Defense attorney Robert Blasier cross-examined criminalist Andrea Mazzola, methodically attacking LAPD's evidence collection and chain of custody procedures. Blasier established that wet blood swatches were stored unrefrigerated in a hot crime-scene truck for up to ten hours, dried in an unlocked cabinet alongside OJ Simpson's reference blood vial, and were never counted, sketched, or photographed — making substitution or contamination impossible to detect. The examination also targeted Mazzola's shifting testimony about whether she had her eyes open when the reference blood was transferred to Fung, and whether she had initialed the bindles.
# 1 Q: (BY MR. BLASIER) Ms. Mazzola, one of your responsibilities with Dennis Fung, at the Bundy scene, was to examine the entire scene for possible evidence to collect, correct?
# 2 A: Usually you have a walk-through at the beginning, yes.
# 3 Q: And it's your responsibility, yours and Mr. Fung's, to identify all evidence that might be -- have some probative value and collect that evidence, correct?
# 5 Q: And that involves the careful examination of the scene itself, doesn't it?
# 7 Q: And you were at the Bundy scene from about 10:00 or 10:15 in the morning until when?
# 10 (Witness reviews documents in blue notebook binder.) # 11 A: Approximately quarter after 3:00.
# 12 Q: All right. So about six -- five hours, a little more than five hours?
# 13 A: Somewhere around there, yes.
# 14 Q: You had plenty of time to examine that scene, did you not?
# 15 A: We had the walk-through, yes, and we started work.
# 16 Q: And when you left that area, you felt you were done and you had completely processed the scene, correct?
# 18 Q: Now, the so-called Bundy drops, these were drops that where are on the walkway, going out on the side of Nicole Brown Simpson's condominium, correct?
# 19 A: There were drops on the walkway, yes.
# 21 (Referring to exhibit No. 67 entitled Blood Drops at Bundy, June 13, 1994.) # 22 MR. BLASIER: You want to take a look at this and orient yourself, if you could.
Can you see it from there?
MR. P. BAKER: The board is exhibit 67.
# 24 (Exhibit 67 displayed on the Elmo screen.) # 25 Q: (BY MR. BLASIER) Now, one of the things that you do when you collect evidence is to document the evidence as you collect it, correct?
# 27 Q: And the notes that you have in front of you -- I forget what number that is. 923?
MR. P. BAKER: 943.
# 29 Q: (BY MR. BLASIER) Do those particular documents have a list of items that you collected from Bundy, or is that on a different checklist?
# 30 A: That was on a different checklist.
# 31 Q: Did you bring that other checklist with you?
# 32 A: Did I?
My copy, yes.
# 33 Q: And why don't you pull that out, because I'm going to ask you some questions about it.
The numbers on the drops in this chart 112, 13, 14, 15, and 17, those are photo I.D. numbers, are they not?
# 35 Q: And they were later given different item numbers after they -- at the time they were brought in to be booked, I suppose, correct?
# 36 A: They were assigned property numbers before final booking.
# 37 Q: Okay.
Now, could you look at your records and tell me now --
Incidentally, were these numbers assigned in sequence as to -- as you identified things?
# 38 A: That is what you normally try to do, is to keep things sequential, if at all possible.
# 39 Q: Okay.
So 112 would be the first thing that you documented of this series?
# 40 (Witness reviews documents in blue notebook binder.) # 41 A: It appears that 112 was the beginning -- the beginning of the drops.
# 42 Q: That represents a drop found up here on the chart, indicating near -- the closest one to the front gate area?
# 44 Q: Then the next one you did was 113, which was a little further, I guess, west down the walkway, correct?
# 46 Q: Then 114, yet further down. Actually, this was on the way, on the steps, going down into this depressed area, or maybe this is going up, I guess, correct? 114?
# 47 A: It was back further, yes.
# 48 Q: Okay.
And 115 is back by the back gate, correct?
# 49 A: That would be further back, yes.
# 50 Q: Tell me what you did after you did 115.
Check your notes.
# 51 (The witness complies.) # 52 A: It's number photo I.D. 116, indicates the stain that was taken off the front gate.
# 53 Q: So you went from 115, near the back gate, back up to the front gate and did 116, correct?
# 54 A: No.
When the numbers were laid out, if another stain was identified up near the front, the next photo I.D. number could have been taken up and given to that stain.
Once you start processing, you're ready to collect; you've done your measurements; you've done your numbers. The photographer takes his pictures; you do the sketches. Then you start collecting it, the last thing do you.
