Direct examination of Andrea Mazzola (part 2)

📄 Direct examination of Andrea Mazzola (part 2) — Thursday, April 20, 1995

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C:\DEPT103\CRIMINAL\1995\APR\20\DIRECT-EXAMINATION-OF-ANDREA-M.DOC

TRIAL

▲ Day 60 of 167

◀ Morning jury recall Sidebar: impeaching witness ▶

Witness: Andrea Mazzola
Examiner: Hank Goldberg
Called by: Prosecution • Date: Thursday, April 20, 1995 • Utterances: 66

Goldberg continues direct examination of Mazzola, briefly covering substrate control collection procedures before pivoting to rehabilitate her prior testimony at the Griffen hearing in August 1994. The core revelation is that Mazzola was called to testify in that hearing with essentially no preparation — notified that morning, handed a colleague's notes as she walked into the courtroom, and given no chance to speak with either side beforehand. The proceeding ends mid-stride as Goldberg attempts to walk through the Griffen transcript and Neufeld requests a bench conference.

# 1 THE COURT:

Thank you, ladies and gentlemen. Please be seated. Let the record reflect that we've now been rejoined by all the members of our jury panel. Miss Andrea Mazzola is on the witness stand undergoing direct examination by Mr. Goldberg. Good morning again, Miss Mazzola.

# 2 MS. MAZZOLA:

Good morning.

# 3 THE COURT:

Miss Mazzola, you are reminded that you are still under oath. Mr. Goldberg, you may continue.

# 4 MR. GOLDBERG:

Thank you, your Honor.

# 5 MR. GOLDBERG:

We were talking about the substrate controls I believe before we left. Is it necessary--do you always have to collect the substrate control in every situation when you collect a stain using LAPD procedures?

# 6 MS. MAZZOLA:

If it is possible to collect one, we collect one.

# 7 MR. GOLDBERG:

Well, when would it not be possible? Can you give us an example?

# 8 MS. MAZZOLA:

If say the blood covers the entire area, a small piece of stone or wood or whatever, then there would be no surface area to collect a control off of.

# 9 MR. GOLDBERG:

You mean if there was no uncontaminated area?

# 10 MS. MAZZOLA:

Correct.

# 11 MR. GOLDBERG:

I want to ask you a couple questions more about the Griffen hearing before we continue with the Bundy collection, this hearing in August of 1994. When did you first become aware that you were going to testify in that hearing?

# 12 MS. MAZZOLA:

It was that morning.

# 13 MR. GOLDBERG:

And how was it you became aware of it?

# 14 MS. MAZZOLA:

I was already at work in the toxicology section, and I got a phone call from Michelle Kestler, the lab director.

KEY QUOTE

# 15 MR. GOLDBERG:

Had you ever testified before that as an expert witness in court?

# 16 MS. MAZZOLA:

In toxicology cases, yes.

# 17 MR. GOLDBERG:

Can you give us an approximation of how many times?

# 18 MS. MAZZOLA:

Five to seven.

# 19 MR. GOLDBERG:

And when she told you that you were going to be needed in court, how much time went by between then and when you actually showed up in court?

# 20 MS. MAZZOLA:

Probably not more than 10 minutes or so.

# 21 MR. GOLDBERG:

Did she tell you what case it was going to be on?

# 22 MS. MAZZOLA:

Yes. She said the case. So--

# 23 MR. GOLDBERG:

Okay. So you figured it was this?

# 24 MS. MAZZOLA:

Right.

# 25 MR. GOLDBERG:

All right. And you didn't have any advanced warning before she called that you were going to be testifying?

# 26 MS. MAZZOLA:

No.

# 27 MR. GOLDBERG:

When you got to court, what happened?

# 28 MS. MAZZOLA:

I was led up--well, I should say led down to the ninth floor, and Mr. Matheson was coming out.

# 29 MR. GOLDBERG:

Hold on for a second. And who is Mr. Matheson?

# 30 MS. MAZZOLA:

He was the serology supervisor at the time.

# 31 MR. GOLDBERG:

So he was coming out of where?

# 32 MS. MAZZOLA:

Out of the courtroom.

# 33 MR. GOLDBERG:

And what happened?

# 34 MS. MAZZOLA:

And he asked me if I had my notes, a binder, and I said, "What notes?" So he gave me his binder of notes and I was brought in.

KEY QUOTE

# 35 MR. GOLDBERG:

Did you have any opportunity to review Mr. Matheson's notes before you went into the courtroom?

