Cross-examination of Andrea Mazzola (part 3)

📄 Cross-examination of Andrea Mazzola (part 3) — Thursday, April 27, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\27\CROSS-EXAMINATION-OF-ANDREA-MA.DOC

TRIAL

▲ Day 63 of 167

◀ Recross-examination of Andrea Mazzola (part 2) Sidebar (1) ▶

Witness: Andrea Mazzola
Examiner: Peter Neufeld
Called by: Prosecution • Date: Thursday, April 27, 1995 • Utterances: 104

Peter Neufeld cross-examines LAPD criminalist Andrea Mazzola about the documentation of evidence items collected on June 13-14, 1994, particularly the field notes for items 15 and 16 collected at Rockingham and a handwritten list covering the blood vial (item 18), sneakers (item 17), and hair (item 19). Neufeld challenges whether Mazzola's field notes were written contemporaneously or reconstructed the following day, and presses on the conspicuous absence of a time or date notation next to the blood vial on her handwritten sheet, implying the vial was never actually observed coming out of the trash bag on the morning of June 14th.

# 1 (At 1:44 P.M., the playing of the videotape was concluded.)

# 2 MR. NEUFELD:

Now, Miss Mazzola, I think you testified on direct examination that by this point in the day, you were very tired; is that right?

# 3 MS. MAZZOLA:

I was--

# 4 MR. NEUFELD:

It had been a long day.

# 5 MS. MAZZOLA:

I was tired, yes.

# 6 MR. NEUFELD:

And during the course of your examination, would it be fair to say that when I asked you about certain item numbers, it was frequently necessary for you to refer to your notes to see what item number a particular object was?

# 7 MR. GOLDBERG:

Irrelevant.

# 8 THE COURT:

Overruled.

# 9 MS. MAZZOLA:

Yes.

# 10 MR. NEUFELD:

And during the course of June 13th, you collected many different items; is that right?

# 11 MS. MAZZOLA:

Yes.

# 12 MR. NEUFELD:

And in fact, you had a different set of numbers for the items you were collecting at Bundy from the items you were collecting at Rockingham?

# 13 MS. MAZZOLA:

Yes.

# 14 MR. NEUFELD:

Well, how did you know that you were up to item 16 and item 15 when you collected the last two items at the Rockingham house?

# 15 MR. GOLDBERG:

Assumes facts not in evidence.

# 16 THE COURT:

Overruled.

# 17 MS. MAZZOLA:

Because we had started with no. 1 at Rockingham and we started with 100 at Bundy.

# 18 MR. NEUFELD:

But, Miss Mazzola, is it your testimony that even after you put the field notes back into the van, that you had an independent recollection that the next item you were up to was 15?

# 19 MS. MAZZOLA:

That was the next item that was up.

# 20 MR. NEUFELD:

Miss Mazzola, what I'm asking you though is whether or not at this point in the day when you said you were so exhausted and you collected so many different items, that you were able to remember that the next item number available for an item was 15 without referring to your field notes.

# 21 MS. MAZZOLA:

Yes.

# 22 MR. NEUFELD:

Isn't it a fact, Miss Mazzola, that the notations for items 15 and 16 and the times that they were recorded were written contemporaneous to their collection on the afternoon of June 13th?

# 23 MS. MAZZOLA:

Items 15 and 16 were the next items up. The times are written the next day.

KEY QUOTE

# 24 MR. NEUFELD:

Isn't it a fact that you recorded on this field document the numbers 15 and 16, the checkmarks for id photo, their locations of the items, what they were and their times on the afternoon of June 13th at about the time that you were actually collecting them?

# 25 MR. GOLDBERG:

Asked and answered.

# 26 THE COURT:

Sustained. Referring to 1107.

# 27 MR. NEUFELD:

Your Honor, with the Court's permission, I would like to simply pass this document to the jurors.

# 28 THE COURT:

Certainly.

# 29 MR. NEUFELD:

How is that done here? Do I have to give it to someone first?

# 30 THE COURT:

Hand it to juror no. 1.

# 31 MR. NEUFELD:

Okay. Thank you.

# 32 (Brief pause.)

# 33 MR. NEUFELD:

Oh, just one question first if I may. May I? Just--okay.

# 34 MR. NEUFELD:

Miss Mazzola--and you can look at your own notes if you want--didn't you in fact give a detailed description or description of the actual location of each of these items on your field notes?

# 35 MR. GOLDBERG:

Objection as to the word "Detailed."

# 36 THE COURT:

Overruled.

# 37 MS. MAZZOLA:

There's location noted, yes.

# 38 MR. NEUFELD:

And doesn't the location for item 15 not simply say that it's in a garbage can in the bathroom, but it even says what corner of the bathroom the garbage can is in? Isn't that also in the notes?

