Commonwealth v. Read — Trial ArchiveMaureen Hartnett — Cross/Redirect/Recross
624 linesCROSS-EXAMINATION BY MR. JACKSON:
MR. JACKSON: Ms. Hartnett, you responded to Canton Police Department. A lot of your testimony was about what happened in the sally port, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: You were asked if you responded to the Canton Police Department on February 2nd, and most of your testimony was predicated on that date you going over there and doing some visual observations as well as some removal of items and some other testing, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Was it February 2nd or was it February 1st?
MS. HARTNETT: May I check my notes?
MR. JACKSON: I'd appreciate it if you did. Yes.
MS. HARTNETT: My apologies. That was my error. It was February 1st.
MR. JACKSON: Okay. So everything that you testified to -- you only went once?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: So everything that you testified to having taken place on February 1st, we should have assumed it was actually -- sorry, on February 2nd, we should assume it was actually February 1st the one time you were there?
MS. HARTNETT: Yes. I was there one time.
MR. JACKSON: Okay. Were you dispatched to the sally port -- and I apologize. I'm not yelling at you. I'm trying to keep my voice elevated, just so you know.
MS. HARTNETT: Understood.
MR. JACKSON: It's not my normal speaking voice. You were dispatched at the behest of one of the Massachusetts State Police troopers, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: The detective bureau specifically, right?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Trooper Proctor more specifically, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: And Trooper Proctor you knew at that time to be the lead detective, the person who was in control of the investigation?
MS. HARTNETT: May I check my notes as to who I wrote down as the lead investigator at that time?
MR. JACKSON: If it would refresh your recollection, sure, with the Court's permission.
JUDGE CANNONE: Yes.
MS. HARTNETT: Yes. I was told on scene that Trooper Proctor was in charge of the investigation.
MR. JACKSON: All right. Now, while you were there, one of the things that you did initially was to just do an overview of the vehicle, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Obviously, that was important given the limited information that you had at that time about a potential motor vehicle pedestrian incident, correct?
MS. HARTNETT: Correct.
MR. JACKSON: So you were looking for anything that would rise to a level of investigative concern regarding that vehicle, right?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Hence, your review and notation of certain scratches on the vehicle; is that right?
MS. HARTNETT: Yes.
MR. JACKSON: Which may or may not have anything to do with the incident, but you noted it anyway, correct?
MS. HARTNETT: I did not draw any conclusions as to where those scratches came from.
MR. JACKSON: Okay. You just took the words right out of my mouth. My next question: The dent that you noted and photographed, you make no conclusion that that occurred as a result of a motor vehicle/pedestrian, correct?
MS. HARTNETT: That's correct.
MR. JACKSON: The scratches -- and I'm just going to go through a couple of them. The scratches that you denoted and had photographed, you made no conclusions about that having anything to do with a motor vehicle/pedestrian incident, correct?
MS. HARTNETT: That's correct.
MR. JACKSON: Even the broken taillight. 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?
MS. HARTNETT: That's correct.
MR. JACKSON: You did, however, look for tissue, human tissue, blood, biological material and things of that nature on the car, itself, did you not?
MS. HARTNETT: Yes, I did.
MR. JACKSON: In that review, I think you testified that you saw nothing that suggested the transfer of human tissue to the vehicle, correct?
MS. HARTNETT: I did not see any visible stains or tissue on the vehicle.
MR. JACKSON: You were told, Ms. Hartnett, that there were scratches on one of the extremities of John O'Keefe, correct?
MS. HARTNETT: That's correct.
MR. JACKSON: Were you shown a photograph of those scratches to assist you in your visual review or examination of that vehicle?
MS. HARTNETT: Not at that time, no.
MR. JACKSON: To this date, have you seen a photograph of his arm and the injuries to his arm?
MS. HARTNETT: Yes, I have.
MR. JACKSON: Your Honor, if I may, if we have it, could I display for the jurors and for Ms. Hartnett Exhibit 19?
JUDGE CANNONE: Is this the one that --
MR. JACKSON: With the arm, and it has been cropped. Yes, Your Honor.
JUDGE CANNONE: Okay. Yes.
BY MR. JACKSON:
MR. JACKSON: Ms. Hartnett, do you recognize what's depicted in Exhibit 19?
MS. HARTNETT: Yes, I do.
MR. JACKSON: And you've seen that pattern of scratches previously, correct?
MS. HARTNETT: Yes. I have seen a photo containing them.
MR. JACKSON: Okay. And that's consistent with the photo that you've seen since your visit to the sally port on February 1st, correct?
MS. HARTNETT: That's correct.
MR. JACKSON: All right. Was there anything in your -- by the way, did you look all around the vehicle, 360 degrees?
MS. HARTNETT: Yes, I did.
MR. JACKSON: Did you look toward the top of the vehicle as well as toward the bottom of the vehicle?
MS. HARTNETT: I did not examine the roof of the vehicle.
MR. JACKSON: Say that again?
MS. HARTNETT: I did not examine the roof of the vehicle.
MR. JACKSON: Understood. Did you examine the undercarriage of the vehicle?
MS. HARTNETT: I did look at the undercarriage of the vehicle.
MR. JACKSON: And you know what I mean when I say "undercarriage"?
MS. HARTNETT: Yes.
MR. JACKSON: Could you explain for the jurors what you mean when you use the word "undercarriage"?
MS. HARTNETT: 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.
MR. JACKSON: That would include the frame and the axle and the drive shaft, transmission, things of that nature?
MS. HARTNETT: Yes. I'm not confident in all the terminology of the undercarriage, but yes.
