Now, after you left Rockingham for the second time, you said you returned to your offices at piper tech; is that right?
And you brought all the evidence that had been collected that day into the evidence processing unit?
And, for instance, if I were to enter the evidence processing unit with you and you put up your card to gain access, I would not have to put up my card to go in with you, would I?
And if once inside, someone opened that roll-up door, then other people could come and go from the evidence processing unit through that large door which is big enough for a car or truck; is that right?
Now, you said that when you got back to the evidence processing unit, the items were taken out of the coin envelopes for drying; is that right?
And if they were still wet when they were taken out of the plastic bags, then there would be transfer stains on those plastic bags; is that right?
By the way, did you or Dennis Fung save the black plastic trash bag that you were seen carrying items out of Rockingham that afternoon?
And you said that you and Mr. Fung began to put the wet swatches into the test tubes; is that right?
And the test tube was then put back in the same little brown coin envelope; is that right?
And you do that because the original coin envelope contains the markings to enable you to identify the swatches you collected from other drops at different scenes?
And I believe it's your testimony under direct examination that at least with respect to some of the bloodstains, you personally removed the swatches from the plastic bags and put them into test-tubes; isn't that right?
And you processed that evening both the Rockingham and Bundy items at the same evidence processing unit?
Did you place--I'm sorry. Did you place a sheet of paper on the table before you began to transfer the swatches from the plastic bags to the test tubes?
Did you receive any training at the SID mini academy on the necessity of placing a sheet of paper on the laboratory counter before working with the different items?
For Mr. Fung's procedure, the swatches and envelopes were not in contact with the table.
For the procedure that you utilized, Miss Mazzola, didn't you have to actually use an item to scoop things out of the plastic bag?
I used a pipe--glass--glass pipette to move the swatches into the mouth of the test tube.
Okay. And haven't you been taught to put down some paper just for safety precautions just to avoid an accident of a wet bloody swatch falling onto the table?
And did you wear a pair of gloves for the removal of the swatches from the plastic bags?
And did you wear the glass for the same reason that you wore the gloves at the crime scene; namely as a safety precaution for yourself?
And so do you have any independent recollection as to changing your gloves between the handling of each item that evening?
And the samples from both locations, that is Rockingham and Bundy, were processed in the same room at the same time; is that correct?
I was working at a different table than Mr. Fung, and after a few, I just started labeling the test tubes for him.
Well, when you started working at a different table, were you working on the samples from Rockingham or Bundy as opposed to Dennis Fung working on samples from the other location?
And then the samples from both locations are then laid out on a carton; is that right?
And you lay them out on the bottom of this carton until the bottom is covered with envelopes; is that right?
And you said all the Bundy bloodstains were put into a brown shopping bag back at Bundy; is that right?
Did you ever see when he would--he actually would take a test tube and scoop it right into the plastic bag to scoop out the individual swatches? Is that how he did it?
He maneuvered the swatches from the outside of the bag rather than place anything in the bag itself.
And to get those--those swatches that are sticking to the plastic bag, did he use the tube to sort of scoop them out?
Is it possible that when he did this, that blood would sometimes collect on the outside lip of the test tube?
When the test tube is then placed into the coin envelope, is the lip of the test tube sticking out?
Has anyone at the SID taught you that when the blood--that when blood on the test tube or on the lip of the test tube dries, it can flake or aerosol?
Have you ever been taught anything about the dangers of or the possibility--I'm sorry. Withdrawn. Have you received any training at all about potential contamination which can occur as the blood dries in those test tubes when the envelope is left open?
And when you left for the evening, did you take the clipboard--I'm sorry--the clipboard with the field notes home with you?
Did you leave them on the table at the evidence processing unit so you would have them out the next day?
Now, the next day, you arrived at the evidence processing unit at about 6:52 in the morning, didn't you?
Well, Miss Mazzola, while they're looking for it, whatever time it was on the morning of June 14th, it was early; was it not?
Okay. And you left the laboratory around 10:30 to go to the print shed with Dennis Fung to examine the Bronco; is that correct?
And would it be fair to say that you were at the laboratory that morning before leaving to go to the print shed for three or three and a half hours?
Miss Mazzola, I simply show you, see if it refreshes your recollection as to what time you arrived, Defense exhibit no. 1100.
Okay. And when you arrived that morning on the 14th, didn't you and Dennis Fung participate in removing the swatches from the test tubes?
And didn't you and Dennis Fung make a visual inspection of the swatches to assure that they were dry?
And didn't you and Dennis Fung at that point separate the item numbers both on Bundy and Rockingham and then proceeded to make bindles?
The bindles for the most part Mr. Fung was working on. I was filling in the DR number and the item number that he was assigning.
Miss Mazzola, didn't you personally prepare, that is, create bindles on the morning of June 14th--
And you create these bindles by simply folding up a piece of white paper into different sections; is that right?
