Cross-examination of Andrea Mazzola (part 1)

📄 Cross-examination of Andrea Mazzola (part 1) — Thursday, April 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\20\CROSS-EXAMINATION-OF-ANDREA-MA.DOC

TRIAL

▲ Day 60 of 167

◀ Opening remarks Sidebar: cross examination hearsay ▶

Witness: Andrea Mazzola
Examiner: Peter Neufeld
Called by: Prosecution • Date: Thursday, April 20, 1995 • Utterances: 190

Peter Neufeld opens his cross-examination of criminalist Andrea Mazzola by establishing that LAPD's SID laboratory had televisions and radios broadcasting the trial, and probing whether Mazzola was exposed to Dennis Fung's testimony before her own August 23, 1994 hearing. He then maps out her post-testimony contacts with lab director Michelle Kestler, Greg Matheson, Collin Yamauchi, and Dennis Fung — the latter revealing a significant meeting where Fung and Mazzola compared conflicting recollections of the evidence collection. The examination ends at a sidebar after Neufeld attempts to elicit what Fung told Mazzola he disagreed with, which the court sustained as hearsay.

# 1 THE COURT:

Miss Andrea Mazzola is again on the witness stand now on cross-examination by Mr. Neufeld. Good afternoon again, Miss Mazzola.

# 2 MS. MAZZOLA:

Good afternoon.

# 3 THE COURT:

You are reminded you are still under oath. Mr. Neufeld.

# 4 MR. NEUFELD:

Your Honor, with the Court's permission, it's been a month since Mr. Shapiro introduced me here in the courtroom.

# 5 THE COURT:

Certainly.

# 6 MR. NEUFELD:

Ladies and gentlemen, good afternoon. My name is Peter Neufeld and it is my pleasure to be one of the lawyers assisting in the representation of Mr. Simpson.

CROSS-EXAMINATION BY MR. NEUFELD

# 7 MR. NEUFELD:

Miss Mazzola, did you watch any of Dennis Fung's testimony at this trial or hear any of it on the radio?

# 8 MS. MAZZOLA:

Just bits and pieces.

# 9 MR. NEUFELD:

And was that at work or at home?

# 10 MS. MAZZOLA:

At work. I don't watch it at home.

# 11 MR. NEUFELD:

Do you listen to any of it at home?

# 12 MS. MAZZOLA:

No.

# 13 MR. NEUFELD:

So it's on the television at work though?

# 14 MS. MAZZOLA:

Yes.

# 15 MR. NEUFELD:

And it's on People's radios at work?

# 16 MS. MAZZOLA:

Yes.

# 17 MR. NEUFELD:

And that's at the SID laboratories here?

# 18 MS. MAZZOLA:

That's correct.

# 19 MR. NEUFELD:

And other than Dennis Fung's testimony, did you watch or listen to portions of any of the other witnesses' testimony during this trial?

# 20 MS. MAZZOLA:

Maybe just bits and pieces. I don't make it a practice to listen.

# 21 MR. NEUFELD:

Well, Dennis Fung had mentioned that the radio and--that the radio was on in different places in the laboratory. Is there a radio in toxicology?

# 22 MR. GOLDBERG:

That's an improper question.

# 23 THE COURT:

The question about is there a radio in toxicology is an appropriate question. You can answer that.

# 24 MS. MAZZOLA:

Yes, there is.

# 25 MR. NEUFELD:

And are people in toxicology listening to the trial?

# 26 MS. MAZZOLA:

Our radio in Tox does not get very good reception. We're lucky if we hear anything at all.

# 27 MR. NEUFELD:

I understand that. But given the limited reception that you do have, ma'am, are people have--do people in toxicology have it turned to the trial?

# 28 MS. MAZZOLA:

They try, yes.

# 29 MR. NEUFELD:

Okay. And not only in toxicology, but are there other radios in serology for instance?

# 30 MS. MAZZOLA:

I don't know what goes on in serology.

# 31 MR. NEUFELD:

How about in the evidence processing unit? Is there a radio there?

# 32 MS. MAZZOLA:

I believe there is.

# 33 MR. NEUFELD:

And you said there's also televisions at work?

# 34 MS. MAZZOLA:

One.

# 35 MR. NEUFELD:

And is that in the cafeteria?

