e e e e e e e e e e e e e e e e e able to follow the instructions and reframe from discussing this case with anyone since we left here last week everyone said yes and noted affirmatively were you also able to follow the instructions and refrain from doing any independent research or investigation into this everyone said yes and noed affirmatively did anyone happen to see hear or read anything about this case since we were lastone now jurors before we start I do want to give you that instruction again on what is evidence so in considering the testimony of any witness remember that the questions that are asked are not evidence only the answers which are really the only part of the exchange between the lawyers and the witnesses that are under oath um are evidence so so if a witness is asked isn't it true that after you learned that your uncle left you money in his will you poisoned him and the witness answers no then based solely on that question and answer there's no evidence that the witness has an uncle that the uncle had a will that the uncle left the witness money that the witness knew that the uncle left the witness money or that the witness poisoned him so keep that in mind for reference when you're listening to testimony all right Mr L who's your first witness the call uh excuse me the Comm off would call Lieutenant Kevin o' Hara to the stand okay with the the court and jury the case never the truth the whole truth and nothing but the truth so help I do good morning forgive me Arnold anytime you're ready thank uh good morning sir morning sir could you uh please St your name it's by your last name Kevin O'Hara o h a r a and how many EMP um a lieutenant with the massachusett state police and how long in total have you been a number of the State Police just over 22 years and how long have you held the rank of Lieutenant four and a half years and what is your current assignment with I'm the team Commander for the State Police Special Emergency Response Team which is also known as C and the C team within the state approximately how many members of that unit are we have 61 team members four of which are full-time including myself the other 57 have other primary Duty assignments and S is an additional duty for them now generally speaking what are sort of the duties and responsibilities searchin State uh is the primary search and Rescue Team for the State Police we conduct loss missing person searches evidence searches we do security or crowd control at Large Scale events such as the 4th of July the bosson marathon Gillette Stadium dignitary security and how long has it been how long have you been signed that since 2014 now were you working with that unit on January 29th 2012 uh yes I was Sir and at some point in the afternoon on that day contacted by Lieutenant Brian uh yes at 2:32 p.m Lieutenant Tully gave me a phone call now as far as Lieutenant Tully is concerned were you familiar with him were you familiar with what un supervises uh yes I know he's the supervisor for the nor fork County state police detective unit if you could describe to the jury um for the process uh by which your particular Union is activated is that instaneous thing or how does that normally we'll receive a courtesy phone call which is what I received from Lieutenant Tully seeing if we were available if this was we had members that could respond today for an incident he had ongoing I told him we would be available he then has to submit a a request through his chain of command which is the division of Investigative Services I also have to submit a request up my chain of command which is through Field Services to get approval on my end has to be approved by the Special Operations Commander which is a major and depending on the request it may even go above his level to the lieutenant colonel who is in charge of the division of field services so that initial call that you receiv received about 232 in the afternoon how would you how would you characterize that that personal again I say it was more of a courtesy notification just make sure we weren't on another assignment that we had members who could respond that day obviously there was uh the weather issue that day making sure members could respond to the scene and the weather isue that day what kind of weather is uh was a blizzard I think most areas that Reed between 18 to 20 inches of snow and as far as that initial Fall problems with Lieutenant as far as what was describ to you as far as the the situation that you responding to or what if anything say he said they were conducting a death investigation on the town of Canton and he was looking for C assistance with an Evidence search and how did you respond to that request that on that add I told them we would would have members that would be able to respond and that I would start working on the approval process looking out my own window I had been outside my house that day I had large snow drifts at the end of my driveway I told them building a roster and having members clear their driveway at least an hour plus on a response time and following that initial conversation at Point yeah that's positive if he called me or if I called him I think after I cleared my driveway I spoke to my captain just to make sure see what the status was on the approval process on our end he said we were cleared on our end so either Lieutenant Tully called me or I may have called him because I was getting nervous then now that my driveway was clear that the town plow was going to come back and bu the end of my driveway again so I'm not sure who called who but I called him and told him we were cleared through the division of field services he also told me that we were cleared on his end uh the approval requests have been approved and do you know approximately what time of day it was you had that second conversation with it's probably about quarter or four because we sent out an alert to our team at 3:48 telling them that we were authorized to respond to Canon and as far as your team was concerned speak a bit about sort of that that proc as far as response respond and how you able to so certain is broken up uh we're geographically dispersed across the state so we have an East team West team I had reached out to a supervisor from the West team someone I knew who I wouldn't request to drive that far in the snowy conditions to set up a roster for us so he sent out an alert to the team at 253 uh requesting an availability list I told him to just confirm that the people respond either had a a truck or some kind of four-wheel drive vehicle to respond and where were was it that you were told where did you eventually resp uh Lieutenant Tully told us that we were going to 34 Fairview Road in Canton and from the time that you cleared your driveway secured response from your higher ups oh what time was it that you left how long did it take you to get from from your home to well like I said uh the alert went out authorizing the team to start responding at 348 I got the exact address via text from Lieutenant tul at 410 we sent out another alert message at 417 just reminding people to bring shovels brooms rakes Etc I left my house at 4:13 in the afternoon and I got on scene at 456 so it took me 43 minutes to drive there and from your house to to that location we can about how absent s of weather how long that probably 20 minutes sir and when you respond um how many other members of the unit were able to respond uh initially we dispatched eight members including myself only seven of us made it to the scene one of the members could not get off his street is the end of his street had been plowed in by his town and he had called his town DPW to try to get some assistance but he was not able to make it to the scene so we only had seven again after we initially started eight which did kind of shift some of the Dynamics of how we ran the search on scene and um when you first arrived on scene think anyone elseed your arrival just one other trooper from Ser Trooper Jay bus was on scene I believe he arrived two minutes prior to to my arrival could you say that name again and spell it for us yes sir it's Trooper Jason bus it's ba excuse me b e a u s o l e i l thank you you're welcome and lieuten when you arrived on scene um where did you park in relation to the house and where was Rel uh Cher boost was just past the driveway of the house so just north of the driveway I parked almost at the end of the driveway of 34 Fairview you recall um at some point your your attention was directed to an area with high fire that uh yes sir and you recall which direction of your vehicle's vehicle were facing when you park in that area driveway we're facing away from the flag pole originally eventually we moved uh T his vehicle back towards the flag pole just we wanted some extra headlights to light up the scene the area we would be working in now tell on scene when you arriv uh he was not and at some point did you reach out to him yes I gave him a call he stated he was just leaving Canton PD would be on scene in about five minutes that was probably around 5 o'clock now as far as uh the house that you were pared in front of and as far as the residence on that street with anyone else as far as neighbors or anything like that or from the house that you see outside of the house at any point in time uh we didn't see anyone outside the houses uh resident of 34 Fair viiew exited briefly after we were first on scene that was the only person we saw and ex came down you were no he was if you look at the house there's you consider two front doors one on the one closer to the garage which would maybe be a mud room or a den uh adult male exited from that door and a hooded sweatshirt on he asked us if we were here for what had happened earlier we said yes and he walked back inside the house now as far as the mentioned a bit about the the snow as far as the roadway conditions the area where you what if anything did you know observe in regard to roadway and how it been treated the plow really only cleared the center of the road there was a good 3 to four foot snow drift coming off each side of the road so maybe enough for two vehicles to pass but not cleared uh excuse me cleared curb to curb and as far as Lieutenant to ring on SC around SP um at some point did he what if anything where where did direct he had in uh instructed us at the death investigation involved a motor vehicle he told us where the motor vehicle was believed to have been parked and one to search from that area south towards the flag pole fire hydrant now as far as this type of search was you what any experience did you have doing this type of search blizzards we've really never done evidence searches like this we've done missing person searches we've gone out to but for evidence searches nothing like this something if a scene could be secured we really wouldn't respond in a situation like this unless we really needed to now as far as the the search that your team does if you could um it typical or not typical as far as um conducting a search of an area that had already been gone over by another agency or or by someone else St yeah we're a stage two response so pretty much every search we've ever done has been previously searched we're never really the first persons to search an area and can you describe sort of I guess sort of the difference between what you do as far as searching is concerned and and sort of looking or making observations things that I think our training is a lot different than maybe the regular patrolman or Trooper responding there's not much training provided anymore in the acmy so we do extensive training through a lot of the search and rescue groups that we're a part of which would be the National Association for search and rescue which is Nar we do search and rescue initial actions we do line searching managing lost person incidents we do multiple trainings a month with a team which is different than what other Personnel would get I think traditionally looking back to even my time before I was a member of C the search would be you go this way I'll go that way there was really no methodical approach to the search and as far as your training is concerned as it relates to this particular what what if any sort of methodical approach youel or what what did you employ in this we gritted off or marked off the area Lieutenant Tully thought would be the best area for us to search so we had a starting point and an endp Point once all the members got on scene we set up a line search or what we call a grid search which again would just be a slow methodical search with all of us working in unison moving through the area about how big an area was it that you s set out to was just over 50 ft I believe from the front door which is the left door looking at the house from the street to the fire hydrant I believe it was 59 ft was that length or that is length and as far as the width of the area that you searching about what area it's about 3 to four feet was the snow drift coming off the curb now as far as the information that you received prior to conducting search when there any items that were specifically identified as as far as items that you might be looking for or what if anything was in relation yeah Lieutenant T had informed us that the victim in this case was struck by a vehicle he believed there would be broken pieces of tail light in the area he also stated the victim was missing his sneaker so he asked us to search for both both of those items sir at some point um did you ask in tend tell me any questions about vehicle in question or or anything in relation to that after we found a one or two of the pieces of the tail light I asked him if he knew how big of how much damage was to the tail light or if he had a photo that we could get of the tail light and what if anything did he tell he told us at that time the vehicle was being towed back to Canton PD so he did not have a photo to show us and at any point did he make any reference to coming along with the he said uh sergeant buenik and Trooper Proctor were following the vehicle back to Canton PD he mentioned um an alert that was sent out to Troopers as far as to bring certain items can you describe for the jury sort of the process what kind of tools or implements you use in sort of how that that so like I said we moved Trooper bu's vehicle to face the scene to give us some EXT uses headlights for extra lighting for the scene all the team members also put on a a headlamp which would basically just be like a hiking headlamp we had all had shovels we had a couple of rakes the smaller Garden rakes just to kind of help us sift through the snow and I also had a small push broom to move the snow around as well you mention sort of headl moving the vehicle as far as the headlight the area that searching the visibility lighting conditions around that area that time it was poor lighting there really wasn't much as far as what we felt off for Street lighting but with the headlamps we had decent visibility when you first arrived I see about 453 p.m or so was yes it was remain while yes sir and in the area that you were looking uh your testimony there wasn't much overhead vamb lighting or Street Lighting in that area uh nothing that really helped the search so area that you were searching was in the area of the fire is that correct we started almost directly across from the front door and moved South towards Chapman Street towards the fire hydrant and clear as far as the area that you were searching with shovels and the other different implements snow um where was your focus as far as the street versus the the front our right flank was on the curb and then we moved out across the street from there so we were lined almost shoulder Tosh shoulder as we move down as we move South through the area we were searching you're primarily searching our entirely searching along the roadway is that correct correct sir and as far as some point did you the course of shoveling removal of s from that area approach come in contact with the area grass we did as uh one of the members who was working along the curb he he did started to clear some of the grass on the front lawn yes sir what if any issues that you out there when you got grass was very difficult to clear the snow I don't think we had very good visibility on what what we were moving even with the push broom and the rake was very difficult to definitively say we we' cleared the lawn properly so we didn't Focus too much of our efforts on that area we referenc that um the seven members of your unit were able to respond because L of that stuck in street is that correct correct sir and that had some impact as far as documentation is that correct correct normally on a search if I'm the overall as a team leader I would run what you consider a command post or be the instant Commander for C I would stay behind the line and kind of document our efforts but because this was such a small search area it wasn't really an issue because I we weren't breaking people off into teams no one was out of my sight line and we had multiple detectives on scene that were able to fill that role for me and so to that point as far as um the seven members from your unit in addition to seven members from your anyone else believe there was five other members believe there were only two that I recognized from the state police so I'm not sure who the other three they were Canton detectives or C patrolman but they were all addressed in C you know pling clothes and as far as documentation the scene what if done as we began to find evidence I spoke to Lieutenant Tully and just confirmed that he was going to document everything we were recovering via photograph and evidence log as far as documented photos taken by Lieutenant yes they were sir and the items that were photographed were they photographed prior to anyone touching them or moving them or placing them other than correct as soon as we found anything deemed as evidence we stopped our search efforts until they were documented by Lieutenant Tully and in reference to your search efforts what a p thing of evid value did you and your team I found multiple pieces of red and clear tail light and where were they Rel to sort of the G the area that you they were on the street in between between the flag pole and the fire hydrant and sir in addition to the pieces of redar plastic um you know approximately how many pieces of that were able to loc on that I believe maybe six or seven pieces and how big or how smaller they range in size as far as pieces there was three larger pieces to red one clear and then a couple of smaller pieces in addition to the pieces of red clear process what if any other it uh we found a sneaker and where was that sneaker located in reference to in reference to scene your search efforts and reference to Pieces clear red plas it was same location generally it was in between the flag pole and the fire hydrant the sneaker was flush up against the curb and it was upside down I think we had found one piece of tail light prior to the sneaker and then after we found the sneaker we found a couple few more additional pieces of tail light now with reference to the sneaker and each of those pieces of red and clear Plastics where were they in relation to snow that was being G through buy that where were they in relation to can you repeat the end of that sir with reference to each of the items talking about be sneaker or the red and clear PL um where were they in relation to snow that you were Le into where were they relation as U close to the curb as we started digging originally the snow drift the snow packed was pretty solid from where the plow had kind of cleared to so once we were able to move through that we started getting into fresh undisturbed snow started moving through that which is a lot easier to move at that point and all the items we found were close to to the curb and so my question also s is sort of how deep within was each of those they were all found at ground level and as far as the area that you were searching um Beyond show drifts and plowing towards the middle of the road how would you characterize that S as obering Footprints TR or anything in that area where you no we did not see anything so like I said it was all all fresh on the Ser snow once we got past where the uh plow had cleared up to now as far as this search being conducted physically is this is you mentioned there's some sort of line that's set up is that correct correct can you describe to the jury sort of how that line was set up um what were the different functions in different parts of the line and where so like I st that we had a we consider our right flank stood on the curb closest to the house and then we moved left into the street as we dug the snow out was originally inspected as they would pull their shovel out make sure they didn't have anything in their shovel to the best of their ability then they would bring it out to the street I was the Left Flank they would dump it in the street and I would sift through it at end just to make sure there was no evidence that had come out to the street once I was positive nothing was in that snow I would toss it onto the other side of the street and we just continued that process as we moved South through that grid and the depth of the snow that you were digging through how did that change or how was that any different from section where the plow had touched you know clear too would say that was probably about a 3 plus foot in height but as we moved into the snow itself getting closer to the curb that was in level with the rest of the area what was on the front lawn which was on the neighbor's lawn so probably eight maybe 18 inches of snow sir as far as this surface was concerned about how long a period of time um was it you were on scene as far as searching and how long process we after Lieutenant Tully showed up kind of informed us where we were going to search we moved Trooper bu's vehicle at 520 and that's when the rest of the team started to show up right around 521 524 couple other members with extended response time showed up a little bit after that but all members were on scene by 541 we had already started the process before they had all arrived on scene and we were complete by 6:15 we started to wrap up and clear the area as far as the wrapping up how was that decision arrived at what what L to that decision so after we found the sneaker and a couple additional pieces of tail light we' moov South for I'd say over 5et maybe closer to 8 to 10 ft without finding any other pieces of evidence so uh lieutenant and I had a conversation he was very satisfied that we had found everything we were going to locate at that time and we decided to suspend the search and what was um as far as you were concerned with weather conditions and everything that g on that what was of your thought process in relation to any sort ofation start I told Lieutenant Tully we'll do a a debrief at the end we'll go over probability of detection how I feel whether we would have found everything that was there I told him that there was a good chance we did not find everything I said if you wanted us to come back in the daylight which give us better lighting to search or after a couple days the weather was supposed to warm up if you wanted us to come back after there was some snow melt just to reach out to me and we would come back and as far as um suspending the search at that point was that something that was your decision independent of no that was in consultation with Lieutenant FY you mentioned uhan proor you received information that they were following a vehicle to the station is that correct correct sir at any point in time that you were on scene did you you know either Sergeant mechanic or you uh yes I know both of them sir and at any point in time that you were on the no they were not on scene so the other sort of Troopers that you mentioned around they were not correct they were not there no sir now as far as the securing of evidence how was that done generally speaking in relation to UMES that your unit conducts and how was done so we don't recover evidence we'll we'll stop and halt our search sometimes we we've been waiting for Crime Scene to show up for 2 hours before we've continued to search so once we found the first pet of tail light again I conferred with the ten aul asked him if he was documenting it and recovering everything he said stay that he was once he once we felt comfortable that he had done that properly we then continue the search so once you get sort of that initial parameters as far as where and what you may be looking for liening your search efforts he is not no is that as far as how search will be conducted correct yes yeah they let me run the search the way I I deem best so in addition to photographs what if anything else was done to the document we had one of our members use a handheld GPS we use a Garmin 64st and he marked each item we found which we then can upload later to a map which we did later that evening if you could just describe some during that process as far as mapping is concerned how glob positioning system or GPS is utilized in creating that correct so the Garin GPS we use it connects to four different satellites to give you a best range of your location there obviously is some range area involved with GPS's but he was able to stamp three of the items or three pieces of the tail light but as he was marking those items on his GPS they kept because they were in such close proximity they were almost marking directly on top of each other so he only marked three of them because it was just going to clutter the map as we continued if you were to mark all the pieces we located so with respect to the three pieces of tail like were that were marked on the excuse me those the larger pieces smaller pieces or they were the larger pieces sir yes [Music] for for sir I'm showing you series of 24 briefly um just I'm going to ask you in a moment if you recognize do you recognize uh what's in those photographs sir uh yes sir it's the uh area we searched and some of the evidence we that we recovered Comal to seek to introduce and Adit the next exhibits any objection Mr T no objection thank you thank you sir Mark all right oh I'm sorry she needs to have attention for this for for Jimmy that's for for I have3 Jes it's very important that we keep our record straight it will be important for you during the deliberations that we do this sometimes it takes a while we're fortunate we've got such a great court reporter here to take care of this for us but sometimes it takes a while um I caution councel that maybe you can all work together so that we don't do this um take up any extra time all right do you need those photos back Mr L all right e e thank you poission may iish Mark yes apprach Witness yes okay thank you lieuten lieuten what you have up on the screen before you is that what you have 034 I'm sorry one hold on might be backwards here yes 111 sir and if you could um describe to the jury anding that laser point what if anything sign this is the flag pole in front of the house as you move South this appears to be one of the pieces of tail light that we recovered back out a little now as far as when you're conducting the search and when the actual searching process is what was the weather doing while you were doing yes because of the air conditioning so you need to speak up really loudly if you don't have a microphone in front of you and so liutenant during the course of of the process that you're conducting this search what was