13.Nicole Gross — Direct
251 linesNICOLE GROSS, duly sworn
COURT CLERK: State your name and spell your last name for the record, keep your voice up and speak into the mic so everyone can hear you.
NICOLE GROSS: Nicole Gross, G-R-O-S-S.
DIRECT EXAMINATION BY MR. MELLIN:
MR. MELLIN: Good afternoon, Ms. Gross. Where did you grow up?
NICOLE GROSS: Bowie, Maryland.
MR. MELLIN: When you were growing up, did you play any particular sports?
NICOLE GROSS: I started swimming competitively at the age of eight.
MR. MELLIN: And at some point based on your swimming ability did you go to the University of Tennessee?
NICOLE GROSS: I did.
MR. MELLIN: And did you swim at Tennessee?
NICOLE GROSS: I did.
MR. MELLIN: And while you were at Tennessee, did you meet somebody named Michael Gross?
NICOLE GROSS: I did.
MR. MELLIN: And if you could just move a little closer to the microphone, maybe, or pull it closer to you. And who is Michael Gross?
NICOLE GROSS: He was at the time a swimmer on the men's swimming and diving team at the University of Tennessee, became my boyfriend, fiancé, and now husband.
MR. MELLIN: When were you all married?
NICOLE GROSS: 2006.
MR. MELLIN: Who was a better swimmer?
NICOLE GROSS: He was, but he didn't have to work as hard as I did.
MR. MELLIN: At some point did the two of you move to Charlotte, North Carolina?
NICOLE GROSS: Yes, we moved shortly after graduating.
MR. MELLIN: And were you a personal trainer as well as a kind of triathlete coach?
NICOLE GROSS: Yes, and also running.
MR. MELLIN: Taking you to April of 2013, did you attend the Boston Marathon?
NICOLE GROSS: I did.
MR. MELLIN: And how was it that you came to Boston, or why did you come to Boston that year?
NICOLE GROSS: It was the very first time that I'd ever come to Boston. I've had a few athletes compete and qualify but I didn't get the chance to go until 2012 when it was a Christmas gift from my mom's husband. And I was my mom's coach to help her qualify for the Boston Marathon.
MR. MELLIN: Who in addition to you came up to Boston in April of 2013?
NICOLE GROSS: I flew up from Charlotte with my husband Michael, and my sister Erica, and my mom came down from Baltimore.
MR. MELLIN: Taking you to the April 15th of 2013, at some point did your group go to the marathon?
NICOLE GROSS: Yes, we had to -- my mom had booked us a hotel in Framingham, so -- she also rented a car. So Michael drove us to the airport because my mom had booked us a five o'clock flight that day. So logistically, we were trying to make sure that it was going to be easy for her to finish the race and get to the airport in time. So that day, after dropping the car off, we took the T to Newbury Street. And since the three of us had never been, we just used the day to sort of travel around, took some pictures by the water and had lunch on Newbury Street and eventually just waited for some of our athletes that we knew from where we worked and that I coached to see if we could catch them running up towards Hereford and onto Boylston Street.
MR. MELLIN: When you say the three of you, who are you talking about?
NICOLE GROSS: Michael, Erica and myself.
MR. MELLIN: And then at some point did you get down towards the finish line?
NICOLE GROSS: Yes; we stopped at the 26-mile mark. I wanted to stop and honor the Newtown memorial that they had placed there. So I sat there and took a couple of pictures, and my sister and I were able to get up close to the guardrails and we were able to just watch all the runners run by with a very clear picture. And we stood there for about 45 minutes and --
MR. MELLIN: If I can just stop you there.
MR. MELLIN: If I could have Exhibit 1594 brought up.
MR. MELLIN: And, Ms. Gross, do you see Exhibit 1594?
NICOLE GROSS: I do.
MR. MELLIN: As you look at it, do you see yourself in that photograph?
NICOLE GROSS: Yes.
MR. MELLIN: If you could do us a favor and just circle yourself.
NICOLE GROSS: (Witness complies.)
MR. MELLIN: And for the record, you're the woman whose face is below the red and blue flag in the middle?
NICOLE GROSS: Yes.
MR. MELLIN: In this photo can you see your husband?