MR. JACKSON: Did you see anything that was suggestive of or consistent with the pattern of injury that you see to Mr. O'Keefe's right arm?
MS. HARTNETT: I wouldn't say I'm qualified to make any kind of pattern determination and what would match the injuries on his arm.
MR. JACKSON: 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?
MR. LALLY: Objection.
JUDGE CANNONE: Go ahead and answer.
MS. HARTNETT: I wouldn't be able to testify, not from memory. I don't have a photograph of the undercarriage, nor did I make any kind of conclusions about that at the time.
BY MR. JACKSON:
MR. JACKSON: Okay. Understood. And you didn't take any -- I'm sorry. The swabs and samples that you did take variously on the car all came back negative for human tissue, et cetera?
MS. HARTNETT: The testing that I did on scene from the various areas of the undercarriage which I had mentioned before, the tire flaps, the edge of the bumper and the exhaust pipe, screened negative for blood.
JUDGE CANNONE: Mr. Jackson, would you take the --
MR. JACKSON: Yes. I was just going to suggest that. Thank you, Your Honor.
BY MR. JACKSON:
MR. JACKSON: 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 six Solo cups, correct?
MS. HARTNETT: Yes. I had noted those as frozen red-brown stains in red cups.
MR. JACKSON: Were those Solo cups in any way labeled among themselves? In other words, Solo Cup 1, 2, 3, 4?
MS. HARTNETT: I don't believe they were, but I don't have a photograph of that. So I'm not 100 percent sure.
MR. JACKSON: You did not thereafter label those Solo cups? If they hadn't been done beforehand, you did not undertake to label those Solo cups, correct?
MS. HARTNETT: No. I did not label them.
MR. JACKSON: 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 swabs that you ultimately did take?
MS. HARTNETT: I took those swabs from one Solo cup.
MR. JACKSON: How did you choose which of the six Solo cups you were going to take a swab from?
MS. HARTNETT: I don't recall how I chose which cup. It was reported to me that those cups came from the same area of red-brown staining. So I did make an assumption that they're all related. From what I was told, it came from one area of red-brown stain at the scene.
MR. JACKSON: And you, of course, know as a forensic criminalist that bloodstains can contain multiple contributors, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: You don't know as you sit here which bloodstain found at the scene related to which Solo cup in the bag, correct?
MR. LALLY: Objection.
JUDGE CANNONE: I'll allow it.
MS. HARTNETT: No. It was my understanding they were all taken from the same stain. But I was not there.
BY MR. JACKSON:
MR. JACKSON: From the same scene or --
MS. HARTNETT: Stain. Excuse me. It was my understanding they were all taken from the same stain.
MR. JACKSON: Okay. If they, in fact, were taken from multiple stains, you would have no way of knowing that as you sit here?
MS. HARTNETT: That's correct.
MR. JACKSON: Okay. And, ultimately, once you did take that swab from that single Solo cup, what did you do with the rest of that blood evidence?
MS. HARTNETT: I left that with the Canton Police Department.
MR. JACKSON: Was there any of the -- by the way, I should ask this. I've been saying "Swabs." Was there one swab taken from that one Solo cup or were there multiple swabs taken?
MS. HARTNETT: There were two swabs taken.
MR. JACKSON: 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?
MS. HARTNETT: DNA testing was not done on those swabs.
MR. JACKSON: So aS we sit here now, there has been no DNA confirmation of who those -- who that blood relates to, I should say?
MS. HARTNETT: There was no testing done on it at all.
MR. JACKSON: And so therefore, we would not know if there were multiple contributors to those stains or that swab that you took from that single Solo cup?
MS. HARTNETT: That's correct.
MR. JACKSON: And, again, the remainder 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?
MS. HARTNETT: I don't know who was in control of it once I returned it to the Canton Police Department.
MR. JACKSON: Who did you return it to at the Canton Police Department? Whom, I should say.
MS. HARTNETT: I gave it to a Canton police officer. I don't know which officer that was.
MR. JACKSON: Michael Proctor was at the sally port at the time that you were doing your examination, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Did he not take control of it himself?
MS. HARTNETT: Not that I saw. I don't know who took control of them once I was done with my collection.
MR. JACKSON: Okay. He may have. You just don't know?
MS. HARTNETT: Correct.
MR. JACKSON: Going back to some of the damage that you did note on the vehicle, that vehicle looked like it had been driven to a certain degree, right?
MR. LALLY: Objection.
JUDGE CANNONE: Can you answer that?
MS. HARTNETT: If you could clarify the question? I'm not sure what you're asking.
BY MR. JACKSON:
MR. JACKSON: Sure. It's a terrible question. 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?
MS. HARTNETT: I don't think I am qualified to make that kind of decision.
MR. JACKSON: It looked like there was some normal wear and tear on the car?
MS. HARTNETT: Other than the specific items that I pointed out earlier, the dent and scratches, the exterior was in overall good condition. So I can't say specifically if it was driven out of -- I don't think I can make that conclusion unless you want to rephrase the question.
MR. JACKSON: Okay. 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?
MS. HARTNETT: I don't think I can make that conclusion.
MR. JACKSON: So it could have been an absolutely brand new, right-off-the-showroom-floor car?
MS. HARTNETT: I guess I don't have any understanding of what could have happened to it in the showroom. I'm not sure I understand the line of questioning.
JUDGE CANNONE: Why don't we move on.
MR. JACKSON: Fair enough.