weather doing and is that something that you can observe in this uh it was still snowing and you can see some of the snowflakes falling here by the flag pole as far as the wind was concerned what impact the wind have on course SE it was windy but it really didn't impact how how we were searching through the area sir if I can direct your attention to the next photograph okay what's up on the screen is that what you have before you uh yes it is sort of a different perspective of the same area that you were talking about in the last photograph is that correct correct I have the next photograph 113 again what's up on the screen is that what happen for you at 113 uh yes it is and again sort of a closer perspective to the P light that you were referring to is that correct correct okay you really have to speak up again lieutenant what's up on the screen is that what you have before you yes it is again a closer up image of that same piece of tail light as it was observed when you covered it correct and you can see right here to the left of the tail light that is the molding of a shovel so this piece of tail light was picked up by one of the team members shovels and as they overturned it you can see the tail light came up as they were searching through the area this is kind of the markings of the shovel itself yeah so we're going to have to turn the air conditioning off for this we can't hear you at all the issue is I'm trying to move away from understand so we need to turn the air conditioning off so that we can hear you yes [Music] please and again lieutenant what's up on the screen is that what you have before you as the next yes it is you could describe the jury what we're looking at you see the piece of tail light that we recovered and again this is kind of the overturned snow from the shovel and again seeing the markings from the shovel from where it was overturned and the next photograph is this particular piece is this one of the larger or is this one of the smaller pieces that you were describing earlier in this is one of the larger pieces sir and uh as far as length of size of it if you know how how much would you estimate it how big it I guess a couple of inches but I didn't measure it sir and if I have the next photog and Lieutenant if you could um describe to the jury sort of what is is deped or what if anything significant observe this so this is the CT members working through the area again working on a as a line through the grid formation one of the things we stress is your critical separation making sure you're close enough to each other that you won't miss a piece of evidence if you're too far apart you will miss that that a lot of times before searches we will take an item of similar the similar size item that we're looking for and we'll space out because this was such a condensed search area we just had the team members stand almost shoulder toosh shoulder as they they search through the area and the next photograph is and again so if you could describe the jury sort of what what we're looking at or what anything significant if you're observe this May a little difficult to see from a distance but right here this is the uh sneaker that we [Music] recovered and as far as the Airing of the curving that you indicated that the sneaker was recovering in relation to where where is that it's flush up against the curb I'm sorry I apologize sir right here this would be the curbing right here the next autograph is is there similar as far as this photograph is concerned what things you Ober that photograph it's a closer photo of the sneaker sneakers in the bottom right down here next photograph again what if anything we looking at in this Photograph again you're looking at the sneaker this is just a closer zoomed in photo and this would be the curbing right here and sneaker has will trade in this particular photograph is that as it was when it was recovered uh yes sir next photograph is the other side of that is that corre correct sir is that sort of relation to the curve that you were describing earlier in your testim uh yes sir you see the curbing right here nextra now as far as the sneaker was concerned when I cover where was the snow in relation to was it on around in where was the snow in relation the sneaker was completely buried it wasn't until we started digging through the snow that we found the sneaker next and this is how it was discovered is that correct correct sir how appeared when it was discovered yes sir and sir in this Photograph if you could using the laser pointer um draw the jury's attention to what of significance this is at 125 is the photo I have in front of me this would be might be difficult for them to see but this is a clear piece of the tail light right here next and again so what is depicted in theid 1.6 see a little closer zoomed in version of the clear piece of tail light that was recovered as far as what the area of snow surrounding is that the depth at which that piece of clear plastic tail light was discovered correct sir next 127 anything we looking at in this one a different angle of the piece of clear tail light that was recovered the next photograph ex 128 if you could describe to the jury what is it's difficult to see but there's a piece of clear tail light right here I can see with the photo in front of me but I'm not sure if the jurors can see it from that distance but there is a clear piece of tail light in this location 129 if you could jury anything again there's a piece of clear tail light right in this location different piece of tail light than one you were ref toly uh yes sir 13 what if anything what are we looking at again there's a piece of clear tail light again might be difficult from the distance for the jurors but it's in this location here next1 what if anything is depicted in there's a larger piece of red tail light located on the ground in this location and next exibit 132 what thing are we looking at in 13 it's a closer photo the same piece of tail light right here located on the ground [Applause] 133 what if anything ised we there's a small piece of tail light I believe in this location right here it's a small piece of tail light right on the ground right here in this location yes [Music] [Music] look at those and look up what's that sir do you recognize those uh yes I do sir what do you recognize those this is the mapping system we use to map evidence we recover and those diagrams created pursuant to that mapping system uh yes they are what's contained in those diagrams is that a faag betrayal where items were covered in relation to various markers on scene at 34 Fairview on January 29th in the afternoon yeah the marks showing on the map they're a little offset but that falls in the range of error with the handheld GPS's may approach again yes no objection to the mous all right thank you thank you thank you and your honor with the court permission may I publish those one in each succession to the jury yes now Lieutenant oh would you have before you the first diagram 135 is that what's up on the screen uh yes it is Sir you mentioned something earlier in your testimony just now in regard to sort of items being found in close proximity creating some overlay with the GPS system is that correct correct sir and you mentioned a range of error is that correct correct sir describe what the range of error is and and how that impacts uh for how it's depicted in this this particular di so for GPS's typical range of eror on a clear day is up to 16 feet obviously we didn't have a clear day we had atmospheric conditions cloudy snowy conditions GPS's can be affected for the range accuracy by a few different things one is the satellite geometry as I said before the GPS is connect to four different satellites you also could have signal blockage blockage could occur from trees buildings Bridges then you have atmospheric conditions like I mentioned and then you have the receiver end any issues with your receiver end which is actually the handheld GPS those will be the four four main issues and why you may have a little offset on your GPS readings but again typically under clear sky conditions would be up to 16 ft and so using the laser pointer if you could direct the jury's attention to what any sort of significant markers or or what marks back I've listed as the command post which is where my vehicle was parked we have the address which is the house 34 Fair View then as you move further south you'll see the first red plastic that we recovered which again was a larger piece of red plastic kind of stamped on top of each other but you'll see the sneaker you'll see a second red piece of plastic and you'll see the fire hydrant all marked on the map thank you m if I could have the next diagram please hey guys so what's up on the screen is that what you have before you 136 uh yes it is and again if you can describe to the jur sort of what we're looking at in this diagram or or what if anything is different between 136 and 135 we just changed the layering on the map just to make it a little easier to read so we remove the tail light pieces and now we just have the sneaker and the fire hydrant listed on the map here and that area as far as you were talking um sort of the the concentration of search was in the area of flag hole and the fire hydron is that correct correct sir again we started closer to the almost directly across from the front door the evidence recovery all happen between the flag pole and the fire hydrant and if you could or if it's possible on this diagram that you have up on the screen could you using the laser point direct the jury's attention to where the and where the items of evidence were located uh search would have begun right in this area and as we move South we started finding pieces of evidence right around here and then the area that you went um about five or somewhere between to 10 ft is that the testimony Beyond when you started to not find any more items of evid value was that correct correct we had gone past the fire hydrant had hadn't found any other pieces of evidence for it's probably closer to 8 to 10 feet and that's when we suspended the search so just using that laser point we could Rec attention to that 8 to 10t in which direction was from from the it heading south towards Chapman Street so down in this location would be where we stopped thank may approach this retrieve yes now sir at any point in time that you were on scene are were you able to um look at or see any sort of um photographs or any uh images of the damage to the tail light uh no I was not so fair to say that at the time that you're conducting your search on that particular afternoon you weren't aware of how much tail light could be there or how much you might be looking for correct correct we did not know how how much damage there was now so you talked a little bit about uh well let me ask you this as far as from your training experience in relation to conducting these types of searches are you familiar with a term known as pod correct so there'll be probability of detection and uh I believe you've referenced earlier in your testimony some variables that go into that uh terminology is that correct correct and can you describe us to the jury sort of what some of those variables are and and how it related to this particular SE so probability of detection it winds up turning into a mathematical formula to make it simpler give us more of a baseline objective on how how well we did search in the area covers 10 different categories we'll rate those categories 1 through 10 on how we feel we did and kind of come up with a score to give just a Bas line on what we think percentage wise we would have found the the objects we're looking for those categories would include the terrain any H as number one hazards would be two lighting would be three weather would be four vegetation would be five which in this case would have been some of the grass we encountered as we got on the front lawn as you continue on would be your space which again is how the team members are separated as we're searching through the area the tactics you're using the area size then the team composition and then the last one is Instinct and variables and really the last two I think is what works best for us what stands out most about our team is your team composition and the instincts just for the experience we have in searching so was it those variables that sort of led to the conclusion u in conjunction yourself and Lieutenant Telly as far as to uh cease searching at that particular point after you gone 8 to 10 ft south of of the the evidentiary items without locating any of any other evidentiary item correct sir I have no further questions for this witness thank you sir all right Closs examination thank you sir good morning Lieutenant morning sir sir so you will agree with me that uh it was Lieutenant Brian Tully who first called you at 232 p.m. to ask that your team come out for an Evidence search that's correct sir and you knew at that time that Lieutenant Tully was uh the well he was in charge of the norfor county state police detectives unit correct correct sir ATT to the nor County DA's office correct correct sir and you also knew uh Trooper Michael Proctor at that time I knew who he is yes sir and you knew that uh Trooper Michael Proctor was in the same unit as Lieutenant Tully correct I don't know if I knew he was assigned to that office I'm not sure sure where he was assigned sir you've since found out that he is correct sir now you told Lieutenant Tully during that phone call at 2:32 p.m. that you would make your team available that day correct yes sir uh but at that point in time uh Lieutenant Tully specifically held you up right because he didn't have authorization yet jaction is that true it's not okay uh he told you that he did not have the green light correct he had not requested official uh response from Sir at that time so you were not authorized to respond at that time correct no we NE neither one of us are allowed to dispatch my team we have to send up formal requests to get authorization to respond all right now uh by 2:32 p.m. on January 29th when you first spoke to Lieutenant Tully snow had been falling consistently in Canton since the early hours correct the early morning hours I would assume so yes sir wasn't my house I'm sorry it was at my house I would assume so yes sir but you lived in Massachusetts at that time correct yes I did Sir and you weren't hours away when you were contacted by Lieutenant Tully correct I was not no all right uh now you were aware that uh John O's body was found on Brian Albert's lawn at 6:03 that morning believe when I spoke to Lieutenant Tully he told me around 6:30 okay uh well let's go with 6:30 then uh so when you received the call from Lieutenant Tully snow would have been accumulated from 6:00 a.m. I'm sorry 6:30 a.m. approximately to approximately 2:38 p.m. correct yes sir and so snow had been accumulating at that point when you first got the call for about 8 hours after the body was found correct correct sir now before you conduct a search is it important for you to know in general terms the working theory of the police and the investigators in terms of what had happened at the scene it's not we're just I want as detailed information on what we're looking for as far as the investigation's concerned that's not interesting to not I'm not interested in that those exact specifics I just want to know where you would like us to search and what you need us to find right but in order to know what you are seeking to find uh you need to learn from the investigators what they believed happened that would leave that evidence correct correct sir he told us he we were looking for pieces of tail light from a vehicle all right you'd also want to know prior to getting to the scene who had access to the scene before you got there would you not I I did not need to know that information no sir and I did not ask that right is it important to maintain the Integrity of a crime scene before it's searched or processed sometimes but a lot of times when we're involved in Searchers we might not be out for days later if they' if search e effort have been exhausted and they don't think any evidence can be recovered we will go out the scenes that have been left unsecured for days on end sure no I I understand that but that wasn't my question my question was is it important to maintain the Integrity of a crime scene before search your process well you can leave it unattended if you don't believe it'll be disturbed or anything will be taken sir is it preferable to leave a crime scene unattended prior to searching it no I think they would have searched it before before we ared yes sir again I'm I'm going to ask if you would please just respond what my preference would be sir yes I'd prefer that it was secured okay that wasn't very difficult apologize jaction your H so no comments Miss tetti um at the time that Lieutenant Tully first called you were you aware that no one from law enforcement was controlling that crime soon objection iow it I was not aware that no sir were you aware at that time that no one had been controlling it for about 6 or seven hours before you were called I was not aware of that sir were you aware that the scene had been abandoned by the police and investigators at about 750 in the morning jaction I'll allow it I was not aware of that sir were you aware that the scene was left open to the public for hours before you were asked to search I was not aware of that all right in any case when you got there there was only one Trooper on scene and that was a trooper from your unit correct sir BOS a correct uh nobody else was guarding the crime scene at that point correct there was not um in fact at that point did you know where specifically on the property you were going to be searching I did not um and in your experience uh is it proper procedure in an investigation that requires a search uh for law enforcement to give up control of the area that will be searched it's not unusual for us to respond to scenes like that sir it happens but is it proper procedure sir to give up control of a area to be searched prior to the search if they don't think anything will be recovered in the meantime sir it's something we encounter all the time on our searches right so in this case uh is it your testimony then that the investigators didn't think that anything would be recovered jackon I'll sustain the objection all right well you recorded that there was a second alert regarding this case at 253 p.m. correct that that was the initial alert sir um well the initial well maybe we're getting at the semantics here but you were first notified at 2:32 p.m. by Lieutenant Tully correct that's him calling me the 253 alert is sent out to my full team okay that 253 alert is the second time that you're receiving information about this case right the first being 232 from Lieutenant t no that's not new information that's me taking the information I received from Lieutenant Tully and sending it out to the rest of my team they they were not aware of the the circumstances yet so so you were the one to send out that second alert or that alert the West team supervisor because I was going to start clearing my driveway so I reached out to a West team supervisor he sent out that alert and who was that that was then Sergeant now Lieutenant Simpson and the alert that Sergeant Simpson sent out was an instruction for members of your team to begin clearing off their Cruisers and their driveways to get ready to go correct that was an availability of alert to see who who would be available to respond and that they should begin clearing off their Cruisers and driveways correct yes so they would be able to respond right but your team was still not activated at that point correct correct in fact uh Sergeant Simpson explicitly wrote in that alert quote we do not have the green light yet end quote correct correct sir Sergeant Simpson at 2:53 p.m. in that alert actually typed it in twice that your team did not have the green light correct correct it's a voice generator response will normally duplicate the instruction so as I listen to it if they miss it the first time through they they can hopefully hear it clearly the second time through okay um and it was very clear that you didn't have the green light from that alert correct correct so we weren't authorized to respond yet okay now you stated that you were in Massachusetts at the time you were first contacted correct yes sir and how far were you from Canton uh normally would be about a 20-minute ride all right with the blizzard conditions however it took took you longer than that 43 minutes sir now the uh in the you're familiar with the CT administrative Journal extract the daily job Daily Journal sir yes yes sir um that recorded and when I say that I mean you called it the Daily Journal yes sir all right I'll call it the Daily Journal um that Daily Journal recorded the initial contact that you had with Lieutenant Tully at 2:32 p.m. correct uh yes that was entered into the Daily Journal and then the second entry was the 253 p.m alert that was sent out by Sergeant Simpson correct yeah I'm not sure if that's in the Daily Journal or not but that would be the alert sir um May I approach the witness please yes your I'd like to hand the witness this document and leave it there I have an extra copy I have no problem with him referring to it once youve had a chance to review that Lieutenant if you look up at me when you're done all set sir uh so you You' you'd agree with me that the 2:32 p.m. phone call with Lieutenant Tully is in the Daily Journal correct yes it is and the 253 p.m. alert uh by Sergeant Simpson is also in the journal correct yes it is both of those have a time stamp do they not they do sir what is the next entry on that journal says sir activated and route to Canton now there is no time entry next to that I'm sorry no time is entered next to that entry correct there is not no uh the previous alert said only to clear the vehicles and drive ways essentially right to check on availability uh correct sir um so the time that your team is alerted was entered in the journal but there is no time entered in this journal as to when you were dispatched correct correct sir but uh you have a memory of after that 253 p.m. alert sent out by sergeant Simpson that Lieutenant Tully called you back about an hour later uh it's not a memory sir our alert for the team to respond is time stamped at 3:48 p.m. okay and that that was Sergeant Simpson that recorded that correct correct sir um but that's not in the uh Daily Journal correct no that's in the health and Homeland alert Network which is our which records all our alerts that get sent out and that was time stamp at 348 348 okay now uh other than authorization that would have been obtained after the 253 p.m. alert um did you ever ascertain what else changed on the part of the Nori uh state police detective unit that allowed you now to have the green light once I reached out once I was done cleaning my driveway off which took a significant amount of time I spoke to my captain he said we approve moved on through our chain of command and that's when either I contacted Lieutenant Tully or he called called me he said he was approved through his chain of command to include the deputy superintendent who is authorizing a response okay so several layers of the chain of command that have to approve a response for numerous reasons Staffing reasons they know I'm going be pulling again I said some of my team members aren't full-time members some of them might have to pull off their assignments so if they're on patrol I'll I'll be shorting a barracks they take that into consideration overtime consideration safety consideration of now additional members driving through the weather to respond so that all gets discussed at levels above us all right um that answer applied to strictly issues regarding authorization on both ends correct uh yes sir all right you recall my question which was other than authorization did you learn what if anything had changed uh in that time period from 2:53 p.m. to 3:48 p.m. on the part of the Nori state police detectives unit no sir we just talked about the authorization process um so um some sometimes shortly before 4:00 you're talking about 3:48 being the alert authorizing you to depart um sometime before for sergeant Simpson informed your team to start heading to C and to report to you correct correct sir that meant that team members should basically stop what they're doing the ones who are going to be going get their gear ready suit up get in a car and start driving to Canton to meet up with you correct correct and we've already discussed that on this particular day with blizzard conditions and the roads as they existed um that would act obviously take more time than it would on a clear sunny day correct correct sir and I believe your uh estimation is maybe about a 20-minute Drive in good weather uh with good roads versus the 43 minutes that actually took you to get there correct correct now the seven members of your team who did show up were Bearden bosle carrier Louise O'Brien you and Viscardi correct correct sir uh you all arrive at about the same time sir no we had a pretty significant difference between arrival times okay uh is there a something called a Personnel status report that records arrival times sir no it doesn't record arrival times we just enter who responding we use our geotab which is our vehicle locator to determine arrival times um is it your Tony is it your testimony that the Personnel status report does not record the date and time that somebody arrived on scene no that's all manually entered sir um do you deny that the Personnel status report in this case recorded the date in time of each of those officers that I just mentioned uh who came on scene it has who arrived on scene yes sir um but it doesn't just say who arrived on scene the Personnel status report says when they arrived on scene correct yeah it's whenever they would have been entered into the system but that doesn't mean they were officially on scene yet but again that's not what the document says right it doesn't say uh we're entering this into the system because they're arriving the document says on scene and it gives a date and time does it not yes it does sir all right now your testimony is oh and by the way the Personnel status report you'd agree with me has everybody except for you and Boose showing up at 5 p.m. on January 29th of 2022 does it not yes it does sir and it has you and bosay showing up 5 minutes before that at 4:55 p.m. on January 29th correct correct uh but it's your testimony that when you got there it was just you and BOS correct correct sir which actually would be consistent with the Personnel status report right yes sir because that has you two showing up first as well right yes sir uh and then your testimony is that uh other members didn't show up until between 520 and 52 4 p.m. uh Trooper Bearden arrived at 521 Sergeant Louis and Sergeant O'Brien arrived at 524 Trooper Viscardi showed up at 534 Sergeant carrier showed up at 541 okay and so the last member of your team uh which is uh again carrier carrier corrects sir 541 he showed up at 541 and now your team was all there correct yes sir um so is it your testimony that uh you did not meet up as a team somewhere and head to 34 Fairview you all arrived individually that's correct sir uh did every single Trooper who arrived have their own Cruiser uh yes I did Sir all right now you would