Direct examination of Andrea Mazzola (part 5)

📄 Direct examination of Andrea Mazzola (part 5) — Thursday, April 20, 1995

Address:

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

TRIAL

▲ Day 60 of 167

◀ Afternoon jury recall Sidebar: witness hearsay ▶

Witness: Andrea Mazzola
Examiner: Hank Goldberg
Called by: Prosecution • Date: Thursday, April 20, 1995 • Utterances: 192

Andrea Mazzola continued her direct examination covering her fatigue after 12 hours of work at the crime scene, the lab's evidence drying procedures for blood swatches, and a detailed walkthrough of documentation discrepancies on the crime scene identification checklist for items 17, 18, and 19. Key testimony revealed erasures on official forms and that item numbers were reordered at Fung's direction to keep them in chronological sequence for administrative convenience.

# 1 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. All right. Ms. Mazzola, will you retake the witness stand.

Andrea Mazzola, the witness on the stand at the time of the noon recess, resumed the stand and testified further as follows:

# 2 THE COURT:

The record should reflect that we have been rejoined by all the members of our jury panel. Good afternoon, ladies and gentlemen.

THE JURY: Good afternoon.

# 3 THE COURT:

Miss Andrea Mazzola is again on the witness stand on direct examination by Mr. Goldberg. Good afternoon, Miss Mazzola.

# 4 MS. MAZZOLA:

Good afternoon.

# 5 THE COURT:

You are reminded you are still under oath.

# 6 MR. GOLDBERG:

Thank you. Good afternoon, ladies and gentlemen.

THE JURY: Good afternoon.

DIRECT EXAMINATION (RESUMED) BY MR. GOLDBERG

# 7 MR. GOLDBERG:

We were talking about when you left the Rockingham location and you were explaining why it was that when you went into the vehicle you didn't continue filling out the crime scene identification checklist and I was unclear on that. What was the reason?

# 8 MS. MAZZOLA:

Because the identification checklist was in the back of the truck.

# 9 MR. GOLDBERG:

Okay. Now, when you got back to the laboratory approximately what time did you arrive?

# 10 MS. MAZZOLA:

Approximately 6:30 or so, somewhere in there, quarter after 6:00.

# 11 MR. GOLDBERG:

Okay. And did you fill out the--continue filling out the crime scene identification checklist then?

# 12 MS. MAZZOLA:

No.

# 13 MR. GOLDBERG:

What was your priority when you were back at the laboratory?

# 14 MS. MAZZOLA:

The main priority was to get the swatches which were collected at the scenes to be drying.

# 15 MR. GOLDBERG:

All right. Now, I will get into that in just a second, but I wanted to ask a few clarifying questions. When you were sitting on the couch at the Rockingham location, before you left, I guess this would have been after 5:11?

# 16 MS. MAZZOLA:

Uh-huh.

# 17 MR. GOLDBERG:

Were your eyes opened or closed?

# 18 MS. MAZZOLA:

I believe they were closed.

# 19 MR. GOLDBERG:

At what point did you close your eyes?

# 20 MS. MAZZOLA:

Probably the second I sat down.

# 21 MR. GOLDBERG:

Do you--did you fall asleep?

# 22 MS. MAZZOLA:

No, I wasn't asleep.

# 23 MR. GOLDBERG:

And did you lose track of time when you were sitting on the couch?

# 24 MS. MAZZOLA:

Yes.

# 25 MR. GOLDBERG:

Were you tired at that point in time?

# 26 MS. MAZZOLA:

Yes, I was.

# 27 MR. GOLDBERG:

Why was that?

# 28 MS. MAZZOLA:

Because we had been up on our feet working constantly for twelve solid hours.

KEY QUOTE

# 29 MR. GOLDBERG:

Okay. Now, you said on direct examination, when I was asking you about collecting the glove and the watch cap--the cap, that they were in close proximity or touching.

# 30 MS. MAZZOLA:

Uh-huh.

# 31 MR. GOLDBERG:

Which was it?

# 32 MS. MAZZOLA:

Reviewing photographs, they were in very close proximity to each other.

# 33 MR. GOLDBERG:

Okay. What was the significance again of them being in close proximity?

# 34 MS. MAZZOLA:

Well, since they were so close, chances are that any trace evidence would have been on one, the on other. They were not separated by any great distance to preserve trace evidence, just located on one and not the other.