# 55 Q: When were those cards put down there? Were they put down there in sequence?
# 56 A: Mr. Fung started laying out the numbers on the walkway, as I started working at the front end.
# 57 Q: Okay.
Now, there was a stain out in the driveway area that got the number 117, correct?
# 59 Q: Now, when did 116 on the front gate -- when was this number assigned?
# 60 A: Probably before Mr. Fung laid out 117 at the back.
# 61 Q: All right.
And did you collect these in the same order?
# 62 A: Once we started working on the trail blood drops in the back, they were picked up going back.
# 63 Q: So you didn't process -- you didn't collect them in order of the photo I.D. numbers?
# 64 A: You wouldn't go down to 115, stop what you're doing back there, walk up to the front, collect 116, and then walk all the way to the back to get 117.
# 65 Q: Do you have any recollection at all as to what you did after 115?
# 66 A: After I collected 115, I would collect 117.
# 67 Q: You have a specific recollection that that's what you did?
# 68 A: I would work my way back. That's what I've always done.
# 69 Q: My question was, do you have a specific recollection that after 115, you went to 117?
# 71 A: At this point, I mean, knowing what I do -- but as you say, an independent recollection, I can't say that.
# 72 Q: And your notes, when you do those, your -- your notes, you do those sequentially as you process items, as you're supposed to, correct?
# 74 Q: And in your notes, it shows that after 115, you did 116 on the front gate, correct?
# 75 A: That's when it was measured. Just --
# 76 Q: Now, you did not notice anything of evidentiary value whatsoever on the back gate; isn't that correct?
# 77 A: To the best of my recollection, I do not recall seeing a back gate.
# 78 Q: My question is, you observed nothing of evidentiary value on the back gate, correct?
# 79 MR. LAMBERT: Objection. She just said she didn't see.
# 80 THE COURT: She said she didn't see a back gate. Sustained.
# 81 Q: (BY MR. BLASIER) How many times did you walk along this pathway during the five hours that you were there?
# 82 A: I can't tell you how many times.
# 83 Q: Did you examine any areas that were above the ground for stains, for blood splatter?
# 84 A: Mr. Fung had gone back there and had done the walk-through with the detectives, and he had identified what needed to be picked up. I personally did not.
# 85 Q: So you didn't do any examination of the scene at all to determine what should be picked up?
# 86 A: Along that back area, no.
# 87 Q: And you don't even know if there was a gate there?
# 88 MR. LAMBERT: Argumentative, Your Honor.
# 89 THE COURT: You may answer.
# 90 A: At that time, I did not recall seeing a back gate.
KEY QUOTE # 91 Q: (BY MR. BLASIER) Okay.
Now, incidentally, the proper way -- the correct way, under your procedures to document evidence such as these drops, is to take pictures with this -- these cards, correct?
# 93 Q: And this is before collection, correct?
# 95 Q: And isn't it also one of the requirements that you have a ruler in here so that you can tell what the size of the stain is?
# 96 MR. LAMBERT: Objection. Irrelevant. Evidence-collection techniques in limine ruling.
# 97 THE COURT: Sustained.
You can ask her if she had one or not.
# 98 Q: (BY MR. BLASIER) None of these pictures has a ruler in it to establish the size of any of the Bundy drops; isn't that correct?
# 99 MR. LAMBERT: Same objection.
# 100 THE COURT: Overruled.
# 101 A: That's correct; there was no ruler.
# 102 Q: (BY MR. BLASIER) Tell me how big 112 was.
# 103 A: Other than the relationship of the size of the cards, of the drop, that's the only way to tell.
# 104 Q: You never measured the size of any of these drops, did you?
# 106 Q: You can't tell whether 117 is bigger than 114 or smaller than 112, can you?
# 108 MR. LAMBERT: Objection. Irrelevant.
# 109 THE COURT: Overruled.
# 110 Q: (BY MR. BLASIER) Now, I want to ask you some questions about item number one 1 at the Rockingham scene.
Why don't you pull those notes there, so you can refresh your recollection.
# 111 (Witness reviews documents.) # 112 Q: Tell me what item 11 is from the Rockingham scene.
# 113 A: It is a red stain.
# 114 Q: Let me put 2137 on the Elmo.
# 115 (Defendants' Exhibit 2137 is displayed on the Elmo screen.) # 116 Q: And tell us, is that the redish stain that you just testified about?
# 117 A: From that angle and distance, you can't.
# 118 Q: Can you see the card?
# 119 A: Yes. I can't see the stains from that picture.
# 120 Q: Okay.
But you recognize the area from where take stain was collected?
