📄 Direct examination of Andrea Mazzola (part 3) — Thursday, April 20, 1995
Address:
C:\DEPT103\CRIMINAL\1995\APR\20\DIRECT-EXAMINATION-OF-ANDREA-M.DOC
TRIAL
▲ Day 60 of 167

Direct examination of Andrea Mazzola (part 3)

Witness: Andrea Mazzola
Examiner: Hank Goldberg
Called by: Prosecution • Date: Thursday, April 20, 1995 • Utterances: 398
Prosecutor Hank Goldberg continued rehabilitating criminalist Andrea Mazzola by walking her through videotape evidence of her collecting the Bundy glove and knit cap, correcting several errors she had made during the prior Griffen suppression hearing — including wrong return times to Rockingham and which item she collected first. He also established her rationale for not changing gloves between collecting the hat and glove (they were in physical contact with each other) and her refusal to ever hand biological evidence to an ungloved person.
1 (The following proceedings were held in open court:)
2 THE COURT:

Thank you, counsel. Proceed.

3 MR. GOLDBERG:

Actually, I'll start on 734, line 27 through 735, line 26.

4 MR. GOLDBERG:

Are you ready counsel? Do you have that?

5 MR. NEUFELD:

What line? I am sorry.

6 MR. GOLDBERG:

27.

7 MR. NEUFELD:

Thank you.

8 MR. GOLDBERG:

"Question: And which--I am sorry. At Bundy again, were there certain stains that you collected and other stains that were collected by Mr. Fung? "Answer: Yes. "Question: And which bloodstains were collected by Mr. Fung? "Answer: I believe he collected the red stains that were near the shoeprints that were made on the walkway. "Question: Would you please look at your notes and tell me which numbers those are? "Question: And when you say that, you say he collected the actual foot shoeprints where he collected alleged drops that were near the shoeprints? "Answer: He, if I remember correctly, took swatchings of the red stains that were constituting the footprint itself. "Question: Can you tell us which ones those were, please? "Answer: Property items 55 and 56. "Question: And that is it? "Answer: Yes. "Question: All other bloodstains at the Bundy crime scene were collected by you, ma'am? "Answer: Yes." Do you recall that testimony?

9 MS. MAZZOLA:

Somewhat.

10 MR. GOLDBERG:

Okay. And since testifying at this hearing, was there an occasion when you and Dennis Fung went over the crime scene identification checklist again to try to make notations as to who physically collected which items?

11 MR. NEUFELD:

Objection as to hearsay.

12 THE COURT:

Excuse me. Overruled.

13 MS. MAZZOLA:

Yes.

14 MR. GOLDBERG:

And have you since had an occasion to think about yourself what happened at the scene and who did what?

15 MS. MAZZOLA:

Yes.

16 MR. GOLDBERG:

And did you in fact do, other than on stain 55 and 56, the shoeprints, most of the physical swatching on the other stains?

17 MS. MAZZOLA:

Most of the physical swatching, yes.

18 MR. GOLDBERG:

All right. And since then, have you come up with the two recollections that you testified to on stain 47 and the item with the berry?

19 MS. MAZZOLA:

Yes.

20 MR. GOLDBERG:

Now, at the time that you testified at this Griffen hearing, did you believe that all of the photographs taken of the bloodstains had rulers in them or scales in them?

21 MS. MAZZOLA:

I believe that they had, yes.

22 MR. GOLDBERG:

What made you think that?

23 MS. MAZZOLA:

Because I had seen the photographer lay down a scale on one of the drops. So I assumed that he was going to do it for all of them.

24 MR. GOLDBERG:

Did you since look at the crime--have you since had an opportunity to review the crime scene photographs?

25 MS. MAZZOLA:

Yes.

26 MR. GOLDBERG:

Have you had an opportunity to review the crime scene photographs before testifying at the Griffen hearing?

27 MS. MAZZOLA:

No.

28 MR. GOLDBERG:

And in reviewing the crime scene photographs, did you see a scale in every single one of the photographs?

29 MS. MAZZOLA:

No, I did not.

30 MR. GOLDBERG:

All right. I'd like to direct your attention to an exhibit that we've previously marked as Defense 1081.

31 (Brief pause.)
32 MR. GOLDBERG:

And it's page 2. This is the crime scene identification checklist, your Honor.

33 THE COURT:

All right.

34 MR. NEUFELD:

What's this of?

35 MR. GOLDBERG:

Bundy.

36 MR. GOLDBERG:

Miss Mazzola, do you recognize this to be part of the crime scene identification checklist for Bundy?

37 MS. MAZZOLA:

Yes.

38 MR. GOLDBERG:

And whose handwriting is on that list?

39 MS. MAZZOLA:

Mine.

40 MR. GOLDBERG:

Now, do you see the notation that says was this scene--excuse me--"Has this scene been altered. If so, by whom and how"?

