9.Stephen Woolfenden — Direct
468 linesSTEPHEN WOOLFENDEN, duly sworn
COURT CLERK: State your name, spell your last name for the record, keep your voice up and speak into the mic.
STEPHEN WOOLFENDEN: Stephen Woolfenden, W-O-O-L-F-E-N-D-E-N.
DIRECT EXAMINATION BY MR. MELLIN:
MR. MELLIN: Good morning, sir.
STEPHEN WOOLFENDEN: Good morning.
MR. MELLIN: Where are you employed?
STEPHEN WOOLFENDEN: At Novartis Institute of Biomedical Research.
MR. MELLIN: And what is it that you do?
STEPHEN WOOLFENDEN: I'm a cancer biologist. I do translational research for drug discovery.
MR. MELLIN: Where did you go to school?
STEPHEN WOOLFENDEN: I went to school at Northern Michigan University.
MR. MELLIN: And what degree did you get?
STEPHEN WOOLFENDEN: Bachelor of science in biology.
MR. MELLIN: After that, what did you do?
STEPHEN WOOLFENDEN: My wife and I moved from Michigan to Massachusetts, where I was employed at Charles River Laboratories.
MR. MELLIN: You mentioned your wife. What is your wife's name?
STEPHEN WOOLFENDEN: Amber Woolfenden.
MR. MELLIN: Do you have a family?
STEPHEN WOOLFENDEN: I do.
MR. MELLIN: And how many children do you have?
STEPHEN WOOLFENDEN: I have my son, Leo.
MR. MELLIN: How old is Leo?
STEPHEN WOOLFENDEN: Leo's five.
MR. MELLIN: In April of 2013, did you attend the Boston Marathon?
STEPHEN WOOLFENDEN: I did.
MR. MELLIN: Why did you attend?
STEPHEN WOOLFENDEN: I attended because -- Leo and I attended because my wife Amber was running the race.
MR. MELLIN: The morning of April 15th, what did you do?
STEPHEN WOOLFENDEN: Leo and I awoke. Obviously, I didn't work that day. Leo had the day off from daycare. Amber had left previously to go to Boston to be shuttled to Hopkinton. Leo and I awoke, we had breakfast, did normal things, prepared to -- took a shower, got ready to go to the marathon.
MR. MELLIN: In April of 2013, how old was Leo?
STEPHEN WOOLFENDEN: He was three years old.
MR. MELLIN: When you say you prepared to go to the marathon, what did you have to do?
STEPHEN WOOLFENDEN: Basic day-to-day routine: dress Leo, brush his teeth, brush my teeth, had lunch, and then we departed.
MR. MELLIN: When you headed out, where did you go?
STEPHEN WOOLFENDEN: We drove to Boston Common and parked in the garage underground.
MR. MELLIN: Did you have a stroller or anything with you for Leo?
STEPHEN WOOLFENDEN: We did.
MR. MELLIN: What did you have?
STEPHEN WOOLFENDEN: It's a BOB stroller. It was a BOB stroller.
MR. MELLIN: Can you describe what a BOB stroller is?
STEPHEN WOOLFENDEN: It's designed for running. It has three wheels. They're similar to the wheels you'd see on a BMX bike, fairly heavy-duty.
MR. MELLIN: You have one wheel in front and two in the back?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: After you parked underground at the Boston Common, what happened?
STEPHEN WOOLFENDEN: We went upstairs to the ground level and proceeded across the Common and angled towards Boylston Street, towards the church. It was extremely crowded so -- our intention was to meet friends at a place called the M Bar on Boylston. I am no longer unfamiliar with Boylston, but at the time I was very unfamiliar with Boylston. It turns out we were on the wrong side of the street, but we proceeded anyway. There was -- the crowds were extremely heavy, so Leo and I would cut down to Newbury Street, cut back and across. And we eventually made it to a point where I could see the M Bar on the opposite side of the street.
MR. MELLIN: Were you able to cross the street at that point?
STEPHEN WOOLFENDEN: No, we were not.
MR. MELLIN: So having the chance to see it but not being able to get over to it, what did you do?
STEPHEN WOOLFENDEN: I texted our friends that we're on the wrong side of the street and I'd have to backtrack and I would see them shortly.
MR. MELLIN: At that point, who was with you?