# 39 MS. MAZZOLA:

That is the location Mr. Fung told me, yes.

KEY QUOTE

# 40 MR. NEUFELD:

And isn't that the location that Mr. Fung told you on the afternoon of the 13th when you actually wrote it down on that document?

# 41 MS. MAZZOLA:

No, I don't believe it was on the afternoon of the 13th.

# 42 MR. NEUFELD:

It's your testimony that Dennis Fung recalled the very next day when he talked to you that that trash can was in the southwest corner of the bathroom?

# 43 MR. GOLDBERG:

Calls for hearsay.

# 44 THE COURT:

Overruled.

# 45 MS. MAZZOLA:

I can not testify to what Mr. Fung remembered or not.

# 46 MR. NEUFELD:

I'm not asking you what he remembered. I'm asking you whether that's when he told it to you for the first time.

# 47 MR. GOLDBERG:

Calls for hearsay.

# 48 THE COURT:

Overruled.

# 49 MS. MAZZOLA:

It was the next day.

# 50 MR. NEUFELD:

I'll just take a minute to allow them to do that.

# 51 (Brief pause.)

# 52 THE COURT:

All right. Let the record reflect that all the jurors have had the opportunity to review Defense exhibit 1107. Mr. Neufeld.

# 53 MR. NEUFELD:

Thank you.

# 54 MR. NEUFELD:

Now, Miss Mazzola, was it after that that you and Dennis Fung removed items 15 and 16 from the trash bag that you logged them in on this field sheet? Is that your testimony?

# 55 MS. MAZZOLA:

Yes.

# 56 MR. NEUFELD:

And that was done in the afternoon of June 14th, correct?

# 57 MS. MAZZOLA:

It was done on June 14th.

# 58 MR. NEUFELD:

Well, on the morning of June 14th, you said you became aware that the blood vial from Mr. Simpson was in the trash bag, correct?

# 59 MS. MAZZOLA:

Correct.

# 60 MR. NEUFELD:

And you certainly knew, ma'am, on the morning of the 14th that the sneakers had not been in that trash bag; isn't that right?

# 61 MS. MAZZOLA:

Correct.

# 62 MR. NEUFELD:

And you say you saw on the gray envelope when it was removed from the trash bag the inscription indicating that Mr. Fung had received the blood vial from Vannatter on June 13th at 5:30 P.M., correct?

# 63 MS. MAZZOLA:

I caught a glimpse of it, yes.

KEY QUOTE

# 64 MR. NEUFELD:

Yet, isn't it a fact you still made out this handwritten list on June 14th with the sneakers identified as item 17, the vial as item 18 and the hair from the glove as item 19?

# 65 MR. GOLDBERG:

That's been asked and answered.

# 66 THE COURT:

Overruled.

# 67 MS. MAZZOLA:

Yes.

# 68 MR. NEUFELD:

And, ma'am--

# 69 MR. NEUFELD:

Would you put this on the elmo, please?

# 70 (Brief pause.)

# 71 MR. NEUFELD:

Yet on this handwritten sheet--this is the handwritten sheet you prepared, ma'am?

# 72 MS. MAZZOLA:

Yes.

# 73 MR. NEUFELD:

With the item 17 being the sneakers, 18 being the blood vial and 19 being some hair removed from the glove?

# 74 MS. MAZZOLA:

Correct.

# 75 MR. NEUFELD:

You didn't put any time down on this handwritten sheet for when this blood vial was allegedly obtained, did you?

# 76 MR. GOLDBERG:

Object to the word "Allegedly," argumentative.

# 77 THE COURT:

Sustained. Rephrase the question.

# 78 MR. NEUFELD:

You didn't write down any time next to the item no. 18, the blood vial, so the time that you read on an envelope as to the time it was received?

# 79 MS. MAZZOLA:

On this? No.

# 80 MR. NEUFELD:

Yet, the only date--in fact there's no date either, is there, next to the item?

# 81 MS. MAZZOLA:

No.

# 82 MR. NEUFELD:

The only date on that piece of paper that you wrote is June 14th; isn't that right?

# 83 MS. MAZZOLA:

For the tennis shoes, yes.

# 84 MR. NEUFELD:

Excuse me. The--well, you certainly knew that item 19, the hair, was not collected on the--it was not something that you were booking in on the 13th, correct?

# 85 MS. MAZZOLA:

It was not collected on the 13th?

# 86 MR. NEUFELD:

Well, the hair was not something that you were separating on the 18th--on the 13th?

# 87 MR. GOLDBERG:

That's irrelevant.

# 88 MR. NEUFELD:

Well, didn't you--

# 89 THE COURT:

Sustained. You're rephrasing the question?

