Commonwealth v. Read — Trial ArchiveAshley Vallier — Direct (Part 1)
458 linesWhereupon, ASHLEY VALLIER having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: All right. Mr. Lally, whenever you're ready.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good afternoon. Would you please state your name and spell your last name for the jurors?
MS. VALLIER: My name is Ashley Vallier, spelled V-A-L-L-I-E-R.
MR. LALLY: And, Mx. Vallier, what do you do for work?
MS. VALLIER: I'm a forensic scientist at the Massachusetts State Police Crime Laboratory.
JUDGE CANNONE: Mx. Vallier, I am going to ask you to keep your voice up.
MS. VALLIER: Okay.
JUDGE CANNONE: What we've been doing is we've had to turn the air-conditioner off when we can't hear.
MS. VALLIER: Okay.
BY MR. LALLY:
MR. LALLY: And how long have you been employed at the Massachusetts State Police Crime Lab?
MS. VALLIER: Just over five years.
MR. LALLY: And if I could ask you just a little bit about your educational background, starting with your undergraduate work. Where did you go to school for that?
MS. VALLIER: I have a Bachelor of Science Degree in Biochemistry and Cell Biology from the University of California, San Diego.
MR. LALLY: And, following your receipt of that degree, where did you go from there?
MS. VALLIER: I have a Master of Science Degree in Biomedical Forensic Sciences from Boston University.
MR. LALLY: Once you received that master's, where did you go to work after that?
MS. VALLIER: I worked at the Brode Institute for about six months before getting a job at the Massachusetts State Police Crime Laboratory.
MR. LALLY: And, as far as your work at the Brode Institute, that's located in Cambridge; is that correct?
MS. VALLIER: Correct.
MR. LALLY: And what type of work did you do at the Brode Institute?
MS. VALLIER: I worked for the Center for the Development of Therapeutics Department doing quality control checks on compounds that they think could have potential to be therapeutic drugs.
MR. LALLY: And so you went to work for the Mass. State Crime Lab or the MSPCL in early 2019; is that correct?
MS. VALLIER: Correct.
MR. LALLY: And, when you first went to work for the MSPCL, what unit were you initially assigned to?
MS. VALLIER: The trace arson and explosives unit.
MR. LALLY: Is that the unit that you still currently work in?
MS. VALLIER: It is.
MR. LALLY: And so you started with the lab as a Forensic Scientist I; is that correct?
MS. VALLIER: Correct.
MR. LALLY: And so what sort of steps or what kind of training did you go through in order to go from being a Forensic Scientist I to being the Forensic Scientist II that you are now?
MS. VALLIER: A Forensic Scientist I is the initial job that you're hired as. After you've been at the lab for a year and once you're qualified and signed off to do casework, you become a Forensic Scientist II.
MR. LALLY: 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 with regard to working in the trace unit specifically?
MS. VALLIER: What I do or what the unit does?
MR. LALLY: First, as far as in general terms, what does the unit do?
MS. VALLIER: The unit has a lot of disciplines. So there's fire debris examination, explosives examination, serial number restoration, gunshot residue analysis, fibers, paint, glass, physical match, trace recovery.
MR. LALLY: And, specific to yourself, what is it that you do within the trace unit?
MS. VALLIER: I do gunshot residue analysis, trace recovery and physical match analysis.
MR. LALLY: And, as far as each of those respective categories, are those the things that you've done essentially your time there in your specialty as a Forensic Scientist II?
MS. VALLIER: Yes.
MR. LALLY: Now, with regard to as far as the physical match component that you were talking about, can you explain to the jury just again in general terms sort of what goes into that or what are you looking at? What are you doing in regard to your analysis with that?
MS. VALLIER: Physical match analysis is looking at two or more items that have broken or irregular edges and seeing if they fit together sort of like a jigsaw puzzle.
MR. LALLY: And, when you're doing that examination of various items with respect to that, what types of instruments are you using or what types of ways are you looking at these from an instrumental perspective?
MS. VALLIER: It is mostly the stereo zoom microscope, which is a microscope that's mounted on a stand so that I can look at larger objects, not just slides like in science class.
MR. LALLY: Now, over the course of your work with the lab, you're familiar that the lab is accredited; is that correct?
MS. VALLIER: Correct.
MR. LALLY: And that's accredited by an organization known as ANAB?
MS. VALLIER: Correct.
MR. LALLY: And, with respect to that accreditation, 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?
