Commonwealth v. Read — Trial ArchiveMaureen Hartnett — Direct
1,081 linesWhereupon, MAUREEN HARTNETT having been first duly sworn, was examined and testified under oath as follows:
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good morning, ma'am.
MS. HARTNETT: Good morning.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MS. HARTNETT: Maureen Hartnett, H-A-R-T-N-E-T-T.
JUDGE CANNONE: All right. Ms. Hartnett, I'm going to ask you to keep your voice up. Okay?
MS. HARTNETT: Okay. Thank you.
BY MR. LALLY:
MR. LALLY: And, Ms. Hartnett, what do you do for work?
MS. HARTNETT: I am a Forensic Scientist II with the Criminalistics Unit and Crime Scene Response Unit at the Massachusetts State Police Crime Laboratory.
MR. LALLY: And how long in total have you been with the Massachusetts State Police Crime Lab?
MS. HARTNETT: In total, approximately eight years.
MR. LALLY: And I'm going to ask you some questions in just a little bit about your educational background. Where did you go as far as your undergraduate was concerned?
MS. HARTNETT: I have a Bachelor of Science in Biology from Bridgewater State University.
MR. LALLY: And following receipt of that degree, where did you go from there?
MS. HARTNETT: I have a Master of Science in Forensic Science from the University of New Haven.
MR. LALLY: And, after you received your master's, where did you go after that?
MS. HARTNETT: I was then hired by the Massachusetts State Police Crime Laboratory.
MR. LALLY: When you're initially hired -- you mentioned that you're a Forensic Scientist II now; is that correct?
MS. HARTNETT: Yes. Correct.
MR. LALLY: So when you're initially hired or when you were initially hired at the state crime lab, what was your position and what did that entail?
MS. HARTNETT: Are you referring to back in 2004 or my current hire?
MR. LALLY: Back in 2004.
MS. HARTNETT: In 2004, I was originally hired as a temporary employee in the CODIS unit.
MR. LALLY: And what is it that you did there?
MS. HARTNETT: I collected blood samples for the DNA database.
MR. LALLY: And did you receive any sort of training in regard to that work?
MS. HARTNETT: Yes. I was trained on how to properly collect and seal those samples.
MR. LALLY: And what did the training sort of consist of in reference to that?
MS. HARTNETT: I demonstrated being able to take those collections and properly store them and submit them.
MR. LALLY: Now, your current position. What is your position at the crime lab now?
MS. HARTNETT: Currently, I'm a Forensic Scientist II in the criminalistics unit and crime scene response units.
MR. LALLY: And what is sort of the difference between a Forensic Scientist II versus a Forensic Scientist I?
MS. HARTNETT: A Forensic Scientist I is still in training at the crime lab.
MR. LALLY: And did you start as a Forensic Scientist I when you came into this particular unit?
MS. HARTNETT: Yes, I did.
MR. LALLY: And about how long a period or process is it from the time that you start as a Forensic Scientist I before you become a Forensic Scientist II?
MS. HARTNETT: It took me approximately nine to 10 months to be signed off to be a Forensic Scientist II.
MR. LALLY: And can you explain to the jury sort of what goes on as far as that process is concerned, going from a Forensic Scientist I to a Forensic Scientist II?
MS. HARTNETT: During that time period, we are being trained in the various types of analysis that we will perform in the criminalistics unit.
MR. LALLY: And what exactly does that training sort of consist of?
MS. HARTNETT: 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 anda hands-on practical exam. Once each module is successfully completed, we will move on to the next module.
MR. LALLY: And what are your duties as a forensic scientist in the criminalistics unit and crime scene response unit?
MS. HARTNETT: 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 gunshot residue collection and damage analysis.
MR. LALLY: And, with respect to the crime scene response unit?
MS. HARTNETT: For the crime scene response unit, I respond to crime scenes. I document crime scenes, analyze or test evidence, preserve the evidence and then transport that evidence back to the crime lab.
MR. LALLY: And now with reference to your training and experience specifically in the crime scene response unit, based on your training and experience, what is sort of the definition of what is a crime scene?
MS. HARTNETT: A crime scene is any location that may contain evidence related to a crime.
MR. LALLY: Now, with regard to those two positions, what, if any, training did you receive with regard to those two units that you're currently in while you were at the lab?
MS. HARTNETT: I'm sorry. Are you speaking about the crime scene training specifically?
MR. LALLY: Crime scene training, yes. Let me ask you first to start with the criminalistics training.
MS. HARTNETT: The criminalistics training. I completed modules on fluid identification such as blood and semen, trace analysis, identification of hairs and fibers, pattern evidence such as blood stain pattern evidence as well as damage analysis.
