📄 Redirect examination of Gregory Matheson (part 2) — Thursday, May 4, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAY\4\REDIRECT-EXAMINATION-OF-GREGOR.DOC
TRIAL
▲ Day 67 of 167

Redirect examination of Gregory Matheson (part 2)

Witness: Gregory Matheson
Examiner: Hank Goldberg
Called by: Prosecution • Date: Thursday, May 4, 1995 • Utterances: 207
Prosecutor Goldberg uses redirect to rebuild the evidence integrity case by walking through card access logs (People's 226) for the SID Piper Tech evidence processing room, showing that only authorized personnel entered between the evening of June 13 and the morning of June 14. Matheson confirms the room is highly secure, inaccessible without card key, and that all entries between Mazzola/Fung's late evening check-in and Yamauchi's 9:59 AM start were by trusted SID staff. Goldberg repeatedly pushes toward the conclusion that tampering was impossible, drawing sustained objections each time he overreaches.
1 (The following proceedings were held in open Court, in the presence of the jury:)
2 THE COURT:

Thank you, ladies and gentlemen. Please be seated. Mr. Matheson, would you resume the witness stand, please. And, Mr. Goldberg, you may continue and conclude your redirect examination.

3 MR. GOLDBERG:

Thank you, your Honor.

4 MR. GOLDBERG:

Now, Mr. Matheson--

5 MR. GOLDBERG:

I wanted to put this testing board back.

6 (Brief pause.)
7 MR. GOLDBERG:

Now, Mr. Matheson, as to the SID piper tech facility, which is more secure between the lobby area and the corridor area?

8 MR. MATHESON:

The corridor area is the more secure of the two.

9 MR. GOLDBERG:

And which is more secure between the corridor area and the evidence processing room?

10 MR. MATHESON:

The evidence processing room.

11 MR. GOLDBERG:

Now, the evidence processing room, in order to get into that showing--using the map, can you show us where you have to go?

12 MR. MATHESON:

From the outside?

13 MR. GOLDBERG:

Yes.

14 MR. MATHESON:

To get from the--

15 MR. GOLDBERG:

Or from the corridor at least.

16 MR. MATHESON:

To get from the evidence processing room, which is located in the upper right-hand corner of the map here, you would have to come up this corridor, get through a door that is off the corridor into the storeroom, which requires card access, go through this storeroom and then enter through the door between the storeroom and the evidence processing room also using your access card to unlock it (Indicating).

17 MR. GOLDBERG:

Now, with respect to June the 14th of last year, you said that Andrea Mazzola was processing some evidence from another case?

18 MR. MATHESON:

She mentioned that to me, that she had.

19 MR. BLASIER:

Objection. Beyond the scope of direct.

20 THE COURT:

Overruled.

21 MR. GOLDBERG:

And was the case that was being processed one that involved non-biological evidence, specifically cartridge shells from a firearm?

22 MR. BLASIER:

Objection. Leading.

23 THE COURT:

Sustained.

24 MR. GOLDBERG:

Do you know--

25 THE COURT:

Rephrase the question.

26 MR. GOLDBERG:

Do you know--do you know what kind of evidence she was processing?

27 MR. MATHESON:

All I know is that--

28 MR. BLASIER:

Objection. Based on hearsay.

29 THE COURT:

Sustained.

30 MR. GOLDBERG:

All right. Now, when you were in that room, if you had seen anything else being processed that posed any kind of a concern in terms of the evidence in this case, would you have notated that in your notes?

31 MR. BLASIER:

Objection. Calls for speculation.

32 THE COURT:

Overruled.

33 MR. MATHESON:

Well, not just related to this case. If I'm ever in a, you know, part of the laboratory where I perceive a problem is being done as far as evidence handling in that room, particular, if one case's evidence is too close to another or people are being sloppy with it, I would mention it to them and possibly note it down.

34 MR. GOLDBERG:

Now, you testified on your cross-examination that between the 13th and the 16th or between the 13th and the 15th, the evidence in this case was not logged into any computer system or bar coded; is that correct?

35 MR. MATHESON:

That's correct.

36 MR. GOLDBERG:

And that happened on the 16th?

