📄 Cross-examination of Andrea Mazzola (part 2) — Thursday, April 27, 1995
Address:
C:\DEPT103\CRIMINAL\1995\APR\27\CROSS-EXAMINATION-OF-ANDREA-MA.DOC
TRIAL
▲ Day 63 of 167

Cross-examination of Andrea Mazzola (part 2)

Witness: Andrea Mazzola
Examiner: Peter Neufeld
Called by: Prosecution • Date: Thursday, April 27, 1995 • Utterances: 396
Peter Neufeld cross-examines Andrea Mazzola about evidence handling procedures at the LAPD crime lab, focusing on contamination risks during the drying and packaging of blood swatches collected from both Bundy and Rockingham. The examination culminates in a significant contradiction: Mazzola previously testified under oath on August 23, 1994 that she initialed the bindles she created, but now admits that sworn testimony was wrong and that no bindles bear her initials.
1 (The following proceedings were held in open Court:)
2 THE COURT:

Thank you.

3 MR. NEUFELD:

Now, after you left Rockingham for the second time, you said you returned to your offices at piper tech; is that right?

4 MS. MAZZOLA:

Back to the laboratory, yes.

5 MR. NEUFELD:

And that you would be arriving about 6:30?

6 MS. MAZZOLA:

Somewhere around there.

7 MR. NEUFELD:

And you brought all the evidence that had been collected that day into the evidence processing unit?

8 MS. MAZZOLA:

Correct.

9 MR. NEUFELD:

And there are two entrances to that unit; are there not?

10 MS. MAZZOLA:

Yes.

11 MR. NEUFELD:

One is a door for which you need an id card to get in and out of?

12 MS. MAZZOLA:

Correct.

13 MR. NEUFELD:

And the second entrance is a garage door; is that right?

14 MS. MAZZOLA:

It is a roll-up door, yes.

15 MR. NEUFELD:

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?

16 MS. MAZZOLA:

No, you would not.

17 MR. NEUFELD:

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?

18 MS. MAZZOLA:

Correct.

19 MR. GOLDBERG:

Compound.

20 THE COURT:

Overruled.

21 MR. NEUFELD:

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?

22 MS. MAZZOLA:

Correct.

23 MR. NEUFELD:

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?

24 MS. MAZZOLA:

Yes.

25 MR. NEUFELD:

Did you preserve the plastic bags?

26 MS. MAZZOLA:

No.

27 MR. NEUFELD:

Were you trained to throw them out?

28 MS. MAZZOLA:

Yes.

29 MR. NEUFELD:

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?

30 MS. MAZZOLA:

No, I do not believe so.

31 MR. NEUFELD:

And you said that you and Mr. Fung began to put the wet swatches into the test tubes; is that right?

32 MS. MAZZOLA:

Correct.

33 MR. NEUFELD:

And are the test tubes marked at that point?

34 MS. MAZZOLA:

They were--we marked them, yes.

35 MR. NEUFELD:

And the test tube was then put back in the same little brown coin envelope; is that right?

36 MS. MAZZOLA:

Correct, corresponding to its item number.

37 MR. NEUFELD:

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?

38 MS. MAZZOLA:

They correspond to the item numbers that are also written on the test tubes.

39 MR. NEUFELD:

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?

40 MS. MAZZOLA:

On a few of them, yes.

41 MR. NEUFELD:

And you processed that evening both the Rockingham and Bundy items at the same evidence processing unit?

42 MS. MAZZOLA:

Correct.

43 MR. NEUFELD:

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?

44 MS. MAZZOLA:

I don't remember if we did or not. We might have.

45 MR. NEUFELD:

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?

46 MS. MAZZOLA:

For Mr. Fung's procedure, the swatches and envelopes were not in contact with the table.

47 MR. NEUFELD:

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?

48 MS. MAZZOLA:

I used a pipe--glass--glass pipette to move the swatches into the mouth of the test tube.