41 MS. MAZZOLA:

Yes.

42 MR. GOLDBERG:

Did you write that question mark in there or did someone else do it?

43 MS. MAZZOLA:

I did.

44 MR. GOLDBERG:

And why did you do that?

45 MS. MAZZOLA:

Because at the time, I did not know if the scene had been altered. It was an assumption that it had because the Coroners were there.

46 MR. GOLDBERG:

All right. Now, is it your understanding as a criminalist that you have a responsibility or that the criminalist has a responsibility to make inquiries of anyone in terms of whether the scene was altered?

47 MS. MAZZOLA:

The criminalist really does not do any investigative work.

48 MR. GOLDBERG:

Okay. But does the criminalist talk to the investigating officer?

49 MS. MAZZOLA:

Yes.

50 MR. GOLDBERG:

So would the criminalist perhaps ask questions about what happened prior to their arrival on the scene?

51 MS. MAZZOLA:

Yes.

52 MR. GOLDBERG:

But when you say "Investigative work," what are you talking about when you use that term?

53 MS. MAZZOLA:

Actually talk to the individual people to find out if they personally had moved anything, where they had been.

54 MR. GOLDBERG:

You mean, in terms of a more formal witness interview?

55 MS. MAZZOLA:

Right.

56 MR. GOLDBERG:

Do the criminalists do that at Los Angeles Police Department?

57 MS. MAZZOLA:

No.

58 MR. GOLDBERG:

Thank you. Now, I would like to talk about some of the items that were collected in and around the caged-off area at the Bundy location and first the glove. I think it's People's 164.

59 (Discussion held off the record between the Deputy District Attorneys.)
60 MR. GOLDBERG:

Excuse me. It's 77-a for identification. Your Honor, maybe I can just put a piece of butcher paper down on the little table over there so we can take this out.

61 MR. GOLDBERG:

Miss Mazzola, I would like you to, after putting the gloves on, remove People's 77 and describe what you're doing for the record.

62 MS. MAZZOLA:

Okay. Do you have a knife or--

63 THE COURT:

Do you have a preference?

64 MS. MAZZOLA:

No. Thank you. I'm opening the sealed envelope. I am removing a paper bag and I'm opening the bag and removing the glove.

65 MR. GOLDBERG:

Now, do you recognize any of the writing on that paper bag?

66 MS. MAZZOLA:

Yes.

67 MR. GOLDBERG:

Whose writing is that?

68 MS. MAZZOLA:

It looks like most of it is my writing.

69 MR. GOLDBERG:

Okay. And is that the paper bag into which the glove was placed at the Bundy location?

70 MS. MAZZOLA:

Yes.

71 MR. GOLDBERG:

Now, have you had an opportunity to look at some videotapes showing yourself collecting a glove and also cap at the Bundy location?

72 MS. MAZZOLA:

Yes.

73 MR. GOLDBERG:

Prior to seeing those videotapes, did you have an independent recollection of who collected those items?

74 MS. MAZZOLA:

I knew that I collected most of the items in that area.

75 MR. GOLDBERG:

Did you recall specifically who collected the glove prior to viewing the videotape?

76 MS. MAZZOLA:

Specifically, no.

77 MR. GOLDBERG:

All right. Did the viewing of the videotape refresh your recollection?

78 MS. MAZZOLA:

Yes.

79 MR. GOLDBERG:

Now, prior to this crime scene--well, let me back up for a second. When did you actually start taking the criminalistics courses at school, the criminalistics portions of your formal education?

80 MS. MAZZOLA:

Oh, let's see. 1987, 1988, somewhere in there.

81 MR. GOLDBERG:

So had you been involved in the forensics science community then for approximately six years or so prior to collecting this glove?

82 MR. NEUFELD:

Objection. Leading.

83 THE COURT:

Sustained. Rephrase the question.

84 MR. GOLDBERG:

How long have you been involved in the scientific community prior to collecting this glove?

85 MS. MAZZOLA:

I had contact with them since beginning my forensics courses at school.

86 MR. GOLDBERG:

And that was how many years?

87 MS. MAZZOLA:

Six, seven, somewhere around there.

88 MR. NEUFELD:

Your Honor, object and move to strike. It's totally irrelevant whether she had contact.

89 THE COURT:

Overruled.

90 MR. GOLDBERG:

And can you show us now the technique that is used to collect a piece of evidence such as this glove by placing it back in the bag? I know it's sort of wrinkled, but maybe you can do it for us.

91 MS. MAZZOLA:

Okay. After the photo id number is written on the bag corresponding to the number given the glove, the bag is opened and you want to pick up the glove in a secured grip, but touching as small an area as possible. I'll just put it in and fold the bag closed securely and that's it (Indicating).

92 MR. GOLDBERG:

That's all there is to it?

