Cross-examination of Andrea Mazzola (morning, part 3)

📄 Cross-examination of Andrea Mazzola (morning, part 3) — Tuesday, April 25, 1995

Address:

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

TRIAL

▲ Day 61 of 167

◀ Motion: report production Sidebar: photograph examination ▶

Witness: Andrea Mazzola
Examiner: Peter Neufeld
Called by: Prosecution • Date: Tuesday, April 25, 1995 • Utterances: 125

Peter Neufeld cross-examines criminalist Andrea Mazzola about her failure to photograph or phenolphthalein-test the driver's side door sill of O.J. Simpson's Bronco on June 14, 1994. Neufeld establishes that Mazzola was trained to document and test potential blood evidence but did neither on the sill area, and probes photos showing circled specks on the Bronco — which Mazzola concedes look 'more brown' than red. The examination builds toward questioning whether Detective Fuhrman could have even seen certain marks without the driver's door being open.

# 1 (The following proceedings were held in open Court, in the presence of the jury:)

# 2 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. Miss Mazzola, would you resume the witness stand, please. Let the record reflect we've now been rejoined by all the members of our jury panel. Miss Mazzola is again on the witness stand undergoing cross-examination by Mr. Neufeld. Good morning again, Miss Mazzola.

# 3 MS. MAZZOLA:

Good morning.

# 4 THE COURT:

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

# 5 MR. NEUFELD:

When we left off, Miss Mazzola, you said you had no present recollection of ever being shown any smears or red stains in the sill area of the driver's side of the Bronco door; is that correct?

# 6 MS. MAZZOLA:

Yes.

# 7 MR. NEUFELD:

And you had been taught, Miss Mazzola, that if you had seen smears or stains, that you should photograph them; isn't that correct?

# 8 MS. MAZZOLA:

Yes.

# 9 MR. NEUFELD:

And you had been taught--

# 10 MR. NEUFELD:

One moment.

# 11 THE COURT:

Certainly.

# 12 (Brief pause.)

# 13 MR. NEUFELD:

I'm going to show you what's been offered as Defendant's 1097.

# 14 MR. GOLDBERG:

Can I take a look at that for a second?

# 15 (Brief pause.)

# 16 THE COURT:

Proceed. People's 197.

# 17 MR. GOLDBERG:

Actually, I don't think that photograph has any markings on it. So it doesn't appear to be the Court's exhibit.

# 18 THE COURT:

All right.

# 19 (Brief pause.)

# 20 MR. GOLDBERG:

In fact, it may not be 1097. I'm not positive, but it may not be.

# 21 MR. HARRIS:

It is.

# 22 THE COURT:

All right. I'll accept Mr. Harris' representation that it's 1097.

# 23 MR. NEUFELD:

Miss Mazzola, just so there's no misunderstanding, when I talk about the white sill area on the driver's door, I'm referring to--well, I'm sorry. Did you know when I asked you those questions that I was referring to that white strip of metal which is under, next to the driver's door--

# 24 MS. MAZZOLA:

I had an idea that's what you--

# 25 MR. NEUFELD:

--in that picture? You did have an idea?

# 26 MS. MAZZOLA:

Yes.

# 27 MR. NEUFELD:

Okay. In fact, during your prep session--

# 28 THE COURT:

Excuse me. Excuse me. Excuse me. Miss Mazzola, please, let him finish--

# 29 MS. MAZZOLA:

Sorry.

# 30 THE COURT:

--asking the question before you start to answer. The Court reporter can only write down one person at a time. All right. Thank you.

# 31 MR. NEUFELD:

In fact, during your prep sessions with the Prosecutors, did they tell you that the issue of whether or not there were bloodstains located on the sill area was an issue in the case? Did that come up at all during your prep sessions?

# 32 MS. MAZZOLA:

It came up, yes.

# 33 MR. NEUFELD:

Okay. And--

# 34 MR. NEUFELD:

One moment.

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

# 36 MR. NEUFELD:

In fact, Miss Mazzola, the only stains or smears that you saw anywhere on the exterior of the car on the 14th was a couple of tiny specks on the passenger door, isn't that correct, on the exterior passenger door?

# 37 MS. MAZZOLA:

From independent recollection, yes.

KEY QUOTE

# 38 MR. NEUFELD:

Well--

# 39 MR. NEUFELD:

Let me show this.

# 40 (Brief pause.)

# 41 MR. NEUFELD:

Next in order would be?

# 42 THE COURT:

Defense--

# 43 THE CLERK:

1113.

# 44 THE COURT:

--1113.

# 45 MR. NEUFELD:

Thank you.

# 46 (Deft's 1113 for id = photograph)

# 47 MR. NEUFELD:

Show you Defendant's 1113. Is that picture familiar to you? Do you recognize it?