MS. VALLIER: As part of the accreditation, analysts that are signed up for casework do proficiency tests every year.
MR. LALLY: And have you done proficiency testing over the course of you five years with the lab?
MS. VALLIER: I have.
MR. LALLY: And, specifically, what types of areas have you taken proficiency testing in?
MS. VALLIER: I've taken proficiency tests in gunshot residue analysis and physical match of pieces.
MR. LALLY: So with respect to sort of each of the various areas of work that you do within the lab; is that correct?
MS. VALLIER: Except for trace recovery, but yes.
MR. LALLY: And, with respect to each of those as far as the proficiency testing was concerned, you've successfully completed each of those?
MS. VALLIER: I have.
MR. LALLY: Now, if I could turn your attention to at some point over the course of your work within the trace unit in the lab, did you become involved with Lab Case No. 22-02184?
MS. VALLIER: I did.
MR. LALLY: And there is a name that's associated with that lab number, as well; is that correct?
MS. VALLIER: A name?
MR. LALLY: A name as far as a suspect or a defendant or something like that?
MS. VALLIER: Yes.
MR. LALLY: And whose name is that?
MS. VALLIER: Karen Read.
MR. LALLY: And, as far as your work within the trace unit, how is it that you came to be involved or what piece of analysis did you become initially involved in with respect to Ms. Read's case?
MS. VALLIER: I was assigned to do physical match analysis on, well, many different items.
MR. LALLY: Before we get to the physical match, was there something -- what, if anything, were you asked to do with regard to some clothing items associated with a John O'Keefe?
MS. VALLIER: I believe I later received debris that was collected from those clothing items.
MR. LALLY: And so debris. Specifically, do you recall which clothing items you received debris from?
MS. VALLIER: I do not, not without looking at my notes.
MR. LALLY: Your Honor, with the Court's permission, may the witness look at her notes?
JUDGE CANNONE: Yes, you may.
BY MR. LALLY:
MR. LALLY: And is your memory refreshed as to which items of clothing you looked at?
MS. VALLIER: Yes. So it was -- well, I didn't look at clothing. I just received the debris that was already packaged which is labeled as coming from jeans, boxer shorts, sneakers, gray long-sleeve shirt and orange tee shirt.
MR. LALLY: Now, with respect to each of those items they had a lab sort of label number associated with it; is that correct?
MS. VALLIER: Correct.
MR. LALLY: And is it your understanding that the larger piece of clothing would have been labeled 7-something and then the debris from that clothing would have been labeled 7-, same thing, .whatever? Does that sound familiar?
MS. VALLIER: It does, yes.
MR. LALLY: And so with specific reference to Item 17- 18.18, that was debris from an orange tee shirt; is that correct?
MS. VALLIER: Yes.
MR. LALLY: And specifically, debris from an orange tee shirt and a gray long-sleeve shirt, correct?
MS. VALLIER: Correct.
MR. LALLY: And, from your analysis of that debris, what, if any, examination did you do of that debris that was provided to you within the trace unit?
MS. VALLIER: So each of these items was packaged in, you know, a fold. So I opened up the fold and looked at the items under the stereo zoom microscope and documented it with photos.
MR. LALLY: And, as far as that item, 7-18.18, what, if anything, did you observe as far as contained within the debris from that item specifically?
MS. VALLIER: May I look at my notes?
JUDGE CANNONE: Yes.
MS. VALLIER: Okay. Thank you. There was apparent dirt and debris; many black and 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.
BY MR. LALLY:
MR. LALLY: And the clear apparent plastic, what, if any, measurements did you conduct with reference to that?
MS. VALLIER: It measured approximately one-eighth of an inch by one-sixteenth of an inch.
MR. LALLY: Now, from your analysis of those items, what, if anything -- do you know where within the lab they went following your analysis there?
MS. VALLIER: I believe another analyst in the trace unit then looked at those items.
MR. LALLY: And that would be a -- are you familiar with another person who works in the trace unit named Christina Hanley?
MS. VALLIER: I am.
MR. LALLY: And so what, if any, training does Ms. Hanley have that you do not have in order to conduct that sort of further analysis?
MS. VALLIER: So Christina Hanley is the trace supervisor, and she is signed off to do casework in fibers, miscellaneous paint, glass, the other trace disciplines that I am not.
MR. LALLY: So essentially those items contained within that debris were something that you examined microscopically, made observations of, took measurements and then they went to Ms. Hartnett?