NICOLE GROSS: No, I can't. He had stepped back a few feet to start taking some pictures at a better angle for my mom as she was preparing to cross the finish line, so I'm looking back at him.
MR. MELLIN: And at that point where's your sister, Erica?
NICOLE GROSS: She's hidden behind the flag right next to me.
MR. MELLIN: So as you look at this photo, she would be on your right?
NICOLE GROSS: Correct.
MR. MELLIN: The photo on the left, but -- I'm sorry -- on your right?
NICOLE GROSS: Correct.
MR. MELLIN: And if I could just have you look --
MR. MELLIN: And just the witness, please, Exhibit 1619.
MR. MELLIN: And as you look at that photograph, Ms. Gross, do you recognize who's in the photograph?
NICOLE GROSS: I do.
MR. MELLIN: Who do you see in the photo?
NICOLE GROSS: My husband Michael.
MR. MELLIN: Okay. Do you see your sister?
NICOLE GROSS: I see her jacket.
MR. MELLIN: Is this a fair and accurate photo of the finish line on Boston -- in Boston on April the 15th, 2013?
NICOLE GROSS: Correct.
MR. MELLIN: Your Honor, we would move that into evidence, Exhibit 1619, and ask to publish.
MS. CLARKE: Subject to the earlier objection.
THE COURT: All right. Admitted.
(Government Exhibit No. 1619 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: And, Mrs. Gross, you said that you see your husband Michael. Can you circle where he is in this photo?
NICOLE GROSS: (Witness complies.)
MR. MELLIN: For the record, it's the man with the black knit cap to the right of the center of the photo?
NICOLE GROSS: Correct.
MR. MELLIN: All right. And if I could just zoom in on that portion. I just zoomed in on that portion. The part that is now zoomed in, do you see your sister?
NICOLE GROSS: I see her jacket.
MR. MELLIN: Okay. And where is her jacket in this zoomed-in portion?
NICOLE GROSS: Do you want me to draw?
MR. MELLIN: Yes, if you don't mind. Thanks.
NICOLE GROSS: (Witness complies.)
MR. MELLIN: And for the record, you circled the light blue with a little bit of a darker blue sleeve on the jacket. Is that correct?
NICOLE GROSS: Correct.
MR. MELLIN: Do you see yourself in this photo at all?
NICOLE GROSS: I do.
MR. MELLIN: Okay. Where are you?
NICOLE GROSS: (Indicating.)
MR. MELLIN: And, again, for the record, you're the woman with blonde hair. Not the woman in the front but right behind her. Is that right?
NICOLE GROSS: Correct.
MR. MELLIN: And let me ask you, did you recognize anyone wearing this black cap right here?
NICOLE GROSS: Unfortunately, no.
MR. MELLIN: Okay. Do you recall ever seeing that person that day?
NICOLE GROSS: Unfortunately, no.
MR. MELLIN: Thank you.
MR. MELLIN: Thank you, Mr. Bruemmer.
MR. MELLIN: At some point did you and Erica move from this area that was shown in that photo where you're kind of towards the back towards more to the front?
NICOLE GROSS: We moved just a few steps closer. My husband had moved a few feet behind us, and it was as if we were at a concert trying to push our way through towards the closer parts to the front. And as two people moved away, I had seen an opening to kind of move us forward.
MR. MELLIN: Who moved forward?
NICOLE GROSS: My sister was standing right in front of me, and I had my hands on her back.
MR. MELLIN: Shortly after that, what happened?
NICOLE GROSS: I pushed her forward as I was saying "1, 2, 3, ready, go," and as I said "go," the bomb exploded. And I remember falling back in slow motion, seeing the flags waving, and completely confused as to why a sound like that would be going off at a finish line as I've been to many. And I fell back. And as I woke up, I was actually -- instead of facing the flags, I was looking down the street and saw nothing. I saw nobody near me. I knew something was wrong as I looked down at my legs, that I knew were once ready to run away from danger, and my right quad was blown open. I could feel my shoes just dangling by what felt like threads. And I didn't see anybody around me and I thought that for sure there was a second bomb that would go off to destroy everybody that was still alive that may have survived that first explosion. And being so terrified in knowing that I couldn't run for help and I didn't see anybody near me, I just screamed for somebody to save me or hear me. And when I did, I was rescued by first responders who turned my position down so that I could lay down on my back. But right before I did, I looked in the eyes of somebody taking a picture of me, and I remember being so scared and helpless and then angry that someone would be taking a picture at such a destructive time. And I laid down on my back with my legs propped up because I didn't want to put them down because I didn't know what was left of them. And I kept feeling like I was going in and out. So my first visions was seeing nobody to seeing a camera, laying on my back, a slight turn to my right, and I see my husband standing there.
