Cross-examination of Andrea Mazzola (morning, part 1)

📄 Cross-examination of Andrea Mazzola (morning, part 1) — Tuesday, April 25, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\25\CROSS-EXAMINATION-OF-ANDREA-MA.DOC

TRIAL

▲ Day 61 of 167

Witness: Andrea Mazzola
Examiner: Peter Neufeld
Called by: Prosecution • Date: Tuesday, April 25, 1995 • Utterances: 308

Peter Neufeld continued his cross-examination of LAPD SID criminalist Andrea Mazzola, methodically attacking the integrity of her crime scene evidence collection. He established that Mazzola was a probationer with only two prior crime scenes who nonetheless served as the primary blood stain collector in the Simpson case — and that she listed herself as 'officer in charge' on the vehicle search checklist even after being told Fung held that role. Neufeld also drew out that the LAPD provided no written manuals, no protocol guides, and no training on evidence tampering prevention, and that Mazzola operated entirely under Fung's informal authority.

# 1 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. Miss Mazzola, would you resume the witness stand, please.

Andrea Mazzola, having been previously sworn, resumed the stand and testified further as follows:

# 2 THE COURT:

All right. Let the record reflect that we have been rejoined by all the members of our jury. Good morning, ladies and gentlemen.

THE JURY: Good morning.

# 3 THE COURT:

Andrea Mazzola is on the witness stand and she is undergoing cross-examination by Mr. Neufeld. Good morning, Miss Mazzola.

# 4 MS. MAZZOLA:

Good morning.

# 5 THE COURT:

You are reminded that you are still under oath. Mr. Neufeld, you may continue.

# 6 MR. NEUFELD:

Thank you.

CROSS-EXAMINATION (RESUMED) BY MR. NEUFELD

# 7 MR. NEUFELD:

Good morning, Miss Mazzola.

# 8 MS. MAZZOLA:

Good morning.

# 9 MR. NEUFELD:

Good morning, ladies and gentlemen.

THE JURY: Good morning.

# 10 MR. NEUFELD:

Miss Mazzola, since we last saw each other on Thursday afternoon have you had any prep sessions with the Prosecutors since you left Court that afternoon?

# 11 MR. GOLDBERG:

Vague as to "Prep sessions."

# 12 THE COURT:

Overruled.

# 13 MS. MAZZOLA:

I have talked with them a little bit, yes.

# 14 MR. NEUFELD:

Well, have you met with them at their offices?

# 15 MS. MAZZOLA:

Yes.

# 16 MR. NEUFELD:

Okay. Did you meet with them on Thursday after Court?

# 17 MS. MAZZOLA:

No.

# 18 MR. NEUFELD:

Did you meet with them on Friday?

# 19 MS. MAZZOLA:

No.

# 20 MR. NEUFELD:

Did you meet with them on Saturday?

# 21 MS. MAZZOLA:

No.

# 22 MR. NEUFELD:

Sunday?

# 23 MS. MAZZOLA:

No.

# 24 MR. NEUFELD:

Yesterday?

# 25 MS. MAZZOLA:

No.

# 26 MR. NEUFELD:

Okay. When did you meet with them? This morning?

# 27 MS. MAZZOLA:

Yes, this morning.

# 28 MR. NEUFELD:

This was the first time?

# 29 MS. MAZZOLA:

I believe so, yes.

# 30 MR. NEUFELD:

Did you talk to them on the telephone over the--during the break--during the four-day break, about this case?

# 31 MS. MAZZOLA:

I think I did.

# 32 MR. NEUFELD:

You think you did?

# 33 MS. MAZZOLA:

I think I did, yes.

# 34 MR. NEUFELD:

You are not sure?

# 35 MS. MAZZOLA:

I don't remember.

# 36 MR. NEUFELD:

You don't remember speaking to Prosecutors on the phone about this case during the last four days?

# 37 MS. MAZZOLA:

It might have just been to tell me when to show up to Court. I don't remember.

# 38 MR. NEUFELD:

Okay. Now, Miss Mazzola, when we were last in Court on Thursday afternoon you testified, I believe, that only after you arrived at Rockingham in the early morning hours and you listened to a discussion that Dennis Fung was having with the detectives that Dennis Fung told you that given the nature of the case that he and not you would be the officer in charge; is that correct?

