📄 Cross-examination of Andrea Mazzola (part 3) — Wednesday, April 26, 1995
Address:
C:\DEPT103\CRIMINAL\1995\APR\26\CROSS-EXAMINATION-OF-ANDREA-MA.DOC
TRIAL
▲ Day 62 of 167

Cross-examination of Andrea Mazzola (part 3)

Witness: Andrea Mazzola
Examiner: Peter Neufeld
Called by: Prosecution • Date: Wednesday, April 26, 1995 • Utterances: 564
Defense attorney Peter Neufeld continued his methodical cross-examination of LAPD criminalist Andrea Mazzola, focusing on inconsistencies in her field notes — particularly why she recorded collection times for some items but not others, and why items 15 and 16 were back-dated in the notes the following day. The session's most damaging moment came when Neufeld played videotape (People's 186) showing Mazzola and Fung locked their posse box (containing field notes) into the van at 17:11:51 — fully 11 minutes after the 1700 hours collection time she had recorded for those items the next day — undercutting her explanation that the notes couldn't have been written contemporaneously. Neufeld also established that Mr. Simpson's blood vial was not recorded in the field notes until the following morning, after the sneakers dropped off by Detective Lange were brought to Mazzola's attention, raising questions about the chain of custody.
1 MR. NEUFELD:

In fact, when you collected item no. 11, Miss Mazzola, did you make a control swatch?

2 MS. MAZZOLA:

Yes.

3 MR. NEUFELD:

And then you also made a separate swatch of the item of evidence; is that correct?

4 MS. MAZZOLA:

Correct.

5 MR. NEUFELD:

And even before you collected item 11, Miss Mazzola, did you make an entry in your field notes indicating the location of the item?

6 MS. MAZZOLA:

Yes.

7 MR. NEUFELD:

And when you collected the item, did you also make an entry in your field notes as to the time at which you collected it?

8 MS. MAZZOLA:

Yes.

9 MR. NEUFELD:

And what was the time, ma'am?

10 MS. MAZZOLA:

It's approximately 1540.

11 MR. NEUFELD:

Now, Miss Mazzola, you testified that you learned subsequent to your testifying on August 23rd that it really was not necessary for you to fill in the time for every item that you collected at a crime scene; is that correct?

12 MS. MAZZOLA:

Correct.

13 MR. NEUFELD:

And were you told that you only had to enter the times where it was relevant?

14 MS. MAZZOLA:

Some people said that, yes.

15 MR. NEUFELD:

Well, let me ask you what your criteria were on June 13th. What was your criteria for deciding when to write down a time on the field notes as opposed to those instances where you chose not to write down a time?

16 MS. MAZZOLA:

I really don't remember what my criteria was at the time.

17 MR. NEUFELD:

Well, by looking at your field notes now, can you reconstruct what your reason was for writing down times that you collected some items, but not writing down the times that you collected other items?

18 MS. MAZZOLA:

Not really, no.

19 MR. NEUFELD:

But it is your best recollection that the primary criteria should be when the criminalist believes it relevant; is that right?

20 MS. MAZZOLA:

From what I've learned subsequent to that, yes.

21 MR. NEUFELD:

Now, for item no. 6, which was a bloodstain at Rockingham, you did write down the time; did you not?

22 MS. MAZZOLA:

I believe so.

23 MR. NEUFELD:

Why don't you check your notes.

24 MS. MAZZOLA:

Let me make sure. Yes.

25 MR. NEUFELD:

But you didn't write down the time for any of the stains that you collected at Bundy; is that correct?

26 MS. MAZZOLA:

That's correct.

27 MR. NEUFELD:

Now, is the reason that you gave that kind of disparate treatment to the single drop at Rockingham as opposed to all of the--or as opposed to any and all of the stains at Bundy, because you believe that item no. 6 at Rockingham was relevant and the stain--or the time you collected item no. 6 at Rockingham was relevant, but the time that you collected any and all of the stains at Bundy were irrelevant?

28 MR. GOLDBERG:

That's unintelligible. Also, a single drop misstates the testimony.

29 THE COURT:

Overruled. Do you understand the question?

30 MS. MAZZOLA:

Not really.

31 THE COURT:

Rephrase the question.

32 MR. NEUFELD:

Certainly.

33 MR. NEUFELD:

You would agree that you didn't note the time that you collected any of the stains at Bundy; is that right?

34 MS. MAZZOLA:

That's correct.

35 MR. NEUFELD:

My question therefore, Miss Mazzola, is, is the reason that you recorded the time you collected item no. 6 at Rockingham but didn't record the collection of any of the stains at Bundy because you deemed time to be relevant for item no. 6 but irrelevant with respect to all the blood drops at Bundy?

36 MS. MAZZOLA:

No.

37 MR. NEUFELD:

Well, if relevant was supposed to be the criteria by which you decided whether to note the time, then what was the reason why you noted it for no. 6 at Rockingham but didn't note it for a single stain at Bundy?

38 MR. GOLDBERG:

Assumes facts not in evidence. Misstates the testimony.

39 THE COURT:

Overruled.

40 MS. MAZZOLA:

I learned that it would be relevant since then. At the time, I was trying to keep track of the time at--when we arrived at Bundy, Mr. Fung informed me that we would be collecting a lot of samples, the time that we start picking up, the time that we ended, keep an eye on that. Individual samples don't bother.

41 MR. NEUFELD:

Well, when you say the time that you started, you mean the time that you collected the first item to the time you collected the last item?

42 MS. MAZZOLA:

He said try to keep an eye on that and that was it.

43 MR. NEUFELD:

Okay. Did you note--what was the first bloodstain that you collected at Bundy? Bundy.

44 MS. MAZZOLA:

Property item 41.

45 MR. NEUFELD:

That was the first--that was the first stain you collected? And did you note in your field notes the time that you collected the first stain?

46 MS. MAZZOLA:

No.

47 MR. NEUFELD:

What was the last stain that you collected at Bundy?

48 MS. MAZZOLA:

The last stain was from the shoeprint that Mr. Fung lifted.

49 MR. NEUFELD:

And did you note the time of that?

50 MS. MAZZOLA:

No, we did not.

51 MR. NEUFELD:

So is it now your best recollection that Dennis Fung told you to note the time you collected the first stain and the time you collected the last stain, but you simply forgot to do it?

52 MS. MAZZOLA:

Yes.

53 MR. NEUFELD:

And once you entered the house after you collected item 11, the first item that you collected inside the house was item no. 12; is that right?

54 MS. MAZZOLA:

Correct.

55 MR. NEUFELD:

Those would be the drops of blood that you found in the foyer of Mr. Simpson's home?

56 MS. MAZZOLA:

Correct.

57 MR. NEUFELD:

And before you collected item no. 12, you did an inspection of the first floor of the house; did you not?

58 MS. MAZZOLA:

I can't remember if we inspected first or picked up first.

59 MR. NEUFELD:

All right. Well, what time did you actually pick up item no. 12? Did you record that in your notes?

60 MS. MAZZOLA:

Let's see. Yes.

61 MR. NEUFELD:

And what time was that?

62 MS. MAZZOLA:

1630.