49 MR. NEUFELD:

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?

50 MS. MAZZOLA:

The swatches were never where they could fall on the table.

51 MR. NEUFELD:

Was this exercise done over a table?

52 MS. MAZZOLA:

Yes.

53 MR. NEUFELD:

And did you wear a pair of gloves for the removal of the swatches from the plastic bags?

54 MS. MAZZOLA:

I did, yes.

55 MR. NEUFELD:

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?

56 MS. MAZZOLA:

It's just a force of habit to wear the gloves.

57 MR. NEUFELD:

And so do you have any independent recollection as to changing your gloves between the handling of each item that evening?

58 MS. MAZZOLA:

Independent recollection, no, I don't recall.

59 MR. NEUFELD:

And the samples from both locations, that is Rockingham and Bundy, were processed in the same room at the same time; is that correct?

60 MS. MAZZOLA:

I was working at a different table than Mr. Fung, and after a few, I just started labeling the test tubes for him.

61 MR. NEUFELD:

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?

62 MS. MAZZOLA:

We worked on samples from the same location.

63 MR. NEUFELD:

And then the samples from both locations are then laid out on a carton; is that right?

64 MS. MAZZOLA:

Correct.

65 MR. NEUFELD:

And you lay them out on the bottom of this carton until the bottom is covered with envelopes; is that right?

66 MS. MAZZOLA:

Not completely covered, no.

67 MR. NEUFELD:

Well, you mean you left some space?

68 MS. MAZZOLA:

There had to be some space left, yes.

69 MR. NEUFELD:

And you said all the Bundy bloodstains were put into a brown shopping bag back at Bundy; is that right?

70 MS. MAZZOLA:

A brown paper bag, yes.

71 MR. NEUFELD:

And a brown paper bag was used for the Rockingham samples as well; is that right?

72 MS. MAZZOLA:

Correct.

73 MR. NEUFELD:

When--

74 MR. NEUFELD:

One moment.

75 (Brief pause.)
76 MR. NEUFELD:

Did you watch Dennis Fung do his procedure after you stopped doing yours?

77 MS. MAZZOLA:

I wasn't watch him constantly.

78 MR. NEUFELD:

Well, were you watching him some of the time?

79 MS. MAZZOLA:

Some of the time, yes.

80 MR. NEUFELD:

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?

81 MS. MAZZOLA:

He maneuvered the swatches from the outside of the bag rather than place anything in the bag itself.

82 MR. NEUFELD:

Well, the swatches were still wet, weren't they?

83 MS. MAZZOLA:

Not necessarily wet wet. Slightly damp, yes.

84 MR. NEUFELD:

Well, some were sticking to the sides of the plastic bag?

85 MS. MAZZOLA:

A few, yes.

86 MR. NEUFELD:

And to get those--those swatches that are sticking to the plastic bag, did he use the tube to sort of scoop them out?

87 MS. MAZZOLA:

No. He would manipulate the plastic bag itself to move the swatches down.

88 MR. NEUFELD:

Is it possible that when he did this, that blood would sometimes collect on the outside lip of the test tube?

89 MR. GOLDBERG:

Calls for speculation.

90 THE COURT:

Sustained.

91 MR. NEUFELD:

When the test tube is then placed into the coin envelope, is the lip of the test tube sticking out?

92 MS. MAZZOLA:

Yes.

93 MR. NEUFELD:

And the envelope itself is left open in the carton; is it not?

94 MS. MAZZOLA:

Yes.

95 MR. NEUFELD:

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?

96 MR. GOLDBERG:

Assumes facts not in evidence.

97 THE COURT:

Sustained.

98 MR. NEUFELD:

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?

99 MR. GOLDBERG:

Still assumes facts not in evidence.

100 THE COURT:

Overruled. Have you receive such training?

101 MS. MAZZOLA:

No.

