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2015 Federal TrialtranscripttranscriptAndrew Collier — Direct - Day 50 - 2015 Federal TrialAndrew Collier described his brother Sean’s life, their shared family memories, and the impact of Sean’s death. The defense asked no questions.
William D. WeinrebJudy ClarkeGeorge A. O'Toole Jr.Andrew CollierCourt ClerkTHE COURTJurorMR. WEINREBAndrew CollierMS. CLARKEproceduraldirect
2015 Federal Trial/Day 50/April 22, 2015
9 pages·7 witnesses·1,741 lines
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.
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ProceduralProc.Morning Session Opening

P R O C E E D I N G S

COURT CLERK: All rise for the Court and the jury.

(The Court and jury enter the courtroom at 9:13 a.m.)

COURT CLERK: Be seated.

THE COURT: Good morning, jurors.

JUROR: Good morning.

THE COURT: Mr. Weinreb?

MR. WEINREB: Good morning, your Honor. The United States calls Andrew Collier.

DirectDirectAndrew Collier - Direct Examination Andrew Collier William D. Weinreb

ANDREW COLLIER, 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.

ANDREW COLLIER: Andrew Collier, C-O-L-L-I-E-R.

DIRECT EXAMINATION BY MR. WEINREB:

MR. WEINREB: Good morning.

ANDREW COLLIER: Good morning.

MR. WEINREB: How old are you?

MR. WEINREB: Are you Sean Collier's brother?

MR. WEINREB: Before I ask you any questions about your brother, I just want to ask you a few questions about yourself. Where do you work?

ANDREW COLLIER: I work at Hendrick Motorsports.

MR. WEINREB: What's that?

ANDREW COLLIER: It is a NASCAR race team in -- just outside Charlotte, North Carolina.

MR. WEINREB: What do you do there?

ANDREW COLLIER: I'm a machinist.

MR. WEINREB: How long have you worked there?

ANDREW COLLIER: I've worked there for seven years.

MR. WEINREB: Are you married?

MR. WEINREB: What's your wife's name?

MR. WEINREB: Where were you born?

ANDREW COLLIER: I was born in Stoneham, Massachusetts.

MR. WEINREB: And where did you grow up?

ANDREW COLLIER: Wilmington, Massachusetts.

MR. WEINREB: Did you go to school there?

MR. WEINREB: Which ones?

ANDREW COLLIER: I went to Shawsheen Elementary, Wilmington Middle, and the Shawsheen Valley Tech.

MR. WEINREB: Who did you live with growing up?

ANDREW COLLIER: My brothers and sisters, all six of us, and my parents, Kelly and Joe.

MR. WEINREB: Mr. Collier, yesterday did you and I look at some photographs together?

MR. WEINREB: Were they all fair and accurate photographs of what was depicted in them?

MR. WEINREB: Your Honor, the government offers Exhibits 1602-10 -- I'm sorry. I should have started with 1602-8, -10, -14, -25 and -30.

THE COURT: Is there any objection to any of those?

MS. CLARKE: No, your Honor.

THE COURT: All right. Those may all be admitted.

(Government Exhibit Nos. 1602-8, 1602-10, 1602-14, 1602-25 and 1602-30 received into evidence.)

MR. WEINREB: Mr. Bruemmer, can we have 1602-10, please.

BY MR. WEINREB:

MR. WEINREB: Mr. Collier, do you see the picture in front of you?

MR. WEINREB: Is that your family?

MR. WEINREB: Do you know roughly how long ago that picture was taken?

ANDREW COLLIER: It had to have been close to ten years ago, maybe more.

MR. WEINREB: So if you could just start from the left-hand side of the screen and go across to the right and tell us who the people are who are pictured there, and go slowly so that we can follow, I'd appreciate that. Thank you.

ANDREW COLLIER: No problem. Start on the left we have my sister Jen, the redhead. Then we have Brendan, who is my brother-in-law. He is married to my sister Nicole, who is the next one with her eyes slightly closed. We have Sean next, right next to Nicole, behind her; and Jen, the second Jen, that is in front of Joe, my father; Kelly next to me; and I am finally the one in the Bruins hat.

MR. WEINREB: Okay. So are you a blended family?

MR. WEINREB: And how old were you when your stepfather and your mom got together?

ANDREW COLLIER: I was about four years old.

MR. WEINREB: And are you a -- who is the youngest in the family?

MR. WEINREB: And how old -- I'm sorry. So you were, say it again, how old?

ANDREW COLLIER: How old am I now?

MR. WEINREB: No. How old were you then?

ANDREW COLLIER: Then? Probably -- actually, I was probably about 14 in that picture.

MR. WEINREB: Okay. And who is the second youngest in the family?

ANDREW COLLIER: That would be Sean.

MR. WEINREB: So the two youngest were the boys?

MR. WEINREB: And how close in age are Jen and Jennifer?

ANDREW COLLIER: They're about two years apart, I believe.

MR. WEINREB: Did the siblings share bedrooms in any way?