93 MS. MAZZOLA:

That's all there is to it.

KEY QUOTE
94 MR. GOLDBERG:

And did you feel qualified to do that after being involved in the forensics science community for about six years?

95 MS. MAZZOLA:

Yes.

96 MR. NEUFELD:

Objection, your Honor. Irrelevant whether she felt qualified.

97 THE COURT:

Overruled.

98 MR. GOLDBERG:

Now, I would like to show you People's next exhibit, I think it's 78. It's the cap.

99 MS. MAZZOLA:

Yeah.

100 (Discussion held off the record between the Deputy District Attorney and the witness.)
101 THE COURT:

All right. You want to place that back in the envelope?

102 (The witness complies.)
103 THE COURT:

Thank you.

104 MR. GOLDBERG:

Can you now retrieve People's 78 for identification and show us what you're doing?

105 MS. MAZZOLA:

Okay. Removing the paper bag from the envelope, opening the bag and retrieving the hat.

106 (Discussion held off the record between the Deputy District Attorneys.)
107 MR. GOLDBERG:

And what is that item?

108 MS. MAZZOLA:

That is a knit watch cap.

109 MR. GOLDBERG:

And who recovered that from the location?

110 MS. MAZZOLA:

I did.

111 MR. GOLDBERG:

Do you recognize the writing that's on the packaging?

112 MS. MAZZOLA:

Yes.

113 MR. GOLDBERG:

Whose is that?

114 MS. MAZZOLA:

That's my writing.

115 MR. GOLDBERG:

Okay. You can replace that, describe what you're doing for the record.

116 MS. MAZZOLA:

Thank you (Witness complies.)

117 THE COURT:

People's 78's been replaced. Mr. Goldberg.

118 MR. GOLDBERG:

Miss Mazzola, does there appear to be any trace evidence or anything that was left on that butcher paper?

119 MS. MAZZOLA:

I don't see anything.

120 MR. GOLDBERG:

Perhaps we can just dispose of it then.

121 THE COURT:

There's a trash can right beside you.

122 MS. MAZZOLA:

Thank you.

123 THE COURT:

Mr. Goldberg.

124 MR. GOLDBERG:

I would like to now show you a videotape we previously marked as Defense 1083 for identification and then I'll ask you some questions about it.

125 (Brief pause.)
126 MR. GOLDBERG:

Could we have the lights dimmed a little bit? I think we can get better resolution that way.

127 (At 11:02 A.M., Defendant's exhibit 1083, a videotape was played.)
128 (At 11:04 A.M., the playing of the videotape was concluded.)
129 MR. GOLDBERG:

Now--

130 MR. GOLDBERG:

Thank you.

131 MR. GOLDBERG:

Miss Mazzola, did Defense 1083 depict you at the crime scene collecting some evidence?

132 MS. MAZZOLA:

Yes, it does.

133 MR. GOLDBERG:

What were you collecting in that tape?

134 MS. MAZZOLA:

I was collecting the hat and glove at Bundy.

135 MR. GOLDBERG:

And did you change gloves in-between collecting the hat and the glove?

136 MS. MAZZOLA:

No.

137 MR. GOLDBERG:

Why not?

138 MS. MAZZOLA:

The hat and the glove at Bundy were touching each other. They were not in two completely separate areas. They were in physical contact with each other.

KEY QUOTE
139 MR. GOLDBERG:

Okay. And when you were at a crime scene and collecting evidence, is it your habit to, if you see something on your gloves or see some blood or trace on your gloves, to change them?

140 MS. MAZZOLA:

Yes.

141 MR. GOLDBERG:

So the glove and the hat were in close proximity?

142 MS. MAZZOLA:

Yes.

143 MR. GOLDBERG:

Now, I'd like to show you another exhibit that's been marked as People's 192 for identification and then I would like to ask you some questions about that.

144 (Brief pause.)
145 (At 11:05 A.M., People's exhibit 192, a videotape, was played.)
146 MR. GOLDBERG:

Okay. If you can stop for just a second.

147 MR. GOLDBERG:

I would like to direct your attention to the dark area that is in approximately the middle of the screen.

148 MR. GOLDBERG:

And for the record, this is just shortly after Mr. Fung put down an item and then disappeared up the steps. He's no longer depicted in this frame.

149 THE COURT:

Yes.

150 MR. GOLDBERG:

Let's continue. Maybe we can stop for just a second.

151 MR. GOLDBERG:

We've stopped on a card that I think says 103 and it appears to depict part of the glove on the left side of the screen and part of the knit cap on the right side of the screen; is that correct?

152 MS. MAZZOLA:

That's correct.

153 MR. GOLDBERG:

Is this what you were referring to when you were saying they were in close proximity?

154 MS. MAZZOLA:

Yes.

155 MR. GOLDBERG:

And why is that significant?

