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2015 Federal TrialtranscripttranscriptMichelle Gamble — Direct/Cross (Recall) - Day 41 - 2015 Federal TrialMichelle Gamble’s defense recall covered searches and recovered evidence. The court admitted a wiring book and photographs, rejected other evidence and questioning, and ended her testimony before lunch.
Aloke ChakravartyMiriam ConradTimothy G. WatkinsGeorge A. O'Toole Jr.Michelle GambleTHE COURTCourt ClerkMS. CONRADMichelle GambleMR. CHAKRAVARTYMR. WATKINSproceduraldirectcrosssidebar
2015 Federal Trial/Day 41/March 30, 2015
8 pages·4 witnesses·2,554 lines
The government rested after medical testimony about Lingzi Lu and Martin Richard and examination of bombing-scene imagery. The defense presented search evidence and digital-record analysis, with witnesses acknowledging limits on timing and location conclusions. The Rule 29 motion and proposed defense evidence remained unresolved.
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Jury Return and Defense Recall of Michelle Gamble
ProceduralProc.Jury Return and Defense Recall of Michelle Gamble

(In open court:)

THE COURT: All right. You can get the jury.

COURT CLERK: All rise for the jury.

(The jury enters the courtroom at 12:30 p.m.)

COURT CLERK: Be seated.

MS. CONRAD: Your Honor, at this time the defense re-calls Agent Michelle Gamble.

THE COURT: Agent Gamble, of course you remain under oath from this morning's testimony.

DirectDirectDirect Examination - Michelle Gamble (Defense Recall) Michelle Gamble Miriam Conrad

MICHELLE GAMBLE, re-called

DIRECT EXAMINATION BY MS. CONRAD:

MS. CONRAD: Good afternoon.

MICHELLE GAMBLE: Good afternoon.

MS. CONRAD: Agent Gamble, we heard from you a little bit earlier today. And you work for the FBI, correct?

MS. CONRAD: And as part of your responsibility in this case, did you participate in the search of 410 Norfolk Street on May 5, 2013?

MICHELLE GAMBLE: I did, yes.

MS. CONRAD: And were you, in fact, the designated photographer for that, or one of the designated photographers?

MICHELLE GAMBLE: I was the designated photographer, yes.

MS. CONRAD: And during the course of that search -- I'm going to show you a photograph --

MS. CONRAD: Just for the witness using the ELMO.

MS. CONRAD: -- and ask you if you recognize that item.

MS. CONRAD: You do not?

MS. CONRAD: Mr. Watkins, could I please have Exhibit 3132 for the witness only, please.

THE COURT: Do you want the computer?

BY MS. CONRAD:

MS. CONRAD: Now, are you familiar with this document?

MS. CONRAD: And what is that document?

MICHELLE GAMBLE: It's an evidence recovery book.

MS. CONRAD: And drawing your attention to the last line, can you tell us what that says?

MICHELLE GAMBLE: Can you zoom in a little bit more?

MS. CONRAD: Mr. Watkins, can you zoom in a little more?

THE COURT: I couldn't hear the answer. I didn't hear the answer.

MS. CONRAD: She asked if I could zoom in a little more.

MR. CHAKRAVARTY: Your Honor, I would object to her reading from this. She can certainly look at it to refresh her memory.

THE COURT: Let's back up a bit.

MICHELLE GAMBLE: It says "Wiring Book. Complete Book of Home Wiring."

THE COURT: No, that's all right. That may stand.

Go ahead. Next question.

BY MS. CONRAD:

MS. CONRAD: And was that an item that was seized on that day at that search?

MICHELLE GAMBLE: If it's on there, yes.

MS. CONRAD: And does that have a number in front of it?

MS. CONRAD: And may I approach the witness, your Honor?

MS. CONRAD: Do you recognize that?

MS. CONRAD: And what is it?

MICHELLE GAMBLE: It's the evidence bag that the -- appears the book was in.

MS. CONRAD: And when you say "the book," what book?

MICHELLE GAMBLE: It says a wiring book.

MS. CONRAD: I'd offer that.

MR. CHAKRAVARTY: Your Honor, there hasn't been sufficient foundation.

MS. CONRAD: I'm sorry.

THE COURT: No, overruled. It may be admitted.

What's the number?

COURT CLERK: You left off with 3132 in evidence.

THE COURT: No, higher than that, I think.

MS. CONRAD: I would suggest 3150, maybe? I may have skipped over --

THE COURT: I have a 3146 as a high number but --

MS. CONRAD: So 3147?