agree with me that when Lieutenant Tully first contacted you at 2:32 p.m. it was still daytime correct yes it was so it it was light out correct yes sir uh you'd agree with me that at at around 5:00 on this late January day in Massachusetts it was dark out by the time you got there correct yes it was so when you finally arrived on scene after getting your team getting the green light it was dark for the start of your search correct yes it was when you got there you set up a command post well you could call my crer command post sure sir well I didn't use the term command post sir did I you who used it first we marked my cruiser was a command post on the map sir okay all right uh and a command post is a base of operations at the scene correct yes sir and you parked your Cruiser uh basically in front of the driveway at 34 fair viiew to serve as the command post yes right right side of the driveway yes sir and and uh you were initially facing away from the flag pole when you did that yes sir which would mean that your Cruiser was parked technically on the wrong side of the street facing Cedar press because you were against 34th fa correct sir and then ultimately turned it around well yes myself and trer Bo moved our vehicles all right and um you initially parked there uh in part because you wanted to keep the area where you were searching clear of vehicles correct uh yes sir and that was where you met at the uh we'll call it a command post because because you did your your Cruiser that was where you met to discuss the parameters of the search tell uh detective Lieutenant Tully arrived on scene that's that's where we spoke okay and you would agree with me that it was Lieutenant Tully from the norick state police detectives unit who told you uh where to look and what to look for correct correct he told us the area he thought would be the best probability to find what we were looking for in addition to your team the the seven of you uh you noted that there were five other officers on scene at various points correct I believe it was about five sir they were all in uniform they were not some were in plain clo they were and you didn't know who those five other officers were correct I only recognize two of them sir and so the the other three you didn't know if they were State Police or Canton Police correct sir at that point were you made aware that the Canton Police had been conflicted out of this investigation I had not no sir all right now Lieutenant Tully directed you to an area where he said that John O'Keefe's body was found correct he directed us to where he beli the vehicle involved had been parked and to where the the victim's body was recovered all right so again in answer to my question he did direct you to an area where he believed the victim's body was found correct yes sir and he told you that he believed that the uh victim officer was hit and dragged by a motor vehicle correct yeah I believe he might have said possibly dragged all right but in terms of your paperwork on the case U there's something called a final mission report correct yes there is Sir and what is the final mission report that's just a brief summary of the actions conducted by Sir during our assignment and uh with regard to just going back for a second with regard to those five officers you re you you mentioned that you recognized two of the five officers that were in plain cloth at the scene correct sir and what departments were they from the only two I recognized were from the state police okay now getting back to the final mission report um you called it a brief summary of what you had done with regard to the search correct yes sir just because it's brief doesn't mean that it should be inaccurate correct correct sir um it's important with regard to anything that you submit on this case that you be as accurate as possible correct yes sir and you try to be correct do our best sir uh and there is an entry uh well there are six different categories on or I should say seven different categories on the final mission report um the first being the mission name which you entered as the Canton evidence search correct yes sir and that was accurate K the evidence search occurred and it occurred in Canton correct yes sir and you also put the date and time of the first call and you entered that as January 29th of 2022 at 2:32 p.m. correct yes sir and that was accurate because you've testified that's when Lieutenant Telly contacted you correct yes sir and there's a entry or a question or a box that says general Terrain and you enter that as neighborhood snow covered Street and front lawn correct correct sir and that was accurate right yes sir uh and in terms of incident type you entered evidence search correct yes sir and that was accurate correct yes sir and then there's a final mission report that talks about your mission and starts with you know seven C members and that's the C team right yes sir seven CT members responded to the scene and it talks about um you know the the snow in the area where the victim's body was found this the plows hadn't cleared the street etc etc that paragraph is accurate as well correct yes it is Sir and then there's a final mission report by and it gives your name Lieutenant Kevin O'Hara and it has your accurate badge number which is 3042 correct yes sir all right everything in that we've just discussed in terms of what you put in your final mission report was entered accurately correct yes sir and the final category is General description of mission and would you agree with me that you entered the off-duty officer was hit and dragged by a vehicle at approximately 12:30 a.m. I don't remember exactly how it's worded sir if I could may I approach yes um it's been a recurring theme do you need uh I all right I'm sorry thank you sir [Music] [Applause] a sir thank you I may approach yes um Lieutenant having read that portion of the final mission report um is your memory refresh uh yes it is Sir all right and did you enter in there the off duty officer was hit and dragged by a vehicle at approximately 12:30 a.m. uh yes I I did Sir all right now with regard to the area that for I should say Lieutenant Tully's direction to you to search the area where the victim's body was found um Lieutenant Tully never informed you that he was actually present and saw the victim's body in that spot did he he did not no sir um did you mark the place where John kei's body was found with GPS coordinates uh we did not he wasn't no longer on scene sir so I think that would have been not 100% accurate okay uh you also mentioned that Lieutenant Tully directed you to the area where the SUV had been parked correct to where the vehicle was believed to have been parked yes sir at that time did you know it was an SU or not I did not sir all right but in any case Lieutenant Tully didn't tell you that he ever saw the vehicle parked in the area to which he directed you correct he did not say that he saw it there no sir so Lieutenant Tully told you to look for a man's sneaker correct that was one of the items missing yes sir and he told you to look for red and clear plastic pieces of tail light correct he just said tail light didn't say red red clear but tail light pieces okay uh did Lieutenant Tully give you approval not just to search outside the house but also inside the house no we never discussed searching inside the house sir and you would mention during your testimony that um you confirmed that the homeowner was there right because he came out of the house at one point I don't know if it was a homeowner but an adult male exited the house while we were there sir sure uh and he he appeared to live at that home correct I me just a moment all right now uh with regard to the area that you were searching you would agree with me that Lieutenant Tully was the one who directed you where to search and what to search for correct he gave us the best idea for the search area yes sir all right and it was based on his direction that you created a grid and began your search he told us where he beli the vehicle was parked and where the victim's body was found and I decided how far of a distance we would search okay so that's another way of saying it was based on his direction that you created a R and began your search correct yeah I based it off of the information he provided yes sir so the answer is yes I guess so sir um this was not the first time that you and your team have done a search in the snow correct not for evidence we had never done a search like this before just for uh missing person searches I see but in any case you've been trained to search winter crime steams that have snow correct correct sir there are proper Tech techniques for conducting such searches during or after a snowfall correct yeah we have best practices we use I'm sorry I didn't yes we have best practices we use sir of course uh best practices would include documenting the scene and the area to be searched with photographs and diagrams correct uh yes sir it would also include using you know gentle methods to remove snow correct yeah the best best way you can yes sir that might include you know smaller hand tools brushes glove hands uh only if you would have a real small area um it would include removing snow layer by layer and then sifting it and documenting evidence again for each layer that's removed yeah I believe that's that's how we went through sir we went slowly methodically and sifting through the snow as we progress down the area correct and and best practices would mean documenting by photographs along the way the progress of your search would it not uh that would be up to the detectives or the crime scene unit sir well but you were the one who was making those decisions correct not for documentation purposes no that's not our responsibility sir okay uh but you would agree with me that um that would it would be advisable to document your search in that way would it not uh that would be at the discretion of the detective sir okay well um would it harm your search in any way to fully document it along the way it would not harm it no sir you want to take your time and work methodically and thoroughly in the search correct correct sir and you want to collect evidence as it's located and immediately photograph it in place before it's Disturbed correct yeah as evidence is discovered it will get photographed in place yes sir uh during your search in this case your team found a sneaker and pieces of red and clear plastic correct correct sir the evidence that you found was basically on top of each other within a few inches of each other correct uh within a foot or two couple feet yes sir well um you testified at a prior proceeding in this matter did you not I did Sir and you were sworn to tell the truth during that prior proceeding as well correct yes sir and that testimony was closer in time to the search that you conducted on January 29th than today is correct uh yes it was Sir and your memory would have been better then than it is today correct probably sir you were asked the question quote And as far as the red and clear glass you believed consistent with the tail light was that found in the same area as the sneaker or somewhere else do you recall that question I believe being asked that question sir and your answer was same area within a few inches less than a foot correct correct sir um now you mapped out GPS coordinates for what you found uh one of the team members did yes sir your team did yes sir uh and Lieutenant Tully from the north uh state police detective unit was present during the search correct uh yes he was and he was the one that were was photographing the items that were found uh yes he did so I'd like to ask you a few questions about your observations about where these items were found in relation to each other uh would was there a piece of red plastic located on the roadway left of the flag pole when you look at the house from the street left of the flag pole yes sir all right now given your testimony about these items essentially being in the same area less than a foot away away from each other um it could not be true then that from that red piece of uh plastic that that was found in the street that 3 feet south of that was a a black Nike sneaker found under the snow that couldn't have happened correct well I don't know where the distance between the objects as far as the mapping P purposes serve but as far as how far apart the first the first thing we discover was one red piece of plastic and then further south that's when we found the sneaker and additional pieces right but but again they were all in the same area less than a foot apart correct same general area but could have been over a foot so I'd have to measure between the GPS markings okay well uh so is your testimony today that what you testified to in that prior proceeding where everything was less than a foot apart that's that wasn't accurate objection is that your testimony sir best recollection that they were with close within around a foot but to be 100% accurate you would have to measure between the two GPS points which I have not done sure but if if your estimate is they were you didn't even say a foot you said less than a foot correct I believe that's what you read around around a foot yes sir which is what you testified to correct correct sir so if it's less than a foot then by definition the the sneaker couldn't have been found 3et south of where that red piece of plastic was correct yeah I don't know if that's accurate sir you don't know what's accurate well you're saying 3 feet I don't know if that's accurate sir no that's what I'm asking you is it accurate oh oh I don't know sir I'm not sure the exact distance I didn't measure the uh GPS marking sir I'm not all right I don't know I didn't know where you came up with that number three feet sir I'm just asking questions okay that'll be well I'm just asking questions all right so uh with regard to let's let's assume for a moment that the sneaker was found 3 feet south of that first red piece of plastic um from your observations was there a clear piece of plastic that was found a few feet south of that black sneaker there was a piece of clear P plastic found just past the sneaker a few feet south of the sneaker I don't know where you're getting that from Sir again you don't have to like worry where my questions are coming from so Mr yti no comments next question I'm just asking a factual question you were there I was not Miss tetti just ask the question um was a clear piece of plastic found a few feet south of the black sneaker which was found 3 feet south of the red piece of plastic did that happen I don't know the distance there no not without m not without measuring it but I wouldn't I wouldn't think it was that far of a distance they were almost they were much closer than that right I mean you you say you don't know the distance but you testified to what the distance was and in that prior proceeding did you not next question please all right and then moving along we have the red piece of plastic 3 ft South black sneaker a few feet South clear plastic and finally several feet south of that clear piece of plastic was there a second piece of red plastic found several feets up no again don't agree with your description of the distance sir okay all right so we will agree that um you know one piece of red plastic 3 feet South sneaker a few feet s South Clear piece of plastic and then several feet South more red plastic that didn't happen correct I don't agree on those distances no sir no okay now um You testified that these items were buried under some snow correct correct so they were under snow I have those exhibits please [Music] okay can I um can I display exhibit 113 please um all right um we need the jury needs to take a break why don't we take why don't we have this morning all rise for the court please follow me please okay okay [Music] hey there Karen Reed trial Watchers this is a law and crime legal alert Google incognito tracked users browsing data without their knowledge yep well Mass tort Alliance one of our legal sponsors is actually helping users file for compensation due to issues surrounding Google users privacy through their Incognito browser so if you've used Google incognito anytime since 2016 you can start your claim in less than 10 questions at Incognito claims.com LC live e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e thank you be seated CL back [Music] [Music] all right M un you can go back to the podium Lieutenant O'Hara you testified on direct examination that you collected six or seven pieces of plastic correct believe that's what we found yes sir uh would you agree with me that it's important to be precise in your investigation and your search yes why lieen until I took an Evidence log sir right so as you uh testify here today two and a half years later can you tell the jury whether it was six or seven of the pieces of plastic that you actually found I've never seen the evidence log from that night Sir so I'm not sure exactly how many he recovered again I was partaking in the search so I'm not sure what the exact number is Sir and you would agree with me that you only mapped three of them on the map that was introduced here at trial correct correct and again that was because there the pieces were essentially on top of each other correct correct as you would mark them on the GPS they were marking almost directly on top of each other and we knew that was going to and they certainly were not being marked feet away from each other several feet correct no sir all right and you are aware that Lieutenant Tully photographed five pieces of plastic that day are you not I'm not sure I'd never seen the photos until probably about a week ago sir all right in any case you did say to the state police detective unit at the end of this search um that if they wanted you and your team to come about back out during daylight hours you would correct correct sir so I'd like to direct your attention to six specific dates and then I'll I'll ask you a question February 3rd February 4th February 8th February 10th February 11th and February 18th those six dates and my question is did the lead investigator Trooper Michael Proctor ever call you on one of those six dates to come back to the scene to conduct a further search uh no he did not I have nothing further okay redirect Mr L just briefly aror [Applause] so Lieutenant O'Hara with respect to both uh yourself um and Lieutenant Tully as far as being dispatched that decision comes from above both of your heads with respect to each of your units is that fair to say that's correct sir you were asking questions about a Daily Journal um can you describe for the jury sort of what that is or what kind of information would typically be kept in that there would just be our day-to-day activities we'll give a quick gist of what we're doing each day be more General than not doesn't get too thorough now you would made mention uh during your testimony some other um some other documentation is that would be more specific is that correct correct sir and and what would some of those be and and how would that be more specific that's a report that gets generated through our mission manager software so it creates a a little bit more detailed response and are you familiar with an AVL I am yes sir and what is an AVL it's the uh geotab GPS on the Cruiser's automatic vehicle locator system and the vehicle that you were operating that day was that equipped with an AVL yes it was Sir and is that how you're able to tell the precise time of your arrival on scene correct sir as well as each member of your unit is that correct correct sir now as far as the items and and where they were again I just asked from the photographs that were marked as exhibits before where the items were when they were located by members of your team they were photographed as they lay is that correct correct sir as they were discover they were photographed so regardless of inches versus feet versus whatever distance it was you didn't measure that is that correct we did not no sir but as far as where they were actually discovered or where they were recovered they were photographs where they were when you found correct correct sir nothing further right all right Lieutenant you are all set sir thank you appreciate it this journal that thank you thank you Mr yti this is your paperwork I believe all right Mr L your next witness please yes you're on the call call Miss Moren hartnet to the stand step right up here and just watch your stuff for me the the court the case down hearing from the truth the whole Chu nothing the truth so you yes thank morning man good morning could you uh please state your name and spell your last name for the jury maren hartnet h a r t n TT all right Miss har I know I'm going to ask you throughout this to keep your voice up okay okay thank you thanks and Miss Harden what do you do for work I'm a forensic scientist too with the criminalistics unit and crime scene Response Unit at the Massachusetts State Police crime laboratory and how long in total have you been with the Massachusetts State Police crime in total approximately eight years and going to ask you some questions just a little bit about your educational background uh where did you go as far as your undergraduate was concerned I have a Bachelor of Science sence and biology from Bridgewater State University and following the receipt of that degree where did you go from there I have a master of science in forensic science from the University of New Haven and after you received your Masters uh where did you go after that I was then hired um by the Massachusetts State Police crime laboratory and when you're initially hired um you mentioned that you're a forensic scientist to now is that correct yes correct um so when you're initially hired or when you were ially hired at the uh State Crime Lab uh what was your position and and what did that entail are you referring to back in 2004 or am my current hire you're back in 2004 in 2004 I was originally hired as a temporary employee in the codus unit and what is it that you did there I collected blood samples for the DNA database and did you receive any sort of training in regard to uh in regard to that work yes I was trained how to properly collect and seal those samples and what did training sort of consist of in reference to to that I was um I demonstrated being able to take those Collections and then properly store them and and um seal them now your current position what is what is your position at the crime lab now currently I'm a forensic scientist to in the criminalistics unit and crime scene response units and uh what is sort of the between a forensic scientist 2 versus a forensic scientist one a forensic scientist one is still in training at the crime lab and did you start as a forensic scientist one when you came into this particular unit yes I did and about how long a period of or process uh is it from the time that you start as a forensic scientist one before you become a forensic scientist it takes me approximately um 9 to 10 months to be signed off to be a forensic scientist too and can you explain to the jury sort of what goes on as as far as that process is concerned um going from a forensic scientist one to a forensic scientist 2 during that time period we are being trained in the various types of analysis that will perform in the c criminalistics unit and what exactly does that training sort of consist of the training is broken up into modules which addresses each type of analysis at the end of each module we take a written exam an oral exam and a handon practical exam once each U module is successfully completed we'll move on to the next module and what are your duties as a forensic scientist in the criminalistics unit and a crime scene responsible in the criminalistics unit I examine items of evidence submitted by law enforcement Personnel or crime scene responders for the presence of biological fluids such as blood semen and saliva as well as Trace materials such as hairs and fibers I also perform gun chat residue collection and damage analysis and with respect to the crime uh crime scene Response Unit for the crime scene Response Unit I respond to crime scenes I document crime scenes um analyze or test evidence preserve the evidence and then transport that evidence back to the crime lab and now with reference to your training experience uh specifically in the crime scene Response Unit um what is based on your training experience what is sort of the definition of what is a crime scene a crime scene is any location that may contain evidence related to a crime now with regard to those two positions what offending training did you receive in regard to those two units that you're currently in while you at the lab for the I'm sorry are you speaking about the crime scene training specifically crime scene training uh yes let me ask you first to start with the criminalistics training the criminalistics training I completed modules on body fluid identification such as blood and SE Trace analysis identification of hairs and fibers pattern evidence such as bloodstain pattern evidence as well as damage analysis and as far as the training was concerned with regard to the crime scene respons I received training in proper documentation using sketches and diagrams of the scene I also re received training in Trace collection at crime scenes as well as gunshot residue collection at crime scenes now the crime lab um that you work for is that lab accredited yes it is and what does that as far as accreditation what what does that mean accreditation is a voluntary quality assurance process that the laboratory is a part of or an outside body evaluates our crime lab to ensure that our Personnel procedures and instruments are held to certain scientific standards and the outside uh sort of vendor or the Outside accrediting Agency who is that in regard to the massachusett state police crime our laboratory is accredited by a NAB which stands for an national accreditation board and an is a another acronym that stands for national standards in American National standards Institute and as far as that accreditation is concerned how often is that something that um that your lab under goes or or is there a certain audit process how how is that how is accreditation sort of achieved we are audited um I believe I want to say every two years but I'm not 100% sure um they come out to the lab and they go through certain systems or have a certain scope in which they audit us we also do internal audits as well and as far as that accreditation is concerned is that something that was up to date uh in the month of January 2022 yes it was and is it up to date currently as well yes now your work um believe you just alluded to this as far as your testimony but does your work go through uh some sort of review process yes every um excuse me every assignment that I complete goes through both a technical review process and an administrative review process can you explain a little bit about what each of those is and what it means a technical review review process is done by an independent analyst either a peer or a supervisor who will look through my file and determine whether or not they can come to the same conclusions that I came to based on my notes are you familiar based on your training and experience within the lab of something called a proficiency yes I am and can you explain to the jury what what is your understanding what is a proficiency test proficiency tests are given in the