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Criminal Action
No. 13-10200-GAO
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APPEARANCES:
OFFICE OF THE UNITED STATES ATTORNEY
By: William D. Weinreb, Aloke Chakravarty and
Nadine Pellegrini, Assistant U.S. Attorneys
John Joseph Moakley Federal Courthouse
Suite 9200
Boston, Massachusetts 02210
- and UNITED STATES DEPARTMENT OF JUSTICE
By: Steven D. Mellin, Assistant U.S. Attorney
Capital Case Section
1331 F Street, N.W.
Washington, D.C. 20530
On Behalf of the Government
FEDERAL PUBLIC DEFENDER OFFICE
By: Miriam Conrad, Federal Public Defender
51 Sleeper Street
Fifth Floor
Boston, Massachusetts 02210
- and CLARKE & RICE, APC
By: Judy Clarke, Esq.
1010 Second Avenue
Suite 1800
San Diego, California 92101
- and LAW OFFICE OF DAVID I. BRUCK
By: David I. Bruck, Esq.
220 Sydney Lewis Hall
Lexington, Virginia 24450
On Behalf of the Defendant
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I N D E X
THOMAS GRILK
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Cross
Redirect
Recross
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E X H I B I T S
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Direct
By Mr. Chakravarty
By Ms. Conrad
GOVERNMENT'S
EXHIBIT
DESCRIPTION
FOR ID
RECEIVED
Photograph
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Photograph
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Photograph
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Photograph
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Photograph
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774
Diagram
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789
Diagram
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790
Diagram
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791
Diagram
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P R O C E E D I N G S
* * *
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MR. CHAKRAVARTY:
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THE CLERK:
Have a seat.
THE WITNESS:
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BY MR. CHAKRAVARTY:
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Q.
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A.
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Q.
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A.
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Q.
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A.
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Q.
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A.
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existed over that period of time to the present day with that
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Q.
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A.
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It has
times:
and then in 2003, I became the president of the BAA, and held
Q.
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Excuse me.
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(Witness complies.)
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THE COURT:
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BY MR. CHAKRAVARTY:
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Q.
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A.
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Q.
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A.
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Thank you.
Number one,
In addition to
cross-country
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In the beginning of
So the
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Q.
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A.
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when BAA athletes went to Athens for the revival of the Olympic
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marathon:
In 1896,
Q.
And what was the general layout of the course back then?
A.
it follows today.
It's a little
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the standard distance for a marathon, that moved the start out
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Q.
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else has changed over the years in terms of the layout or the
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A.
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very much, but the size of the race, I suppose, is the most
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notable change.
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Q.
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Marathon?
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A.
people.
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There are
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volunteer.
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to it there.
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out and have one of the first days of spring when one can get
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outdoors and perhaps cheer for an event and for some athletes
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Q.
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A.
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holiday, so schools are out and many people are off work.
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it's a day when people have the opportunity to come out and
It is a Massachusetts
So
Q.
A.
that was the day that honored the Battle of Lexington and
Concord.
way to celebrate that day, and that's when the marathon was
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Q.
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A.
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for a great many people, for those who are able to qualify.
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And there are very few such races around the world that have
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Q.
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other runners?
Can you describe a little bit about what that balance is,
A.
for the men's and women's open division, the people who are
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So each year
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past, and within the preceding 18 months or so, that meets the
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Hancock.
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come from running clubs here, from cities and towns along the
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Q.
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In
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A.
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In
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There are four major hills that the runners have to cross in
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up to Boston College.
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very dense.
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The race then goes down from that hill through Brookline,
where the crowds are very thick, and finally comes through
finish is.
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around them.
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Q.
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course?
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A.
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the first part of the race, probably the first 20 miles or so,
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the spectators in the main are people who live there, people in
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those towns.
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there.
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And as the
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race then goes down into Brookline and into Boston, there are
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more -- many local people are there, but also visitors from
other places.
them.
people who are working in Boston who will come out to watch the
race.
Q.
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A.
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the race.
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since I have, but even going back that far, I remember how
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running.
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It is exciting.
It is exhilarating.
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little bit.
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of runners.
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have along the way on the course -- and there are hydration
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people who live along the course will bring out water and ice
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and orange juice and fruit, and little children will have
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runners.
Q.
on the area?
A.
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Q.
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A.
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is, but they look at the number of runners and decide how many
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people will be there; they look at media people who come in,
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those who are attracted to cover the race, and they have a
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study.
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And is there an estimate that the BAA uses for how many
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them.
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Q.
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A.