# 90 MR. NEUFELD:

Didn't you include or keep item 19, the hair, from item 9 on a separate page with the sneakers in subsequent reports?

# 91 MR. GOLDBERG:

Vague and overbroad.

# 92 THE COURT:

It's irrelevant.

# 93 MR. NEUFELD:

Isn't it a fact that you never wrote down on that sheet that the blood vial was received on June 13th at 1720 in the afternoon?

# 94 MS. MAZZOLA:

On this? No.

# 95 MR. NEUFELD:

And isn't it a fact, ma'am, that the reason you wrote down the vial as no. 18 and the sneakers as no. 17 is that you never saw a vial come out of the plastic bag in the early morning hours of June 14th?

KEY QUOTE

# 96 MR. GOLDBERG:

Argumentative, your Honor.

# 97 THE COURT:

Sustained. What item is it we have on the elmo now?

# 98 MR. NEUFELD:

I'm sorry? What?

# 99 THE COURT:

What Defense--item is on the elmo?

# 100 MR. HARRIS:

1107.

# 101 THE COURT:

1107.

# 102 MR. NEUFELD:

Now, yesterday, you were asked by Mr. Goldberg whether you had an independent recollection that on June 13th, 10 months ago, you remembered that the trash bag felt a little bit heavier when you carried it down the driveway than it had felt earlier on when you were holding it with items 15 and 16 in it; isn't that correct?

# 103 MR. GOLDBERG:

Misstates the evidence.

# 104 THE COURT:

Sustained.

Temperature

tense

Key Quotes (4)

Andrea Mazzola

Items 15 and 16 were the next items up. The times are written the next day.

Mazzola concedes that the times on the field notes were not written contemporaneously — a key concession undermining the integrity of the documentation chain.

Andrea Mazzola

I caught a glimpse of it, yes.

Mazzola's hedged acknowledgment that she saw the envelope inscription showing the blood vial was received June 13th at 5:30 PM — yet she still documented it without a time or date on her handwritten list.

Peter Neufeld

Isn't it a fact, ma'am, that the reason you wrote down the vial as no. 18 and the sneakers as no. 17 is that you never saw a vial come out of the plastic bag in the early morning hours of June 14th?

Neufeld's bluntest accusation of the examination — that the vial's placement in the numbering sequence reveals it was documented without ever being directly observed, implying possible planting.

Andrea Mazzola

That is the location Mr. Fung told me, yes.

Mazzola attributes the specific bathroom corner detail to Fung, raising the question of whether she independently witnessed or recorded the evidence locations.

Evidence (4)

Defense 1107

Field document/notes covering items 15 and 16 collected at Rockingham, passed to jurors for review

passed to jury, discussed

Informal

Handwritten list prepared by Mazzola with item 17 (sneakers), item 18 (blood vial), item 19 (hair removed from glove)

displayed on Elmo, challenged

Informal

Gray envelope with inscription showing blood vial was received from Vannatter on June 13th at 5:30 P.M.

discussed — Mazzola says she caught a glimpse of it

Informal

Trash bag containing blood vial and potentially other items

discussed in context of June 14th morning discovery

Notable Exchanges (3)

Peter Neufeld•Andrea Mazzola

Neufeld methodically establishes that the handwritten evidence list has no time or date recorded next to the blood vial (item 18), despite Mazzola having glimpsed the envelope showing it was received June 13 at 5:30 PM — then suggests this omission is because she never actually saw it come out of the trash bag.

strategic

Peter Neufeld•Andrea Mazzola

Extended back-and-forth over whether field notes for items 15 and 16 were written the afternoon of June 13th or reconstructed on June 14th, with Mazzola conceding the times were added the next day.

revealing

Peter Neufeld•Andrea Mazzola

Mazzola attributes the precise bathroom corner location of item 15 to what Fung told her, and insists this was relayed the next day rather than contemporaneously — raising questions about reconstruction of notes from memory.

strategic

Credibility Attacks (3)

⚔ Andrea Mazzola

prior inconsistent documentation / omission

Neufeld highlights that the handwritten evidence list has no time or date for the blood vial entry, despite Mazzola having seen the envelope timestamp — arguing the omission reveals she never witnessed the vial's retrieval from the trash bag.

⚔ Andrea Mazzola

impeachment by fatigue and memory

Neufeld establishes Mazzola was exhausted, collected numerous items across two crime scenes, and challenges whether she could have independently remembered item numbering without referring to her field notes.

⚔ Andrea Mazzola

documentation reconstruction

Neufeld presses that the times on the field notes for items 15 and 16 were not written contemporaneously but added the next day, undermining the evidentiary integrity of the field documents.

Objections

12 objections (6 sustained, 6 overruled)

Proceeding 5842 • 104 utterances • Prosecution witness

Criminal Trial

Department 103