different types of analysis that we do at the lab to ensure that we are um maintaining our competency in that type of analysis and about how often are these administered um or how often do you take proficiency test for biological fluid identification I take two per year for Trace identification I take one per year and for excuse me for Crime Scene response I take one per year and these proficiency tests are they required by the the accrediting body a that you were referring to yes they are and did you take a proficiency test in Heron fiber identification in 20122 yes I did and what was the outcome of that proficiency test that was successfully completed and required a remediation can you explain to the jury what remediation is and and why this specific proficiency test required remediation a remediation occurs when you have an inconsistent answer with that that is expected by the laboratory or by the test provider in this particular instance I had an inconsistent answer with um the expected laboratory result and how was the remediation completed in this instance after um the inconsistent answer was identified by my technical leader we had a verbal discussion about why I came to the conclusion I did um to be most more specific one item one each item had two samples one of the samples for item four I determined as being a human here without a roote when in fact the route was present we had a discussion on how I came to that conclusion and then she then mounted that hair back on the microscope and we discussed different ways that I could have come to the correct conclusion and during that remediation process were you permitted to continue to perform case work during that time yes I was I was committed to I was um permitted to continue to perform case work in her and fiber identification however I was temporarily um asked to not perform technical reviews of my peers work on her and fiber identification and was Prior case workk that you had completed evaluated to uh to verify that that previous reports were issued correctly yes they were and what was the determination uh in regard to that no previous casework was affected by this error and have you since completed additional proficiency test iner and fiber identification yes I did and what were the outcomes of those subsequent proficiency test those were successfully completed without needing any additional remediation as far as the remediation was concerned if you could just explain to the jury sort of what um what the issue was and what that remediation process look like sure um so I received four items in hair and fiber identification each item was told that they um came from the same um Source item number four consisted of two items one was a hair with a root the other was also a human hair with a root but I had said the root was absent that was due to the fact that I didn't see anything like that under the microscope I it it was something that was new to me my technical leader reviewed that hair with me under the microscope she showed me various characteristics such as a loss of scale pattern and the um soft appearance of the root which I thought was damag because we had this discussion and I agreed with the different characteristics that she showed me she then gave me several hair both with damage and with roots so that I could um basically continue to uh understand the difference of what I was looking at once she looked at all my notes and agreed with everything that I had done she then issued me an additional test to demonstrate my continued competency in this now how many criminalistics cases have you processed over your time at La over a thousand and how many scenes have you processed in regard to your work with the crime scene responsible I responded to approximately 50 scenes 80 of which I was um the lead investigator on and how many exams have you completed with regard to Motor Vehicles approximately 65 now if I could ask just a general question as far as blood testing is concerned how is it that you that you test for blood normally I would test for blood by locating a visible red brown stain or an area that may contain blood I perform a screening test which is not specific to blood but other items may also come up positive for screening test if that screening test is positive I go on to perform a confirmatory test and as far as the screening test is concerned can you explain uh to the jury sort of what it is that you do uh in performing that screening test the screening test is a two-step process I take a cotton swab which I apply sterile water to I take that cotton swab and apply to the area that I would like to test and then I add my two chemicals to the swab depending on what type of screening test I perform there there'll be a color change either blue or pink for blood and with regard to the confirmatory test can you explain to the jury sort of what what is what does that consist of if the screening test is positive I'll go on to perform a confirmatory test or again a cotton swab is applied to the area of Interest or I may take a cutting depending on what the substance is I then add a chemical to that um cutting or swab and then the liquid portion is added to a test card something similar to a Cod um if you've taken a covid test or pregnancy test the liquid is spotted at one end of the card and it flows up the strip if there's two lines it's positive if there's one line it's negative and through your training experience and work with the lab are you familiar with a term called Q Lim or Q qlim yes I am and can you explain to the jury what Q Lim means or or how it's applied Q Lim stands for quantity Limited which means that the sample if it's being sent forward to DNA would not be able to be divided in two typically we divide each sample going forward to DNA into two one to be tested in our DNA unit and one to be preserved for future testing If an item is deemed qim it means that that item the entire item will be used up in the DNA processing now M Hardon if I could turn your attention to February 2nd 2022 do you recall that date yes I do and on that date where you uh dispatch to uh were you dispatched to the Canon Police Department yes I was and do you recall approximately what time of day it was that you arrived at the Canon Police Department I believe it's approximately 9:00 a.m. and when you arrive there who if anyone uh Beyond yourself uh from State Police or other sort of uh Personnel was was present at the C Trooper Proctor Trooper Dunn and Trooper Clark from crimes and Services Unit and at some point subsequent to that were there other members of the State Police uh that arrived uh in that area as well yes and was one of them a Reconstructionist named triple PA I I'm not I'm not sure what the name was I do know that the Reconstruction team did come on um after I arrived now where within the Canon Police Department were you directed to go or where did you go I was directed to the Canton Police Department garage and when you got to the garage What specifically uh Did You observe there what if anything were you asked to to do I was ex um I was asked to examine a black Lexus SUV and did you then examine that black Lexus SUV yes I did and you made certain observations uh of that is that correct yes correct now with respect to your observations that you made of the black Lexus SUV um was that memorialized in any way yes I took notes as I was examining it and you mentioned a trooper Clark as well is that correct yes correct and is he from the crime scene Services section within the State Police lab yes and what if anything was he doing with reference to the black Lexus while you were making your observations while you were conducting the work I believe he was taking photographs I don't know any other um I don't know what else he performed while he was there and you're on a mayor approach yes [Music] I'm showing you with three page documents to look do you recognize that document ma'am yes what do you recognize it to be it's um it looks like diagrams that I had um taken at the scene however it appears to be missing some information so as far as the notes that you took they're M hard you had taking notes on those diagrams when you were at the K police station in the garage yes I did and that diagram that you have before you does not contain those notes is that correct that's correct um but as far as the diagrams that you had before you and that you were taking notes on um those are the diagrams or or form of those diagrams yes that's correct and contained on that a certain uh information related to the vehicle is that correct yes correct who's the make the model license plate number is that correct yes and if you could just read from that form as far as what you recorded as far as the the make the model and the license plate the make is Alexus the model is lx570 the year was 2021 the registration is Massachusetts 3G C 684 the VIN number is jtj fy7 ax1 m434 347 the exterior color is black the interior color is tan the registrant is Karen Reed and the exam location was Canton PD garage I approach J yes I'm see to introduce in any objection no objection thank you3 [Music] now miss hard with reference to uh the diagram that you took that you took notes on do you have a copy of that with you today yes I do and you're H with the Court's permission I would ask that the witness be allowed to take that out just to as far as the testimony related to the diagram okay and with the course submission as well I would ask if we could display what's now been marked as 137 on the screen yes and Miss hartnet U before you i' leave on that um desk in front of you there should be a laser pointer yes just cck on the button there and point at the screen if if I or anyone asks you to do so with reference to the screen so Miss Hardy with reference to what's up on the screen the top of that first page of diagrams um if you could using that laser pointner direct the jury's attention to what you observed and what if anything you made note of uh in reference to your observations of the black leus on February 2 okay in my notes I had the vehicle the vehicle was in overall good condition and there was damage noted on the rear passenger side area so that's not viewable in this particular diagram and it's you can down so in this area here and as far as the damage that you noted in the right rear passenger area what what was it specifically that you noted I noted there was a dent yeah don't don't read from there um what did you note there was a dent in the trunk door there were scratches on the rear bumper and there was a broken tail light and next now from the diagrams that are up on the screen right now page two of what's been marked as 137 if you could using that direct each of those observations you made and where they were in relation to the damage to the dent um the rear door was in this area the broken tail light was here and then there was some scratches on the rear bumper as well now in addition to scratches on the rear bumper on the the area of that lift gate in back what if anything else did you observe sort of within that area I observed an apparent hair on the rear quarter panel about here and I also noted some pieces of Glass on the rare bumper excuse me I want to say apparent pieces of glass now as far as as that word when you say human hair on rear B why why that terminology why do you call it that at that stage when you're in the garage and you're making these observations at that time I noted that it was an apparent hair because I had not done any microscopic observation of the hair and subsequent to that did you do that microscopic examination of of the hair that you observed in the rear area of that Lexus SUV yes I did and where was that performed that was performed back at the lab so that item was secured by yourself taken back to the lab and examined myros scop yes that's correct now with reference to what you termed as the apparent glass on the rear bumper um similar to the apparent hair why why is it that you use that terminology when you're making those observations of it uh in the garage I did not have any confirmation that it was glass we refer to it as a parent glass and preser it for the trace unit and when you say uh reserved it for the trace unit if you could um just in in general terms describe to the jury what the trace unit is and what is it that that they do as far as their analysis or relation to what you do certain items will be examined in the trace unit for identification so the criminalistics unit does not perform Glass identification that would be done in the trace unit they would also um they also will look at other items such as plastic and hairs but I I'm not comfortable going into the analysis that they perform I don't have the details on that and lastly Miss Gman if I could have the third diagram that and again miss hard what's up on the screen is that before you as the third diagram yes or the third page of the diagram and what if anything of significance did you note in this area that I noted the items that were located within the vehicle there were some boxes on the back um seat of the vehicle there was also a package in the vehicle and some clothing and miscellaneous items in the trunk now as far as the I that were contained within the trunk um how high up were they um let me ask you this as far as the rear window of the trunk area was there anything obstructing that I don't recall it this time excuse me you can take that time I approach again your yes I'm going to show you initially a set of 18 photographs ask generally propos and I'm just going to ask you generally speaking if you recognize what is contained there [Applause] all [Music] [Applause] he ma' do you uh generally speaking do you recognize what's depict in those photographs yes I do and what do you recognize those these are photographs of the black Lexus SUV that I examined at the Kint Police Department what's contained in those photographs is that a parir trayal of what you observed as far as the black Lexus on that date of February 2nd yes may approach yes objection you if I may I don't mean to so Madam court reporter needs to I understand so all I'm asking on is if I may approach just to show a couple more photographs while the court reporter is recording so that the witness May review them okay we're done if anyone speaks before I'm done it won't be on the record for for 138 15 thank you very much so Mr L you really need to keep your voice up and the witnesses yeah sure your honor with the Court's permission may I publish uh those photographs that have now been marked for the for the jury yes um and Miss Gilman if I could start with uh 2498 M hard you recognize what's up on the screen yes I do and what do you recognize that to be that is a picture of the license plate of the black leses SUV and if I can have the next photograph m g 2499 again you recognize what's up on the screen Miss hard yes I do want you recognize that to me that is the front end of the Lexus SUV 250 and again you recognize what's up on the screen is this exhibits 140 yes I do and what do you recognize within this the exterior of Theus SUV and as far as the this is inside of the garage of can police station is that correct yes that's correct in addition to the vehicle is this a fair and accurate betr of what the inside of the garage looked like when you were there that day second yes I have the next photograph 2501 and again do you recognize what's up on screen now yes I do and which part of the vehicle are we looking at in this Photograph looks like the front passenger side of the Lexus SUV and the next photograph is Filman 2502 and do you recognize what dep in this Photograph as well yes and which side of the vehicle are we looking at at this point the driver's side and if I could have 2505 and you recognize what this Photograph this yes I do and what do you recognize this to that's the rear driver side of the black Lexus SUV and the next photograph 2506 you recognize this as well yes I do and what do you recognize this that's the rear of the black luxus SUV as far as the caution tape that's open around the vehicle is that something that was around the vehicle the time that you first came into the garage yes it was now from this Photograph 256 which is ex 145 using the laser pointer before you if you could draw the there is attention to the damage that you were talking about where you observe that located on the on the vehicle there is damage here on the bumper and there was also damage to the rear door I think it may be blocked by the caution tape and this bogra 2 so looking now what's been marked 147 B little now with reference to the damage that you were talking about that may have been blocked by the caution tape in the prior exhibit do you see that in this exhibit yes I do and if you could again using the laser pointer before you draw the jury's attention to where right here it's on the rear door right underneath the window now as part as far as crime exchange sponsors concern um when you're doing this kind of examination of a motor vehicle can you explain to the jury sort of what that process entails and and what is it that you're doing over the course of of your examination I complete an overall visual examination of the vehicle noting any damage or anything that stands out that should be recorded um I then look for any stains or material that is on the vehicle um specifically might um any transfer that could have been left behind by a victim and as far as making those observations what if anything do you then do with regard to those observations that you made from visual inspection I'll then perform testing on any stains that I note or any areas of interest and then collect anything that needs to be collected now with respect to this vehicle and this examination what what is exactly that you were requested to examine it uh to examine I was informed that this vehicle may have been involved in hit and run so I was ex I was requested to examine it for biological material and what if any information were you given upon arrival to the Canon police uh Department in regard to that V I was informed that the victim had scratches on his arm as well as the fact that the car had been towed through a blizzard and did you perform any testing with relation to the vehicle yes I did and what what was that testing uh that you performed I performed blood screening on the lower Ling areas of the undercarriage um on each side of the tire flap as well as the edge of the bumper and the exhaust pipe and what were the results of of that testing that you performed there in the garage those were negative and what if any evidence did you collect um while you were either from the vehicle or from any other source while you at the C station back I collected the apparent glass from the rear bumper I collected a Paint standard from the area of damage on the rear door I also collected a Paint standard from the area of damage on the rear bumper as well as the imper hair from the rear quarter panel and I um collected the tail light housing from the vehicle and turning away from that just for a moment um Miss Gilman if I could ask for Photograph 2512 [Music] screen 15 you recognize this yes I do and what if anything of significance in relation to items collected or items You observe did you do You observe in this particular I observe the apparent glass on the rear bumper Gman if I could have photograph 2515 and again up on the screen what's now been marked as 153 you recognize this yes I do now as far as that area that you were talking about where you U recovered which you term initially in the garage is an apparent human care do you see the location of that within this photograph is it possible to zoom in a little bit on the um area right next to the right the red chair light to the best of my recollection it was in this area now as far as areas where you observe certain items or where um damage is uh indicated or observed by you is that later marked in some fashion I I make area I note the damage in my notes but as far as on the physical item itself is that marked in any way shape or form yes I'll use stickers to indicate areas that I would um then refer to back in my notes so that second set of photographs that I placed before you when the stenographer was marking those exhibits do you generally recognize what's depicted in those photographs yes what do you recognize those the these are pictures of the interior of the blackl SUV may I approach yes introdu and Adit four photographs as next is there any objections Mr Jackson no objection 156 to 159 I'll Take Care thank you very much your honor with the court permission I would ask to publish those for the jury as well okay Miss har again director extion of the screen do you recognize what's now been marked as ex 156 yes what do you recognize that to be that's the driver compartment of the black lus SUV and I could have photograph 2527 have just a moment with coun okay thank you R appreciate it to direct your attention on the screen photograph 2527 that's now been marked as 157 you recognize that as well yes I do and what is depicted in that photograph man' it's the front seat area of the black Lexus SUV and specifically as far as the center console area of that vehicle is that faag trail of what you observed inside the vehicle on February second yes and lastly from this packet missman if I could have photograph 2535 and Miss hard 2535 which has now been Mark as ex 159 do you recognize what's up on the screen there yes I do what do you recognize that to be that's the interior of the trunk of the black leus SUV and is that fair and accurate portrayal of the interior of the trunk as you observed it in the Canon Police Department Garage on February 2 yes thank you can I approach to witness again your yes I'm showing another series of 9ot again look up when you're finish but really what I'm going to ask you is you recognize what's depicted in this [Music] do you recognize what's depicted in those photographs man yes I do and generally speaking what's depicted in those nine that set of nine there these are pictures of the rear passenger area of the black Lexus you my Approach yes as the next there any objections to Jackson none your thank you you really have to keep your voice up I'm sorry you you really have to keep your voice up I I apologize [Music] 160 through 166 sorry thank you very much your honor with the courtmission may I publish portions of this for the jury as well okay uh Miss Gilman if I could have 239 s what's up on the screen isograph 2539 that's now been marked as exib 60 do you recognize that yes I do and what do you recognize that to be that's the rear passenger area of the black Lexus as far as the damage that you observed from the broken tail light if you could using the uh laser pointer before you direct the jury's attention to that what's Vis of that in this phot this area here is the broken tail light and gent I have next4 now exib 161 again is hard if you could using that L Point direct attention to where you observe if anywhere this Photograph damage to the right there's damage in this area here to the rear tier light from the damage that you observed it essentially wraps around from both the back and from the passenger side of the vehicle is that correct yes that's correct if I could have photograph 2554 and it's hard you recognize what's up on the screen is photograph 25465 yes I do and talking before in early in your testimony about some stickers or some sort of evidentiary marker that you would put on an item that you're exam correct correct do you see any of that in this Photograph here yes I do and could you direct the jury's attention laser corner to Where You observe that and what if what if any area of damage or what that's denoted there's a sticker here and um I know you can't see I don't know if you can zoom in there's a letter on the sticker I believe it's a that denotes that there's something there that I was going to collect and right next to that sticker here is the apparent hair that I noticed if I could have photograph 2558 and similarly this hard you recognize anything in this photograph in regard to something that you had marked yes that's the rear bumper of the SUV and if you could zoom in a little on that and this heart in this Photograph what if anything is depicted that you denoted something s or further examine later there's pieces of a parent glass here on the bumper I approach witness again your yes I'm showing you with another series of photographs you recognize what's depicted in those photographs ma'am yes I do and what do you recognize those this is the reare air reare passenger exterior right below the tail light on the leus SUV and your honor may approach a witness yes okay [Music] 169 17 with Course May publish uh these some of these photographs to the jury yes if I can have photograph 2573 this AR it again photograph 2573 was now Mark at Z 169 you recognize what's depicted in this yes I do and if you could explain to the jury sort of what we're looking at in this Photograph this is the area of the rear passenger side of the vehicle just below the tail light and M if I get pass sort of towards the top Center of that photograph if you could zoom in on that area M hard Do You observe another sort of sticker or Placer that you place in that area yes I do and what if anything is that in reference to I'm sorry I can't see what the letter is on it so I'm not sure what that's in reference to if I could ask M so Mr L when you read when you put your head down to read your voice goes down considerably we can't get a recording of your voice so you need to speak up understood um M Gilman if I could have photograph 2576 Miss if you could with reference to the two areas up on that if you can zo in that area on this card can you see better there as far as what the the sticker is and what you had noted there yes and can you explain to the jury what you would noted in that particular I noted there were scratches in that area and also within this exhibit 172 U there's another sticker further uh upward on the vehicle what if anything did you denote or observe in that particular area in that area I noted the apparent hair can I approach the witness your yes another Ser of photographs this asking the same question take a look at those and asking if you recognize app what they are [Applause] next question Mr L I'm sorry may I approach [Music] yes next no objection this for 173 through 1861 thank you thank you very much de honor with the court commission and asked to publish some of those photographs jury CL yes yes let come in if I can have 2558 again miss hard you recognize what's contained in photograph 25 58 exhibit 173 yes I do and if I can ask you to just zoom in a bit on the uh sticker in mid screen and got again miss haret what is depicted in this Photograph that is a picture of the apparent hair I noted in the area Gilman if I could have 2561 the record this is exhibit 176 Miss Gilman if I could ask to zoom in a bit on the sticker in the middle there it's harder to was in this exhibit yes I do what do you recognize that to be that's the damage I noted on their rear [Music] door thank may I approach the witness I'm showing you a series of three photographs and do you recognize those ma'am yes I do and what do you recognize those to be these are photos that I took of the tail light housing back at the lab and what's contained in that uh those three photographs is that a fair andag betrayal of the tailight housing once you had uh removed it and taken it back to the lab yes