# 36 MS. MAZZOLA:

In the lunch room, yes.

KEY QUOTE

# 37 MR. NEUFELD:

And at--in--the televisions in the lunch room, does that also broadcast the trial?

# 38 MS. MAZZOLA:

Yes.

# 39 MR. NEUFELD:

And so employees at SID can come in and watch the trial when they have free time?

# 40 MS. MAZZOLA:

They can.

# 41 MR. NEUFELD:

And you've seen bits and pieces of the trial on that television?

# 42 MS. MAZZOLA:

When I'm in and out of there, yes.

KEY QUOTE

# 43 MR. NEUFELD:

Okay. Well, do you ever have your lunch there?

# 44 MS. MAZZOLA:

I tend to take my lunch when the Court was recessed for lunch.

# 45 MR. NEUFELD:

I'm sorry. What?

# 46 MS. MAZZOLA:

I took my lunch when the Court was taking theirs. I don't like to watch the trial.

KEY QUOTE

# 47 MR. NEUFELD:

No, no, no. I don't mean--you mean you take your lunch every day at SID at the same time the Court recesses?

# 48 MS. MAZZOLA:

After the Court is out of session is when I go and eat my lunch or we go out to lunch.

# 49 MR. NEUFELD:

Okay. But there been sometimes when you have seen bits and pieces on the television--

# 50 MS. MAZZOLA:

Right.

# 51 MR. NEUFELD:

--of the trial testimony?

# 52 MS. MAZZOLA:

Yes.

# 53 MR. NEUFELD:

Okay. Now, going back to August, Mr. Goldberg had referred to your testifying at a hearing I believe it's on August 23rd; is that correct?

# 54 MS. MAZZOLA:

I'm not sure of the exact date.

# 55 MR. NEUFELD:

All right. Well, the day before you testified, Dennis Fung testified, didn't he?

# 56 MS. MAZZOLA:

I guess.

# 57 MR. NEUFELD:

Well, ma'am--

# 58 MR. GOLDBERG:

Wait a minute. I make a motion to strike the witness' answer.

# 59 THE COURT:

Overruled. It will stand.

# 60 MR. NEUFELD:

By Neufeld: Well, ma'am, just calling your attention again to the hearings that took place during that third week in August of 1994, did you hear on the radio or watch some of those hearings on television?

# 61 MS. MAZZOLA:

I don't remember if I did or not.

# 62 MR. NEUFELD:

Well, Miss Mazzola, this was a case I think you referred to on direct examination when you were called to come over here in early August or in late August as "The case"; is that correct?

# 63 MS. MAZZOLA:

It was referred to me as "The case." I don't refer to it as that.

# 64 MR. NEUFELD:

Fine. But it was a--it was a very high-profile case at the Scientific Investigation Division of the L.A. Police Department; was it not?

# 65 MS. MAZZOLA:

Yes, it was.

# 66 MR. NEUFELD:

And everyone talked about it quite frequently; did they not?

# 67 MS. MAZZOLA:

They did--really did not talk about it frequently because we were told not to talk amongst ourselves.

# 68 MR. NEUFELD:

Well, ma'am, let me ask you this. You were one of the only two criminalists who collected the evidence at the two crime scenes at Rockingham and Bundy on those days, right?

# 69 MS. MAZZOLA:

Right.

# 70 MR. NEUFELD:

And you were certainly interested in--in the way the--that collection was being depicted or portrayed on television, weren't you?

# 71 MS. MAZZOLA:

Mildly interested.

# 72 MR. NEUFELD:

I'm sorry?

# 73 MS. MAZZOLA:

A little interested, yes.

KEY QUOTE

# 74 MR. NEUFELD:

Okay. And during that time--

# 75 MR. NEUFELD:

Would you stipulate that Dennis Fung testified on August 22nd?

# 76 MR. GOLDBERG:

Let me check it for sure. I would. Let me just double-check.

# 77 MR. NEUFELD:

All right. Well, ma'am, assuming, if you would, Dennis Fung testified on August 22nd, the day before you did, as best you can recall, were you mildly interested in what Dennis Fung had to say about yours and his collection of evidence before a national television audience?

# 78 MS. MAZZOLA:

I don't recall if I was listening to it or not. I honestly don't recall.