MR. LALLY: And, as far as the training was concerned with regard to the crime scene response unit?
MS. HARTNETT: I received training in proper documentation using sketches and diagrams of the scene. I also received training in trace collection at crime scenes as well as gunshot residue at crime scenes.
MR. LALLY: Now, the crime lab that you work for, is that lab accredited?
MS. HARTNETT: Yes, it is.
MR. LALLY: And what does -- as far as accreditation, what does that mean?
MS. HARTNETT: Accreditation is a voluntary quality assurance process that the laboratory is a part of where an outside body evaluates our crime lab to ensure that our personnel, procedures, instruments are held to certain scientific standards.
MR. LALLY: And the outside sort of vendor or the outside accrediting agency, who is that in regard to the Massachusetts State Police Crime Lab?
MS. HARTNETT: Our laboratory is accredited by ANAB, which stands for ANSI National Accreditation Board. And ANSI is another acronym that stands for American National Standards Institute.
MR. LALLY: And as far as that accreditation is concerned, how often is that something that your lab undergoes or is there a certain audit process? How is the accreditation achieved?
MS. HARTNETT: We are audited, I believe -- I want to say every two years, but I'm not 100 percent sure. 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.
MR. LALLY: And, as far as that accreditation is concerned, is that something that was up to date in the month of January of 2022?
MS. HARTNETT: Yes, it was.
MR. LALLY: And is it up to date currently, as well?
MS. HARTNETT: Yes.
MR. LALLY: Now, your work, I believe you just alluded to this as far as your testimony. But does your work go through some sort of review process?
MS. HARTNETT: Yes. Every assignment that I complete goes through both a technical review process and an administrative review process.
MR. LALLY: Can you explain a little bit about what each of those is and what it means?
MS. HARTNETT: A technical 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.
MR. LALLY: Are you familiar, based on your training and experience within the lab, with something called a proficiency test?
MS. HARTNETT: Yes, I am.
MR. LALLY: And can you explain to the jury what is your understanding or what is a proficiency test?
MS. HARTNETT: Proficiency tests are given in the different types of analyses that we do at the lab to ensure that we are maintaining our competency in that type of analysis.
MR. LALLY: And about how often are these administered or how often do you take proficiency tests?
MS. HARTNETT: For a biological fluid identification, I take two per year. For trace identification, I take one per year. Excuse me. For crime scene response, I take one per year.
MR. LALLY: And these proficiency tests, are they required by the accrediting body, ANAB, that you were referring to?
MS. HARTNETT: Yes, they are.
MR. LALLY: And did you take a proficiency test in hair and fiber identification in 2022?
MS. HARTNETT: Yes, I did.
MR. LALLY: And what was the outcome of that proficiency test?
MS. HARTNETT: That was successfully completed and required a remediation.
MR. LALLY: And can you explain to the jury what remediation is and why this specific proficiency test required remediation?
MS. HARTNETT: A remediation occurs when you have an inconsistent answer that is expected by the laboratory or by the test provider. In this particular instance, I had an inconsistent answer with the expected laboratory result.
MR. LALLY: And how was the remediation completed in this instance?
MS. HARTNETT: After the inconsistent answer was identified by my technical leader, we had a verbal discussion about why I came to the conclusion I did. To be more specific, one item -- each item had two samples. One of the samples for Item 4 I determined that to be a human hair without a root when, in fact, the root 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.
MR. LALLY: And, during that remediation process, were you permitted to continue to perform case work during that time?
MS. HARTNETT: Yes, I was. I was permitted to continue to perform case work in hair and fiber identification. However, I was temporarily asked to not perform technical reviews of my peers' work on hair and fiber identification.
MR. LALLY: And was prior case work that you had completed evaluated to verify that the previous reports were issued correctly?
MS. HARTNETT: Yes, they were.
MR. LALLY: And what was the determination in regard to that?
MS. HARTNETT: No previous case work was affected by this error.
MR. LALLY: And have you since completed additional proficiency tests in hair and fiber identification?
MS. HARTNETT: Yes, I did.
MR. LALLY: And what were the outcomes of those subsequent proficiency tests?
MS. HARTNETT: Those were successfully completed without needing any additional remediation.
MR. LALLY: As far as the remediation was concerned, if you could just explain to the jury sort of what the issue was and what that remediation process looked like again?