THE COURT: Could we have --
MR. MELLIN: Did you call out to your husband or speak to him?
NICOLE GROSS: I tried to but I couldn't speak, but it was registering that he was right there. So I was reassured that he was alive because I saw him standing.
MR. MELLIN: At that time what did you think about yourself?
NICOLE GROSS: I knew I was receiving help so I was trying to pay attention to what they were telling me, asking me my name, where I was. So I was trying to stay very calm but I'm sort of in this other world of paying attention to seeing my husband and calling out that "My husband's right there. My husband's right there." And then I look over further to my right and the only person I see left that was a clear vision was my sister laying down, and her eyes were closed.
MR. MELLIN: Did you see her injuries at that point?
NICOLE GROSS: No, but I saw that she was being taken care of. So I was not sure what was going to happen to me but I was comforted by the fact that I knew my husband was alive and that I had a glimpse of my sister and that someone was taking care of her. And I knew that if I didn't pay attention to what the first responders were trying to tell me -- I was going in and out.
MR. MELLIN: Did anyone attach a tourniquet to your legs or anything like that?
NICOLE GROSS: They did.
MR. MELLIN: What happened?
NICOLE GROSS: I don't remember anything, I just know what was told to me afterwards, that there was a first responder as a fireman and as a runner who wrapped tourniquets around my legs. And my left leg had been broken and was split off to the left, and he put it back in place to be lined up with the rest of my leg. And I just remember being picked up and rushed into an ambulance.
MR. MELLIN: If I could --
MR. MELLIN: Just for the witness, please.
MR. MELLIN: -- have you look at Exhibit 1620. Ms. Gross, do you recognize Exhibit 1620?
NICOLE GROSS: I do.
MR. MELLIN: Who is that that is on the stretcher in that photo?
NICOLE GROSS: That's me.
MR. MELLIN: Okay. And is that April 15th of 2013?
NICOLE GROSS: Yes.
MR. MELLIN: Your Honor, we would move into evidence Exhibit 1620 and ask to publish it.
THE COURT: Subject to the prior objection, which was overruled, it's admitted.
(Government Exhibit No. 1620 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Ms. Gross, as we look at this, again, for the record, that is you on this stretcher. Is that right?
NICOLE GROSS: Correct.
MR. MELLIN: And there's a wrap around your left leg. Is that right?
NICOLE GROSS: Correct.
MR. MELLIN: Is there also one around your right leg?
NICOLE GROSS: I believe so. I don't know.
MR. MELLIN: You mentioned earlier that you had a problem with a quadricep that was blow open. Which quadricep was blown open?
NICOLE GROSS: My right.
MR. MELLIN: After being put on the stretcher, were you taken to the hospital?
NICOLE GROSS: Yes.
MR. MELLIN: And when you arrived at the hospital, what happened?
NICOLE GROSS: I was completely by myself. My family -- my mom had been running and stopped. The cell phone lines were down but I'd remembered my husband and my mom's cell phone number and I kept asking them to call. I was just worried about everybody else. And was rolled into an extra room because there were more critical people that needed to be rushed immediately into surgery. So I just laid there asking them to keep calling. And they gave me pain meds and they wrapped me up because I was freezing. And I just remember laying there completely alone. I was alone in the ambulance, and kept feeling helpless and alone.
MR. MELLIN: You went into surgery that day. Is that right?
NICOLE GROSS: Correct.
MR. MELLIN: And how many surgeries have you had?
NICOLE GROSS: Between ten and 11.
MR. MELLIN: What was the extent of your injuries?
NICOLE GROSS: My right eardrum was blown open; I broke both the tibula and -- tibia and fibula in my left leg that required a rod to be placed along my tibia; my right ankle was blown open with soft-tissue damage; my right Achilles was three-quarters severed; and I had complications from a blood-clotting filter that was inserted through my groin that had punctured my vena cava and lower bowel that required 20 staples along my abdomen.