STEPHEN WOOLFENDEN: My son, Leo.
MR. MELLIN: Where was your wife at that point?
STEPHEN WOOLFENDEN: My wife, she was running the marathon.
MR. MELLIN: Were you tracking her on the phone or anything?
STEPHEN WOOLFENDEN: I was.
MR. MELLIN: Okay. Was she near Boylston at that point or not?
STEPHEN WOOLFENDEN: I don't believe so, no.
MR. MELLIN: Okay. All right. So what did you and Leo do?
STEPHEN WOOLFENDEN: I sent the text, put the phone in my pocket, and proceeded towards the finish line. And then the first bomb detonated.
MR. MELLIN: All right. When the first bomb detonated, what did you decide to do?
STEPHEN WOOLFENDEN: I was in shock, in disbelief. And then it registered that we needed to get out of there, and the most logical choice would be to make -- take a 180 and go back the other way. And we didn't get that opportunity.
MR. MELLIN: Why not?
STEPHEN WOOLFENDEN: Because the bomb exploded.
MR. MELLIN: And at that point in time where you were, how crowded was it?
STEPHEN WOOLFENDEN: It was extremely crowded.
MR. MELLIN: When the bomb exploded, what happened?
STEPHEN WOOLFENDEN: It was -- I just remember a sensation of intense heat, pressure. It felt like every part of my body was punched harder than humanly imaginable. At the time I thought I was -- I stayed standing, but that was because I was still holding on to the stroller. I was on the ground. And then my first instinct was to check on my son, Leo.
MR. MELLIN: So as a father, what did you do?
STEPHEN WOOLFENDEN: The BOB stroller had a cover attached to it. And I had put the cover down earlier, so I pulled back the cover. And I discovered Leo was conscious, he was alive. He was bleeding from the left side of his head. And I just became extremely terrified. I started to palpate his body.
MR. MELLIN: What do you mean by that?
STEPHEN WOOLFENDEN: Touch his body to see if there were other visible injuries. It didn't appear that there were any. And I gently palpated his scalp where the laceration was, where he was bleeding from his head.
MR. MELLIN: Right.
STEPHEN WOOLFENDEN: And then I thought, Well, let's get out of here. And that's when I discovered my leg had been severed off.
MR. MELLIN: So when you said "let's get out of here," what did you physically do? Did you try to get up or --
MR. MELLIN: And at that point --
STEPHEN WOOLFENDEN: That's when I discovered my leg was severed.
MR. MELLIN: What did you actually see when you looked down?
STEPHEN WOOLFENDEN: I was wearing boots at the time. And my left boot was next to my -- my now stump. And protruding from the top of the boot was my tibia, and there was a large amount of blood present as well. There was also a piece of tissue, roughly 10 centimeters in length, and it appeared to be -- it looked like scotch tape covered with blood, and I now know that was my Achilles. So at that moment I took off my belt and I applied it between -- on my thigh as tight as I possibly could. And then proceeded to try to remove Leo from the stroller and comfort him, and I -- my fingers were so numb I couldn't undo the buckle.
MR. MELLIN: When you tried to remove him, how were you removing him? Were you still on the ground or were you trying to stand up or what were you doing?
STEPHEN WOOLFENDEN: I had pulled the stroller down and I was holding the stroller, trying to manipulate the buckles.
MR. MELLIN: What did it smell like?
STEPHEN WOOLFENDEN: It smelled like burning hair, blood, sulphur. It smelled terrible.
MR. MELLIN: What was Leo doing?
STEPHEN WOOLFENDEN: Leo was crying and screaming uncontrollably. He was saying "Mommy, daddy, mommy, daddy, mommy, daddy, mommy, daddy, mommy, daddy."
MR. MELLIN: What did you do?
STEPHEN WOOLFENDEN: I continued to try to remove him from the stroller. I could not. And that's when a bystander, a good samaritan, became a first responder under the circumstances, came over, asked me if we needed help. I said, "Yes. My son's bleeding from his head. You need to get him out of here. Please get my son to safety." And he said, "I will do that but first I'm going to put another tourniquet on your leg," which he removed his belt and placed it below my knee. And then he proceeded to take Leo, and then they were off.
MR. MELLIN: How did you feel at that point?
STEPHEN WOOLFENDEN: I was completely terrified because I didn't know if I was ever going to see my son again.