# 79 MR. NEUFELD:

Well, were you listening--were you listening on August 22nd--I am sorry. Withdrawn. You said earlier that you--the first time you heard that you were needed in court was the morning of August 23rd or the morning that you testified; is that right?

# 80 MS. MAZZOLA:

That's right.

# 81 MR. NEUFELD:

Were you listening on the television and radio when it was said in open court on the afternoon of the 22nd that your attendance would probably be necessary the next day?

# 82 MS. MAZZOLA:

No.

# 83 MR. GOLDBERG:

Assumes facts not in evidence.

# 84 THE COURT:

Overruled. Answer will stand.

# 85 MS. MAZZOLA:

No.

# 86 MR. NEUFELD:

Well, did anyone call you the afternoon of August 22nd or the evening of August 22nd and say that Defense counsel has requested your presence and you may have to be on the witness stand the following day?

# 87 MS. MAZZOLA:

No.

# 88 THE COURT:

All right. That does assumes facts that are not in evidence. We don't know what date it was. Sometime in August.

# 89 MR. NEUFELD:

As an offer for the Court, your Honor, I'm representing when Mr. Fung's testimony was--

# 90 THE COURT:

Counsel, I know that.

# 91 MR. NEUFELD:

--and when hers was.

# 92 THE COURT:

You can ask the question, same answer, "The day before you were called to testify."

# 93 MR. NEUFELD:

Okay. Now, in preparation for your testimony today, have you reviewed any notes?

# 94 MS. MAZZOLA:

Yes.

# 95 MR. NEUFELD:

And what notes would those be, ma'am?

# 96 MS. MAZZOLA:

Crime scene notes, I was able to watch some videos, look at some still photography.

# 97 MR. NEUFELD:

Did you review any transcripts?

# 98 MS. MAZZOLA:

Yes.

# 99 MR. NEUFELD:

And which transcripts did you review?

# 100 MS. MAZZOLA:

I believe it's called a Griffen hearing.

# 101 MR. NEUFELD:

Whose testimony?

# 102 MS. MAZZOLA:

Mine.

# 103 MR. NEUFELD:

Did you review the testimony of any other witnesses from that hearing?

# 104 MS. MAZZOLA:

No.

# 105 MR. NEUFELD:

Did you review the testimony of any other witnesses during the course of any other proceedings of this trial or this case?

# 106 MS. MAZZOLA:

No.

# 107 MR. NEUFELD:

And you mentioned that you've also viewed some videotapes?

# 108 MS. MAZZOLA:

Correct.

# 109 MR. NEUFELD:

Approximately how many videotapes have you reviewed?

# 110 MS. MAZZOLA:

I lost count. I don't know.

# 111 MR. NEUFELD:

Perhaps dozens?

# 112 MS. MAZZOLA:

I don't think it was dozens, no, not that--

# 113 MR. NEUFELD:

Perhaps a dozen?

# 114 MS. MAZZOLA:

Maybe a dozen or less.

# 115 MR. NEUFELD:

Okay. And are all those videotapes shown to you by the District Attorney in this case?

# 116 MS. MAZZOLA:

Yes.

# 117 MR. NEUFELD:

Were any of them shown to you by police officers?

# 118 MS. MAZZOLA:

No.

# 119 MR. NEUFELD:

Now, the only time other than at trial where you testified in this case was during that hearing in late August, August 23rd of 1994; is that correct?

# 120 MS. MAZZOLA:

Yes.

# 121 MR. NEUFELD:

Now, before you testified in that proceeding, had you met with any District Attorneys concerning your involvement in this case?

# 122 MS. MAZZOLA:

No.

# 123 MR. NEUFELD:

And prior to August 23rd when you testified, had you discussed your involvement in this case with any superiors at LAPD?

# 124 MS. MAZZOLA:

I do not believe so, no.

# 125 MR. NEUFELD:

And prior to your testifying and taking the witness stand here on August 23rd, 1994, did you speak to any Defense Attorney?

# 126 MS. MAZZOLA:

No.

# 127 MR. NEUFELD:

Did any Defense Attorney suggest to you any answers before you were on the witness stand?

# 128 MS. MAZZOLA:

No.

# 129 MR. NEUFELD:

Did any Prosecutor suggest any answers to you before you were on the witness stand on August 23rd?

# 130 MS. MAZZOLA:

No.