MS. HARTNETT: Sure. So I received four items in hair and fiber identification. Each item was -- told that they came from the same source. Item No. 4 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 in the microscope. 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 soft appearance of the root which I thought was damage. Because we had this discussion and I agreed with the different characteristics that she showed me, she then gave me several hairs both with damage and with roots so that I could basically continue to 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.
MR. LALLY: Now, how many criminalistics cases have you processed over your time at the lab?
MS. HARTNETT: Over a thousand.
MR. LALLY: And how many scenes have you processed in regard to your work with the crime scene response unit?
MS. HARTNETT: I've responded to approximately 150 scenes, 80 of which I was the lead investigator on.
MR. LALLY: And how many exams have you completed with regard to motor vehicles?
MS. HARTNETT: Approximately 65.
MR. LALLY: Now, if I could ask just a general question as far as blood testing is concerned. How is it that you test for blood?
MS. HARTNETT: 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 tests. If that screening test is positive, I go on to perform a confirmatory test.
MR. LALLY: And, as far as the screening test is concerned, can you explain to the jury sort of what it is that you do in performing that screening test?
MS. HARTNETT: 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 it 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 will be a color change, either blue or pink, for blood.
MR. LALLY: And, with regard to the confirmatory test, can you explain to the jury sort of what does that consist of?
MS. HARTNETT: If the screening test is positive, I'll go on to perform a confirmatory test where an organic cotton swab is applied to the area of interest or I need to get a cutting, depending on what the substance is. I then add a chemical to that cutting or swab, and then the liquid portion is added to a test card, something Similar to a -- if you've taken a COVID test ora 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.
MR. LALLY: And through your training and experience and work with the lab, are you familiar with the term Q- LIM?
MS. HARTNETT: Yes, I am.
MR. LALLY: And can you explain to the jury what Q-LIM means or how it's applied in your work?
MS. HARTNETT: Q-LIM stands for quantity limited, which means that the sample, if it's being sent for, the DNA would not be able to be divided in two. Typically, we divide each sample going forward with DNA into two, one to be tested in our DNA unit and one to be preserved for future testing. If an item is determined Q-LIM, it means that that item, the entire item, will be used up in the DNA processing.
MR. LALLY: Now, Ms. Hartnett, if I could turn your attention to February 2nd, 2022. Do you recall that day?
MS. HARTNETT: Yes, I do.
MR. LALLY: And, on that day, were you dispatched to the Canton Police Department?
MS. HARTNETT: Yes, I was.
MR. LALLY: Do you recall approximately what time of day it was that you arrived at the Canton Police Department?
MS. HARTNETT: I believe it was approximately 9:00 a.m.
MR. LALLY: And, when you arrived there, who, if anyone, beyond yourself, from the state police or other sort of personnel was present at the child protection program?
MS. HARTNETT: Trooper Proctor, Trooper Dunne and Trooper Clark from crime scene services unit.
MR. LALLY: And, at some point subsequent to that, were there other members of the state police that arrived in that area, as well?
MS. HARTNETT: Yes.
MR. LALLY: And was one of them a reconstructionist named Trooper Paul?
MS. HARTNETT: I'm not sure what the name was. I do know that the reconstruction team did come after I arrived.
MR. LALLY: Now, where within the Canton Police Department were you directed to go or where did you go?
MS. HARTNETT: I was directed to the Canton Police Department garage.
MR. LALLY: And, when you got to the garage, what specifically did you observe there and what, if anything, were you asked to do?
MS. HARTNETT: I was asked to examine a black Lexus SUV.
MR. LALLY: And did you then examine that black Lexus SUV?
MS. HARTNETT: Yes, I did.
MR. LALLY: And you made certain observations of that; is that correct?
MS. HARTNETT: Yes. Correct.
MR. LALLY: Now, with respect to your observations that you made of the black Lexus SUV, was that memorialized in any way?
MS. HARTNETT: Yes. I took notes as I was examining it.
MR. LALLY: And you mentioned Trooper Clark, as well, correct?
MS. HARTNETT: Yes. Correct.
MR. LALLY: And is he from the crime scene services section within the state police lab?
MS. HARTNETT: Yes.
MR. LALLY: And what, if anything, was he doing with reference to the black Lexus while you were making your observations or while you were conducting your work?
MS. HARTNETT: I believe he was taking photographs. I don't know any other -- I don't know what else he performed while he was there.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I am showing you a three-page document. I just ask you to look at that and look up when you're finished.
MS. HARTNETT: (Witness complies.)
MR. LALLY: Do you recognize that document, ma'am?
MS. HARTNETT: Yes.
MR. LALLY: What do you recognize it to be?
MS. HARTNETT: It looks like diagrams that I had taken at the scene. However, it appears to be missing some information.
