Direct examination of Andrea Mazzola (part 4)

📄 Direct examination of Andrea Mazzola (part 4) — Thursday, April 20, 1995

Address:

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

TRIAL

▲ Day 60 of 167

◀ Sidebar: evidence collection Administrative matters ▶

Witness: Andrea Mazzola
Examiner: Hank Goldberg
Called by: Prosecution • Date: Thursday, April 20, 1995 • Utterances: 199

Goldberg continued direct examination of criminalist Andrea Mazzola, using the Rockingham beta videotape (People's 186) to establish the chain of custody and timeline of evidence collection on June 13. The central issue was reconciling Mazzola's prior Griffen hearing testimony — where she said she left Rockingham at approximately 1700 hours and that no other evidence was collected after items 15 and 16 — with the crime scene checklist showing item 17 (OJ's blood vial) was logged at 1720, which Mazzola had written herself but did not consult during the Griffen hearing.

# 1 MR. GOLDBERG:

Okay. Thank you. All right. And was there an item no. 15 and an item no. 16 that were collected? And just answer that yes or no.

# 2 MS. MAZZOLA:

Yes.

# 3 MR. GOLDBERG:

And what time were those items collected?

# 4 MS. MAZZOLA:

I thought at approximately 5 o'clock.

# 5 MR. GOLDBERG:

All right. And that was according to your crime scene identification checklist?

# 6 MS. MAZZOLA:

Correct.

# 7 MR. GOLDBERG:

May I just have one moment, your Honor?

# 8 THE COURT:

Certainly.

# 9 (Discussion held off the record between the Deputy District Attorney and Defense counsel.)

# 10 MR. GOLDBERG:

And can you tell us the location of where, using your crime scene identification checklist, these two items were located, just the location?

# 11 MS. MAZZOLA:

Correct.

# 12 MR. GOLDBERG:

First of 15 and then of 16.

# 13 MS. MAZZOLA:

15 was collected in a downstairs bathroom trash can, 16 was collected from a bench outside the front door.

# 14 MR. GOLDBERG:

Okay. Now, I'd like to show you another tape that we've marked as People's 186 and then I'm going to ask you some questions about it. If you'd take a look at it.

# 15 THE COURT:

Is this from Rockingham?

# 16 MR. GOLDBERG:

Yeah. It's the beta tape from Rockingham.

# 17 (At 11:37 A.M., People's exhibit 186, a videotape, was played.)

# 18 MR. GOLDBERG:

If we could just stop for one second. We're at frame 17:11.

# 19 MR. GOLDBERG:

So if we assume that this is correct, this would be 5:11?

# 20 MS. MAZZOLA:

Correct.

# 21 MR. GOLDBERG:

And in this scene, what are you and criminalist Fung doing?

# 22 MS. MAZZOLA:

We are putting items of evidence in the back of the crime scene truck.

# 23 MR. GOLDBERG:

And would these be the items of evidence that you had collected in the afternoon at Rockingham?

# 24 MS. MAZZOLA:

That's correct.

# 25 MR. GOLDBERG:

Now, are you placing anything in addition to the evidence itself in the truck at this time?

# 26 MS. MAZZOLA:

Our kits.

# 27 MR. GOLDBERG:

And what are your kits?

# 28 MS. MAZZOLA:

They are two cases that contain things we need to pick up evidence, package it at the scene.

# 29 MR. GOLDBERG:

Do those contain all of your packaging materials?

# 30 MS. MAZZOLA:

Yes, they do.

# 31 MR. GOLDBERG:

And in addition to the bags, the brown paper bags that we've seen, what other kinds of packaging materials do you have?

# 32 MS. MAZZOLA:

Plastics, bags, coin envelopes of varying sizes.

# 33 MR. GOLDBERG:

Okay. So at this point in time, those items are being placed in the rear of the crime scene truck?

# 34 MS. MAZZOLA:

That's correct.

# 35 MR. GOLDBERG:

And would this have been after you did the inventory for the afternoon items?

# 36 MS. MAZZOLA:

Yes.

# 37 MR. GOLDBERG:

Do you know where physically that inventory took place?

# 38 MS. MAZZOLA:

I don't know for sure, no.

# 39 MR. GOLDBERG:

Okay. Let's continue.

# 40 THE COURT:

All right. Just for the record, that's 17:11 actually and 50 seconds because there's a lot in between.

# 41 MR. GOLDBERG:

Okay. Thank you, your Honor. If you could just stop for another second. So this is 17:11:57:02 that we're looking at.

# 42 MR. GOLDBERG:

Did you just lock the crime scene truck?