may I approach again your yes I intr no objection thank you 1879 thank you thank you very much so M har before we get to those photographs I do have a few uh questions um so makes no difference to me but I think we can turn the light back thank you Mr offic now as far as the collection of that that evidence uh that you collected from the vehicle specifically how was that evidence collected and um again you've received training in regard to collecting evidence correct yes that's correct and the collection of evidence that you did in this case was that in Conformity with that treat and experience that you have yes it was and so how did you collect uh those pieces of of evidence from the vehicle on that particular each it depends on what the item was the tail light specifically that is that what you're asking about uh well first let me ask as far as the hair uh and and then I'll move on to some other items if that's all right so as far as the hair was concerned how was that collect I would have collected the hair with tweezers put it in a glassine envelope and then put that into a larger manila envelope and as far as those steps that you take as far as the collection is is concerned what what are what are some of the concerns for that or why is it that you take those steps prior to touching any evidence I would put on gloves I'm not sure in this case whether I use disposable tweezers or reusable tweezers if I used reusable tweezers they would have been bleached prior to my using them to prevent contamination and so each of those sort of steps that you take in your collection process is that fair to say that it's in an effort to um combat contamination yes that's correct now with regard to uh the paint chips or paint standards from the vehicle how did you collect those those would have been collected with a disposable scalpel I use it to scrape off pieces of paint from the vehicle which are then put in the glassing envelope and a larger manila envelope and as far as the um pieces of glass from the bumper area of the vehicle how are those collected I collected those with gloves I may have used tweezers I don't recall at the time but again if I used tweezers I would have used bleach tweezers or disposable tweezers now as far as that tail light assembly was concerned how is that collected or what offending um issues did you have with regard to collecting I removed the tail light um once I had the tail light housing in my possession I did have trouble disconnecting it from the vehicle so a police officer on scene did help me disconnect it from the vehicle so that I could properly package it and as far as um you what exactly was it that that officer helped you do or or what if anything did he I believe he just removed um helped undo the wires that in the back of the tail light so I could properly hold it and didn't have to place it down anywhere so you had two hands on the tail light as he was performing that is that correct yes I believe I did and as far as the area of the tail light that you were holding you were wearing gloves correct yes that's correct and as far as that area that you were holding with your two gloved hands did that officer touch any area of of that part of the tail light not to my recollection no and do you recall whether or not that officer was wearing gloves himself when he disconnected that wiring I don't call um now as far as once you remove that tail light from there what what if anything did you do with the tail light there I put it into a brown paper bag and then transport it back to the lab where I then properly secured it in the box with added um cushion from additional paper to ensure that no additional damage was done now with respects um to your time at the Canon police station um were you presented with any additional evidence uh by any officers from the Canon police yes I was and what were the those items I was presented with a broken drinking glass that was reported to have been recovered from the scene at 34 verv road I was also presented with several Solo cups filled with frozen red brown stains now starting with the drinking glass what if anything did you do with regard to the drinking glass I packaged it in a brown paper bag and with regard to the Cuffs with red brown stains contained within what if any what if anything did you do with regard to that I allowed the to thaw and then I took two sterile swabs like something similar to a Q-tip and collected a sample from the red brown stains in those cups and then what if anything after you took the swabbing from those Solo cups what let me ask first with regard to the Solo cups what what we done with those I'm sorry can you repeat that sure so after you took the swabbing from the Red Cups what if anything was done with the red cups I returned the to the camp Police Department to store as they saw fit and as far as the swabbing that you took what did you do with those I secured those in a glassine envelope and a large of EnV envelope and then transported those back to the lab now after your examination on scene you return back to the lab correct yes that's correct and what items of evidence did you examine uh first in this case in the lab I examined the apparent hair from the vehicle as well as the broken tail light now starting with the examination of the tail light um well let me ask in general terms when items are taken by you uh back from any kind of scene or any kind of place that you're processing and you bring them back to the lab what is it that you do with them when you get back to the lab when I get back to the lab I ensure that they're packaged properly that they're sealed and they're stored in the appropriate location within the lab I also EV um enter them into our laboratory information management system so that from that point forward those items can be tracked throughout the lab now each of those um now when when you come in with sort of a case is there some sort of number or something that's associated with the case when you first sort of generate that yes and do you recall the case number uh that you assigned or was assigned uh with regard to this investigation yes I do and what is that case number the case number at the lab was 22- 2184 now with regard to each specific item of evidence that's that's taken back to the lab and and logged in um what if any numbers are assigned or associated with with uh those particular pieces of evidence each piece of evidence is given it an independent lab item number now with respect to the tail light that was labeled as 3-1 is that correct that's correct so with respect to item 3-1 or the tail light uh can you explain uh to the jury the examination process that went into sure um I prepped my workspace by spraying it down with a 10% bleach solution I also sprayed down any reusable utensils that I would need to use I then applied a piece of butcher paper to protect the lab bench and prevent um contamination I would put on gloves my lab coat and mask before I examine any item of evidence and then I took photographs of what the packaging looked like and then photograph of the piece of evidence itself and then from that specific item um did you perform any any testing on that item no I did not do any testing on the item and and why not I was um due to the case history um there was no visible red brown stains on the item as well as the fact there was a very limited service area for me to um sample from in addition I was informed that the car had been tow through a blizzard so given the fact that there was potentially very limited material on the tail light if any any type of testing that we do would remove additional material so I made the conservative decision to take a swabbing of the item and send it forward for DNA and as far as that swabbing of the item for DNA purposes um can you explain sort of what the process is or how that's done yes we use um what a polyester swab which is a flat spatular shaped swab I apply sterile water to the swab and rub the exposed areas of the tail light and then that swab dries before it's packaged and sent to DNA now you know with the course permission could I publish for the jury what's now been marked as exhibits 187 through 189 yes if I can have first 897 now hard directing your attention to up on the screen now is exhibit 187 and you recognize what's in there yes I do and what do you recogniz to be that is the tail light that I removed from the black Lexus SUV and if I could have 8971 photograph what's now on the screen 188 you recognize what's deped there yes I do and uh what is depicted there and what if anything is in addition to the tail light what if anything are you that is the tail light from the Black ple SUV from a different angle I holding up a ruler to show the scale of the item and lastly 8972 189 and again do you recognize what's up on the screen yes I do can you explain to the jury what we're looking at perspective wise and what if anything you're doing that is the back side of the tail light and again I'm holding up a ruler to show the scale of the item I'm just coming you can take that time sorry just one moment J now miss hard from your initial response to the Canton Police Department you secured a number of different uh items uh from from the can police station that day correct yes that's correct and those were labeled subsequently as items 3-1 through 3-13 is that correct yes that's correct now turning your attention uh to item 3-6 that was the apparent hair is that correct yes that's correct and and in reference to your analysis uh with regard to hair uh that qm term that I asked you about before qlim uh what if any significance did that terminology have to your examination of the hair per protocol all hairs that will go forward for DNA are considered qm meaning that the entire sample will be used up during testing and with regard to um item 3-6 the apparent hair um can you explain the the examination process or what it is that you're doing with reference to that P yes I take the apparent hair and I mount it on a glass slide using deionized water I then put the slide under a microscope and I'm looking for certain characteristics to determine if that piece of material is a hair or fiber or some other unknown material and as far as your examination is concerned in that microscopic analysis what are some of the things or what are some of the characteristics uh that that um you're trained to look for that you observed in this specific instance to give you that determination that it was a human on the exterior of the hair there'll be scales and depending on those shape it can help you determine whether or not the hair is an animal hair or a human hair human hair have imate scales which look like overlapping shingles with a WAV like Edge that is what I oberved on this hair in addition the internal characteristics of the item we looked at running through the scent C of a hair is a medulla which is a channel animal medullas and human medullas look different in that human medullas will have an sort of an amorphous shape which means they don't really have any shape at all whereas an animal Meda will have distinctive um or can have distinctive patterns within them also the size of that medulla or channel that runs to the center of a hair in a human hair is approximately one3 the entire width of the hair or in animals it may be much larger than that now as far as based on your examination of uh this particular uh item this hair what if any opinion or what if any determination did you come to in regard to that item that you examined microscopically here I determined the hair was consistent with a human hair with a root now as far as that item was concerned was there any measurements that were done in in reference to that yes there were and do you recall what the measurements were or what the length was I'd have to refer to my notes if that's possible witness refer to her notes just ref that the hair was approximately 7/8 in Long now with regards to item 3-6 uh the hair did you perform any testing on that no I did not and did not perform any testing and why not the only um type of analysis done on hairs in the criminalistics unit is a visual microscopic examination but where did the hair go from there at that point I cut the hair into two pieces one end that contains the root and then the remaining end of the shaft the root end went to our internal DNA unit now it may be pretty well understood but when you say root end versus shaft end can you explain to the jury what you mean uh by those sort of descriptions the root end is the end that would have been attached to the scalp and the shaft end is just the remaining um outer portion of the hair and how is it that you're able to determine sort of the difference between the root end and the shaft end through the microscopic characteristics under the um that I viewed now with reference to that item 3-6 the hair were any decisions made in regard to what testing could would be performed on those samples yes based on the criminalistics protocol the root end of the hair would be tested internally in our DNA unit and if potential testing needed to be done on the shaft end that would be sent out to an external lab and do you know why that is we don't perform that type of DNA testing at our lab and that's something you're familiar with the term mitocondrial DNA testing I am familiar with it but I don't really have a full understanding of it but as far as your understanding is the type of testing that would have had to been uh sort of sent out to an external vendor that would be the type was mitochondrial yes that was my knowledge time yes now at some point did you have a conversation uh with regard to uh examination of of the remaining items in this in this case sometime in May of 23 yes and what was discussed it was discussed that I would examine the clothing and some of the other items for biological testing and specifically there was an item 7-8 which was a gray sweatshirt um attributed to Mr John o' correct yes that's correct now from that um as far as sort of an additional analysis or an examination uh of those clothing items um what is it that you were doing and what is it that you were looking for as regard to your examination of the clothing I examined the item for uh Biologicals in this case I was looking to determine if there was any blood present on the item I also did damage analysis of various areas on the sleeve in the front and back of the item I also took a trace collection from the item and additional um DNA samples for excuse me additional skin cell collection samples from the item now starting first with um as far as that specific items 7-18 the great sweatshirt what if any observations in general did you make uh when you examined them there were red Brown and brown stains on the item there was damage from the top of the shirt to the bottom of the shirt as well as across each sleeve of the shirt I also noted additional damage on the right sleeve now each of the areas of damage that you observed uh similar to what we saw with vehicle with those areas marked as well yes I marked each of those areas that I was going to do further analysis on with a number and uh there were potentially 13 different areas on that sweatshirt that you had marked is that correct yes that's correct may I approach the winess sh yes [Music] sorry I just showing you here six photographs and again asking you to look at those and look up when you finish and do you recognize uh those photographs yes I do and what do you recognize those to be these are the photographs I took of item 7-18 the long sleeve gray shirt and those are sort of the preliminary or overall photographs is that correct yes that's correct you're on the call may I approach yes introduce as the next exhibits thank you for [Music] [Music] ex 19 thank you very much M hard before I turn to these I just had one uh follow-up question and you had been talking about or testifying about sort of the difference between the root end uh and the shaft end of the hair you had mentioned that the root end is typically something that would be attached to the scalp is that correct yes that's correct so that would be in reference to a hair that comes from someone's head correct yeah uh well not necessarily I we don't perform body origin um identification and so to my to that point as far as the the root end of the hair that was attached to the body at some point whether it's the head an arm a leg you don't know where correct I do not you're on a with of course permission uh would ask to publish some of these photographs with the jury as well okay M yman if I could have excuse me photograph 9789 s putting up on the screen now what's been Mark is exibit 190 do you recognize that yes I do and what do you recognize that to be that is the photograph I took of item 7-18 it is the exterior front and if I could have n 790 the next photograph what's up on the screen is exhibit 191 you recognize that as well miss hard yes I do what do you recognize that to be that is the exterior rear of item 7-18 and if I can have the next photograph this F 9791 again you recognize what's up on the screen now is exib 192 yes I do can you explain the what that is that is interior front of item 7-18 and lastly um not lastly for this purpose photograph 9792 and again to recognize what's up on the screen is consider 193 yes I do what do you recognize that to be that's the exterior I'm sorry interior back of item 7-18 and bu 9795 again M hard do you recognize what's up on the screen as it 194 yes I do what do you recognize that spe that is the exterior front of item 7-18 and it also contains markers that I placed on the item to note areas of damage and the next photograph would be mman 9796 zo on now this hard what we're looking at here that's the right sleeve of the Grave sweatshirt of item 7-8 is that correct yes that's correct and so starting with some of the 13 different areas that this starts with one two four goes up to n is that correct yes that's correct thank you I approach a witness again your on yes partner showing you another series of photographs just ask if you could review those look up when you're fin it's hard if you recognize what's depicted in those photographs yes I do and what do you recognize those to be these are closeup photos of the areas of damage 1 through five yes to introduce and AIT as the next exhibit no objection thank you before begin Madam court reporter you're if I may approach just to show the next series of photographs [Applause] okay for 196 through thank you and you with the court permission if I could publish uh some of those photographs for the jury as well yes I'm Miss skilman if I could have photograph 9811 um with respect to what's up on the screen Miss hard you recognize what's now been marked as 196 yes what do you recognize that to be that is an area damage that I noted as area one in my notes IC 912 again it's harded to recognize what's up on the screen as 197 yes I do and with respect to this what are you doing here that is a closeup photo of the same area of damage area one that has some measurement that you're taking with reference to the size of that damage is that correct yes that's correct and did you do that respectively with each of the respective areas that you noted on each of the garments that you examined yes I did this if I could have photograph 1 9813 again this is area two is that correct yes that's correct if I can have 9815 again what's up on the screen is exhibit 200 U recognize this as what that's a photograph of the area three that I noted and this if I could have 9817 now with respect to what's now been marked as exhibit 202 do you recognize that as well yes I do and that's the number four area that you noted on the right arm of yes that's correct and if I could have photograph 9819 what's up on the screen is exib 204 you recognize that as well yes I do and again what is depicted in exhibit 204 that's the area of damage number five that I had in my notes I apprach again yes the photographs that I placed before while the phographer was marking the prior exhibits uh do you recognize what's depict in those yes I do and can you describe for the jury sort of generally speaking what's depicted in those ma'am these are closeup photos of areas 6 through 11 that I noted on the long sleeve gray Shar and may approach this retrieve yes call to introduce as the next exhibits and if I may approach the witness just to present with set okay [Music] day 206 through 27 so Miss Harden it what's contained in these photographs uh now been marked as exhibits 206 through 27 uh those essentially sort of the same close-ups and then a closeup with a measurement uh that the jury just saw in regard to uh what you had marked as 1 through five yes that's correct and this is just 6 through 11 on that same area in the right uh right sleeve of Mr oie sweatshirt yes that's correct now with regard to the photos that I just placed for you moment before uh do you recognize what's depicted in those yes I do and what do you recognize those to be these are the areas of damage um 12 and 13 on the rear of the sweatshirt may approach yes thank you very much you're with the course permission May publish these uh photographs for the jury yes i' like to have a photograph 9837 and M hard do you recognize what's up on the screen is exhibit 218 yes I do you recognize that me that's the exterior back of the gray sweatshirt and the items marked are the je label as 12 and 13 are they depicted on that yes they are if you could using a laser point just draw the jury's attention to where 12 and 13 are is it possible to zoom in on the um numbers I can't read them from here so there's area 2 and area I'm sorry area 12 and Area 13 and 9 exib 219 up on the screen that's just closer image of those are mark 123 is that correct yes that's correct thank now with respect to the other photographs uh that I had placed before you when the stenographer was marking those uh do you recognize in general terms what's depicted in those yes I do and what do you recognize those to be these are additional pictures of the sweatshirt in which I've also made some um notations of areas that need further testing may I BR yes just place these before the witness for it's 222 23 thank you now before I get to now been Mark 222 through 230 if I could just ask you a couple questions in regards to um damage that you noted on this item or or really any item um what is the process uh that you would go through as far as classifying damage to a clothing art uh I look at the macroscopic characteristics of the area of damage and then I also examine in the area of damage underneath the microscope and so what would lead you to make that sort of classification as far as something is damaged I look at the overall shape I also look at the fiber ends in um for instance a tear will have rough fiber ends and possibly separation of the weave of the fabric or cut you have even um ends without any fraying now are you able to tell from your examination of of those fibers and of of those clothing materials uh sort of what cause those tears and cuts no now be familiar through a training experience with something called an alss or an alternate light source yes and can you explain to the jury what your understanding of that term is and what if any use it had to you in this case an alternate light source is a light that uses a different wavelength that enables um visualization of some biological fluids that can't be seen necessarily with the naked eye on this particular shirt I did use the alternate light source and what if anything did You observe when you when you used that I used that light source around those areas of damage to determine if there was any biological fluids that were fluorescing um the ALS did not show any stains in that area now with regard to what you had labeled as um sort of Tears or Cuts one through nine that you noted um did you do any additional testing or or collecting specifically from those areas I collected two cotton swabs moistened with sterile water around those areas of damage and why did you it was told to me that potentially the victim may have um been bitten by a dog during an incident so I was taking swabs of that area to be sent out to determine if there's any dog DNA on that area now is that kind of testing as far as K9 testing or animal testing is that something that your uh lab the state police crime lab is is accredited or authorized to do no we do not do that type of testing and is that sort of sent out to an external vendor then yes that's correct and is that something that you had done on any prior cases or any previous situations where you had collected items and S it out to a specific lab for animal testing I did consult once with an external lab on taking those types of collections but this is the first time I've collected and actually sent something out for that type of testing and specifically in this type of testing and in this case what lab was what those items sent out to we use the UC Davis Veterinary lab in California and as far as prior to collecting or prepping or or doing anything as far as collecting samples from that who if anyone did you talk to or what if any direction did you receive in regard to collecting those samples I I'll allow it I emailed Terry who is the analyst is one of the analysts at the clinic who aided me in how best to collect the sample for their lab and what you were directed to do as far as collection packaging and shipping was that at the direction of of UC Davis La yes that's correct and you did you performed those functions in Conformity with what Miss told you correct yes that's correct now with regard to those items did you note uh with regard to the clothing items as far as the gray sweatshirt was concerned did you note any stains on those on those areas on that clothing item yes I did note stains in those areas and then what if any testing was done on those stains That You observe can you be more specific what stains you're referring to um so what I'm specifically referring to is um the items on the gray sweatshirt item 7-18 as far as any stains that you observed on there again sort of moving on from from what you had collected for the UC Davis lab but in other areas of that item um let me actually first turning back to that so the item that we were talking about as far as where you collected stains from that were sent off to the UC Davis lab which item were they collected from and where on that item were they collected I collected two swabs from the areas um around the excuse me from the around the damaged areas on the right sleeve I was I wasn't necessarily um taking them from any stains I did use the ALS to determine if there were any stains there which I did not visualize so I was doing that for potential saliva collection from that area and thank you for the collab I think that was me confusing as far as the questions go so um turning away from that area as far as the collection for the UC Davis lab in addition to that what if any stains Did You observe on that article of clothing 718 the the gray sweatshirt I also observed numerous red brown stains on that item of clothing and so with regard to those red brown stains what if any testing was done in those on each of those stains I performed a blood screening test as well as a blood confirmatory test and those the same sort of initial testing that you were screening test you were talking about before and then the confirmatory test yes that's correct a different screening test was used in the lab that was used at the scene due to