# 35 MR. GOLDBERG:

Were they close enough so that you could not foreclose the possibility that at some point they had come into contact?

# 36 MS. MAZZOLA:

They were that close.

KEY QUOTE

# 37 MR. GOLDBERG:

And when two items come into contact, is that typically how transfers of trace evidence occur?

# 38 MS. MAZZOLA:

Yes.

# 39 MR. GOLDBERG:

Now, when you got back to the laboratory and you began the drying process, what role, if any, did you play in the drying process?

# 40 MS. MAZZOLA:

At first I started helping Mr. Fung by preparing a few of the items for drying, taking them out and putting them in the labeled test-tubes, but he was much faster than I was, so he suggested I just label the tubes for him.

# 41 MR. GOLDBERG:

Are you familiar with the technique that Mr. Fung uses to remove the swatches from the plastic baggies and put them into the test-tubes?

# 42 MS. MAZZOLA:

I know which method he uses.

# 43 MR. GOLDBERG:

And that is that?

# 44 MS. MAZZOLA:

He places the test-tube near the opening of the mouth of the bag and uses the bag to push the swatches into the test-tube.

KEY QUOTE

# 45 MR. GOLDBERG:

By manipulating from the outside of the bag?

# 46 MS. MAZZOLA:

Right.

# 47 MR. GOLDBERG:

Now, do you use the same technique?

# 48 MS. MAZZOLA:

No. I was not that good. I would use disposable pipettes, glass pipettes and I would put the pipette into the bag and bring the swatches into the test-tube and throw the way the pipette.

# 49 MR. GOLDBERG:

Did you throw away the pipette for each sample?

# 50 MS. MAZZOLA:

Yes.

# 51 MR. GOLDBERG:

Do you know whether you did more than one this way?

# 52 MS. MAZZOLA:

I think I did more than one, yes.

# 53 MR. GOLDBERG:

And if you uses the glass pipette on the sample and you then go to the control, do you use the same glass pipette?

# 54 MS. MAZZOLA:

No.

# 55 MR. GOLDBERG:

So you use a different glass pipette for the sample and then a different glass pipette for the control?

# 56 MS. MAZZOLA:

Correct.

# 57 MR. GOLDBERG:

Do you recall exactly how many you did before you stopped doing them?

# 58 MS. MAZZOLA:

No, I don't.

# 59 MR. GOLDBERG:

But you think it may have been more than one?

# 60 MS. MAZZOLA:

More than one, yes.

# 61 MR. GOLDBERG:

And what did you do after you stopped actually helping out in the drying process by putting the items into the test-tubes?

# 62 MS. MAZZOLA:

I started labeling the test-tubes for Mr. Fung.

# 63 MR. GOLDBERG:

And was he then doing the physical manipulations and getting the swatches from the plastic baggies into the test-tubes?

# 64 MS. MAZZOLA:

Yes, he was.

# 65 MR. GOLDBERG:

When you and Mr. Fung were working together in this process, did you do it in an assembly line fashion with all of the items laid out or was it one at a time?

# 66 MS. MAZZOLA:

One item was worked on at a time.

# 67 MR. GOLDBERG:

And after the items were placed in their test-tubes, were they placed in the coin envelope?

# 68 MS. MAZZOLA:

Yes. The test-tubes were placed back in the coin envelope.

# 69 MR. GOLDBERG:

And then where did they go? I mean after this whole process is over where did they go?

# 70 MS. MAZZOLA:

Okay. They were placed in a cardboard box lid lying down single layer. The box lids were then placed in a cabinet which we use just for drying the cloth swatches.

# 71 MR. GOLDBERG:

And approximately what time would you say you left that evening, if you know?

# 72 MS. MAZZOLA:

Offhand, I don't know.

# 73 MR. GOLDBERG:

All right. When you left that evening, did you have to take Mr. Fung anywhere?

# 74 MS. MAZZOLA:

Yes.

# 75 MR. GOLDBERG:

Where was that?

# 76 MS. MAZZOLA:

I had to take him back to the firearms section to get his car.

# 77 MR. GOLDBERG:

Okay. Now, directing your attention to the next day, June the 14th of 1994, did you enter the evidence processing room that morning?

# 78 MS. MAZZOLA:

Yes, I did.

# 79 MR. GOLDBERG:

And for what purpose did you enter the evidence processing room?