# 131 MR. NEUFELD:

Now, since August 23rd, Miss Mazzola, have you had a number of discussions with employees of the Los Angeles Police Department, including the people at SID?

# 132 MS. MAZZOLA:

I've talked to people at work, yes.

KEY QUOTE

# 133 MR. NEUFELD:

Well, have you had discussions with them about your involvement in this case?

# 134 MS. MAZZOLA:

Yes.

# 135 MR. NEUFELD:

And let's see. Have you talked to Michelle Kestler?

# 136 MS. MAZZOLA:

Yes.

# 137 MR. NEUFELD:

And who was Michelle Kestler?

# 138 MS. MAZZOLA:

She is now the laboratory director.

# 139 MR. NEUFELD:

And on how many different occasions have you talked to the laboratory director Michelle Kestler about your involvement in this case since August 23rd?

# 140 MS. MAZZOLA:

A few.

# 141 MR. NEUFELD:

And would those different sessions be in her office?

# 142 MS. MAZZOLA:

Not necessarily. Out in the hall, passing by, informal.

# 143 MR. NEUFELD:

Were they all informal?

# 144 MS. MAZZOLA:

No. Maybe one or two were in her office, which that's about it.

# 145 MR. NEUFELD:

Those would be more formal?

# 146 MS. MAZZOLA:

If you want to call it formal.

# 147 MR. NEUFELD:

And during the one and two--well, just--unless you do.

# 148 MS. MAZZOLA:

Well, I--

# 149 MR. NEUFELD:

Okay.

# 150 MS. MAZZOLA:

--I'm not very formal there, so--

# 151 MR. NEUFELD:

All right. During the one or two sessions that you had with your boss Miss Kestler in her office, were any other people present?

# 152 MS. MAZZOLA:

Yes.

# 153 MR. NEUFELD:

And who were those people who were present? Well, I'm sorry. Let's start with the first time that you met with Miss Kestler since August 23rd and discussed your involvement in this case.

# 154 MS. MAZZOLA:

Well, I don't know who was present the first time.

# 155 MR. NEUFELD:

Were there other people present though?

# 156 MS. MAZZOLA:

I can't remember. I honestly can't remember.

# 157 MR. NEUFELD:

Do you know approximately what month it was?

# 158 MS. MAZZOLA:

No.

# 159 MR. NEUFELD:

Was it in the fall?

# 160 MS. MAZZOLA:

I don't know.

# 161 MR. NEUFELD:

Well, how about the second time you met with Miss Kestler to discuss your involvement in this case since August 23rd? Who else was with her then?

# 162 MS. MAZZOLA:

I believe Greg Matheson and Collin Yamauchi.

# 163 MR. NEUFELD:

And do you remember what month that was in?

# 164 MS. MAZZOLA:

That was just this month. It was very recent.

# 165 MR. NEUFELD:

And you said there may have been a third time. Was there a third time that you met with Miss Kestler?

# 166 MS. MAZZOLA:

I don't know.

# 167 MR. NEUFELD:

So to your best recollection, it was just two occasions?

# 168 MS. MAZZOLA:

Two that I can recollect, yes.

KEY QUOTE

# 169 MR. NEUFELD:

In her office. And the other instances where you discussed this case with her were all more casually in the hallway. Is that your testimony?

# 170 MS. MAZZOLA:

It was more or less passing, how I'm doing, "Are you ready," that sort of thing.

# 171 MR. NEUFELD:

Now, aside from Miss Kestler and Mr. Matheson on that one occasion in Miss Kestler's office, have you also discussed your involvement in this case with Mr. Matheson?

# 172 MS. MAZZOLA:

Separately? Not really, no.

# 173 MR. NEUFELD:

Have you discussed your involvement in this case since August 23rd with Dennis Fung?

# 174 MS. MAZZOLA:

We've talked, yes.

# 175 MR. NEUFELD:

Well, in fact, after you testified on August 23rd, you and Dennis Fung had a long discussion about who did what with respect to collection in this case, didn't you?

# 176 MR. GOLDBERG:

Vague as to long.

# 177 THE COURT:

Overruled.

# 178 MS. MAZZOLA:

Yes.

# 179 MR. NEUFELD:

And in fact, during that discussion, it was your testimony of August 23rd which precipitated that meeting between you and Mr. Fung; isn't that correct?