37 MR. MATHESON:

Correct, after it was booked in at our evidence control unit.

38 MR. GOLDBERG:

Now, if a person who was--somehow in the facility wanted to figure out where the evidence was in this case between the 13th and the 16th when it was entered into the computer, would there be any computerized records that they could use to figure out where on earth that facility it was?

39 MR. MATHESON:

No, there wouldn't be.

KEY QUOTE
40 MR. GOLDBERG:

Would there be any written records that are maintained in the file cabinet or anywhere else that they could use to figure where on earth in the facility it was?

41 MR. MATHESON:

No, there wouldn't be.

KEY QUOTE
42 MR. GOLDBERG:

So does the fact that it's not entered into the computer mean that the evidence would be more easily found and tampered with or more difficult to find and tampered with?

43 MR. MATHESON:

Well, you just would not be able to refer to a computer to find out where it's at.

44 MR. GOLDBERG:

All right. Now, you said, when you were talking about the computer system, that you didn't think the police officers would know how to use it. Why do you think that?

45 MR. MATHESON:

We're talking about the sets computer system at this point?

46 MR. GOLDBERG:

Right.

47 MR. MATHESON:

Well, it takes a little bit of training. It's not a very easy system to learn, to figure out how to determine the location of an evidence item.

48 MR. GOLDBERG:

Now, with respect to the sets system, on off hours, can you use that system?

49 MR. MATHESON:

Me personally?

50 MR. GOLDBERG:

Yes.

51 MR. MATHESON:

No, I can not.

52 MR. GOLDBERG:

Why not?

53 MR. MATHESON:

Because it's password protected and I don't know what the password is.

54 MR. GOLDBERG:

So on off hours, if you're at the laboratory, even though you're a manager at SID, you can not use the system to figure out where something is in this facility?

55 MR. MATHESON:

I can't, no.

56 MR. GOLDBERG:

Can your criminalists?

57 MR. MATHESON:

No.

58 MR. GOLDBERG:

Can a police officer or detective?

59 MR. MATHESON:

No.

60 MR. GOLDBERG:

Now, with respect to this door system that's depicted in some of the photographs, particularly on People's 206, the photograph that says card key entry, does that system make a computerized record of who goes in and out--excuse me--of who goes into the doors that have the system?

61 MR. MATHESON:

Yes, it does.

62 MR. GOLDBERG:

Your Honor, at this time, I would like to mark another copy of what has been previously marked as an exhibit but not in total, and this will be People's 226 for identification. It says card access.

63 THE COURT:

All right. Mr. Blasier, do you have a copy of this? All right. People's 226.

64 (Peo's 226 for id = card access)
65 MR. GOLDBERG:

Mr. Matheson, I would like to show you People's 226 for identification and see if you recognize that. Why don't you just look through.

66 (The witness complies.)
67 MR. MATHESON:

Yes, I do.

68 MR. GOLDBERG:

What is that?

69 MR. MATHESON:

This is a copy of a printout that I provided that shows the activity of the reader for the door into the evidence processing room. In other words, it's all the transactions of whose card was read and whether or not they were allowed entry.

70 MR. GOLDBERG:

And on the 13th--between the 13th and the 16th, were there any unauthorized entries when you reviewed this document?

71 MR. BLASIER:

Objection. No foundation.

72 THE COURT:

Sustained.

73 MR. GOLDBERG:

Were all of the individuals who entered the room that are listed on this document people who are authorized to do so?

74 MR. MATHESON:

Yes.

75 MR. GOLDBERG:

Now, if I may, I would like to put this on the elmo.

76 MR. GOLDBERG:

Now, directing your attention to the date of June 13th as reflected on this document, sir, at the bottom of the document, can you tell us when Dennis Fung badged--excuse me--when Andrea Mazzola badged into the evidence processing room in the evening hours? Is the resolution high enough?

77 MR. MATHESON:

I believe--well, not quite. I believe, from looking at this, that Andrea Mazzola has indicated as having entered that--I believe it's at 1837 or 6:37 in the evening. It's the--the 8th that I'm not totally sure about.