102 MR. NEUFELD:

And you left these envelopes in the carton in a cabinet in the room, correct?

103 MS. MAZZOLA:

Correct.

104 MR. NEUFELD:

The cabinet's not locked, is it?

105 MS. MAZZOLA:

No.

106 MR. NEUFELD:

And when you left for the evening, did you take the clipboard--I'm sorry--the clipboard with the field notes home with you?

107 MS. MAZZOLA:

No.

108 MR. NEUFELD:

Did you leave them on the table at the evidence processing unit so you would have them out the next day?

109 MS. MAZZOLA:

They were left in the evidence processing room.

110 MR. NEUFELD:

Now, the next day, you arrived at the evidence processing unit at about 6:52 in the morning, didn't you?

111 MS. MAZZOLA:

I don't recall the exact time I showed up.

112 (Discussion held off the record between Defense counsel.)
113 MR. NEUFELD:

One moment, your Honor.

114 THE COURT:

Certainly.

115 (Discussion held off the record between the Deputy District Attorney and Defense counsel.) (Brief pause.)
116 THE COURT:

Madam reporter, till 4:00 for a break?

117 MR. GOLDBERG:

Let me check my notes, see what was introduced into evidence.

118 MR. NEUFELD:

Just one moment, your Honor.

119 (Discussion held off the record between the Deputy District Attorney and Defense counsel.)
120 THE COURT:

Can we proceed with something else, Mr. Neufeld?

121 MR. GOLDBERG:

It's conceivable it could be 194-a. It's a printout, your Honor.

122 THE COURT:

Mrs. Robertson, 194-a? I'm sorry.

123 MR. NEUFELD:

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?

124 MS. MAZZOLA:

I believe so, yes.

125 MR. NEUFELD:

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?

126 MS. MAZZOLA:

Yes.

127 MR. NEUFELD:

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?

128 MS. MAZZOLA:

About, yes.

129 MR. NEUFELD:

And when you testified--I'm sorry.

130 MR. NEUFELD:

One moment.

131 (Brief pause.)
132 MR. NEUFELD:

Miss Mazzola, I simply show you, see if it refreshes your recollection as to what time you arrived, Defense exhibit no. 1100.

133 THE COURT:

What is 1100? What is 1100, Mr. Neufeld?

134 MR. NEUFELD:

What is it?

135 THE COURT:

What is it?

136 MR. NEUFELD:

It is a computer printout.

137 THE COURT:

Next question.

138 MR. NEUFELD:

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?

139 MS. MAZZOLA:

Correct.

140 MR. NEUFELD:

And didn't you and Dennis Fung make a visual inspection of the swatches to assure that they were dry?

141 MS. MAZZOLA:

Yes.

142 MR. NEUFELD:

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?

143 MS. MAZZOLA:

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.

144 MR. NEUFELD:

Miss Mazzola, didn't you personally prepare, that is, create bindles on the morning of June 14th--

145 THE COURT:

We'll have to get a bucket of water for those things. Proceed.

146 MR. NEUFELD:

Miss Mazzola, this is a paper bindle; is it not?

147 MS. MAZZOLA:

Yes, it is.

148 MR. NEUFELD:

And you create these bindles by simply folding up a piece of white paper into different sections; is that right?

149 MS. MAZZOLA:

Yes.

150 MR. NEUFELD:

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?

151 MS. MAZZOLA:

Correct.

152 MR. NEUFELD:

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?

153 MS. MAZZOLA:

For a few of them, yes.

154 MR. NEUFELD:

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?

155 MS. MAZZOLA:

No.

156 MR. NEUFELD:

I mean, it was broken up pretty randomly?

157 MS. MAZZOLA:

We were not assigned which stains to do.

158 MR. NEUFELD:

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?

159 MR. GOLDBERG:

Objection to tests.

160 THE COURT:

Overruled.

161 MR. GOLDBERG:

What?

162 THE COURT:

Overruled. Actually no. Sustained. It's not tests.