156 MS. MAZZOLA:

Well, any trace that I think would be moved from one to the other if you hadn't changed gloves and they were not in such close proximity, that would be more of a concern than if they were side by bide like that (Indicating).

157 MR. GOLDBERG:

And is this where they were at the time that you first saw them?

158 MS. MAZZOLA:

Yes.

159 MR. GOLDBERG:

And when you collected them?

160 MS. MAZZOLA:

Yes.

161 MR. GOLDBERG:

Let's continue. Let's stop for a second.

162 MR. GOLDBERG:

Now we have a photograph that has three evidence cards in it. Did you place those evidence cards down or did someone else do it?

163 MS. MAZZOLA:

Someone else.

164 MR. GOLDBERG:

And who was that?

165 MS. MAZZOLA:

Mr. Fung.

166 MR. GOLDBERG:

And does this photograph depict the envelope and the glove and the watch cap--excuse me--the cap after the three evidence cards were placed down?

167 MS. MAZZOLA:

Yes.

168 MR. GOLDBERG:

All right. Let's continue. Now if we can stop for just a second.

169 MR. GOLDBERG:

Can you see that dark area that I directed your attention to on the first frame that we stopped on?

170 MS. MAZZOLA:

Yes.

171 MR. GOLDBERG:

And now for the record, we're on a frame at the end of this collage that has a crime scene tape across the upper portion of the screen, your Honor.

172 THE COURT:

Yes. It appears to be the step area, appears to be Mr. Fung wearing booties on the second and third steps.

173 MR. GOLDBERG:

Thank you.

174 (At 11:08 A.M., the playing of the videotape was concluded.)
175 MR. GOLDBERG:

Now, with respect to the area, the dark area that I directed your attention to, do you know what that was?

176 MS. MAZZOLA:

No.

177 MR. GOLDBERG:

Was it the glove?

178 MS. MAZZOLA:

No.

179 MR. GOLDBERG:

Did you ever see the glove in any location while you were at the scene other than as depicted in the still photography you saw?

180 MS. MAZZOLA:

No.

181 MR. GOLDBERG:

Now, I'd like to direct your attention to an item that we've marked as People's 32 for identification and also 191 for identification.

182 MR. GOLDBERG:

May I approach the witness?

183 THE COURT:

You may.

184 MR. GOLDBERG:

I'm showing you People's 32 for identification. Do you recognize what is in this envelope or this plastic baggie rather?

185 MS. MAZZOLA:

Yes.

186 MR. GOLDBERG:

What is that?

187 MS. MAZZOLA:

That appears to be the envelope that was found at Bundy.

188 MR. GOLDBERG:

Do you recognize any of the writing on the packaging?

189 MS. MAZZOLA:

Yes.

190 MR. GOLDBERG:

Whose is that?

191 MS. MAZZOLA:

Some of it is mine.

192 MR. GOLDBERG:

Who wrote item no. 39 on there? Is that your writing?

193 MS. MAZZOLA:

That appears to be my writing.

194 MR. GOLDBERG:

And what about 104?

195 MS. MAZZOLA:

That's mine.

196 MR. GOLDBERG:

Is 104 the photo?

197 MS. MAZZOLA:

Yes.

198 MR. GOLDBERG:

And directing your attention to People's 191 for identification, is this the same type of bag that is used in the Scientific Investigation Division?

199 MS. MAZZOLA:

Yes.

200 MR. GOLDBERG:

All right. Now, did you package at the scene the eyeglass envelope, the bloody envelope into the packaging material, the paper bag that has the photo id and item number id on it?

201 MS. MAZZOLA:

Yes.

202 MR. GOLDBERG:

How did you do that?

203 MS. MAZZOLA:

I picked up the envelope wearing gloves in a small relatively clean area and placed it in the bag and folded down the top.

204 MR. GOLDBERG:

Okay. And is the bag that it's placed in appear to be the same type that I've just given you, the fresh one?

205 MS. MAZZOLA:

Just--yeah. Brown paper bag.

206 MR. GOLDBERG:

All right.

207 MR. GOLDBERG:

Now, perhaps we can see the clip of the tape that's previously been marked as Defense 1082.

208 (At 11:12 A.M., Defendant's exhibit 1082, a videotape, was played.)
209 MR. GOLDBERG:

I want you to look--have we already--maybe we can back it up again--very closely at the item that's being passed between yourself and Mr. Fung. Maybe we can just see that again. Do you see that?

210 MS. MAZZOLA:

Yes.

211 THE COURT:

All right. We're stopping at frame 13:24:24.

212 MR. GOLDBERG:

It's a little blurry. Okay. Fine. That's fine. Is that the entire tape?

213 (The playing of the videotape continued.)
214 MR. GOLDBERG:

Did you get a chance to take another look at that?

215 MS. MAZZOLA:

Yes. I caught a glimpse of it.