# 43 MS. MAZZOLA:

Yes.

# 44 MR. GOLDBERG:

So at this time, where is all of the evidence that was collected from the morning at Rockingham?

# 45 MS. MAZZOLA:

In the back of the truck.

# 46 MR. GOLDBERG:

And all of the evidence that was collected at Bundy?

# 47 MS. MAZZOLA:

In the back of the truck.

# 48 MR. GOLDBERG:

And what about the evidence that was collected in the afternoon?

# 49 MS. MAZZOLA:

In the back of the truck.

# 50 MR. GOLDBERG:

Okay. Let's continue. If we could stop for just a second. I have another--I have a question.

# 51 MR. GOLDBERG:

And the crime scene identification checklist that we've been referring to, where is that at this time as you and Mr. Fung are walking away from the--

# 52 MS. MAZZOLA:

That is also on the back of the truck.

# 53 MR. GOLDBERG:

Let's continue. Let's stop for a second. We've just stopped at 17:17:10:24.

# 54 MR. GOLDBERG:

Miss Mazzola, have you had an opportunity to look at this tape before?

# 55 MS. MAZZOLA:

Yes, I have.

# 56 MR. GOLDBERG:

And have you had an opportunity to take a look, a close look at the item that Detective Vannatter is holding in his hands?

# 57 MS. MAZZOLA:

Yes.

# 58 MR. GOLDBERG:

What does that appear to be?

# 59 MS. MAZZOLA:

It appears to be the gray envelope that--at least in toxicology, that our samples arrive at the lab in, be it urine or blood.

# 60 MR. GOLDBERG:

You say in toxicology you see these envelopes?

# 61 MS. MAZZOLA:

Every day.

# 62 MR. GOLDBERG:

I would just like to show you what we've marked previously as People's 163-h for identification.

# 63 MR. GOLDBERG:

If I may approach.

# 64 THE COURT:

Yes.

# 65 MR. GOLDBERG:

Can you show us the--hold up the envelope of the type that you work with every day in serology--excuse me--in toxicology?

# 66 MS. MAZZOLA:

It's this one (Indicating).

# 67 MR. GOLDBERG:

She's referring to the darker of the gray envelopes.

# 68 THE COURT:

Yes.

# 69 MR. GOLDBERG:

Thank you. Let's continue. Let's just stop for a moment.

# 70 MR. GOLDBERG:

Now, when you're working with these envelopes in toxicology every day, are these the kinds of envelopes that are used to contain suspects' blood?

# 71 MS. MAZZOLA:

Yes.

# 72 MR. GOLDBERG:

Or urine?

# 73 MS. MAZZOLA:

That's correct.

# 74 MR. GOLDBERG:

All right. Let's continue. Okay. Let's stop for a second. We've just stopped at 17:20:57:02.

# 75 MR. GOLDBERG:

Now, before we stopped, did you see two shots or two segments showing some activity in the foyer area of the Rockingham location?

# 76 MS. MAZZOLA:

Yes.

# 77 MR. GOLDBERG:

Do you know where you were when that was occurring?

# 78 MS. MAZZOLA:

I was in the living room sitting down.

# 79 MR. GOLDBERG:

Okay. And did--what was it that appeared to be in Mr. Fung's hands in this videotape?

# 80 MS. MAZZOLA:

It appeared to be--

# 81 MR. NEUFELD:

Objection, your Honor, as to what her opinion of what appears in the videotape when she's not even present and her opinion is no better than the jurors.

# 82 THE COURT:

Overruled.

# 83 MS. MAZZOLA:

It appears to be an envelope similar to the gray envelope.

# 84 MR. GOLDBERG:

And at this time, did either you or Mr. Fung have any of the packaging materials that you--from your crime scene truck from the kits?

# 85 MS. MAZZOLA:

No.

# 86 MR. NEUFELD:

Objection, your Honor. She wasn't present. She can't say what Mr. Fung had.

# 87 THE COURT:

Overruled.

# 88 MS. MAZZOLA:

No.

# 89 THE COURT:

Let me see counsel without the reporter at sidebar, please.

# 90 (A conference was held at the bench, not reported.)

# 91 (The following proceedings were held in open court:)

# 92 THE COURT:

Thank you. Thank you, counsel. Proceed.

# 93 MR. GOLDBERG:

Was there any other item of evidence that you collected or saw being collected after 5:11?

# 94 MS. MAZZOLA:

No.

# 95 MR. GOLDBERG:

That was consistent with those shots?

# 96 MS. MAZZOLA:

No.

# 97 MR. GOLDBERG:

Okay. Can we continue now? Let's just stop for a second.