63 MR. NEUFELD:

That would be 3:30--3:30. No. 4:30, 4:30 in the afternoon.

64 MS. MAZZOLA:

4:30.

65 MR. NEUFELD:

Thank you. And either before or after you picked up item 12, you did do an inspection of the first floor of the house looking for bloody clothing; is that right?

66 MS. MAZZOLA:

For blood in general.

67 MR. NEUFELD:

All right. Looking for bloodstains?

68 MS. MAZZOLA:

Correct.

69 MR. NEUFELD:

Looking for blood smears?

70 MS. MAZZOLA:

Correct.

71 MR. NEUFELD:

Looking for flecks of dry blood?

72 MS. MAZZOLA:

Correct.

73 MR. NEUFELD:

And you examined the kitchen, didn't you?

74 MS. MAZZOLA:

Yes.

75 MR. NEUFELD:

And you examined the kitchen sink?

76 MS. MAZZOLA:

I did not personally.

77 MR. NEUFELD:

Well, did you--do you know whether Dennis Fung examined the kitchen sink?

78 MR. GOLDBERG:

No foundation, personal knowledge.

79 THE COURT:

Overruled.

80 MS. MAZZOLA:

Personally I don't know if he did or not.

81 MR. NEUFELD:

Okay. Did you examine the laundry room?

82 MS. MAZZOLA:

Yes.

83 MR. NEUFELD:

Did you examine the living room?

84 MS. MAZZOLA:

Yes.

85 MR. NEUFELD:

And the dining room?

86 MS. MAZZOLA:

Yes.

87 MR. NEUFELD:

And would you agree that except for the several drops that you found right in the foyer inside the front door, that there were no bloodstains found anywhere on the first floor of that house?

88 MS. MAZZOLA:

That's correct.

89 MR. NEUFELD:

And that there was no blood smears found anywhere on the first floor of that house?

90 MS. MAZZOLA:

That is correct.

91 MR. NEUFELD:

And that there were no blood flakes, flakes of dry blood found anywhere on the first floor of that house?

92 MS. MAZZOLA:

We did not find any.

93 MR. NEUFELD:

Well, that's what you were looking for, weren't you?

94 MS. MAZZOLA:

That's correct.

95 MR. NEUFELD:

And you were taught, ma'am, looking for blood evidence to examine the location in a systematic way; isn't that correct?

96 MR. GOLDBERG:

This has been asked and answered.

97 THE COURT:

It is redundant.

98 MR. NEUFELD:

Not to the inside of the house.

99 THE COURT:

Yes, it is.

100 MR. NEUFELD:

Okay.

101 THE COURT:

Especially with negative results.

102 MR. NEUFELD:

And after you inspected the first floor, you went up to the second floor; is that right?

103 MS. MAZZOLA:

That is correct.

104 MR. NEUFELD:

And did you inspect counters?

105 MS. MAZZOLA:

Yes.

106 MR. NEUFELD:

Did you inspect light switches?

107 MS. MAZZOLA:

Yes.

108 MR. NEUFELD:

Did you inspect the shelves in Mr. Simpson's closet?

109 MS. MAZZOLA:

As the shelves themselves or the contents? What--

110 MR. NEUFELD:

Just the front of the shelves.

111 MS. MAZZOLA:

I--

112 MR. NEUFELD:

For any sign of blood.

113 MS. MAZZOLA:

I don't remember if we looked at the front of the shelves or not.

114 MR. NEUFELD:

Did you look at knobs on the drawers?

115 MS. MAZZOLA:

I believe so.

116 MR. NEUFELD:

And no flakes of dry blood were found in those locations that I just enumerated to you; is that correct?

117 MS. MAZZOLA:

That is correct.

118 MR. NEUFELD:

And no smears of wet blood were found in those locations that I just enumerated to you?

119 MS. MAZZOLA:

We did not find any.

120 MR. NEUFELD:

One moment.

121 (Discussion held off the record between Defense counsel and Defendant.)
122 MR. NEUFELD:

And while you were there, Miss Mazzola, did you inspect either the intercom or the telephone to see whether or not there were any bloodstains on it?

123 MS. MAZZOLA:

I did not personally, no.

124 MR. NEUFELD:

Do you know whether Dennis Fung did?

125 MS. MAZZOLA:

I do not know personally if he did or not.

126 MR. NEUFELD:

Well, are telephones one of the locations that you were taught at the SID mini academy to examine for the presence of blood?

127 MS. MAZZOLA:

We were not taught to look at the phone. We were taught to look at things in general.

128 MR. NEUFELD:

Now, up on the second floor in Mr. Simpson's bedroom, were you shown a pair of dark socks on the floor?

129 MS. MAZZOLA:

There were a pair of dark socks on the floor.

130 MR. NEUFELD:

And who pointed out the socks to you?

131 MS. MAZZOLA:

I don't know if it was one of the detectives or Mr. Fung.

132 MR. NEUFELD:

Didn't you and Dennis Fung ascend the stairs together to the second floor?

133 MS. MAZZOLA:

I don't know if we were together all the time or not. I can't remember.

134 MR. NEUFELD:

Not all the time. But were you together when you went upstairs, when you left the first floor and went to the second floor?

135 MS. MAZZOLA:

We were both on the second level at the same time.

136 MR. NEUFELD:

Okay. And at that point in time, you were still looking for any sign of blood; is that correct?

137 MS. MAZZOLA:

Yes.

138 MR. NEUFELD:

And you were also looking to see whether or not any of the clothing had blood; is that correct?

139 MS. MAZZOLA:

Yes.

140 MR. NEUFELD:

And your--was Dennis Fung already in the room where the socks were prior to your arrival in that room?

141 MS. MAZZOLA:

I don't think so, but I can't be positive.

142 MR. NEUFELD:

Did Dennis Fung pick up the socks in your presence?

143 MS. MAZZOLA:

He collected the socks, yes.

144 MR. NEUFELD:

And he--did he give them to you to put into a brown paper bag or did he put them in the bag himself?

145 MS. MAZZOLA:

He put them in the bag himself.

146 MR. NEUFELD:

And you saw him do that?

147 MS. MAZZOLA:

Yes.

148 MR. NEUFELD:

And you said a moment ago that both you and Dennis Fung were looking for blood; is that right?

149 MS. MAZZOLA:

Yes.

150 MR. NEUFELD:

And you saw of course Dennis Fung examine or look at the socks before he put them in the bag; did he not?

151 MS. MAZZOLA:

I don't know if I was watching him all the time or not.

152 MR. NEUFELD:

So as you sit here today, you don't know whether or not and to what extent Dennis Fung examined those socks before putting them in the bag. Is that your testimony?

153 MS. MAZZOLA:

Yes.

154 MR. NEUFELD:

Did you personally observe the socks before or examine the socks up close before they were put in the bag?

155 MS. MAZZOLA:

No.

156 MR. NEUFELD:

You relied on Dennis Fung to do that?

157 MS. MAZZOLA:

Yes.

158 MR. GOLDBERG:

Well, assumes facts not in evidence that it was done.

159 THE COURT:

Overruled.

160 MR. NEUFELD:

I'm asking for her state of mind.

161 THE COURT:

Overruled.