# 121 A: I recognize the back area, yes.
# 122 Q: And that was on a wire on the back walkway of Mr. Simpson's, correct?
# 124 Q: Describe that stain for me.
# 125 A: It was more of a very light smear than like a blood drop, more of a very light --
# 126 Q: Redish in color?
# 127 A: Reddish-brown, yes.
# 128 MR. BLASIER: Your Honor, next in order, please.
# 130 (The instrument herein referred to as document regarding stains and item numbers was marked for identification as Defendants' Exhibit No. 2253.) # 131 Q: (BY MR. BLASIER) And you did a presumptive blood test on that stain, correct?
# 133 Q: It came back positive, correct?
# 135 MR. BLASIER: 2253 please.
# 136 (Defendants' Exhibit 2253 displayed on the Elmo screen.) # 137 Q: We're talking about item 11, correct?
# 139 Q: And you collected that stain on June the 13th, 1994, correct?
# 141 Q: You did a presumptive test and it came back positive, correct?
# 142 A: Preliminary positive, yes.
# 143 MR. BLASIER: Why don't you put a plus there for positive.
MR. P. BAKER: (Mr. P. Baker complies.)
# 144 Q: (BY MR. BLASIER) Now, your testimony here is that it -- that was a redish stain, correct?
# 145 A: A very light redish-brown, very hard to see.
# 146 Q: Incidentally, when you collected that, you were all by yourself, weren't you?
# 148 Q: Dennis Fung was not there supervising you at all, correct?
# 150 Q: Did you use the same level of care in collecting that stain as you did all the other ones?
# 152 Q: Who told you about there being a stain in that area?
# 153 A: I believe it was Mr. Fung.
# 154 Q: Remember testifying on April 26, 1995, that you couldn't remember whether it was Mr. Fung or a detective?
# 155 A: As I said, I believe it was Mr. Fung.
# 156 MR. BLASIER: Do we have -- 24501, line 10.
# 157 Q: (BY MR. BLASIER) Do you remember being asked the question starting at line 10: "And who was it that brought that to your attention?", meaning item 11.
"Answer: I can't remember if it was Mr. Fung or a detective."
Remember giving that answer?
# 158 A: I -- maybe. I don't quite remember.
# 159 Q: Okay.
Now, Detective Fuhrman was one of the detectives at the scene at Rockingham, was he not?
# 160 A: At that time, on that day, I was not introduced to any of the detectives. I didn't know which one was which.
# 161 Q: Okay.
Now, do you remember testifying at page 24502, right below that --
MR. P. BAKER: What line?
# 162 MR. BLASIER: Line 2.
# 163 MR. PETROCELLI: 20 what?
MR. P. BAKER: 24502.
# 164 MR. LAMBERT: Line what?
# 165 MR. BLASIER: Line 2.
This is testimony from the criminal trial on April 26, 1995.
# 166 Q: (BY MR. BLASIER) Do you remember testifying in April?
# 168 MR. LAMBERT: Objection. This isn't inconsistent with anything.
# 169 MR. PETROCELLI: He has no right just to read it this.
# 170 MR. BLASIER: It is --
# 171 THE COURT: Excuse me.
# 172 MR. BLASIER: It is inconsistent.
# 173 THE COURT: What's the inconsistency?
# 174 MR. BLASIER: They -- she testified she didn't see a redish stain.
# 175 THE COURT: Go ahead. No harm; no foul.
# 176 MR. BLASIER: She testified it was a redish stain.
# 177 THE COURT: Go ahead.
# 178 MR. BLASIER: 24502, please.
# 179 Q: (BY MR. BLASIER) You remember being asked these questions and giving these answers?
# 182 Q: So as of your testimony in April, you didn't see a redish stain, correct?
# 185 Q: (BY MR. BLASIER) You couldn't see a redish area; that's what you testified to?
# 186 A: I had -- I said I had trouble making it out.
# 187 Q: So you saw a redish area?
# 188 A: As I said, there was very slight discoloration.
That's why you do a presumptive test.
# 189 Q: Now, you're aware, are you not, that that stain that you collected was later tested and found -- did not have blood on it, aren't you?
# 190 A: I do not know any of the serology results on that.
# 191 Q: And that didn't look like a drop, did it?
# 193 Q: It didn't look like any of the drops on the driveway, did it?
# 195 Q: Didn't look like any of the drops at Bundy, did it?
# 197 MR. BLASIER: Take that off.
# 198 Q: (BY MR. BLASIER) Now, I want to ask you some questions about the Bundy and the Rockingham drops, in terms of your collection of those items.