BY MR. JACKSON:
MR. JACKSON: I guess what I'm asking is did -- you've done some damage analysis in the past, obviously. This was not your first rodeo, right?
MS. HARTNETT: I don't do damage analysis on vehicles.
MR. JACKSON: Okay. Did this car look like it had reasonably normal wear and tear on it? That's my question.
MS. HARTNETT: I don't feel comfortable answering that question.
MR. JACKSON: Okay. Ultimately, the right rear taillight housing was removed, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Were you the person, Ms. Hartnett, who actually used the tools to remove that taillight, be it screwdrivers, wrenches, anything else?
MS. HARTNETT: No.
MR. JACKSON: Okay. Who was that that actually did that work?
MS. HARTNETT: It was a Canton police officer that had entered the garage. And, as I was removing it, 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.
MR. JACKSON: Okay. I'd like to show you an exhibit that you had been shown just a few minutes ago before the lunch break, 187, with the Court's permission. Does that look like the same housing that you removed from the SUV or you saw being removed from the SUV?
MS. HARTNETT: Yes. That is the taillight housing that I submitted to the lab from the garage.
MR. JACKSON: Okay. Ultimately, there was a swab taken, you mentioned on direct examination, of that taillight somewhere on the housing, correct?
MS. HARTNETT: Yes. I took a swab from that taillight.
MR. JACKSON: Where exactly did you take that swab from?
MS. HARTNETT: 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 taillight when it was intact.
MR. JACKSON: Can you point with the laser pointer exactly where you swabbed that taillight housing?
MS. HARTNETT: Is there a way -- can I get it zoomed in just a little bit so I can differentiate the silver in the front? I'm having a little trouble.
MR. JACKSON: Is that zoomed in enough or do you need more?
MS. HARTNETT: I believe -- so I took it from the red area here that would have been exposed. And then if we could zoom in just a little bit more just on the front area so I can differentiate between the internal structures and the external?
MR. JACKSON: Was it one swab?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Okay. So you swabbed multiple areas with one swab and then submitted that?
MS. HARTNETT: Yes.
MR. JACKSON: So you don't know as you sit here where, if any, DNA was detected, where that DNA may have come from?
MS. HARTNETT: No. That's correct.
MR. JACKSON: Other than the general housing altogether?
MS. HARTNETT: Yes. Just to finish your previous question --
MR. JACKSON: Oh, I'm sorry. I didn't mean to --
MS. HARTNETT: Just as I couldn't see it. So this area here which would have been the external portion of the taillight. So the areas I did not swab were any areas that would have, when the taillight was intact, been protected by the outer plastic housing of the taillight.
MR. JACKSON: Is your testimony, Ms. Hartnett, that what you just pointed to was the exterior portion of the taillight, bottom left?
MS. HARTNETT: No. Just this piece of plastic here is the -- you know, the exterior piece of plastic.
MR. JACKSON: Got it. And you swabbed that area as well as other areas on the exterior like the red upper right?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Okay. As you swabbed that, the DNA test does not differentiate where you swab, just that you swab, correct?
MS. HARTNETT: Yes. That's correct. That was all one swab, one collection.
MR. JACKSON: Got it. So we can't define whether the DNA was to the upper right, on the outside of the lens or some other place that you pointed to?
MS. HARTNETT: That's correct.
MR. JACKSON: And, of course, you're familiar with touch DNA, et cetera, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: If you touch an item, walk away, sweaty palms, there's a good likelihood I just left some DNA on this podium, correct?
MS. HARTNETT: Yes. You can transfer skin cells by touching an item.
MR. JACKSON: Okay. Thank you.
MR. JACKSON: You can take that down with the Court's permission.
MR. JACKSON: You also indicated that you collected glass from the rear bumper of Ms. Read's Lexus, correct?
MS. HARTNETT: Yes. I have it as apparent glass, yes.
MR. JACKSON: As apparent glass. 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 --
MS. HARTNETT: May I refer to my notes?
MR. JACKSON: With the Court's permission.
JUDGE CANNONE: Yes.
MS. HARTNETT: I am just unfamiliar with the lettering "A" through "E." I don't believe I had that in my notes. If you can refer to the document that you have? A Is it possible that -- 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? A That's possible. I did not label them "A" through "E."
MR. JACKSON: Okay. Got it. Understood. Thank you for that clarification. As a matter of fact, you labeled it as Quantity 1, correct, on an evidence submission form?
MS. HARTNETT: In the LIMS system, that's correct. Each item is -- that quantity value is only used for specific things. So when I submit something as one item, it doesn't matter how many pieces it actually is. It's just I'm submitting it as one item.
MR. JACKSON: So in other words, one group?
MS. HARTNETT: That's correct.
MR. JACKSON: So we are 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 recovered, correct?
MS. HARTNETT: I don't have the exact number in my notes. And, honestly, it's difficult to tell from my picture. So I don't want to say that I saw five pieces of glass.
MR. JACKSON: Did you not annotate that somewhere, that you recovered five pieces?
MS. HARTNETT: 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.
MR. JACKSON: Okay. Then 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?
MS. HARTNETT: I am the one that initially -- excuse me. After the item was sent to fingerprinting, then I examined the item. But I didn't write down exactly how many pieces of glass were present. I just took a photo.
MR. JACKSON: And, as you sit here, you don't recall necessarily now many pieces you took off that bumper?
MS. HARTNETT: Correct. And the quality of the photo does not allow me to see that at this point.
MR. JACKSON: Okay. Let's take a look at that photo.