# 80 MS. MAZZOLA:

To go to work. We had to process--finish processing the swatches.

# 81 MR. GOLDBERG:

Were you present at a time when Mr. Fung removed some evidence from item no. 9, the glove that was found at the Rockingham location?

# 82 MS. MAZZOLA:

I was in the same room, yes.

# 83 MR. GOLDBERG:

Okay. And were you present later in the morning when Mr. Yamauchi from the crime lab came in and took some samples?

# 84 MS. MAZZOLA:

Yes.

# 85 MR. GOLDBERG:

And did you see how he took the sample?

# 86 MR. NEUFELD:

Sorry, your Honor, objection. Sample of what? Vague.

# 87 THE COURT:

Vague. Sustained.

# 88 MR. GOLDBERG:

Did he take some samples of some of the items that came from the Bundy location?

# 89 MS. MAZZOLA:

I believe he did.

# 90 MR. GOLDBERG:

And did he take them out of the room or work with them in the room?

# 91 MS. MAZZOLA:

They were worked on in the room.

# 92 MR. GOLDBERG:

Now, that morning did you continue filling out the documentation, specifically the crime scene identification checklist?

# 93 MS. MAZZOLA:

Yes.

# 94 MR. GOLDBERG:

I would like to take another look back at 1107 for identification.

# 95 (Brief pause.)

# 96 MR. GOLDBERG:

This is the rear of the field notes that list items 17, 18 and 19 on it.

# 97 (Brief pause.)

# 98 MR. GOLDBERG:

Did you find them?

# 99 MR. NEUFELD:

Yes, thank you.

# 100 MR. GOLDBERG:

Miss Mazzola, directing your attention to this page of the exhibit that has been marked 1107 for identification, do you recognize that?

# 101 MS. MAZZOLA:

Yes.

# 102 MR. GOLDBERG:

What is it?

# 103 MS. MAZZOLA:

They are notes in my handwriting regarding items 17, 18 and 19.

# 104 MR. GOLDBERG:

And was this created on the morning of the 14th?

# 105 MS. MAZZOLA:

Yes.

# 106 MR. GOLDBERG:

And how did it come into being?

# 107 MS. MAZZOLA:

Mr. Fung had received item 17--

# 108 MR. NEUFELD:

Objection, your Honor. Hearsay. She is not testifying from what she personally observed.

# 109 THE COURT:

Overruled. Rephrase the question.

# 110 MR. GOLDBERG:

All right. Were you directed to make this document or did you do it on your own?

# 111 MS. MAZZOLA:

I was directed to make this document.

# 112 MR. GOLDBERG:

And what were you directed to do?

# 113 MS. MAZZOLA:

To write down the item numbers and a brief description of what each item number was.

# 114 MR. GOLDBERG:

Was that Mr. Fung that told you to do that?

# 115 MS. MAZZOLA:

Yes.

# 116 MR. GOLDBERG:

Did he give you any specifics in terms of what form he wanted you to put it on?

# 117 MS. MAZZOLA:

Not--

# 118 MR. GOLDBERG:

At this time?

# 119 MS. MAZZOLA:

At this time, no.

# 120 MR. GOLDBERG:

All right. So what is it that you wrote it down on?

# 121 MS. MAZZOLA:

It was the back of the page of the field notes.

# 122 MR. GOLDBERG:

All right. And are these the items, that you wrote at that time in the morning, down on this page?

# 123 MS. MAZZOLA:

Yes.

# 124 MR. GOLDBERG:

At some point did you show this document to Mr. Fung or did he see it?

# 125 MS. MAZZOLA:

He saw it.

# 126 MR. GOLDBERG:

And as a result of that, did you then generate another document?

# 127 MS. MAZZOLA:

Yes.

# 128 MR. GOLDBERG:

And why did you do that?

# 129 MS. MAZZOLA:

Because he wanted it placed on one of the forms that we use, the front face of the field notes.

# 130 MR. GOLDBERG:

Okay. Is the form that we are looking at now an official Los Angeles Police Department form that is used for these purposes or is it just a blank piece of paper on the reverse of--

# 131 MS. MAZZOLA:

It is just the reverse of a piece of paper.

# 132 MR. GOLDBERG:

Okay. So he wanted it on what form?

# 133 MS. MAZZOLA:

On one of the evidence collection sheets.