78 MR. GOLDBERG:

And then Mr. Fung went in at what appears to be 1844 or 6:44?

79 MR. MATHESON:

That's correct. Actually, that one's easier to read at the moment.

80 MR. GOLDBERG:

And the 13th, is that your understanding of the day that the crime scenes were processed by Andrea Mazzola and Dennis Fung?

81 MR. MATHESON:

That's correct.

82 MR. GOLDBERG:

And what does "end of report" mean?

83 MR. MATHESON:

That means that for the search criteria that I put in, which was for all the entries for that door for that date, was completed. That indicates that the last entry there was the last time somebody entered into that particular room.

84 MR. GOLDBERG:

Now, sir, directing your attention to the next page, 614 at 6:03--is this 6:03 A.M., sir?

85 MR. MATHESON:

Yes, it is.

86 MR. GOLDBERG:

And does that indicate that you badged into the evidence processing room at that time?

87 MR. MATHESON:

Yes, that's correct.

88 MR. GOLDBERG:

Now, between the time that Andrea Mazzola and Dennis Fung had last badged in on the 13th and when you badged in on 6-14 at 6:03 A.M., were there any entries into that room?

89 MR. BLASIER:

Objection. No foundation.

90 THE COURT:

Sustained.

91 MR. GOLDBERG:

Sir, does this document--would this document reflect all of the activity that would have occurred between those two times?

92 MR. MATHESON:

With regard to that door, that's correct.

93 MR. GOLDBERG:

And was there any activity reflected on this document for that door between the time that Andrea Mazzola and Dennis Fung last badged in and the time that you badged in on the 14th?

94 MR. MATHESON:

No, there's no information--no activity indicated.

KEY QUOTE
95 MR. GOLDBERG:

All right. Now, did you take a look when you were reviewing the documents as to when Mr. Yama--well, is there an analyst who works for your lab named Mr. Yamauchi, Collin Yamauchi?

96 MR. MATHESON:

Yes, there is.

97 MR. GOLDBERG:

And does he also have access to the evidence processing room?

98 MR. MATHESON:

Yes, he does.

99 MR. GOLDBERG:

To your knowledge, did he do some of the testing in this case?

100 MR. MATHESON:

Yes.

101 MR. GOLDBERG:

Now, did you look at some documents as to when Mr. Yamauchi began sampling evidence on the 14th?

102 MR. MATHESON:

I saw something that indicated when they were sampled, yes, a time frame.

103 MR. GOLDBERG:

When? When? When did it start?

104 MR. MATHESON:

Well, I would like to see the document again.

105 MR. GOLDBERG:

Okay. May I approach the witness, your Honor?

106 THE COURT:

You may.

107 MR. GOLDBERG:

Sir, I'm going to show you a document and see if this refreshes your recollection and ask you just to describe for the record what it is you're looking at.

108 MR. MATHESON:

This document is a serology item description note that has listed a number of the evidence items on it along with the item number designation and little drawings of what the samples looked like.

109 MR. GOLDBERG:

What time did Mr. Yamauchi start his sampling?

110 MR. MATHESON:

On these items, about 1000 hours.

111 MR. BLASIER:

Objection. No foundation. Calls for hearsay.

112 THE COURT:

Sustained. Answer stricken.

113 MR. GOLDBERG:

Sir, as to the document you just looked at, is that a document that is--you've described before, "serology item description note"; is that correct?

114 MR. MATHESON:

That is correct.

115 MR. GOLDBERG:

And is that a document that's maintained in the ordinary course of the crime laboratory's business?

116 MR. MATHESON:

Yes, it is.

117 MR. GOLDBERG:

And is it generated at or near the time that the analyst is actually performing the activity that's contained or written about in the report?

118 MR. MATHESON:

Yes, it is.

119 MR. GOLDBERG:

When does he fill that out in relationship to the activity that he's reporting?

120 MR. MATHESON:

At or around the time that the activity occurs.

121 MR. GOLDBERG:

And is that the type of report, when you were describing it before, that also typically will involve little sketches of the items of evidence that the analyst makes while he's looking at it?

122 MR. MATHESON:

Yes, that's correct.