# 48 MS. MAZZOLA:

Yes.

# 49 MR. NEUFELD:

And what is it a picture--I'm sorry. Is that a photograph of what is item 20 in this case that you referred to on direct examination?

# 50 MS. MAZZOLA:

Let me make sure it's the right--

# 51 MR. NEUFELD:

Okay.

# 52 (Brief pause.)

# 53 MS. MAZZOLA:

Yes, it is item 20.

# 54 MR. NEUFELD:

That's on the passenger side, correct, the opposite side?

# 55 MS. MAZZOLA:

Correct.

# 56 MR. NEUFELD:

Okay. Now, you said you had been taught that if you had seen other stains or smears on the exterior of the car, that you had been taught that they too would have been photographed, correct?

# 57 MS. MAZZOLA:

Yes.

# 58 MR. NEUFELD:

And you had also been taught, ma'am, that if you saw stains that could possibly be blood, that you were--you were also instructed to swatch them, is that correct, and bring them back to the laboratory?

# 59 MS. MAZZOLA:

If they were pheno positive, yes, we would collect them.

# 60 MR. NEUFELD:

Okay. So you were instructed then to do a pheno test as well on stains?

# 61 MS. MAZZOLA:

If there was any question, yes.

# 62 MR. NEUFELD:

All right. And obviously no pheno test was done on any portion of the driver's sill on the 14th; isn't that right?

# 63 MS. MAZZOLA:

I honestly don't remember.

# 64 MR. NEUFELD:

Well, did you--well, let me ask you this. If a pheno test was done, would it be recorded in your notes?

# 65 MS. MAZZOLA:

Yes.

# 66 MR. NEUFELD:

Okay. Would you please look at your notes to see whether or not any pheno test was done on the sill of the driver's door to the Bronco?

# 67 MS. MAZZOLA:

No, one was not done.

KEY QUOTE

# 68 MR. NEUFELD:

Excuse me?

# 69 MS. MAZZOLA:

One was not done.

# 70 MR. NEUFELD:

Okay. Now I show you what is already in evidence as People's 197-A.

# 71 (Brief pause.)

# 72 MR. NEUFELD:

See that?

# 73 MS. MAZZOLA:

Yes.

# 74 MR. GOLDBERG:

Well, your Honor, I don't think the resolution is good enough.

# 75 THE COURT:

Overruled. The record should reflect that she is being shown this matter however on the elmo. Do you want to show her the printout?

# 76 MR. NEUFELD:

Sure.

# 77 (Brief pause.)

# 78 MR. NEUFELD:

Let me show you another copy. This is 197-B.

# 79 MR. GOLDBERG:

Let me see that.

# 80 (Brief pause.)

# 81 MR. NEUFELD:

Which is Prosecution's exhibit. Take a look at this as well. And does 197-B appear to be the same image as appears on the elmo, only a little better resolution?

# 82 MS. MAZZOLA:

Appears so, yes.

# 83 MR. NEUFELD:

Okay. Now, do you see the specks that are circled in that picture? There are three circles?

# 84 MS. MAZZOLA:

Yes.

# 85 MR. NEUFELD:

And those specks that are circled, ma'am, they could simply be dirt, couldn't they?

# 86 MS. MAZZOLA:

It's possible.

# 87 MR. NEUFELD:

Well, they're not red, are they?

# 88 MS. MAZZOLA:

From this photo, it's hard to tell.

# 89 MR. NEUFELD:

Well, in that photograph, do they appear to be red to you, ma'am?

# 90 MS. MAZZOLA:

They actually look more brown.

KEY QUOTE

# 91 MR. NEUFELD:

Now, let me ask you a hypothetical, Miss Mazzola. You actually have seen the car, right? You've been out there?

# 92 MS. MAZZOLA:

Yes.

# 93 MR. NEUFELD:

You've seen the car when the door was open on the driver's side and when the door was closed?

# 94 MS. MAZZOLA:

Yes.

# 95 MR. NEUFELD:

Here's the hypothetical. If Detective Fuhrman said that he saw four brush marks on the lower area of the driver's door--now, what I want you to assume for this hypothetical, Miss Mazzola, is that these four marks that are circled in that picture are the same four marks that Detective Fuhrman claims he saw. Would Detective Fuhrman have had to open the driver's door to see at least two of those four marks?

# 96 MR. GOLDBERG:

Your Honor, this isn't a proper hypothetical. It's argumentative.

# 97 THE COURT:

Sustained. It's argumentative.

# 98 MR. NEUFELD:

All right.

# 99 THE COURT:

Rephrase it.

# 100 MR. NEUFELD:

Well, ma'am, do you see the location of the various specks that are circled in that photograph?