# 39 MS. MAZZOLA:

That's correct.

# 40 MR. NEUFELD:

And after he told you that he would become the officer in charge, the detective then told you about the Ford Bronco for the first time; is that right?

# 41 MS. MAZZOLA:

I believe so.

# 42 MR. NEUFELD:

And the detectives took you and Fung over to see the Bronco; is that correct?

# 43 MS. MAZZOLA:

That's correct.

# 44 MR. NEUFELD:

And it is when they took you over to see the Bronco that you first began to fill out the vehicle search checklist; isn't that right?

# 45 MS. MAZZOLA:

That is correct.

# 46 MR. NEUFELD:

And notwithstanding, Miss Mazzola, yours and Dennis Fung's testimony that upon arrival at Rockingham that he announced that he would be the officer in charge, that on the vehicle search checklist which you began to fill out--I'm sorry. Withdrawn. Isn't it true, Miss Mazzola, that even though you had been informed in advance of filling out the vehicle search checklist that he would be the officer in charge, that you nonetheless put yourself down as the officer in charge on that vehicle search checklist?

# 47 MS. MAZZOLA:

That is correct.

# 48 MR. NEUFELD:

Umm, and by the way, that report, the vehicle search checklist where you put yourself down as the officer in charge, that was done in pencil, was it not?

# 49 MS. MAZZOLA:

Yes.

# 50 MR. NEUFELD:

And I believe that the reason that these field reports are filled out in pencil is so that if there are errors or omissions or mistakes--

# 51 THE COURT:

Excuse me, Mr. Neufeld. Deputies, there are people in the back row who are conversing next to the photographers. Would you eject them from the courtroom, please, the two individuals next to the photographers.

# 52 MR. NEUFELD:

Do you want me to sit down for a second?

# 53 THE COURT:

No. Go ahead. Proceed.

# 54 MR. NEUFELD:

Okay. In fact, Miss Mazzola, there are erasures in the original field notes, aren't there?

# 55 MS. MAZZOLA:

There could be, yes.

# 56 MR. NEUFELD:

Well, have you looked at the original field notes in this case at any time since June 13th?

# 57 MS. MAZZOLA:

I think I had once or twice.

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

# 59 THE COURT:

Mrs. Robertson.

# 60 MR. GOLDBERG:

I think it is 1107, your Honor.

# 61 MR. NEUFELD:

Thank you.

# 62 (Brief pause.)

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

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

# 65 MR. NEUFELD:

Well, Miss Mazzola, didn't you testify in fact on direct examination that there were certain erasures on the field notes for the collection of items 18, 17 and 19? Didn't you just testify to that on Thursday?

# 66 MS. MAZZOLA:

Yes.

# 67 MR. NEUFELD:

Okay. So it was not unexpected for you and Dennis Fung to make erasures to correct errors in the notes; is that correct?

# 68 MR. GOLDBERG:

Vague as to "Unexpected."

# 69 THE COURT:

Overruled.

# 70 MS. MAZZOLA:

That's correct, yes.

# 71 MR. NEUFELD:

Yet, ma'am, no one erased your name as the OIC, the officer in charge, on the vehicle search checklist; isn't that correct?

# 72 MS. MAZZOLA:

That's correct.

# 73 MR. NEUFELD:

You continued to have that title throughout?

# 74 MS. MAZZOLA:

Title--

# 75 MR. GOLDBERG:

Vague as to "Title."

# 76 THE COURT:

Overruled.

# 77 MR. NEUFELD:

Well, your title on that report was never changed; isn't that right?

# 78 MS. MAZZOLA:

That's correct.

# 79 MR. NEUFELD:

And that report was filled out even after Dennis Fung told you that he was going to be the officer in charge; isn't that correct?

# 80 MS. MAZZOLA:

Yes.

# 81 MR. NEUFELD:

Now, Miss Mazzola, is it really the policy and practice of the Los Angeles Police Department SID unit to name a trainee the officer in charge on a murder case?

# 82 MS. MAZZOLA:

I don't believe so.

# 83 MR. NEUFELD:

Okay. Then when they referred to you, ma'am, as the officer in charge and you put your name down as the officer in charge on these field note reports, is that some kind of game of make believe that the LAPD wants you to play?

# 84 THE COURT:

Sustained.

