Beruflich Dokumente
Kultur Dokumente
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Plaintiff,
v.
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9
Defendant.
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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, William W. Fick and Timothy G.
Watkins, Federal Public Defenders
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
Direct
Cross
Redirect
Recross
DAVID McCOLLAM
By Mr. Chakravarty
By Mr. Watkins
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E X H I B I T S
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GOVERNMENT'S
EXHIBIT
DESCRIPTION
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1230-10
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DEFENDANT'S
EXHIBIT
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1387A
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3102
Photograph of hobby
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RECEIVED
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09:15
P R O C E E D I N G S
THE COURT:
THE JURY:
THE COURT:
Morning, jurors.
Good morning, your Honor.
Just two matters before we continue with
the evidence.
made.
10
After
THE COURT:
11
12
about.
13
there is a value added for those that is not available from the
14
other evidence.
15
16
09:15
MR. CHAKRAVARTY:
17
THE COURT:
18
MR. CHAKRAVARTY:
Correct.
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THE COURT:
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Yes.
Yes.
All right.
Remain standing.
THE CLERK:
the mic.
09:16
09:17
Have a seat.
THE WITNESS:
Spell your
M-c-C-o-l-l-a-m.
Q.
A.
Good morning.
Q.
10
A.
Yes.
11
Q.
12
A.
13
Unit.
14
Q.
15
A.
I am not.
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Q.
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A.
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Dominion University.
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Q.
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A.
Yes.
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Q.
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A.
25
Q.
A.
8
9
09:18
09:18
As his
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11
tests.
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Q.
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A.
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Q.
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work?
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A.
What's bench
09:19
09:19
Q.
investigation?
A.
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Q.
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A.
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15
Q.
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A.
Yes.
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Q.
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A.
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different cases.
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Q.
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There
09:20
09:21
A.
and if he agrees with it, then he'll sign the report out.
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Q.
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and examiners?
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A.
Correct.
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Q.
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training?
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A.
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Q.
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A.
Yes.
25
Q.
Yes.
09:22
09:22
A.
Yes.
Q.
A.
investigation.
10
the investigation.
11
Q.
12
A.
Yes.
13
of evidence.
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Q.
15
A.
I did.
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Q.
17
A.
I did, yes.
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Q.
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A.
I have.
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Q.
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A.
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Q.
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chemistry?
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A.
Correct, yes.
25
Q.
What is an explosive?
09:23
09:23
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A.
10
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12
different categories.
13
explosives.
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nitroglycerin.
19
can see.
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So a
These are
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They're mixtures of
22
different chemicals.
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source of oxygen.
25
09:24
09:25
11
also propellents.
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11
12
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fireworks.
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Q.
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A.
Yes.
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Q.
19
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A.
Correct, yes.
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Q.
23
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A.
25
09:25
on there.
reenactments.
it burns, it reacts.
When
10
11
buying it.
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Q.
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14
A.
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reaction going.
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09:26
12
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They're relatively
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achieve a shockwave.
09:27
09:27
13
So there's
energy put into that blasting cap which starts the explosive
that blasting cap, and that blasting cap then propagates that
Q.
A.
It's a
10
safety fuse, so you can light it and then get away in time, so
11
you could have some type of hot ember or hot -- it's just
12
energy.
13
could be a flame.
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Q.
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A.
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black powder, you would feel the heat from the thermal
23
decomposition.
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It
It could be
Yes.
09:28
09:29
14
It
wouldn't explode.
from the second can, which is a pound of it, and I put that in
that container.
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exploding.
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Q.
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A.
18
thousandths of a second.
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That's the
It's causing a
There's
09:30
going.
Q.
observations that you can make about the explosion that might
low-explosive explosion?
A.
09:30
10
sound.
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with that.
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that we see.
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15
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forming, when they start off and they're burning, the products
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Q.
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25
A.
Correct.
09:31
09:32
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Q.
post-blast investigation?
A.
Yes.
Q.
A.
There may be
So there's various
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Q.
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forensic examination?
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A.
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Q.
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A.
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Based on the
It's
For
09:32
within there.
material.
Q.
investigation?
A.
Now, did you examine the evidence from the Boston Marathon
Yes.
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11
09:33
17
MR. CHAKRAVARTY:
up Exhibit 620.
12
THE COURT:
13
MR. CHAKRAVARTY:
14
Q.
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A.
Yes.
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Q.
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A.
Yes.
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Q.
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A.
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firework-type material.
09:34
09:34
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Q.
A.
pyrotechnic-type material.
Q.
A.
Yes.
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Q.
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12
A.
Yes.
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Q.
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material?
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A.
Yes.
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Q.
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18
A.
Yes.
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Q.
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21
A.
Yes.
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Q.
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A.
24
flash-powder-type material.
25
Q.
Yes, I did.
09:35
09:36
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A.
brought over.
oxidizers.
They're
10
burning.
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Q.
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A.
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want.
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there.
25
If you see
09:37
and the people that make this stuff understand the different
fireworks.
that you see burning are because of the different elements and
Q.
A.
All right.