MR. MELLIN: How heavily was your leg bleeding?
STEPHEN WOOLFENDEN: There was blood all over the sidewalk, all around me, so I didn't -- I just assumed that I was bleeding heavily.
MR. MELLIN: When Leo was grabbed by this good samaritan, what was Leo doing?
STEPHEN WOOLFENDEN: He just continued to scream, "Mommy, daddy, mommy, daddy."
MR. MELLIN: At some point did you try to get him back?
STEPHEN WOOLFENDEN: There was another good samaritan bystander who came over and was helping me, just talking to me, and I -- all I was saying to him was, "My son, Leo, someone took him." And I believe he tried to go find him. But he came back to me.
MR. MELLIN: So the samaritan came back with Leo?
MR. MELLIN: What happened at that point?
STEPHEN WOOLFENDEN: I was just lying on the cement terrified. And several people came up to me, but I only remember one person's face --
MR. MELLIN: What did they do?
STEPHEN WOOLFENDEN: -- with certainty. They just stayed with me and talked to me and comforted me. And they said, "You're going to fucking make it. You're going to fucking make it."
MR. MELLIN: Did you think that was the case?
STEPHEN WOOLFENDEN: I had no idea. I thought I could very well die.
MR. MELLIN: You said before you were terrified. What were you terrified of?
STEPHEN WOOLFENDEN: I was terrified of losing my son, Leo. I was terrified of never seeing my wife again. I had no idea whether this was going on all the way down the race course. I feared for my wife's safety.
MR. MELLIN: At some point was Leo handed off to Officer Tommy Barrett?
STEPHEN WOOLFENDEN: Yes, he was.
MR. MELLIN: Your Honor, if I could have -- this is in evidence -- Exhibit 30 brought up, please.
MR. MELLIN: Mr. Woolfenden, do you see Exhibit 30 in front of you?
STEPHEN WOOLFENDEN: Yes, I do.
MR. MELLIN: Who is that in the photo?
STEPHEN WOOLFENDEN: That's my son, Leo, being carried by Officer Tom Barrett.
MR. MELLIN: And is there blood on the side of Leo's head from that cut on his head?
STEPHEN WOOLFENDEN: Yes, there is.
MR. MELLIN: Thank you. After Leo was handed off to Officer Barrett, you remained on the scene. Is that right?
STEPHEN WOOLFENDEN: That's correct.
MR. MELLIN: And while you were on the scene, at some point did you receive attention and were you taken from the scene?
STEPHEN WOOLFENDEN: Yes, I was.
MR. MELLIN: Can you describe that for us?
STEPHEN WOOLFENDEN: At some point I could just feel hands on my body transfer me onto a stretcher, being lifted into the air and placed in an ambulance.
MR. MELLIN: And at that time were you still conscious?
MR. MELLIN: Did you feel pain at that point?
STEPHEN WOOLFENDEN: I felt a mix of sensations. My body felt numb, but at the same time I felt pain throughout my entire body. I felt hot, cold. It was a mix of sensations.
MR. MELLIN: When you were loaded into the ambulance, was anyone else in there with you?
STEPHEN WOOLFENDEN: Yes, there was.
MR. MELLIN: Do you know who that was?
STEPHEN WOOLFENDEN: Yes. A woman.
MR. MELLIN: Do you know her name?
STEPHEN WOOLFENDEN: Yes, I do.
MR. MELLIN: Who was that?
STEPHEN WOOLFENDEN: Gina DiMartino.
MR. MELLIN: While you were riding in the ambulance, could you see or did you hear Ms. DiMartino say anything?
MR. MELLIN: What was she saying?
STEPHEN WOOLFENDEN: It wasn't what she was saying; it was she was screaming in pain. She was in intense pain.
MR. MELLIN: What did you do?
STEPHEN WOOLFENDEN: I turned my head to her and I asked her her name, and I asked her to give me her hand.
MR. MELLIN: Why did you do that?
STEPHEN WOOLFENDEN: Because I wanted to hold someone's hand.
MR. MELLIN: Where did you go?
STEPHEN WOOLFENDEN: We were taken to Boston Medical Center.
MR. MELLIN: And when you got to Boston Medical Center, what happened?