MR. MELLIN: And what happened with your right quad?
NICOLE GROSS: It was blown open close to the femoral artery, but thankfully it was not affected.
MR. MELLIN: At some point did you learn the extent of your sister's injuries?
NICOLE GROSS: I did.
MR. MELLIN: And what were those?
MS. CLARKE: Objection.
THE COURT: Overruled.
You may answer. You can answer the question.
NICOLE GROSS: Okay.
NICOLE GROSS: I learned that she lost her leg below the knee.
BY MR. MELLIN:
MR. MELLIN: And approximately how many surgeries has she had?
NICOLE GROSS: Over 20.
MR. MELLIN: If we could have the witness, please, look at Exhibit 9.
THE COURT: Is this in evidence?
MR. MELLIN: Yes, it is, your Honor. All of these are in evidence.
BY MR. MELLIN:
MR. MELLIN: Mrs. Gross, as you look at Exhibit 9, do you recognize that scene?
NICOLE GROSS: Yes, I do.
MR. MELLIN: And as you look at that photograph, can you see both yourself and your husband Michael?
NICOLE GROSS: I can see myself right now. I can't see Michael.
MR. MELLIN: All right. If I enlarge it, can you see yourself?
NICOLE GROSS: Yes, I do.
MR. MELLIN: Can you please draw a circle around you in this photograph?
NICOLE GROSS: (Witness complies.)
MR. MELLIN: And for the record, you're the woman who's on the ground. You can see your right thigh, is that fair to say, in this photograph?
NICOLE GROSS: Correct.
MR. MELLIN: Okay. And your husband is where in this photograph?
NICOLE GROSS: (Witness indicating.)
MR. MELLIN: And again for the record, it's a gentleman wearing kind of a black sweat top with his head turned back?
NICOLE GROSS: Correct.
MR. MELLIN: Okay. As you look at this photograph, there's blood on your leg. Is that right?
NICOLE GROSS: Yes.
MR. MELLIN: And were you able to see if you were bleeding from that quad injury?
NICOLE GROSS: At that point, no. My skin had turned a weird gray color, and I just saw just a blown-open quad.
MR. MELLIN: If I could please have the witness look at Exhibit 12.
MR. MELLIN: As you look at Exhibit 12, do you see yourself in that photograph?
NICOLE GROSS: Yes.
MR. MELLIN: Okay. Where are you?
NICOLE GROSS: (Witness indicates.)
MR. MELLIN: And you just circled the woman in the red jacket, essentially in the center of the photograph?
NICOLE GROSS: Correct.
MR. MELLIN: Do you see your sister in this photograph?
NICOLE GROSS: Yes.
MR. MELLIN: Could you please circle her?
NICOLE GROSS: (Witness complies.)
MR. MELLIN: And you just circled the woman who's laying on the ground in the light blue jacket. Is that right?
NICOLE GROSS: Yes.
MR. MELLIN: And then if I could please have Exhibit 19 brought up?
I'm not sure that Exhibit 191 is actually in evidence, your Honor.
THE COURT: All right.
MR. MELLIN: Just for the witness.
BY MR. MELLIN:
MR. MELLIN: Mrs. Gross, as you look at Exhibit 19, do you recognize anyone in that photograph?
NICOLE GROSS: Yes.
MR. MELLIN: Who do you see in that?
NICOLE GROSS: My sister, and I see my leg.
MR. MELLIN: All right.
MR. MELLIN: Your Honor, I would move into evidence Exhibit 19 and ask to publish it.
MS. CLARKE: Same objection.
THE COURT: All right. Admitted.
(Government Exhibit No. 19 received into evidence.)
BY MR. MELLIN:
MR. MELLIN: Mrs. Gross, as you look at Exhibit 19, could you please circle your sister.
NICOLE GROSS: (Witness complies.)
MR. MELLIN: For the record, you circled the woman in the middle of the photograph in a light blue jacket. Is that right?
NICOLE GROSS: Yes.
MR. MELLIN: And you mentioned that in this photo you can also see your leg. Is that right?
NICOLE GROSS: Yes.
MR. MELLIN: And can you circle where you see your leg?
NICOLE GROSS: (Witness complies.)
MR. MELLIN: And you circled the leg next to the man in blue. Is that right?