162 MR. NEUFELD:

And while you were in that room with Dennis Fung, did he at any point express to you, "Oh, I see blood on the socks"?

163 MR. GOLDBERG:

Calls for hearsay.

164 THE COURT:

Sustained.

165 MR. NEUFELD:

Did Dennis Fung say anything to you to indicate that he observed stains on the socks?

166 MR. GOLDBERG:

Calls for hearsay.

167 THE COURT:

Sustained.

168 MR. NEUFELD:

When you were up in the bedroom, did you examine the carpet where the socks were found?

169 MS. MAZZOLA:

I did not personally, no.

170 MR. NEUFELD:

Did you see Dennis Fung look at the carpet where the socks were found?

171 MR. GOLDBERG:

Vague as to look.

172 THE COURT:

Overruled.

173 MS. MAZZOLA:

I can't remember if I saw him looking at the carpet while he picked up the socks or not.

174 MR. NEUFELD:

Well, Miss Mazzola, you said that you and he--it was your purpose to be examining items in the house for the presence of blood; is that correct?

175 MR. GOLDBERG:

This has been asked and answered. Objection under 352, this line of questioning.

176 THE COURT:

As to the carpet only, would you focus in on that please? But we've all been to Mr. Simpson's house, the jury, counsel. We've seen the number of items that are there. If we go through each and every item, we'll be here for a long time. I suggest we not do that, especially since there are only a few items in the house.

177 MR. NEUFELD:

Fine.

178 MR. NEUFELD:

You just--well, with respect to the carpet in the room--

179 THE COURT:

With respect to the carpet.

180 MR. NEUFELD:

--both the large carpet and the smaller area rug as well, you didn't observe any flecks of blood on that carpeting; isn't that right?

181 MS. MAZZOLA:

The areas I looked at, I did not.

182 MR. NEUFELD:

And you did not observe any smears of blood on that carpet or on that rug; isn't that correct?

183 MS. MAZZOLA:

On the areas I looked at, I did not.

184 MR. NEUFELD:

And nor did you observe any drop of blood at either of those locations, did you?

185 MS. MAZZOLA:

At the areas I looked at, no, I did not.

186 MR. NEUFELD:

And in the areas that you looked at on that carpet and on that rug, did you observe any soil?

187 MS. MAZZOLA:

I can't remember if I saw soil or not.

188 MR. NEUFELD:

Well, if you saw an unusual amount of soil--if you saw any soil at all, would it have been your standard practice to call that to Dennis Fung's attention?

189 MS. MAZZOLA:

It depends on what you regard as any amount. I mean carpet naturally has some dirt on it.

190 MR. NEUFELD:

Did you see any soil as opposed to other types of debris on the rug or on the carpet when you inspected it on June 13th?

191 MS. MAZZOLA:

I do not believe so.

192 MR. NEUFELD:

And you said that the one place that you actually saw a red stain was on the floor of the bathroom in the master bathroom; is that right?

193 MS. MAZZOLA:

That's correct.

194 MR. NEUFELD:

And it was just a small faint smear, wasn't it?

195 MS. MAZZOLA:

It was small, yes.

196 MR. NEUFELD:

Wasn't a drop. It was simply a smear; isn't that correct?

197 MS. MAZZOLA:

That is correct.

198 MR. NEUFELD:

And you do not know or did not know at the time how long that faint smear of blood had been on that floor, do you?

199 MS. MAZZOLA:

I don't know, no.

200 MR. NEUFELD:

Well, Miss Mazzola, have either you or any member of your family ever cut yourself shaving in the bathroom?

201 MR. GOLDBERG:

This is irrelevant, your Honor.

202 THE COURT:

Sustained.

203 MR. NEUFELD:

Miss Mazzola, based on your professional experience, do you find it unusual that you would see one small faint smear of blood on the floor of the bathroom?

204 MR. GOLDBERG:

Irrelevant. Calls for speculation.

205 THE COURT:

Sustained. Is there any way to date blood samples that you find at scenes?

206 MS. MAZZOLA:

I--my experience, I don't know.

207 THE COURT:

Move on.

208 MR. NEUFELD:

Now, Miss Mazzola, when you returned to Rockingham that afternoon, you did collect several items of evidence; isn't that right?

209 MS. MAZZOLA:

That's right.

210 MR. NEUFELD:

And it was your practice to write down on the field notes every item of evidence that you and Mr. Fung received; isn't that right?

211 MS. MAZZOLA:

Yes.

212 MR. NEUFELD:

And it was the standard procedure at SID that you would record the collection of each item in the field notes at or about the time that the item was actually received; isn't that correct?

213 MS. MAZZOLA:

Yes.

214 MR. NEUFELD:

And in fact, over the two days, June 13th and June 14th, you were asked to record the collection of approximately 50 or so items; isn't that correct?

215 MS. MAZZOLA:

I'm not sure exactly how many. Quite a few.

216 MR. NEUFELD:

Well, could you look at your notes to refresh your recollection to see the approximate number of items that you collected during those two days?

217 THE COURT:

Doesn't the evidence collection sheet speak for itself? The jury has seen it. We know it's a lot of items.

218 MR. NEUFELD:

Right. I believe, your Honor, it's approximately 50, 55 items. And I didn't want to testify.

219 THE COURT:

I agree. Do we need to have the time to have the witness sit here and count the number of items?

220 MR. NEUFELD:

No.

221 MR. NEUFELD:

Miss Mazzola, other than the blood vial belonging to Mr. Simpson, isn't it a fact that every other item was recorded over those two days contemporaneous to its being collected?

222 MS. MAZZOLA:

Except two items we recovered before we left Rockingham on that day.

223 MR. NEUFELD:

You said except for two items?

224 MS. MAZZOLA:

Correct.

225 MR. NEUFELD:

And what number were those two items?

226 MS. MAZZOLA:

Property items 15 and 16.

227 MR. NEUFELD:

Well, in your field notes, did you make an entry that property items 15 and 16 were collected at 17--at approximately 1700 hours?

228 MS. MAZZOLA:

That is the entry, yes.

229 MR. NEUFELD:

And did you make that entry in the afternoon while you were at Rockingham before you left Rockingham?

230 MS. MAZZOLA:

No.

231 MR. NEUFELD:

When and where did you make those entries for items 15 and 16, Miss Mazzola?

232 MS. MAZZOLA:

It was the following day at the laboratory.

KEY QUOTE
233 MR. NEUFELD:

Do you have an independent recollection of that?

234 MS. MAZZOLA:

It was at the laboratory the next day.

235 MR. NEUFELD:

No. I'm asking you, do you have an independent recollection that it was at the laboratory the next day or did someone tell you or suggest to you that that's when it was?

236 MS. MAZZOLA:

It's my handwriting. That is the only time it could be.

237 MR. NEUFELD:

Well, no. Miss Mazzola, your handwriting appears in these field notes as saying the time of collection was 1700 hours. By looking at your handwriting in those notes, you can't tell whether you made that entry at approximately 1700 hours on June 13th or the next day, can you?

238 MS. MAZZOLA:

It was not made on June 13th.

239 MR. NEUFELD:

And how do you know that it was not made on June 13th?