163 MR. NEUFELD:

Test tubes I said, didn't I?

164 THE COURT:

No. You said tests.

165 MR. NEUFELD:

I apologize.

166 MR. NEUFELD:

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?

167 MS. MAZZOLA:

I started processing, as I said, a few and then after a few, Mr. Fung was much faster and I started helping him.

168 MR. NEUFELD:

When you testified on August 23rd, did you ever limit your involvement in this case to simply a few?

169 MR. GOLDBERG:

Your Honor, that's improper impeachment, hearsay.

170 THE COURT:

Sustained.

171 MR. NEUFELD:

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?

172 MS. MAZZOLA:

Yes.

173 MR. NEUFELD:

And again, was that done to protect the table so no bloody swatches would get on it?

174 MS. MAZZOLA:

And to protect the swatches themselves. Just everything in general.

175 MR. NEUFELD:

Were you ever trained to change the sheet of paper each time you moved onto a different item number?

176 MS. MAZZOLA:

The swatches never came in contact with the paper.

177 MR. NEUFELD:

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?

178 MS. MAZZOLA:

Correct.

179 MR. NEUFELD:

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?

180 MS. MAZZOLA:

Correct.

181 MR. NEUFELD:

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?

182 MS. MAZZOLA:

No.

183 MR. NEUFELD:

Okay. And so you were never trained to change the sheet of paper between item numbers; is that correct?

184 MS. MAZZOLA:

That is correct.

185 MR. GOLDBERG:

Unintelligible.

186 THE COURT:

Overruled.

187 MR. GOLDBERG:

Did the Court read that?

188 MR. NEUFELD:

And do you also wear a pair of gloves for this operation as well?

189 MS. MAZZOLA:

Yes.

190 MR. NEUFELD:

But you were not trained to change your gloves between the handling of each item when you were doing this procedure, were you?

191 MS. MAZZOLA:

No, because the hands never came in contact with the swatches.

192 MR. NEUFELD:

Why are you wearing gloves, ma'am, in the first place?

193 MS. MAZZOLA:

It's just something that is routine that I do.

194 MR. NEUFELD:

Well, weren't you taught to wear gloves when you were performing this procedure, Miss Mazzola?

195 MS. MAZZOLA:

I would do it whether or not I was taught or not.

196 MR. NEUFELD:

Miss Mazzola, were you taught to wear gloves for this procedure?

197 MS. MAZZOLA:

I do not believe we were taught to specifically wear gloves for that procedure.

198 MR. NEUFELD:

Were you taught to wear gloves any time you're handling bloody swatches?

199 MS. MAZZOLA:

A person does not need to be taught that.

KEY QUOTE
200 MR. NEUFELD:

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?

201 MS. MAZZOLA:

It's possible.

202 MR. NEUFELD:

Well, isn't that the reason for the rubber glove; to protect your skin from coming into contact with the bloody swatch?

203 MR. GOLDBERG:

This is argumentative, your Honor.

204 THE COURT:

Sustained.

205 MR. NEUFELD:

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?

206 MS. MAZZOLA:

That is correct.

207 MR. NEUFELD:

That without some kind of identifying markings on it, they all look alike?

208 MS. MAZZOLA:

Correct.

209 MR. NEUFELD:

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?

210 MS. MAZZOLA:

Correct.

211 MR. NEUFELD:

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?

212 MS. MAZZOLA:

Correct.

213 MR. NEUFELD:

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?

214 MS. MAZZOLA:

Correct.

215 MR. NEUFELD:

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?

216 MS. MAZZOLA:

Correct.

217 MR. NEUFELD:

Do you know as to your recollection that day, were the swatches all dry as they were put into the paper bindles?

218 MS. MAZZOLA:

The swatches were all dry before they were put into the paper bindles.

219 MR. NEUFELD:

Do you have an independent recollection of that?