# 85 MR. NEUFELD:

Miss Mazzola, isn't the real reason that you testified on direct examination that a decision had been made to name Fung the OIC after you filled out the cover sheet for Rockingham was because it was necessary for you to support Dennis Fung's testimony minimizing your involvement in this case?

# 86 MR. GOLDBERG:

Well, it is argumentative. It also misstates the testimony.

# 87 THE COURT:

Sustained. Sustained on both counts.

# 88 MR. NEUFELD:

Had the Prosecutors, before you took the witness stand in this case, Miss Mazzola, told you that it was important for you to back up Dennis Fung's failure to mention you in the grand jury?

# 89 MS. MAZZOLA:

No, they did not.

# 90 MR. NEUFELD:

Okay. Now, prior to June 13th you had personally collected blood stains at only two crime scenes; is that correct?

# 91 MS. MAZZOLA:

I think that's correct, yes.

# 92 MR. NEUFELD:

And at both those two scenes you were trainee; isn't that right?

# 93 MS. MAZZOLA:

I was a criminalist 1.

# 94 MR. NEUFELD:

Well, Miss Mazzola, you agreed, did you not, that you testified on August 23rd that you were a trainee as of June 13th when you collected evidence in this case; isn't that correct?

# 95 MR. GOLDBERG:

Misstates the testimony. Also been asked and answered.

# 96 THE COURT:

Overruled.

# 97 MS. MAZZOLA:

I was on probation as a criminalist 1.

# 98 MR. NEUFELD:

Miss Mazzola, didn't you also testify on August 23rd and acknowledge that on June 13th you were still a trainee?

# 99 MR. GOLDBERG:

That misstates the testimony. Could we have a page and citation?

# 100 THE COURT:

Overruled. Overruled. Do you recall testifying to that, Miss Mazzola?

# 101 MS. MAZZOLA:

I honestly don't recall.

# 102 THE COURT:

All right. Move on.

# 103 MR. NEUFELD:

And Miss Mazzola, even at your first two crime scenes, when you were on probation, the supervising criminalist didn't bother to stay with you the entire time; isn't that right?

# 104 MS. MAZZOLA:

That's correct.

# 105 MR. NEUFELD:

And even at your first two crime scenes, when you were on probation, there were times when you collected blood stains unassisted by a supervising criminalist?

# 106 MS. MAZZOLA:

That's correct.

# 107 MR. NEUFELD:

Well, Miss Mazzola, is it the policy and practice of the Los Angeles Police Department SID unit to deliberately leave a trainee alone unsupervised while collecting critical evidence in certain cases?

# 108 MR. GOLDBERG:

Irrelevant. It is argumentative.

# 109 THE COURT:

Sustained.

# 110 MR. NEUFELD:

Is there a policy and practice of the LAPD that student or trainee--I'm sorry--that probationer criminalists participating in their very first crime scene collection matter should be there in an unsupervised capacity when they are collecting critical evidence?

# 111 MR. GOLDBERG:

Irrelevant. Also vague as to "Critical evidence."

# 112 THE COURT:

Overruled.

# 113 MS. MAZZOLA:

I do not know what their policy is.

# 114 MR. NEUFELD:

Well, have they ever expressed to you, ma'am, a desire to have you simply learn from your mistakes when handling important evidence at a murder crime scene?

# 115 THE COURT:

It is vague. Rephrase the question.

# 116 MR. NEUFELD:

Is there a policy and practice of the LAPD SID unit that new probationers like yourself learn from mistakes when you are collecting critical evidence at a murder crime scene?

# 117 MR. GOLDBERG:

Vague, argumentative.

# 118 THE COURT:

Overruled.

# 119 MS. MAZZOLA:

When you are trained on how to collect evidence, you don't make mistakes on how to pick it up.

# 120 MR. NEUFELD:

Miss Mazzola, you are saying that it is impossible for you to make a mistake at a crime scene?

# 121 MR. GOLDBERG:

Well, that misstates the testimony.

# 122 THE COURT:

Overruled.

# 123 MR. NEUFELD:

I'm asking her a question.

# 124 MS. MAZZOLA:

I collect the evidence the way I was trained. That is the only way I know how to do it.

KEY QUOTE

# 125 MR. NEUFELD:

Miss Mazzola, please answer my question. Are you saying it is impossible for you to make mistakes when collecting evidence at a crime scene?

