Thank you, ladies and gentlemen. Please be seated. Let the record reflect we have now been rejoined by all the members of our jury panel. Ms. Mazzola is again on the witness stand. Miss Mazzola, good afternoon again. And you are reminded you are still under oath. And Mr. Goldberg, you may commence and conclude your redirect examination.
Miss Mazzola, as to the coin envelopes that you were asked about on cross-examination by the Defense attorney, did you open up and look in every single one of these coin envelopes today?
Was this something that was done on the record but outside the presence of the jury?
And did you take a look at the bindles that were in each one of those coin envelopes?
When you did that, did you recognize the bindles in each one of the coin envelopes?
Did you recognize the writing on the numbers as being either yours or Dennis Fung's?
Okay. Let's take one of these items as an example, item no. 47, if I may. I'm not going to go through all of these now, but I would like her just to remove from item no. 47--
Please. Why don't you clear that box off, Mr. Goldberg, for us. There is--why don't you had me the towels--I mean the glove box. Thank you.
Thank you. All right. Evidence item 47 appears to be comprised of three coin envelopes stapled together.
Now, this appears to have quite a bit of writing on it. Did it have all that writing on it when you created the bindle initially?
Can you tell us what writing was on it at the time that the bindle was originally created?
Objection, your Honor. I don't believe she is competent to testify that Dennis Fung's initials--that Dennis Fung created that bindle.
When you and Mr. Fung were processing these, was it--was he writing on the bindles that he was creating and you were writing on the bindle that you were creating?
And when you went through these various items, did you recognize them to be the original bindles that were created by you and Mr. Fung?
And before we move on to the next bindle in item no. 47, do you see the original coin envelope into which the item was placed on the 13th when it was collected?
Maybe we should put that on the elmo. Can you just detach that from the remaining coin envelope so I don't heat up the other remaining items.
And you were asked about photo documenting these items. Was this particular coin envelope photo documented in any way on the 13th?
This particular coin envelope, photo item 112, was the actual photo i.d. Card at the scene for item 112.
So if we looked at the photograph for item no. 47 that was taken at the Bundy location, we would actually see this photo i.d. No. 112?
And have you recognized, when you looked at the photo i.d. Numbers that were placed on the Bundy trail, for instance, were you able to recognize those were in fact the coin envelopes into which the items were placed?
Now, at the upper portion of this coin envelope there is something that says "DR" and then there is a number on it. What is that?
That is the DR number that is assigned to each particular case, scene, sample that we get into toxicology.
That is the property i.d. Number. That was placed on this particular one would be on the 14th.
Your Honor, I would like to take a look at another exhibit that is already marked as People's 48-b for identification, but I would like to put it up, if we can, simultaneously.
Okay. And can we alternate now back to the coin envelope, item 48. May we can just do that a couple more times? Is that possible?
So taking a look now at the card no. 47 and the photograph that depicts a card no. 112, are those the same object?
When you got back to the laboratory the item no. 47 and the photo i.d. Was added?
Now, at the time that you testified at the griffin hearing you were under the impression that you had initialed the coin envelope and the bindles--excuse me--the coin envelope in the field; is that correct?
And I know we discussed this a little bit on direct examination, but why is it that you believe that to be the case?
Because at the previous scene that I had done, my first scene, that is the way the criminalist at that scene did it.
Okay. And why is it that you did not do that in that particular way on the 13th?
Because Mr. Fung said we would be working as a team. There was only two of us, and it had to be picked up by either one of us.
KEY QUOTEAnd similarly, you believed, at the time of the griffin hearing, that you had initialed the coin envelope that you created; is that correct?
Because again, that was the way it had been done at the first scene I had gone to and I believe that I had done it on the 13th.
All right. And is it your understanding, based upon your training as a criminalist, that what individualizes the bindles in the coin envelope is the handwriting number that is placed on by the criminalist at the time that they are created?
What is your understanding as a criminalist with respect to what individualizes the bindles that are created by the criminalist?
It is the item numbers that are important, because the item number on the bindle ties it to the item number of, say, the blood stain that was collected.
KEY QUOTEOkay. Now, maybe we can take a look at the other bindle that is contained in item no. 47.
Now, the other writing that was put on there, was that at some subsequent time by other people?
At the time that you were working on them was any of the other writing on there other than the 112-c?