220 MS. MAZZOLA:

If they were not dry, they would not be put into the paper.

221 MR. NEUFELD:

That's just standard procedure?

222 MS. MAZZOLA:

Yes.

223 MR. NEUFELD:

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?

224 MS. MAZZOLA:

No.

225 MR. NEUFELD:

Well, item 11 is a stain that you collected from a wire at Rockingham on June 13th; isn't that correct?

226 MS. MAZZOLA:

Correct.

227 MR. NEUFELD:

And you collected that stain with a swatch; isn't that right?

228 MS. MAZZOLA:

Correct.

229 MR. NEUFELD:

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?

230 MR. GOLDBERG:

Wait.

231 THE COURT:

Sustained. The jury is to disregard the implication of that last question.

232 MR. NEUFELD:

Would you agree, Miss Mazzola, that some swatches could get put into the bindle which has been incorrectly accidentally marked?

233 MS. MAZZOLA:

No.

234 MR. NEUFELD:

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?

235 MR. GOLDBERG:

Asked and answered.

236 THE COURT:

Overruled.

237 MS. MAZZOLA:

The bindles were marked.

238 MR. NEUFELD:

Now, Miss Mazzola, when you--sorry?

239 MR. NEUFELD:

One moment.

240 (Brief pause.)
241 MR. NEUFELD:

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?

242 MS. MAZZOLA:

On the opinions themselves?

243 MR. NEUFELD:

Yes.

244 MS. MAZZOLA:

No. The item number.

245 MR. NEUFELD:

Page 768, your Honor, line 19 to line 22.

246 THE COURT:

Do you have that, Mr. Goldberg?

247 MR. GOLDBERG:

Yes.

248 THE COURT:

Proceed.

249 MR. NEUFELD:

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?

250 MS. MAZZOLA:

Correct.

251 MR. NEUFELD:

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?

252 MS. MAZZOLA:

Yes.

253 MR. NEUFELD:

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?

254 MS. MAZZOLA:

Correct.

255 MR. NEUFELD:

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?

256 MS. MAZZOLA:

Correct.

257 MR. NEUFELD:

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?

258 MS. MAZZOLA:

No.

259 MR. NEUFELD:

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?

260 MS. MAZZOLA:

I did not initial any bindles.

261 MR. NEUFELD:

You're saying that your testimony, your sworn testimony of August 23rd is wrong?

KEY QUOTE
262 MS. MAZZOLA:

Correct.

263 MR. NEUFELD:

Is that what you're saying?

264 MS. MAZZOLA:

Correct.

265 MR. NEUFELD:

Were 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?

266 MS. MAZZOLA:

Not really, no.

267 MR. NEUFELD:

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?

268 MR. GOLDBERG:

Assumes facts not in evidence.

269 THE COURT:

Overruled.

270 MS. MAZZOLA:

I do not know that.

271 MR. NEUFELD:

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?

272 MS. MAZZOLA:

I was not told that, no.

273 MR. NEUFELD:

Were you told that one reason to retain the original bindles is to refute an allegation that the original evidence had been tampered with?

274 MS. MAZZOLA:

No.

275 MR. NEUFELD:

Have you been told that the practice of saving original bindles is a standard practice of the Los Angeles Police Department?

276 MS. MAZZOLA:

I had not been told that, no.

277 MR. NEUFELD:

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.

278 MR. GOLDBERG:

Unintelligible.

279 THE COURT:

Sustained.

280 MR. NEUFELD:

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?

281 MR. GOLDBERG:

Assumes facts not in evidence.

282 THE COURT:

Sustained.

283 MR. NEUFELD:

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?

284 MS. MAZZOLA:

As I said before, they do not have my initials on them.

285 MR. NEUFELD:

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?

286 MS. MAZZOLA:

I had known that my initials were not on the bindles before today.

287 MR. NEUFELD:

When was it that you first learned that your initials were not on the coin--on the bindles, Miss Mazzola?

