Cross-examination of Andrea Mazzola (part 4)

📄 Cross-examination of Andrea Mazzola (part 4) — Thursday, April 27, 1995

Address:

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

TRIAL

▲ Day 63 of 167

Witness: Andrea Mazzola
Examiner: Peter Neufeld
Called by: Prosecution • Date: Thursday, April 27, 1995 • Utterances: 50

Neufeld cross-examines Mazzola on the weight of the evidence bag she carried down the Simpson driveway, pressing her to confirm it felt heavier than items 15, 16, and a handful of index cards could account for — a line of questioning aimed at suggesting an additional item (such as a blood vial) may have been present. Neufeld then pivots to a physical demonstration, unstapling People's 163-h envelopes and producing a blood vial (Defense 1112) to lay a foundation for comparing sizes, ending at a sidebar.

# 1 MR. NEUFELD:

24643. Did you hear me, your Honor? 24643?

# 2 THE COURT:

What line?

# 3 MR. NEUFELD:

Beginning at line 10.

# 4 THE COURT:

Proceed.

# 5 MR. GOLDBERG:

That's not inconsistent. It's hearsay.

# 6 THE COURT:

Proceed.

# 7 MR. NEUFELD:

It's a foundational question, your Honor.

# 8 MR. NEUFELD:

When you testified yesterday under questioning from Mr. Goldberg, did you testify that--well, were you asked this question, did you give this answer? "Question: Now, in terms of weight, when you were carrying the bag, did the weight appear to be consistent with only 15, 16 and the little cards? "Answer: It appeared to be a little heavier, but at the time, I didn't think much about it." you were asked that question, gave that answer yesterday?

# 9 MS. MAZZOLA:

Correct.

# 10 MR. NEUFELD:

Okay. And when you testified that way, Miss Mazzola, were you saying in effect that you were recalling that the bag had a little more heft when you carried it down the driveway as opposed to the amount of heft that it had when you were holding it in the house?

# 11 MR. GOLDBERG:

Misstates the testimony. Calls for speculation.

# 12 THE COURT:

Overruled. Overruled.

# 13 MS. MAZZOLA:

It was a little heavier than what item 15, 16 and the few cards would have had.

KEY QUOTE

# 14 MR. NEUFELD:

Well, when you say--when you testified that way yesterday and you said it was heavier than what the cards in 15 and 16 would have felt like, were you simply assuming a weight for 15 and 16 and the cards or were you thinking back to how heavy the bag felt when you held it with 15 and 16 and the little cards before you put it down in the foyer?

# 15 THE COURT:

Do you understand that question?

# 16 MS. MAZZOLA:

I understand the question. I don't know if I was assuming the weight given the few pieces of paper versus remembering exactly how heavy it was when I had it in my hand.

# 17 MR. NEUFELD:

Well, the actual--the photo id cards are pieces of cardboard; are they not? They're index cards that are folded in half?

# 18 MS. MAZZOLA:

They're about that weight, yes.

# 19 MR. NEUFELD:

And there were about a half dozen of them or eight of them I think we said yesterday; is that right?

# 20 MS. MAZZOLA:

I don't know if there were eight. There were a few.

# 21 MR. NEUFELD:

Well, there was--item no. 4 had an index card, right?

# 22 MS. MAZZOLA:

Correct.

# 23 MR. NEUFELD:

Item no. 5, 6, 7, 8, a, b and c; is that right?

# 24 MS. MAZZOLA:

Correct.

# 25 MR. NEUFELD:

So approximately half dozen or so?

# 26 MS. MAZZOLA:

Approximately.

# 27 MR. NEUFELD:

And those are cardboard?

# 28 MS. MAZZOLA:

More like, as you said, index cards.

# 29 MR. NEUFELD:

Index cards. Sorry. Thank you. And it's your testimony yesterday and today that you could recall that when you carried that bag down the driveway, that it had more heft than it would have with just the folded index cards in it and items 15 and 16; is that correct?

# 30 MS. MAZZOLA:

Yes. It was a little heavier.

# 31 (Brief pause.)

# 32 MR. NEUFELD:

Your Honor, with the Court's permission, I would simply like to take the staple off of these three objects so I can isolate one of them.

# 33 THE COURT:

Which item is that?

# 34 MR. NEUFELD:

These are the three envelopes that are used for demonstrative purposes by the People. It's 163-h.