MR. LALLY: So as far as the notes that you took --
COURT REPORTER: If you could stand at the podium, please? Thank you.
BY MR. LALLY:
MR. LALLY: Ms. Hartnett, you had taken notes on those diagrams when you were at the Canton Police Station in the garage?
MS. HARTNETT: Yes, I did.
MR. LALLY: Okay. And that diagram that you have before you does not contain those notes; is that correct?
MS. HARTNETT: That's correct.
MR. LALLY: Okay. But, as far as the diagrams that you had before you and that you were taking notes on, those are the diagrams or a form of those diagrams?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And contained on that is certain information related to the vehicle; is that correct?
MS. HARTNETT: Yes. Correct.
MR. LALLY: It includes the make, the model, the license plate number; is that correct?
MS. HARTNETT: Yes.
MR. LALLY: And, if you could, just read from that form as far as what you recorded as far as the make, the model and the license plate number?
MS. HARTNETT: The make is a Lexus. The model is LX570. The year was 2021. The regulation is Massachusetts [REDACTED] [REDACTED] The VIN number is [REDACTED]. The exterior color is black. The interior color is tan. The registrant is Karen Read, and the exam location was Canton P.D. garage.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth seeks to introduce and admit as the next exhibit.
JUDGE CANNONE: Any objection?
MR. JACKSON: No objection.
(Whereupon, diagram was entered and marked Exhibit No. 137 in Evidence.)
BY MR. LALLY:
MR. LALLY: Now, Ms. Hartnett, with reference to the diagram that you took, that you took notes on, do you have a copy of that with you today?
MS. HARTNETT: Yes, I do.
MR. LALLY: And, Your Honor, with the Court's permission, I would ask that the witness be allowed to take that out just as far as her testimony related to the diagrams?
JUDGE CANNONE: Okay.
MR. LALLY: And, with the Court's permission, as well, I would ask if we could display what's now been marked as 137 on the screen?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: And, Ms. Hartnett, before you, I believe, on that desk in front of you there should be a laser pointer?
MS. HARTNETT: Yes.
MR. LALLY: Just click on the button there and point it at the screen if I or anyone asks you to do so with reference to the screen. So, Ms. Hartnett, with reference to what's up on the screen, the top of that first page of diagrams, if you could, using that laser pointer, direct the jury's attention to what you observed and what, if anything, you made note of in reference to your observations of the black Lexus on February 2nd.
MS. HARTNETT: In my notes, I have the vehicle was in overall good condition and there was damage noted on the rear passenger side area. That's not viewable in this particular diagram.
MR. LALLY: And, Ms. Gilman, if you could scroll down to the bottom?
MS. HARTNETT: This area here.
BY MR. LALLY:
MR. LALLY: And, as far as the damage that you noted in the right rear passenger area, what was it specifically that you noted?
MS. HARTNETT: I noted there was a dent --
MR. JACKSON: Objection, Your Honor.
JUDGE CANNONE: Don't read from that. What did you note?
MS. HARTNETT: There was a dent in the trunk door. There were scratches on the rear bumper, and there was a broken taillight.
MR. LALLY: And, Ms. Gilman, if I could have the next page, please.
BY MR. LALLY:
MR. LALLY: Now, from the diagrams that are up on the screen right now, page 2 of what's been marked as 137, if you could, using that laser pointer, direct the jury's attention to each of those observations you made and where they were in relation to the diagram?
MS. HARTNETT: The damage to the dent -- the rear door was in this area. The broken taillight was here, and then there were some scratches on the rear bumper, as well
(indicating).
MR. LALLY: Now, in addition to scratches on the rear bumper on the area of that lift gate in the back, what, if anything, else did you observe sort of within that area of the bumper?
MS. HARTNETT: I observed an apparent hair on the rear quarter panel about here (indicating). And I also noted some pieces of glass on the rear bumper. Excuse me. I want to say apparent pieces of glass.
MR. LALLY: Now, as far as that word, when you say "apparent hair on the rear bumper," why that terminology? Why do you call it that at that stage when you're in the garage and you're making these observations?
MS. HARTNETT: At that time, I noted that it was an apparent hair because I had not done any microscopic observation of the hair.
MR. LALLY: And, subsequent to that, did you do that microscopic examination of the hair that you observed in the rear area of that Lexus SUV?
MS. HARTNETT: Yes, I did.
MR. LALLY: And where was that performed?
MS. HARTNETT: That was performed back at the lab.