As of June 13 of '94, had you received any training whatsoever, with respect to the effect of moisture on the degradation of DNA?
# 199 MR. LAMBERT: Objection. Irrelevant.
# 200 THE COURT: Sustained.
# 201 Q: (BY MR. BLASIER) Now, you collected the Rockingham drops first, before you went to Bundy, correct?
# 203 Q: And the way you do that is, you take the small cotton swatches and you put distilled water on them. Then you swipe as much of the blood as you can get off of the ground, right?
# 204 A: You don't swipe the blood; you let it sort of blot up, and you keep turning the swatch.
# 205 Q: And you do as many swatches as you can.
You get as much of the blood off as possible, correct?
# 206 A: As much of the concentrated blood, yes.
# 207 Q: And sometimes you can get four swatches, sometimes five, sometimes maybe only a couple, correct?
# 208 A: It depends on the drop itself.
# 209 Q: Now, each of those swatches that you did for the Rockingham drops, as well as the Bundy drops later that morning, were put into -- while they were wet, into plastic bags, correct?
# 211 Q: And the plastic bags that had the red swatches, where were they put after you put them in the plastic bags?
# 212 A: The individual bags were placed in small -- we call them coin envelopes, small manila envelopes that have the photo I.D. number of each item on it.
# 213 Q: And where were they taken from there?
# 214 A: They were put in a paper bag to keep everything together, and put in the trunk.
# 215 Q: They were put in the back of the crime-scene truck?
# 217 Q: I think it's a black truck. I think we may have seen that truck.
# 218 A: Actually, it's navy blue, yes.
# 221 Q: They're dark.
There's a refrigerator in the back of the truck?
# 222 A: There's a small refrigerator, yes.
# 223 Q: They're for preserving biological samples that are collected. That's one of the purposes, correct?
# 224 A: Well, it's also to hold chemicals that are used out in the field.
# 225 Q: One of the reasons it's there is to preserve biological stains, correct?
# 226 A: I was never told that. I -- I don't know.
# 227 Q: The swatches from Rockingham and Bundy in the plastic bags, were put in the back of the crime-scene truck, but not in the refrigerator, correct?
# 229 Q: And what temperature was it, let's say, at about noon on the 13th, approximately?
# 230 A: I have no way of knowing.
I don't know.
# 231 Q: There was -- you had concern, did you not, about how hot the crime-scene truck was getting that day, with those swatches in the back of it, didn't you?
# 232 A: I, at that time, never really thought about it.
# 233 Q: Did Dennis -- did you or Dennis Fung, at any time, go back to check to see how hot they were getting in the back of the crime-scene truck?
# 235 Q: How long were those stains from Rockingham kept in the back of that crime-scene truck, unrefrigerated, until you took them out?
# 236 A: Until we got back to the lab that evening.
# 237 Q: And that would be about what time?
# 238 A: Oh, let's see.
I think maybe after 6:00.
# 239 Q: And -- I'm sorry; were you done?
# 240 (Nods affirmatively.) # 241 Q: And the Rockingham drops were collected at approximately what time?
# 242 A: Oh, probably 9:00 or so.
# 243 Q: So they were kept in the back of the truck about ten hours before they were taken out, correct?
# 245 Q: And the Bundy drops were collected at approximately what time, what regular time?
# 246 A: Oh, probably 12:00, probably started collecting them maybe 45 minutes to an hour after the -- after we arrived at Bundy.
# 247 Q: So that would be before 11:00?
# 249 Q: And so those items, those swatches in the plastic bags, were kept in the back of the truck for approximately six hours before they were taken out, correct?
# 250 A: Well, the ones at Bundy were not placed in the truck until we got ready to move everything back out.
# 251 Q: Okay.
What was done with them prior to the time they were put in the truck?
# 252 A: They were kept up front in the bags, where we were working outside.
# 254 A: I -- I don't know if they were in the sun or the shade.
# 255 Q: And then they were put in the truck, and kept there until about 6:00 or after, when you got back to the lab?
# 257 Q: Now, I want to ask you questions about the Bronco.
On June 14, you and Dennis Fung processed the Bronco for blood stains, correct?
# 259 Q: And where did that occur, and about what time?
# 260 A: That occurred at the LAPD print shed, which is near Parker Center, and if I can check my notes, I believe --
# 262 A: -- we arrived at the print shed a little after 7:00 that morning.
# 263 Q: And is it accurate that --
And how long were you there, approximately?