123 MR. GOLDBERG:

And according to this report, did Mr. Yamauchi begin a sampling at 10:00 A.M.?

124 MR. BLASIER:

Objection, your Honor, on previously stated ground.

125 THE COURT:

Noted. Overruled. 1271.

126 MR. MATHESON:

Yes, about 10:00 A.M.

127 MR. GOLDBERG:

Now, you had a conversation that involved yourself and Mr. Yamauchi and Dennis Fung relating to what was going to be tested the morning of the 14th; is that true?

128 MR. MATHESON:

Yes.

129 MR. GOLDBERG:

And that morning, to your knowledge, did Mr. Yamauchi begin sampling items in the Bundy trail at 10:00 o'clock?

130 MR. BLASIER:

Objection to characterization of trail.

131 THE COURT:

Sustained. Rephrase the question.

132 MR. GOLDBERG:

Did he begin sampling items that we've referred to in this Court as the Bundy trail, item 47, 48, 49, 50, 52?

133 MR. BLASIER:

Objection.

134 THE COURT:

All right. It's noted. It has been referred to though.

135 MR. MATHESON:

Yes.

136 MR. GOLDBERG:

So items in that trail--as to--as to certain items in that trail, the testing was underway at and after 10:00 A.M. on 6-14?

137 MR. MATHESON:

As far as the collection and preparation for testing, yes.

138 MR. GOLDBERG:

And, Mr. Matheson, doesn't that mean that after 10:00 A.M. on 6-14, it was too late to tamper with any evidence because the test had already been done?

139 THE COURT:

Wait, wait, wait.

140 MR. BLASIER:

Objection.

141 THE COURT:

Sustained.

142 MR. GOLDBERG:

Okay. Now, I would like to direct your attention back to the door entry document, and I would like to--like you to look at the entries that occurred between 6:03 and between--

143 MR. GOLDBERG:

Can we back up because I want to see where it says 9:59 I believe. Well, wait. Let's look at the next page.

144 MR. GOLDBERG:

Sir, does this document indicate that at 9:59, Mr. Yamauchi badged into the evidence processing room?

145 MR. MATHESON:

Yes, it does.

146 MR. GOLDBERG:

This is A.M., 9:59 A.M.?

147 MR. MATHESON:

Yes.

148 MR. GOLDBERG:

And reviewing the document between the time that you badged in at 6:03 and when Mr. Yamauchi badged in at 9:59 A.M., are all of the people who badged in people who were authorized to badge into that room?

149 MR. MATHESON:

Yes, they are.

150 MR. GOLDBERG:

Now, reviewing the people who badged in between those two time frames, do you see that you badged in on a number of occasions?

151 MR. MATHESON:

Yes. I was in and out of that room quite a bit.

152 MR. GOLDBERG:

Can you count the number of times that you went into the room between those two times?

153 MR. MATHESON:

Well, I count five times on this page not counting the one--original entry. And there's none before that time on the following page. So it would be a total of six times that I entered that room by using my card.

154 MR. GOLDBERG:

And can you tell us the number of times that Andrea Mazzola entered the room in those time frames--in that time frame?

155 MR. MATHESON:

I count five times for that time frame. Her name appears six times, but two of the times are the same minage. Probably just held it up there for too long and it read it twice.

156 MR. GOLDBERG:

Can you tell us the number of times that Dennis Fung came in between those two time frames?

157 MR. MATHESON:

Okay. I count four times on the first page and none on the second. So four times.

158 MR. GOLDBERG:

And can you tell us how many times Collin Yamauchi went in?

159 MR. MATHESON:

I see three times on the first page and twice on the second not counting the last time that he used his card to get in.

160 MR. GOLDBERG:

And by the way, as to your SID employees, do they all know--is it common knowledge within SID that when you use this system, you're creating a permanent record of going into the door?

161 MR. MATHESON:

Yes, they're aware of that.

162 MR. GOLDBERG:

Now, as to the four of you, Andrea Mazzola, Dennis Fung, Collin Yamauchi and yourself, you were in and out of that room continuously between when you came in at 6:03 and when Mr. Yamauchi came in at 9:59; is that correct?