MR. LALLY: So that item was secured by yourself, taken back to the lab and examined microscopically?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: Now, with reference to what you termed as the apparent glass on the rear bumper, similar to the apparent hair, why is it that you use that terminology when you're first making those observations of it in the garage?
MS. HARTNETT: I do not have any confirmation that it was glass. We refer to it as apparent glass and preserve it for the trace unit.
MR. LALLY: And, when you say reserve it for the trace unit, if you could, just in general terms, describe to the jury what the trace unit is and what it is that they do as far as their analysis in relation to what you do?
MS. HARTNETT: Certain items will be examined in the trace unit for identification. So the criminalistics unit does not examine or perform glass identification. That would be done in the trace unit. They also will look at other items such as plastic and hairs. But I'm not comfortable going into the analysis that they perform. I don't have the details on that.
MR. LALLY: Lastly, Ms. Gilman, if I could have the third diagram within that?
MR. LALLY: And, again, Ms. Hartnett, what's up on the screen, is that what you have before you as to the third diagram?
MS. HARTNETT: Yes.
MR. LALLY: Or the third page of the diagram.
MS. HARTNETT: Yes.
MR. LALLY: And what, if anything, of significance did you note in this area of the diagram?
MS. HARTNETT: I noted the items that were located within the vehicle. There were some boxes on the back seat of the vehicle and there was also a package in the vehicle and some clothing and miscellaneous items in the trunk.
MR. LALLY: Now, as far as the items that were contained within the trunk, how high up were they? Let me ask you this: As far as the rear window of the trunk area, was there anything obstructing that?
MS. HARTNETT: I don't recall at this time.
MR. LALLY: Ms. Gilman, you can take that down. May I approach again, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I am going to show you initially a set of 18 photographs. I'd just ask you to generally look at those. I'm just going to ask you, generally speaking, if you recognize what is contained therein.
MS. HARTNETT: (Witness complies.)
MR. LALLY: Ma'am, generally speaking, do you recognize what is depicted in those photographs?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: These are photographs of the black Lexus SUV that I examined at the Canton Police Department.
MR. LALLY: And what's contained in those photographs, is that a fair and accurate portrayal of what you observed as far as black Lexus on that day, February 2nd?
MS. HARTNETT: Yes.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibit.
MR. JACKSON: No objection.
MR. LALLY: Your Honor, I don't mean to --
JUDGE CANNONE: Mr. Lally, the court reporter needs to mark them.
MR. LALLY: I understand. All I'm asking, Your Honor, 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?
JUDGE CANNONE: Yes.
COURT REPORTER: If anyone speaks before I'm done, it won't be on the record.
(Whereupon, photographs were entered and marked Exhibits No. 138 through 155 in Evidence.)
COURT REPORTER: Exhibits 138 through 155, Your Honor.
JUDGE CANNONE: Thank you.
MR. LALLY: Your Honor, with the Court's permission, may I --
JUDGE CANNONE: Mr. Lally, you really need to keep your voice up and Madam Witness.
MR. LALLY: Yes, Your Honor. And, Your Honor, with the Court's permission, may I publish those photographs that have now been marked for the jury?
JUDGE CANNONE: Yes.
MR. LALLY: And, Ms. Gilman, if I could start with 2498.
BY MR. LALLY:
MR. LALLY: Now, Ms. Hartnett, do you recognize what's up on the screen?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: That is a picture of the license plate of the black Lexus SUV.
MR. LALLY: And if I could have the next photograph, Ms. Gilman, 2499.
MR. LALLY: Again, do you recognize what's up on the screen, Ms. Hartnett?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: That is the front end of the Lexus SUV.
MR. LALLY: And, Ms. Gilman, the next photograph, 2500.
MR. LALLY: And, again, do you recognize what's up on the screen as this Exhibit 140?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize within this photograph?
MS. HARTNETT: It is the exterior of the Lexus SUV.
MR. LALLY: And as far as the -- this is inside of the garage at the Canton Police Station; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: In addition to the vehicle, is this a fair and accurate portrayal of what the inside of the garage looked like when you were there that day on February 2nd?
MS. HARTNETT: Yes.
MR. LALLY: If I could have the next photograph, Ms. Gilman, 2501.
MR. LALLY: And, again, do you recognize what's up on the screen, ma'am?
MS. HARTNETT: Yes.
MR. LALLY: And which part of the vehicle are we looking at in this photograph?
MS. HARTNETT: It looks like the front passenger side of the Lexus SUV.
MR. LALLY: The next photograph, Ms. Gilman, 2502.
MR. LALLY: Do you recognize what's depicted in this photograph, as well?
MS. HARTNETT: Yes.