# 264 A: Oh, a little over three hours.
# 265 Q: You had plenty of time to examine the Bronco and collect all the stains, correct?
# 266 A: Well, first of all, you do not collect every stain that you see; you take a representative sample. And we collected what we saw.
# 267 Q: So you didn't collect every stain that you saw?
# 268 A: If you have several stains right together, you're not going to pick up every single stain; you're going to take a representative sample of that group.
# 269 Q: My question was, so you did not collect every stain that you saw on the 14th?
# 270 A: We did not collect every stain.
# 271 Q: Did you collect as much of a stain -- of the stains that you saw as possible?
# 273 Q: Let me -- do you recall testifying at page 24208, line 7 --
# 274 MR. PETROCELLI: Hold on. That's the wrong citation. It has nothing to do with this point.
MR. P. BAKER: Check 24207.
# 275 MR. BLASIER: Yeah, 24207. I'm sorry. Starting at line 7. You guys have that?
Can we show that, please.
# 276 (Page 24207 of the criminal trial transcript displayed on the Elmo screen.) # 277 Q: (BY MR. BLASIER) Do you remember testifying on April 25, 1995 in the criminal trial, the following questions and answers:
(Reading:) "Q. Now, on June 14, it was
yours and Dennis Fung's job to collect
every single blood stain on the outside
and inside of the Bronco that was
visible to you; isn't that right? "A. Yes, I believe so. "Q. And each time that you
set out to collect blood stains in this
case, for each stain that you collected,
Ms. Mazzola, weren't you instructed to
collect as much of the stain as you
possibly could collect? "A. Yes."
And going down a little bit: "Q. In fact, you were
supposed to collect the entire visible
stain; isn't that right? "A. I believe so, yes. "Q. And it would be, and you
were taught, ma'am, to keep swatching
that blood stain until the blood was
completely collected; isn't that
correct? "A. To get as much as
possible, yes." Do you remember that testimony?
# 279 Q: Did you make any notation, on any document whatsoever that you had left blood in the Bronco?
# 281 Q: Incidentally, did you observe any blood stains on the bottom seal area, on the outside of the Bronco door?
# 282 MR. LAMBERT: Objection. Irrelevant, "which was observed."
# 283 THE COURT: Excuse me?
# 284 MR. LAMBERT: It's irrelevant; it's observed and not collected.
# 285 THE COURT: Overruled.
# 286 A: I do not remember seeing a stain or not.
# 287 Q: (BY MR. BLASIER) Well, let's look at 24211, line 1.
MR. P. BAKER: 24211?
# 289 MR. LAMBERT: Object, Your Honor. It's not inconsistent with what she just said.
# 290 MR. BLASIER: She testified now that she didn't remember one way or the other.
# 291 THE COURT: That's what she says in that transcript.
# 293 THE COURT: It is sustained.
# 294 Q: (BY MR. BLASIER) No stains were pointed out to you on the seal outside of the Bronco, correct?
# 295 A: I can't remember.
# 296 Q: Now, the only blood that you observed on the outside of the Bronco was a speck by the door handle, that was pointed out by Detective Fuhrman; isn't that correct?
# 297 A: As I said, I don't remember which detective pointed it out, but at that point, I did not know their names.
# 298 Q: But a detective --
# 300 Q: -- pointed it out. That's all you observed on the outside of the Bronco, all the blood?
# 301 A: I believe so. I'm not positive. I believe so.
# 302 Q: Okay.
Now, I want to ask you some questions about Mr. Simpson's reference blood vial.
You know what a reference blood sample is, do you not?
# 304 Q: That's blood from the suspect that is then compared to any biological stains that you might collect, correct?
# 306 Q: That's an extremely important piece of evidence, is it not?
# 308 Q: Now, as of 5 o'clock on the 13th, you were still at Rockingham, correct?
# 309 A: I believe so, yes.
# 310 Q: And that was during the execution of the search warrant that day, correct?
# 312 Q: And -- and you can refer to your notes, if you like. Do you have your notes of what you collected on the afternoon?
# 314 Q: You collected -- as of 5 o'clock, you had collected 16 items at Rockingham that afternoon, correct?
# 316 Q: Now, after 5 o'clock --
By the way, what time did you leave Rockingham after 5:00
# 317 A: Let's see. It doesn't have the time that we left.
It wasn't too much later.
# 318 Q: Now, I'm not sure. Did you answer my question, you collected 16 items up to that point?
# 320 Q: And the last item, item 16, was just what, in general?
# 321 A: Two airline luggage tickets.
# 322 Q: Now, you were with Dennis Fung from 5 o'clock until the two of you left in the crime-scene truck to go back to the lab; isn't that correct?