MS. VALLIER: Correct.
MR. LALLY: Now, with respect to -- you mentioned some variety of plastic items that you examined, correct?
MS. VALLIER: The initial items that I looked at?
MR. LALLY: Yes.
MS. VALLIER: Yes.
MR. LALLY: And what were those? Generally speaking, what were those initial items that you looked at?
MS. VALLIER: There were many different items containing what I believe were recovered from an address. But I would have to look at my notes to --
JUDGE CANNONE: You may.
MS. VALLIER: So they are all labeled as coming from -- as recovered from 34 Fairview Road.
BY MR. LALLY:
MR. LALLY: And what types of items were they specifically that you had received?
MS. VALLIER: So it was many pieces of apparent plastic and apparent glass and one drinking straw.
MR. LALLY: And those items were generally labeled as Item 7-5 through 7-10? Does that sound familiar?
MS. VALLIER: Yes.
MR. LALLY: And, with reference to the process in general terms of when you received these items, can you explain to the jury sort of your process and what you did and what you looked at as you went through each of these respective items?
MS. VALLIER: Sure. So at the beginning of a physical match case, you always look at the questioned items first which are the ones that you don't know where it came from. Like, here, they are labeled as coming from the road. So you don't know where their actual source of origin is. And so what we'll do is we'll scan that item into my custody. And then I will document the packaging with photographs and then I'll open that item and then document that item as it is. And, if there are multiple pieces, each piece will get a designator like Piece "A," Piece "B," "Piece "C." All this gets documented, written down in my notes and in photographs. If any of those pieces look like they could possibly fit together, then I will look under the stereo zoom and see if they do, in fact, fit together and document it if they do. And then once I've finished documenting that, I'll repackage it in the original packaging. And then if there are multiple items like in this case there were, then once that first item is sealed up, then I'll clean my bench and I'll open the second item and do the same thing until all of the items have been documented.
MR. LALLY: Again, if you could describe to the jury sort of 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?
MS. VALLIER: So I said, I opened up each of these items individually, took photos, took notes, looked at them under the stereo zoom, stereo zoom microscope and then looked at my photos after I had -- I had looked at all of them. They'd all been packaged in their original packaging. And I look at the photographs to see if any of those pieces could possibly fit together. And, then, once I looked at the photos and saw that it looked like there were possible physical match fits among those questioned items, then I opened up those items and looked to see if they, like, in real life versus just on photos, see if they could have a potential physical match. If it looked like it did, then I brought them together and looked at them to confirm if there was a physical match.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, I am showing you a series of nine photographs. I just ask you to look at those and look up when you're finished.
MS. VALLIER: (Witness complies.)
MR. LALLY: Do you recognize those?
MS. VALLIER: Yes.
MR. LALLY: And what do you recognize those to be?
MS. VALLIER: Item 7-5.
MR. LALLY: And is that how it was presented to you or shown to you as far as the evidence bag that you opened and the items that were contained within?
MS. VALLIER: I mean, this is just a picture of the seal, not the entire bag. But yes.
MR. LALLY: Your Honor, the Commonwealth seeks to introduce and admit as the next exhibits.
MR. YANNETTI: No objection.
(Whereupon, photographs were entered and marked Exhibits No. 262 through 270 in Evidence.)
COURT REPORTER: Exhibits 262 through 270.
MR. LALLY: Your Honor, with the Court's permission, may I publish some of these photographs to the jury, please?
JUDGE CANNONE: Okay.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 1905.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, what's up on the screen is Photograph 1905 which has now been marked as Exhibit 262. Do you recognize that?
MS. VALLIER: I do.
MR. LALLY: And is that the evidence bag that you were presented with with regard to items labeled as 7-5?
MS. VALLIER: That is the seal on it. Yes.
MR. LALLY: Now, just in general terms, as far as this process that you're talking about, sort of fitting the puzzle pieces together, how long and how laborious a process did that entail?
MS. VALLIER: In this case specifically?
MR. LALLY: Yes.
MS. VALLIER: There were many items to look at. So it did take quite a bit of time.
MR. LALLY: And if I could have Photograph 1908.
MR. LALLY: And do you recognize what's up on the screen which has now been marked as Exhibit 263?
MS. VALLIER: I do.
MR. LALLY: Is that one of the pieces that you have from Item 7-5?
MS. VALLIER: Those are the three pieces in 7-5.