MR. JACKSON: With the Court's permission, this is Exhibit 168. Can we show that or display that, Your Honor? Mr. Bates, with the Court's permission, can we zoom in on the area depicted in that?
MR. JACKSON: Zooming in at this point, I would ask you, Ms. Hartnett, do you recognize this photo? It's zoomed a little bit. Do you still recognize it?
MS. HARTNETT: Yes, I do.
MR. JACKSON: Is that a photograph that you caused to be taken at the sally port on February 1st of 2022?
MS. HARTNETT: I believe it was February 2nd.
MR. JACKSON: We agreed it was February 1st, I think.
MS. HARTNETT: February lst. My apologies.
MR. JACKSON: That's okay.
MS. HARTNETT: Yes. On February 1st, I did request that photo be taken of the apparent pieces of glass.
MR. JACKSON: Okay. I know you can't see necessarily every piece. Can you use your laser pointer and point to a piece?
MS. HARTNETT: Sure (indicating).
MR. JACKSON: Okay. Got it. So that's the largest of the pieces, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: And it's correct that none of these pieces of apparent glass were imbedded in the bumper; they weren't dug in and stuff into that hard plastic, correct?
MS. HARTNETT: No. I do not have that notation that they were imbedded, just they were on the bumper.
MR. JACKSON: As a matter of fact, they were physically perched on top of that hard plastic horizontal bumper, correct?
MS. HARTNETT: To my recollection, they were just sitting on the bumper. Yes.
MR. JACKSON: And do you know, just in your experience --
MR. JACKSON: And if we could leave this up for just a moment while I ask the next couple of questions, Your Honor?
JUDGE CANNONE: All right.
BY MR. JACKSON:
MR. JACKSON: Do you know where Dighton, Massachusetts is?
MS. HARTNETT: I know the general area.
MR. JACKSON: How far would you say that is from Canton?
MS. HARTNETT: I don't know. Maybe a half an hour. I'm not exactly sure.
MR. JACKSON: Do your notes indicate that the vehicle was recovered from Dighton and towed back to Canton and placed in the sally port before you started your examination?
MS. HARTNETT: Yes.
MR. JACKSON: So if the -- and you also had been apprised before you began your examination that the incident in question took place in Canton, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: So you knew as you were looking at this vehicle and doing your examination, the vehicle had to have been driven, by definition, from Canton to Dighton and then towed back from Dighton back to Canton, correct?
MS. HARTNETT: I was informed that the car was recovered in Dighton.
MR. JACKSON: And ultimately either driven back or towed back? In some way, it ended up back in Canton, correct?
MS. HARTNETT: Yes.
MR. JACKSON: Okay. So if Dighton is -- how far would you say Dighton is from Canton?
MS. HARTNETT: Again, I am really guessing. I would say maybe a half an hour.
MR. JACKSON: Thirty miles?
MS. HARTNETT: Potentially. I don't know exactly. I was never in Dighton.
MR. JACKSON: 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 ina blizzard before you saw them?
MS. HARTNETT: I don't know when the last pieces were -- ended up on the bumper. So I couldn't say.
MR. JACKSON: 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?
MS. HARTNETT: Yes. I did have that information.
MR. JACKSON: And that blizzard included high winds, freezing rains, snow, all the good stuff with a blizzard, correct?
MS. HARTNETT: I don't recall the exact weather conditions of the blizzard.
MR. JACKSON: But, irrespective, after all of that, whatever the "that" was, you saw these five pieces just sitting, perched on the top of the bumper, not imbedded in any way, correct?
MS. HARTNETT: That's correct.
MR. JACKSON: And you recovered those with little bitty tweezers, correct?
MS. HARTNETT: Yes.
MR. JACKSON: We can take this down with the Court's permission.
MR. JACKSON: You testified on direct examination that you also found a hair on that rear panel, the quarter panel, of the car, correct?
MS. HARTNETT: Yes. At the time at the scene I noted there was an apparent hair. Correct.
MR. JACKSON: And the apparent hair -- and I'll try to use that same word. I keep forgetting. You'll correct me. That apparent hair was not sitting on the horizontal bumper but on a vertical portion of the quarter panel, correct?
MS. HARTNETT: That's correct.
MR. JACKSON: Did you find the hair or was that hair pointed out to you by somebody else?
MS. HARTNETT: I believe I located the hair.
MR. JACKSON: How exactly was that hair secured to that vertical panel if you can explain that?
MS. HARTNETT: It didn't appear to be secured in any way. It was just on that quarter panel.
MR. JACKSON: Okay. So it wasn't taped?
MS. HARTNETT: No.
MR. JACKSON: It wasn't glued?
MS. HARTNETT: No.
MR. JACKSON: It wasn't stapled?
MS. HARTNETT: No.
MR. JACKSON: It was not affixed in any way whatsoever? It was just perched on that vertical panel of the SUV, correct?
MS. HARTNETT: That's correct.
MR. JACKSON: And for you to remove it -- and, by the way, you found this at the same time that you found -- general time that you found the glass pieces, as well?
MS. HARTNETT: That's correct.
MR. JACKSON: So that hair potentially would have had to make that same 60-mile round trip in the same blizzard?
MS. HARTNETT: I don't know when that hair was deposited on the vehicle.
MR. JACKSON: Right. And it didn't take you much to remove that hair, correct?
MS. HARTNETT: I picked it off with a pair of tweezers.
MR. JACKSON: It didn't give you any resistance?
MS. HARTNETT: Not that I recall.
MR. JACKSON: 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.
MR. JACKSON: With the Court's permission, these are Exhibits 165 and 173. If we could start with 165 and publish that.