# 323 A: We were inside Mr. Simpson's house.
# 324 Q: And you were with Dennis Fung during that time period, were you not?
# 325 A: Not by his side the whole time, no.
# 327 A: Not by his side the whole time, no.
# 328 Q: Do you remember testifying on August 23 of 1994, at page 762, line 24 --
# 329 MR. BLASIER: You got that?
MR. P. BAKER: Yeah.
# 330 (Transcript is displayed on the Elmo screen.) # 331 Q: Do you remember being asked this question and giving this answer: "Q. Were you with Mr. Fung
the entire time after you picked up that
last item at 1700 hours until you
departed for your next designation? "A. I believe I was, yes."
Isn't that what you testified to in August of '94?
# 333 Q: Now, at some time after this testimony in August, and prior to your testimony in the criminal trial, you became aware that there was an issue with respect to Mr. Simpson's reference blood being given to Dennis Fung around that time, correct?
# 334 A: I do not recall, no.
# 335 Q: At the time of your testimony at the criminal trial in this case, were you aware that there was an issue with respect to Mr. Simpson's reference blood and whether it was turned over?
# 336 MR. LAMBERT: Objection. Calls for hearsay; argumentative.
# 337 THE COURT: Overruled.
# 338 A: I believe hearing something about that.
# 339 Q: (BY MR. BLASIER) And is it accurate that at the time you testified at the criminal trial in April of '95, your testimony was that that you were not with Mr. Fung; that you had your eyes closed when that happened when the blood vial was transferred from Vannatter to Fung?
# 340 A: I was sitting in the living room with the photographer, with the detectives, and Mr. Fung. When I left them, they were in the kitchen.
# 341 Q: Do you remember testifying at page 23970, line 5, when you were sitting on the couch at the Rockingham location before you left -- I guess this would have been after 5:11. You answer uh-huh. "Q. Were your eyes opened or
closed? "A. I believe they were
closed. "Q. At what point did you
close your eyes? "A. Probably the second I sat
down. "Q. Did you fall asleep? "A. No, I wasn't asleep."
Do you remember giving that testimony?
# 343 Q: You have a specific recollection of having your eyes closed in Mr. Simpson's house, and not seeing Detective Vannatter hand him -- hand him Mr. Simpson's reference blood.
# 344 MR. LAMBERT: Objection irrelevant.
# 345 THE COURT: Overruled.
# 346 A: I do not remember seeing Detective Vannatter give a gray envelope containing the reference vial to Mr. Fung.
KEY QUOTE # 347 Q: Now, when you left --
# 348 MR. BLASIER: Do we have the video?
# 349 Q: Now, you said that you were back with a photographer in the living room on the couch?
# 350 A: I might have been in a chair. I don't remember where I was sitting.
# 351 Q: Okay.
And the photographer you mean is Mr. Rokahr?
# 352 A: I believe so, yes.
# 354 MR. BLASIER: Can we play the video.
MR. P. BAKER: This is Exhibit 939.
# 355 MR. BLASIER: 939.
Can you please watch this video.
# 356 (The instrument herein referred to as a videotape was marked for identification as Defendants' Exhibit No. 939.) # 357 (Defendants' Exhibit 939 was played in open court.) # 358 Q: (BY MR. BLASIER) That is you and Dennis Fung leaving Rockingham, correct?
# 360 Q: And in your right hand, you are carrying a trash bag, correct?
# 362 (Tape concludes playing.) # 363 Q: Did you have any knowledge, at that time, about the content of that trash bag?
# 364 A: It contained the two airline tickets that I believe were in there, and that was it. I didn't know if anything else was in there.
# 365 Q: No one told that you Mr. Simpson's reference blood was in that trash bag, correct?
# 367 Q: And you carried it from there to the crime lab?
# 368 A: It was unloaded at the crime lab, yes.
# 369 Q: What happened to the trash bag after you got to the crime lab?
# 370 A: It was placed in the evidence processing room with the rest of the evidence.
# 371 Q: Where in the evidence processing room?
# 372 A: On one of the examination tables.
# 373 Q: Was the bag still essentially closed?
# 375 Q: Was there anything taken out of the bag that evening?
# 376 A: I don't believe so.
# 377 Q: So, to your knowledge, whatever was in that bag stayed there that entire evening while you and Dennis Fung were working on the evidence samples, correct?