# 126 MS. MAZZOLA:

Mistakes can happen.

# 127 MR. NEUFELD:

And mistakes to happen; isn't that right, Miss Mazzola?

# 128 MR. GOLDBERG:

It is vague as to "Mistakes."

# 129 THE COURT:

Overruled.

# 130 MS. MAZZOLA:

It is possible that they do.

# 131 MR. NEUFELD:

And is it also true, Miss Mazzola, that you can inadvertently make a mistake at that crime scene and not at that moment be aware of it?

# 132 MR. GOLDBERG:

It is overbroad and vague as to what--

# 133 THE COURT:

Overruled. We are getting into speaking objections on both sides. I'm warning counsel.

# 134 MS. MAZZOLA:

Would you please restate the question.

# 135 THE COURT:

He is going to ask another question.

# 136 MS. MAZZOLA:

Okay.

# 137 THE COURT:

Ask another question.

# 138 MR. NEUFELD:

I'm sorry, your Honor. Was the objection overruled?

# 139 THE COURT:

Yes.

# 140 MR. NEUFELD:

Okay.

# 141 THE COURT:

Proceed.

# 142 MR. NEUFELD:

Okay.

# 143 THE COURT:

Ask it again.

# 144 MR. NEUFELD:

All right.

# 145 MR. NEUFELD:

Miss Mazzola, would you agree that inadvertent mistakes can be made by the criminalist at the scene which may not be noticed at the time that the mistake is made?

# 146 MS. MAZZOLA:

That is possible.

# 147 MR. NEUFELD:

So you really can't say, Miss Mazzola, that you have never made any mistake at the few crime scenes that you have participated in, can you?

# 148 MS. MAZZOLA:

That's true.

# 149 MR. NEUFELD:

By the way, Miss Mazzola, you mentioned on direct examination that at the first crime scene that you attended that that team received a commendation; is that right?

# 150 MS. MAZZOLA:

That is correct.

# 151 MR. NEUFELD:

And how many items were collected by that team at that first crime scene?

# 152 MS. MAZZOLA:

I don't remember.

# 153 MR. NEUFELD:

Well, at that first crime scene, your very first one, Miss Mazzola--

# 154 THE COURT:

Excuse me, Mr. Neufeld. I don't want to try that crime scene.

# 155 MR. NEUFELD:

Well, let me ask you this, Miss Mazzola: Have you and Dennis Fung received any commendation for your crime scene collection in this case.

# 156 MR. GOLDBERG:

Your Honor, that is irrelevant.

# 157 THE COURT:

Overruled.

# 158 MS. MAZZOLA:

Not to my knowledge.

# 159 MR. NEUFELD:

And in contrast to those first couple of crime scenes, Miss Mazzola, where you were present in this case on June 13th of 1994, you were in fact the primary collector of blood stains, as opposed to Dennis Fung; isn't that right?

# 160 MS. MAZZOLA:

That's right.

# 161 MR. NEUFELD:

And the Simpson case was your very first case in which you were the primary collector of blood stain evidence; isn't that correct?

# 162 MS. MAZZOLA:

That's correct.

# 163 MR. NEUFELD:

And you personally collected almost all the blood stains in this case on June 13th; isn't that right?

# 164 MR. GOLDBERG:

Well, it is vague as to "Almost all."

# 165 THE COURT:

Overruled.

# 166 MS. MAZZOLA:

The majority, yes.

# 167 MR. NEUFELD:

To your knowledge, Miss Mazzola, are there any written procedures of the Los Angeles Police Department limiting those crime scenes to which a probationer or trainee can participate in evidence collection?

# 168 MR. GOLDBERG:

Irrelevant and calls for hearsay.

# 169 THE COURT:

Overruled.

# 170 MS. MAZZOLA:

To my--the best of my knowledge, I don't know if there is a policy or anything.

# 171 MR. NEUFELD:

To the best of your knowledge are there any procedures which say you should first handle crimes less serious than murder?

# 172 MS. MAZZOLA:

I do not know if there is a policy on that.

# 173 MR. NEUFELD:

To your knowledge, ma'am, does the Los Angeles Police Department publish any guidelines at all as to how to supervise and train a new criminalist at a crime scene?

# 174 MS. MAZZOLA:

I don't know.

# 175 MR. NEUFELD:

You have never heard of any?