So when the evidence came in, there were many, many pieces
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11
metal fragment.
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15
samples were submitted as well both from Scene A and B and then
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09:37
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We
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19
we were able to scrape that off, we would set that aside for
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a water wash that I'm using, so I rinse the items with water.
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09:38
soup.
So they're going to
in the system.
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puzzle.
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09:39
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sample.
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predetermined degrees.
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degree angle.
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that's in there.
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lattice.
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We can't do
solid material.
structures.
09:40
09:40
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That's a mouthful,
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13
that's in there.
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like that.
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material.
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Q.
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21
A.
No.
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Q.
23
24
25
So a
How do you
09:41
09:42
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A.
collected, we sit down and I start going through all the data,
them myself.
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Q.
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12
A.
Yes.
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Q.
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15
was used?
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A.
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21
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Q.
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A.
They can.
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applications.
You can.
Is there an
09:42
source of it.
Q.
A.
there.
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11
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13
depending on what state you live in and how the laws are set up
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15
09:43
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16
the cardboard.
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be projected vertically.
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21
Q.
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of things?
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A.
09:44
powder.
Q.
require?
A.
Some of the
There's 454
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mortars.
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09:45
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MR. CHAKRAVARTY:
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Q.
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A.
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taken apart.
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Q.
All right.
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25
MR. CHAKRAVARTY:
believe.
When
09:45
09:46
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Q.
A.
Yes.
Q.
earlier photo?
A.
Yes.
Q.
A.
10
material.
11
Q.
12
13
of explosives?
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A.
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20
cylindrical-type materials.
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25
09:47
09:47
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Q.
A.
Yes.
Q.
A.
Yes.
Q.
A.
Yes.
Q.
10
explosive material?
11
A.
12
13
grams of material.
14
15
Q.
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17
A.
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19
and the fuel, the most common fuel used is aluminum powder
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21
22
But when you work with this material, it appears -- since it's
23
24
color.
25
Again,
So that's pretty
09:48
09:49
28
Q.
But
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A.
11
12
13
14
sizes.
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16
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18
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20
21
22
Q.
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24
post-blast materials --
25
A.
It
Yes.
Q.
-- correct?
09:50
09:50
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A.
Q.
A.
10
Q.
11
cooker devices and the pipe bombs, then you would expect that
12
there would be even more bulk material that would have had to
13
have been prepared before they could have been used in those
14
devices?
15
A.
Yes.
16
Q.
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18
19
were assembled?
20
A.
It was presented to me
No.
21
MR. WATKINS:
22
THE COURT:
Very confusing.
23
stand.
24
Q.
25
Did you also receive in the lab for analysis trace filters
09:52
09:53
30
A.
Yes.
Q.
A.
Yes.
Q.
Was there any one set of trace filters that you received
A.
Q.
10
A.
11
12
Apartment No. 3.
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14
Q.
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A.
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17
ion.
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19
Q.
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21
22
A.
23
Q.
24
25
Is that okay?
I don't
09:53
A.
residues as well.
Q.
Norfolk?
A.
Correct.
Q.
those gloves?
A.
10
Q.
11
A.
12
13
well, not just the residues of the ions, the oxidizers that we
14
15
identified.
16
Q.
MR. WATKINS:
18
MR. CHAKRAVARTY:
Q.
There were
17
19
09:54
31
20
MR. WATKINS:
21
THE COURT:
I object.
22
Q.
23
24
in the course of --
25
A.
Correct.
09:55
difficult.
Q.
It's very
MR. WATKINS:
THE COURT:
No.
Overruled.
Leading.
Go ahead.
10
Q.
11
12
13
A.
Yes.
14
Q.
And did you find the residues that were commensurate with
15
that volume --
16
09:55
32
MR. WATKINS:
17
be seen at sidebar?
18
THE COURT:
Can we
Okay.
19
20
MR. WATKINS:
21
22
the long term of the guilt phase here, trying to suggest that
23
24
25
guilt phase.
9
09:56
09:57
33
MR. CHAKRAVARTY:
And on that
10
conclusion.
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12
I'm simply exposing what his analysis was about those trace
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14
15
what those -- that analysis means, I'm eliciting from him the
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19
involved.
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22
23
THE COURT:
Was this in
his report?
MR. CHAKRAVARTY:
24
are trace amounts of the explosives and the residues, and it's
25
the time he did the report, he didn't know what the trace
amount was.
THE COURT:
MR. CHAKRAVARTY:
.
MR. CHAKRAVARTY:
10
11
such.
12
MR. WATKINS:
13
MR. CHAKRAVARTY:
14
MR. WATKINS:
15
10:00
09:58
34
Then no objection.
16
THE COURT:
Okay.
17
MR. CHAKRAVARTY:
18
19
Q.
20
A.
Good morning.
21
Q.
22
23
residues?
24
A.
Yes.
25
Q.
10:01
10:02
35
analyzed?
to say?
A.
Yes.
Q.
A.
That's correct.
Q.
10
Exhibit 3099
11
is Q667.
12
A.
I do.
13
Q.