# 98 MR. GOLDBERG:

Have you had the opportunity to see this portion of the tape where you and Mr. Fung are leaving the location prior to today?

# 99 MS. MAZZOLA:

Yes.

# 100 MR. GOLDBERG:

And for the record, we've stopped on 17:42:54:13.

# 101 MR. GOLDBERG:

Now, did you have the opportunity when you looked at this tape to look at the amount of heft or size of whatever is in the plastic bag?

# 102 MS. MAZZOLA:

After viewing the tapes, yes.

# 103 MR. GOLDBERG:

And was there anything that you collected or was collected in your presence after 5:11 that was consistent with that other than the analyzed evidence envelope?

# 104 MS. MAZZOLA:

No.

# 105 MR. NEUFELD:

Objection, your Honor.

# 106 THE COURT:

Foundation?

# 107 MR. NEUFELD:

First of all, it's a leading question.

# 108 THE COURT:

Sustained. Rephrase the question. The jury is to disregard the answer.

# 109 MR. GOLDBERG:

Did you collect anything or was anything collected in your presence after 5:11 that was consistent with the size of what was in that envelope--excuse me--bag?

# 110 MS. MAZZOLA:

No.

# 111 MR. GOLDBERG:

And when you were carrying the bag out--well, strike that.

# 112 MR. GOLDBERG:

Okay. Let's continue.

# 113 (At 11:50 A.M., the playing of the videotape was concluded.)

# 114 MR. GOLDBERG:

Now, you said after the Griffen hearing, you had a conversation with Mr. Fung where you went over to collect--

# 115 MR. NEUFELD:

Objection as to that he went over and had a conversation.

# 116 THE COURT:

Overruled. That's already been testified to.

# 117 MR. GOLDBERG:

--where you went over, what had been collected and who did it?

# 118 MS. MAZZOLA:

Right.

# 119 MR. GOLDBERG:

Do you remember any conversation about item no. 17, the vial of blood?

# 120 MS. MAZZOLA:

I honestly can't remember if we had a conversation or not.

# 121 MR. GOLDBERG:

Did that in your mind appear to be a significant incident, the circumstances surrounding the collection of or the receipt of that item?

# 122 MS. MAZZOLA:

No.

# 123 MR. GOLDBERG:

Why didn't it seem to be significant?

# 124 MS. MAZZOLA:

The laboratory receives samples of suspect's blood or urine all the time. It was nothing unusual.

KEY QUOTE

# 125 MR. GOLDBERG:

Did you make it a point when you were getting ready to leave the Rockingham location after 5 o'clock to make a mental note of everything that was happening and the sequence in which it was happening?

# 126 MS. MAZZOLA:

Not really, no.

# 127 MR. GOLDBERG:

Or make a mental note of the time that things were happening after 5 o'clock?

# 128 MS. MAZZOLA:

Not really, no.

# 129 MR. GOLDBERG:

Did you have any idea that those circumstances were going to be raised as issues later on in a case?

# 130 MS. MAZZOLA:

No.

# 131 MR. GOLDBERG:

Your Honor, I'd like to read from the Griffen hearing transcript. It's at page 762.

# 132 THE COURT:

At what line, counsel?

# 133 MR. GOLDBERG:

It's line 1 on 762 through line 7 on 763.

# 134 THE COURT:

Mr. Neufeld?

# 135 MR. GOLDBERG:

I didn't hear what he said.

# 136 MR. NEUFELD:

I said I'm reading.

# 137 THE COURT:

He's reading.

# 138 MR. GOLDBERG:

I want to ask you whether at the Griffen hearing you gave the following answers to the following questions. "Question:" Oh, excuse me. At 761, line 25, where it starts: "Question: And what happened? What time did you finally leave Rockingham for the second time? "Answer: Let me check my notes. Approximately 1700 hours. "Question: That's the time that you left Rockingham approximately? "Answer: Approximately. "Question: Can you just tell me what the source of that approximation is, ma'am? "Answer: From one of the last items that was picked up on our way out. "Question: And which item was that that was the last item picked out? "Answer: It was sample item 16. "Question: And what time was it picked up? "Answer: Approximately 1700 hours.

"Question: And is it your recollection, ma'am, that as soon as you picked up that item, that you and Mr. Fung left the premises? "Answer: It was a little bit after that. "Question: When you say a little bit after, do you mean five minutes or are we talking about as much as half an hour? "Answer: Not as much as half an hour. "Question: So it'd just be a few minutes? "Answer: Yes. "Question: Were you with Mr. Fung the entire time after you picked up that last item at 1700 hours until you departed for your next destination? "Answer: I believe I was. Yes. "Question: And was anything else, was any other evidence collected after that last item before you actually left Rockingham? "Answer: No. "No other item? "Answer: No. "No other items were logged in? "No." Do you remember that testimony?