# 176 MS. MAZZOLA:

I have never heard of it.

# 177 MR. NEUFELD:

Well, to your knowledge, Miss Mazzola, is each supervising criminalist free to allow you to do as much or as little as a particular supervising criminalist chooses?

# 178 MR. GOLDBERG:

It is irrelevant, your Honor.

# 179 THE COURT:

Overruled.

# 180 MS. MAZZOLA:

I don't know. I'm not a supervising criminalist. I don't know what their guidelines are.

# 181 MR. NEUFELD:

Well, you said you had been to two previous crime scenes?

# 182 MS. MAZZOLA:

Correct.

# 183 MR. NEUFELD:

Would it be fair to say that those other two crime scenes--by the way, at the other two crime scenes was Dennis Fung your supervisor?

# 184 MS. MAZZOLA:

No.

# 185 MR. NEUFELD:

At the other two crime scenes, when Dennis Fung was not your supervisor, you certainly were not the primary collector of blood stain evidence, were you?

# 186 MS. MAZZOLA:

It was a team effort.

# 187 MR. NEUFELD:

Ma'am, would you please answer my question. Were you or were you not the primary collector of crime scene evidence at the other two crime scenes that you participated in?

# 188 MS. MAZZOLA:

It was about 50-50.

# 189 MR. NEUFELD:

Ma'am, isn't it a fact that at the first two crime scenes that you participated in that you were not the primary collector of blood stain evidence?

# 190 MR. GOLDBERG:

It is argumentative.

# 191 THE COURT:

Sustained. Counsel, I'm really not interested in the other crime scenes.

# 192 MR. NEUFELD:

Miss Mazzola, since you have been at the Los Angeles Police Department are you aware of the L.A. Police Department's crime scene field unit protocol and procedures manual?

# 193 MR. GOLDBERG:

Assumes a fact not in evidence.

# 194 THE COURT:

Overruled.

# 195 MR. GOLDBERG:

That they have one.

# 196 THE COURT:

Overruled.

# 197 MS. MAZZOLA:

I am not familiar with that, no.

# 198 MR. NEUFELD:

Well, has it ever been given to you to look at?

# 199 MS. MAZZOLA:

No.

# 200 MR. NEUFELD:

Has anyone ever instructed you to read it?

# 201 MS. MAZZOLA:

No.

# 202 MR. NEUFELD:

Have you received, during the year and a half that you have been with the Los Angeles Police Department, any manual prepared by SID laying out the various procedures and rules that you are inquired to follow?

# 203 MS. MAZZOLA:

No.

# 204 MR. NEUFELD:

Is there any written manual, ma'am, that you rely on when you go out to process evidence at a crime scene?

# 205 MS. MAZZOLA:

No.

# 206 MR. NEUFELD:

Is there any book distributed to you to instruct you on how to conduct crime scene investigation?

# 207 MS. MAZZOLA:

No.

# 208 MR. NEUFELD:

Well, ma'am, without a textbook and without a manual, am I correct in assuming that your authority and your teacher on June 13th was exclusively Dennis Fung?

# 209 MR. GOLDBERG:

That is unintelligible.

# 210 THE COURT:

Overruled.

# 211 MS. MAZZOLA:

We had been taught the procedures that SID wished us to follow. There was no written material given out in the form of a manual or textbook.

# 212 MR. NEUFELD:

Well, on June 13th there was no manual that you can refer to for assistance; is that correct?

# 213 MS. MAZZOLA:

That's correct.

# 214 MR. NEUFELD:

And on June 13th there is no textbook that you can refer to help you out on a certain matter of crime scene collection; is that correct?

# 215 MS. MAZZOLA:

That's correct.

# 216 MR. NEUFELD:

And so the only person or the only authority that you could turn to on June 13th, when you were at the crime scene, was Dennis Fung; isn't that correct?

# 217 MS. MAZZOLA:

That's correct.

# 218 MR. NEUFELD:

Now, one of the things you have been taught to do, Miss Mazzola, is to fill out and prepare crime scene investigation field notes; is that right?

# 219 MS. MAZZOLA:

We have been shown the notes before, yes.

# 220 MR. NEUFELD:

And these crime scene checklists and field notes are a series of reports and forms that you are expected to accurately and completely fill out in connection with crime scene investigations; isn't that correct?

# 221 MR. GOLDBERG:

It is compound, your Honor.