163 MR. BLASIER:

Objection. Leading.

164 THE COURT:

Overruled.

165 MR. MATHESON:

Well, we were in and out of there quite a bit, yes.

166 MR. GOLDBERG:

Okay. There were time frames where you were not in is--where one of the four of you might not have been in according to this?

167 MR. MATHESON:

Might not have been, that's right. It doesn't record exits, just entries.

168 MR. GOLDBERG:

So, sir, with respect to this room, the evidence processing room, is there any location, given the layout of that room, where a person could kind of secrete themselves maybe in an anti room or somewhere else where they can be private and unobserved by someone who walks into the evidence processing room?

169 MR. MATHESON:

No, there is not.

170 MR. GOLDBERG:

Is there any kind of a mechanical device or other device in the evidence processing room that would warn someone in the evidence processing room that someone was approaching and about to enter, maybe a device that might yell out, "warning, someone is about to enter the evidence processing room. All evidence tampering must cease"?

KEY QUOTE
171 MR. BLASIER:

Objection. Argumentative, leading.

172 THE COURT:

Sustained. Rephrase the question.

173 MR. GOLDBERG:

Mr. Matheson, is there any kind of mechanical device or any other device that warns someone in the evidence processing room of another criminalist who's about to enter the room?

174 MR. MATHESON:

When you hold your card up to the wall, it allows entry by unlocking the door for you, and because these are steel-framed doors, the latch sound is quite loud, and then you push the handle down and walk into the room.

KEY QUOTE
175 MR. GOLDBERG:

So the actual activity of badging in is simultaneous to this noise that you're talking about; is that correct?

176 MR. MATHESON:

Well, within a second or two, yes.

177 MR. GOLDBERG:

So wouldn't you say, Mr. Matheson, that it would have been nearly impossible for someone to have had the degree of privacy that would have been required in order to have tampered with any evidence?

178 THE COURT:

All right. Counsel, that's--

179 MR. BLASIER:

Objection.

180 MR. GOLDBERG:

Okay. Thank you, your Honor.

181 THE COURT:

All right.

182 MR. GOLDBERG:

Now, with respect to the people that entered this room between the two time frames that we've been focusing on, are all of those trusted employees of the Scientific Investigation Division?

183 MR. BLASIER:

Objection.

184 THE COURT:

Overruled.

185 MR. MATHESON:

Yes, they are.

186 MR. GOLDBERG:

And is that true of all the individuals that are contained on this document?

187 MR. MATHESON:

Yes.

188 MR. GOLDBERG:

Now, in the years that you've worked in the laboratory--well, I guess piper tech has been around for how many years?

189 MR. MATHESON:

Oh, I believe we've been there about four years, four and a half years, something like that.

190 MR. GOLDBERG:

In that entire time, have you ever come across a situation where you found a police officer to have somehow gained unauthorized, unsupervised access into the lab?

191 MR. BLASIER:

Objection. No foundation, irrelevant.

192 THE COURT:

Overruled.

193 MR. MATHESON:

No, I have not.

194 MR. GOLDBERG:

Or a civilian?

195 MR. MATHESON:

No, I have not.

196 MR. GOLDBERG:

Now, at any time, sir, did you ever learn that there was anyone who worked at the Scientific Investigations Division that held or expressed any animosity towards the Defendant?

197 MR. MATHESON:

I have not heard anything like that, no.

198 MR. GOLDBERG:

Have you ever heard anything like that from Dennis Fung or Andrea Mazzola?

199 MR. BLASIER:

Objection. Calls for hearsay.

200 THE COURT:

Sustained.

201 MR. GOLDBERG:

Sir, when you were watching some of the proceedings in this case, did you in fact see any news footage of Mr. Fung shaking the hands and hugging members of the Defense team?

202 MR. BLASIER:

Objection. Your Honor.

203 THE COURT:

Sustained. Sustained.

204 MR. BLASIER:

Your Honor, I would ask that the jury be admonished to disregard that question.

205 THE COURT:

Nope.

206 MR. GOLDBERG:

Have you ever seen--

207 THE COURT:

Wait a minute. Let me see counsel here over at the sidebar with the reporter.