And then once you fold up this piece of paper, you then put the swatches inside and then you fold it closed, and that's how you hold the swatches; is that correct?
Isn't it a fact that on the morning of June 14th, that you personally created these bindles for some of the items of evidence, for some of the stains in this case and put swatches in them?
And when you--there was no particular way--I'm sorry. There was no particular assignment, was there, where you would only do certain select stains and he would do other stains, was there?
All right. And all you did that day is, you and Dennis Fung simply divided up the test tubes containing these swatches and performed these tests at different tables in the same room; isn't that right?
In fact, what happened on August--what happened on June 14th is that you and Dennis Fung simply divided up the test tubes containing the swatches and began to process them?
I started processing, as I said, a few and then after a few, Mr. Fung was much faster and I started helping him.
When you testified on August 23rd, did you ever limit your involvement in this case to simply a few?
Did you put down a sheet of paper on the table at which you were working when you began to process the swatches on June 14th?
And again, was that done to protect the table so no bloody swatches would get on it?
Were you ever trained to change the sheet of paper each time you moved onto a different item number?
Miss Mazzola, the individual bindles were right on top of the table, right on top of the piece of paper that was on the table; is that right?
And then you would have to call or use some instrument to get the swatches out of the tube into the paper bindle; isn't that correct?
Is there any danger that any of those swatches could either miss that--that piece of paper that's a bindle and hit the table or simply glance off the paper and hit the table? Isn't there a danger that can happen?
Okay. And so you were never trained to change the sheet of paper between item numbers; is that correct?
But you were not trained to change your gloves between the handling of each item when you were doing this procedure, were you?
Well, weren't you taught to wear gloves when you were performing this procedure, Miss Mazzola?
And the reason you have to wear those gloves when you're handling swatches even if you're using instruments is because there's always that danger that an accident could happen and a swatch could come in contact with your skin; isn't that correct?
Well, isn't that the reason for the rubber glove; to protect your skin from coming into contact with the bloody swatch?
Now, would you agree that just as there's nothing special about the coin envelope and the plastic bag, there is nothing unique or special about a folded piece of paper that becomes a bindle?
So you put the swatches that you removed from some of the test tubes into paper bindles that you had created; isn't that correct?
And there were no photos taken of the swatches as they're sitting in the paper bindle before it's folded; isn't that correct?
And then there's no notation by you in any document at that point in time of the number of swatches that you're putting into each of those bindles; isn't that correct?
And of course, you have never directed a forensic photographer to take a photograph of the swatches as they're sitting on that bindle before it gets folded up; isn't that correct?
Do you know as to your recollection that day, were the swatches all dry as they were put into the paper bindles?
Now, to your knowledge, have any of the swatches been mixed up and placed in the wrong paper bindle or the wrong coin envelope either accidentally or intentionally in this case?
Well, item 11 is a stain that you collected from a wire at Rockingham on June 13th; isn't that correct?
And you moistened that cotton--sorry. Are you aware as you sit here today, Miss Mazzola, that a technician employed by the California Department of Justice tested the swatch that you put in the evidence bindle and it tested negative for the presence of blood?
Would you agree, Miss Mazzola, that some swatches could get put into the bindle which has been incorrectly accidentally marked?
Would you agree, Miss Mazzola, that without writing a proper documentation on each bindle, there is really no way to identify these otherwise unidentifiable swatches?
With respect to every bindle, Miss Mazzola, that you personally folded and packaged on the morning of June 14th, didn't you write your own initials on those bindles?
Miss Mazzola, again referring you to the August 23rd, 1994 hearing when you testified under oath, were you asked the following question, did you give the following answer? "Question: And you also believe that the bindles that you packed that morning were also initialed by you? "Answer: That's correct." did you give that answer to that question just two months after or two and a half months after you were involved in packaging bindles on June 14th?
And that's because on August 23rd, when you testified in this case, it was your belief that you had in fact initialed the bindles that you had prepared the morning of the 14th; isn't that right?
And the reason that you would put your initials--I'm sorry. The reason that you would put your initials on these bindles is because you had learned that technique from watching other criminalists at the crime scenes that you had been present at; isn't that correct?
And that you learned from these other criminalists, Miss Mazzola, that whenever you personally create a bindle, you write your initials on the outside; isn't that correct?
And isn't it true, Miss Mazzola, that you were simply following the same procedure that you had seen these other criminalists use on the morning of the 14th?
Isn't it a fact, Miss Mazzola, that all the bindles that you initialed were put back in the original coin envelopes on the morning of the 14th?
You're saying that your testimony, your sworn testimony of August 23rd is wrong?
KEY QUOTEWere you taught, Miss Mazzola, that to demonstrate a reliable chain of custody, the original paper bindles created the morning of June 14th, 1994 are retained for trial? Have you been taught that?