MR. JACKSON: Does that look like a closeup view --
MR. JACKSON: Actually, is that zoomed? Can we pull back out? Your Honor, may I do this a different way?
JUDGE CANNONE: All right.
MR. JACKSON: This is actually, with the Court's permission -- Your Honor, may I approach briefly?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: If 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 are not marked on there but what you earlier looked at. Do those appear to be those two exhibits that you earlier saw?
MS. HARTNETT: Yes. I don't know what numbers they were, but I do remember seeing these photos earlier.
MR. JACKSON: Fair enough. And then the second two photos, do those appear to be zoomed photos of the same two photographs?
MS. HARTNETT: Yes, they do.
MR. JACKSON: With the Court's permission, I would ask that the zoomed photos be marked as the next in order.
JUDGE CANNONE: All right. Is there any objection, Mr. Lally?
MR. LALLY: No, Your Honor.
MR. JACKSON: May I approach?
JUDGE CANNONE: Yes.
(Whereupon, photographs were entered and marked Exhibits No. 259 and 260 in Evidence.)
COURT REPORTER: 259 and 260.
JUDGE CANNONE: Thank you.
MR. JACKSON: Thank you. May I inquire, Your Honor? Yes.
BY MR. JACKSON:
MR. JACKSON: All right. We are looking at what's previously been marked as 165. Does that appear to be a photo of the hair?
MS. HARTNETT: Would it be possible just to zoom in on the sticker?
MR. JACKSON: Absolutely. This is not an eye contest.
MS. HARTNETT: Just a little bit more. I'm just trying to read the letter on the white marker. Yes. Correct.
MR. JACKSON: So that hair looks -- as we are looking at it, you will agree that that hair looks almost like a backwards "C," correct? In other words, it looks like it's more vertical than flat in that photograph, correct?
MS. HARTNETT: I would agree it looks like a "C" on this side of the car.
MR. JACKSON: If we could go to Exhibit 173.
MR. JACKSON: And this is the same hair photographed a second time, correct?
MS. HARTNETT: If we could again just zoom in on that sticker?
MR. JACKSON: Of course.
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Ms. Hartnett, does it look to you like between the first and the second photographs that hair has moved? It's no longer an inverted "C" but a "C"?
MS. HARTNETT: I don't know that I necessarily agree with that. I see the two ends which may still be making contact with the vehicle. I can't make that determination based on this photo.
MR. JACKSON: Fair enough. So that was sort of my next question. I'll just dovetail 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 point?
MS. HARTNETT: 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 just can't make that determination.
MR. JACKSON: But you would agree that that hair was somewhat precariously perched on that vertical quarter panel, correct?
MR. LALLY: Objection.
JUDGE CANNONE: I'll sustain the objection. Ask it differently.
MR. JACKSON: Mr. Bates, we are finished with that. With the Court's permission, we can take that down.
BY MR. JACKSON:
MR. JACKSON: If you take a look at the zoomed photos that have just been marked as 259 and 260, respectively, can you 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.
MS. HARTNETT: Okay.
MR. JACKSON: 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?
MS. HARTNETT: I just don't think I can make that determination. They are taken from different angles. I just don't know. 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.
MR. JACKSON: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. JACKSON: Thank you.
BY MR. JACKSON:
MR. JACKSON: Thank you, Ms. Hartnett. There is one more exhibit I'd like to take a quick look at and ask you a couple of questions, with the Court's permission, Exhibit 195, which is a shirt.
JUDGE CANNONE: Okay.
MS. HARTNETT: (Witness complies.)
MR. JACKSON: Do you recognize what's depicted in this photograph?
MS. HARTNETT: Yes, I do.
MR. JACKSON: And you saw this just a few minutes ago on direct examination, as well, correct?
MS. HARTNETT: Yes.
MR. JACKSON: You indicated that you took two swabs from the, quote, “area around damage Nos. 1 through 9 of the gray sweatshirt," end quote, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: 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 did you do that?
MS. HARTNETT: I moistened two cotton swabs with sterile water, and then I took those two swabs -- may I use the pointer to just show?
MR. JACKSON: Of course.
MS. HARTNETT: I vigorously swabbed around 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 of those areas.
MR. JACKSON: One collection on Swab 1 and one collection on Swab 2. You just repeated the process?
MS. HARTNETT: No. 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.
MR. JACKSON: We can take that down. Thank you.
MR. JACKSON: Okay. And you indicated that this was the first time that you had done swabbing specifically for the purpose of trying to find either canine DNA or animal DNA; is that right?
MS. HARTNETT: That's correct.
MR. JACKSON: Had you been trained at the time that you took the swabs, had you been trained or received any training or any teaching about the relationship about keratinized tissue and DNA?
MS. HARTNETT: No.
MR. JACKSON: Okay. Do you know what keratinized tissue is?
MS. HARTNETT: No.
MR. JACKSON: Did you photograph exactly where any of those swabs were taken or just notate it in your notes?
MS. HARTNETT: I notated it in my notes. That overall photo is a photo that I used to describe the sample that I collected.
MR. JACKSON: And I think it probably goes without saying you didn't videotape your swabbing technique on that shirt, either, correct?
MS. HARTNETT: That's correct.
MR. JACKSON: Okay. You did include a handwritten note on your report that you found, quote, "debris" from tee shirt 7-17 and shirt 7-18, correct?
MS. HARTNETT: I performed a debris collection on each of those items. I don't know if that's what you're referring to.
MR. JACKSON: That is what I'm referring to.