STEPHEN WOOLFENDEN: I recall being transferred into the ICU, and on the way in a nurse came up to me and took my hand, and I immediately grasped and pulled her down to my face and I said, "I was separated from my son, Leo. I have no idea where he is. You have to help me find him." And she said --
MR. MELLIN: What did she say?
STEPHEN WOOLFENDEN: "Okay. I'll do that."
MR. MELLIN: What happened after that?
STEPHEN WOOLFENDEN: After that I believe I was transferred into the triage room. I recall -- I recall screams. Just screams.
MR. MELLIN: Of people in pain or what?
STEPHEN WOOLFENDEN: Of people in pain.
MR. MELLIN: How were you feeling at that point?
STEPHEN WOOLFENDEN: I was screaming as well.
MR. MELLIN: What pain at that point were you feeling?
STEPHEN WOOLFENDEN: At that point I believe it was similar to what I felt before.
MR. MELLIN: Did you go into surgery?
STEPHEN WOOLFENDEN: The last few things I recall in the triage room is someone tugging on my ring finger and I heard, "We can't get the ring off. We're going to have to get the ring cutter." And it occurred to me that maybe they aren't talking about me, maybe they're talking about somebody else in the room, and then I don't recall anything.
MR. MELLIN: Prior to surgery, did you ever see Leo?
STEPHEN WOOLFENDEN: No, I did not.
MR. MELLIN: Did you ever see your wife prior to surgery?
STEPHEN WOOLFENDEN: I did. At some point after that I was being transferred -- I'm assuming it was to surgery. And I heard a voice while I was being transferred. That voice was Amber, my wife, saying, "I'm looking for my husband Steve. Oh, my God, there he is right there." And Amber came and grabbed my head and said, "Leo is at Children's Hospital. He's okay. He's alive."
MR. MELLIN: How did you feel after that?
STEPHEN WOOLFENDEN: I felt at a certain peace, as much at peace as you can feel under those circumstances.
MR. MELLIN: Do you remember when you woke up?
STEPHEN WOOLFENDEN: I do.
MR. MELLIN: When was that?
STEPHEN WOOLFENDEN: It was on Wednesday.
MR. MELLIN: So you went in for surgery Monday night and you woke up Wednesday?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: When you woke up, what did you find out had happened to your body?
STEPHEN WOOLFENDEN: I found out that I had lost my left leg below the knee. I was quite certain that was the case out on Boylston, at the scene, but I didn't know the extent -- the exact extent.
MR. MELLIN: When you woke up, who was in your room?
STEPHEN WOOLFENDEN: My wife's former boss and supervisor.
MR. MELLIN: All right. Do you know where your wife was at that point?
STEPHEN WOOLFENDEN: My wife's former boss and supervisor let me know that Amber was with Leo at Children's Hospital in Boston.
MR. MELLIN: Do you know how long Leo was in the hospital?
STEPHEN WOOLFENDEN: Leo was discharged Thursday evening.
MR. MELLIN: Do you know the extent of Leo's injuries?
STEPHEN WOOLFENDEN: I do.
MR. MELLIN: What were they?
STEPHEN WOOLFENDEN: Leo had a laceration on the left side of his head. It was approximately a centimeter in length. He also had a skull fracture, approximately a centimeter in length, that required four sutures, I believe. His left eardrum was also perforated, and he had minor burns.
MR. MELLIN: When were you reunited with Leo?
STEPHEN WOOLFENDEN: Thursday evening.
MR. MELLIN: He came to your hospital room?
STEPHEN WOOLFENDEN: He did.
MR. MELLIN: Who was there at that time?
STEPHEN WOOLFENDEN: Well, Amber, my wife, brought Leo into the room, and I believe my mother and father were in the room at the time, but I'm not -- there were several people in the room. I can't recall everyone who was there.
MR. MELLIN: How many total surgeries did you have, Mr. Woolfenden?
STEPHEN WOOLFENDEN: I believe I had two -- I had formal amputation the night of Monday and then probably some revisional surgeries on Tuesday. I also had injuries to my right leg. I had two lacerations, roughly five to six centimeters in length, one across -- on the anterior portion roughly between my patella and my ankle.
MR. MELLIN: When you say "anterior portion," what do you mean by that?
STEPHEN WOOLFENDEN: The front of my leg.
MR. MELLIN: Okay.