# 134 (Discussion held off the record between the Deputy District Attorneys.)

# 135 MR. GOLDBERG:

I would now like to take a look at will 1107 and it has sample item 18, 17 and 19.

# 136 (Brief pause.)

# 137 MR. GOLDBERG:

Now, is this exhibit part of the official crime scene identification checklist type form that you use when you are out in the field generally?

# 138 MS. MAZZOLA:

Yes.

# 139 MR. GOLDBERG:

All right. And did you create parts of this exhibit?

# 140 MS. MAZZOLA:

Yes, I did.

# 141 MR. GOLDBERG:

Can you distinguish between the different kind of handwriting on there and tell us which is yours and which isn't?

# 142 MS. MAZZOLA:

The sample item no. 18, 17, 19, are mine. The "Received--received in serology" under 18 is mine. 17, the location of item "Received from Vannatter" is Mr. Fung's writing. My writing is the writing under the "Item collected" for that item number, and Mr. Fung's writing is "Removed from." Mine is "Item 9" and his is the "Hairs and fibers."

# 143 MR. GOLDBERG:

Okay. Now, did you do this document on your own initially or did Mr. Fung do it together with you?

# 144 MS. MAZZOLA:

Initially it was mine.

# 145 MR. GOLDBERG:

And then did you call Mr. Fung's attention to it?

# 146 MS. MAZZOLA:

Yes, I did.

# 147 MR. GOLDBERG:

Now, when you put in the time for item no. 17, 17:20--that is what it says, 17:20, where did you get that from?

# 148 MS. MAZZOLA:

From Mr. Fung.

# 149 MR. GOLDBERG:

Is that 5:20?

# 150 MS. MAZZOLA:

Yes.

# 151 MR. GOLDBERG:

It came from him and not an analyzed--and not an analyzed envelope or another piece of paper?

# 152 MS. MAZZOLA:

He told me. I don't--that is all I know.

# 153 MR. GOLDBERG:

And where did you get the time nine o'clock for the "Removed item 9, 19"?

# 154 MS. MAZZOLA:

That I glanced at the clock while he was working on it.

# 155 MR. GOLDBERG:

And what about the 8:30 time for the "Received" for item no. 18?

# 156 MS. MAZZOLA:

That was from Mr. Fung.

# 157 MR. GOLDBERG:

Okay. Were you present when any pair of sneakers was handed over?

# 158 MS. MAZZOLA:

No.

# 159 MR. GOLDBERG:

So after you created this document and then brought it to Mr. Fung's attention, what happened?

# 160 MS. MAZZOLA:

He wanted the numbers--sample item numbers changed.

KEY QUOTE

# 161 MR. GOLDBERG:

And why was that?

# 162 MS. MAZZOLA:

He wanted to keep the items in chronological order as they had been received.

# 163 MR. GOLDBERG:

And based upon your own experience as a criminalist, is there any advantage to doing that in terms of other reports that need to be done, such as property reports?

# 164 MS. MAZZOLA:

Well, when they are kept in chronological order as to the day they were received, on the property reports you can put all of the items received on the same day on the property report. If they were out of order, you would have to generate a new property report for each item.

# 165 MR. GOLDBERG:

Okay. So was this done in order to cut down on the number of property reports that would be necessary?

# 166 MS. MAZZOLA:

Yes.

# 167 MR. GOLDBERG:

Your Honor, may I approach the witness, so that she can look at the document itself?

# 168 THE COURT:

Yes.

# 169 MR. GOLDBERG:

Thank you.

# 170 (Brief pause.)

# 171 THE COURT:

Either counsel, when they are examining or during cross-examination, may approach without asking permission.

# 172 MR. GOLDBERG:

Directing your attention back to item no. 19, there appear to be some erasures under there. Do you know what was originally said?

# 173 MS. MAZZOLA:

Let's see. Looks like it is "Hairs and fibers" and then "Found on item no. 9."

# 174 MR. GOLDBERG:

And now it says, "Removed from item no. 9"?

# 175 MS. MAZZOLA:

Correct.

# 176 MR. GOLDBERG:

And the printing that says "Removed from item no. 9"--well, excuse me. The "Removed from," whose printing is that?

# 177 MS. MAZZOLA:

The removed from is Mr. Fung.

# 178 MR. GOLDBERG:

And "Item no. 9"?

# 179 MS. MAZZOLA:

That is nine.