MS. HARTNETT: Okay.
MR. JACKSON: So there was a note in your report that you had recovered some debris or had done some debris collection, correct?
MS. HARTNETT: That's correct.
MR. JACKSON: And you indicated in your note that the debris was from shirt 7-17 and shirt 7-18; is that right?
MS. HARTNETT: May I refer to my notes?
MR. JACKSON: With the Court's permission.
JUDGE CANNONE: Yes.
MS. HARTNETT: Thank you. Yes. That's correct.
BY MR. JACKSON:
MR. JACKSON: And shirt 7-17 is which shirt?
MS. HARTNETT: The orange tee shirt.
MR. JACKSON: And shirt 7-18 is which shirt?
MS. HARTNETT: The long-sleeve gray shirt.
MR. JACKSON: All right. So you took -- is the correct word "scrapings"?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Okay. You took scrapings from both shirts; is that right?
MS. HARTNETT: Yes. Correct.
MR. JACKSON: And then combined those together and submitted that as the quote, unquote, "debris" that was assigned a new item number, 7-18.18, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: So as you sit here, you don't know where the debris came from specifically other than the two shirts. It could be one. It could be the other. It could have been a combination of both?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Did you describe in detail anywhere the actual debris that you found, little fibers, little hairs, little pieces of green or blue or whatever? Anything like that?
MS. HARTNETT: 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.
MR. JACKSON: Okay. And you did not note any debris item that was plastic or plasticine, anything like that, correct?
MS. HARTNETT: No. I did not make any kind of observations on the debris, itself.
MR. JACKSON: And there was no marker put on any part of the debris that was recovered, correct?
MS. HARTNETT: That's correct.
MR. JACKSON: And there was no photograph taken of the debris?
MS. HARTNETT: That's correct.
MR. JACKSON: And there was no videotape of the debris collection?
MS. HARTNETT: Correct.
MR. JACKSON: Okay. When you received Item 7-17 and Item 7-18, that came in one evidence bag, did it not?
MS. HARTNETT: Yes, it did.
MR. JACKSON: Your Honor, may I go through them?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: If you wouldn't mind taking a look at that, that is a photograph. I would ask you to review and tell me if you recognize it, not the photograph but what's depicted in the photograph.
MS. HARTNETT: Yes, I do.
MR. JACKSON: How do you recognize that?
MS. HARTNETT: This is the container that contains the -- it is a photo of the brown paper bag that contains the long-sleeve gray shirt as well as the orange tee shirt.
MR. JACKSON: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. JACKSON: If I could ask that be marked as the next in order.
JUDGE CANNONE: Do you object, Mr. Lally?
MR. LALLY: No, Your Honor.
(Whereupon, photograph was entered and marked Exhibit No. 261 in Evidence.)
COURT REPORTER: Exhibit 261.
MR. JACKSON: May I approach?
JUDGE CANNONE: Yes.
MR. JACKSON: Thank you.
BY MR. JACKSON:
MR. JACKSON: This evidence bag notes -- let me start over. This evidence bag is in the condition that it was in when you received it, meaning the writing on the bag was already there when you received it?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: And it notes that it was -- these items of evidence were collected by Trooper Proctor, correct?
MS. HARTNETT: Yes. Correct.
MR. JACKSON: And the date of collection was January 29, 2022; is that right?
MS. HARTNETT: I'd have to relook at that.
MR. JACKSON: Of course.
MR. JACKSON: May I approach?
JUDGE CANNONE: Yes.
MS. HARTNETT: Yes.
MR. JACKSON: Your Honor, may I display --
JUDGE CANNONE: So you got an answer.
MS. HARTNETT: My apologies.
MR. JACKSON: I'm sorry.
MS. HARTNETT: The date down there is January 29th, 2022.
MR. JACKSON: So I don't have to walk back and forth, may I display this for the jurors with the Court's permission?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: Okay. Does that look like what you were looking at in Exhibit 261?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Thank you. Let me see if I can stand out of the way. You see Trooper Proctor's name on the evidence bag as the person that collected it?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: And it also has a description of what's in the bag. And it shows both the orange tee shirt and the gray sweatshirt collected together and bagged together, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: And the date, once again, on the upper right is January 29th, 2022, correct?
MS. HARTNETT: Yes.
MR. JACKSON: 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?
MS. HARTNETT: Yes. They are tracked as soon as they are entered into our laboratory system by us.
MR. JACKSON: I didn't hear any of that. I'm so sorry.
MS. HARTNETT: My apologies. The item would be tracked as soon as it's submitted to our lab by us, by the crime lab.
MR. JACKSON: Thank you.
MR. JACKSON: We can take this down, Your Honor. Thank you.
MR. JACKSON: The debris that you ultimately got from the shirt or the shirts, you don't know if that debris may have been in the bag and the shirts picked up debris in the bag or otherwise, correct?
MS. HARTNETT: Correct.
MR. JACKSON: Because they were housed together or stored together?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: 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 point?
MS. HARTNETT: I don't have any knowledge of what condition the clothing was in before I got it.
MR. JACKSON: And that probably answered 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 on the floor of a hospital room, as well?
MS. HARTNETT: I have no investigation about where the shirts were.
MR. JACKSON: One of the things that you did indicate in your direct examination was how important it is to maintain sanitary conditions with evidence to avoid contamination, correct?
MS. HARTNETT: That's correct.
MR. JACKSON: 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?
MS. HARTNETT: If a swab is dropped on the floor, we don't discard it. We would preserve it. But that would be a note we would have to put in our file. And, yes, that swab would not be tested any further.