STEPHEN WOOLFENDEN: And another laceration that was on the inside of my calf muscle. And that required removal of some tissue to remove shrapnel.
MR. MELLIN: Did you have any injuries to your ears?
STEPHEN WOOLFENDEN: Yes, I did.
MR. MELLIN: What was that?
STEPHEN WOOLFENDEN: My right eardrum was perforated.
MR. MELLIN: Did you have to have surgery or anything for that or has that healed?
STEPHEN WOOLFENDEN: No, I did not. It resolved on its own.
MR. MELLIN: Did you have any burn marks or burning on your body?
STEPHEN WOOLFENDEN: Yes, I did.
MR. MELLIN: Where was that located?
STEPHEN WOOLFENDEN: I had random burn marks on my -- you know, on my left leg, above the amputation; some minor burns on my left arm; some on my torso; a burn on my throat near the Adam's apple area. I had a burn to my scrotum area. I had minor burns on my face.
MR. MELLIN: How long were you in the hospital?
STEPHEN WOOLFENDEN: I was discharged from Boston Medical -- I believe it was the following Monday or Tuesday, and I was transferred to the Spaulding Rehabilitation facility in Boston.
MR. MELLIN: So seven or eight days in the hospital?
MR. MELLIN: And then you were transferred to Spaulding?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: How long were you in Spaulding?
STEPHEN WOOLFENDEN: I believe I was at Spaulding for 13 days.
MR. MELLIN: At some point did you receive a prosthetic leg?
STEPHEN WOOLFENDEN: I did.
MR. MELLIN: When was that?
STEPHEN WOOLFENDEN: I believe it was on June 6th, 2013.
MR. MELLIN: And as you're testifying here in court today, are you wearing that prosthetic leg?
STEPHEN WOOLFENDEN: Yes, I am.
MR. MELLIN: It's under pants. Is that right?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: Prior to coming here today, did you have a chance to review what has been referred to as the "Forum video"?
STEPHEN WOOLFENDEN: Yes, I have.
MR. MELLIN: Did you see yourself and Leo in that video?
STEPHEN WOOLFENDEN: Yes, I did.
MR. MELLIN: Your Honor, if I could please have a portion of the Forum video played. It's Exhibit 23. It's in evidence.
23I is the clip, Mr. Bruemmer.
MR. MELLIN: Before we start --
MR. MELLIN: If we could pause there for a moment.
MR. MELLIN: -- Mr. Woolfenden, as you look at Exhibit 23I, this clip of the Forum video, do you see yourself in it?
STEPHEN WOOLFENDEN: Yes, I do.
MR. MELLIN: Where are you?
STEPHEN WOOLFENDEN: Approximately the center -- top center of the frame.
MR. MELLIN: Okay. That screen is interactive. I think you could -- if you could try to circle yourself on it.
STEPHEN WOOLFENDEN: (Witness complies.)
MR. MELLIN: And for the record, you're the gentleman with the cap on wearing a blue jacket essentially in the middle -- top middle of that picture?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: At that point in time as you look at that photo, where's Leo?
STEPHEN WOOLFENDEN: You can't see Leo in the frame because he's in a stroller directly in front of me.
MR. MELLIN: So it's the three-wheel stroller that you're pushing, and you're behind it?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: And as we look at this, how difficult was it to maneuver with that stroller around this crowd of people?
STEPHEN WOOLFENDEN: It was challenging.
MR. MELLIN: And, Mr. Bruemmer, if we could start playing that.
(Video recording played.)
MR. MELLIN: And if you could pause it for just a moment.
MR. MELLIN: Mr. Woolfenden, as you look at this now, you're moving down towards the left in this video. Is that right?
MR. MELLIN: So you're getting closer and closer to the front of the Forum?
MR. MELLIN: Do you see the individual in the white hat that's moving away from the tree in the opposite direction, or coming towards you?
STEPHEN WOOLFENDEN: Yes, I do.
MR. MELLIN: Do you recall seeing that person that day?
STEPHEN WOOLFENDEN: I do not.
MR. MELLIN: All right, Mr. Bruemmer. If you could continue.
(Video recording played.)
MR. MELLIN: If you could pause it there.
MR. MELLIN: Do you see yourself now in that portion of this?
STEPHEN WOOLFENDEN: Yes, I do.
MR. MELLIN: And again, you're right in the middle of the frame wearing the blue jacket?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: All right. Continue, please.