# 180 MS. MAZZOLA:

I don't know if it was the testimony that's--

# 181 MR. NEUFELD:

Well, Miss Mazzola, isn't it true that when you had the meeting with Dennis Fung after you testified on August 23rd, he told you that he disagreed with your recollection of what you testified to on August 23rd? Isn't that correct?

KEY QUOTE

# 182 MR. GOLDBERG:

Calls for hearsay.

# 183 THE COURT:

Sustained.

# 184 MR. NEUFELD:

How long after the August 2--I'm sorry. How long after you testified on August 23rd was it that you had this meeting with Dennis Fung?

# 185 MS. MAZZOLA:

I have no idea.

# 186 MR. NEUFELD:

And during that meeting with Dennis Fung, didn't he state to you that he had a different recollection than you had--

# 187 THE COURT:

Sustained. Sustained. "State to you."

# 188 MR. NEUFELD:

It's not being offered for the truth of the matter asserted, your Honor. It's being offered to show that he stated it. I'm--

# 189 THE COURT:

Sidebar.

# 190 MR. NEUFELD:

Thank you.

Temperature

tense

Key Quotes (4)

Andrea Mazzola

I took my lunch when the Court was taking theirs. I don't like to watch the trial.

Mazzola distances herself from trial coverage, but Neufeld's follow-up reveals she did see 'bits and pieces' — a small but useful inconsistency for the defense.

Andrea Mazzola

Mildly interested.

Her downplaying of interest in how her own evidence collection was being depicted nationally undercuts credibility — she was one of only two criminalists at both crime scenes.

Andrea Mazzola

Yes.

Mazzola confirms she and Fung had 'a long discussion about who did what with respect to collection' after her August 23 testimony — admitting their accounts diverged.

Peter Neufeld

Miss Mazzola, isn't it true that when you had the meeting with Dennis Fung after you testified on August 23rd, he told you that he disagreed with your recollection of what you testified to on August 23rd?

Neufeld attempts to surface a direct conflict between Fung and Mazzola's accounts of who collected what, which is the central defense theory on evidence handling.

Evidence (4)

Informal

Crime scene notes reviewed by Mazzola in preparation for testimony

discussed

Informal

Approximately a dozen videotapes of crime scenes, shown to Mazzola by the District Attorney

discussed

Informal

Still photography from crime scenes

discussed

Informal

Transcript of Mazzola's own testimony from the 'Griffin hearing' (August 23, 1994)

reviewed by witness in preparation

Notable Exchanges (3)

Peter Neufeld•Andrea Mazzola

Neufeld systematically establishes that SID employees had access to trial coverage via radio and TV at work, and that Mazzola had seen 'bits and pieces' of testimony despite her initial minimizing of exposure.

strategic

Peter Neufeld•Andrea Mazzola

Mazzola reveals she met with lab director Kestler one-on-one and in a group session including Greg Matheson and Collin Yamauchi just weeks before trial testimony — Neufeld maps the chain of internal LAPD communications about the case.

revealing

Peter Neufeld•Andrea Mazzola•Hank Goldberg•Lance A. Ito

Neufeld attempts to get Mazzola to confirm Fung disputed her August 23 account; Goldberg sustains a hearsay objection and the examination ends at a sidebar.

heated

Credibility Attacks (3)

⚔ Andrea Mazzola

exposure to prior testimony

Neufeld establishes that SID had trial coverage playing in the lab, and that Mazzola saw 'bits and pieces' of testimony — laying groundwork that her recollections may have been shaped by what she heard Fung say.

⚔ Andrea Mazzola

post-testimony coordination

Neufeld elicits that after August 23 testimony, Mazzola met with lab director Kestler multiple times and had a direct discussion with Dennis Fung in which their accounts of the evidence collection conflicted — suggesting coordination or at minimum inconsistency.

⚔ Dennis Fung

prior inconsistent statement (attempted)

Neufeld tries to surface that Fung told Mazzola he disagreed with her testimony about who collected what — implying one of them is wrong. Blocked by hearsay ruling before the substance could be elicited.

Objections

7 objections (2 sustained, 4 overruled)

Proceeding 5774 • 190 utterances • Prosecution witness

Criminal Trial

Department 103