Cross-examination of Andrea Mazzola (part 4)

📄 Cross-examination of Andrea Mazzola (part 4) — Wednesday, April 26, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\26\CROSS-EXAMINATION-OF-ANDREA-MA.DOC

TRIAL

▲ Day 62 of 167

◀ Administrative matters: witness testimony Sidebar ▶

Witness: Andrea Mazzola
Examiner: Peter Neufeld
Called by: Prosecution • Date: Wednesday, April 26, 1995 • Utterances: 94

Peter Neufeld cross-examines Andrea Mazzola about a November 22, 1994 meeting she had with her boss Michele Kestler and two DA investigators at a restaurant near Piper Tech. Neufeld presses her on what was discussed — specifically her role in collecting evidence and whether Kestler briefed her on the blood vial pass-off — but Mazzola repeatedly claims she doesn't remember. Neufeld introduces a DA report (Defense 1120) revealing the meeting was surreptitiously recorded, which Mazzola had not disclosed when asked earlier about her discussions with Kestler.

# 1 MR. NEUFELD:

Good afternoon. Sorry for the delay.

THE JURY: Good afternoon.

CROSS-EXAMINATION (RESUMED) BY MR. NEUFELD

# 2 MR. NEUFELD:

Good afternoon, Miss Mazzola.

# 3 MS. MAZZOLA:

Good afternoon.

# 4 MR. NEUFELD:

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

# 5 MS. MAZZOLA:

We had a meeting, yes.

# 6 MR. NEUFELD:

And at that meeting you discussed your actual involvement in this case, didn't you?

# 7 MR. GOLDBERG:

Vague as to "Involvement." Beyond the scope.

# 8 THE COURT:

Overruled. Collection of evidence.

# 9 MR. NEUFELD:

You discussed your involvement in the collection of items of evidence in this case, didn't you?

# 10 MS. MAZZOLA:

No.

# 11 MR. NEUFELD:

Did you discuss how you became involved in this case with those detective investigators?

# 12 MR. GOLDBERG:

Beyond the scope.

# 13 THE COURT:

That is vague.

# 14 MR. NEUFELD:

Did you detect--I'm sorry. Did you discuss what role you played in the collection of evidence, both on the 13th and 14th of June?

# 15 MS. MAZZOLA:

No.

# 16 MR. NEUFELD:

Isn't it a fact that during that meeting with the detectives that you said to them--

# 17 MR. GOLDBERG:

Well--

# 18 MR. NEUFELD:

--that your job--didn't you say to the detective during that meeting that it was your job to collect blood stains on the 13th and to collect stains on the 14th from the Bronco? Didn't you say that during that meeting?

# 19 MR. GOLDBERG:

I think this goes beyond the scope.

# 20 THE COURT:

Overruled.

# 21 MS. MAZZOLA:

I don't remember saying that.

# 22 MR. NEUFELD:

Now, at that same meeting, Miss Kestler was present, wasn't she?

# 23 MS. MAZZOLA:

Yes, she was.

# 24 MR. NEUFELD:

And at that meeting didn't Miss Kestler indicate to you and to the investigators that you were present when Vannatter passed the blood to Mr. Fung?

# 25 MR. GOLDBERG:

It is beyond the scope. It calls for hearsay.

# 26 THE COURT:

Was anything discussed about the collection of the blood vial?

# 27 MS. MAZZOLA:

I don't remember, your Honor.

# 28 MR. NEUFELD:

Isn't it a fact, Miss Mazzola, that during that meeting with the two detective investigators and Michele Kestler, your boss, Michele Kestler said to you "Let me fill you in on a couple of points"?

# 29 MR. GOLDBERG:

Your Honor, I would object to this. It is hearsay.

# 30 THE COURT:

Sustained.

# 31 MR. NEUFELD:

At any point during that meeting did Michele Kestler suggest to you that you actually saw the pass off of O.J.'s blood to Dennis Fung?

# 32 MR. GOLDBERG:

Asked and answered.