# 222 THE COURT:

Overruled.

# 223 MS. MAZZOLA:

I was told to fill in the parts that were the most important.

# 224 MR. NEUFELD:

And were you told, ma'am, to fill out these reports and forms contemporaneously with the activities that you are engaged in?

# 225 MS. MAZZOLA:

For the most part, yes.

# 226 MR. NEUFELD:

And were you taught, ma'am, in your Los Angeles Police Department--I think you said you attended the mini academy; is that right?

# 227 MS. MAZZOLA:

Correct.

# 228 MR. NEUFELD:

Were you taught at the Los Angeles Police Department SID mini academy that it was important to fill out these forms accurately?

# 229 MS. MAZZOLA:

Yes.

# 230 MR. NEUFELD:

And were you told, when you were in the mini academy, that it is impossible to remember the sequence of every event at a crime scene investigation and therefore it is essential to record and fill out these reports?

# 231 MS. MAZZOLA:

I don't remember.

# 232 MR. NEUFELD:

Well, isn't it true that between--what day did you first start with the Los Angeles Police Department, Miss Mazzola?

# 233 MS. MAZZOLA:

January 24, `94.

# 234 MR. NEUFELD:

From January 24, 1994, until you testified at a hearing on August 23rd, 1994, it was your understanding, based upon what you had been taught, that you were required to fill out these reports, these field notes completely; isn't that correct?

# 235 MS. MAZZOLA:

I had watched the other criminalists in the field as they filled out theirs.

# 236 MR. NEUFELD:

And when you had watched the other criminalists in the field fill out theirs, they filled out these reports completely, did they not?

# 237 MS. MAZZOLA:

Some did.

# 238 MR. NEUFELD:

Miss Mazzola, isn't it a fact that it was your understanding, when you testified on August 23rd, that you were required to fill out these reports completely and accurately?

# 239 MS. MAZZOLA:

I believe I testified something like that.

# 240 MR. NEUFELD:

Isn't it a fact, Miss Mazzola, that it was only after you finished testifying on August 23rd and you had testified to this duty to fill--fill these reports out completely, that when you then got back to the--the L.A. Police Department SID lab, that individuals for the first time said, no, no, no, it is not necessary to fill them out completely? Isn't that what happened?

# 241 MS. MAZZOLA:

As I said before, I had seen other criminalists fill out portions; some fill out the entire form.

# 242 MR. NEUFELD:

Miss Mazzola, I asked you didn't you believe that up until August 23rd, when you testified in this case, that is, for the first seven or eight months of your employment, that you were required to fill out these reports completely?

# 243 MS. MAZZOLA:

I believe so, yes.

# 244 MR. NEUFELD:

Not just to fill out portions, but to fill them out in totality; isn't that right?

# 245 MS. MAZZOLA:

Yes.

# 246 MR. NEUFELD:

And would it be fair to say, Miss Mazzola, that when you are actually conducting the crime scene evidence collection on June 13th, you don't know in your own head what is going to be important to an investigator or to a Prosecutor six months down the road? Isn't that a fair statement?

# 247 MS. MAZZOLA:

Yes, it is.

# 248 MR. NEUFELD:

And isn't that another reason why they want you to write everything down, so other people later on will be able to reconstruct what happened?

# 249 MR. GOLDBERG:

Assumes a fact not in evidence.

# 250 THE COURT:

Sustained. Rephrase the question.

# 251 MR. NEUFELD:

Would you agree, Miss Mazzola, that you didn't anticipate, during the actual crime scene collection phase, which detail will be important to the investigation six months hence?

# 252 MR. GOLDBERG:

That is overbroad.

# 253 THE COURT:

Overruled. You have already asked that question.

# 254 MR. NEUFELD:

Okay. Miss Mazzola, one of the requirements on these forms is to note for each item collected the location it is found; is that right?

# 255 MR. GOLDBERG:

States facts not in evidence as to "Requirements."

# 256 THE COURT:

Overruled.

# 257 MS. MAZZOLA:

Yes.

# 258 MR. NEUFELD:

And another item on the form is "Time," the time each item is collected; is that correct?

# 259 MS. MAZZOLA:

That's correct.

# 260 MR. NEUFELD:

And another item that you are--that up until August 23rd you also believed you were required to fill out was "By whom" the item was collected; isn't that correct?