216 MR. GOLDBERG:

What?

217 MS. MAZZOLA:

I caught a glimpse of it.

218 MR. GOLDBERG:

Okay. Have you seen this before?

219 MS. MAZZOLA:

Yes.

220 MR. GOLDBERG:

This footage? And is that item the bloody eyeglass envelope?

221 MS. MAZZOLA:

No.

222 MR. GOLDBERG:

Would you hand a bloody eyeglass--a bloody piece of evidence to Mr. Fung?

223 MR. NEUFELD:

Objection. Speculation.

224 THE COURT:

Overruled.

225 MS. MAZZOLA:

No.

226 MR. GOLDBERG:

If he wasn't wearing gloves?

227 MS. MAZZOLA:

No. Absolutely not.

228 MR. GOLDBERG:

Why not?

229 MS. MAZZOLA:

He wasn't wearing gloves, plus I was the one that was packaging the evidence.

230 MR. GOLDBERG:

Okay. Do you know in what way Mr. Fung and you were working together at this time in terms of the evidence collection in this area? I'm referring to Defense 1082.

231 MS. MAZZOLA:

I was the one that was in the caged-in area picking up the larger items of evidence. Mr. Fung was handing me the bags, taking the bags from me as I was handing them out.

232 MR. GOLDBERG:

Do you know--why was it that the two of you didn't work in the cage simultaneously?

233 MS. MAZZOLA:

At that point, there were other pieces of evidence inside that had to be picked up and there was not enough room for both of us to be in there without running the risk of hurting some of the evidence.

234 MR. GOLDBERG:

Okay. So only one of you was in there?

235 MS. MAZZOLA:

Correct.

236 MR. GOLDBERG:

And that was you?

237 MS. MAZZOLA:

That was me.

238 MR. GOLDBERG:

And why is it that you would not hand an un-gloved criminalist a bloody piece of evidence?

239 MS. MAZZOLA:

I wouldn't hand anybody anything bloody if they were not wearing gloves.

240 MR. GOLDBERG:

But is it for health reasons or--

241 MS. MAZZOLA:

Personal protection, right.

242 MR. GOLDBERG:

What kinds of problems are you now concerned of, about as a criminalist in terms of dealing with biological evidence at a crime scene?

243 MS. MAZZOLA:

Today, we have various types of hepatitis, we have HIV, we have aids, we have all kinds of things that are showing up in biologicals.

244 MR. GOLDBERG:

Are criminalists in general pretty sensitive about the health issues that are involved in collecting biological evidence?

245 MS. MAZZOLA:

Very, very mindful of it.

246 MR. GOLDBERG:

Thank you.

247 (At 11:15 A.M., the playing of the videotape was concluded.)
248 MR. GOLDBERG:

Now, do you recall at the Bundy location seeing any stains on a rear gate on the 13th?

249 MS. MAZZOLA:

I honestly don't even remember a rear gate.

250 MR. GOLDBERG:

Okay. Do you remember having a walk-through with a detective at the beginning of your collection procedure?

251 MS. MAZZOLA:

I remember starting on a walk-through, yes.

252 MR. GOLDBERG:

Do you know whether you went all the way back as--well, do you know where the rear gate is now?

253 MS. MAZZOLA:

Now I do, yes.

254 MR. GOLDBERG:

How?

255 MS. MAZZOLA:

From photographs, video.

256 MR. GOLDBERG:

Okay. When you went through the walk-through, did you go back as far as the rear gate?

257 MS. MAZZOLA:

No.

258 MR. GOLDBERG:

Did Mr. Fung continue on with the walk-through?

259 MS. MAZZOLA:

Yes, he did.

260 MR. GOLDBERG:

Without you? Okay. And at the Bundy location, did any of the blood drops on the area that we've referred to as the trail appear to have been stepped in?

261 MS. MAZZOLA:

No.

262 MR. GOLDBERG:

Approximately what time did you leave the Bundy location?

263 MS. MAZZOLA:

Oh, it was approximately 3:15 or so, 3 o'clock, 3:15.

264 MR. GOLDBERG:

All right. And where did you go after you left?

265 MS. MAZZOLA:

We went back to Rockingham.

266 MR. GOLDBERG:

Did you take the crime scene truck?

267 MS. MAZZOLA:

Yes.

268 MR. GOLDBERG:

And what would you have done with the gloves that you had been wearing at the Bundy location when you left?

269 MS. MAZZOLA:

They were taken off and put in the trash bag.

270 MR. GOLDBERG:

Before you left, did you do the same evidence inventory procedure that you've described?

271 MS. MAZZOLA:

Yes.

272 MR. GOLDBERG:

And do you have--are you--do you have an independent recollection of exactly where that took place?

273 MS. MAZZOLA:

Not an exact recollection. I have an idea where it took place, but I can't be absolutely positive.