Have you been taught that by keeping the original bindles, that the police can show that the swatches sent out to other labs come from the original bindle that the evidence was placed in?
Were you taught at any point, Miss Mazzola, that at trial, by placing one's initials on the original bindle, it can be identified by a criminalist as the same bindle that that criminalist folded and personally placed evidence in on a particular date?
Were you told that one reason to retain the original bindles is to refute an allegation that the original evidence had been tampered with?
Have you been told that the practice of saving original bindles is a standard practice of the Los Angeles Police Department?
Well, Miss Mazzola, what I would like you to do now, looking at the envelopes that are in front of you, the coin envelopes, I would like you to produce those paper bindles that in your sworn testimony of August 23rd you claimed had your initials written on them.
Miss Mazzola, when was the first time you learned that the paper bindles that the Prosecution intended to introduce in this case did not have your initials on them?
Miss Mazzola, would you please now look through those envelopes and show this jury which if any of those bindles have your initials on them?
And you know that, Miss Mazzola, because before this jury walked in here today, you opened each and every one of those coin envelopes, didn't you?
When was it that you first learned that your initials were not on the coin--on the bindles, Miss Mazzola?
Was it during one of the prep sessions with the Prosecutors that you learned that, Miss Mazzola?
Was it one of your superiors at the--at SID who first brought that to your attention?
Who was it that first brought it to your attention that the bindles that the Prosecution was saying were the original bindles did not have your initials on them?
I had seen a few of the bindles in serology, and they did not have my initials on them.
KEY QUOTEWhen you say you saw a few of the bindles, approximately how many bindles did you see?
All right. But as you know, Miss Mazzola, there were at least 30 or 40 bindles generated in this case, correct, by you on the 13th and 14th?
Well, would you agree, Miss Mazzola, that there were more than 25 bindles generated by bloodstain evidence in this case?
Would you please take a quick look at your notes? Maybe that will refresh your recollection as to how many blood stain bindles were generated in this case.
By the way, you're not assigned to serology. You're assigned to toxicology; isn't that right?
Were you brought over to serology to look at some of the bindles that had been collected in this particular case?
Well, why were you looking at some of the bindles in this case in the serology laboratory?
Well, how did you know that these bindles were out on the counter in the serology laboratory?
Well, would you agree that it's certainly longer than the width of this courtroom, the entire serology laboratory?
And, Miss Mazzola, the bindles that you're talking about are about this size that I'm showing you right now (Indicating)?
And is it your testimony that you just happened to be walking through this room and you noticed that a couple of the bindles that were on the counter somewhere happened to be from your case? Is that what you're saying?
Well, did you go in to see because you knew that people were working on the bindles in this case? Is that the reason you went into serology?
You mean you had no idea that what they were working on was this particular case?
All right. But you walked in thinking that perhaps they were working on the serology of this particular case. Isn't that fair to say?
But you said earlier that you had no particular interest in this case, didn't you, Miss Mazzola?
I had seen my colleagues working on it. I thought it was this case. So I just went in to see what they were working on. That's it.
And the reason you went in to see what they were working on is because you wanted to see work going on in the case that you participated in; isn't that right?
Miss Mazzola, but needless to say, they were not working--I'm sorry. How many different bindles did you say were created in this case. Was it 35 or thereabouts?
You testified a moment ago to a certain number and I don't recall the number. Could you remember it?
Okay. And would it be fair to say that simply from--since Mr. Fung collected many of these bindles or performed many of these bindles and you made many--some of the bindles, that just seeing some bindles not having your initials on them would not necessarily be surprising, would it?
I mean accepting your testimony on August 23rd, one would expect to see your initials on some of the bindles and Dennis Fung's initials on other bindles, correct?
So simply seeing Dennis Fung's initials on some bindles that they were working on in the serology laboratory on a date after August 23rd did not cause you any alarm, did it?
Miss Mazzola, did you realize at some point that based on your August 23rd testimony, that if the Prosecutors could not produce the original bindles that you claimed you had initials, that that could be devastating?
KEY QUOTESustained. The jury is to disregard the implication of that question. All right. Counsel, we're going to take a 10-minute--
All right. We're still going to take a 10-minute recess, and we'll conclude with Mr. Goldberg. I would like to finish this witness today. All right. Ladies and gentlemen, we'll take a brief 10-minute recess. Remember all my admonitions to you. Miss Mazzola, you may step down. We will reconvene in 10 minutes. And let's restaple 116.
You're saying that your testimony, your sworn testimony of August 23rd is wrong?
Correct.
I had seen a few of the bindles in serology, and they did not have my initials on them.
A person does not need to be taught that.
Miss Mazzola, did you realize at some point that based on your August 23rd testimony, that if the Prosecutors could not produce the original bindles that you claimed you had initials, that that could be devastating?