# 180 MR. GOLDBERG:

Now, what about where it says on item no. 17 "Received from Vannatter," that is Mr. Fung's printing?

# 181 MS. MAZZOLA:

That is Mr. Fung.

# 182 MR. GOLDBERG:

And did it appear that there were some erasures there and that there was something else there at one time underneath that item?

# 183 MS. MAZZOLA:

Looks like "Serology SID."

# 184 MR. GOLDBERG:

Okay. Do you have any recollection of why that was erased and the other--and "Received from Vannatter" put in there?

# 185 MS. MAZZOLA:

I believe I was trying to put them in the order that Mr. Fung wanted, 17, 18 and 19, and had started to write "Received in serology," meaning the tennis shoes, and Mr. Fung wanted it kept 18 first, then 17 and then 19.

# 186 MR. GOLDBERG:

And he just changed those item numbers?

# 187 MS. MAZZOLA:

Right, yeah.

# 188 MR. GOLDBERG:

Now, did Mr. Fung ever tell you anything to the effect of--

# 189 MR. NEUFELD:

Objection as to what Mr. Fung--

# 190 MR. GOLDBERG:

Well, it is not coming in for a hearsay purpose, your Honor.

# 191 MR. NEUFELD:

May we approach?

# 192 THE COURT:

Please.

Temperature

procedural

Key Quotes (4)

Andrea Mazzola

Because we had been up on our feet working constantly for twelve solid hours.

Explains why she had her eyes closed on the couch at Rockingham — establishes exhaustion context but also opens vulnerability about inattentiveness at the scene.

Andrea Mazzola

He wanted the numbers--sample item numbers changed. He wanted to keep the items in chronological order as they had been received.

Explains why documentation was altered — a potentially damaging admission that forms were modified after the fact, even if for mundane administrative reasons.

Andrea Mazzola

They were that close.

Confirms the glove and watch cap were close enough to have come into physical contact, supporting trace evidence transfer theory.

Andrea Mazzola

He places the test-tube near the opening of the mouth of the bag and uses the bag to push the swatches into the test-tube.

Describes Fung's technique for handling biological swatches — relevant to cross-examination challenges about contamination protocols.

Evidence (6)

People's 1107

Crime scene identification checklist / field notes with handwritten entries for items 17, 18, and 19; shows mixed handwriting from Mazzola and Fung, and visible erasures

discussed, examined for erasures and authorship

Informal

Item 9 — Rockingham glove, from which hairs and fibers were removed by Fung on June 14

discussed

Informal

Blood swatches collected at Bundy and Rockingham crime scenes, transferred from plastic baggies to test-tubes for drying

discussed (drying process)

Informal

Item 17 — evidence received from Detective Vannatter (time recorded as 17:20 per Fung's verbal statement)

discussed

Informal

Item 18 — tennis shoes received in serology at 8:30, per Fung

discussed

Informal

Item 19 — hairs and fibers removed from item 9, collected at approximately 9:00 per Mazzola's clock observation

discussed

Notable Exchanges (3)

Hank Goldberg•Andrea Mazzola

Extended questioning about erasures and reordering on the evidence collection forms — Mazzola admits item numbers were changed at Fung's direction, originally written out of order, then corrected for chronological sequence and property report efficiency.

strategic

Hank Goldberg•Peter Neufeld•Lance A. Ito

Sidebar called by Neufeld just as Goldberg began to ask what Fung told Mazzola — hearsay dispute left unresolved at end of transcript.

contentious

Hank Goldberg•Andrea Mazzola

Mazzola admits her eyes were closed on the couch at Rockingham after 12 hours on her feet, though she denies falling asleep. She also admits losing track of time.

revealing

Credibility Attacks (2)

⚔ Andrea Mazzola

prior inconsistent documentation / altered records

Mazzola acknowledges visible erasures on official evidence collection forms and that item numbers were reordered after initial drafting at Fung's direction — though framed as administrative, the alterations to official documentation are a latent defense impeachment point.

⚔ Andrea Mazzola

inattentiveness at crime scene

Mazzola admits she had her eyes closed on the couch at Rockingham, lost track of time, and was exhausted — establishing a window of reduced awareness during evidence collection.

Objections

3 objections (1 sustained, 1 overruled)

Proceeding 5787 • 192 utterances • Prosecution witness

Criminal Trial

Department 103