274 MR. GOLDBERG:

Was it outdoors?

275 MS. MAZZOLA:

It was outdoors, yes.

276 MR. GOLDBERG:

Can you tell us in terms of being towards the front of the Bundy location? By that, I mean the Bundy side or to the rear towards the alley side?

277 MS. MAZZOLA:

It was up front.

278 MR. GOLDBERG:

All right. What time did you return to the Rockingham location?

279 MS. MAZZOLA:

Probably around 3:30 or so.

280 MR. GOLDBERG:

Do you have any notes with you that you can use to give us the time that you collected the first item of evidence once you returned to Rockingham in the afternoon?

281 MS. MAZZOLA:

Yes, I do.

282 MR. GOLDBERG:

Can you tell us? Do you have it memorized or do you need something?

283 MS. MAZZOLA:

I don't have it memorized.

284 MR. GOLDBERG:

Please tell us what you are referring to to give us that information.

285 MS. MAZZOLA:

Okay. I'm referring to the evidence collection sheet.

286 MR. NEUFELD:

Your Honor, I am sorry. I'll object. I would say there has to be a proper foundation laid before she refreshes her recollection. She hasn't done that.

287 THE COURT:

Overruled.

288 MS. MAZZOLA:

Okay. This says 1540.

289 MR. GOLDBERG:

So that's 3:40?

290 MS. MAZZOLA:

3:40.

291 MR. GOLDBERG:

Was the notation as to the time in your handwriting or Mr. Fung's?

292 MS. MAZZOLA:

My handwriting.

293 MR. GOLDBERG:

And when you made that notation, how did you do it? Did you ask someone or look at your watch or what?

294 MS. MAZZOLA:

I think I just glanced at my watch.

295 MR. GOLDBERG:

All right. And this first item was stain no. 11?

296 MS. MAZZOLA:

Correct.

297 MR. GOLDBERG:

Which was on which side of the house?

298 MS. MAZZOLA:

It was on the side of the house near the garage, on that end of the house.

299 MR. GOLDBERG:

That little narrow walkway area?

300 MS. MAZZOLA:

Right.

301 MR. GOLDBERG:

And that's outdoors?

302 MS. MAZZOLA:

That's outdoors.

303 MR. GOLDBERG:

All right. Now, I would like to direct your attention back to some testimony at the Griffen hearing on page 758. Well, actually 757, line 25 through 758, line 4.

304 MR. NEUFELD:

I'm sorry? What lines?

305 MR. GOLDBERG:

Line 25 and 758 to line 4.

306 THE COURT:

Do you have that, Mr. Neufeld?

307 MR. NEUFELD:

Yes.

308 THE COURT:

All right. Thank you. Proceed.

309 MR. GOLDBERG:

At the Griffen hearing, did you give the following answers to the following questions? "Question: And what time did you get back to Rockingham was it? "Answer: Right around 4 o'clock, somewhere in there. "Question: How do you know it was about 4 o'clock? "Answer: Because of the time that is noted that we collected the sample in the foyer." Do you remember giving that testimony?

310 MS. MAZZOLA:

Yes.

311 MR. GOLDBERG:

Okay. So was this testimony that you got back there at 4 o'clock correct?

312 MS. MAZZOLA:

No.

313 MR. GOLDBERG:

And why did you testify that way?

314 MS. MAZZOLA:

Because I was--just had a chance to glance at the notes as I was testifying.

KEY QUOTE
315 MR. GOLDBERG:

All right. Now, I would like to read you another passage that occurred just previously to that on page 757.

316 MR. GOLDBERG:

Counsel, it's lines 12 through 15. 757, 12 through 15.

317 THE COURT:

Proceed.

318 MR. GOLDBERG:

Just previously to that, did you give the following answer to this question? "Question: So as soon as you got back to Rockingham, the first thing that you did was walk inside and lift item no. 12? "Answer: After it was photographed." Do you recall that?

319 MS. MAZZOLA:

Yes.

320 MR. GOLDBERG:

So was item no. 12 in fact the first item that you collected?

321 MS. MAZZOLA:

No.

322 MR. GOLDBERG:

So why did you think that item no. 12 was the first thing that you collected and that it was at 4 o'clock?

323 MS. MAZZOLA:

Because as I said, I was just going off of the notes. I didn't have time to go through them and refresh my memory and I looked at the wrong line.

324 MR. GOLDBERG:

Did you--didn't you see no. 11 at that time when you were testifying at the Griffen hearing and looking over the crime scene identification checklist?

325 MS. MAZZOLA:

I honestly don't remember.

326 MR. GOLDBERG:

Okay. But based upon the crime scene identification checklist, was item no. 11 in fact the first stain that you collected in the afternoon?

327 MS. MAZZOLA:

Yes.

328 MR. GOLDBERG:

And who did the physical collection on that?