MR. JACKSON: Right, because of the possibility of cross- contamination?
MS. HARTNETT: Correct.
MR. JACKSON: And at least according to the evidence bag, those two shirts were in the custody and control of which trooper before you got them?
MS. HARTNETT: Trooper Proctor collected the evidence according to the bag.
MR. JACKSON: Thank you. Ultimately, Ms. Hartnett, every single piece of taillight material and clothing that you've described in your testimony today on direct and 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?
MS. HARTNETT: No. That's incorrect.
MR. JACKSON: Which portion was in the lab before March 14th?
MS. HARTNETT: The taillight that I collected from the vehicle was submitted prior to that as well as any other items that I took from the vehicle.
MR. JACKSON: Okay. That was a great answer and my mistake. I knew that and I forgot it. So the taillight, the housing, you took on the lst when you left?
MS. HARTNETT: Correct.
MR. JACKSON: Every other item other than the taillight housing, itself, which you took personal possession of, all the taillight fragments, all the clothing, orange shirt, gray shirt, jeans, shoes, everything, was all submitted in one fell swoop on March 14th, 2022; is that right?
MS. HARTNETT: No.
MR. JACKSON: What else am I incorrect about?
MS. HARTNETT: So I just wanted to -- 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 with at Canton P.D. was submitted by me on February lst. The other items, the clothing items, were submitted together. And then there was another submission that had the fingernails and the known blood standards. So there were several submissions. So I am hesitant to lump it all into one because it did happen on different dates.
MR. JACKSON: 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 port, the taillight material and whatever swabs that you took -- I'm sorry, the taillight housing and whatever swabs you took, all of the other material that was submitted to the lab, all of the other evidence, the earliest date anything was submitted was March 14th, 2022?
MS. HARTNETT: If you don't mind, I'm just going to take another look at my submission forms.
MR. JACKSON: Of course.
MR. JACKSON: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. JACKSON: I think I have a two-page document. I'll show Mr. Lally.
BY MR. JACKSON:
MR. JACKSON: Is that a copy of your submission form?
MS. HARTNETT: Yes, it is.
MR. JACKSON: Okay. If you could familiarize yourself with that for just a quick second?
MS. HARTNETT: Yes.
MR. JACKSON: May I approach one more time, Your Honor?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: I have one more document I'm going to ask you to take a glance at.
MS. HARTNETT: (Witness complies.)
MR. JACKSON: Do you recognize that document?
MS. HARTNETT: Yes.
MR. JACKSON: What is that document, the second document that I just handed you?
MS. HARTNETT: This is a printed chain of custody report from our laboratory information management system.
MR. JACKSON: Your Honor, with the Court's permission, I'd like to mark the -- BY MR. JACKSON::
MR. JACKSON: The first document's name again? I'll get it right.
MS. HARTNETT: It's the evidence submission form for Submission 7.
MR. JACKSON: Evidence submission form for Submission 7, a two-page document. If I could have that marked as the next in order and then the --
MS. HARTNETT: Chain of custody report.
JUDGE CANNONE: Is there an objection, Mr. Lally?
MR. LALLY: Yes, to both, Your Honor.
JUDGE CANNONE: So the objection is sustained unless you want to convince me otherwise.
MR. JACKSON: I'll have them marked for I.D. if that is appropriate, Judge, if that's okay with the Court?
JUDGE CANNONE: Yes.
COURT REPORTER: That will be "UU" and "VV."
(Whereupon, evidence submission form was entered and marked Exhibit No. "UU" for Identification.)
(Whereupon, chain of custody report was entered and marked "VV" for Identification.)
JUDGE CANNONE: There are Post-its on the other one. Do you want to take them off?
MR. JACKSON: I was actually going to ask if -- I think they will help the witness. It will go a lot faster with those Post-its on it.
BY MR. JACKSON:
MR. JACKSON: If you could take a look at what's been marked as "VV," that's the log. I just want to go through this relatively quickly. With regard to plastic pieces that were submitted, if you look on, for instance, page 11, where a tab is --
MS. HARTNETT: Yes.
MR. JACKSON: -- that shows that that piece was submitted on March 14th, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: And there was a piece submitted on March 14th notated on page 12?
MS. HARTNETT: What item are you referring to?
MR. JACKSON: It's a plastic piece.
MS. HARTNETT: Yes. Correct.
MR. JACKSON: Page 13, another plastic piece?
MS. HARTNETT: Yes, submitted on March 14th.
MR. JACKSON: And page 14, another plastic piece?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Page 15, another plastic piece?
MS. HARTNETT: Correct.
MR. JACKSON: And page 17?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: And then, if you return to the next page, page 18, that's the orange tee shirt that shows its submission date, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: And what is that date?
MS. HARTNETT: March 14th.
MR. JACKSON: And then on page -- on the very bottom page 20, going into page 21, there is another item, the gray tee shirt or gray sweatshirt?
MS. HARTNETT: Yes. That was also submitted on March 14th.
MR. JACKSON: Okay. Thank you.
MR. JACKSON: If I may approach?
JUDGE CANNONE: Yes.
MR. JACKSON: Thank you.
JUDGE CANNONE: So we need those. They are marked for identification.
MR. JACKSON: I'm not sure if I'm going to use it one more time.
JUDGE CANNONE: Why don't you put it up on the bench.
MR. JACKSON: Of course.
JUDGE CANNONE: You can grab it.
MR. JACKSON: May I?
JUDGE CANNONE: Yes.