MR. LALLY: And which side of the vehicle are we looking at at this point?
MS. HARTNETT: The driver's side.
MR. LALLY: And, Ms. Gilman, if I could have 2505?
MR. LALLY: And do you recognize what's in this photograph, Ms. Hartnett?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize this to be?
MS. HARTNETT: That's the rear driver's side of the black Lexus SUV.
MR. LALLY: And the next photograph, Ms. Gilman, 2506.
MR. LALLY: Do you recognize this, as well?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize this to be?
MS. HARTNETT: That's the rear of the black Lexus SUV.
MR. LALLY: As far as the caution tape that's around the vehicle, is that something that was around the vehicle at the time that you first came into the garage?
MS. HARTNETT: Yes, it was.
MR. LALLY: Now, from this photograph, 2506, which is Exhibit 145, using the laser pointer before you, if you could draw the jury's attention to the damage that you were talking about or where you observed that located on the vehicle?
MS. HARTNETT: There is damage here on the bumper, and there is also damage to the rear door. I think it may be blocked by the caution tape.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 2508? So looking now at what's been marked Exhibit 147, Ms. Gilman, if I could ask you to zoom ina little?
MR. LALLY: 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?
MS. HARTNETT: Yes, I do.
MR. LALLY: And, if you could, again, using the laser pointer before you, draw the jury's attention to where in this exhibit you observed that?
MS. HARTNETT: Right here (indicating). It's on the rear door, right underneath the window.
MR. LALLY: Now, as far as crime scene response is concerned, 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 what is it that you're doing over the course of your examination?
MS. HARTNETT: I complete an overall visual examination of the vehicle, noting any damage or anything that stands out that should be reported. I then look for any stains or material that is on the vehicle, specifically, any transfer that could have been left behind by a victim.
MR. LALLY: And, as far as making those observations, what, if anything, do you then do with regard to those observations that you make from the visual inspection?
MS. HARTNETT: I then perform testing on any stains that I note or any areas of interest and then collect anything that needs to be collected.
MR. LALLY: Now, with respect to this vehicle and this examination, what is it exactly that you were requested to examine?
MS. HARTNETT: I was informed that this vehicle may have been involved in a hit-and-run. So I was requested to examine it for biological material.
MR. LALLY: And what, if any, information were you given upon arrival to the Canton Police Department in regard to that vehicle?
MS. HARTNETT: 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.
MR. LALLY: And did you perform any testing with relation to the vehicle?
MS. HARTNETT: Yes, I did.
MR. LALLY: And what was that testing that you performed?
MS. HARTNETT: I performed blood screening on the low-lying areas of the undercarriage on each side of the tire flap, as well as the edge of the bumper and the exhaust pipe.
MR. LALLY: And what were the results of that testing that you performed there in the garage?
MS. HARTNETT: Those were negative.
MR. LALLY: And what, if any, evidence did you collect either from the vehicle or from any other source while you were at the Canton Police Station that day?
MS. HARTNETT: 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 apparent hair from the rear quarter panel, and I collected the taillight housing from the vehicle.
MR. LALLY: Turning away from that just for a moment --
MR. LALLY: Ms. Gilman, if I could ask for Photograph 2512.
MR. LALLY: Ms. Hartnett, directing your attention to the screen at what's been marked as Exhibit 150, do you recognize this?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what, if anything, of significance in relation to items collected or items that you observed do you observe in this particular photograph?
MS. HARTNETT: I observe the apparent glass on the rear bumper.
MR. LALLY: Ms. Gilman, if I could have Photograph 2515.
MR. LALLY: And, again, up on the screen what's now been marked as Exhibit 1153, do you recognize this?
MS. HARTNETT: Yes, I do.
MR. LALLY: Now, as far as that area that you were talking about where you recovered what you termed initially in the garage as an apparent human hair, do you see the location of that within this photograph?
MS. HARTNETT: Is it possible to zoom in a little bit on the area right next to the right rear taillight?
MR. LALLY: Ms. Gilman, would you do that? A To the best of my recollection, it was in this area.
MR. LALLY: Now, as far as areas where you observed certain items or where damage is indicated or observed by you, was that later marked in some fashion?
MS. HARTNETT: I note the damage in my notes.
MR. LALLY: But, as far as on the physical item, itself, is that marked in any way, shape or form?
MS. HARTNETT: Yes. I'll use stickers to indicate areas that I would then refer to back in my notes.
MR. LALLY: 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?
MS. HARTNETT: Yes.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: These are pictures of the interior of the black Lexus SUV.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Your Honor, the Commonwealth would seek to introduce and admit these -- it's just four photographs -- as the next exhibits.
