"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?
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?
And have you since had an occasion to think about yourself what happened at the scene and who did what?
And did you in fact do, other than on stain 55 and 56, the shoeprints, most of the physical swatching on the other stains?
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?
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?
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.
Did you since look at the crime--have you since had an opportunity to review the crime scene photographs?
Have you had an opportunity to review the crime scene photographs before testifying at the Griffen hearing?
And in reviewing the crime scene photographs, did you see a scale in every single one of the photographs?
All right. I'd like to direct your attention to an exhibit that we've previously marked as Defense 1081.
Miss Mazzola, do you recognize this to be part of the crime scene identification checklist for Bundy?
Now, do you see the notation that says was this scene--excuse me--"Has this scene been altered. If so, by whom and how"?
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.
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?
So would the criminalist perhaps ask questions about what happened prior to their arrival on the scene?
But when you say "Investigative work," what are you talking about when you use that term?
Actually talk to the individual people to find out if they personally had moved anything, where they had been.
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.
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.
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.
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.
Okay. And is that the paper bag into which the glove was placed at the Bundy location?
Now, have you had an opportunity to look at some videotapes showing yourself collecting a glove and also cap at the Bundy location?
Prior to seeing those videotapes, did you have an independent recollection of who collected those items?
Did you recall specifically who collected the glove prior to viewing the videotape?
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?
So had you been involved in the forensics science community then for approximately six years or so prior to collecting this glove?
How long have you been involved in the scientific community prior to collecting this glove?
Your Honor, object and move to strike. It's totally irrelevant whether she had contact.
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.
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).
And did you feel qualified to do that after being involved in the forensics science community for about six years?
Now, I would like to show you People's next exhibit, I think it's 78. It's the cap.
Can you now retrieve People's 78 for identification and show us what you're doing?
Okay. Removing the paper bag from the envelope, opening the bag and retrieving the hat.
Miss Mazzola, does there appear to be any trace evidence or anything that was left on that butcher paper?
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.
Could we have the lights dimmed a little bit? I think we can get better resolution that way.
Miss Mazzola, did Defense 1083 depict you at the crime scene collecting some evidence?
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 QUOTEOkay. 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?
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.
I would like to direct your attention to the dark area that is in approximately the middle of the screen.
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.
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?
Is this what you were referring to when you were saying they were in close proximity?
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).
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?
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?
Can you see that dark area that I directed your attention to on the first frame that we stopped on?
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.
Yes. It appears to be the step area, appears to be Mr. Fung wearing booties on the second and third steps.
Now, with respect to the area, the dark area that I directed your attention to, do you know what that was?
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?
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.
I'm showing you People's 32 for identification. Do you recognize what is in this envelope or this plastic baggie rather?
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?
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?
I picked up the envelope wearing gloves in a small relatively clean area and placed it in the bag and folded down the top.
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?
Now, perhaps we can see the clip of the tape that's previously been marked as Defense 1082.
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?
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.
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.
Do you know--why was it that the two of you didn't work in the cage simultaneously?
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.
And why is it that you would not hand an un-gloved criminalist a bloody piece of evidence?
What kinds of problems are you now concerned of, about as a criminalist in terms of dealing with biological evidence at a crime scene?
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.
Are criminalists in general pretty sensitive about the health issues that are involved in collecting biological evidence?
Now, do you recall at the Bundy location seeing any stains on a rear gate on the 13th?
Okay. Do you remember having a walk-through with a detective at the beginning of your collection procedure?
Do you know whether you went all the way back as--well, do you know where the rear gate is now?
Okay. When you went through the walk-through, did you go back as far as the rear gate?
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?
And what would you have done with the gloves that you had been wearing at the Bundy location when you left?
Before you left, did you do the same evidence inventory procedure that you've described?
And do you have--are you--do you have an independent recollection of exactly where that took place?
Not an exact recollection. I have an idea where it took place, but I can't be absolutely positive.
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?
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?
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.
And when you made that notation, how did you do it? Did you ask someone or look at your watch or what?
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.
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?
Because I was--just had a chance to glance at the notes as I was testifying.
KEY QUOTEAll right. Now, I would like to read you another passage that occurred just previously to that on page 757.
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?
So why did you think that item no. 12 was the first thing that you collected and that it was at 4 o'clock?
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.
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?
Okay. But based upon the crime scene identification checklist, was item no. 11 in fact the first stain that you collected in the afternoon?
All right. Now, did you in fact collect a stain no. 12 in the foyer area of Rockingham?
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?
All right. Now, after collecting this item from the foyer area, where did you go in the location?
We started making our way upstairs looking as we were going for any items of evidence.
All right. And did you also see the item that's depicted in the photographs that are labeled 14?
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.
Was that while you and criminalist Fung were in this master bathroom, master bedroom area?
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?
Okay. Now, after collecting item no. 12, what was the next item number that you collected, that was collected in your presence?
Your Honor, I would just like to clarify something before I ask my next question.
No. Absolutely not.
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.
Because I was--just had a chance to glance at the notes as I was testifying... I looked at the wrong line.
That's all there is to it.