288 MS. MAZZOLA:

It was sometime ago.

289 MR. NEUFELD:

Well, was it after August 23rd, Miss Mazzola?

290 MS. MAZZOLA:

It was after, yes.

291 MR. NEUFELD:

Was it during one of the prep sessions with the Prosecutors that you learned that, Miss Mazzola?

292 MS. MAZZOLA:

No, I do not believe so.

293 MR. NEUFELD:

Was it one of your superiors at the--at SID who first brought that to your attention?

294 MS. MAZZOLA:

No.

295 MR. NEUFELD:

Was it another employee at SID who brought that to your attention?

296 MS. MAZZOLA:

I do not believe it was other employee who brought it to my attention.

297 MR. NEUFELD:

Were you shown photographs of those bindles?

298 MS. MAZZOLA:

No.

299 MR. NEUFELD:

One moment.

300 (Brief pause.)
301 MR. NEUFELD:

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?

302 MR. GOLDBERG:

Argumentative, your Honor.

303 THE COURT:

Overruled.

304 MS. MAZZOLA:

I had seen a few of the bindles in serology, and they did not have my initials on them.

KEY QUOTE
305 MR. NEUFELD:

And when was that approximately?

306 MS. MAZZOLA:

I can't tell you approximately. I don't remember the date.

307 MR. NEUFELD:

When you say you saw a few of the bindles, approximately how many bindles did you see?

308 MS. MAZZOLA:

I can't remember the exact number or even approximate number.

309 MR. NEUFELD:

Well, you said--

310 MS. MAZZOLA:

It was some bindles.

311 MR. NEUFELD:

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?

312 MR. GOLDBERG:

Assumes facts not in evidence.

313 THE COURT:

Sustained.

314 MR. NEUFELD:

Well, would you agree, Miss Mazzola, that there were more than 25 bindles generated by bloodstain evidence in this case?

315 MS. MAZZOLA:

I did not count them.

316 MR. NEUFELD:

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.

317 (The witness complies.)
318 MS. MAZZOLA:

It's approximately 35.

319 MR. NEUFELD:

And you said you saw a few in serology one day; is that right?

320 MS. MAZZOLA:

Correct.

321 MR. NEUFELD:

By the way, you're not assigned to serology. You're assigned to toxicology; isn't that right?

322 MS. MAZZOLA:

Correct.

323 MR. NEUFELD:

Were you brought over to serology to look at some of the bindles that had been collected in this particular case?

324 MS. MAZZOLA:

I was not brought over, no.

325 MR. NEUFELD:

Well, why were you looking at some of the bindles in this case in the serology laboratory?

326 MS. MAZZOLA:

Because I had gone over there to look at them.

327 MR. NEUFELD:

And had someone asked you to come over to look at them?

328 MS. MAZZOLA:

No.

329 MR. NEUFELD:

Well, how did you know that these bindles were out on the counter in the serology laboratory?

330 MS. MAZZOLA:

I saw them as I was passing by.

331 MR. NEUFELD:

You mean--how big is the lab--the serology laboratory, Miss Mazzola?

332 MS. MAZZOLA:

I don't know.

333 MR. NEUFELD:

Well, would you agree that it's certainly longer than the width of this courtroom, the entire serology laboratory?

334 MS. MAZZOLA:

I don't go into serology a lot. I couldn't tell you honestly.

335 MR. NEUFELD:

Well, just approximate. Would you say it's almost as long as this room?

336 MS. MAZZOLA:

I don't know.

337 MR. NEUFELD:

Is it at least half the size of this room, Miss Mazzola?

338 MS. MAZZOLA:

At least half the length, yes.

339 MR. NEUFELD:

And there are many different work spaces in there?

340 MS. MAZZOLA:

There are the main table down the middle, yes.

341 MR. NEUFELD:

And that table runs the entire length of the room, doesn't it?