# 379 Q: Did you record anything whatsoever on your crime-scene notes on the 13th, indicating that Mr. Simpson's reference blood had been collected that afternoon?
# 380 A: Not -- I don't believe I did on the 13th.
# 381 Q: Now, is it accurate that -- that one of the things that you and Dennis Fung did when you got back to the crime lab, was to process the various swatches that you had collected here to dry it?
# 383 Q: And where did you do that?
# 384 A: In the evidence processing room.
# 385 Q: The same room where the plastic bag was?
# 387 Q: And the process that you go through -- why don't you describe the steps that you go through to convert a swatch or to dry it.
# 388 A: Well, -- several criminalists have their own particular technique. Mr. Fung uses individual glass test tubes, small test tubes, which are labeled with the item number and the -- for the control, is given its item number and the letter C, the control swatches.
One item at a time is opened. The individual swatches are put into the test tubes with their item number on them. They are placed in racks. They are put in a cabinet to dry overnight.
# 389 Q: Is it accurate to say in the test tubes -- there's no top on the test tube, correct?
# 391 Q: Is it accurate to say that all of the stains that you had collected, both from Rockingham and Bundy, were put into glass vials in that drying cabinet together, and left there overnight?
# 392 A: They were placed in separate areas of the cabinet because -- but they were placed in the same cabinet.
# 393 Q: Now, that night --
By the way, did you process some of those, as well?
# 394 A: I believe I started helping, but I ended up labeling the test tubes.
# 395 Q: Okay.
Neither you nor Mr. Fung counted the number of swatches for each stain that night, did you?
# 396 MR. LAMBERT: Objection. Irrelevant.
# 397 THE COURT: Overruled.
# 399 Q: (BY MR. BLASIER) You did not sketch the swatches showing their size, so that you could later look at them to determine whether the swatches were the same as you had put in the drying tubes, correct?
# 400 MR. LAMBERT: Objection. Argumentative and -- argumentative.
# 401 THE COURT: Overruled.
# 402 A: No, we did not measure each swatch.
# 403 Q: (BY MR. BLASIER) And you didn't take any photographs of any of the swatches, did you?
# 405 Q: It's accurate, is it not, there's no way to tell one swatch from the other, just by looking at the swatch?
KEY QUOTE # 406 A: That is accurate, yes.
# 407 Q: So when you left the crime lab --
What time did you leave that night, the night of the 13th?
# 408 A: Oh it's probably close to 8 o'clock.
# 409 Q: Okay.
All of the swatches were in open test tubes in the cabinet, in the same room as the trash bag, presumably with Mr. Simpson's reference blood, correct?
# 411 Q: Now, the next --
By the way, what's the reason why you dry them?
# 412 A: They're dried for final packaging. And after the packaging, they are processed.
# 413 Q: They're dried -- isn't one of the reasons they're dried is, that preserves them?
# 414 A: That, along with the freezing, yes.
# 415 Q: All right. And preserves whatever DNA might be in there, correct?
# 416 A: DNA and just the stain itself.
# 417 Q: Now, the next morning, you and Dennis Fung came into the lab, correct?
# 419 Q: And at some point that morning, you became aware of Mr. Simpson's reference blood being there at the lab, correct?
# 421 Q: By about what time was that?
# 422 A: I wouldn't know.
# 423 Q: And it was then that you created the first record showing -- from your crime-scene checklist showing Mr. Simpson's reference blood, correct?
# 425 Q: And in your crime-scene checklist, you attempt to enter items sequentially in the order in which they're collected, correct?
# 427 Q: And you indicated on the back of your checklist that item 17 was a pair of tennis shoes, correct?
# 429 MR. BLASIER: And let me put this on the Elmo.
# 430 (Defendant's Exhibit No. 943 displayed on the Elmo screen.) # 431 Q: (BY MR. BLASIER) And item 17, the tennis shoes, those were a pair of shoes that Detective Lange brought in the morning of the 14th, correct?
# 433 Q: They hadn't been turned in to you?
They weren't turned in to you by Detective Lange the night before, when you were all at Rockingham, were they?
# 434 A: No, they were not.
# 435 Q: And you agree that by the time you left, from that period of 5 o'clock, until you guys left, Detectives Lange and Vannatter were both there, weren't they?
# 436 A: There were detectives there. I -- I don't know who was there or not.
# 437 MR. BLASIER: Okay. Can you back up a little.
# 438 (Mr. P. Baker complies.) # 439 Q: (BY MR. BLASIER) And then you entered in your notes item 18 as the reference vial, coming after 17, the tennis shoes that weren't turned in until the 14th, correct?