THE COURT: If that hasn't otherwise been used.

MR. WATKINS: Mr. Watkins says no.

MS. CONRAD: I would suggest 3150 just to be safe.

(Defense Exhibit No. 3150 received into evidence.)

BY MS. CONRAD:

MS. CONRAD: And I'd ask you to open that up, okay?

(Pause.)

MS. CONRAD: And showing you again what's here on the ELMO, is that, in fact, a picture of that?

MICHELLE GAMBLE: That appears to be a picture of this, yes.

MS. CONRAD: I would offer the photograph as well as 3151.

THE COURT: And does it have a number? Does the photograph have a number?

MS. CONRAD: I just said 3151, if that's okay.

(Defense Exhibit No. 3151 received into evidence.)

BY MS. CONRAD:

MS. CONRAD: And, Agent Gamble, do you know where that item was found?

MS. CONRAD: Looking at the -- looking at the envelope --

MICHELLE GAMBLE: "Under the couch," it says "room," but the room number is cut off.

MS. CONRAD: And if I could direct your attention back to the evidence log --

MS. CONRAD: We need to switch back to Mr. Watkins' computer.

MS. CONRAD: -- does that refresh your recollection as to where it was found?

MICHELLE GAMBLE: It says "Room A under couch."

MS. CONRAD: So does that refresh your recollection as to where it was found?

MICHELLE GAMBLE: I don't remember this book.

MS. CONRAD: Well, is that your name on that document?

MICHELLE GAMBLE: It is, yes.

MS. CONRAD: Your Honor, I'd offer this as an exhibit.

MR. CHAKRAVARTY: Objection, your Honor.

THE COURT: You mean the list?

MS. CONRAD: It's going to be redacted, just to show this portion.

THE COURT: No, the objection is sustained.

BY MS. CONRAD:

MS. CONRAD: Did you participate in compiling this list?

MICHELLE GAMBLE: No, I did not.

MS. CONRAD: And you do see your name on there, right?

MR. CHAKRAVARTY: Objection, your Honor. To the extent this was used to sort of refresh the witness's recollection, counsel has done that.

THE COURT: Well, okay. Go ahead.

BY MS. CONRAD:

MS. CONRAD: Are you aware of whether this exhibit was submitted to the FBI laboratory for fingerprints?

MICHELLE GAMBLE: I believe it was, yes.

MS. CONRAD: And, in fact, the G28 number would have followed it, correct?

MICHELLE GAMBLE: I don't know that.

MS. CONRAD: And with respect to the room number, did you prepare a map, or participate in preparation of a map of where items were found from that May 5th search?

MICHELLE GAMBLE: Are you talking the sketch from the search or --

MICHELLE GAMBLE: I did not prepare the sketch, no.

MS. CONRAD: But you're familiar with that?

MS. CONRAD: May I have the document camera just for the witness, please?

MS. CONRAD: And do you recognize that?

MS. CONRAD: And what is that?

MICHELLE GAMBLE: That's a sketch from the search.

MS. CONRAD: And drawing your attention to where I'm putting my finger, do you see G28 on there?

MS. CONRAD: And, in fact, that was found -- Room A was the living room. Is that right?

MS. CONRAD: So that was found under the couch in the living room?

MR. CHAKRAVARTY: Objection, your Honor.

THE COURT: Well, it's already been said.

BY MS. CONRAD:

MS. CONRAD: Now, did you also participate in a search of Mr. Tsarnaev's property at UMass Dartmouth in July of 2013?

MICHELLE GAMBLE: I was present at the search of the dorm room, yes.

MS. CONRAD: And you're aware -- and of the property, right?

MICHELLE GAMBLE: What do you mean by "the property"?

MS. CONRAD: Well, there were items that had been removed from the dorm room and were placed in a storage area by UMass Dartmouth?

MICHELLE GAMBLE: I don't believe I was involved in that.

MS. CONRAD: Well, if I can just have a moment, then.

(Pause.)

MS. CONRAD: May I have the document camera just for the witness?

MS. CONRAD: Do you recognize that?

MS. CONRAD: And the date -- that indicates that you were the photographer on July 26th, 2013?

MS. CONRAD: And that was a search of Mr. Tsarnaev's property, correct?

MICHELLE GAMBLE: That was a search of the dorm room.

MS. CONRAD: Actually, can I just show you --

MS. CONRAD: Again just for the witness.

MS. CONRAD: Does that refresh your recollection that that was a search of his property?

MICHELLE GAMBLE: It says it is, yes.