(Video recording played.)
MR. MELLIN: You can pause it right there, please.
MR. MELLIN: Now, sir, what just happened in the video?
STEPHEN WOOLFENDEN: The first explosion occurred.
MR. MELLIN: And at this point do you see yourself in this?
STEPHEN WOOLFENDEN: Yes, I do.
MR. MELLIN: Can you circle yourself, please?
STEPHEN WOOLFENDEN: (Witness complies.)
MR. MELLIN: Thank you. Where's the man in the white hat?
STEPHEN WOOLFENDEN: Directly to my right.
MR. MELLIN: And at that time where's Leo?
STEPHEN WOOLFENDEN: Still directly in front of me in the stroller.
MR. MELLIN: Thank you.
MR. MELLIN: Mr. Bruemmer, if you can continue.
(Video recording played.)
MR. MELLIN: Okay. If we could move on to 23J.
MR. MELLIN: Picking up right where we left off, the man in the white hat is still right next to you. Is that right?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: If you could hit "play," please.
(Video recording played.)
MR. MELLIN: Do you see him go past you right there?
MR. MELLIN: And if you could stop it for a second.
MR. MELLIN: There was a moment there where you backed up a little bit. Is that right?
MR. MELLIN: And at that moment what were you trying to do?
STEPHEN WOOLFENDEN: I wanted to go in the opposite direction.
MR. MELLIN: Were you able to spin around the stroller fast enough?
STEPHEN WOOLFENDEN: No, I was not.
MR. MELLIN: Play, please.
(Video recording played.)
MR. MELLIN: If you could pause that, please.
MR. MELLIN: We just saw the second explosion. Is that right?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: Okay.
MR. MELLIN: If you could start that.
(Video recording played.)
MR. MELLIN: And pause that, please.
MR. MELLIN: As we look at 23J now, do you see there's a cloud of smoke in the middle?
STEPHEN WOOLFENDEN: Yes, I do.
MR. MELLIN: Now, are you able to make out in that cloud of smoke the front wheel of the stroller?
STEPHEN WOOLFENDEN: I can.
MR. MELLIN: Can you just circle that for me?
STEPHEN WOOLFENDEN: (Witness complies.)
MR. MELLIN: Thank you. At this point in time, where are you?
STEPHEN WOOLFENDEN: (Witness indicates.)
MR. MELLIN: And you just circled on the ground behind the stroller?
MR. MELLIN: All right. If we could play.
(Video recording played.)
MR. MELLIN: If you could pause it, please.
MR. MELLIN: Right now what are you trying to do?
STEPHEN WOOLFENDEN: I'm trying to check on my son, Leo.
MR. MELLIN: And Leo at this point is still in the stroller?
MR. MELLIN: All right. Play, please.
(Video recording played.)
MR. MELLIN: If we could stop it right there.
MR. MELLIN: You are still behind the stroller. What are you doing right now?
STEPHEN WOOLFENDEN: I'm pulling out Leo's blanket that was in the bottom storage compartment of the stroller.
MR. MELLIN: And what are you going to do with that?
STEPHEN WOOLFENDEN: I believe I was going to put it over my left leg.
MR. MELLIN: So by this time now you know you're injured?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: Hit "play," please.
(Video recording played.)
MR. MELLIN: Leo's still in the stroller at this point?
MR. MELLIN: And again, if you could pause it right there.
MR. MELLIN: There appears to be an opening now in the back of the stroller. Why is that?
STEPHEN WOOLFENDEN: The way the stroller's designed, there's a flap in the back that you can kind of cut through and reach your child.
MR. MELLIN: And that's where you're trying to reach in and grab him?
MR. MELLIN: Okay. Hit "play," please.
(Video recording played.)
MR. MELLIN: And if you could hit "pause," please.
MR. MELLIN: And now finally does someone come up to help you?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: Is that the individual that you handed Leo off to?
STEPHEN WOOLFENDEN: Yes, it is.
MR. MELLIN: Ultimately he comes back with Leo, and then is Leo handed off to Officer Barrett?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: The man in the white hat, when he walked by you, did he bump you?
STEPHEN WOOLFENDEN: I don't recall if he did.
MR. MELLIN: After Leo is taken out of the stroller, do you know what happens to the stroller?