a protocol change but essentially it's the same mechanism and was that with respect just to the gray sweatshirt or whe there other items of clothing of Mr o'keef that you uh tested with a screening test in the lab and a confirmatory test in the lab as I examined other items of clothing as well now if I could bring your attention back to what's now been marked as exhibits 222 through 230 uh your honor with the course remission if I could publish some of those photographs for the jury Okay and like first 9841 and what's been marked as 222 uh again you recognize what's picked up on the screen yes I do and with reference to your uh observations of the red Brown chains on that clothing or any other item of clothing similar to the tears or Cuts or the damage areas that you thr where those areas similarly marked with some sort of sticker yes that's correct and is it s of the same linear path as far as numbering or lettering or how do you how do you denot those for the red brown stains on this item I use letters starting with a and then sort of going through it is that correct yes that's correct and if have excuse me photograph 9842 again do you recognize what's up on the screen yes I do and what do you recognize that that would be red brown stain a that I noted on the sweatshirt and 943 and what's up on the screen which has my mark 224 do you recognize that as well yes I do and what do you recognize that to me those are red brown stains B and C that I noted on the sweatshirt and M if I could have photograph 9844 what's up on the screen now is exhibit 225 those are St that you labeled B C and F is that correct yes that's correct that's just sort of a foldout version of that to know where BMC were located on the sweatshirt is that fair to say yeah that's correct and M Gman if I can have a photograph 9846 and what's now up on screen is exited 227 and again Mr could zoom in a little bit on those and it's hard if you recognize what's up there on the screen is exhibit 227 yes I do these are two other things that you noted as far as d and e on the same item yes that's correct now ma'am with reference to uh the other photographs that I think you still have before you that I gave you when the stenographer was marking the last batch uh do you recognize generally what's depicted in those photographs yes I do and what do you recognize those to be these are photographs of item seven um 7-17 the orange T-shirt that was in um told was belonging to John o'keef in what's depicted in those photographs is that a fair andac of trailer what you observed as far as the orange T-shirt was concerned in your lab that day yes that's correct may I approach again your yes see to introduce next exhibits for it's 23141 thank you [Music] Mr L we have a few minutes before lunch do you intend to display some uh I think maybe if you do do it quickly do it now okay um if you're not let's we'll take a break jores we're going to take the lunch and break I want to see Council please all rise for the court please e e e e rise stands in recess to 130 something hey there Karen Reed trial Watchers this is a law and crime legal alert Google incognito tracked users browsing data without their knowledge yep well Mast tort Alliance one of our legal sponsors is actually helping users file for compensation due to issues surrounding Google users privacy through their Incognito browser so if you've used Google incognito anytime since 2016 you can start your claim in less than 10 questions at Incognito claims.com LCL live e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e all right so we have to do a better job of streamlining all of these exhibits um what I'd like you to do is every day no later than 8:00 in the morning let Madam court reporter know how many exhibits you think there are going to be for the day because you may or may not know but each sticker Madame court reporter puts the exhibit number the date and her initials and that takes a lot of time so if we can streamline that that would be much better how many more do you expect to have for today uh may we approach just on that okay e e e e e e you can line them up and bring them in okay you are unmuted by pleas [Applause] [Music] all right could we have the witness please [Music] [Music] just [Music] all right Miss [Music] Smiley um good afternoon M good after okay so with respect to the uh photographs that were just marked as exhibits of the orange T-shirt that was item uh that was marked as 7-1 is that correct I'm sorry uh 7-7 yes that's correct um so similar to how you had marked off uh areas of either damage or um red brown stains was that similar to what you what you did with the gry hooded sweatshirt is that similar to what you did with the orange T-shirt as well yes that's correct and then there were two other clothing items uh that you examined being a pair of jeans and a a set of sneakers correct yes that's correct and with reference uh to the jeans that was marked as item 7-1 is that correct yes that's correct and with respect to the sneakers that was marked as item 7-4 is that correct each sneaker had its own item number one was 7-3 and one was 7-4 and with respect to the uh evidence as far as the sticker and sort of the the denotations that you had made in regards to either damage or red brown stains was that similarly done with respect to each of those remaining clothing items as well yes that's correct any may approach yes respect to the Gen showing you a series ofs recognize those yes I do and what do you recognize those to be those are photographs that I took of the pair of jeans and what's contained in those photographs are fair anac or betrayal of your observations of those genes when you conducted your examination of them at the LA yes that's correct I approach anyone yes seek to introduce and all right and there's no objection you said Mr Jackson correct than I yes please your H if I may uh with the court commission publish uh some of the photographs in the packet from 232 to 241 okay Miss Filman if I could have excuse me photograph 9862 do you recognize what's up on the screen that's now been marked as exhibit 231 yes I do recognize that that's a photograph I took of item um 7-17 the orange T-shirt and it's the exterior front and M Gman 9863 and again this hard if you recognize what's up on the screen is ex 232 yes I do you recognize that to be that's the exterior back of item 7-17 and if I have 9867 and M gent if you could zoom in on of the upper right of that now M do you recognize what's up on the screen as 233 yes I do and again using the laser Corner if you could draw the jury's attention to any items that you any areas of this shirt that you mark on I marked three specific red brown stains using these stickers and letters a b and c if I could ask you to keep the zoom in but go to the bottom left and similarly this partnet within this zoomed in portion of exhibit 233 using draw attention what if anything you noted there I noted breed Brownstein D which I marked with a sticker and D on the bottom right last name 9873 and it's it um on the screen is now Mark 239 you recognize that yes I do and M Gilman if you could zoom in on the upper left photograph and again M hard if you could using the laser point just dra attention if anything you noted there I noted this specific red brown stain and I marked it [Music] e and your similarly with the Court's permission if I could publish what's been marked now is exhibit 242 through 249 okay if I can have photograph 9878 [Music] I miss part director attention of the screen with now mark42 do you recognize that yes I do what do you recognize that those that's a photograph of the exterior front of the jeans with the belt item 7-1 and if I could have 988 9887 and as you testified before similarly to the other clothing items that you testified about did you mark off certain items of Interest or areas of interest on this item as well with respect to change yes I did is that in this photog yes and M if I have 9 zo and again Miss Harden if you could using the laser point before you direct jury's attention to those areas that you noed uh or that you marked off in respect to this I marked off red bround stains a b c d and e on the front of those genes May wit [Music] yes AR showing you another series ofs you recognize what's depicted in those photographs yes I do and what do you recognize those to be these are photographs of the sneakers items 7-3 and 7-4 yes SE introduce next ex okay thank you [Music] thank you [Music] [Applause] Miss hardnet with reference to the sneakers and sort of the other uh clothing items that you uh received do you recall how or where or when it was that you received uh each of those respective clothing items or how the lab did you know they were received um by the lab from from the norfol um detective unit and as far as the sneakers being labeled with two different uh stickers do you know why that was one of the sneakers was recovered from 34 Fair viiew Road and one of the sneakers was recovered from the hospital now with reference to the photographs that I've just placed before you have you had a chance to look at those these ones here yes um no if you could and do you recognize what's depicted in those photographs yes I do and what do you recognize those to be those are the fingernail clippings that um were submitted for John O'Keefe and do you know where they were submitted from by the norfor county detective unit V yes call okay [Music] thank you and your honor with respect to each other those I'm not seeking to publish those to the jury at this time okay the lights back on please now miss har with respect to those stains on um the grace W shirt the orange T-shirt and the jeans um what if any testing was done with respect to those things a screening test was per performed on each of the REM brown stains on those items I'm sorry did you say the sneakers could could you repeat what items you're speaking of with respect to each of those respective clothing items um what if any testing was done with regard to any stains you observed on on those items for the sweatshirt the t-shirt and the jeans I saw visible red brown stains which I screened for blood the majority were also um I also performed a confirmatory test for blood there was one stain on the orange T-shirt however that was too small to perform that confirmatory test so for that instance I noted that the same was quantity limited and I preserved it after the positive screening test instead of Performing confirmatory test in order to preserve enough material for any DNA analysis as far as the sneakers given their dark color I did not see any visible red brown stains on the black area of the sneakers so I used an alternate light source to Aid in visualizing any potential blood on those sneakers with that alternate light source I tested several stains on the sneakers one of which screen positive for blood now with respect to the uh other clothing items that you were talking about doing the uh screening test and the confirmatory test for blood um with respect to the gray sweatshirt uh the orange T-shirt and the jeans what were the results of of that screening test and that confirmatory test that you ran with regard to each of those the screening test and the confirmatory test were positive now beyond the sayings uh did you take any additional samples uh from those items yes I did and what were those and how was that done for the um for each of the items I picked up any loose Trace material which would be hairs and fibers or apparent hairs and fibers that were adhering to the item I also did a scraping and swabbing for skin cell collection of the unstained areas and that involves taking a sterile scalpel and swabbing the areas of the clothing that don't have any visible stains on them and then taking two cotton swabs and swabbing that same area and then combining those scrapings and swabs for potential DNA analysis in addition to those I also took a um scraping of each of the materials and that involves taking the item using something like a flat metal spatula and scraping down whatever adhering material is left on the item into a glassine packet and as far as those items once they're collected from the material from the clothing what what do you do with them from there each of those items is given its own item number it's a sub item of the overall larger number used to Mark the item and those are sent to the appropriate units for additional testing and as far as preservation is concerned when it comes to sending something to either the trace unit or the DNA unit um what if any steps are taken in regards to uh preserving those items uh once they're removed from the clothing and and sent off to the other units each of those items would be preserved according to protocol they are sealed properly initial and dated with my initials and date they're entered into our limb system so those sub items could then be tracked throughout the laboratory and they're stored in the appropriate storage unit [Music] now at some point did you also receive items that were labeled as 3-2 and 3-3 I submitted those when I um returned from the original scene and what were those now those were pieces of glass from the bumper and a drinking glass from the crime scene now did you examine those items yes I did and uh what if any examination did you and and what is it that you were looking for in your examination I did a visual examination I and I took photographs and then I also took a collection from each of the items and did you do any testing on those items no I did not and what kind of samples did you collect from those items I took potential skin cell collection using a swab moistened with um sterile water and as far as the uh samples that you took from as well as the items themselves what if anything did you do with reference to those once you were done with your examination the swabs were preserved for testing in the DNA unit and the original items the apparent pieces of glass and the drinking glass were preserved for the trace unit as far as those preservations were concerned is that similar to the preservation process you were describing earlier with regard to uh the clothing items yes that's correct so both Mr and Miss Harnet you have to keep your voices up or we have to turn the air conditioning off [Music] understood I may have one moment yes thank you very much ma'am I don't have any further questions all right cross examination thank you m hard that you responded to Canton Police Department a lot of your testimony was about what happened in the sallyport correct yes that's correct um you were asked if you responded to the Canton Police Department on February 2nd and most of your testimony was predicated on that date going over there and doing some uh visual observations as well as some removal of items and some other testing correct yes that's correct um was it February 2nd or was it February 1st May I check my notes I'd appreciate it if you my apologies that was my error it was February 1st okay so everything that you testified to you only went once yes that's correct so everything that you testified to having taken place on February 1st we should assume it was actually febru sorry on February 2nd we should assume it was actually February 1st the one time you were there yes I was there one time okay um were you dispatched to the sally port and I apologize I'm I'm not yelling at you I'm trying to keep my voice elevated so just so you know not my normal speaking voice um you were dispatched uh at the behest of one of the Massachusetts state troopers correct yes that's correct the detective Bureau specifically right yes that's correct Trooper Proctor more specifically correct yes that's correct and Trooper Proctor you knew at that time to be the lead detective the person that was in control of the investigation may I check my notes who I wrote down as a lead investigator at that time it would refresh your recollection sure with the Court's permission yes yes I was told on seeing that Trooper Pro was in charge of the investigation all right um now while you were there one of the things that you did one of the things that you did initially was to just do an overview of the vehicle correct yes that's correct obviously that was important given the limited information that you had at that time about a potential motor vehicle pedestrian incident correct correct so you were looking for anything that would rise to a a level of investigative um concern uh regarding that vehicle right yes that's correct hence your review and and notation of certain scratches on the vehicle is that right yes which may or may not have anything to do with the incident but you noted It Anyway correct I did not draw any conclusions as to where those scratches came from okay you you just took the words right out of my mouth my next question the dent that you noted and photographed you made no conclusion that that occurred as a result result of a motor vehicle pedestrian incident correct that's correct the scratches and I'm just going to go through a couple of them the scratches that you denoted and photo or had photographed you made no conclusions about that having anything to do with a motor vehicle pedestrian incident correct that's correct even the broken tail light at that point you made no conclusions or Drew no scientific conclusions about that having anything at all to do with a motor vehicle pedestrian incident correct that's correct you did however look for Tissue human tissue blood biological material and things of that nature on the the car itself did you not yes I did in that review I think you testified that you saw nothing that suggested the transfer of human tissue to the vehicle correct I did not see any Vis visible stains or tissue on the vehicle you were told miss hartnet that there were scratches on one of the extremities of joh o' Kei correct that's correct were you shown a photograph of those scratches to assist you in your visual uh review or examination of that vehicle not at that time no to this date have you seen a photograph of his arm and the injuries to his arm yes I have um your honor if I may uh we have it could I display for the jurors from this exhibit 19 is this the one that's that's covered okay yes something [Music] M Harnet do you recognize what's depicted in exhibit 19 yes I do and you've seen that pattern of scatches previously correct yes I've seen a photo containing and that's consistent with the photo that you've seen since your visit to the sally port on June on sorry on February 1st correct that's correct all right was there anything in your by the way did you look at all around the vehicle 360 Dees yes I did did you look toward the top of the vehicle as well as well as toward the bottom of the vehicle I did not examine the roof of the vehicle say they I did not examine the roof of the vehicle understood did you examine the undercarriage of the vehicle I did look at the undercarriage of the vehicle and you know what I mean when I say undercarriage yes could you explain for the jurors what you mean when you use the word under Carriage the the parts that normally you would have to see by you know bending over or laying underneath the car to view what's underneath the vehicle that would include the frame and the axle and the drive shaft transmission things of that nature yes I'm not confident in all the terminology of the undercarriage but yes did you see anything that was suggestive of consistent with the pattern of injury that you see to Mr O'Keefe's right arm I wouldn't say I'm qualified to make any kind of pattern determination and what would match the injuries on his arm so the answer to my question is as you sit here you made no observation of anything on the SUV that matched these injuries correct I would be go ahead and go ahead and answer that I I wouldn't be able to testify from that from memory I don't have a photograph of the underc carriage nor did I make any kind of conclusions about that at the time okay understood and you didn't take any I'm sorry the the swabs and samples that you did take variously on the car all came back negative for human tissue Etc the testing that I did on scene from the various um areas of the undercarriage which I mentioned before the tire flaps the edge of the bumper and the exhaust pipe screened negative for blood okay Mr Jackson can we take this down I'm just going to suggest that thank you your honor um on February 1st 2002 in addition to taking some swabs from the vehicle itself you also mentioned that you took swabs of what you believe to be blood evidence contained in uh six Solo cups correct yes I noted those as Frozen red brown stains and in red cups uh were those Solo cups in any way labeled among themselves in other words Solo Cup 1 2 2 3 4 I don't believe they were but I don't have a photograph of that so I'm not 100% sure you did not there after label those Solo cups if they hadn't been done beforehand you did not undertake that to to label those Solo cups correct no I did not label them did you how did you take those swabs was the swab done in one solo cup or did you take a swab from all six or how did you take those those swabs that you ultimately did take I took those swabs from One Solo Cup uh how did you choose which of the six Solo cups you were going to take a swab from I don't recall exactly how I chose which cup I it was reported to me that those cups came from the same area of R brown staining so I ass you you make an assumption that they're all related it came from from what I was told it came from one area by brown stain at the scene and you of course know as a friends of criminalist that blood stains can can contain multiple contribut correct yes that's correct you don't know as you sit here which blood stain found at the seam related to which Solo Cup in the bag correct jaction I'll allow it no it was my understanding they were all taken from the same stain but I was not there from the same scene or stain excuse me it was my understanding they were all taken from the same stain okay if they in fact were taken from multiple stains you would have no way of knowing that as you sit that's correct and ultimately once you did take that um swab from that single Solo Cup what did you do with the rest of the of that blood evidence I left that with the Canton Police Department was there any of the by the way I I should ask this I've been saying swabs was there one swab taken of that one solo from that one solo cup or were there multiple swabs taken there were two swabs taken of those two swabs did you seek to do DNA testing or was DNA testing done on either one of those or both of them DNA testing was not done on those swabs so as we sit here now there's been no DNA confirmation of what the who those uh who that blood relates to I should say there was no testing done on it at all and so therefore we would not know if there were multiple contributors to those stains or that that swab that you took from that single Solo Cup that's correct okay and again the remainder of all of that Solo Cup as well as all the other five Solo cups was retained by Canton police at the Canton Police Department in the control of the lead investigator Michael Proctor correct I don't know who was in control of it once I returned it to the Canton Police Department who did you return it to at the Canton Police Department whom I should say I believe I gave it to a Canton police officer I don't know um which officer that was Michael Proctor was at the sallyport at the time that you were doing your examination correct yes that's correct did he not take control of it himself not that I saw I don't know who took control of them once I was done with my collection may have you just don't know correct okay um going back to some of the damage that you did note on the vehicle uh that vehicle looked like had been driven to a certain degree right objection can you answer that I'm not if you could clarify the question I'm not sure what you're asking terrible question uh let me try it again that vehicle was not a vehicle that had clearly just come off the showroom floor and had not been in use based on your examination I don't think I am qualified to make that kind of decision it looked like there was some normal wear and tear on the car other than the specific items that I pointed out earlier the dent and the scratches the exterior was in overall good condition so I can't say specifically if it was driven other I I don't think I can make that conclusion unless you want to rephrase the question you didn't have any reason to believe that car was in any other condition than it had been owned and driven by somebody right or could you make that conclusion I don't think I can make that conclusion so it could have been an absolutely brand new right off the the showroom floor car I I guess I don't have any understanding of what could have happened to it in the showroom I I'm not sure I I understand the line of questioning why don't we move along fair enough um I guess what I'm asking is did you you you've done some damage analysis in the past obviously this was not your first rodeo right I don't do damage analysis of some Vehicles okay uh did this car look like it had reasonably normal wear and tear on it that's my question I don't feel comfortable answering that question okay ultimately the right rear tail light housing was removed correct yes that's correct were you the person M haret who actually used the tools to remove that tail light be it screwdrivers uh riches anything else no who was that that actually did that work it was a k and police officer that had entered the garage and I as I was removing it um he offered to help he said he knew how to basically take it out of the housing which at that point I was not sure how I would do that okay I'd like to show you an exhibit that you'd been shown just a few minutes ago before the lunch break um 187 with the PS permission okay does that look like the the same uh housing that you removed from the SUV or you saw being removed from the SUV yes that that is the tail light housing that I submitted to the lab from the garage ultimately there was a swab taken you mentioned on direct examination of that tail light somewhere on the house correct yes I took a swab from that tail light where exactly did you take that swab from I took it from the outer exposed areas which would have been on the outer side of the vehicle so I did not take it from the internal what would have been the internal portion of the tail light when it was intact can you point with a laser pointer exactly where you swaped that tail light sure is there a way that um can it get zoomed in just a little bit so I can differentiate the silver in the front I'm having a little trouble is that zoomed in enough or do you need more I believe so let I can start so I took it from the the red area here that would have been exposed and then if we could zoom in a little bit more just on this front area so I can differentiate between the internal structures and the external was it one swab yes that's correct so you swab multiple areas with one swab and then submitted that yes so you don't know as you sit here where if any DNA was detected where that DNA may have come from no that's correct other than the general housing all together yes so that just to finish your previous question I did that's it just I couldn't see it um so this area here which would have been the external portion of the tail light so the areas I did not swab were any areas that would have when the tail light was intact been a protected