# 139 MS. MAZZOLA:

Yes.

# 140 MR. GOLDBERG:

Okay. Now, why did you testify that you left at approximately 1700 hours at the Griffen hearing?

# 141 MS. MAZZOLA:

Because that's what I thought the time was after we picked up the last two items that I personally saw.

# 142 MR. GOLDBERG:

And when you were referring to something at the Griffen hearing, when you testified to that, what were you referring to?

# 143 MS. MAZZOLA:

As to where I got the time or--

# 144 MR. GOLDBERG:

Yeah.

# 145 MS. MAZZOLA:

The crime scene checklist.

# 146 MR. GOLDBERG:

Okay. And did you look on the crime scene checklist--

# 147 MR. GOLDBERG:

Perhaps we could have that item. I believe it's 1007. 1107 rather.

# 148 (Brief pause.)

# 149 MR. GOLDBERG:

Taking a look at the crime scene identification checklist, it's 1107, do you recognize this document?

# 150 MS. MAZZOLA:

Yes.

# 151 MR. GOLDBERG:

Now, when was this created? Was this created on the 13th or after the 13th?

# 152 MS. MAZZOLA:

After the 13th.

# 153 MR. GOLDBERG:

Okay. When you were answering the questions at the Griffen hearing as to when you left, did you look at this page?

# 154 MS. MAZZOLA:

No.

# 155 MR. GOLDBERG:

And this page indicates that item no. 17 was recovered at 1720?

# 156 MS. MAZZOLA:

That's what it says, yes.

# 157 MR. GOLDBERG:

Is that your handwriting, the 1720?

# 158 MS. MAZZOLA:

The 1720 is, yes.

# 159 MR. GOLDBERG:

And that's 5:20?

# 160 MS. MAZZOLA:

Right.

# 161 MR. GOLDBERG:

So had you looked at this page when you were testifying at the Griffen hearing, would you have testified differently?

# 162 MS. MAZZOLA:

Yes.

# 163 MR. GOLDBERG:

And what would you have testified to?

# 164 MS. MAZZOLA:

That we--

# 165 MR. NEUFELD:

Objection as to what she would have testified to.

# 166 THE COURT:

Sustained.

# 167 MR. GOLDBERG:

Objection as to what?

# 168 THE COURT:

Speculation. Sustained.

# 169 MR. GOLDBERG:

Okay. Now--now, as to the question that you were asked at the Griffen hearing about your recollection, that as soon as you picked up that item, that you and Mr. Fung left the premises, when you say you think it was a little bit after that, what was that recollection based on?

# 170 MS. MAZZOLA:

Which item are you--

# 171 MR. GOLDBERG:

You were asked whether you left after you collected 15 and 16, and you said it was a little bit after that.

# 172 MS. MAZZOLA:

Right.

# 173 MR. GOLDBERG:

What was that recollection based on?

# 174 MS. MAZZOLA:

The fact that Mr. Fung spent some time talking to the detectives. So it would have been after that.

# 175 MR. GOLDBERG:

What were you doing in that interval between the time that you got back to the location after locking everything in your crime scene truck and when you came out with the plastic bag?

# 176 MS. MAZZOLA:

For a short time, I was with Mr. Fung and the detectives and the photographer. After a while, the photographer and I went into the living room and sat down.

# 177 MR. GOLDBERG:

And what was your mental state at that time?

KEY QUOTE

# 178 MS. MAZZOLA:

Exhaustion.

# 179 MR. GOLDBERG:

Did you have a clear sense of how much time was going by when you were sitting down on the couch?

# 180 MS. MAZZOLA:

No.

# 181 MR. GOLDBERG:

And when you testified that you believed--when you were asked whether you were with Mr. Fung the entire time between 1700 hours until you departed and you said that you believed that you were, what was the basis of that belief?

# 182 MS. MAZZOLA:

It was--felt like a few minutes. Didn't feel like a long time at all.

KEY QUOTE

# 183 MR. GOLDBERG:

Now, were any other items logged in on the 13th after 15 and 16?

# 184 MS. MAZZOLA:

As to having been received on the 13th?

# 185 MR. GOLDBERG:

In other words, on the 13th, did you or Mr. Fung in your presence make any paperwork on the crime scene identification checklist, logging in any item after 16?

# 186 MS. MAZZOLA:

No.

# 187 MR. GOLDBERG:

And that was done on the 14th?

