to locate an item of interest?
KENNETH BENTON: On Thursday, no.
MR. MELLIN: Okay. And what day did you find it?
KENNETH BENTON: On Friday, the 26th.
MR. MELLIN: Okay. So on Thursday, what did you do?
KENNETH BENTON: On Thursday we spent the day searching from about 8 a.m. until about 5 p.m. We set up our equipment and did trash recovery for that day. Again, after we were done, we tarped off the trash that we had exposed, we stationed a police officer at that site for the time that the landfill was active till about 11 p.m., and then we came back Friday morning to continue to search.
MR. MELLIN: And on Friday what did you find?
KENNETH BENTON: Friday afternoon, probably around 2 p.m., we had just laid out a couple of lines of trash which we were raking through. As we started that search, I came across what I -- a backpack of interest which I then pulled aside.
MR. MELLIN: And when you pulled it aside, what did you do with it?
KENNETH BENTON: I pulled it aside. It matched the description that we were interested in. I pulled it out, turned it over, found that it was a JanSport backpack. I then opened up the top compartment. The zipper on the top compartment was open three our four inches already, so I opened it up a little bit more --
MR. MELLIN: If I can, Agent, just when you opened it, were you able to see into the backpack?
KENNETH BENTON: Yes.
MR. MELLIN: Okay. And in the backpack were you able to find a thumb drive?
KENNETH BENTON: At that time I did not see a thumb drive, no.
MR. MELLIN: Later on was a thumb drive found in that backpack?
KENNETH BENTON: Yes.
MR. MELLIN: Was there also paperwork concerning the University of Massachusetts Dartmouth that was -- belonged to the defendant in that backpack?
KENNETH BENTON: Yes.
MR. MELLIN: And in addition, was there also fireworks found in that backpack?
KENNETH BENTON: Yes.
MR. MELLIN: If I could have you look at Exhibit 1257, which is in front of you. Do you recognize Exhibit 1257?
KENNETH BENTON: This is the backpack that I located at the landfill.
MR. MELLIN: Your Honor, I would move into evidence Exhibit 1257.
THE COURT: Okay.
(Government Exhibit No. 1257 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: And if I could then have you look at Exhibit 1258.
KENNETH BENTON: Okay.
MR. MELLIN: What is that?
KENNETH BENTON: A thumb drive.
MR. MELLIN: Was that the thumb drive that was found in that backpack?
KENNETH BENTON: Yes.
MR. MELLIN: Move into evidence Exhibit 1258.
THE COURT: All right.
(Government Exhibit No. 1258 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: And then 1259. Do you recognize that?
KENNETH BENTON: Yes.
MR. MELLIN: And what is 1259?
KENNETH BENTON: These are the various fireworks that we found in the backpack.
MR. MELLIN: Do you know, those fireworks, were they in the same condition today as they were at the time they were in that backpack?
MS. CONRAD: Well, objection to the form.
MR. MELLIN: I'll rephrase it.
BY MR. MELLIN:
MR. MELLIN: Do you know if those fireworks were sent down to the lab at some point?
KENNETH BENTON: Yes.
MR. MELLIN: Okay. There's a Q number on those?
KENNETH BENTON: That's correct.
MR. MELLIN: Okay. Thank you.
MR. MELLIN: If I didn't already move those in, your Honor, I would move in 1259, the fireworks?
THE COURT: All right.
(Government Exhibit No. 1259 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Now, concerning the fireworks specifically, when you found the backpack, approximately how far was the backpack open?
KENNETH BENTON: When I initially found the backpack, there -- let me back up. There's three compartments in that backpack. The main compartment, the zipper was open two or three inches. When I pulled it aside, I saw that. I opened it up a little bit more so I could peer in. I didn't want to disturb it too much. And initially when I opened it up another six or seven inches, I saw this white piece of paper which I pulled out.
MR. MELLIN: And that's the piece of paper that deals with UMass and the defendant?
KENNETH BENTON: That's correct.
MR. MELLIN: Okay. And then what else did you do?
KENNETH BENTON: After I pulled that white piece of paper out, what I saw in there was a crushed yellow and blue cardboard canister. And at that time I could see there appeared to be like a fireworks pattern on it. And at that time I believed I had found what we were looking for, that particular backpack.
That's when I stopped my search of the backpack, closed it up, and I called in our bomb tech from the Massachusetts State Police to help us secure the backpack.
MR. MELLIN: And then after the backpack was secured, was it actually processed by Agent Fife?
KENNETH BENTON: Yes. I handed that backpack off to her at which time she catalogued the inventory in the backpack.
MR. MELLIN: If I could have you look at a few photographs. Exhibit 1256-01. Let me have you look at just six in a row, if you can just tell me if they're fair and accurate photographs: 1256-01, if I can go to 1256-02, 1256-04, -06, -07, and -09.
And, Agent Benton, were those photographs that you just saw, 1256-01 -02, -04, -06, -07 and -09, were they fair and accurate photographs of what you found in that backpack?
KENNETH BENTON: Yes.
MR. MELLIN: Thank you.
MR. MELLIN: Your Honor, I would move into evidence Exhibit 1256-01, -02, -04, -06, -07, -09 and ask to publish them.
THE COURT: Okay.
(Exhibit Nos. 1256-01, 1256-02, 1256-04, 1256-06, 1256-07 and 1256-09 received into evidence.)
MR. MELLIN: If we could first pull up 1256-01.
BY MR. MELLIN:
MR. MELLIN: Agent, do you see that?
KENNETH BENTON: Yes.
MR. MELLIN: And what is that a picture of?