JUDGE CANNONE: Is there an objection, Mr. Jackson?
MR. JACKSON: No objection to those.
(Whereupon, photographs were entered and marked Exhibits No. 156 through 159 in Evidence.)
COURT REPORTER: 156 through 159.
MR. LALLY: Thank you very much. Your Honor, with the Court's permission, I would ask to publish those for the jury, as well.
JUDGE CANNONE: Okay.
MR. LALLY: Ms. Gilman, if I could have Photograph 2521.
BY MR. LALLY:
MR. LALLY: Ms. Hartnett, again, directing your attention to the screen, do you recognize what's now been marked as Exhibit 156?
MS. HARTNETT: Yes.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That is the driver compartment of the black Lexus SUV.
MR. LALLY: And if I could have, Ms. Gilman, Photograph 2527.
MR. JACKSON: Your Honor, may I just have a moment with counsel?
JUDGE CANNONE: Okay.
(Whereupon, there was a discussion off the record.)
MR. JACKSON: Thank you, Your Honor. I appreciate it.
BY MR. LALLY:
MR. LALLY: So, Ms. Hartnett, directing your attention to the screen, Photograph 2527 that has now been marked as Exhibit No. 157, do you recognize that, as well?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what is depicted in that photograph, ma'am?
MS. HARTNETT: It's the front seat area of the black Lexus SUV.
MR. LALLY: And, specifically, as far as the center console area of that vehicle, is that a fair and accurate portrayal of what you observed inside the vehicle on February 2nd?
MS. HARTNETT: Yes.
MR. LALLY: And lastly, Ms. Gilman, from this packet if I could have Photograph 2535.
MR. LALLY: And, Ms. Hartnett, 2535, which has now been marked as Exhibit 159, do you recognize what's up on the screen there?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: That's the interior of the trunk of the black Lexus SUV.
MR. LALLY: And is that a fair and accurate portrayal of the interior of the trunk as you observed it in the Canton Police Department garage on February 2nd?
MS. HARTNETT: Yes.
MR. LALLY: May I approach the witness stand, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Ma'am, showing you another series of nine photographs. Again, I would just ask you to look at those and look up when you're finished. But, really, what I'm going to ask you is do you recognize what's depicted in those.
MS. HARTNETT: (Witness complies.)
MR. LALLY: Do you recognize what's depicted in those photographs?
MS. HARTNETT: Yes, I do.
MR. LALLY: And, generally speaking, what's depicted in those nine, set of nine?
MS. HARTNETT: These are pictures of the rear passenger area of the black Lexus.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next nine exhibits.
JUDGE CANNONE: Is there any objection, Mr. Jackson?
MR. JACKSON: None, Your Honor. Thank you.
JUDGE CANNONE: Mr. Lally, you really have to keep your voice us.
MR. LALLY: I'm sorry?
JUDGE CANNONE: You really have to keep your voice up.
MR. LALLY: I apologize, Your Honor.
(Whereupon, photographs were entered and marked Exhibits No. 160 through 168 in Evidence.)
COURT REPORTER: Exhibits 160 through 168, Your Honor.
JUDGE CANNONE: Thank you.
MR. LALLY: Thank you very much. Your Honor, with the Court's permission, may I publish portions of this for the jury, as well?
JUDGE CANNONE: Okay.
MR. LALLY: Ms. Gilman, if I could have Photograph 2539.
MR. LALLY: Ms. Hartnett, what's up on the screen is Photograph 2539 that's now been marked as Exhibit 160. Do you recognize that?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That's the rear passenger area of the black Lexus.
MR. LALLY: Now, as far as the damage that you observed from the broken taillight, if you could, using the laser pointer before you, direct the attorney's attention to that or what's visible of that in the photograph?
MS. HARTNETT: This area here is the broken taillight
(indicating).
MR. LALLY: Ms. Gilman, if I could have the next photograph, 2540, which is now Exhibit 161.
MR. LALLY: Again, Ms. Hartnett, if you could, using that laser pointer, direct the jury's attention to where you observe, if anywhere, in this photograph damage to the right rear passenger taillight?
MS. HARTNETT: There is damage in this area here in the rear taillight (indicating).
MR. LALLY: From the damage that you observed that essentially wraps around from the back and from the passenger side of the vehicle; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 2554.
MR. LALLY: Ms. Hartnett, do you recognize what's up on the screen as Photograph 2554, Exhibit 165?
MS. HARTNETT: Yes, I do.