240 MS. MAZZOLA:

Because our field notes were in the posse box which was locked in the back of the truck at the time.

241 MR. NEUFELD:

Miss Mazzola, are you saying that you did not collect items 15 and 16 until after the--I'm sorry. What were the field notes on; a clipboard?

242 MS. MAZZOLA:

The posse box, yes. Clipboard.

243 MR. NEUFELD:

Well, no, no, no. Is the posse box different than a clipboard?

244 MS. MAZZOLA:

It has a--it serves as a posse box and clipboard. There's a place to hold the papers on the outside.

245 MR. NEUFELD:

All right. And are you saying that before you collected items 15 and 16, you had already put the posse box--put the posse box in the rear of the van and locked the van?

246 MS. MAZZOLA:

Yes.

247 MR. NEUFELD:

And how do you know that items 15 and 16 were collected after the posse box was locked in the van as opposed to before?

248 MS. MAZZOLA:

Because our kits were also in the back of the truck that had our packaging material.

249 MR. NEUFELD:

Miss Mazzola, your kits with your packaging material were locked in the box--I'm sorry. Your kits with your packaging material were locked in the rear of the van at the same time you locked the posse box in the rear of the van; is that correct?

250 MS. MAZZOLA:

That's correct.

251 MR. NEUFELD:

And have you seen any videotape showing you walking to the van with your kit?

252 MS. MAZZOLA:

I've seen many videos, but I believe I've seen a few with us walking to the truck with the kits.

253 MR. NEUFELD:

And when you're walking to the truck with kits, you're also walking with a posse box, correct?

254 MS. MAZZOLA:

I believe the posse box is also there, yes.

255 MR. NEUFELD:

And on that videotape that you saw which showed you walking to the back of the van with those items, there was a time code on that tape; was there not?

256 MS. MAZZOLA:

I don't remember.

257 MR. NEUFELD:

Well--

258 MR. NEUFELD:

One moment, your Honor. Your Honor, with the Court's permission, I would like to show the tape.

259 THE COURT:

What item number?

260 MR. NEUFELD:

That's what I'm trying to find.

261 (Brief pause.)
262 MR. NEUFELD:

Item 186, please. Your Honor, it may take a minute because I didn't anticipate it. I'm sorry.

263 (Brief pause.)
264 MR. NEUFELD:

Miss Mazzola, while he's getting that, just so I can back up a second, the reason you believe that the two entries of 1700 for items 15 and 16 were written the next day was because you believe that at the time you picked up 15 and 16, the posse box which contained the field notes was already locked in the van; is that correct?

265 MS. MAZZOLA:

That's correct.

266 MR. NEUFELD:

And the reason you believe that the posse box was locked in the van at that particular time is because you saw a videotape of yourself locking the posse box in the van; isn't that correct?

267 MS. MAZZOLA:

I remember when we collected items 15 and 16 and what we packaged them in. That's why I know that we did not have our kits or the posse box with us.

268 MR. NEUFELD:

Miss Mazzola, as you can best recall today, what were items 15 and 16 packaged in?

269 MS. MAZZOLA:

They were placed in a plastic garbage bag.

270 MR. NEUFELD:

And, Miss Mazzola, on the field notes where it says "Packaged in," Did you write down what items 15 and 16 were packaged in?

271 MS. MAZZOLA:

No.

272 MR. NEUFELD:

Thank you.

273 (Discussion held off the record between Defense counsel.)
274 MR. NEUFELD:

I'll show that portion of the tape.

275 (At 1131, People's exhibit 186, a videotape, was played.)
276 THE COURT:

Starting with 17:10:59.

277 MR. NEUFELD:

Right. Okay. Could we stop there for a minute?

278 MR. NEUFELD:

Now, Miss Mazzola, it's at this point that you locked your posse box with other items of evidence in the rear of the van; is that right?

279 MS. MAZZOLA:

That's right.

280 MR. NEUFELD:

And it's already been stipulated to in this case that the time that you see on that videotape is in fact the correct time given or take--what was it--give or take 30 seconds. So that would mean that the time that you locked the posse box and the other items of evidence in your kit in the back of the van is approximately 1711. Would you agree, ma'am?

281 MS. MAZZOLA:

I agree.

282 MR. NEUFELD:

So would you agree, ma'am, that the time of 1700 hours is approximately 11 minutes before you locked that posse box in the back of the van?

283 MS. MAZZOLA:

17 to 17:11, yes.

284 MR. NEUFELD:

So would you agree, ma'am, that had in fact items 15 and 16 been collected at 1700 hours, the time that you put on your field report, they could have been collected and packaged the ordinary way prior to the time that you locked the posse box and the kit in the rear of the van? Would you agree with that?

KEY QUOTE
285 MS. MAZZOLA:

If they had been collected at 1700 hours, yes.

286 MR. NEUFELD:

And 1700 hours, ma'am, is the time that you put down on your field notes, isn't it?

287 MS. MAZZOLA:

That was written there and I made a mistake.

KEY QUOTE
288 MR. NEUFELD:

But, Miss Mazzola, you said a moment ago that you don't even have an independent recollection of writing these entries the next day, but that you were relying on the fact that you must have written them the next day because the posse box at 1700 hours was locked in the back of the van. Isn't that correct?

289 MR. GOLDBERG:

This misstates the testimony.

290 THE COURT:

Sustained. It's argumentative as well.

291 MR. NEUFELD:

Just for the record, your Honor, I think the time should be noted that she's closing--locking the rear of the van at 17 hours, 11 minutes and 51 seconds.

292 THE COURT:

Noted.

293 (At 11:32 A.M., the playing of the videotape was concluded.)
294 MR. NEUFELD:

Now, would you agree, Miss Mazzola, that except for the blood vial of Mr. Simpson, every item that you collected during those two days, June 13th and June 14th, was recorded in the order in which it was collected?

295 MS. MAZZOLA:

I believe there was an item of evidence that Detective Lange brought to the laboratory that might be out of order.

296 MR. NEUFELD:

Well, when was it collected by the criminalist? Would that be on the morning of June 14th?

297 MS. MAZZOLA:

Let me double-check.

298 MR. GOLDBERG:

No showing of personal knowledge.

299 THE COURT:

Overruled.

300 MS. MAZZOLA:

It was on the 14th.

301 MR. NEUFELD:

And when you say it's not in sequence, you mean to say that in your original field notes, you recorded the sneakers as being received by the criminalist prior to the time that the criminalist received the blood vial of Mr. Simpson's blood; isn't that correct?

302 MS. MAZZOLA:

That is correct.

303 MR. NEUFELD:

And other than that one switch that you've just described, were all other 50 or so items collected and recorded in--I'm sorry--recorded in your field notes in the order in which they were collected?

304 MS. MAZZOLA:

I believe so.

305 MR. NEUFELD:

And isn't that one of the reasons that you carry the clipboard in the first place, so you can record the different items that you collect in the sequence in which you receive them?

306 MS. MAZZOLA:

It is just to give us a stable writing surface so we can write things down.

307 MR. NEUFELD:

Well, I'm sorry. I don't mean the clipboard. I mean the field notes. Isn't that one of the reasons that you keep the field notes?