# 188 MS. MAZZOLA:

I believe so, yes.

# 189 MR. GOLDBERG:

All right. And why was it that that was done on the 14th?

# 190 MS. MAZZOLA:

Because our checklist was locked in the back of the truck. After we were done and ready to leave Rockingham, we had to get back to the lab to prepare the other evidence.

# 191 MR. GOLDBERG:

At some point after leaving the location for the last time on the 13th, did Mr. Fung say anything to you regarding a vial of blood from the Defendant?

# 192 MR. NEUFELD:

Objection, your Honor.

# 193 THE COURT:

Sustained.

# 194 MR. GOLDBERG:

Is that hearsay?

# 195 THE COURT:

Yes, it is.

# 196 MR. GOLDBERG:

Fine.

# 197 THE COURT:

Why don't we take our noon recess at this time. Ladies and gentlemen, we're going to take our recess for the lunch hour. Please remember my admonitions to you; don't discuss the case amongst yourselves, don't form any opinions about the case, don't conduct any deliberations until the matter has been submitted to you, do not allow anybody to communicate with you with regard to the case. We'll stand in recess until 1:30. Miss Mazzola, you may step down. You are ordered to return at 1:30. All right. Thank you.

# 198 (At 12:00 P.M., the noon recess was taken until 1:30 P.M. Of the same day.)

# 199 (Appearances as heretofore noted.)

Temperature

tense

Key Quotes (4)

Andrea Mazzola

The laboratory receives samples of suspect's blood or urine all the time. It was nothing unusual.

Prosecution's explanation for why Mazzola didn't mentally flag the blood vial collection as significant — undermining defense insinuation that the vial's handling was suspicious.

Andrea Mazzola

After the 13th.

Mazzola confirms the crime scene identification checklist was created after June 13, which the defense used to suggest records were reconstructed rather than contemporaneous.

Andrea Mazzola

What was your mental state at that time? Exhaustion.

Prosecution's explanation for gaps in Mazzola's recollection — she was exhausted at the end of a long day, not covering anything up.

Andrea Mazzola

It was--felt like a few minutes. Didn't feel like a long time at all.

Explains the discrepancy between her Griffen testimony (believed she was with Fung the whole time) and the videotape showing roughly 20+ minutes between items 16 and departure.

Evidence (6)

People's 186

Beta videotape of Rockingham crime scene on June 13

played in court, used to establish timeline and show Vannatter holding gray envelope and Fung holding similar envelope in foyer

People's 163-h

Gray toxicology envelope of the type used to transport suspect blood/urine samples

shown to witness for identification; Mazzola identified the darker gray envelope as matching what she sees in toxicology daily

People's 1107

Crime scene identification checklist

discussed; shows item 17 (blood vial) logged at 1720, in Mazzola's handwriting, which she did not consult during Griffen hearing testimony

Informal

Item 17 — vial of OJ Simpson's blood

discussed in context of chain of custody and timeline discrepancy

Informal

Items 15 and 16 — collected from downstairs bathroom trash can and bench outside front door respectively

discussed as last logged items before departure, forming basis of Mazzola's Griffen hearing timeline

Informal

Griffen hearing transcript, pages 761-763

read into record by Goldberg to establish prior testimony for comparison

Notable Exchanges (3)

Hank Goldberg•Andrea Mazzola

Goldberg reads Mazzola's Griffen hearing testimony at length, establishing she testified no evidence was collected after items 15/16 and that she believed she was with Fung the entire time — then walks her through how those answers were based on incomplete information (not consulting the checklist page showing item 17 at 1720).

strategic

Peter Neufeld•Lance A. Ito

Neufeld objects to Goldberg asking what Mazzola would have testified to had she seen the checklist page; Ito sustains on speculation grounds.

procedural

Peter Neufeld•Lance A. Ito•Hank Goldberg

Goldberg attempts to elicit what Fung told Mazzola about the blood vial after leaving Rockingham; Neufeld objects as hearsay and Ito sustains, prompting a momentary clarification exchange.

procedural

Credibility Attacks (1)

⚔ Andrea Mazzola

prior inconsistent statement

Defense (via Goldberg rehabilitating preemptively) highlighted that Mazzola testified at the Griffen hearing that no evidence was collected after 1700 hours and that she was with Fung the entire time — both statements contradicted by the checklist showing item 17 logged at 1720 and videotape showing activity in the foyer. Goldberg's direct examination is structured to explain these away before cross.

Objections

8 objections (3 sustained, 3 overruled)

Proceeding 5784 • 199 utterances • Prosecution witness

Criminal Trial

Department 103