MR. LALLY: Okay. And so the three pieces from all that were all red apparent plastic pieces from that same item; is that correct?
MS. VALLIER: Correct.
MR. LALLY: May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I show you these photographs. If you could take a look at those and look up when you are finished.
MS. VALLIER: (Witness complies.)
MR. LALLY: Do you recognize what's depicted in those photographs?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize those to be?
MS. VALLIER: The seal and then the items from Item 7-6.
MR. LALLY: And what's contained in those photographs, is that a fair and accurate portrayal of what you observed when you were doing your analysis in the lab?
MS. VALLIER: Yes.
MR. LALLY: Your Honor, the Commonwealth would seek to introduce and admit as the next exhibits.
MR. YANNETTI: No objection.
(Whereupon, photographs were entered and marked Exhibits No. 271 through 277 in Evidence.)
COURT REPORTER: Exhibits 271 through 277, Your Honor.
JUDGE CANNONE: Thank you.
BY MR. LALLY:
MR. LALLY: And, Your Honor, with the Court's permission, if I could publish some of those photographs to the jury at this time?
JUDGE CANNONE: Okay.
MR. LALLY: Ms. Gilman, if I could have Photograph 1921. Okay. Ms. Gilman, if you could just rotate that? Thank you.
BY MR. LALLY:
MR. LALLY: So Mx. Vallier, what's up on the screen, and that's Photograph 1921, Exhibit 271, that is the evidence bag or box that contains the items in reference to Lab Item 7-6; is that correct?
MS. VALLIER: Correct.
MR. LALLY: And, with reference to that as far as the labeling is concerned, these are items that were submitted by the state police, correct, as far as you know?
MS. VALLIER: Yes.
MR. LALLY: And, from the labeling that's exhibited in -- the 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?
MS. VALLIER: Presumably. I don't know because that's not our lab's labeling system.
MR. LALLY: Okay. Would it be fair to say as far as 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?
MS. VALLIER: I don't know.
MR. LALLY: If you know.
MS. VALLIER: I don't know.
MR. LALLY: Ms. Gilman, if I could have Photograph 1924.
MR. LALLY: Now, what's up on the screen that's now been marked as Exhibit 272, these were the items that were marked within that box or that bag of Item 7-6; is that correct?
MS. VALLIER: Correct.
MR. LALLY: It appears two pieces of plastic, correct?
MS. VALLIER: Apparent plastic, yes.
MR. LALLY: May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I show you another series of photographs. If you could review those and look up when you're finished.
MS. VALLIER: (Witness complies.)
MR. LALLY: And do you recognize what's depicted in those photographs, ma'am?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize those to be?
MS. VALLIER: Item 7-8.
MR. LALLY: And, again, a fair and accurate portrayal of what you observed in the lab with reference to Item 7-8?
MS. VALLIER: Yes
MR. LALLY: The Commonwealth would seek to introduce those as the next exhibit, Your Honor.
MR. YANNETTI: No objection.
(Whereupon, photographs were entered and marked Exhibits No. 278 through 292 in Evidence.)
COURT REPORTER: Exhibits 278 through 292, Your Honor.
JUDGE CANNONE: Thank you.
MR. LALLY: And, Your Honor, with the Court's permission, may I publish some of these photos to the jury, as well?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, with regard to the items that were contained within this variety of bags and boxes that you had received as evidentiary items, what, if any, difference was there between sort of the color, the size, the shape of the different items that you received?
MS. VALLIER: I'm sorry. Can you repeat the question?
MR. LALLY: Sure. 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 note between them?
MS. VALLIER: Between items that you've already published or just all of them --
MR. LALLY: All of them in general.
MS. VALLIER: So some of the pieces were clear apparent plastic. Some were clear apparent glass. Some of them were red apparent plastic. Some of them were silver colored apparent plastic.
MR. LALLY: And, as far as the size of these pieces of plastic or glass that you had received, were they -- how would you describe sort of their physical size, shape, things of that nature?
MS. VALLIER: Some of them were very small and some of them were larger. I can't tell you the dimensions without looking at my notes.
MR. LALLY: 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 tried to find a match for, correct?
MS. VALLIER: Correct.
MR. LALLY: Ms. Gilman, if I could have Photograph 1931.
MR. LALLY: What's up on the screen has now been marked as Exhibit 278. Do you recognize that as the bag or box that contained Items 7-8?
MS. VALLIER: Yes.
MR. LALLY: Ms. Gilman, if I could have 1934?