STEPHEN WOOLFENDEN: What happened to the stroller?
MR. MELLIN: Yes.
STEPHEN WOOLFENDEN: No, I don't recall.
MR. MELLIN: If I could have you look at Exhibit 1597.
MR. MELLIN: Just the witness for right now.
For the record, your Honor, this is one of the photographs out of the 2D that was already admitted, but now it's been separated out as just a photograph.
THE COURT: It was part of the video?
MR. MELLIN: The 2D.
MR. BRUCK: As previously noted.
THE COURT: I'm sorry?
MR. BRUCK: As previously noted.
THE COURT: Yes.
MR. MELLIN: And, Mr. Woolfenden, would you look at this photograph? Do you recognize the location that's depicted in the photograph?
STEPHEN WOOLFENDEN: Yes, I do.
MR. MELLIN: And where is that?
STEPHEN WOOLFENDEN: That's across the street from the Forum restaurant.
MR. MELLIN: And looking towards the Forum?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: Do you see your stroller in that photo?
MR. BRUCK: Objection.
THE COURT: I'm not clear whether you offered this yet or not.
MR. MELLIN: I haven't, your Honor. I'm just about to.
THE COURT: All right. Okay.
BY MR. MELLIN:
MR. MELLIN: And do you see your stroller in that photo?
STEPHEN WOOLFENDEN: I do.
MR. MELLIN: Okay. Your Honor, I would move into evidence Exhibit 1597, which is essentially already in evidence.
THE COURT: Over objection, it's admitted.
(Government Exhibit No. 1597 received into evidence.)
MR. MELLIN: If I may publish it.
BY MR. MELLIN:
MR. MELLIN: And as you look at this, Mr. Woolfenden, could you please circle where your stroller is now the next morning on the scene?
STEPHEN WOOLFENDEN: (Witness complies.)
MR. MELLIN: And just so we're all clear, that is the stroller that you were pushing Leo in the day before?
STEPHEN WOOLFENDEN: Yes, it is.
MR. MELLIN: And that's the same stroller that the man in the white hat walked by as he walked by you pushing it?
STEPHEN WOOLFENDEN: Correct.
MR. MELLIN: If we could take that down, please. Thanks.
MR. MELLIN: Mr. Woolfenden, I'd like to go back to when you were on the ground. At some point when you were on the ground, did you look around and see who was around you?
STEPHEN WOOLFENDEN: Yes, I did.
MR. MELLIN: And when you looked around and saw who was around you, what did you see?
STEPHEN WOOLFENDEN: At some point after Leo was taken away, I noticed I was -- I noticed there was some -- there was a presence on my arm. And I turned to my right and I saw a little boy and his mother, Martin Richard and Denise Richard.
MR. MELLIN: And when you saw them, what did you see?
STEPHEN WOOLFENDEN: I saw Martin's face, and I could see that -- I could see a boy that was -- looked like he was fatally injured.
MR. MELLIN: When you say you could see his face, what could you see of his face?
STEPHEN WOOLFENDEN: I saw his hair had been singed, I saw that his eyes were rolled in the back of his head and his mouth was agape.
MR. MELLIN: Could you see his body?
STEPHEN WOOLFENDEN: Yes, I could. I could see the top part of his torso.
MR. MELLIN: What did you see?
STEPHEN WOOLFENDEN: I saw an immense amount of blood.
MR. MELLIN: What did you think at that point?
STEPHEN WOOLFENDEN: I was really, really terrified.
MR. MELLIN: Having just turned over Leo to Officer Barrett, how did you feel?
STEPHEN WOOLFENDEN: Terrified.
MR. MELLIN: Could you hear anything being said between Denise Richard and Martin Richard?
STEPHEN WOOLFENDEN: I could hear -- I heard "please" and "Martin."
MR. MELLIN: "Please" and "Martin"?
STEPHEN WOOLFENDEN: "Please" and "Martin" being uttered by Denise Richard.
MR. MELLIN: Was it said once or more than once?
STEPHEN WOOLFENDEN: Many times.
MR. MELLIN: Could you see what, if anything, Martin was doing in response to that?
STEPHEN WOOLFENDEN: I didn't see any response to it.
MR. MELLIN: And what was Denise Richard doing?
STEPHEN WOOLFENDEN: Just pleading with her son.