329 MS. MAZZOLA:

I did.

330 MR. GOLDBERG:

All right. Now, did you in fact collect a stain no. 12 in the foyer area of Rockingham?

331 MS. MAZZOLA:

Yes.

332 MR. GOLDBERG:

Perhaps we can see People's 169, which is the interior Rockingham map.

333 (Brief pause.)
334 MR. GOLDBERG:

Can you see this, Miss Mazzola? Directing your attention to the photographs on this exhibit that are labeled with photograph numbers--photograph no. 12 and the call out line, do those depict where this item was collected?

335 MS. MAZZOLA:

Yes, it does.

336 MR. GOLDBERG:

And this was the first interior item?

337 MS. MAZZOLA:

Correct.

338 MR. GOLDBERG:

And who did the physical collection in terms of the swatching of this item?

339 MS. MAZZOLA:

I did.

340 MR. GOLDBERG:

Was Mr. Fung watching you on this item?

341 MS. MAZZOLA:

Yes, he was.

342 MR. GOLDBERG:

All right. Now, after collecting this item from the foyer area, where did you go in the location?

343 MS. MAZZOLA:

We started making our way upstairs looking as we were going for any items of evidence.

344 MR. GOLDBERG:

So you collected downstairs first before going upstairs?

345 MS. MAZZOLA:

Correct.

346 MR. GOLDBERG:

And when you got upstairs, did you go to the master bedroom area of the house?

347 MS. MAZZOLA:

We did go there.

348 MR. GOLDBERG:

Did you see the item that's contained in photographs 13?

349 MS. MAZZOLA:

Yes, I did.

350 MR. GOLDBERG:

And where were they?

351 MS. MAZZOLA:

They were at the foot of the master bedroom bed.

352 MR. GOLDBERG:

All right. And did you also see the item that's depicted in the photographs that are labeled 14?

353 MS. MAZZOLA:

Yes, I did.

354 MR. GOLDBERG:

And what are you doing in this photograph?

355 MS. MAZZOLA:

That--

356 MR. GOLDBERG:

Photograph that shows you holding a q-tip.

357 MS. MAZZOLA:

That is a simple presumptive test for blood.

358 MR. GOLDBERG:

Is that the phenolphtalein test?

359 MS. MAZZOLA:

Yes, it is.

360 MR. GOLDBERG:

Now, if you look closely at that photograph, in the upper right-hand corner, you can see that there is some clothing on the ground. Can you see that? It's right behind the shower door. No. The one that has you doing the presumptive test.

361 MS. MAZZOLA:

Yes.

362 MR. GOLDBERG:

The one that has photograph no. 14.

363 MS. MAZZOLA:

Yes.

364 MR. GOLDBERG:

Do you recall how that clothing got there?

365 MS. MAZZOLA:

One of the detectives was looking through the clothing.

366 MR. GOLDBERG:

Was that while you and criminalist Fung were in this master bathroom, master bedroom area?

367 MS. MAZZOLA:

Yes, it was.

368 MR. GOLDBERG:

And prior to this detective looking at this item, where was the clothing?

369 MS. MAZZOLA:

The clothing was in a clothes hamper. You can't really see that.

370 MR. GOLDBERG:

Okay. That's fine. You can resume the witness stand.

371 MS. MAZZOLA:

Thank you.

372 MR. GOLDBERG:

So when the detective took the items out of the hamper, did he ever put them back in the hamper that you saw or did he just leave them on the floor?

373 MS. MAZZOLA:

I don't remember if he put them back or not.

374 MR. GOLDBERG:

But he did--but he did take them out and put them on the floor?

375 MS. MAZZOLA:

Yes.

376 MR. GOLDBERG:

Okay. You can take that down.

377 (Discussion held off the record between the Deputy District Attorneys.)
378 MR. GOLDBERG:

Do you know how the towels got on the floor?

379 MS. MAZZOLA:

No, I don't.

380 MR. GOLDBERG:

Okay. Now, after collecting item no. 12, what was the next item number that you collected, that was collected in your presence?

381 MS. MAZZOLA:

May I check my notes?

382 MR. GOLDBERG:

Yes.

383 (Brief pause.)
384 MS. MAZZOLA:

After item 12, item 13 was picked up.

385 MR. GOLDBERG:

And after item no. 13, what was picked up?

386 MS. MAZZOLA:

Item 14.

387 MR. GOLDBERG:

And who physically collected item no. 13?

388 MS. MAZZOLA:

Mr. Fung.

389 MR. GOLDBERG:

What time was item no. 14 collected?

390 MS. MAZZOLA:

Approximately 1640.

391 THE COURT:

And the record should reflect that Miss Mazzola is referring to her notes.

392 MR. GOLDBERG:

Yes.

393 MR. GOLDBERG:

And were you referring to the crime scene identification checklist?