by the outer plastic housing of the tail light is your testimony miss haret that what you just pointed to was the exterior portion of the tail at bottom left no just this this this piece of plastic here is the exter you know the exterior piece of plastic and you you swab that area as well as other areas on the exterior like the red upper right yes that's correct okay as you swab that the DNA test does not differentiate where you swab just that you swab correct yes that's correct that was all one swab one collection got it so we can't define whether the DNA was to the Upp or right on the outside of the lens or some other place that you pointed that's correct and of course you're you're familiar with touch DNA Etc correct yes that's correct touch an item walk away sweaty Palms good likelihood I just left some DNA on this Podium correct yes you can transport skin cells by touching an item thank you um we can take that down with the Court's permission sure you also indicated that you collected glass pardon me glass uh from the rear bumper of Miss Miss Reed's Lexus correct yes I have it as a parent class but yes as a parent class fair enough you labeled that as item 3-3 and it was five pieces of glass labeled a through e right A B C D E is that may I look at may I refer to my notes with the course permiss I'm just unfamiliar with the lettering a through E I don't believe I have that in my notes if you could refer to the document that you have is it possible that and and this is just ignorance on my part is it possible that once you submitted that for further testing somebody else may have labeled those individual pieces a through e you did not that's possible I I did not label them a through e okay got it understood uh thank you for that clarification as a matter of fact you labeled it as quantity one correct on an Evidence commiss form in the LM system that's correct each item is that quantity um value is only used for specific things so when I submit something as one item it is it doesn't matter how many pieces it actually is it's just I'm submitting it as one item so in other words one group that's correct but it's in so we're clear and I want to make sure that these numbers are crystal clear in that group under 3-3 there were five pieces of apparent glass that you recover correct I don't have the exact number in my notes and honestly it's it's difficult to tell from my picture so I don't want to say that I saw five pieces of glass did you not annotate that somewhere that that you recovered five pieces again I have a photograph of it but it's difficult to see on this printed page so I didn't specifically write five pieces anywhere okay well okay then let me let me see if I can do it this way instead of pitching let's catch the person that you submitted it to would have annotated exactly what the grouping was that you submitted to try to be accurate I'm the one that initially oh excuse me after the item was s to fingerprinting Then I inti then I examined the item but I didn't write down exactly how many pieces of glass were present I just took a photo and as you sit here you don't recall necessarily how many pieces you took off that bumper correct and the quality of the photo does not allow me to see that at this point okay let's take a look at that photo with the Court's permission this is exhibit 168 can we show that uh display that and if we could Mr B the Court's permission can zoom in on the area bigger than that capture all zooming in at this point and I would ask you this haret do you recognize this photo it's zoomed a little bit do you still recognize it yes do is that a photograph that you caused to be taken at the sally port on February 1st 2022 I believe it was February 2nd right did we or it's February 1st now we agreed it was February 1st and my my apologies um yes on February 1st I did request that photo be taken of the apparent pieces of glass okay and can you I know you can't see necessarily every piece can you use your laser pointer and point to eight piece sure okay got it so that's the largest of the pieces correct yes that's correct and it's correct that none of these pieces of GL of apparent glass were embedded in the bumper they weren't dug in stuck into that hard plastic correct no I do not have that they I do not have that notation that they were embedded just they were on the bumper as a matter of fact they were physically perched on top of that hard plastic uh horizontal bumper correct to my recollection they would just sitting on the bumper yes okay and do you know just in your experience and and if we could leave this up for just a moment while I ask the next couple of questions your honor okay um do you know where dayon Massachusetts is I know the general area how far would you say that is from can I don't know may maybe a half an hour I'm not exactly sure do your notes indicate that the vehicle was recovered from Dion and towed back to Canton and placed in the sallyport before you started your examination yes so if the and you also had been apprised before you began your examination that the incident in question took place in Canon correct yes that's correct so you knew as you were looking at this vehicle and doing your examination the vehicle had to have been driven by by definition from Canton to dyon and then towed back from dyon back to Canton correct I was informed that the car was recovered in Dion and ultimately either driven back or towed back one of the way some way it ended up backing in Canton correct yes okay so if if dyon is how far would you say dyon is from Canton again I'm I'm really guessing I would say maybe a half an hour U 3 miles potentially I I don't know exactly I was never Indi okay so according to your notes the glass pieces that we're looking at on the back of this bumper would have traveled let's call it for round figures about 60 miles in the blizzard before you saw it I don't know when the glass pieces were ended up on the bumper so I couldn't say and of course you knew that on February 1st you knew a few days earlier on the 29th there had been a pretty significant snowstorm here in Massachusetts correct yes I did have that information and that blizzard included high winds freezing rain snow all the all the good stuff with a blizzard correct I don't recall the exact um weather conditions of the blizzard but perspective after all of that whatever the that was you saw these five pieces just sitting perched on the top of the bumper not an not embedded in any way correct that's correct and you recover those with little bitty tweezers correct yes uh we can take this down with the Court's permission you testified on direct examination that you also found a hair on that rear panel the quarter panel of the car correct yes at the time of the scene I noted it was an apparent hair correct and the apparent hair I'll try to use that same word I keep forgetting you'll correct me that apparent hair um was not sitting on the horizontal bumper but on a a vertical portion of the cter pan correct that's correct um did you find the hair or was that hair pointed out to you by somebody else I believe I located the hair uh how exactly was that hair secured to that vertical panel if you can explain that it didn't appear to be secured in any way it was just on that quarter panel okay so it wasn't taped no it wasn't glued no wasn't stapled no it was not a fixed in any way whatsoever was just perched on that vertical panel of the SUV correct that's correct and for you to remove it and by the way this is you found this at the same time you found the general time that you found the glass pieces as well that's correct so that hair potentially would have had to make that same 60 mile round trip in the same Blizzard at the time I don't know when that hair was deposited on the vehicle right um and it didn't take you much to remove that hair correct I picked it up with a pair of tweezers didn't give you any resistance not that I recall okay I'd like to take a look at that hair if we can I know you've seen it just a few minutes ago I want to look at it one more time uh with the Court's permission these are exhibits 165 and 173 if we could start with 165 and publish those okay does that look like a closeup view of actually P back out may I do this a different way all right this is actually with the Court's permission I'll apprach yes thank you I may hand you those very briefly could you take a look at those four photographs and tell me if you recognize the first two to be exhibits 165 and 173 they're not marked on there but what you earlier looked at okay do those appear to be those two exhibits that you earlier saw Yes I don't know what numbers they were but I I do remember seeing these photos earlier fair enough and then this second two photos do those appear to be zoomed photos of the same two photographs yes they do with the Court's permission I would ask that the zoomed photos be marked as next in order is there any objections to l no you're okay approach yes [Music] thank you thank you may I inquire yes thank all right we're looking at what's previously been marked as 165 does that appear to be a photo of the hair would it be possible just to zoom in on that contest and just a little bit I'm just trying to read the the letter on the white marker yes so that correct so that hair looks as we're looking at it you will agree that hair looks like a almost like a backward C correct in other words it looks like it's more vertical than flat in that photograph correct I would agree it looks like a c on the side of the car if we could go to exhibit [Music] 173 and this is the same hair photographed a second time correct if we could again just zoom in on that sticker yes that's correct does it look to you like between the first and the second photographs that hair has moved it's no longer an inverted z c but a c I don't know that I necessarily agree with that I see the two ends which may have been which may still be making contact with the vehicle I can't make that determination based on this photo fair enough so that was sort of my next question I'll just ductail it this way did it appear to you that the hair which is curled was making contact with the vehicle on the top point and the bottom I would say from this photo I honestly can't tell if those two ends are coming off the vehicle or touching the vehicle I I just can't make that determination but you would agree that that hair was somewhat precariously perched on that vertical p panel objection I want to sustain the objection ask it differently uh we can Mr finish that with the court permission we can take that down if you take a look at the the zoomed photos that have just been mared Mar as 259 and 260 respectively can you took take a look at those side by side and when you're finished I'd like to ask you a question or two about those okay does it look from your perspective seeing those photos side by side that the hair appears to have gently moved just a little bit between the two photos I just don't think I can make that determination they're taken from different angles I I I I just don't know I see I can see that they have a curl in both but I don't know which ends are making contact or if the ends are coming off the vehicle okay may I approach on yes thank you thank you there's one more exhibit I'd like to take a quick look at and ask you a couple of questions about with the Court's permission exhibit 195 which is um a shirt okay do you recognize what's depicted in this Photograph yes I do and you saw you saw this just a few minutes ago on direct examination as well correct yes that's correct you indicated that you took two swabs from the quote area around damage numbers 1 through nine of the gray sweatshirt end quote correct yes that's correct right can you describe for the jurors how you took those swabs and were they of all nine or a select number of the nine how how did you do that I moistened two cotton swabs with sterile water and then I took those two swabs may I use the pointer to just show of course um and I vigorously swabbed around I don't know if it's working there we go um this entire area so every area of damage I swabbed around all of it using the same two swabs so it was one collection from all those areas one collection on swab one and one collection on swab two you just repeated the process no so I took them exactly at the same time so I held the two swabs together and as I'm swabbing I'm rotating the swabs to make sure that all the exterior of the swab is coming into contact with that material in order to collect equal samples or at least attempt to collect equal samples on each swab okay we can that than and you indicated that this was the first time that you had done swabbing specifically for the purpose of trying to find either keine DNA or anal that's correct had you been trained uh at the time that you took the swabs had you been trained to received any training or or any teaching about the relationship between keratinized tissue and DNA no do you know what keratinized tissue is no did you photograph exactly where any of those swabs were taken or just notate it in your notes I notated in my notes that overall photo is the photo that I used to describe the sample that I collected and I think it probably goes without saying you didn't videotape your swabbing technique on that shirt either correct that's correct you did include a handwritten note on your report that you found quote debris from t-shirt 717 and shirt 718 correct I performed a debris collection on each of those items I don't know if that's what you're referring to that is what I'm referring to okay okay so there was a note in your report that you had recovered some debris or done some debris collection correct that's correct and you indicated in your note that the debris was from shirt 717 and shirt 718 is that right may I refer to my notes with the thank you yes that's correct okay and shirt 717 is which shirt the orange T-shirt and shirt 718 is which shirt the long sleeve gray shirt all right so you took is it is the right word scrapings yes that's correct okay you took scrapings from both shirts is that right yes correct and then combined those together and submitted that as the quote unquote debris that was assigned a new uh a new item number 7-1 18.18 correct yes that's correct so as you sit here you don't know where the debris came from specifically other than the two shirts could be one could be the other could have been a combination of both yes that's correct did you describe in detail anywhere the actual debris that you found Little Fibers little hairs little pieces of green or blue or whatever if I were if I was able to pick out a hair or a fiber I would have attempted to do that from the debris collection the debris collection was just anything that was left on the item that I was not able to pick off okay and you did not note any debris item that was plastic or plasticine anything like that correct no I did not make any kind of um observations on the debris itself and there was no marker put on any part of the debris that was recovered correct that's correct and there was no photograph taken of the debris that's correct and there was no videotape uh of the of the debris collect correct okay um when you received item 717 and item 718 uh that came in one evidence bag did it not yes it did appr yes you wouldn't mind taking a look at that that's a photograph I'd ask you to review and tell me if you recognize it not the photograph but what's depicted in the photograph yes I do how do you recognize that this is the container that contained the it's a photo of the brown paper bag that contains the long sleeve Gray shirt as well as the orange T-shirt may I appr yes I could ask that Mark next order any objections to L [Music] no1 may approach yes thank you this evidence bag notes um let me start over this evidence bag is in the condition that it was in when you received it meaning the writing on the back was already there when you received it yes that's correct and it notes that it was these items of evidence were collected by Trooper Proctor correct yes correct and the date of collection was January 29 2022 is that right I'd have to relook at that of course for the date approach yes so you got an answer um the date on there is um January 29th 2022 so I don't have to walk back and forth May does that look like what you're looking at exhibit 261 yes that's correct thank you see if I can stand out of the way uh you see Trooper Proctor's name on the evidence bag is the person that collected it yes that's correct and it also has a description of what's in the bag and it shows both the orange T-shirt and the gray sweatshirt collected together and bagged together correct yes that's correct and the date again once again on the upper right is January 29 2022 correct yes that's you have no way of knowing as you sit here the journey that those two items of evidence took before they got to you in your lab correct yes they they're tracked as soon as they're entered into our laboratory system by us I didn't hear any of that I'm so my apologies the the item would be tracked as soon as it's submitted to our lab By Us by the crime lab thank you we can take this down your thank you um the debris that you ultimately got from the shirt or shirts um you don't know if that debris may have been in the bag and the shirts picked up the debris in the bag or otherwise correct correct because they were housed together yes stor together that's correct um you're all were you aware before you began your analysis on either one of those shirts that those shirts had been found at the bottom of an ambulance on the floor of an ambulance at one at one point I don't have any knowledge of where the clothing um what condition the clothing in was before I got it okay and that probably answers my next question but just for the record you don't have any knowledge personally as you sit here that either one of the shirts or both of them were floor of a hospital uh room as well I have no information about where the shirts were one of the things that you did indicate was was uh in your direct examination was how important it is to maintain sanitary conditions with evidence to avoid contamination correct that's correct for instance you wouldn't want to take the swabs that you so carefully utilized to swab an item of evidence and then oops drop it on the floor you would have to discard that item and then start over correct if a swab is dropped on the floor we don't discard it we would preserve it but that would be a note that we would have to put in our file and that yes that swab would not be tested any further right because of the possibility of cross-contamination correct and at least according to the evidence bag those two shirts were in the custody and control of which Trooper before you got them Trooper Proctor collected the evidence according to the bag thank you ultimately uh Miss hartnet every single piece of tail light material and clothing that you've described in your testimony today on directing cross- examination all of that evidence was presented to you or to the lab at one time in one bundle on March 14th 2022 correct no that's incorrect which portion was in the lab before March 14th the tail light that I collected from the um vehicle was submitted prior to that as well as any other items that I took from the vehicle okay that was a was a great answer and my mistake I knew that and I forgot so the tail light housing you took on the first correct okay every other item other than the tail light housing itself which you took personal possession of all the tail light fragments all the clothing orange shirt gray shirt jeans shoes everything was all submitted in one Fel swo on March 14th 2022 is that right no what else am I incorrect about so I just wanted to clear anything that was collected from the vehicle as well as the swabs from the red Solo cups and the drinking glass that I was presented to presented with at Canton py was submitted by me on February 1st um the other items the clothing items were submitted together and then there was another submission that had the fingernails and and The Gnome blood standards there were several submissions so I I'm hesitant to lump it all into one because it did happen on different dates okay fair enough can we agree that the earliest submission with the exception of the stuff that you actually took with you from the Sally the tail light material whatever swabs you took I'm I'm sorry the the tail housing and whatever swabs you took all of the other material that was submitted to the lab all of the other evidence earliest date anything was submitted was March 14th 2022 I'm if you don't mind I'm just going to take to look at my submission forms just to clarify yes I think I show Mr is that a copy of your submission form yes it is okay if you could familiarize yourself with that for just a quick second yes [Applause] sorry okay uh may I approach one more time I have one more document I'm going to ask you to take a glance [Music] at do you recognize that document yes what is that document the second document that I just hand this is a printed chain of custody report from our laboratory information management system commission I'd like to Mark uh the first document's name again I want to get it right it's the evidence submission form for submission evidence submission form for submission Sage document if I have that and then the um chain of custody my apolog is there an objection Mr L yes to both so the objection sustained unless you want to convince me otherwise I I'll have a mark for ID at for for the time being that's fine that's okay with the court yes need okay you've got a lot of your post it's on the other one do you want to take it off I was G to actually ask a lot faster witness guess go back to the witness with the please if you could take a look at what's been marked is VV that's the U that's the log okay I just want to go through this relatively quickly um with regard to plastic pieces that were submitted if you look on page for instance page 11 where a tab is yep that shows that that piece was submitted on March 14th correct yes that's correct and there was a piece submitted uh on March 14th on page notated on page 12 what item are you referring to it's a plastic piece yes correct page 13 another plastic piece yes submitted on March 14th and page 14 another plastic piece yes that's correct page 15 another plastic piece correct and Page 17 sorry yes that's correct and then if you turn to the next page page 18 that's the orange T-shirt it shows its submission date correct yes that's correct and what's that date March 14th and then on page the bottom very bottom of page 20 going into page 21 there's another item the gray t-shirt or gray sweatshirt yes that was also submitted on March 14th okay thank you I may approach yes thank you so we need those they're marked for identification I was I'm not sure if I'm going to use it one more time put them up on the bench and you you can grab them of course May yes is heart before you received all of the items that we've talked about and all the items that you've testified about with the exception of the items that you physically took with you from the Sally cour everything else that you've testified to was submitted to you on March 14th or after correct that's correct and all submitted by Trooper Proctor correct I don't I know they were all submitted by the norfor county detective unit I don't know the specific officer that necessarily dropped them off at the lab um can you answer the question based on the log information that you have and the chain of custody that's in front of you can you answer the question whether triple Proctor or anybody else stored the tail light lens material and the clothing in the same place or in the same bag before you received it I'm sorry can you just repeat that question one more time based on the log information that you have in other words the chain of custody that's in front of you that you can absolutely look at and and determine where things were and who had them can you tell us whether or not Trooper Proctor or anybody else stored any of the tail light material and the clothing in the same place or even in the same B no I don't have any information to how the evidence was treated before it was received in the lab in fact that's because there is no chain of custody for that data I'm sorry for those items there's no data for those items predating March 14th correct objection sustained you you don't personally have any chain of custody information about those items we just went over predating March 14th do you I personally do not not have any data um that would indicate where those items of evidence were prior to them being accepted into the lab and one of the reasons why you have such detailed chain of custody protocols is to maintain control over where items go and how they're handled and by whom correct that's correct thank you nothing okay anything [Music] Mr just a couple now the vehicle that you observed uh the defendant's vehicle in the sallyport of the cam police station that was in general generally overall good condition other than the areas of damage that you noted on the right rear correct yes that's correct and when you were swabbing uh the swabs that you took from the tail light housing that you then later submitted to DNA that was a tail light housing that you took from the Canon police station correct yes that's correct you logged that into the lab yes I did you took those swabbing and then you packaged them and you sent them to the DNA correct yes that's correct and all of those swabbing were taken from the exterior area of that uh tail light assembly is that correct the the objection sustained is to the form with regard to those swabbing that you took from the tail light housing where on the tail light housing did you take them from I took them from the what would have been the exposed area of the tail light should the tail light have been intact so I did not collect from any of the interior portions of the tail light that would have been protected by the exterior plastic piece now at the time that you were looking at the vehicle in the sally port of can police station do you recall um what the temperature was inside the garage no I don't have that information was the temperature the same inside the garage as it was outside of the garage if you know was it heated at all I don't know if it was heated as far as uh the vehicle itself was concerned when you saw it in the garage did you see any sort of frozen snow or ice or anything like that on the exterior of the vehicle not to my recollection no I have nothing further on on that limited bit one followup question may I approach yes if you take one more look at that uh what's been marked for identification is uu that's the evidence submission form correct yes that's correct who signed that form objection so the objection sustained unless you want to see me at sidebar I'll ask it a different way is on the bottom of form Jack it's the same question do you do you want to come up do you want to come up to side may I have e you are unmuted thank you with that I have no further questions all right all right miss hartnet you are all set thank you thank [Music] you all right your next witness Mr L yes the the call mi Ashley valer to the stand you going step right up here just watch your step for me you the the court and jury the case down here truth hold nothing but the truth so help I [Music] do so Mr L would you remove the good afternoon