MR. LALLY: Now, what's contained in this exhibit up on the screen, Exhibit 279, do you recognize that as the contents that were collectively sort of labeled as Item 7-8?
MS. VALLIER: I do.
MR. LALLY: And so from a variety of those different pieces that are depicted up on the screen in Exhibit 279, each of them would have been respectively labeled as far as, say, 7-8.1 or 7-8. something else; is that fair to say?
MS. VALLIER: So the laboratory number system where it would go 7-8.1, that's if you take like a sub-sample. So if I collected like debris or something out of this item, that would then be labeled 7-8.1 because it's a new entry in our LIM system. These are just the different pieces in 7-8. In my notes, I gave them labels such as Piece "A," Piece "B," Piece "C," all the way down to -- well, however many there were.
MR. LALLY: So you label them individually as sort of letters; is that correct?
MS. VALLIER: Correct.
MR. LALLY: Okay.
MR. LALLY: Ms. Gilman, if I could have Photograph 1938. If you could zoom in just a little bit on that, Ms. Gilman.
MR. LALLY: Mx. Vallier, what's depicted up on the screen within this Exhibit 282, do you recognize that?
MS. VALLIER: I do.
MR. LALLY: Is that one of the pieces that was submitted within this as far as 7-8 that you examined throughout the course of your analysis here, correct?
MS. VALLIER: It was. There were actually two pieces in that. There is the large one in the middle, and there is a very small one up in the corner.
MR. YANNETTI: May we approach, Your Honor?
JUDGE CANNONE: Yes.
(Whereupon, there was a sidebar conference as follows:)
MR. YANNETTI: Now that we've seen what's coming in, we are registering an objection to the fact that he already has testified as to where and when these objects were found. And, really, they need to have testimony first making these pieces of evidence relevant before they start to get into --
JUDGE CANNONE: All right. Jurors, why don't we take a five-minute, 10-minute break. Okay?
(Whereupon, the jury is escorted from the courtroom for a brief recess.)
(Whereupon, the sidebar conference continued as follows:)
JUDGE CANNONE: Mr. Lally, is this from the housing?
MR. LALLY: No. So what this witness did was basically take each of the individual pieces that were recovered at various times and then she was then able to do a physical match with them to each other and then a physical match with them to the housing.
JUDGE CANNONE: So your objection is you don't know where this came from?
MR. YANNETTI: Correct.
JUDGE CANNONE: Even though she identified the bag and --
MR. YANNETTI: Well, she identified it, but we don't know how they got within the bag, who found it and where.
MR. LALLY: As I explained, I had to take this witness out of turn, which is what I raised with the Court and counsel last week. So that's why her testimony is coming prior to the troopers that recovered the items.
MR. YANNETTI: I mean, our objection is our objection. If the Court decides to --
JUDGE CANNONE: Last week you said it was okay.
MR. YANNETTI: Well, if the Court decides to take it de bene, I suppose subject to those witnesses being called to identify what's being introduced now.
JUDGE CANNONE: Okay. So do you withdraw your objection though you agreed to it last week?
MR. YANNETTI: Can I have a moment, Judge?
JUDGE CANNONE: Yes.
MR. YANNETTI: Just so I'm cutting to the chase here, we don't want this witness to be able to testify to what specifically Michael Proctor found. We don't want this witness to absolve the Commonwealth of its responsibility to call the lead investigator who actually found against -- sorry --
JUDGE CANNONE: All right. Well, I'm not going to tell the Commonwealth who they have to call or not. But if you think that they are not ultimately able to lay a foundation, you can move to strike it.
MR. JACKSON: That's fine.
MR. YANNETTI: Okay. I just need two minutes.
JUDGE CANNONE: [REDACTED] [REDACTED] So we'll make this quick. Your witness is going to have to come back on Wednesday.
MR. YANNETTI: Understood. Well, do you have a lot left with her or them? I'm not going to be very lengthy.
MR. YANNETTI: No, no. I understand. That's fine.
MR. LALLY: Thank you.
(Whereupon, the sidebar conference concluded anda brief recess was taken.)
(Court resumes.)
(Defendant present. Jury present.)
MR. LALLY: May I approach the witness again, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Showing you these photographs, would you look at those.
MS. VALLIER: (Witness complies.)
MR. LALLY: Do you recognize those, ma'am?
MS. VALLIER: I do.
MR. LALLY: What do you recognize those to be?