England.
international.
Q.
marathon on?
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A.
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beyond that.
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theirs.
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of dollars.
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Q.
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A.
We do.
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Q.
A.
There are.
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We have about
They receive
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a thousand runners.
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They have more than a hundred charities with whom they work,
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Then at the end, after the race is over, the charities all
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report back.
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two programs.
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Q.
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A.
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They
And those who run for charities, I assume that they don't
have met the qualifying requirement who choose to run via the
charity programs.
Q.
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categories:
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Are there other events that the BAA puts on around the
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participants.
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mile races:
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categories.
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around city blocks, coming past the finish line and the
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They run
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the Back Bay, with teams comprised of kids from Boston schools,
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schools from towns along the marathon course and a few other
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towns.
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And the kids who compete in those races are kids who
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for it.
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have booths at which they exhibit products and where people can
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buy things.
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There is an
For people who have come to run in the race, they have to
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postcard which they then bring to the Expo; they go through our
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registration area.
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event.
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They receive a
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recognizing the winners, both those who have won prize money
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and female.
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It has, in recent
Q.
A.
marathon.
Aside from the events that the BAA puts on, are there
There are a great many people who come to Boston for the
People who are, for example, publishers in the
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come.
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time?
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A.
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has been common for many years for a lot of people to leave the
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Red Sox game and then walk down into Kenmore Square to watch
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Q.
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A.
And for many of them, they will host social events for
So there are a great
Well, the most notable one on the same day as the marathon
And it
A substantial amount.
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There are
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And
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Q.
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A.
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expert in ratings.
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and the charities that you described in which either the BAA or
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A.
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Q.
Sure.
I'm not an
Business
A.
place where the BAA conducts most of our press events and a
Oh, I see.
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We have never
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Q.
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A.
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for media.
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So we have a very
Hopkinton in waves.
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They get out there and they need a place to wait for the
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waves.
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area, and they will go off; 20 minutes later another wave will
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come out, and they will go off; 20 minutes later another wave
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Going down the course, the next two most important areas
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virtually every mile along the course, all the way to the
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finish.
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We have
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qualifying standard.
It is a very
As one gets all the way down through the course to the
finish area, now you have some thousands of runners who are
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done and they stop, and their needs need to be met there.
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they cross the finish line, they receive more hydration; they
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When
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Public Library.
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little bit further in the Back Bay, which is a little less than
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half the size of that for overflow and for runners who may
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cross the finish line and feel all right and receive their
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Medical Tent B.
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So they would go to
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them a personal bag that -- we would issue them a bag that they
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busses, those busses would be driven back into Boston while the
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competition was going on, and when the runners finish, they
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these busses were and they could, with their race number,
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effects in there.
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Q.
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to security?
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A.
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outside.
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agencies and federal agencies to plan for the race that year
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addressed.
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Q.
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A.
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Hopkinton.
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2012, we had had very high heat and had to take extra measures
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Q.
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A.
That's right.
A good day
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wheelchairs.
where they don't push the rim of the wheel; they have what look
There's a geared
There's a small
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women, the women competing for prize money, start so that they
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can -- the reason for that being so that they can have a
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At 10 a.m.
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the elite men start, the men competing for prize money.
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begin at 10:20.
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Q.
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A.
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And
After they
Wave 2
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finish line.
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quite early, long before any runners are coming in, but to get
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I would
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feels like, and then let them know when races began.
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over the course of the morning, over the course of the race,
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Q.
And then
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A.
Q.
A.
I did.
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A.
They are.
Q.
day?
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A.
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Q.
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A.
Yes.
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Q.
And does that fairly and accurately depict the events that
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Marathon?
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A.
It does.
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Q.
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through 791, are those fair and accurate diagrams of the area
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A.
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THE COURT:
We do object at this
BY MR. CHAKRAVARTY:
Q.
Mr. Grilk, the diagrams that you saw with regards to the
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MS. CONRAD:
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THE COURT:
Yeah.
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was needed.
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question.
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question later.
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MR. CHAKRAVARTY:
I mean,
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MS. CONRAD:
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MR. CHAKRAVARTY:
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identification.)
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BY MR. CHAKRAVARTY:
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Q.
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A.
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Q.
blue triangle?
A.
The finish line is the yellow line in the road, just prior to
Q.
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A.
It is there, yes.
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And
And up above it --
That's right.
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outlets are that are doing a broadcast of the race, both the
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broadcast.
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Q.
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A.
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describing?
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A.
Yes, it is.
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Q.
Okay.
