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2015 Federal Trialtrial-daytrial-dayAloke ChakravartyNadine PellegriniWilliam D. WeinrebMiriam ConradJohn DiFavaAdrianna Haslet-DavisGary OliveiraJoseph RogersEric WhalleyJinyan ZhaoAndrew Collierdirectsidebarvoir_direcrossDay 50 - April 22, 2015Family and community witnesses described Sean Collier and Lingzi Lu, while bombing survivors testified about their injuries. The Court addressed victim-impact testimony and photograph objections, and the jury saw a cell-surveillance still followed by defense video clips.
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Day 50 - April 22, 2015

Victim-Impact Testimony, Survivor Injuries, and Cell Surveillance Evidence

Judge George A. O'Toole Jr.
16Proceedings
9Pages
7Witnesses
1,741Lines
4Sidebars
Day 50 of 67
Appearing:

Family and community witnesses described Sean Collier and Lingzi Lu, while bombing survivors testified about their injuries. The Court addressed victim-impact testimony and photograph objections, and the jury saw a cell-surveillance still followed by defense video clips.

Full day summary

Andrew Collier and Joseph Rogers described Sean Collier's character, ambition to become a police officer, and continuing absence from family life. Family photographs were admitted without objection. Rogers also testified about the effects on Sean's mother and siblings. At sidebar, the Court rejected a categorical family-only limit on victim-impact testimony while expressing concern about repetition. It permitted a graduation photograph but found a photograph with Officer Donohue unnecessary. MIT police chief John DiFava then described Collier's work and the department's continuing grief. Before Eric Whalley testified, the Court admitted the proposed survivor testimony on the grave-risk-of-death issue, preserving the defense objection and reserving its photograph ruling pending testimony. Whalley described permanent loss of sight in one eye, brain injuries, limb-salvage treatment, and continuing mobility, hearing, and balance problems. He said his salvaged leg might still require amputation. The Court admitted three exhibits over renewed objections; a separate foot photograph was shown for the witness without a recorded admission. Adrianna Haslet-Davis described the explosions, efforts to reach help, loss of her left leg below the knee, and her husband's continuing injuries. An aftermath photograph was admitted over a renewed objection. Outside the jury's presence, deputy U.S. marshal Gary Oliveira answered questions about a cell-block incident report submitted two days after the incident at a superior's direction. Before the jury, he authenticated a surveillance still from July 10, 2013. The Court admitted it and subsequently admitted three defense video clips. Oliveira said he did not know why Tsarnaev made either gesture. The Court restricted counsel's characterization of the footage and left its interpretation to the jury. Jinyan Zhao described Lingzi Lu's studies, personality, ambitions, and family relationships. She recounted funeral arrangements and conversations with Lingzi's parents. Photographs, a memorial-book cover, and a translated recording of her father's memorial speech were admitted; the recording was played.

8. Gary Oliveira — Voir Dire/Direct/Cross

Gary Oliveira testified about courthouse surveillance of Dzhokhar Tsarnaev and the timing of his incident report. The Court admitted a still photograph and three defense video clips.

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sidebar
Oliveira’s Reports and Video Evidence
27 lines

Counsel discussed possible additional Jencks statements by Deputy Oliveira concerning a press-disclosure investigation and clarified plans to use a photograph and video excerpts.

Procedural
Jury Excused for Oliveira's Witness Voir Dire
5 lines
Voir Dire
Gary Oliveira - Witness Voir Dire on Incident Reports Gary Oliveira Miriam Conrad
76 lines

Oliveira clarified his incident report's submission date and a superior's direction to prepare it. The Court limited the defense's voir dire before the jury returned.

Direct
Gary Oliveira - Direct Examination Gary Oliveira Nadine Pellegrini
65 lines

Oliveira authenticated a courthouse cell-surveillance still. The Court admitted Exhibit 1595 over a renewed defense objection and said either party could show the video.

Cross
Gary Oliveira - Cross-Examination Gary Oliveira Miriam Conrad
343 lines

Conrad introduced three surveillance clips surrounding the still photograph. Oliveira could not explain Tsarnaev's gestures and acknowledged delayed, supervisor-directed reporting; the Court restricted counsel's characterization of the footage.

1 sidebar inside this proceeding
  1. Defense Video Clips Offered for ContextThe defense offered video clips it said showed Tsarnaev’s compliance and use of the camera as a mirror to counter the government’s message argument.

Highlights

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