# 101 MS. MAZZOLA:

Yes.

# 102 MR. NEUFELD:

To see the two specks on the upper circle--you see where the two circles are?

# 103 MS. MAZZOLA:

Yes.

# 104 MR. NEUFELD:

--would the door, the driver's door have to be in the open position to see those two specks?

# 105 MR. GOLDBERG:

Well, calls for speculation, no personal knowledge.

# 106 THE COURT:

Overruled. Overruled. You can answer that question.

# 107 MS. MAZZOLA:

I--I'm not sure. I'm not sure if they have to be open or closed.

# 108 MR. NEUFELD:

Well--

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

# 110 MR. NEUFELD:

Next in order is?

# 111 THE COURT:

1114. All right. Defense 1114.

# 112 (Deft's 1114 for id = photograph)

# 113 MR. NEUFELD:

Going to show you what's been marked as Defendant's exhibit 1114. And--

# 114 (Brief pause.)

# 115 THE COURT:

All right. Appears to be a photograph of the Bronco.

# 116 MR. NEUFELD:

And I will show you--

# 117 THE COURT:

Driver's side.

# 118 MR. NEUFELD:

--a duplicate copy of the same photograph--here you go--so you can see it close up.

# 119 (Brief pause.)

# 120 MR. NEUFELD:

Have you had a chance to look at them both? If you want more time, just tell me.

# 121 MS. MAZZOLA:

Okay. A little bit more time.

# 122 MR. NEUFELD:

Okay.

# 123 (Brief pause.)

# 124 MR. GOLDBERG:

Your Honor, can we approach for a moment on this?

# 125 THE COURT:

Either counsel. No. Just the two attorneys.

Temperature

tense

Key Quotes (4)

Andrea Mazzola

One was not done.

Confirms no phenolphthalein test was performed on the driver's door sill — undercutting any claim that the area was properly investigated for blood.

Andrea Mazzola

They actually look more brown.

Mazzola's own characterization of the circled specks in the prosecution's exhibit undermines their identification as blood.

Andrea Mazzola

From independent recollection, yes.

Acknowledges the only exterior stains she recalls seeing were on the passenger door — implying the driver's sill was not examined.

Peter Neufeld

If Detective Fuhrman said that he saw four brush marks on the lower area of the driver's door... would Detective Fuhrman have had to open the driver's door to see at least two of those four marks?

Attempts to establish that Fuhrman's account is physically implausible — objection sustained as argumentative, but the question itself is on the record.

Evidence (4)

Defendant's 1097

Photograph related to driver's side Bronco door sill area

Introduced for identification; exhibit authentication briefly disputed

Defendant's 1113

Photograph of item 20 — specks on passenger door exterior

Introduced; Mazzola confirms it depicts item 20

People's 197-A and 197-B

Photographs of Bronco exterior showing three circled specks

Discussed; Mazzola describes circled specks as looking 'more brown' than red

Defendant's 1114

Photograph of Bronco driver's side

Introduced; bench conference requested by Goldberg before questioning proceeds

Notable Exchanges (3)

Peter Neufeld•Andrea Mazzola

Neufeld walks Mazzola through her training obligations — photograph stains, pheno-test suspicious areas — then has her confirm via her own notes that no pheno test was done on the driver's sill.

methodical, damaging

Peter Neufeld•Hank Goldberg•Lance A. Ito

Neufeld attempts a hypothetical linking Fuhrman's claimed observations to the door needing to be open; Goldberg objects as argumentative and is sustained; Ito tells Neufeld to rephrase, and the rephrased version is allowed but Mazzola says she is unsure.

strategic, partially blocked

Andrea Mazzola•Lance A. Ito

Ito interrupts mid-answer to instruct Mazzola to wait for Neufeld to finish questions before answering, noting the court reporter can only transcribe one person at a time.

procedural

Credibility Attacks (3)

⚔ Andrea Mazzola

Omission / failure to follow training protocols

Neufeld establishes Mazzola was trained to photograph and pheno-test potential blood stains, then confirms via her own notes that neither was done on the driver's door sill — suggesting the scene was not properly documented.

⚔ Andrea Mazzola

Prosecution prep session awareness

Neufeld elicits that the driver's sill issue came up in her prep sessions with prosecutors, implying her testimony has been shaped by litigation strategy rather than independent recollection.

⚔ Mark Fuhrman

Physical implausibility (indirect)

Neufeld attempts to show via Mazzola that Fuhrman's claimed observations of brush marks on the lower driver's door would have required the door to be open — challenging the credibility of Fuhrman's account.

Objections

3 objections (1 sustained, 2 overruled)

Proceeding 5799 • 125 utterances • Prosecution witness

Criminal Trial

Department 103