308 MS. MAZZOLA:

So we can write down what we collect and the measurements, things like that.

309 MR. NEUFELD:

And also so you can record things in the field notes in the order in which you collect them; isn't that so?

310 MS. MAZZOLA:

Doesn't have to be in the actual order that we collect things, but just to keep track of things.

311 MR. NEUFELD:

Well, weren't you taught at SID mini academy to record items of evidence sequentially as you collect them? Didn't they teach you that?

312 MS. MAZZOLA:

I don't believe that was ever brought out.

313 MR. NEUFELD:

Is it just a coincidence that in your field notes that except for items 17 and 18, all the other items are recorded in the sequence in which they collect it?

314 MS. MAZZOLA:

It usually works out like that.

315 MR. NEUFELD:

And if you don't have a clipboard handy when you receive an item of evidence, is it your procedure to record that item in the field notes at the first opportunity?

316 MS. MAZZOLA:

Yes.

317 MR. NEUFELD:

You've been taught to do that, right?

318 MS. MAZZOLA:

Yes.

319 MR. NEUFELD:

When it came time to leave Rockingham, the last items that you remember collecting were items 15 and 16; isn't that correct?

320 MS. MAZZOLA:

I collected one and Mr. Fung collected the other, yes.

321 MR. NEUFELD:

Which of those two items did you collect and which did Mr. Fung collect?

322 MR. GOLDBERG:

I'll object to any more testimony to 15 and 16.

323 THE COURT:

Just by the numbers. Miss Mazzola, just tell us which number.

324 MS. MAZZOLA:

All right, your Honor. I collected no. 16.

325 MR. NEUFELD:

And 16 was collected on a bench just outside the door, correct?

326 MS. MAZZOLA:

Correct.

327 MR. NEUFELD:

And it was not Mr. Simpson's vial of blood, was it?

328 MS. MAZZOLA:

No.

329 MR. NEUFELD:

And item 15 was collected in a trash basket in a bathroom off the foyer of the house, wasn't it?

330 MS. MAZZOLA:

Correct.

331 MR. NEUFELD:

And no. 15 was not a blood vial of Mr. Simpson's, was it?

332 MS. MAZZOLA:

No, it was not.

333 MR. GOLDBERG:

I would object to that line of questioning and move to strike.

334 THE COURT:

Overruled.

335 MR. NEUFELD:

Now, after you and Dennis Fung went out to load the truck with the posse box and the kits and the brown paper bags of items that you had collected, you and he went back inside for one last check to make sure that nothing had been left behind; isn't that right?

336 MS. MAZZOLA:

That was one of the reasons, yes.

337 MR. NEUFELD:

On the way back inside the house, Miss Mazzola, did you observe Mr. Fung pick up the various photo id number cards that had been left on the driveway?

338 MS. MAZZOLA:

I remember from the videos him picking up the number cards.

339 MR. NEUFELD:

But you don't have an independent recollection of it?

340 MS. MAZZOLA:

No. No.

341 MR. NEUFELD:

And I believe that day in total you used more than a half dozen of those photo id cards in that driveway; isn't that right?

342 MS. MAZZOLA:

Let's see. Maybe not quite half a dozen.

343 MR. NEUFELD:

Well, no. 5 was in the driveway, correct?

344 MS. MAZZOLA:

Correct.

345 MR. NEUFELD:

6 was in the driveway, right?

346 MS. MAZZOLA:

Right.

347 MR. NEUFELD:

7 and 8?

348 MS. MAZZOLA:

Right.

349 MR. NEUFELD:

A, right?

350 MS. MAZZOLA:

A and b, correct.

351 MR. NEUFELD:

B and c?

352 MS. MAZZOLA:

Correct.

353 MR. NEUFELD:

8; is that correct?

354 MS. MAZZOLA:

I stand corrected, yes.

355 MR. NEUFELD:

Okay. And these photo id cards that you used, you carry them or you store them in your black box, your kit box, don't you?

356 MS. MAZZOLA:

Yes.

357 MR. NEUFELD:

So you can use them and recycle them, correct?

358 MS. MAZZOLA:

Correct.

359 MR. NEUFELD:

And it's also your practice, is it not, to take your trash with you when you leave a scene?

360 MS. MAZZOLA:

Correct.

361 MR. NEUFELD:

You don't leave it behind?

362 MS. MAZZOLA:

No.

363 MR. NEUFELD:

And approximately within a half hour after you went back into Mr. Simpson's house, you left to return to SID headquarters, didn't you?

364 MS. MAZZOLA:

I--could be within half hour or so.

365 MR. NEUFELD:

Well, did you look at the videotape which had the time code on it?

366 MS. MAZZOLA:

I might have. I didn't memorize the time.

367 MR. NEUFELD:

And when you walked out the final time, you saw yourself on a videotape carrying a black trash bag; is that right?

368 MS. MAZZOLA:

It was a trash bag, yes.

369 MR. NEUFELD:

And prior to your seeing that videotape, you did not have an independent recollection of your leaving carrying a black trash bag, did you?

370 MS. MAZZOLA:

No. I remember carrying a trash bag. I'm not sure of the color, but I remember carrying a trash bag.

371 MR. NEUFELD:

You had a prior recollection--I'm sorry. You had an independent recollection of that prior to seeing the videotape?

372 MS. MAZZOLA:

Yes.

373 MR. NEUFELD:

And as a basis for forming that prior recollection, did anyone suggest or remind you of the fact that you had been carrying a black trash bag out of the scene?

374 MS. MAZZOLA:

No. I remember carrying a trash bag out at the scene.

375 MR. NEUFELD:

Independently?

376 MS. MAZZOLA:

Yes.

377 MR. NEUFELD:

And when you carried that trash bag out of the scene, at any time did Mr. Fung ever say to you to be careful because it's glass?

378 MR. GOLDBERG:

Calls for hearsay.

379 THE COURT:

Sustained.

380 MR. NEUFELD:

Were you aware when you were carrying that trash bag that it contained breakable glass?

381 MS. MAZZOLA:

No.

382 MR. GOLDBERG:

Still calls for hearsay.

383 THE COURT:

Overruled.

384 MR. NEUFELD:

On the way back to the laboratory, did Dennis Fung ever say to you to make an entry in the field notes that you received a vial of Mr. Simpson's blood?

385 MR. GOLDBERG:

Calls for hearsay.

386 THE COURT:

Sustained.

387 MR. NEUFELD:

May we have a sidebar, your Honor?

388 THE COURT:

It's hearsay. Proceed.

389 MR. NEUFELD:

And the clipboard--I'm sorry--the field notes that were locked in the posse box, when you got back to SID headquarters. They were removed with the items of evidence, weren't they?

390 MS. MAZZOLA:

Yes.

391 MR. NEUFELD:

Everything was brought inside?

392 MS. MAZZOLA:

Yes.

393 MR. NEUFELD:

And how does that posse box open?

394 MS. MAZZOLA:

It has just a simple clip.

395 MR. NEUFELD:

Oh, it doesn't need a key?

396 MS. MAZZOLA:

No.

397 MR. NEUFELD:

All right.