# 33 THE COURT:

Overruled.

# 34 MS. MAZZOLA:

I don't remember if she mentioned anything about that or not.

KEY QUOTE

# 35 MR. NEUFELD:

Well, when you say you don't--may I have a very brief side bar, your Honor, so we could go into something?

# 36 THE COURT:

Proceed. You can ask her what she means.

# 37 MR. NEUFELD:

All right.

# 38 MR. NEUFELD:

Well, you said you don't recall whether that came up; is that right?

# 39 MS. MAZZOLA:

That's correct.

# 40 MR. NEUFELD:

Have you ever listened to a tape-recording made of that meeting?

# 41 MS. MAZZOLA:

No.

# 42 MR. NEUFELD:

Are you aware of the fact that a tape-recording was made of that interview with you?

# 43 MS. MAZZOLA:

I seem to remember that a tape-recording was made.

# 44 MR. NEUFELD:

Were you told at that meeting that a tape-recording was made or were you told that sometime later?

# 45 MS. MAZZOLA:

I was told at the meeting, yes.

# 46 MR. NEUFELD:

Isn't it a fact, Miss Mazzola, that that tape-recording of the meeting was made surreptitiously?

KEY QUOTE

# 47 MR. GOLDBERG:

Well, speculation.

# 48 MR. NEUFELD:

Your Honor--

# 49 THE COURT:

Overruled. You can answer the question.

# 50 MS. MAZZOLA:

They told me that it would be taped. That was all right with me. I had no problem with it.

# 51 MR. NEUFELD:

What is next in order?

# 52 THE CLERK:

1120.

# 53 THE COURT:

1120.

# 54 (Deft's 1120 for id = document)

# 55 MR. NEUFELD:

I show you this document--

# 56 THE COURT:

Did you show that to Mr. Goldberg?

# 57 MR. NEUFELD:

Sure.

# 58 MR. GOLDBERG:

Well, there is no foundation for showing her a document.

# 59 MR. NEUFELD:

Showing it to see if it refreshes her recollection on this point.

# 60 THE COURT:

Show it to her.

# 61 MR. GOLDBERG:

No showing that her recollection needs refreshing.

# 62 MR. NEUFELD:

Take a look at this paragraph of the report, the next sentence.

# 63 MS. MAZZOLA:

Okay. (Witness complies.)

# 64 MR. NEUFELD:

Miss Mazzola, isn't it a fact that that interview on November 22nd was surreptitiously recorded by the investigators from the D.A.'s office?

# 65 MR. GOLDBERG:

It is irrelevant. Asked and answered.

# 66 THE COURT:

Overruled.

# 67 MS. MAZZOLA:

That is what the piece of paper says.

KEY QUOTE

# 68 THE COURT:

Does that refresh your recollection as to that fact?

# 69 MS. MAZZOLA:

Not really.

# 70 THE COURT:

Proceed.

# 71 MR. GOLDBERG:

I would ask to strike the witness' comment based upon what the paper said as hearsay.

# 72 THE COURT:

Overruled.

# 73 MR. NEUFELD:

This morning when I asked you about the subject matter of all conversations you had regarding this case where Miss Kestler was present, you said that the only discussions dealt with giving you pointers for when you became a witness; isn't that correct?

# 74 MR. GOLDBERG:

That misstates the testimony.

# 75 THE COURT:

Overruled.

# 76 MS. MAZZOLA:

The meeting--excuse me. The meetings that we had at SID were about the courtroom testimony.

# 77 MR. NEUFELD:

Well, this meeting that occurred on November 22nd, ma'am, was Miss Kestler present at that meeting?

# 78 MS. MAZZOLA:

Yes, she was.

# 79 MR. NEUFELD:

With the two detective investigators from the D.A.'s office, correct?

# 80 MS. MAZZOLA:

Correct.

# 81 MR. NEUFELD:

Where was this meeting held?

# 82 MS. MAZZOLA:

At a restaurant near Piper Tech.