ANDREW COLLIER: Yup. Sean and I shared a bedroom for quite a while; both Jens shared a bedroom; Nicole being the oldest usually got her own; and Rob had his own for most of the time.

MR. WEINREB: So growing up together, living in the same room, were you and Sean close?

ANDREW COLLIER: Oh, yes, very.

MR. WEINREB: Spend a lot of time together as kids?

ANDREW COLLIER: We did. Almost all the time.

MR. WEINREB: You said you work for Hendrick Motorsports?

MR. WEINREB: And that's part of NASCAR?

MR. WEINREB: Did you and Sean ever do anything related to NASCAR together?

ANDREW COLLIER: We both -- we started racing 124-scale slot cars up in New Hampshire.

MR. WEINREB: What are -- just for people who don't know, what are slot cars?

ANDREW COLLIER: Basically it's, you know, a smaller car. It -- you put it on a track, it runs around, and you basically have a trigger. It's a lot like a lot of kids use the smaller version of them, you know, parents will buy them and they just follow the track around. It's a larger scale of that.

MR. WEINREB: When you say you would race them, was this in your home or competitive or --

ANDREW COLLIER: It was competitive. We did a couple of weeks through New England.

MR. WEINREB: Did one thing lead to another?

ANDREW COLLIER: Yes. So we -- through that we started getting into NASCAR. We eventually started racing go-carts together.

MR. WEINREB: How did you afford a go-cart?

ANDREW COLLIER: Sean and I both worked. First Sean got a job at the soccer track, and then I did later on, and we just saved up. I helped fund his first one and I ended up buying my own.

MR. WEINREB: How old were you?

ANDREW COLLIER: About 13, 14 years old.

MR. WEINREB: So what do you do with the go-carts?

ANDREW COLLIER: So I -- you know, we'd both work on them and race them. I tended to be a lot better at working on them than driving them and Sean tended to be a lot better driving them than working on them. So we teamed up a few times and had him work on it -- I mean, have me work on it and have him race it.

MR. WEINREB: And who would you race?

ANDREW COLLIER: You'd have a range. There were guys all the way up into their 60s racing against us at the track we'd run.

MR. WEINREB: Where was the track?

ANDREW COLLIER: It was up in Weare, New Hampshire.

MR. WEINREB: Was this a competitive thing? Did they have tournaments?

ANDREW COLLIER: Oh, yeah, it was just like -- kind of like NASCAR. You had a point system, you'd race every week, get points, and at the end of the year you could win championships or stuff like that.

MR. WEINREB: How did you and Sean do?

ANDREW COLLIER: As I said, I wasn't that great of a driver, but Sean did great. He always was winning races. He made a lot of people mad.

(Laughter.)

MR. WEINREB: What was Sean like as a kid?

ANDREW COLLIER: Sean was someone that was, I guess, a moral compass, would kind of be a good description. He was always -- it was black and white. What's right and what's wrong. And he was the one always fighting for what's right.

MR. WEINREB: How did that show itself? Do you have any examples?

ANDREW COLLIER: I would do something wrong and get a morality speech on it. Or --

(Laughter.)

ANDREW COLLIER: -- he would always choose to just do the right thing, I mean, down to you can't kill a bug. You have to put it back outside because you can't kill things.

MR. WEINREB: Sean eventually became a police officer, of course?

MR. WEINREB: Do you know when -- when did that ambition first surface?

ANDREW COLLIER: Before I was born, I believe. I mean, as long as I can remember, he wanted to be a police officer. We all kind of thought it was typical little boy wanting to be a police officer, but he never grew out of it.

MR. WEINREB: Did he -- how did he display that when he was younger?

ANDREW COLLIER: He would, you know, chase around us making siren noises, telling us we're breaking the law. He'd get very excited over seeing a police car, especially one with lights going and all that.

MR. WEINREB: What was he like as an adult?

ANDREW COLLIER: He was really coming into just being a -- he was an amazing person and he was just getting better by the day. He loved helping people, he -- we were talking about it last night. It's very rare to have someone that does so much great things and won't talk about it. He just does it and he doesn't tell anyone. And it was really after his death that we found out how many great things he was doing for people in the community and everything.

MR. WEINREB: Is there something that sticks out in your mind in particular?

ANDREW COLLIER: One of the -- I mean, he helped the MIT Outing Club. I remember one story of there was new parents, that the baby was having trouble. He was the first on the scene and he helped them until the ambulance got there. I mean, the parents described it as he possibly saved the child's life. And it was down to he emailed and contacted the parents a week later to make sure everything was all right. I mean, that's something most people don't get out of a police officer.

MR. WEINREB: As you got older and became adults, did you and Sean stay close?

ANDREW COLLIER: Yes. We were kind of -- I think kind of typical boys where we -- I mean, we didn't talk on the phone every day, but when we did get together, it was like we were never apart. And that's one of the things -- I really felt like we were getting closer and closer and hanging out more and more and building a better relationship as time went on.

MR. WEINREB: Did you ever ask each other for advice on things?