# 261 MS. MAZZOLA:

That's correct.

# 262 MR. NEUFELD:

And so, ma'am, if as recently as August 23rd you believed you were required to fill out these reports completely, you also operated under that belief when you were present on June 13th and June 14th to participate in the crime scene investigation in Mr. Simpson's case; isn't that correct?

# 263 MS. MAZZOLA:

That is correct.

# 264 MR. NEUFELD:

Did you ever receive any handouts from your superiors at the Los Angeles Police Department informing you of the importance of keeping accurate and complete records?

# 265 MS. MAZZOLA:

I don't believe so.

# 266 MR. NEUFELD:

Did you ever receive a handout from your superiors at the Los Angeles Police Department entitled "Quality assurance and quality control"?

# 267 MS. MAZZOLA:

That doesn't sound familiar.

# 268 MR. NEUFELD:

Have you ever heard that term?

# 269 MS. MAZZOLA:

I've heard the terms before, but not in the context that you are speaking of.

# 270 MR. NEUFELD:

If I showed you a document, might it refresh your recollection?

# 271 MS. MAZZOLA:

Maybe.

# 272 MR. NEUFELD:

May I, your Honor?

# 273 THE COURT:

You may.

# 274 (Brief pause.)

# 275 MR. NEUFELD:

May I approach the witness?

# 276 THE COURT:

Please.

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

# 278 MR. NEUFELD:

Just read this to yourself, okay?

# 279 MS. MAZZOLA:

Okay.

# 280 (Witness complies.)

# 281 MR. NEUFELD:

Miss Mazzola, I ask you again have you ever received a handout from your superiors at the Los Angeles Police Department SID unit instructing you that you are required to keep complete and accurate field notes?

# 282 MS. MAZZOLA:

That page does not look familiar to me.

# 283 MR. NEUFELD:

Okay. Well, separate and apart from actually receiving a handout, at some point at this mini academy did your instructors ever teach you that it was very important, in terms of your professional responsibility, to make accurate and complete field notes?

# 284 (No audible response.)

# 285 MR. NEUFELD:

Isn't that something that they taught you?

# 286 MS. MAZZOLA:

I believe so.

# 287 MR. NEUFELD:

And were you taught, Miss Mazzola, that if swatches, for instance, were not properly marked, packaged and identified, they could get mixed up?

# 288 MS. MAZZOLA:

That's correct.

# 289 MR. NEUFELD:

And were you taught that if items of evidence were not properly packaged and identified, it made it easier for someone to tamper with those items?

# 290 MS. MAZZOLA:

That was never brought up.

# 291 MR. NEUFELD:

You never received any instruction at all, during your entire time at this mini academy, on taking measures to avoid evidence tampering?

# 292 MS. MAZZOLA:

No one would tamper with the evidence.

KEY QUOTE

# 293 MR. NEUFELD:

That is an assumption you are making, is it not, Miss Mazzola?

# 294 MR. GOLDBERG:

Well, that is argumentative.

# 295 THE COURT:

Argumentative. Sustained.

# 296 MR. NEUFELD:

Well, Miss Mazzola, you can certainly speak for yourself; is that correct?

# 297 MR. GOLDBERG:

That is argumentative.

# 298 THE COURT:

Overruled.

# 299 MS. MAZZOLA:

I can speak for myself and I know the people I work with.

# 300 MR. NEUFELD:

And you are saying, Miss Mazzola, that there is nobody who you met and who you know at the Los Angeles Police Department who would ever tamper with evidence; isn't that right?

# 301 MS. MAZZOLA:

The people I know wouldn't.

# 302 MR. NEUFELD:

And Miss Mazzola, you also said it was your impression that you never made a mistake in the handling of crime scene evidence; isn't that correct?

# 303 MR. GOLDBERG:

That is argumentative.

# 304 THE COURT:

Sustained.

# 305 MR. NEUFELD:

Miss Mazzola, would the people that you worked with at SID ever make a mistake in the handling of crime scene evidence?

# 306 MR. GOLDBERG:

Your Honor, this is irrelevant.

# 307 THE COURT:

Sustained.

# 308 MR. NEUFELD:

Well, Miss Mazzola, you said a moment ago that you had been taught to keep accurate and complete field notes during the training--

Temperature

tense

Key Quotes (5)

Andrea Mazzola

No one would tamper with the evidence.