BY MR. JACKSON:
MR. JACKSON: Ms. Hartnett, 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 port, everything else that you've testified to was submitted to you on March 14th or after, correct?
MS. HARTNETT: That's correct.
MR. JACKSON: And all submitted by Trooper Proctor, correct?
MS. HARTNETT: I know they were all submitted by the Norfolk County Detective Unit. I don't know the specific officer that necessarily dropped them off at the lab.
MR. JACKSON: Can you answer the question based on the log information that you have and the chain of custody that you have in front of you, can you answer the question whether Trooper Proctor or anybody else stored the taillight lens material and the clothing in the same place or in the same bag before you received it?
MS. HARTNETT: I'm sorry. Can you just repeat that question one more time?
MR. JACKSON: Sure. 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 determine where things were and who had them, can you tell us whether or not Trooper Proctor or anybody else stored any of the taillight material and the clothing in the same place or even in the same bag?
MS. HARTNETT: No. I don't have any information to how the evidence was treated before it was received in the lab.
MR. JACKSON: 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?
MR. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. JACKSON:
MR. JACKSON: You don't personally have any chain of custody information about those items we just went over predating March 14th; do you?
MS. HARTNETT: I personally do not have any data that would indicate where those items of evidence were prior to them being accepted into the lab.
MR. JACKSON: 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 are handled and by whom, correct?
MS. HARTNETT: That's correct.
MR. JACKSON: Thank you. I have nothing further at this time.
JUDGE CANNONE: Okay. Anything, Mr. Lally?
MR. LALLY: Just a couple.
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: The vehicle that you observed, the defendant's vehicle, in the sally port of the Canton Police Station, that was in generally overall good condition other than the areas of damage that you noted on the right rear, correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And, when you were swabbing, the swabs that you took from the taillight housing that you then later submitted to DNA, that was a taillight housing that you took from the Canton Police Station, correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: You logged that into the lab?
MS. HARTNETT: Yes, I did.
MR. LALLY: You took those swabbings and then you packaged them and you sent them to the DNA, correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And all of those swabbings were taken from the exterior area of that taillight assembly; is that correct?
MR. JACKSON: Objection, Your Honor.
JUDGE CANNONE: The objection is sustained as to the form.
BY MR. LALLY:
MR. LALLY: With regard to those swabbings that you took from the taillight housing, where on the taillight housing did you take them from?
MS. HARTNETT: I took them from what would have been the exposed area of the taillight should the taillight have been intact. So I did not collect from any of the interior portions of the taillight that would have been protected by the exterior plastic piece.
MR. LALLY: Now, at the time that you were looking at the vehicle in the sally port of the Canton Police Station, do you recall what the temperature was inside the garage?
MS. HARTNETT: No. I don't have that information.
MR. LALLY: Was the temperature the same inside the garage as it was outside of the garage? If you know, was it heated at all?
MS. HARTNETT: I don't know if it was heated.
MR. LALLY: As far as 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?
MS. HARTNETT: Not to my recollection, no.
MR. LALLY: I have nothing further, Your Honor.
JUDGE CANNONE: Anything?
MR. JACKSON: One follow-up question.
JUDGE CANNONE: Okay.
MR. JACKSON: May I publish, Your Honor?
JUDGE CANNONE: Yes.
RECROSS-EXAMINATION BY MR. JACKSON:
MR. JACKSON: If you'd take one more look at what's been marked for identification as "UU," that is the evidence submission form, correct?
MS. HARTNETT: Yes. That's correct.
MR. JACKSON: Who signed that form?
MR. LALLY: Objection.
JUDGE CANNONE: So the objection is sustained unless you want to see me at sidebar.
MR. JACKSON: I'll ask you a different way, Your Honor.
BY MR. JACKSON:
MR. JACKSON: Whose name is on the bottom of the form?
MR. LALLY: Objection.
JUDGE CANNONE: That's the same question.
MR. JACKSON: I thought I'd try.
JUDGE CANNONE: Do you want to come up to sidebar?
MR. JACKSON: Yes, Your Honor.
JUDGE CANNONE: May I have that, please, Ms. Hartnett?
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: Okay. What is your objection?
MR. LALLY: It's beyond the scope.
JUDGE CANNONE: It is beyond the scope. Are you getting into this very limited redirect?
MR. JACKSON: Because the entire issue is that --
JUDGE CANNONE: Sorry. That's my fault, Nancy.
MR. JACKSON: It probably technically is but if I could ask to reopen, it calls for one question.
JUDGE CANNONE: No. It's beyond the scope.
MR. JACKSON: I can get it in through Trooper Proctor, but it's so much easier to ask her one question: who signed it.
JUDGE CANNONE: It's hearsay. It's hearsay. It's beyond the scope. You can get it in through Proctor.
MR. JACKSON: Okay.
JUDGE CANNONE: I'm convinced you'll be able to get it in at some point.
MR. JACKSON: I will.
JUDGE CANNONE: But just not here. I'm not going to start relaxing that.
MR. JACKSON: All right. That's fair.
(Whereupon, the sidebar conference concluded.)
MR. JACKSON: Thank you. I have no further questions.
JUDGE CANNONE: All right, Ms. Hartnett. You are all set.
(Whereupon, the witness is excused.)
JUDGE CANNONE: All right. Your next witness, Mr. Lally?
MR. LALLY: Yes, Your Honor. The Commonwealth calls Mx. Ashley Vallier to the stand.
JUDGE CANNONE: Mr. Lally, would you remove the exhibits up on the witness stand?
MR. LALLY: Yes, Your Honor.