All right. With regards to this item, I will direct Mrs. Robertson to restaple and reseal.
As to the writing that was on the bindle, did you recognize any of that as being writing from other people in your laboratory?
Were there any--was there any writing on the item that appeared to be from people that were from an outside lab that you did not recognize?
Now, you say that at one point you went into the serology laboratory and saw some of the bindles that you and Mr. Fung created in this case?
Objection, your Honor, as to the last portion of the question. It assumes facts not in evidence.
Is there any lab policy or rule that prohibits you from going into serology and talking with colleagues?
When you brought the items back from the Bundy and Rockingham location on the evening of the 13th, how did you get into the evidence processing room?
I believe we--one of us entered the evidence processing room and opened the large outer door.
It is a large heavy-duty metal door that is electric that can be rolled up to gain access to the room.
Okay. And when you went in through the large metal doors, did you bring the items with you, you and Mr. Fung?
Is it possible that maybe some person ran in there and snuck into the evidence possessing room and then hid until you and Mr. Fung left?
KEY QUOTEWell, did you see anyone scurry into the room and hide waiting for you and Mr. Fung to leave?
All right. And when you left the evidence processing room were the doors closed?
Now, in order to get into this door in the evidence processing room, do you need any kind of key or electronic device?
It is operated by a computer lock. We have an i.d. Card that we must put over the lock for the door to unlock.
KEY QUOTEYes. She appears to be holding a plastic card that appears to be about a quarter of an inch in width. It seems to have a bar code sticker on one side and is approximately two-and-a-half inches by three-and-a-half inches.
Does People's 170 depict most of the major steps that are involved in the evidence drying process?
And you were talking about how Mr. Fung was manipulating the swatches into the tubes in order to set them out for drying. Is that depicted on this board?
And when he did that--when he did that in your presence, do his hands ever come into contact with the swatch?
The test tube is placed back into the coin envelope corresponding to the item number.
Now, when you were working on these items on the evening of the 14th, do you simply line up all the coin envelopes in a big row and then into an assembly line fashion go from envelope to envelope?
It is just as easy to work on one at a time. It is safer to work on one item at a time. Put that completely finished in the box before moving on to the next one.
What advantages are there to working on one item at a time in terms of making it safer?
You decrease the risk of putting swatches mixed up, getting your numbers mixed up, possibility that two swatches from two different items would come into contact with each other or the same surface.
And after this item is processed and both the control and swatches are in their respective test-tubes and in the coin envelope, what happens to the coin envelope?
The coin envelopes are placed in a shallow cardboard box for security. We hold them together.
Okay. Thank you. Now, I would like to take a look the People's 171. It is the evidence packaging board.
Miss Mazzola, directing your attention to People's 171, does this depict most of the steps that are involved in the evidence packaging portion of the possessing phase?
And when you were talking about placing the items on a bindle, is that depicted here?
And do you also place a number to distinguish the control or a little "C" to distinguish the control from the swatch?
The bindles are placed back into the original coin envelopes and the envelopes are then sealed.
Now, you were asked about looking at photographs in order to refresh your recollection, and specifically item no. 47, I think it was photo i.d. No. 112?
When you looked at a photograph that refreshed your recollection, was that a close-up or a perspective shot?
What was it about that item, if anything, that was--that stood out in your memory?
And when you same the trail, you are talking about the series of dots that started on the walkway and ended in the area of the driveway?
And what was it about that--the location of that drop, if anything, that caused you to recall that Mr. Fung had participated in swatching that particular stain?
Objection, your Honor. It is beyond the scope at this point, I believe my area of recross.
It was the first drop at the trail and it was also at the corner of the house in the front.
Now, you were asked some questions about the blood vial containing the reference sample of the Defendant. Did you ever touch that blood vial?
I just want to go back to item no. 47 for a second that you looked at the photograph in order to refresh your recollection. Could you see in that perspective shot where the blood drop was in relationship to the corner of the building?
And is that--was it viewing that that caused you to refresh your recollection as to that drop?
What was it that caused your recollection to become refreshed as to that drop, when you saw the photograph?
The fact that it was the first drop on the trail and its position right in the front at the corner of the house.
All right. Now, going back to the blood vial for a second, was it your belief, when you testified at the griffin hearing, that you had left shortly after five o'clock?