MR. MELLIN: At some point did you lock eyes with Denise Richard?
STEPHEN WOOLFENDEN: I placed my hand on her back, and Denise turned to me for a moment and asked me if I was okay.
MR. MELLIN: What did you say?
STEPHEN WOOLFENDEN: I said, "Yes, I'm fine."
MR. MELLIN: At that point what did she do?
STEPHEN WOOLFENDEN: Her attention was back to Martin.
MR. MELLIN: Finally, if I could have you take a look at two very short clips of the video that is zoomed in on Martin. And in particular, there's a yellow circle, and if you could focus on Martin and his arms in that video.
MR. MELLIN: 1634A, please?
THE COURT: These are the ones we've discussed, right?
MR. MELLIN: That's correct. Yes, your Honor.
(Video recording played.)
MR. MELLIN: If you could pause it for one second.
BY MR. MELLIN:
MR. MELLIN: Now, at this particular time, do you see your stroller?
STEPHEN WOOLFENDEN: Yes, I do.
MR. MELLIN: And do you know where Martin is behind that stroller?
STEPHEN WOOLFENDEN: He would be on the opposite side of the stroller.
MR. MELLIN: Thank you. Thanks.
(Video recording played.)
MR. MELLIN: Mr. Woolfenden, did you see the arms that went up and then went down?
MR. BRUCK: (Nonverbal gesture.)
THE COURT: Sustained. The objection is sustained.
MR. MELLIN: Did you see some movement in that?
THE COURT: No.
MR. MELLIN: Did you see --
THE COURT: No, again, this -- I think our discussion was the video speaks for itself.
MR. MELLIN: I'm just trying to draw -- do you know -- where was Martin Richard at this point in time?
STEPHEN WOOLFENDEN: In the yellow circle. Within the yellow circle.
MR. MELLIN: Fine. And there's someone over the top of Martin at this point in time?
MR. MELLIN: Who is that?
STEPHEN WOOLFENDEN: Denise Richard.
MR. MELLIN: Okay.
MR. MELLIN: And if we could then move on to 1634B.
(Video recording played.)
MR. MELLIN: If you could pause it for one moment.
MR. MELLIN: Again, as you look at this, where is Martin?
STEPHEN WOOLFENDEN: Right in the center of the yellow circle.
MR. MELLIN: And again, who is over the top of him?
STEPHEN WOOLFENDEN: Denise Richard.
MR. MELLIN: Thank you.
MR. MELLIN: If you could play that, please.
(Video recording played.)
MR. MELLIN: Mr. Woolfenden, there's a period in that video where Denise Richard is over the top of Martin. Do you see that?
MR. MELLIN: And is that the time when you were next to her?
STEPHEN WOOLFENDEN: Well, yes, I'm next to her in the photograph. Yes.
MR. MELLIN: While you were on the scene, was Martin Richard ever moved?
STEPHEN WOOLFENDEN: Was he moved?
MR. MELLIN: Yes, from that area.
STEPHEN WOOLFENDEN: I don't recall.
MR. MELLIN: Thank you.
MR. MELLIN: Thank you, your Honor.
THE COURT: Any examination?
MR. BRUCK: Mr. Woolfenden, I have no questions for you. Thank you.
THE COURT: All right, Mr. Woolfenden. Thank you. You may step down.
(The witness is excused.)
MR. WEINREB: Your Honor, the government rests.
THE COURT: All right. Jurors, we've gone a little past the one o'clock hour just to finish with the witness, obviously, and you've now heard from the government that that's its evidence for this penalty phase. We're going to proceed -- it will now be the defendant's turn to present evidence in this phase.
As I think I've told you previously, we've told them that they can expect to begin on Monday. So we will not, as I predicted yesterday, be here tomorrow. So we're done for today and tomorrow and we'll resume on Monday.
So once again, you'll have some time off, and there will be the temptations that we've talked about, have possible exposure to things, possible investigation. Please, you understand the instructions, that's not to be done at all. You have to politely push people away if they're going to try to contact you about this. Keep it entirely out of your minds. Think of other things for the weekend. We'll see you on Monday and we'll continue with the evidence in the case, all right?
COURT CLERK: All rise for the Court and the jury. Court will be in recess.
(The Court and jury exit the courtroom and the proceedings adjourned at 1:10 p.m.)