342 MS. MAZZOLA:

Not the entire length, no.

343 MR. NEUFELD:

And there are work stations around the perimeter of the room as well?

344 MS. MAZZOLA:

I don't know if those are work stations or not.

345 MR. NEUFELD:

Just one moment.

346 (Brief pause.)
347 MR. NEUFELD:

And, Miss Mazzola, the bindles that you're talking about are about this size that I'm showing you right now (Indicating)?

348 MS. MAZZOLA:

Correct.

349 MR. NEUFELD:

I'm referring to bindles in People's exhibit 1630-d.

350 THE COURT:

Approximately inch by inch and a half, two inches.

351 MR. NEUFELD:

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?

352 MS. MAZZOLA:

I had seen them out, people working, and I went in to see.

353 MR. NEUFELD:

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?

354 MS. MAZZOLA:

I saw they were working on something. I went in to check out what it was.

355 MR. NEUFELD:

You mean you had no idea that what they were working on was this particular case?

356 MS. MAZZOLA:

They work on several cases.

357 MR. NEUFELD:

They work on hundreds of cases, don't they?

358 MS. MAZZOLA:

Probably hundreds, yes.

359 MR. NEUFELD:

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?

360 MS. MAZZOLA:

Yes.

361 MR. NEUFELD:

That's what peeked your interest, isn't it?

362 MS. MAZZOLA:

Yes.

363 MR. NEUFELD:

But you said earlier that you had no particular interest in this case, didn't you, Miss Mazzola?

364 MS. 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.

365 MR. NEUFELD:

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?

366 MS. MAZZOLA:

Not the actual work. I just was interested in what they were doing.

367 MR. NEUFELD:

Who were the colleagues you saw working on it that day?

368 MS. MAZZOLA:

Oh, I can't remember. This was a while ago.

369 MR. NEUFELD:

Well, was this the--this is after August 23rd though, correct?

370 MS. MAZZOLA:

Correct.

371 MR. NEUFELD:

And you don't remember which serologists were working on it that day?

372 MR. GOLDBERG:

This is asked and answered. Badgering.

373 THE COURT:

The probative value of this line of questioning I think has been exhausted.

374 MR. NEUFELD:

All right.

375 MR. NEUFELD:

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?

376 MS. MAZZOLA:

Those--

377 MR. GOLDBERG:

Vague as to this case.

378 THE COURT:

Overruled.

379 MR. GOLDBERG:

What does he mean? Just those items on 13?

380 THE COURT:

Overruled.

381 MR. NEUFELD:

You testified a moment ago to a certain number and I don't recall the number. Could you remember it?

382 MS. MAZZOLA:

Those were the number of--the item numbers with red stains that were picked up.

383 MR. NEUFELD:

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?

384 MS. MAZZOLA:

Yes.

385 MR. NEUFELD:

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?

386 MS. MAZZOLA:

Correct.

387 MR. NEUFELD:

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?

388 MR. GOLDBERG:

Irrelevant.

389 THE COURT:

Sustained. Counsel, we've cover this area.

390 MR. NEUFELD:

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 QUOTE
391 MR. GOLDBERG:

Your Honor, this is argumentative.

392 THE COURT:

Sustained. The jury is to disregard the implication of that question. All right. Counsel, we're going to take a 10-minute--

393 MR. NEUFELD:

I'm through.

394 THE COURT:

You're through?

395 MR. NEUFELD:

Yes.

396 THE COURT:

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.