398 (Discussion held off the record between the Defense counsel.)
399 MR. NEUFELD:

Miss Mazzola, how much later after you went back into Rockingham for the second time was it before you collected items 15 and 16 approximately?

400 MS. MAZZOLA:

When we went back the second time--

401 MR. NEUFELD:

When I say the second time, ma'am, just so I can clear this up for you, I don't mean returning at 3 o'clock or 3:15. I mean you went out to the truck with your posse box and kit and then you went right back in for one last check.

402 MS. MAZZOLA:

Right.

403 MR. NEUFELD:

After you went in for that one last check, how much time passed before you collected item 15?

404 MS. MAZZOLA:

Item 15 was--I'm not sure which one.

405 MR. NEUFELD:

Do you have a note that indicates how long it was after you returned for one last check before you picked item 15?

406 MS. MAZZOLA:

No. I was just making sure which item was item 15.

407 MR. NEUFELD:

Oh, okay.

408 MS. MAZZOLA:

I picked up item 16 on our way in and Mr. Fung I believe picked up item 15 within a couple of minutes of that.

409 MR. NEUFELD:

When you got back to the lab from Rockingham, did you make any entry in your field notes to indicate that you had or Mr. Fung had collected a vial of blood?

410 MS. MAZZOLA:

No.

411 MR. NEUFELD:

And your field notes were with you at that point in time, weren't they?

412 MS. MAZZOLA:

Yes.

413 MR. NEUFELD:

Now, when you got back to the SID laboratory earlier that evening, would you agree that the most time-consuming matter for you was the removal of the little swatches with bloodstains and having them transferred into test tubes?

414 MS. MAZZOLA:

That's correct.

415 MR. NEUFELD:

And what did you do with the other brown paper bags that contained the items that had been collected?

416 MS. MAZZOLA:

They were placed on one of the tables in the evidence processing room.

417 MR. NEUFELD:

And were simply left there as brown paper bags?

418 MS. MAZZOLA:

Yes.

419 MR. NEUFELD:

And is it SID standard procedure for storing wet stains over night to allow them to dry in a cardboard box?

420 MS. MAZZOLA:

They are put into a cabinet for drying, yes.

421 MR. NEUFELD:

Well, in that cabinet, they're placed in a cardboard box; isn't that right?

422 MS. MAZZOLA:

That is correct.

423 MR. NEUFELD:

And is it the standard procedure at SID that when you receive a test tube of whole blood to refrigerate it as soon as is practicable?

424 MS. MAZZOLA:

I personally have never received a tube of blood like that.

425 MR. NEUFELD:

But you have been taught things at the SID mini academy, haven't you?

426 MS. MAZZOLA:

Yes, but I can't remember what they said about a tube of blood.

427 MR. NEUFELD:

As you sit here today, you have no recollection whether in all of those lectures at the SID mini academy anyone ever said to you you should refrigerate a vial of blood as quickly as practicable?

428 MR. GOLDBERG:

Asked and answered.

429 THE COURT:

Overruled.

430 MS. MAZZOLA:

I can't remember if it was brought up. It could have been brought up. I don't remember.

431 MR. NEUFELD:

Had anyone taught you at the SID mini academy that it was okay to leave a vial of whole blood in a trash can on a counter overnight?

432 MR. GOLDBERG:

Irrelevant.

433 THE COURT:

Assumes facts--assumes facts not in evidence.

434 MR. NEUFELD:

Your Honor, that's Mr. Fung's testimony.

435 THE COURT:

In a trash can?

436 MR. NEUFELD:

In a trash bag I said. And if I said trash can, I stand corrected and I withdraw the question and I'll rephrase the question.

437 THE COURT:

Please.

438 MR. NEUFELD:

Was it--had you been taught by anyone at the SID mini academy that it was okay to store a vial of whole blood in a trash bag on a counter in an unrefrigerated capacity overnight?

439 MS. MAZZOLA:

I don't believe that was brought up.

440 MR. NEUFELD:

In fact, the first time that the blood vial of Mr. Simpson is recorded in your notes is the next morning, June 14th; isn't that right?

441 MS. MAZZOLA:

I believe it was sometime the next day.

442 MR. NEUFELD:

Do you know if it was the morning or the afternoon?

443 MS. MAZZOLA:

I--I'm not sure which one it was.

444 MR. NEUFELD:

Do you have any independent recollection as to when it was?

445 MS. MAZZOLA:

No, I do not.

446 MR. NEUFELD:

Isn't it true that it was not--that the blood vial was not recorded by you until after you were told about the sneakers that Detective Lange had dropped off at the SID laboratory?

447 MS. MAZZOLA:

That is correct.

448 MR. NEUFELD:

And thus, it was at that point in time that you made the notations in the field notes identifying the tennis sneakers as item 17; isn't that correct?

449 MS. MAZZOLA:

They were recorded in the notes, yes.

450 MR. NEUFELD:

And it's at that point in time after you were told about the sneakers that you were then told about Mr. Simpson's blood vial; isn't that right?

451 MR. GOLDBERG:

Still calls for hearsay.

452 THE COURT:

Sustained.

453 MR. NEUFELD:

Isn't it true that you then recorded--after you recorded the sneakers as item 17, that you then recorded the blood vial of Mr. Simpson as item 18?

454 MS. MAZZOLA:

That's correct.

455 MR. NEUFELD:

And the reason that you recorded it in that sequence at that time is, at that point in time, it was your understanding, was it not, that item 17 had been collected prior to item 18?

456 MR. GOLDBERG:

Calls for hearsay.

457 THE COURT:

Overruled.

458 MS. MAZZOLA:

The tennis shoes were brought to my attention first. So I recorded it first.

459 MR. NEUFELD:

Ma'am, didn't you also say a little while ago that it was your practice whenever possible to record items as they are collected sequentially?

460 MS. MAZZOLA:

As much as possible, yes.

461 MR. NEUFELD:

Right. And so when you received these items, the reason you recorded no. 17 as the sneakers and no. 18 as the blood vial is because at that point in time, it was your state of mind that no. 18 was received by SID after the sneakers?

462 MS. MAZZOLA:

The sneakers were brought to my attention. I wrote them in the field notes. Later the blood vial was brought to my attention.

KEY QUOTE
463 MR. NEUFELD:

Now, I think you said earlier or we agreed earlier, I don't recall which, that there were more than 50 items collected on the 13th and 14th by you and/or Dennis Fung; is that right?

464 MS. MAZZOLA:

I believe we agreed on that, yes.

465 MR. NEUFELD:

And isn't it true that the only items of evidence where you were instructed to change the numbers were for the sneakers and the blood vial?

KEY QUOTE
466 MS. MAZZOLA:

I believe that is correct, yes.

467 MR. NEUFELD:

Now, on August 23rd, 1994, you testified at a hearing in this case, didn't you?

468 MS. MAZZOLA:

I believe it was sometime in August, yes.

469 MR. NEUFELD:

And you swore to tell the truth at that hearing?

470 MS. MAZZOLA:

Yes.

471 MR. NEUFELD:

And at that hearing, in sum and substance, Miss Mazzola, did you testify that you never saw Vannatter transfer the reference sample of Mr. Simpson's blood at any time after 5:00 P.M. on June 13th?