14
15
A.
16
17
area, I couldn't scrape off any residue, per se, like I could
18
19
20
21
22
23
SEM.
24
from the particular gloves that were within Specimen 667 and
25
668, actually.
So I
So
10:02
10:03
36
Q.
You told us about ions and anions that you look for when
A.
Correct.
Q.
A.
Q.
in low explosives?
A.
You
They
10
11
12
Q.
13
14
formulations?
15
A.
Correct.
16
Q.
17
barium and zinc, those are things also found when you analyzed
18
19
A.
Yes.
20
Q.
21
22
23
A.
Correct.
24
Q.
25
10:04
formulations, right?
A.
Yes.
Q.
A.
Yes.
Q.
But certainly
10
11
glove, right?
12
A.
Yes.
13
Q.
14
15
MR. CHAKRAVARTY:
I think this
16
17
angle.
18
10:05
37
MR. WATKINS:
Is it?
19
20
Q.
21
I'm sorry.
This is Q671.
Maybe
I stand corrected.
22
Q.
23
A.
Correct, yes.
24
Q.
25
same, right?
10:06
10:06
A.
Q.
A.
Yes.
Q.
sorry.
A.
showed.
Q.
38
I'm
On 667 and 668 but not on 671, that second picture you
Right.
10
11
A.
Yes.
12
Q.
13
14
15
A.
16
items.
17
Q.
18
19
A.
20
Q.
21
filters --
22
A.
Yes.
23
Q.
-- to analyze, right?
24
A.
Yes.
25
Q.
Yes.
There are
10:07
10:08
A.
Q.
right?
A.
Q.
39
I'm not an
But you do get those trace filters back to the lab and
10
A.
Yes.
11
Q.
12
filter.
13
at 410 Norfolk.
14
A.
Yes.
15
Q.
16
17
A.
Yes.
18
Q.
19
low-explosive residue?
20
A.
Some, yes.
21
Q.
22
23
24
A.
That's sulfate.
25
Q.
Sorry, sulfate.
10:09
10:10
40
A.
Yes.
Q.
and make it clear for the record, I showed you Exhibit 3099,
that correct?
A.
Yes.
Q.
is that correct?
Is
10
A.
Yes.
11
Q.
Have you also analyzed a set of tools and other items that
12
13
14
A.
Yes.
15
Q.
I'm sorry?
16
A.
Yes.
17
Q.
18
19
A.
Yes.
20
Q.
21
of low explosives?
22
A.
23
Q725 I analyzed.
I analyzed Q725.
Yes.
MR. WATKINS:
24
25
Q.
A.
Yes.
Q.
laboratory?
A.
MR. WATKINS:
MR. CHAKRAVARTY:
10
12
I think
11
MR. WATKINS:
Is it?
May we
publish that?
13
10:12
Yes.
9
10:11
41
THE COURT:
Yup.
14
Q.
15
A.
16
Q.
17
18
A.
19
20
that.
21
22
Q.
23
Not traces.
24
THE COURT:
Is this in evidence?
25
Now, there's
I don't
10:13
10:14
the jury?
MR. CHAKRAVARTY:
THE COURT:
MR. WATKINS:
42
Okay.
May I have just a moment?
Q.
A.
Q.
I'm sorry.
10
A.
11
Q.
12
on it, right?
13
A.
Correct.
14
Q.
15
16
A.
17
18
centralite.
19
20
smokeless powder.
21
Q.
22
3066 yesterday.
23
24
25
A.
Right.
Correct.
And it is a
10:15
10:16
43
Q.
or August of 2013?
A.
Yes.
Q.
A.
Q.
10
A.
11
filter.
12
were swabs.
13
Q.
14
locations where they were from, that they had been collected
15
from?
16
A.
17
18
collected from.
19
20
Q.
21
collected from?
Right.
22
MR. CHAKRAVARTY:
23
THE COURT:
24
MR. WATKINS:
25
THE COURT:
Overruled.
Sorry?
Overruled.
10:17
10:18
44
A.
FBI Boston.
Q.
A.
Yes.
Q.
A.
Yes.
10
Q.
Did you find any of the traces that you talked about with
11
12
A.
13
14
screen for.
No.
15
MR. WATKINS:
16
MR. CHAKRAVARTY:
17
18
Q.
19
20
A.
Correct.
21
Q.
22
23
A.
Yes.
24
Q.
25
of low explosives that Mr. Watkins asked you about, you found
10:18
10:19
45
them on some gloves, and you found some in some vacuum filters
A.
Yes.
Q.
And that's the only trace amounts that you found in this
A.
Yes.
Q.
10
A.
11
12
Q.
13
14
A.
Yes.
15
Q.
16
17
MR. WATKINS:
18
THE COURT:
19
MR. CHAKRAVARTY:
20
THE COURT:
21
22
23
24
25
Sustained.
That's all I have, your Honor.
Anything else?
END OF EXCERPT.)
Thank you.
C E R T I F I C A T E
2
3
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7
8
9
10
11
12
/s/Cheryl Dahlstrom
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Dated
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