Temperature

devastating

Key Quotes (5)

Peter Neufeld
You're saying that your testimony, your sworn testimony of August 23rd is wrong?
Forces Mazzola to directly admit her prior sworn testimony was incorrect regarding initialing the bindles — a classic impeachment with a prior inconsistent statement.
Andrea Mazzola
Correct.
Mazzola's one-word confirmation that her earlier sworn testimony was false, delivered twice in a row, is the most damaging moment of the examination.
Andrea Mazzola
I had seen a few of the bindles in serology, and they did not have my initials on them.
Reveals that Mazzola discovered the discrepancy informally by wandering into serology — raising questions about who knew what and when.
Andrea Mazzola
A person does not need to be taught that.
Defensive deflection when Neufeld presses her on whether she was trained to wear gloves — undermines the notion of formal protocol and training at SID.
Peter Neufeld
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?
Neufeld's closing rhetorical thrust — sustained and jury instructed to disregard, but the implication landed.

Evidence (6)

Defense 1100
Computer printout used to refresh Mazzola's recollection of her arrival time at the lab on June 14th
shown to witness, not formally admitted
People's 1630-d
Paper bindles from the case, approximately 1 to 1.5 inches in size
shown to jury and witness during examination of bindle identification practices
Informal
Coin envelopes containing bindles, approximately 35 items with bloodstain evidence
discussed; Mazzola confirms no initials appear on the bindles
Informal
Plastic bags used to transport wet swatches — both Rockingham and Bundy
discussed; confirmed not preserved, discarded per training
Informal
Black plastic trash bag seen in video of Mazzola carrying items out of Rockingham
discussed; confirmed not saved
Informal
Item 11 — bloodstain swatch collected from a wire at Rockingham on June 13th
referenced in question about DOJ testing negative for blood; objection sustained, jury instructed to disregard

Notable Exchanges (4)

Peter NeufeldAndrea Mazzola
Neufeld reads back Mazzola's August 23rd sworn testimony that she initialed her bindles, then asks her to produce initialed bindles from the coin envelopes. Mazzola admits the prior testimony was wrong and that she never initialed the bindles.
devastating
Peter NeufeldAndrea Mazzola
Neufeld methodically establishes that no protective paper was changed between items, no photos were taken of swatches before bindles were folded, no count of swatches was recorded, and gloves were not changed between items — documenting a systematic absence of contamination controls.
methodical
Peter NeufeldAndrea Mazzola
Neufeld questions how Mazzola discovered bindles without her initials — she claims she wandered into serology, noticed colleagues working, and happened to look at some bindles. Neufeld presses the implausibility of casually noticing inch-and-a-half paper squares across a large lab.
skeptical
Peter NeufeldAndrea Mazzola
Exchange on the security of the evidence processing unit: the card-access door allows tailgating, and a large roll-up garage door provides unsecured access. The unlocked cabinet holding evidence is also established.
strategic

Light Moments (1)

Lance A. Ito
Judge Ito quips 'We'll have to get a bucket of water for those things' — apparently referring to the paper bindles or some dry exhibit that Neufeld was handling awkwardly.

Credibility Attacks (3)

⚔ Andrea Mazzola
prior inconsistent statement
Neufeld reads from Mazzola's August 23, 1994 preliminary hearing testimony in which she stated under oath that she initialed the bindles she packed. Mazzola now admits that testimony was incorrect, directly conceding her prior sworn statement was wrong.
⚔ Andrea Mazzola
lack of training / protocol gaps
Neufeld establishes that Mazzola received no training on: changing paper between items, changing gloves between items, photographing swatches before packaging, documenting swatch counts, retaining original bindles for chain of custody, or contamination risks from drying blood aerosol — suggesting systemic SID protocol deficiencies.
⚔ Andrea Mazzola
implausible narrative
Neufeld challenges Mazzola's claim that she casually discovered the missing initials by 'passing by' and noticing bindles in the large serology lab — characterizing it as implausible that she would spontaneously identify relevant evidence from another division without being directed there.

Witness Demeanor

(The witness complies.) — Mazzola looks through her notes to count the number of bloodstain bindles, arriving at approximately 35.

Objections

19 objections (11 sustained, 8 overruled)
Proceeding 5832 • 396 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 APR 27, 1995 📄 Cross-examination of Andrea Ma
APR 27, 1995 KRT DvH TD