472 MR. GOLDBERG:

I would ask for page and lines cited.

473 THE COURT:

Sustained.

474 MR. NEUFELD:

Well, when you testified on August 23rd, didn't you swear that the last item of evidence collected while you were still at Mr. Simpson's home--

475 THE COURT:

Excuse me, counsel. Page and line.

476 MR. NEUFELD:

762.

477 (Brief pause.)
478 THE COURT:

762, what line, counsel?

479 MR. NEUFELD:

Line 8 through line 11 bearing in mind the Court's instructions.

480 MR. GOLDBERG:

Your Honor, I object to this. It's not inconsistent with anything the witness just testified to.

481 THE COURT:

Sustained.

482 MR. NEUFELD:

Well, isn't it true that the last item that--

483 MR. NEUFELD:

Your Honor, I believe that this was gone into on direct examination, reading this testimony.

484 THE COURT:

No. No. I'm sustaining the objection under 770 1335.

485 MR. NEUFELD:

Isn't it true, Miss Mazzola, that the last item that was picked up at Rockingham that day was item no. 16?

486 MS. MAZZOLA:

The last item that I remember personally being picked up was item 16, yes.

487 MR. NEUFELD:

And I believe you said that if an item is picked up by someone else and then given to you, you would also record that in the field notes, correct?

488 MS. MAZZOLA:

Correct.

489 MR. NEUFELD:

You didn't simply record those items that you personally observed the collection of; isn't that correct?

490 MS. MAZZOLA:

That is correct.

491 MR. NEUFELD:

And isn't it true, ma'am, that from the time you collected item 16 until the time you ultimately left Rockingham to return to SID, that you and Fung were standing together the entire time?

492 MS. MAZZOLA:

No.

493 MR. NEUFELD:

Well, on August 23rd--

494 MR. NEUFELD:

Referring to page 762, your Honor.

495 THE COURT:

Line 24.

496 MR. NEUFELD:

Beginning at line 24. That's correct.

497 THE COURT:

Proceed.

498 MR. NEUFELD:

Were you asked these questions and did you give these answers back on August 23rd at a hearing in this case? "Question: Were you with Mr. Fung the entire time after you picked up the last item at 1700 hours until you departed for your next designation? "Answer: I believe I was, yes." On August 23rd, you were asked that question and you gave that answer, didn't you?

499 MS. MAZZOLA:

Yes.

500 MR. NEUFELD:

And when you were asked that question on August 23rd, you were testifying based on your memory, weren't you?

501 MS. MAZZOLA:

To the best I remembered, yes.

502 MR. NEUFELD:

Well, you never said, ma'am, in regard to that question, "I don't recall, I don't know," Did you?

503 MS. MAZZOLA:

I said there I believe so, yes.

504 MR. NEUFELD:

And then you said yes, "I believe I was, yes." Isn't that your answer?

505 MS. MAZZOLA:

I believe I was, yes.

506 MR. NEUFELD:

Okay. You didn't in any way say, "This is something I don't remember. I don't recall if I was with Mr. Fung the entire time," Did you?

507 THE COURT:

It's argumentative. The answer stands and speaks for itself, counsel.

508 MR. NEUFELD:

One moment, your Honor.

509 (Brief pause.)
510 MR. NEUFELD:

And isn't it true, Miss Mazzola, that after item 16 was collected, no other item was recorded in your notes as having been received on June 13th?

511 MS. MAZZOLA:

At that time, no.

512 MR. NEUFELD:

And since you testified back in August with regard to this matter, have other people suggested to you that your failure to substantiate Vannatter's and Fung's claim that Mr. Simpson's blood was given to Fung on June 13th was a problem for the Prosecution's case?

513 MS. MAZZOLA:

No.

514 MR. NEUFELD:

Was there any discussion, Miss Mazzola, in the laboratory about the fact that the television was reporting DNA test results on socks prior to the actual testing?

515 THE COURT:

Sustained.

516 MR. NEUFELD:

To your knowledge, Miss Mazzola--

517 THE COURT:

Excuse me. Excuse me. The jury is to disregard the implication of that question.

518 MR. NEUFELD:

To your knowledge, Miss Mazzola, was anyone in the laboratory being investigated in connection with any alleged leaks?

519 THE COURT:

Sustained.

520 MR. GOLDBERG:

Irrelevant.

521 MR. NEUFELD:

As early as November 1994, Miss Mazzola, was there a concern in the laboratory about allegations that there had been tampering with Mr. Simpson's blood?

522 MR. GOLDBERG:

Your Honor, this is irrelevant.

523 THE COURT:

Overruled.

524 MS. MAZZOLA:

I do not remember if there was a concern over tampering with the sample.

525 MR. NEUFELD:

Well, had there been discussion among the lab people at SID with regard to an allegation of tampering with Mr. Simpson's blood?

526 THE COURT:

That's hearsay.

527 MR. NEUFELD:

I'm offering it for her state of mind, your Honor.

528 THE COURT:

It's hearsay, counsel. It's also irrelevant at this point.

529 MR. NEUFELD:

Miss Mazzola, you testified that you had discussed this case with several people in the laboratory; is that right?

530 MS. MAZZOLA:

Not only discussed. Just watched a bit of TV or listened to the radio a bit.

531 MR. NEUFELD:

Well, didn't you testify on cross-examination last week that you discussed your involvement in this case with Michelle Kestler, your boss at SID?

532 MS. MAZZOLA:

She more or less wanted to give me pointers on how to communicate. She did not tell me what to say or how to say it.

533 MR. NEUFELD:

Did you discuss with her the facts of your alleged involvement in this case?

534 MR. GOLDBERG:

I object to the word "Alleged."

535 THE COURT:

Sustained.

536 MR. NEUFELD:

Did you discuss with her the nature or fact--did you discuss with her the nature of your involvement in this case?

537 MS. MAZZOLA:

Not really.

538 MR. NEUFELD:

It's your recollection that the only thing you discussed with Miss Kestler were pointers on how to conduct yourself on the witness stand?

539 MS. MAZZOLA:

To the best I remember, yes.

540 MR. NEUFELD:

You have no recollection of discussing with her the substance of your involvement in this case?

541 MS. MAZZOLA:

No.

542 MR. NEUFELD:

Well, you said that on one occasion I believe as recently as April of 1995, you discussed this case with Miss Kestler, Mr. Yamauchi and Mr. Matheson; is that correct?

543 MS. MAZZOLA:

We had a short meeting, yes.

544 MR. NEUFELD:

And was that meeting simply to discuss pointers on how to conduct yourself on the witness stand?

545 MS. MAZZOLA:

Yes.

546 MR. NEUFELD:

It didn't have any discussion at all--I'm sorry. It didn't include any discussion at all about the extent of your actual involvement in the case?

547 MS. MAZZOLA:

No.

548 MR. NEUFELD:

Isn't it true that you had a discussion about this case in the presence--about the actual involvement in this case in the presence of Michelle Kestler back in November of 1994?

549 MS. MAZZOLA:

I can't remember what happened back in November of `94.

550 MR. NEUFELD:

Well, Miss Mazzola, isn't it a fact that on November 22nd, 1994, you discussed this case, your involvement in this case in the presence of Michelle Kestler and in the presence of two detective investigators from the District Attorney's office? Isn't that a fact?