ANDREW COLLIER: Yeah. I mean, he was obviously a police officer, but he was also great with computers. And, you know, I'd go to him for stuff like, you know, my computer messed up and I couldn't figure it out. And I was a lot better with cars, he would come to me. But, I mean, even down to, you know, as I said, you know, advice on everyday life, he was great at giving that.

MR. WEINREB: Was the whole family close?

ANDREW COLLIER: Yes. We're a very close family. We go on annual trips and everything every year.

MR. WEINREB: Let me ask you about a couple of those trips. We'll do it through a couple of photographs, but let's start with 1602-30. What's that a picture of?

ANDREW COLLIER: That's Sean and I. Sean's on the left, I'm on the right. We're both in our pajamas. We both have our Teddy bears. So I stole -- he named his "Blue Baby," and then shortly thereafter when I was born I stole the name, and we both had Blue Babies.

(Laughter.)

MR. WEINREB: What did Sean think about that?

ANDREW COLLIER: Sean wasn't happy. You know, typical younger brother stealing stuff from the older brother.

(Laughter.)

MR. WEINREB: Let's have 1602-8, please.

MR. WEINREB: What's that a picture of?

ANDREW COLLIER: That's a school picture of Sean.

MR. WEINREB: Let's try 1602-14.

MR. WEINREB: What's that a picture of?

(Laughter.)

ANDREW COLLIER: So that was on one of our family trips. It was a cruise, and the stop was in Cozumel, Mexico. My sister Jen, Sean and I all went off on our own. We bought cigars and walked around. We went to a couple of bars like Señor Frog's. And we walked by and they had that little picture booth, basically, and we thought it would be a good idea to sit down and take a picture.

MR. WEINREB: Did it turn out to be a good idea?

ANDREW COLLIER: Yeah. I mean, we had a good time that day. We eventually ran into a little trouble, but...

(Laughter.)

MR. WEINREB: Well, at the risk of getting you into trouble all over again, what happened?

MR. WEINREB: I said at the risk of getting you into trouble all over again, what happened?

ANDREW COLLIER: So that day -- the cruise ship stayed on Ft. Lauderdale time, and of course I was using my cell phone which automatically updates to go by time. So we thought we were being responsible. We went out, you know, we had a good time but we were going to head back early. So we were all excited that we're going to make the parents proud by heading back early and getting on the boat and it turns out since the time change we were getting there right as the boat was about to leave.

MR. WEINREB: Did you make it?

ANDREW COLLIER: We did, barely. We were the last people onboard, and they told us they were getting ready to say good-bye to us.

MR. WEINREB: Did the two of you ever go hiking together?

ANDREW COLLIER: We did some hiking as kids up in New Hampshire.

MR. WEINREB: Let's have 1602-25.

MR. WEINREB: What's that a picture of?

ANDREW COLLIER: That was our last family cruise I went on with Sean. We went on a New Year's cruise. That was one of the formal nights. We were taking a picture with our mom.

MR. WEINREB: When was the last time you saw Sean?

ANDREW COLLIER: That was -- I briefly saw Sean over Easter.

MR. WEINREB: Right before he was killed?

ANDREW COLLIER: Yeah, in 2013.

MR. WEINREB: So this was the last vacation you took together?

ANDREW COLLIER: Yes. So that was the last time I really took -- spent kind of quality time with Sean.

MR. WEINREB: Where were you when you heard that your brother had been killed?

ANDREW COLLIER: I was at home in Concord, North Carolina, with my wife Tori.

MR. WEINREB: How did you get the news?

ANDREW COLLIER: I woke up to a bunch of missed phone calls. The last one was from my sister Nicole. I called her back and she informed me.

MR. WEINREB: What did you do?

ANDREW COLLIER: She -- I wasn't really thinking clearly. She told me that they were already working on a flight. She asked if Tori was coming up, which she was. And we basically had to wait in Charlotte for the next available flight.

MR. WEINREB: What were your thoughts as you were waiting?

ANDREW COLLIER: My thoughts were very scattered. It was very much disbelief, that it couldn't be true. Luckily, Tori was there to keep my head on straight.

MR. WEINREB: Have you thought about Sean a lot since then?

ANDREW COLLIER: Yeah, every day.

MR. WEINREB: How does his loss affect you today?

ANDREW COLLIER: It's still a huge loss. It's something that will affect me and my family for the rest of our lives.

MR. WEINREB: Do you notice his absence when you're all together?

ANDREW COLLIER: Yes. I mean, there's always -- even when we're having fun, there's always a cloud over whatever event it is, whether it's a holiday or a vacation.

MR. WEINREB: What do you miss the most about your brother?

ANDREW COLLIER: That would be -- that's a really hard question. The only answer I can really come up with on what I miss most about Sean is I miss Sean. I miss everything about him. There isn't one thing that stands out that I can say: That's it. That's what I miss the most.

MR. WEINREB: Thank you.

MS. CLARKE: Thank you very much. No questions.

THE COURT: All right, Mr. Collier. Thank you. You may step down.

(The witness is excused.)

MR. WEINREB: The United States calls Joe Rogers.

Continue to next page2.Joseph Rogers — Direct