MS. VALLIER: Photos that I took of Item 7-10.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce them as the next exhibits.
MR. YANNETTI: No objection.
(Whereupon, photographs were entered and marked Exhibits No. 293 through 295 in Evidence.)
COURT REPORTER: Exhibits 293, 294 and 295.
JUDGE CANNONE: Thank you.
MR. LALLY: With the Court's permission, if I could publish that to the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could have Photograph 1952.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, what's depicted up on the screen, is that the bag or the box that contains Item 7-10?
MS. VALLIER: Yes.
MR. LALLY: Ms. Gilman, if I could have 1955.
MR. LALLY: Again, what's up on the screen, is that the item that was contained within that evidence?
MS. VALLIER: Yes.
MR. LALLY: May I approach the witness again, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I'm showing you another series of photographs. If you could review those and look up when you're finished.
MS. VALLIER: (Witness complies.)
MR. LALLY: Mx. Vallier, do you recognize what's depicted in those photographs?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize those to be?
MS. VALLIER: The packaging that Item 7-9 and 7-19 came in.
MR. LALLY: And what's contained within those photographs, is that a fair and accurate portrayal of those items when you received them at your station within the trace unit?
MS. VALLIER: It is.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibits.
MR. YANNETTI: No objection.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, if I could just place these before you. If you could, if you could just take a look at those while the stenographer is marking those.
(Whereupon, photographs were entered and marked Exhibits No. 296 through 309 in Evidence.)
COURT REPORTER: Exhibits 296 through 309.
JUDGE CANNONE: Thank you.
MR. LALLY: And, Your Honor, with the Court's permission, may I publish what's now been marked as Exhibits 296 through 309 for the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could have Photograph 1958.
BY MR. LALLY:
MR. LALLY: And, Mx. Vallier, again, what's up on the screen, is that the evidence bag or box that contains those items that you were just testifying about, 7-9 and 7-19?
MS. VALLIER: Yes.
MR. LALLY: Ms. Gilman, if I could have Photograph 1962.
MR. LALLY: So, Mx. Vallier, now what's depicted up on the screen and marked as Exhibit 297 --
MR. LALLY: Ms. Gilman, if you could zoom in just a little bit on the items of evidence, please.
MR. LALLY: Now, contained within this are three clear pieces of glass or plastic, if you know?
MS. VALLIER: I'd have to look at my notes to see what I wrote.
MR. LALLY: Your Honor, with the Court's permission, may the witness review her notes?
JUDGE CANNONE: Yes.
MR. LALLY: After referring to your notes, what type of material is that?
MS. VALLIER: Three pieces of apparent plastic.
MR. LALLY: Now, Ms. Gilman, if you could scroll down just a little. Thank you very much.
MR. LALLY: The item that's contained above those three pieces of apparent clear plastic, what is that?
MS. VALLIER: That is Item 7-19. That is a black straw.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 1964.
MR. LALLY: What's up on the screen, Mx. Vallier, now has been marked as Exhibit 299. Is that essentially a straw next to a ruler with its measurements; is that correct?
MS. VALLIER: Yes.
MR. LALLY: Now, with reference to the photographs that I asked you to look at before, have you had a chance to review those?
MS. VALLIER: I have.
MR. LALLY: And do you recognize what's contained within those?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize those to be?
MS. VALLIER: The photos I took of Item 7-11.
MR. LALLY: And what's contained in those photographs of Item 7-11, is that a fair and accurate portrayal of what you observed in your lab when you conducted your analysis with reference to this case?
MS. VALLIER: It is.
MR. LALLY: Your Honor, the Commonwealth seeks to introduce and admit as the next exhibits.
MR. YANNETTI: No objection.
JUDGE CANNONE: Okay.
(Whereupon, photographs were entered and marked Exhibits No. 310 through 324 in Evidence.)
COURT REPORTER: Exhibits 310 through 324.
MR. LALLY: And, Your Honor, with the Court's permission, if I could publish --
JUDGE CANNONE: Yes.
MR. LALLY: Thank you. Ms. Gilman, if I could have Photograph 1979.
MR. LALLY: Again, Mx. Vallier, what's up on the screen, is that the exact evidence bag that contains Item 7-11?
MS. VALLIER: Yes.
MR. LALLY: For the record, that's been marked as Exhibit 310. Ms. Gilman, if I could have 1982.