would you remove the exhibit that's on the witness T please thank you all right Mr L whenever you're ready thank you good afternoon could you please state your name and spell your last name for the jury my name is Ashley valer spelled a VA l l i e r and Mi valer what do you do for work I'm a forensic scientist at the massachusett state police crime laboratory all right so mix V I'm going to ask you to keep your voice up what we've been doing is we've had to turn the conditioning off and we can't hear okay thank you all right how long have you been employed at the state police crime uh just over five years and if I could ask you just a little bit about uh your educational background starting with your undergraduate work where did you go to school for that uh I have a Bachelor of Science degree in Biochemistry and cell biology from University of California San Diego and following uh your receipt of that degree where did you go from there uh I have a master of science degree in biomedical forensic Sciences from Boston University and uh once you received that Masters um where where did you go to work after that um I worked at the broad Institute for about six months before getting a job at the Massachusetts State Police crime laboratory as far as your work at the Bro Institute that's located in Cambridge is that correct correct and what type of work did you do at the at the bro um I worked for the center center for the development of Therapeutics Department um doing quality control checks on compounds that they think could have potential to be therapeutic drugs and so you went to work for the uh Mass state police crime lab or the mpcl in in early 2019 is that correct correct and when you first went to work for the MSB what what unit were you initially assigned uh the Trace arson and explosives unit is that the unit that you still currently work in it is and so you started with the lab as a forensic scientist one is that correct correct and so what sort of steps or what kind of training did you go through in order to go from being a forensic scientist one to being forensic scientist to that you are um a forensic scientist one is the initial job that you're hired as um after you've been at the lab for a year and once you're qualified and signed off to do casework um you become a forensic scientist too now within the trace unit can you describe to the jury sort of what types of things you're looking at or what types of analysis that you do uh with regard to working in the trace unit specifically um what I do or what the unit does first as far as in general terms what is a unit um the unit has a lot of disciplines um so there's fire um fire debris examination explosives examination um serial number restoration gunshot residue analysis um fibers paint glass physical match Trace recovery and specific to yourself what what is it that you do within the trace I do gunshot residue analysis Trace recovery and physical match analysis and as far as each of those respective categories is those are the things that you've done essentially your time there especially as a forensic scientist too yes now with regard to um as far as the physical match component that you were talking about um can you explain to the jury just again in general terms sort of what goes into that or what what are you looking at what are you doing uh in regards to your analysis that um physical ma excuse me physical match analysis is looking at um two or more items that have broken or irregular edges um and seeing if they fit together like a sort of like a jigsaw puzzle and when you're doing those examination of various items with respect to that what types of instruments are you using or what types of of ways are you looking at these from an instrumental perspective um it's mostly the stereo Zoom microscope which is a microscope that's mounted on a stand um so that it can look at larger objects and not just slides like like in science class now over the course of your uh work with lab um you're familiar with that the lab is accredited is that correct correct and that's accredited by uh an organization known as AAP correct and with respect to that accreditation uh what if any um what if any testing or what if any examinations or continuing education do you have to undergo in order for that accreditation either for yourself or for the lab itself um as part of the accreditation um every or analysts that are signed off to do casework um do proficiency tests every year and have you done proficiency testing over the course of your five years with the lap I have and specifically what types of areas have you taken proficiency testing in um I've taken proficiency tests in gunshot residue analysis and physical match cases so with respect to sort of each of the various work areas of work that you uh that you do within the lab is that correct um except for Trace recovery but yes and with respect to each of those uh as far as the uh proficiency testing was concerned uh you've successfully completed each of those I have now if I could um turn your attention to um at some point um over the course of your work within the trace unit in the lab did you become involved with the lab case number uh 22- 02184 I did and uh there's a name that's associated with that number as well is that correct a name a name as far as a suspect or a defendant or something like that um yes and whose name is that um Karen Reed and as far as your work within the trace unit how is it um that you came to be involved what piece of of analysis did you become initially involved in with respect to M's kids um I was assigned to do physical match and analysis on well many different items um before we get to um the physical match um was there something um what if anything were you asked to do with regard to some cling items uh associated with the Jal um I believe I later received debris that was collected from those clothing items and so debris specifically uh do you recall which clothing items you received agree from um I do not not without looking at my notes your honor with course submission May the winess look at her notes yeah go right ahead and as you remember refreshed as to which items of clothing you looked at um yes so it was well I didn't look at clothing I just received the debris that was already packaged um so was labeled as coming from jeans boxer shorts sneakers um a gray long sleeve shirt and an orange T-shirt now with respect to uh each of those items had a had a lab sort of label number associated with it is that correct correct is in your understanding that uh the larger piece of clothing would have been labeled 7- something and then the debris from that uh clothing would have been labeled 7- same thing Point whatever does that sound familiar it does yes and so with specific reference to um item 7- 18.18 uh that was debris from an orange T-shirt is that correct yes um and specifically I'm sorry debris from an orange T-shirt and a gray long sleeve shirt correct correct and from your analysis of of that debris what if any um what if any examination did you do of that debris that was provided to you uh within the Tracer um so each of these items was packaged in a in a fold um so I opened up the fold and looked at the items under the stereo Zoom micr scope um and documented it with photos and as far as that um item 7-1 18.8 what if anything did You observe as far as contained within the debris from that item specifically um may I look at my notes yes okay thank [Music] you okay um there was apparent dirt debris many black gray blue and orange apparent fibers several pieces of red apparent plastic several apparent hairs one piece of green material and one piece of clear apparent plastic and the clear apparent plastic uh what if any measurements did you conduct with reference to that it measured approximately 1/8 of an inch by 11/16 an inch of an inch now from your analysis of those items um what if anything do you know where within the lab they went following your your analysis there um I believe another analyst in the trace unit then looked at those items and that would be a are you familiar with another person who works in the trace unit named Christina Hanley I am and so what if any uh training does Miss Hanley have uh that you do not have in in order to conduct that sort of further analysis um so Christina Hanley is the tra supervisor um and she has signed off to do um case workk in fibers um miscellaneous paint um glass you see the other Trace disciplines that I am not so essentially those items contain within that debris were something that you examined my microscopically made observations of took measurements and then they went to M handling correct now with respect um to you mentioned some a variety of of plastic items that that je examed correct um of the initial items that I looked at yes yes and um what were those um generally speaking what were those initial items that you look um there were o um many different items containing um that I believe were recovered from an address but I would have to look at my notes to go ahead um so uh they were all labeled as coming from as recovered from 34 Fair viiew Road and um what types of items were they specifically that you that you um so it was many pieces of a parent plastic and a parent glass and one drinking straw and those items were generally labeled as items 7-5 through 7-19 is that sound famar yes and with reference to um the process um in general terms of of when you receive these items can you explain to the jury sort of your process and what you did and what you looked at uh as you went through each of these respective items um sure so um for beginning a physical match case you'll always look at the questioned items first um which are the ones that you don't know where it came from like here their labeled is coming from the road so you don't know where their actual source of origin is um and so what we'll do is we'll scan that that item into your into my custody um and then I will document the packaging with photographs um and then I'll open that item and then document that item as it is um and if there are multiple pieces each piece will get um a designator like piece a piece B piece c um all this gets documented written down in my notes and in photographs um if any of those pieces look like they could possibly fit together um then I will look under the stereo zoom and see if they do in fact fit together um and document it if they do um and then once I've finished documenting that I'll repackage it in the original packaging um and then if there are multiple items like in this case there were um then once that first item is sealed up um then I'll clean my bench and then I'll open the second item and do the same thing until all of the items have been documented and um again if you could describe to the jury sort of the the physical process of what you did in this case with respect to these items as far as how were you looking at them sort of physically what did you do with those items um so like I said I I opened up each of these items individually took photos took notes um looked at them under the stereo Zoom um stereo Zoom microscope um and then looked at my photos after I had all I had looked at all of them they' all been packaged in in their original packaging um and I looked at the photograph to see if any of those pieces could possibly fit together um and then once it once I looked at the photos and saw that it looked like there were possible physical match fits among those questioned items um then I opened up those items um and looked to see if they like in real life versus just on photos um see if they could have a potential physical match um and then when if it looked like it did then I brought them together um and looked at that in the St Zoom to confirm if there was a physical match um I may approach yes [Applause] this where I'm showing you a series of nine photographs just actually look at those finish [Music] that [Music] do you recognize those um yes and what do you recognize those to be um item 7-5 and is that how it was presented to you or shown to you as far as the the evident fact that you opened and the items that were contained within um I mean this is just a picture of the seal not the entire bag but yes seek to introduce no objection for it's 262 you was with the court commission may I publish uh some of these photographs in the jury please okay and Mr genten if like have photograph 1905 than play what's up on the screen is photograph 1905 which is now been marked 262 do you recognize that I do and is that the evidence fact that you were presented with to items labeled at seven um that's the seal on it yeah now just in general terms as far as this process that you're talking about for fit fitting the puzzle pieces together um how long and how laborious a process uh did that int um it in this case specifically yes um there was there were many items to look at so it did take quite a bit of time and if I can have a photograph 198 and you recognize what's up on the screen which has now been marked as exib 263 I do is that one of the pieces that you have from item 7 um those are the three pieces in item 7-5 so three pieces from that were all red apparent plastic pieces from that same item is that correct yes [Music] you another seven photographs and do you recognize what's depicted in those photographs I do and what do you recognize those to um the seal and then the items from item 7-6 and what's contained in those photographs is that a fair andac patril what you observed when you were doing your analysis in the lab yes introdu [Music] if it's 271 277 thank you and your H with courtmission if I could publish some of those photographs to the time okay if I can have photograph 1921 [Music] and if you could just rotate that so what's up on the screen and that's photograph 1921 and 271 um that is the evidence bag box that contains the items Reference Lab item 7-6 is that correct correct and with reference to that as far as the labeling is concerned these are items that were submitted by saf correct um uh yes it's from the lab labeling that's exhibited in labeling that's being shown in exhibit 271 that actually has an indication of who the submitting agency is and the date that the item was collected correct [Music] um presumably I don't know because that's not our lab's labeling system um it fa to say as far as you your observation of these evidence bags as you were opening them or boxes as you were opening them they had different dates on them some of them is that correct um I don't know I don't know um Mr com if I get that photograph 1924 and again what's up now looks up on the screen that's now been marked as exhibit 272 um these were the items that were marked within that box or that bag of item 7-6 is that correct correct it appears two pieces of of clear plastic correct uh apparent plastic yes may appr wit [Music] yes bring you another series of photographs if you can review those open your [Applause] finish for [Applause] and do you recognize what's depicted on those photographs ma' I do and what do you recognize those to be um the item 7-8 and again Fair andac betray what your observed in the lab with reference to item 7-8 yes up to introduce for in your honor with the cour commission may I publish some of these photos to the jury as well Mier with regard to uh the items that were contained with variety bags of boxes that you would reive as evidentiary items what if any difference was there between sort of color the size the shape of of the different items that you receiv sorry what can you repeat the question were they all sort of uniform as to their color as to their size as to their shape or what if any differences did you know between um between the items that I've already that we've already published or just all of them in all of them in general um so some of the pieces were clear parent plastic some were clear parent glass um some of them are red apparent plastic um some of them was some of them were silver colored apparent plastic and as far as the the size of of these uh pieces of of plastic or glass that you haded were they how would you describe sort of their their physical size shape things that nature um some of them were very small um and some of them were larger can't tell you the dimensions without looking at my notes and and you took measurements with respect to each of the pieces that you analyzed each of the pieces that you examined and each of the pieces that you ultimately try to uh find a match for correct correct uh Miss Gilman if I could have photograph 1 1931 and what's up on the screen is now 278 item 7- yes and Miss Gilman if I could have 1934 now what's contained in this exhibit up on the screen number 279 you recognize that as contents that were collectively sort of labeled as item 7-8 I do and so from a variety of those different U pieces that are depicted up on the screen uh and Exhibits uh 279 um each of them would have been respectively labeled as far as say 78.1 or 7-8 something else is that fair to say um so the the laboratory um numbering system where goes 7- 8.1 um that's if you take like a sub sample um so if I had collected like debris or something off of this out of this item um that would then be labeled 78.1 because it's a new entry in our limb system um these are just the different pieces in 7-8 um in my notes I gave them labels such as piece a piece B piece C all the way down to um well however many there were you label them individually as sort of letters is that correct correct house photograph 198 zo just a little bit in on that and let's pick it up on the screen within this exhibit of 282 do you recognize that I do is that one of the pieces uh that was submitted within this as far as 7-8 U that you examine throughout the course of your your analysis here corre oh it was there's actually two pieces in that there's the large one in the middle and there's a very small one up in the corner okay e e e e e e all going next you Jesus [Music] time Jesus Christ [Applause] my and stu okay you are unmuted [Music] thank [Music] you post wit again you yes you recognize those ma'am I do what do you recognize those to be um photos that I took of item 7- 10 yes again you're honor with Court's Mission if I could publ that to jur okay [Applause] 1952 and M what picked up on the screen that um the bag of box that contains it 710 yes if I have 1955 again what's up on the screen is that the item that was contained within that evidence yes winess again [Music] yes another series if you can few those we finish [Applause] sh [Applause] M do you recognize what's depicted in those photographs I do what do you recognize those to be um the packaging that item 7-9 and 7-19 came in and what's contained within those photographs is that a fair and active portrayal of those items when you receive them uh at your station and within the tra unit it is may approach yes seek to introduce an M as the next okay phographer Market for [Music] 36 39 thank you in your honor with court commission may have publish uh what's now been marked as 296 through 309 yes photograph and again make what's up on the screen is that the evidence bag of box that contains uh those items that you testifying about 7-9 7 19 yes now with regard to uh it's going if I get out photograph 1962 next lay now what's been uh depicted up on the screen and been marked as exhibit 297 if you zoom in a little bit now contain within this are three clear the black you um I'd have to look at my notes to see what I wrote The M my other question Theiss yes go ahead look at youres and uh after refering to your notes what what type of material is that uh three pieces of apparent plastic um now I'm just going the item that's contained above those three uh pieces of apparent clear plastic what um that is item 7-9 that is a black straw and if I can have photograph 4 it what up on stream expl now and has been as 299 is that essentially the STW ruler with its measurements is that correct yes thank you now with reference to uh the photographs that I asked you to look at before have you had a chance to review those I have and do you recognize what's contained within those I do and what do you recognize those to be um the photos I took of item 7-1 and what's contained in those photographs of item 7-1 is that a fair NE portrayal of what you observed in your lab when you conducted your analysis and reference to this case it is you're on call Se to introduce and admit as the next exhibits okay just for thank you and your permission if I could publish um yes pH 1979 again Flair what's up on the screen is that the bag uh evidence bag that contains item 7-1 yes and for the record that's when mark10 if I have 1982 and again thiser was picted up on the screen an exhibit 311 is that the items the pieces of plastic that were contained within U the aformentioned evidence B yes now with regard to the photographs that I just placed before you before have you had a chance to review those as well I have and do you recognize what's contained within those photographs uh photos of item 7-14 and what's contained in those photographs of item 7-14 is at a fair and accur betrayal of what you observed in your lab when you conducted your examination in this case it is thank you're SE to introduce 325 32627 thank you photogra 209 if I can draw your attention up to the screen just for a moment now marked 3.5 you recognize that is I do that's that contain is that correct yes2 again what's up on the screen is that the item that contains label sorry I need what's picted on the screen is that um a far betrayal of what was contained in the exhib bag from the previous exhibits uh labeled as it 7-4 yes thank you I'm sorry I interrupted were you able to review uh the bulk of those photographs that I just placed before you uh yes and uh do you recognize those yes and what do you recognize those to be uh the photos of item 7-12 if I could excuse me ask those be marked as the next okay 328 42 thank you [Music] Miss kilman if I could have a photograph 205 Mr I direct your attention up to the screen um what's contained and what's marked now is 328 those the evidence fact that contain the items uh labeled at 7-12 yes and I could have 02018 M directing your attention up to the screen and once now Mark that 329 those the items that were labeled collectively as 72 that were contained within that evidence back prior to yes as far as those photographs uh that I presented to you a moment ago have you had a chance to review those as well I have and uh do you recognize what's contained within those photographs I do and what do you recognize those to be um photos of item 7-13 and what's contained within those photographs is that are fair and ACC betrayal of what was contained uh or labeled as item 7-13 it is approach yes for for 33 3 thank you thank you very much uh Miss kilman if I could have photograph [Music] 1997 and Mr Clair was depicted on the screen in that photograph which now been marked 033 is that the evidence back that contain the items labed 73 yes andman if I canut and directing your attention to the screen uh those the items I contain within that exhibit from prior exhibits colly labeled by the lab 7-13 yes as far as the photographs that I had placed before you have you had a chance to review those I have and uh do you recognize what's depicted in those photographs I do what do you recognize those to be uh photos of item 7-15 and what's contained in those photographs is at a fair and accurate portrayal of what was contained in items uh excuse me item 7-15 it is okay hold on one second have a court reporter yeah for [Music] [Applause] 32 368 thank you thank you very much Mr L those are the last exhibits we'll be doing today okay 2072 than i' like to direct your attention to the screen U you recognize this as the evidence bag that contains item 7-5 uh that's now been marked as exhibit 352 I do and uh if I could have photograph 2077 again what's up on the screen those the items that were collectively U identified by the lab as it 7-5 from that evidence bag contained in the prior yes [Music] [Music] now Mr as far as your analysis was concerned with regard to each of these items uh and we'll get to that a little bit I think uh the next time but with regard to um the labels that you assigned to them as far as the letters of the alphabet A through whatever uh letter that you went um when you were conducting your sort of physical match analysis uh how was that shown on a particular piece or did you label those pieces or how how are we able to sort of quantify that um the pieces that were large enough to I printed out labels from a label label maker with the lab number the item number and then the piece that I the letter that I assigned it so ABC um and my initials and those are on on the pieces and then as far as those pieces were concerned if you were able to um find some consistency between say piece a and piece b um and you were able to sort of fit them together what if anything did you do to memorialize that sort of physical method um within the same item um if there were two pieces that fit together I documented that with photos um wrote it down in my notes um and then if it's with if it sorry excuse me if it was within the same item um I held it together with tape and then repackaged it still together as a single piece and as far as these uh consistencies or or the matches that you were examining or looking for was that solely within piece to piece or uh at some point did you also look at as sort of a larger piece as far as a housing unit for a tailor um for this case yes yes and with regard to pieces that you had sort of put together what if anything were able to do with regard to some of those pieces and the uh tail light housing item 3-1 um so um from those items that we just saw um from I was able to piece one larger piece with um many of those pieces all fit together into one piece that I then called piece one um there are some other pieces that also fit together among those question ones that I called piece is two piece three piece four and piece five um piece one um was a physical match with item 3-1 the tail light your honor um I I think that may okay all right so um Mi we're going to have to have you back on okay um going to ask you to wait jurus so we don't meet tomorrow we'll meet Wednesday and we'll go a full day Wednesday with an abbreviated line and sometime between 4 and 4:30 so please do not discuss this case with anyone don't do any independent research or investigation into the case if you happen to see here or read anything about the case please disregard it I know we took a long time today we're getting exhibits in before you but it's a very important part of the case and it does just take some time so we appreciate your patience all right we'll see you on Wednesday you are muted thank so I was just talking to mix valer about whether I needed to call Lawrence court for her or not so you are all set thank you very much all right you don't need me for anything until Wednesday we'll see you Wednesday all right hey there Karen Reed trial Watchers this is a law and crime legal alert Google incognito tracked users browsing data without their knowledge yep well Mast Tor Alliance one of our legal sponsors is actually helping users file for compensation due to issues surrounding Google users privacy through their Incognito browser so if you've used Google incognito anytime since 2016 you can start your claim in less than 10 questions at Incognito claims.com LCL live e so we'll see you on Wednesday thank you e