# 440 A: Correct.
THE COURT REPORTER: Does that have a number? Did you mention it?
# 441 MR. BLASIER: That's part of --
MR. P. BAKER: 943.
# 443 Q: (BY MR. BLASIER) Now, the next morning, you had further processing to do of the various swatches that had come from Rockingham and Bundy, correct?
# 445 Q: The idea of leaving them in there overnight was so they could completely dry out, so they could be packaged for testing or whatever, whatever was supposed to be done with them afterwards, correct?
# 447 Q: Incidentally, did -- can you look at the screen again.
# 448 MR. BLASIER: Do you have the video?
MR. P. BAKER: 228.
# 450 Q: (BY MR. BLASIER) Can you take a look at this, at that video, tell us if that's Detective Vannatter walking into Rockingham at about 5:18.
# 451 (Plaintiff's Exhibit No. 228 displayed on the Elmo screen starting at 17:17:59, ending at 17:19:23.) # 452 Q: Do you see the people in the background there?
# 454 Q: Do you see Mr. Rokahr there?
# 455 A: I -- if I could see his face. I've only seen this today -- first today, I mean.
# 456 MR. BLASIER: Can we see it better?
# 457 (Videotape, Plaintiff's Exhibit 228, was rewound, began playing at 17:17:09, and stopped at 17:18:55.) # 458 Q: Do you recognize the bald-headed gentleman there?
# 459 A: Actually, there were two there that day.
# 460 Q: Mr. Rokahr had a camera with him with a strap over his shoulder?
# 461 A: And he usually wore his hat.
# 463 (Videotape, Defendants' Exhibit 943, was rewound, began playing at 17:18:58, and stopped at 17:19:02.) # 464 Q: (BY MR. BLASIER) There you see the strap over his shoulder?
# 465 A: It's a strap, yes, sir.
# 466 Q: Mr. Rokahr, if that's Mr. Rokahr, at the time of video, wasn't with you when your eyes closed in the living room, correct?
# 468 Q: Now, getting back to the morning of the 14th, you and Dennis Fung retrieved all of the open vials that had the swatches in them from the drying cabinet, correct?
# 470 Q: Incidentally, that cabinet isn't locked, is it?
# 472 Q: It's just a cabinet on the wall, isn't it?
# 474 Q: And describe the procedure by which you removed the swatches from the tubes?
# 475 A: Mr. Fung employed just a tapping on the test tube and the swatches would come out. I used individual disposable glass pipettes to take -- loosen and remove the swatches.
# 476 Q: And that was because some of them had dried against the glass of the tube, correct?
# 478 Q: There was blood on the tube as well as on the swatches?
# 479 A: Where they had stuck together, yes.
# 480 Q: So when you amudate (sic) the swatches from the vials, you scraped it with a pipe -- disposable pipette?
# 481 A: Not scrape. Just -- you had to touch them and they would.
# 482 Q: To get them off of the side of the vial?
# 484 Q: That morning, you still did not count any of the swatches, did you?
# 486 Q: You did not sketch any of the swatches, did you?
# 488 Q: You did not photograph any of the swatches, did you?
# 490 Q: Now, after you -- they were taken out of tubes and you certified they were dried, they are put in what are called bindles, correct?
# 492 Q: And a bindle is like a piece of scratch pad that is folded over, to contain the swatches from a particular stain, correct?
# 494 Q: And the bindles that you prepared that morning from the Bundy drops and the Rockingham drops had your initials on them, according to -- as required by your procedure, correct?
# 495 A: I do not believe there is any procedure about what is put on the bindles.
# 496 Q: The bindles that morning, you put your initials on them, didn't you?
# 497 A: I believed that I had, yes.
# 498 Q: And you testified that you had in August of '94 at the hearing that was held before the trial, correct?
# 499 A: I believed that I had my initials on them, yes.
# 500 Q: And you found out at some time after that hearing, but before the criminal trial, that the bindles that were later examined didn't have your initials on it, didn't you?
# 502 Q: And you then changed your testimony at the criminal trial and said, maybe you didn't put your initials on it, correct?
# 503 A: At the point of the first hearing, I could not remember if I had put my initials on them or what. I believed that I had at that time.
KEY QUOTE # 504 Q: And that was your best recollection at the time you testified in August, correct?
# 506 Q: Which was less -- we're about months after you had actually done this, correct?
# 508 THE COURT: Okay. Let's take a ten-minute recess, ladies and gentlemen.
I want the jury brought back in ten.
Thank you.