MR. LALLY: And, again, Mx. Vallier, what's depicted up on the screen on Exhibit 311, is that the items or the pieces of plastic that were contained within the aforementioned evidence bag as the previous exhibit, Item 7-11?
MS. VALLIER: Yes.
MR. LALLY: Now, with regard to the photographs that I have just placed before you before, have you had a chance to review those, as well?
MS. VALLIER: I have.
MR. LALLY: And do you recognize what's contained within those photographs?
MS. VALLIER: Photos of Item 7-14.
MR. LALLY: And what's contained in those photographs of Item 7-14, is that a fair and accurate portrayal of what you observed in your lab when you conducted your examination in this case?
MS. VALLIER: It is.
MR. LALLY: Your Honor, the Commonwealth seeks to introduce and admit as the next exhibit.
MR. YANNETTI: No objection.
(Whereupon, photographs were entered and marked Exhibits 325 through 327 in Evidence.)
COURT REPORTER: Exhibits 325, 326, 327.
MR. LALLY: Ms. Gilman, if I could have Photograph 2009.
MR. LALLY: Mx. Vallier, if I could draw your attention up to the screen just for a moment to what's now been marked as Exhibit 325. Do you recognize what that is?
MS. VALLIER: I do.
MR. LALLY: And that is the bag that contained Item 7-14; is that correct?
MS. VALLIER: Yes.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 2012.
MR. LALLY: Again, Mx. Vallier, what's up on the screen, is that the item that was contained and labeled as Item 7-14 --
COURT REPORTER: I'm sorry. I need volume, please.
MR. LALLY: Sure.
BY MR. LALLY:
MR. LALLY: What's depicted on the screen, is that a fair and accurate portrayal of what was contained in the exhibit bag from the previous exhibits labeled as Item 7-14?
MS. VALLIER: Yes.
MR. LALLY: I'm sorry. Were you able to review both of those photographs that I just placed before you?
MS. VALLIER: Yes.
MR. LALLY: And do you recognize those?
MS. VALLIER: Yes.
MR. LALLY: And what do you recognize those to be?
MS. VALLIER: The photos of Item 7-12.
MR. LALLY: If I could ask that those be marked as the next exhibits, Your Honor.
MR. YANNETTI: No objection.
(Whereupon, photographs were entered and marked Exhibits No. 328 through 331 in Evidence.)
(Whereupon, photographs were entered and marked Exhibits No. 334 through 342 in Evidence.)
COURT REPORTER: Exhibits 328 through 342, Your Honor. ** Court Reporter's Note: The exhibit numbers 333 and 334 were inadvertently skipped over.)
MR. LALLY: Ms. Gilman, if I could have Photograph 2015.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, if I could direct your attention up to the screen, what's contained in what's been marked now as Exhibit 328, are those the evidence bag that contained the items labeled as 7-12?
MS. VALLIER: Yes.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 2018.
MR. LALLY: Mx. Vallier, directing your attention up to the screen and what's now been marked as Exhibit 329, are those the items that were labeled collectively as 7-12 contained with that evidence bag with the prior exhibit?
MS. VALLIER: Yes.
MR. LALLY: As far as those photographs that I presented to you a moment ago, have you had a chance to review those, as well?
MS. VALLIER: I have.
MR. LALLY: And do you recognize what's contained within those photographs?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize those to be?
MS. VALLIER: Photos of Item 7-13.
MR. LALLY: And what's contained within those photographs, is that a fair and accurate portrayal of what was contained or labeled as Item 7-13?
MS. VALLIER: It is.
MR. LALLY: Your Honor, the Commonwealth would seek to introduce and admit as the next exhibit.
MR. YANNETTI: No objection.
(Whereupon, photographs were entered and marked Exhibits No. 343 through 351 in Evidence.)
COURT REPORTER: Exhibits 343 through 351, Your Honor.
MR. LALLY: Thank you very much. Ms. Gilman, if I could have Photograph 1997.
MR. LALLY: Mx. Vallier, depicted on the screen in that photograph which has now been marked as Exhibit 343, is that the evidence bag that contained the items labeled as 7-13?
MS. VALLIER: Yes.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 2000.
MR. LALLY: Mx. Vallier, directing your attention to the screen, are those the items contained within that exhibit bag on the prior exhibits that have been collectively labeled by the lab as 7-13?
MS. VALLIER: Yes.
MR. LALLY: Now, as far as the photographs that I have placed before you, have you had a chance to review those?
MS. VALLIER: I have.
MR. LALLY: And do you recognize what is depicted in those photographs?