Because that is the time that I thought we had left. It did not seem that a long period of time had gone by.
When Mr. Fung told me to write down that he had received the blood vial and the time.
Now, on either the 13th or the 14th did you ever have any reason to believe that the issues relating to when and where and how that blood vial and its packaging was recovered would be important?
Or that there would be any kind of allegations of wrongdoing in connection with the blood vial by the defendants or by--
Okay. Now, with respect to item no. 15 and 16, when did you put those items on the crime scene identification checklist?
While they are getting that, I also wanted to take another look at a portion of People's 186, the scene showing Miss Mazzola placing stuff--items in the back of the LAPD crime scene identification--crime scene truck.
I don't know. It seems to come up over and over again. We are only going to see a little snippet of it, your Honor.
Maybe we could fast forward a little bit just up to the point where they put the item in the back of the truck.
Let's go a little bit further and take a look at your hands and Mr. Fung's hands. We don't have to go in slow motion.
Now, were either you or Mr. Fung carrying anything back into the Rockingham location when you left the crime scene truck after you had placed the kits and also the items of evidence in the rear of the truck?
Did you have anything at that time that you could use to fill out and record the locations of item no. 15 and 16?
Did you have any of your coin envelopes with you or any packaging materials with you at that time?
Okay. Well, Miss Mazzola, you say that you don't have--didn't have your crime scene identification checklist or any coin envelopes. Could you have hidden your crime scene identification checklist in the coin envelope in your sock?
Well, did you hide them somewhere on your person so that you could produce them later on when you got back to Rockingham?
All right. Now, I would like to take a look at Defense 1107. Maybe we can see 15 and 16 a little bit better at the bottom. Okay. That's fine.
Now, on 15 and 16, did you write counsel any measurements as to where the items were actually located?
With respect to the other items that were collected at Rockingham that are contained on this list, maybe we can just take a look at item no. 1. Starting with no. 1, that is the stain that was contained on the Bronco?
Do you do measurements for the other items that are contained on this list, including a, b and c which a and b which were not collected?
Now, you said when you were walking out with the plastic bag that it appeared that the weight was concentrated on a part of the bag. What did you mean by that part of your testimony.
Do you recall testifying in substance that the weight was concentrated in one part of the bag?
Well, if it was item 15, 16 and the photo i.d. Cards, there really--they really didn't weigh that much, and the weight I felt tended to be on--in one area rather than spread out over the whole bag.
Now, with respect to the photo i.d. Cards at the Rockingham location, is it your general practice that after the items are collected, the stains, the card would be lifted up?
Do you recall seeing a segment of videotape that showed Mr. Fung lifting up some cards in what appears to be the afternoon?
I direct your attention to 48-a for identification. Does that depict photo i.d. No. 112, item no. 48?
Thank you. All right. Miss Mazzola, I'm going to ask you to collect the items before you, return them to Mrs. Robertson, the clerk. You are now excused as a witness, however, you are subject to recall. All right. All right. Counsel, given the time that we have expended today before the jury, I think we are going to call it quits for today. All right. I do have a few matters I want to take up with counsel, though, before we leave. All right. Ladies and gentlemen of the jury, thank you very much. Please remember all of my admonitions to you. Do not discuss the case amongst yourselves, form any opinions about the case, conduct any deliberations until the matter has been submitted to you, do not allow anybody to communicate with you with regards to the case. And have a pleasant weekend. I think I mentioned to you that we have other commitments tomorrow, counsel and myself. We will not be in session, as far as witnesses are concerned, tomorrow. We will start again promptly Monday morning, nine o'clock, and we are going to have a full week of testimony next week. So I will see you next week. Have a pleasant weekend, enjoy the outings. All right. And Miss Mazzola, you may step down, and would you take those items, please, over to Mrs. Robertson.
It is the item numbers that are important, because the item number on the bindle ties it to the item number of, say, the blood stain that was collected.
It is operated by a computer lock. We have an i.d. Card that we must put over the lock for the door to unlock.
No. On either the 13th or the 14th did you ever have any reason to believe that the issues relating to when and where and how that blood vial and its packaging was recovered would be important?
Is it possible that maybe some person ran in there and snuck into the evidence possessing room and then hid until you and Mr. Fung left?
Because Mr. Fung said we would be working as a team. There was only two of us, and it had to be picked up by either one of us.