551 MS. MAZZOLA:

There was a meeting, yes. I'm not sure of the date.

552 MR. NEUFELD:

And at that meeting with Miss Kestler and the two detectives, you discussed your involvement in this case, didn't you?

553 MR. GOLDBERG:

Your Honor, I object to this. We're at the noon recess, but I would like a sidebar.

554 THE COURT:

Objection sustained at this point.

555 MR. NEUFELD:

May we break now for lunch, your Honor?

556 THE COURT:

I thought you were about to finish.

557 MR. NEUFELD:

No, I'm not.

558 THE COURT:

How much more do you have?

559 MR. NEUFELD:

On this subject, I have approximately 10 minutes and--15 minutes and then I'm going into the other matter for which we're waiting for certain items.

560 THE COURT:

What's your time estimate?

561 MR. NEUFELD:

I'm sorry?

562 THE COURT:

What is your time estimate on that?

563 MR. NEUFELD:

That will take--the last portion of my examination will take I believe less than one hour.

564 THE COURT:

All right. Ladies and gentlemen, we'll take our recess for the morning session. Please remember all of 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. See you back here at 1:30. Miss Mazzola, you are excused until 1:30. All right. All right. I would like to see co-lead counsel in chambers, please.

Temperature

tense

Key Quotes (5)

Andrea Mazzola
It was the following day at the laboratory.
Mazzola admits the field note entries for items 15 and 16 — timestamped 1700 hours — were actually written the next day, which Neufeld then used the videotape to show was potentially unnecessary, since the posse box wasn't locked until 17:11.
Peter Neufeld
So would you agree, ma'am, that had in fact items 15 and 16 been collected at 1700 hours, the time that you put on your field report, they could have been collected and packaged the ordinary way prior to the time that you locked the posse box and the kit in the rear of the van?
The crux of the impeachment: the 1700 time Mazzola wrote is actually 11 minutes before the van was locked, demolishing her explanation for why those entries had to be written the next day.
Andrea Mazzola
That was written there and I made a mistake.
Mazzola concedes the 1700 timestamp was an error, but cannot explain how she knows when she actually made the entry.
Andrea Mazzola
The sneakers were brought to my attention. I wrote them in the field notes. Later the blood vial was brought to my attention.
Establishes that Mr. Simpson's blood vial was not independently tracked or recorded — it was only logged after someone told Mazzola about it the next day, in sequence after the sneakers.
Peter Neufeld
And isn't it true that the only items of evidence where you were instructed to change the numbers were for the sneakers and the blood vial?
Highlights that of 50+ items collected, the two that had their sequence numbers altered were the sneakers and Simpson's blood vial — the most critical evidence in the case.

Evidence (8)

People's 186
Videotape of the Rockingham crime scene with time code, showing Mazzola and Fung locking the posse box and kit in the rear of the van at 17:11:51
played in court; used to impeach Mazzola's timeline for items 15 and 16
Informal
Mazzola's field notes from June 13 and 14, including timestamps and item sequence entries
discussed and challenged; used to establish back-dating of items 15 and 16 and late entry of blood vial
Informal
OJ Simpson's blood reference vial (item 18)
discussed; Neufeld established it was not recorded until June 14, after sneakers (item 17) were logged
Informal
Dark socks from OJ Simpson's bedroom floor
discussed; Mazzola admitted she did not personally examine them before Fung bagged them
Informal
Items 15 and 16 (non-blood items collected from bench and bathroom trash basket at Rockingham)
discussed; collection time and note-entry sequence challenged
Informal
Tennis sneakers dropped off by Detective Lange (item 17)
discussed; Neufeld used the sequence of logging sneakers then blood vial to suggest blood vial's chain of custody was suspect
+ 2 more

Notable Exchanges (5)

Peter NeufeldAndrea Mazzola
Neufeld played videotape showing the posse box locked at 17:11:51, then walked Mazzola through the arithmetic: the 1700 time she recorded for items 15 and 16 is 11 minutes before the van was locked, meaning she could have written the entry contemporaneously. Her explanation for the back-dated entry collapsed.
devastating
Peter NeufeldAndrea Mazzola
Neufeld established the blood vial was not logged until after Mazzola was told about the sneakers on June 14, and that of 50+ items, only the sneakers and blood vial had their numbering changed — the two most consequential pieces of evidence.
strategic
Peter NeufeldAndrea Mazzola
Neufeld confronted Mazzola with her August 23 hearing testimony that she believed she was with Fung 'the entire time' after picking up the last item, contrasting it with her current testimony that they were not together the whole time.
revealing
Lance A. ItoPeter Neufeld
Ito interrupted repeatedly to push back on redundant lines of questioning, at one point noting 'we've all been to Mr. Simpson's house, the jury, counsel' and cautioning against going through every item in the house.
tense
Peter NeufeldLance A. Ito
Neufeld attempted to introduce questions about lab leaks of DNA results and tampering allegations; Ito sustained most of these as irrelevant or hearsay and instructed the jury to disregard the implication of one question.
procedural

Light Moments (2)

Peter Neufeld
Neufeld caught himself converting 1630 military time to 3:30 PM before self-correcting to 4:30 PM, prompting Mazzola to simply confirm '4:30.'
Lance A. Ito
After Neufeld said 'trash can,' Ito raised an eyebrow ('In a trash can?') and Neufeld immediately corrected himself to 'trash bag.'

Credibility Attacks (4)

⚔ Andrea Mazzola
prior inconsistent statement
Neufeld read back Mazzola's August 23, 1994 hearing testimony that she believed she was with Fung 'the entire time' after collecting the last item, contrasting it with her trial testimony that they were not together the whole time.
⚔ Andrea Mazzola
internal contradiction via videotape
Mazzola's explanation for why field note entries for items 15/16 had to be written the next day — that the posse box was already locked — was undercut by People's 186, which showed the posse box was locked at 17:11:51, eleven minutes after the 1700 timestamp she wrote.
⚔ Andrea Mazzola
omission / failure to document
Neufeld established that Mazzola recorded collection times inconsistently (noted time for item 6 at Rockingham, not for any Bundy stains), could not articulate any criteria for the difference, and admitted she 'simply forgot' Fung's instruction to note start and end times at Bundy.
⚔ Andrea Mazzola
bias / coaching
Neufeld drew out that Mazzola met with SID lab director Michelle Kestler, Yamauchi, and Matheson in April 1995, and also met with Kestler and DA investigators in November 1994, pressing on whether those meetings involved substantive discussion of her involvement in the case rather than mere testimony coaching.

Witness Demeanor

Mazzola was measured but frequently fell back on 'I don't remember' and 'I can't be positive' under pressure.
Several instances where she offered qualified answers ('at the areas I looked at') suggesting careful, coached hedging.
Notably direct when pressed into a corner on the 1700 timestamp: 'That was written there and I made a mistake.'

Objections

27 objections (12 sustained, 13 overruled)
Proceeding 5812 • 564 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 APR 26, 1995 📄 Cross-examination of Andrea Ma
APR 26, 1995 KRT DvH TD