# 36 MS. MAZZOLA:

No.

# 37 MR. GOLDBERG:

Did you know how his binder was organized?

# 38 MS. MAZZOLA:

No.

# 39 MR. GOLDBERG:

When you were brought in, were you brought in for the purposes of testifying?

# 40 MS. MAZZOLA:

Yes.

# 41 MR. GOLDBERG:

And did you--were you called by the Defense or Prosecution?

# 42 MS. MAZZOLA:

I was called by the Defense.

# 43 MR. GOLDBERG:

Did you have an opportunity to discuss with the Defense beforehand what questions they were going to be asking you?

# 44 MS. MAZZOLA:

No.

# 45 MR. GOLDBERG:

Or discuss any aspect of the case with the Prosecution in advance?

# 46 MS. MAZZOLA:

No.

# 47 MR. GOLDBERG:

So you were a criminalist I and you're testifying on the Simpson case. You didn't have a chance to speak with the questioner in advance or review your notes. How did you feel?

# 48 MR. NEUFELD:

Objection, your Honor. Leading.

# 49 THE COURT:

Sustained. Rephrase the question.

# 50 MR. GOLDBERG:

How did you feel at that moment in time? Were you nervous?

# 51 MS. MAZZOLA:

Nervous and thoroughly alone.

KEY QUOTE

# 52 MR. GOLDBERG:

Okay. And had you had occasion even to think about the case mentally in trying to go through and remember what had happened prior to getting up on the witness stand?

# 53 MS. MAZZOLA:

No.

# 54 MR. NEUFELD:

Objection, your Honor. Assuming she had an opportunity to.

# 55 THE COURT:

Overruled. Proceed.

# 56 MR. GOLDBERG:

Were you regularly thinking about the case prior to then?

# 57 MS. MAZZOLA:

No, I wasn't.

# 58 MR. GOLDBERG:

All right. Now, at the Griffen hearing, were you asked some questions regarding who collected what at the Bundy location?

# 59 MS. MAZZOLA:

Yes.

# 60 MR. GOLDBERG:

I would like to ask you some questions on page 735 of the transcript, lines 12 through lines 26.

# 61 MR. NEUFELD:

Just one moment, your Honor. May I have one moment, your Honor?

# 62 THE COURT:

Certainly.

# 63 (Discussion held off the record between Defense counsel.)

# 64 MR. NEUFELD:

Your Honor, may we approach the bench for a moment, please?

# 65 THE COURT:

Excuse me. Yes. With the court reporter.

# 66 MR. GOLDBERG:

Do I need to bring the transcript?

Temperature

procedural

Key Quotes (3)

Andrea Mazzola

Nervous and thoroughly alone.

Describes her state of mind at the Griffen hearing — Goldberg is laying groundwork to explain away any errors or inconsistencies in that prior testimony by establishing she was unprepared and isolated.

Andrea Mazzola

And he asked me if I had my notes, a binder, and I said, 'What notes?' So he gave me his binder of notes and I was brought in.

Establishes that Mazzola testified at the Griffen hearing using her supervisor Matheson's notes, which she had no time to review — a direct explanation for potential inconsistencies in that prior testimony.

Andrea Mazzola

I was already at work in the toxicology section, and I got a phone call from Michelle Kestler, the lab director.

Establishes the chain of how she was summoned — no advance planning, called in from another department entirely.

Evidence (1)

Informal

Griffen hearing transcript, page 735, lines 12-26 — questions Mazzola was asked about who collected what at Bundy

Goldberg attempts to introduce but is interrupted by bench conference request before reading begins

Notable Exchanges (2)

Hank Goldberg•Andrea Mazzola

Goldberg methodically walks Mazzola through every layer of unpreparedness at the Griffen hearing: no advance notice, no time to prepare, borrowed notes she'd never seen, no communication with either counsel. The cumulative effect is rehabilitative — building a narrative that any problems with her Griffen testimony were circumstantial, not a reflection of her competence.

strategic

Peter Neufeld•Lance A. Ito

Neufeld objects to Goldberg's leading question about Mazzola's emotional state ('How did you feel... Were you nervous?'). Ito sustains and Goldberg rephrases, but Mazzola's answer ('Nervous and thoroughly alone') is arguably more powerful than what the leading version would have elicited.

strategic

Objections

2 objections (1 sustained, 1 overruled)

Proceeding 5780 • 66 utterances • Prosecution witness

Criminal Trial

Department 103