Temperature

procedural

Key Quotes (5)

Gregory Matheson
No, there's no information--no activity indicated.
Confirms the card access log shows zero entries into the evidence processing room between when Fung and Mazzola left on the night of June 13 and when Matheson arrived at 6:03 AM on June 14 — the window the defense suggested tampering could have occurred.
Gregory Matheson
When you hold your card up to the wall, it allows entry by unlocking the door for you, and because these are steel-framed doors, the latch sound is quite loud, and then you push the handle down and walk into the room.
Establishes that anyone in the evidence room would have immediate audible warning of another person entering, undermining the concept of private evidence tampering.
Gregory Matheson
No, there wouldn't be. [to both questions about computerized and written records locating unlogged evidence]
Counter-intuitively argues that the gap in logging between June 13-16 made evidence *harder* to find and tamper with, not easier.
Lance A. Ito
Nope.
Ito's one-word refusal to admonish the jury after the defense objected to Goldberg's question about Fung hugging defense team members — a rare terse ruling that cut off both sides.
Hank Goldberg
Is there any kind of a mechanical device or any other device in the evidence processing room that would warn someone in the evidence processing room that someone was approaching and about to enter, maybe a device that might yell out, 'warning, someone is about to enter the evidence processing room. All evidence tampering must cease'?
Goldberg's sarcastic overreach — sustained as argumentative and leading, but illustrates the prosecution's frustration with having to disprove an elaborate conspiracy theory.

Evidence (3)

People's 206
Photograph labeled 'card key entry' showing the door system at the SID Piper Tech facility
referenced to establish card access system exists
People's 226
Card access log printout showing all badge entries into the evidence processing room, with timestamps and employee names
newly marked and introduced; displayed on ELMO; used to walk through every authorized entry June 13-14
Informal
Serology item description note documenting Yamauchi's sampling activity including item sketches and timestamps showing approximately 10:00 AM start on June 14
shown to witness to refresh recollection; authenticated as business record; used to establish Yamauchi began sampling at 10 AM

Notable Exchanges (3)

Hank GoldbergGregory MathesonRobert Blasier
Extended sequence walking through the card access log page by page, counting each authorized entry by Matheson (6), Mazzola (5), Fung (4), and Yamauchi (3+2) between 6:03 and 9:59 AM on June 14 — establishing continuous authorized presence in the room.
methodical
Hank GoldbergLance A. Ito
Goldberg asks whether it would have been 'nearly impossible for someone to have had the degree of privacy that would have been required in order to have tampered with any evidence' — Ito cuts him off mid-question with 'All right. Counsel, that's--' before it could be answered.
strategic overreach
Hank GoldbergRobert BlasierLance A. Ito
Goldberg asks Matheson if he saw news footage of Fung 'shaking the hands and hugging members of the Defense team.' Blasier objects, it's sustained, Blasier asks for jury admonishment, and Ito responds with a flat 'Nope.' The proceeding then breaks for sidebar.
provocative

Light Moments (2)

Hank Goldberg
Goldberg's elaborate hypothetical about a 'mechanical device' that 'might yell out, warning, someone is about to enter the evidence processing room. All evidence tampering must cease' — drawing a sustained objection for being argumentative.
Lance A. Ito
Ito's single-word 'Nope.' in response to the defense's request to admonish the jury after Goldberg's Fung-hugging question.

Credibility Attacks (1)

⚔ LAPD SID evidence processing (institution)
bias/motive rebuttal
Goldberg asks Matheson whether any SID employee ever expressed animosity toward Simpson — Matheson says no — attempting to rebut any conspiracy motive for evidence planting.

Witness Demeanor

(The witness complies.) [reviewing People's 226]
Witness asks clarifying question 'From the outside?' when asked to trace the route to the evidence processing room
Witness asks 'Me personally?' when asked about off-hours computer access — suggests precision and carefulness in answering

Objections

16 objections (10 sustained, 6 overruled)
Proceeding 5917 • 207 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 MAY 4, 1995 📄 Redirect examination of Gregor
MAY 4, 1995 KRT DvH TD