# 35 THE COURT:

All right. You may unstaple them. Of course you have a staple remover.

# 36 MR. NEUFELD:

In Brooklyn, we use our teeth.

KEY QUOTE

# 37 MR. NEUFELD:

Miss Mazzola, I believe you already testified that the analyzed evidence report which would hold a blood vial is the gray envelope which was part of People's exhibit 163-h; is that right?

# 38 MS. MAZZOLA:

The envelope, yes.

# 39 MR. NEUFELD:

All right. And you of course have seen the blood vials that are used to hold reference samples, haven't you, in your work in toxicology?

# 40 MS. MAZZOLA:

I have seen still samples, yes.

# 41 MR. NEUFELD:

And I now show you what is Defendant's exhibit--there's a number covered up with the strip but--1112? 1112--and ask you whether or not it appears to be the same size and shape that is used as a standard vial for holding blood, reference samples.

# 42 MS. MAZZOLA:

In toxicology, we do not have the ones with the EDTA preservative.

# 43 MR. NEUFELD:

You have a different type of stopper on it?

# 44 MS. MAZZOLA:

Correct.

# 45 MR. NEUFELD:

But it's the same size, correct?

# 46 MS. MAZZOLA:

It might be a little bit smaller. I'm not positive. I need to compare the two.

# 47 MR. NEUFELD:

May we have a very brief sidebar, your Honor? I think I can--just a question of foundation.

# 48 THE COURT:

Do you have any other vials available?

# 49 MR. NEUFELD:

This is the vial we referred--may I just approach very briefly on that?

# 50 THE COURT:

All right. Why don't you talk to Mr. Scheck.

Temperature

tense

Key Quotes (3)

Andrea Mazzola

It was a little heavier than what item 15, 16 and the few cards would have had.

The concession that the bag felt heavier than its documented contents suggests is the core of the defense's planted-evidence argument — something unaccounted for may have been inside.

Andrea Mazzola

I don't know if I was assuming the weight given the few pieces of paper versus remembering exactly how heavy it was when I had it in my hand.

Mazzola hedges under pressure, undermining the reliability of her weight-based recollection while still not retracting it.

Peter Neufeld

In Brooklyn, we use our teeth.

A rare moment of levity during a grinding cross, breaking tension when Ito notes Neufeld needs a staple remover.

Evidence (4)

People's 163-h

Three stapled envelopes used as demonstrative evidence — includes the gray analyzed-evidence envelope that would hold a blood vial

physically handled; Neufeld unstaples them for isolation

Defense 1112

A standard blood reference sample vial, shown to Mazzola for size/shape comparison

introduced for foundation; Mazzola notes toxicology vials lack EDTA preservative stopper but cannot confirm identical size without comparison

Informal

Items 15 and 16 — evidence collected from the Simpson residence, carried in the bag in question

discussed as basis for weight comparison

Informal

Photo ID index cards (items 4, 5, 6, 7, 8-a, 8-b, 8-c) — approximately half a dozen folded cardboard cards

discussed to establish expected vs. actual bag weight

Notable Exchanges (2)

Peter Neufeld•Andrea Mazzola

Neufeld walks Mazzola through an itemized accounting of the bag's documented contents — each index card, each item number — to lock in that the bag should have been light, then confirms she remembers it being heavier. She holds the concession but cannot say whether she was remembering or assuming.

strategic

Peter Neufeld•Lance A. Ito

Ito interjects mid-question to ask Mazzola if she understands Neufeld's compound question about assuming versus remembering weight — a rare judicial assist that signals the question was genuinely confusing.

procedural

Light Moments (1)

Peter Neufeld

When Ito points out Neufeld will need a staple remover to unstaple the envelopes, Neufeld quips 'In Brooklyn, we use our teeth.'

Credibility Attacks (1)

⚔ Andrea Mazzola

prior inconsistent statement / memory reliability

Neufeld uses Mazzola's own prior-day testimony to pin down a concession that the bag felt heavier than documented contents, then probes whether her weight recollection was genuine memory or unconscious assumption — leaving her unable to confirm which, weakening the reliability of her account.

Witness Demeanor

(Brief pause.) — after Mazzola confirms the bag felt heavier than its contents would suggest

Objections

2 objections (0 sustained, 2 overruled)

Proceeding 5844 • 50 utterances • Prosecution witness

Criminal Trial

Department 103