KENNETH BENTON: The backpack that I located in the landfill.
MR. MELLIN: Okay. 1256-02. What is that?
KENNETH BENTON: That's a black plastic garbage bag with a red tie on it.
MR. MELLIN: Do you know what the connection was to this?
KENNETH BENTON: When we got information that we were in search of the backpack, we were told that the backpack was put into a black trash bag with a red tie on it.
MR. MELLIN: 1256-04. What is shown in 1256-04?
KENNETH BENTON: That's a photograph of the fireworks that were found in the backpack.
MR. MELLIN: 1256-06. What is this?
KENNETH BENTON: Another photograph of the fireworks we found in the backpack.
MR. MELLIN: Is this more of a close-up?
KENNETH BENTON: Yes.
MR. MELLIN: Okay. 1256-07. What is -07?
KENNETH BENTON: That's a photograph of the fireworks canister that I initially saw when I opened up the backpack.
MR. MELLIN: When we look at this, we see there's a "G," a space and "snow." Do you know what the first word is? Do you recall?
KENNETH BENTON: I don't recall.
MR. MELLIN: Okay. And then 1256-09. What is that?
KENNETH BENTON: That's a thumb drive that was found in the backpack.
MR. MELLIN: Okay. And that's the same thumb drive that was in the bag and marked as 1258?
KENNETH BENTON: Yes.
(Counsel confer off the record.)
MR. MELLIN: If I could actually go back to 1256-06, I think. Do you know what, Mr. Bruemmer. Maybe it's -04. 1256-04.
MR. MELLIN: Agent, as you look at this photograph, is this the condition those fireworks were in when they were in that backpack?
MS. CONRAD: Objection in that form.
MR. MELLIN: At the time they were recovered?
KENNETH BENTON: Yes.
MR. MELLIN: Is that how it appeared when you looked in the backpack or when they were recovered from that backpack?
KENNETH BENTON: When I first looked in the backpack, I could not see all the fireworks. I just saw that blue canister, the one on the right. When the backpack was inventoried, it was laid out like that, that's when I saw all the fireworks that came out of the backpack.
MR. MELLIN: Thank you.
MR. MELLIN: Thank you, your Honor.
CROSS-EXAMINATION BY MS. CONRAD:
MS. CONRAD: Good afternoon, Agent Benton. My name is Miriam Conrad. I'm one of Mr. Tsarnaev's lawyers.
KENNETH BENTON: Good afternoon.
MS. CONRAD: Mr. Mellin asked you some questions about information you received. The information that you got that led you to that landfill, was that a friend of Mr. Tsarnaev's had gone to his room, his dorm room, and removed that backpack? That is, a friend removed the backpack, correct?
KENNETH BENTON: At that time I did not know that.
MS. CONRAD: Did you come to learn that?
KENNETH BENTON: Excuse me?
MS. CONRAD: Did you come to learn that?
KENNETH BENTON: Yes, I did.
MS. CONRAD: And that friend is the one who placed that backpack in a black plastic bag and then into a Dumpster, right?
KENNETH BENTON: Correct.
MS. CONRAD: And the Dumpster is actually a compactor in the vicinity of 63A Carriage Drive in New Bedford. Is that correct?
KENNETH BENTON: That's correct.
MS. CONRAD: And so the backpack was placed in that Dumpster -- or compactor, rather -- on April 19th, a Friday, correct? That was your information?
KENNETH BENTON: It was either Thursday night or Friday.
MS. CONRAD: Okay. And it was compacted before it was picked up for delivery to the landfill, correct?
KENNETH BENTON: That I don't know.
MS. CONRAD: You didn't receive information to that effect from the garbage service that picked it up?
KENNETH BENTON: I don't recall that.
MS. CONRAD: And then you told us that on Saturday, the 20th, more trash would have been dumped on top of what was delivered on Friday, right?
KENNETH BENTON: Correct.
MS. CONRAD: And each time trash is dumped at the landfill, it's compacted, right?
KENNETH BENTON: Yes.
MS. CONRAD: And so -- and then each day whatever's been dumped is covered with dirt and mulch and rocks, right?
KENNETH BENTON: Yes.
MS. CONRAD: And it's compacted each day that there are trash deliveries, correct?
KENNETH BENTON: Yes.
MS. CONRAD: And so this would have occurred several times between the time the trash was dumped on the 19th and the time that you cordoned off that section on Monday, April 22nd, right?
KENNETH BENTON: Yes.
MS. CONRAD: And you said that it rained on April 23rd and April 24th?
KENNETH BENTON: Yes.
MS. CONRAD: And then before the search was commenced, a bulldozer skimmed trash off the top of that area?
KENNETH BENTON: Yes, it did.
MS. CONRAD: And an excavator pushed it aside to put it into rows for you to search?
KENNETH BENTON: Yes.
MS. CONRAD: And so you did not observe the condition of the contents of that backpack before it was placed in the Dumpster, did you?
MS. CONRAD: I have nothing further.
REDIRECT EXAMINATION BY MR. MELLIN:
MR. MELLIN: Ms. Conrad just asked you some questions about the information you had about why or how that backpack ended up at the Dumpster. Did you have information that a friend of the defendant had collected the belongings of the defendant to put in that backpack?
KENNETH BENTON: I heard that later.
MR. MELLIN: Okay. And was that friend named Dias?
KENNETH BENTON: Yes.
MR. MELLIN: Thank you.
THE COURT: All right, Agent. Thank you. You may step down.
KENNETH BENTON: Thank you.
(The witness is excused.)
MR. CHAKRAVARTY: The government will call Olga LaFond.
THE COURT: Okay.