MS. CONRAD: Does that refresh your recollection that it was a search of his property?

MR. CHAKRAVARTY: Your Honor, there's no foundation for the witness's recollection.

THE COURT: Yeah, I don't think we have an adequate foundation at this point.

BY MS. CONRAD:

MS. CONRAD: Okay. And during that search were vacuum samples taken?

MS. CONRAD: And were those submitted to the lab?

MICHELLE GAMBLE: I don't know that. I believe they would be, but...

MS. CONRAD: I have nothing further.

CrossCrossCross-Examination - Michelle Gamble (Defense Recall) Michelle Gamble Aloke Chakravarty

CROSS-EXAMINATION BY MR. CHAKRAVARTY:

MR. CHAKRAVARTY: Just a -- first for clarification, Ms. Gamble, you're not an FBI agent?

MICHELLE GAMBLE: No, I am not. I'm a field photographer.

MR. CHAKRAVARTY: You're a field photographer?

MR. CHAKRAVARTY: You don't carry a gun or a badge?

MR. CHAKRAVARTY: So your involvement in searches has been as a photographer?

MR. CHAKRAVARTY: And so with regards to the search that was conducted at 410 Norfolk Street on May 5th, this was a second search done of that apartment, correct?

MR. CHAKRAVARTY: And you went to a variety of different locations to take photographs of different things?

MR. CHAKRAVARTY: And did you go into the defendant's room, the room marked --

MS. CONRAD: Object to the characterization.

THE COURT: Overruled.

BY MR. CHAKRAVARTY:

MR. CHAKRAVARTY: You can answer.

MR. CHAKRAVARTY: And in that room, there's bunk beds?

MR. CHAKRAVARTY: And were some photographs and other items taken from that room as well?

MR. CHAKRAVARTY: Can we call up, just for the witness, Exhibit 12?

THE COURT: If you're going to be extended, would you go to the podium?

MR. CHAKRAVARTY: Sorry, your Honor. It won't be extended. I just want to authenticate one photo, your Honor. 1222-7.

THE COURT: All right. Is this in evidence?

MR. CHAKRAVARTY: It's not yet.

BY MR. CHAKRAVARTY:

MR. CHAKRAVARTY: Do you recognize it?

MICHELLE GAMBLE: I don't have anything on the screen. That is the room, yeah.

MR. CHAKRAVARTY: And is this the photo of how it appeared on May 5th, 2013, when you went in it?

MR. CHAKRAVARTY: I would now move 1222-07 into evidence.

THE COURT: Admitted without objection.

MS. CONRAD: Your Honor, I'm going to object to scope on this.

THE COURT: No, overruled.

(Government Exhibit No. 1222-07 received into evidence.)

BY MR. CHAKRAVARTY:

MR. CHAKRAVARTY: In the lower left-hand corner of the photograph, Ms. Gamble, do you see a roll of red rosin paper?

MS. CONRAD: Objection. Scope.

THE COURT: Sustained.

MR. CHAKRAVARTY: That's all I have, your Honor.

MS. CONRAD: Your Honor, may we approach?

THE COURT: Ms. Gamble, you may step down. Thank you.

MS. CONRAD: It's with respect to this witness.

THE COURT: All right.

sidebarsidebarCross-Examination on the Government's Room Statement

(Discussion at sidebar and out of the hearing of the jury:)

MS. CONRAD: Your Honor, we filed a motion to admit the admission of a party from the defendant's docket 350. Mr. Chakravarty just referred with this witness over objection to the defendant's room. The government had taken the position previously that it is not the defendant's room, and I would like to cross her on the government's statement and offer the statement.

MS. CONRAD: Does that mean I can't cross her on it?

THE COURT: She's done.

CrossCrossCross-Examination - Michelle Gamble (Defense Recall) Michelle Gamble Aloke Chakravarty

(In open court:)

THE COURT: All right, Ms. Gamble. You may step down.

(The witness is excused.)

THE COURT: We will take the lunch recess at this point.

COURT CLERK: All rise for the Court and the jury. The Court will take the lunch recess.

(The Court and jury exit the courtroom and there is a recess in the proceedings at 12:44 p.m.)

(The Court and jury entered the courtroom at 2:05 p.m.)

THE COURT: Mr. Watkins.

MR. WATKINS: The defense calls Gerry Grant.

COURT CLERK: Sir, you want to step up here, please? Step up to the box, if you would. Remain standing. Raise your right hand.

Continue to next page7.Gerald R. Grant, Jr. — Direct/Cross/Redirect