NICOLE GROSS: Yes.
MR. MELLIN: All right. I'm going to try to zoom in on that. Now, do you see your leg there?
NICOLE GROSS: Yes.
MR. MELLIN: All right. And then finally, if I could have you look at Exhibit 20.
MR. MELLIN: Which is in evidence, your Honor.
MR. MELLIN: Mrs. Gross, do you see your sister in that photograph?
NICOLE GROSS: Yes.
MR. MELLIN: Could you please circle her?
NICOLE GROSS: (Witness complies.)
MR. MELLIN: And for the record, you circled the woman in the light blue that's just to the left of the woman in the red. Is that right?
NICOLE GROSS: Yes.
MR. MELLIN: Okay.
MR. MELLIN: With the Court's indulgence.
(Pause.)
MR. MELLIN: Thank you, your Honor.
MS. CLARKE: Thank you. No questions.
THE COURT: All right, Mrs. Gross. Thank you. You may step down.
(The witness is excused.)
THE COURT: Let me see counsel at the side.
(Discussion at sidebar and out of the hearing of the jury:)
THE COURT: So I was told earlier that that probably is it for the afternoon?
MR. WEINREB: Yes.
THE COURT: Can you tell us who will be up tomorrow?
MR. WEINREB: Yes. I think we'll probably begin with the Colliers, Andrew Collier.
THE COURT: I don't know if I'm working from the most current list. This is from last week.
MR. WEINREB: Okay. This may not be -- we were having to adjust the order for various things, but we'd probably begin with Andrew Collier. And Joe Rogers is Sean Collier's stepfather. And then at that point it's a little flexible. Oh, Chief DiFava will also testify about Sean Collier. And then at that point we're flexible, but among the witnesses we intend to call tomorrow were Michelle Gamble, the -- a witness from the United States Marshal's Service who will authenticate the screen shot from the video.
We may, in lieu of having Ms. Gamble ID -- or authenticate pictures of various victims, streamline it or simplify it by having one of the victim witness advocates identify all of the photos, but it's just a very quick witness, identifying the photos. And then Eric Whalley. Mr. Whalley and Adrianne Haslet-Davis for tomorrow.
I think all the others have scheduling issues and they need to testify on Thursday.
THE COURT: And -- okay.
MS. CONRAD: We would like to be heard maybe after the jury is excused about some issues with respect to the marshals. In particular, we, over the lunch break, asked to inspect the camera and inspect the cell block and we were told that -- and also to take a photograph of it because we believe it's reflective. And we were told that according to general counsel for the marshals that permission would have to come from the U.S. Attorney's office. I trust that the Court's order will suffice to allow us to inspect that.
THE COURT: Okay. So why don't we do this. I don't know if you've had any negotiations or conversations about this. Why don't we let you see what you can accomplish together, and we can take it up early tomorrow morning if we have to.
MS. CONRAD: Well, I'm going to need a chance for someone to take a photograph before the witness testifies, so I really need to --
THE COURT: Yeah, before.
MS. CONRAD: But if we take it up tomorrow morning, I don't know when I'm going to have someone take a photograph and when I can inspect it before we actually start because I'm going to be in court.
THE COURT: All right. Well, let's -- maybe you can talk about it and we can have a four o'clock session or something.
MS. CLARKE: Your Honor, there's also the question of the revised photos of the survivors. We've seen --
THE COURT: Yeah, I was going to get to that. That's why I wanted to know who's coming, because I want the government to match the exhibits with those people as the sorting has now happened, but so we won't go through it in open court.
MS. CLARKE: Right. Thank you.
THE COURT: I agree with that. Okay.
So we'll let them go until tomorrow morning and we'll plan to get together at four o'clock? Does that work?
(In open court:)
THE COURT: Jurors, for your purposes, that's it for today. Witness scheduling issues mostly. We'll continue tomorrow on the usual schedule at nine o'clock and proceed with the evidence.
And again, please, no conversation about the case among yourselves or with anyone else, and avoid any media reports.
Have a pleasant evening, and we'll see you tomorrow morning at nine o'clock.
COURT CLERK: All rise for the Court and the jury. The Court will be in recess.
(The Court and jury exit the courtroom and the proceedings adjourned at 3:19 p.m.)