Mazzola's flat denial of any possibility of tampering — offered as a statement of fact rather than a belief — is exactly the kind of unguarded assertion the defense could use to make her appear naive or evasive, especially given the Fuhrman allegations in the background.

Andrea Mazzola

I collect the evidence the way I was trained. That is the only way I know how to do it.

Intended as a defense of her competence, but under Neufeld's framing it underscores how completely dependent she was on whatever Fung taught her — no manuals, no written standards, no independent check.

Andrea Mazzola

The people I know wouldn't [tamper].

A telling retreat from her earlier absolute 'no one would tamper' — Neufeld had forced her to narrow the claim to people she personally knows, which is a much weaker statement.

Peter Neufeld

Is that some kind of game of make believe that the LAPD wants you to play?

Sustained, but the question landed in the jury's ears: Neufeld framed the OIC designation as institutional theater designed to obscure who actually handled the evidence.

Andrea Mazzola

I believe so, yes [that I was required to fill out these reports completely]... it was only after you finished testifying on August 23rd... that when you then got back to the L.A. Police Department SID lab, that individuals for the first time said, no, no, no, it is not necessary to fill them out completely.

Neufeld's summary of events — that the LAPD changed its story about documentation requirements only after Mazzola's August testimony — was essentially confirmed by her failure to deny it, supporting the defense theory of post-hoc rationalization.

Evidence (3)

People's 1107 (approx.)

Vehicle search checklist from Rockingham, filled out in pencil with Mazzola listed as officer in charge

Discussed — Neufeld established the OIC designation was never erased despite Fung being named OIC before the form was completed

Informal

LAPD SID field notes for items 17, 18, and 19, containing erasures

Referenced to establish that erasures were acceptable practice — making the failure to correct the OIC field more conspicuous

Informal

Document labeled 'Quality assurance and quality control' shown to witness

Shown to witness to refresh recollection; Mazzola said it did not look familiar to her

Notable Exchanges (4)

Peter Neufeld•Andrea Mazzola

Neufeld walked Mazzola through the absence of any written manuals, protocol guides, or textbooks provided to her by LAPD SID, culminating in her admission that on June 13th the only authority she could turn to was Dennis Fung.

strategic

Peter Neufeld•Andrea Mazzola

After Mazzola declared 'no one would tamper with the evidence,' Neufeld pressed her until she retreated to 'the people I know wouldn't' — a visible narrowing of a sweeping claim.

revealing

Peter Neufeld•Andrea Mazzola

Neufeld established that Mazzola believed until August 23rd that she was required to fill reports out completely, then implied that LAPD supervisors revised that position only after her testimony exposed gaps in the documentation.

strategic

Peter Neufeld•Hank Goldberg•Lance A. Ito

Goldberg objected to the 'game of make believe' question as argumentative; Ito sustained it — but Neufeld had already made his point about the OIC fiction to the jury.

procedural

Credibility Attacks (5)

⚔ Andrea Mazzola

bias / coordination with prosecution

Neufeld opened by establishing Mazzola had met with prosecutors the morning of her resumed testimony, suggesting coaching.

⚔ Andrea Mazzola

prior inconsistent statement

Neufeld used Mazzola's August 23rd hearing testimony to establish she had believed complete documentation was required — then implied LAPD supervisors only retroactively changed that position after her testimony exposed incomplete notes.

⚔ Andrea Mazzola

inexperience / lack of qualifications

Neufeld established that Mazzola had attended only two prior crime scenes before the Simpson case, had no written manuals or protocols to rely on, and that this was her first case as primary blood stain collector — making her sole authority on evidence handling Dennis Fung.

⚔ Andrea Mazzola

internal contradiction

Mazzola signed herself as officer in charge on the vehicle search checklist even after being told Fung held that role, and the designation was never corrected — despite erasures being made elsewhere in the same field notes.

⚔ LAPD SID

systemic incompetence / absence of standards

Neufeld established that LAPD SID provided no written manuals, no protocol guides, no quality-assurance handouts, and no formal procedures limiting trainees from serving as primary collectors on murder cases — leaving the entire training framework entirely informal and unverifiable.

Objections

22 objections (8 sustained, 14 overruled)

Proceeding 5795 • 308 utterances • Prosecution witness

Criminal Trial

Department 103