394 MS. MAZZOLA:

Yes, I was.

395 MR. GOLDBERG:

Now, is there a time for 13 on that list or is it just 12 and 14?

396 MS. MAZZOLA:

Just 12 and 14.

397 MR. GOLDBERG:

Your Honor, I would just like to clarify something before I ask my next question.

398 THE COURT:

Yes. At the sidebar with the court reporter, please.

Temperature

procedural

Key Quotes (4)

Andrea Mazzola
No. Absolutely not.
Emphatic denial that she would hand the bloody eyeglass envelope to an ungloved Dennis Fung, directly rebutting a defense implication from the videotape footage.
Andrea Mazzola
The hat and the glove at Bundy were touching each other. They were not in two completely separate areas. They were in physical contact with each other.
Explains why she did not change gloves between collecting the two items — a key defense attack point about contamination protocol.
Andrea Mazzola
Because I was--just had a chance to glance at the notes as I was testifying... I looked at the wrong line.
Her explanation for why she gave an incorrect 4:00 PM return time at the Griffen hearing — humanizing the earlier error but also highlighting her unreliability under oath.
Andrea Mazzola
That's all there is to it.
Said after demonstrating glove collection technique — Goldberg using this to show the procedure is simple and within her competence despite being a trainee.

Evidence (9)

Defense 1081
Crime scene identification checklist for Bundy — in Mazzola's handwriting
discussed; used to establish who collected which stains and the 'scene altered?' notation
People's 77
The glove collected at Bundy crime scene
physically retrieved from sealed envelope by Mazzola on the stand; collection technique demonstrated
People's 78
Knit watch cap collected at Bundy
retrieved and replaced by Mazzola on the stand
Defense 1083
Videotape of Mazzola collecting hat and glove at Bundy
played in court; used to confirm Mazzola collected both items and they were in close proximity
People's 192
Videotape showing crime scene area with evidence cards 103, glove, and knit cap
played; used to show glove and cap were in physical contact when found
Defense 1082
Videotape showing Mazzola and Fung passing an item between them
played; Goldberg established the item was NOT the bloody eyeglass envelope and Fung was not wearing gloves
+ 3 more

Notable Exchanges (4)

Hank GoldbergAndrea Mazzola
Goldberg methodically rehabilitated Mazzola's Griffen hearing errors: she had testified she returned to Rockingham at '4 o'clock' and that item 12 was collected first — both wrong. Actual return was ~3:30, first item collected was no. 11 at 3:40, per her own handwritten notes. She attributed the errors to reading the wrong line on her notes while testifying.
rehabilitative/damage-control
Hank GoldbergAndrea Mazzola
On the Defense 1082 tape showing an item being passed between Mazzola and Fung, Goldberg elicited that it could not have been the bloody eyeglass envelope because Fung had no gloves and she would never pass biological evidence to an ungloved person.
strategic
Hank GoldbergAndrea Mazzola
Mazzola demonstrated live on the stand the proper technique for collecting and bagging a glove, using People's 77. Goldberg used this to establish her competence despite being a trainee.
demonstrative/rehabilitative
Lance A. ItoHank Goldberg
Judge Ito helpfully narrated what was on screen during videotape playback — 'It appears to be the step area, appears to be Mr. Fung wearing booties on the second and third steps' — assisting the record.
procedural

Light Moments (3)

Hank Goldberg
After Mazzola demonstrated glove collection and said 'That's all there is to it,' Goldberg echoed back 'That's all there is to it?' — a small moment of theater to underscore simplicity.
Lance A. Ito
When Mazzola asked for 'a knife or--' to open the sealed envelope, Judge Ito asked 'Do you have a preference?' A small courtroom levity moment.
Lance A. Ito
After Mazzola disposed of the butcher paper used during the glove demonstration, Ito helpfully pointed out 'There's a trash can right beside you.'

Credibility Attacks (2)

⚔ Andrea Mazzola
prior inconsistent statement
Goldberg himself surfaced and corrected Mazzola's Griffen hearing testimony — she had wrongly stated she returned to Rockingham at 4 PM and that item 12 was collected first; both were errors she attributed to reading the wrong line in her notes while testifying under oath.
⚔ Andrea Mazzola
prior inconsistent statement
At the Griffen hearing she testified all crime scene photographs had rulers/scales; she now admits she had never reviewed those photographs before testifying and some did not have scales.

Witness Demeanor

(Brief pause.) — multiple times during exhibit handling
(The witness complies.) — replacing exhibits in packaging
(Indicating) — while demonstrating glove collection technique and proximity of hat/glove
Record reflects Mazzola referring to notes multiple times while testifying

Objections

6 objections (1 sustained, 5 overruled)
Proceeding 5782 • 398 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 APR 20, 1995 📄 Direct examination of Andrea M
APR 20, 1995 KRT DvH TD