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A.
there that I sit during the time when announcing the race.
Q.
A.
So it is
There are.
MR. CHAKRAVARTY:
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Q.
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A.
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located.
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race course.
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Q.
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A.
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All right.
I cannot.
MR. CHAKRAVARTY:
Exhibit 3, please.
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Q.
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A.
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reference, at the very top right one can see a little blue
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And
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MR. CHAKRAVARTY:
They have
Q.
A.
The
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trophy and metal, and the olive wreath that is given to the
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champion.
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On the
In
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the photo bridge much more clearly here with a white awning
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Q.
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A.
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There are volunteers who are out in the finish area who are
So people
Q.
A.
Q.
A.
They are.
MR. CHAKRAVARTY:
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could.
Q.
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A.
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Q.
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MS. CONRAD:
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THE COURT:
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THE WITNESS:
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BY MR. CHAKRAVARTY:
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Q.
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diagram.
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next to them?
Objection.
Overruled.
Yes.
A.
MR. CHAKRAVARTY:
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There
Q.
A.
the left, and Dartmouth Street over to the right, and the
Q.
That's right.
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A.
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lower portion.
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Q.
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A.
Yes.
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THE COURT:
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THE COURT:
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MR. CHAKRAVARTY:
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BY MR. CHAKRAVARTY:
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Q.
A.
Q.
ask you --
A.
Fairfield Street.
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a block.
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Q.
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Forum restaurant?
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A.
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So
Okay.
There's
I am.
MR. CHAKRAVARTY:
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A.
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Q.
Could it be Gloucester?
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A.
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Q.
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A.
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Q.
course?
A.
the course.
space, or so it seems.
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MR. CHAKRAVARTY:
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Q.
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dense would you say the crowds were in that area versus earlier
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in the day?
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A.
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my observation.
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are out there enjoying cheering for the citizen runners, the
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Q.
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A.
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line and the gun went off and everyone ran in, and your time
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for the race was the time at the finish line when you got
there.
clock was at the finish because that was your official time for
the race.
As years have gone by, technology has made that clock less
So that they
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time is recorded.
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recorded when they cross the finish line, and it's the time
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that has elapsed and been measured electronically from the time
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they cross the start to the time they get to the finish.
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is really more to give spectators a sense for how far along the
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race is.
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are first set up, the starting gun is fired and that triggers
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can see where that is and they see the official time for the
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So that spectators
It's a
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and the first wave of runners starts, and then the wheelchair
clock switches back over to the starting time for the main
race.
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Once the
The way that an official can tell is that the waves have
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Wave 1,
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shift.
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Q.
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10:40 a.m., the clock shows that the time is approximately 2:49
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p.m.?
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A.
It does.
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Q.
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video?
A.
I do.
Q.
All right.
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Q.
A.
Yes.
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Q.
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A.
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restaurant.
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Q.
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blast?
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A.
I have.
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Q.
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perspective?
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A.
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Again, the one with which I'm most familiar is the Forum
And
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were -- beyond the people who were already there in the medical
There were some 5,600 runners who were stopped, who were
Everyone was
So our
How
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busses out there so we could get them back in and get people
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For many
And we
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safety authorities.
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Q.
emergency response?
A.
feel an obligation?
And did those people go in to the scene and deal with the
Well, the people on the scene for us, our volunteers, our
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people who had been injured down into the medical area.
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those people were brought into the medical tent, those who were
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the other end of the tent; others were attended to, as well as
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Medical Services.
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Q.
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A.
Yes, it did.
As
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Q.
A.
It did.
Q.
A.
On Patriots' Day.
Q.
A.
2013, with the cooperation of the eight cities and towns and
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this coming April, the field size will go back down, but not
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MR. CHAKRAVARTY:
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Thank you.
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THE COURT:
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MS. CONRAD:
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THE COURT:
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All right.
May I?
For
BY MS. CONRAD:
Q.
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A.
I did not.
Q.
to be to scale.
A.
Q.
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A.
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up and down the street along there quite often, it looks about
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right to me.
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Q.
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A.
That's right.
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Q.
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A.
That's correct.
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Q.
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depicted there, I think you said that you were familiar with
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business names --
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MS. CONRAD:
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please.
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Q.
A.
Q.
the way.
A.
Q.
There.
A.
I'm sorry.
Q.
Right there.
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A.
Oh.
I do not know.
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MS. CONRAD:
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THE COURT:
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MR. CHAKRAVARTY:
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THE COURT:
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down.
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* * *
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Thank you.
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C E R T I F I C A T E
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3/26/15