MS. VALLIER: I do.
MR. LALLY: What do you recognize those to be?
MS. VALLIER: Photos of Item 7-15.
MR. LALLY: And what's contained in those photographs, is that a fair and accurate portrayal of what's contained in Item 7-15?
MS. VALLIER: It is.
MR. LALLY: Your Honor, the Commonwealth would seek to introduce and admit as the next exhibit.
MR. YANNETTI: No objection.
(Whereupon, photographs were entered and marked Exhibits No. 352 through 368 in Evidence.)
COURT REPORTER: Exhibits 352 through 368, Your Honor.
JUDGE CANNONE: Thank you. Mr. Lally, those are the last exhibits we'll be doing today.
MR. LALLY: Okay. Ms. Gilman, if I could have Photograph 2072.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, if I could direct your attention to the screen, do you recognize this as the evidence bag that contains Item 7-15 that has now been marked as Exhibit 352?
MS. VALLIER: I do.
MR. LALLY: Ms. Gilman, if I could have Photograph 2077.
MR. LALLY: And, again, Mx. Vallier, what's up on the screen, are those the items that were collectively identified by the lab as 7-15 from that evidence bag contained in the prior exhibit?
MS. VALLIER: Yes.
MR. LALLY: Now, Mx. Vallier, as far as your analysis was concerned with regard to each of these items, and we'll get to that ina little bit, I think, the next time, but with regard to the labels that you assigned to them as far as letters of the alphabet "A" through whatever letter that you went, when you were conducting your sort of physical match analysis, how was that shown on a particular piece or did you label those pieces or how were you able to sort of quantify that?
MS. VALLIER: The pieces that were large enough to, I printed out labels from a label maker with the lab number, the item number and then the letter that I assigned it. So "A," "B," "C," and my initials. And those are on the pieces.
MR. LALLY: And then as far as those pieces were concerned, if you were able to find some consistency between, say, Piece "A" and Piece "B" and you were able to sort of fit them together, what, if anything, did you do to memorialize that sort of physical match?
MS. VALLIER: Within the same item if there were two pieces that fit together, I documented that with photos, wrote down in my notes. And then if it was within the same item, I held it together with tape and then repackaged it still together as a single piece.
MR. LALLY: And, as far as the consistencies or the matches that you were examining or looking for, was that solely within piece to piece or at some point did you also look at sort of a larger piece as far as a housing unit for a taillight?
MS. VALLIER: For this case?
MR. LALLY: Yes.
MS. VALLIER: Yes.
MR. LALLY: And, with regard to the pieces that you had sort of put together, what, if anything, were you able to do with regard to some of those pieces and the taillight housing, Item 3-1?
MS. VALLIER: From those items that we just saw, I was able to piece one larger piece with many of those pieces all fit together into one piece that I then called Piece 1. There are some other pieces that also fit together among those questioned ones that I called Piece 2, Piece 3, Piece 4 and Piece 5. Piece 1 was a physical match with Item 3-1, the taillight.
MR. LALLY: Your Honor, I think that may be where I have to leave off.
JUDGE CANNONE: All right. Mx. Vallier, we are going to have to have you back on Wednesday. Okay? I am going to ask you to wait for the jurors. So we don't meet tomorrow. We will meet Wednesday, and we will go a full day Wednesday with an abbreviated lunch and end sometime between 4:00 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, hear or read anything about the case, please disregard it. I know we took a long time today with 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 will see you on Wednesday.
(Whereupon, the jury is escorted from the courtroom and excused until Wednesday morning.)
JUDGE CANNONE: All right. You don't need me for anything until Wednesday? We'll see you on Wednesday.
MS. LITTLE: Your Honor, if we may approach, I have a redacted exhibit.
JUDGE CANNONE: Jimmy, do you have all of the identifications?
MS. LITTLE: "SS."
JUDGE CANNONE: Are you the only one from your team coming up here?
MS. LITTLE: It's fine if the Court's okay with that.
JUDGE CANNONE: So why don't you take some time with it and we can address this on Wednesday morning.
MS. LITTLE: Okay.
JUDGE CANNONE: Okay? So you don't have to do it on the fly. And make me a copy, if you would, too.
MS. LITTLE: Sure. You can keep that. I just made the redactions that we had discussed at sidebar.
JUDGE CANNONE: So we'll see you on Wednesday.
(Whereupon, the Court adjourned at 4:00 p.m.)