# 83 MR. NEUFELD:

And, umm, when I asked you what discussions you had with Miss Kestler about this case, I didn't limit it to the discussions that you had at SID, did I?

# 84 MS. MAZZOLA:

I do not believe so.

# 85 MR. NEUFELD:

All right. So this discussion that occurred on November 22nd, 1994, which was tape-recorded, was not limited to pointers for you to use when--as a witness in this trial, correct?

# 86 MS. MAZZOLA:

I was not having the discussion with Miss Kestler. She was present, but I was not having a discussion with her.

KEY QUOTE

# 87 MR. NEUFELD:

Ma'am--

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

# 89 THE COURT:

Let me see counsel at the side bar with the Court reporter, please.

# 90 (The following proceedings were held at the bench:)

# 91 THE COURT:

All right. We are over at the side bar. What is your offer of proof as to where we are going with this?

# 92 MR. NEUFELD:

First of all, the good faith basis for the other question was the formal report prepared by the District Attorney said that the interview was surreptitiously recorded so it wasn't a bad faith offer.

# 93 THE COURT:

I assumed that which is why I allowed you to do that. May I see the report, please?

# 94 MR. NEUFELD:

Sure.

Temperature

tense

Key Quotes (4)

Andrea Mazzola

That is what the piece of paper says.

Mazzola acknowledges the document's content about the surreptitious recording without it actually refreshing her recollection — a carefully hedged non-answer that undercuts her credibility.

Andrea Mazzola

I was not having the discussion with Miss Kestler. She was present, but I was not having a discussion with her.

A semantically evasive distinction Mazzola draws to distance herself from the implication that Kestler coached her, after Neufeld catches her omitting this meeting from her earlier account.

Andrea Mazzola

I don't remember if she mentioned anything about that or not.

Mazzola's repeated memory lapses about what Kestler said — especially regarding the blood pass-off — form the core of Neufeld's credibility attack.

Peter Neufeld

Isn't it a fact, Miss Mazzola, that that interview on November 22nd was surreptitiously recorded by the investigators from the D.A.'s office?

Establishes that DA investigators secretly taped the meeting — raising the inference that they were building a record of witness preparation or coaching.

Evidence (1)

Defense 1120

A formal DA investigators' report documenting the November 22, 1994 meeting with Mazzola and Kestler, including notation that the meeting was surreptitiously recorded

Introduced to refresh Mazzola's recollection; she acknowledged what the paper said but denied it refreshed her memory

Notable Exchanges (2)

Peter Neufeld•Andrea Mazzola

Neufeld establishes that the November 22 meeting — held at a restaurant with Kestler and DA investigators — was never mentioned by Mazzola when she was asked about all discussions she had with Kestler about the case. Mazzola tries to deflect by saying she wasn't 'having a discussion' with Kestler even though Kestler was present.

strategic

Peter Neufeld•Lance A. Ito

Sidebar at the end of the transcript where Neufeld provides offer of proof, showing the judge the DA's own report as the good-faith basis for his surreptitious-recording line of questioning.

procedural

Credibility Attacks (3)

⚔ Andrea Mazzola

Prior inconsistent omission

Neufeld establishes that Mazzola failed to disclose the November 22 meeting when asked about her discussions with Kestler, then uses the DA's own report to show the meeting was documented and recorded.

⚔ Andrea Mazzola

Selective memory / evasion

Mazzola repeatedly says 'I don't remember' about substantive topics discussed at the meeting — including Kestler's comments about the blood vial pass-off — while acknowledging she was told the meeting was being recorded.

⚔ Michele Kestler

Witness coaching / improper preparation

Neufeld attempts to establish that Kestler used the November 22 meeting to brief Mazzola on case facts ('Let me fill you in on a couple of points'), including telling her she witnessed the blood pass-off — suggesting orchestrated testimony.

Objections

12 objections (1 sustained, 10 overruled)

Proceeding 5821 • 94 utterances • Prosecution witness

Criminal Trial

Department 103