MR. LALLY: And you were talking before earlier in your testimony about some stickers or some sort of evidentiary marker that you would put on an item that you're examining, correct?
MS. HARTNETT: Correct.
MR. LALLY: And do you see any of that in this photograph here?
MS. HARTNETT: Yes, I do.
MR. LALLY: And could you direct the jury's attention using the laser pointer to where you observed that and what, if any, area of damage or what that denotes?
MS. HARTNETT: There is a sticker here. I know you can't see it. I don't know if you can zoom in.
MR. LALLY: If you could, Ms. Gilman. A There is a letter on the sticker, I believe it's "A," that denotes that there is something there that I was going to collect. And right next to that sticker here is the apparent hair that I noticed.
MR. LALLY: Ms. Gilman, if I could have Photograph 2558. My fault. It's 2556.
MR. LALLY: Similarly, Ms. Hartnett, do you recognize anything in this photograph with regard to something that you had marked?
MS. HARTNETT: Yes. That's the rear bumper of the SUV.
MR. LALLY: And, Ms. Gilman, if you could zoom in a little on that placard. Thank you.
MR. LALLY: And, Ms. Hartnett, in this photograph, what, if anything, is depicted that you denoted as something to sort of collect or further examine at a later time?
MS. HARTNETT: There is pieces of apparent glass here on the bumper.
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 four photographs. If you could just look at those and look up when you're finished.
MS. HARTNETT: (Witness complies.)
MR. LALLY: Do you recognize what's depicted in those photographs, ma'am?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: This is the rear passenger exterior, right below the taillight on the Lexus SUV.
MR. LALLY: And, Your Honor, may I approach the witness?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth seeks to introduce and admit as the next four exhibits.
MR. JACKSON: No objection.
(Whereupon, photographs were entered and marked Exhibits No. 169 through 172 in Evidence.)
COURT REPORTER: Exhibits 169 through 172, Your Honor.
JUDGE CANNONE: Thank you.
MR. LALLY: Your Honor, with the Court's permission, may I publish some of these photographs to the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could have Photograph 2573.
MR. LALLY: Ms. Hartnett, again, Photograph 2573, what's now been marked as Exhibit 169, do you recognize what's depicted in this?
MS. HARTNETT: Yes, I do.
MR. LALLY: If you could explain to the jury sort of what we are looking at in this photograph?
MS. HARTNETT: This is the area of the rear passenger side of the vehicle, just below the taillight.
MR. LALLY: And, Ms. Gilman, if I ask sort of towards the top center of that photograph, if you could zoom in on that area?
MR. LALLY: Ms. Hartnett, do you observe another sort of sticker or placard that you placed in that area?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what, if anything, is that in reference to?
MS. HARTNETT: I'm sorry. I can't see what the letter is on it. So I'm not sure what that's in reference to.
MR. LALLY: If I could ask Ms. Gilman --
JUDGE CANNONE: Mr. Lally, when you put your head down to read, your voice goes down considerably. We can't get a recording of you. So you need to speak up.
MR. LALLY: Understood, Your Honor. Ms. Gilman, if I could have Photograph 2576. And, Ms. Gilman, if you could, with reference to the two areas up on that, could you zoom in on that area? I'm sorry. First on the one below.
MR. LALLY: Ms. Hartnett, can you see better there as far as what the sticker is and what you had noted there?
MS. HARTNETT: Yes.
MR. LALLY: And can you explain to the jury what you have noted in that particular area?
MS. HARTNETT: I noted there were scratches in that area.
MR. LALLY: And, Ms. Gilman, if you could, the one above?
MR. LALLY: Also within this Exhibit 172, there is another sticker further upward on the vehicle. What, if anything, did you denote or observe in that particular area?
MS. HARTNETT: In that area, I noted the apparent hair.
MR. LALLY: May I approach the witness again, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I show you another series of photographs and just ask you the same question, if you could take a look at those.
MS. HARTNETT: (Witness complies.)
MR. LALLY: I'd ask you if you recognize generally what they are.
MS. HARTNETT: Yes.
JUDGE CANNONE: Next question, Mr. Lally.
MR. LALLY: Yes. I'm sorry, Your Honor. May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Your Honor, the Commonwealth would seek to introduce and admit as the next exhibits.
MR. JACKSON: No objection.
(Whereupon, photographs were entered and marked Exhibits No. 173 through 186 in Evidence.)
COURT REPORTER: 173 through 186, Your Honor.
JUDGE CANNONE: Thank you.
MR. LALLY: Thank you very much. Your Honor, with the Court's permission, I'd ask to publish some of those photographs for the jury, as well.
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could have 2558.
MR. LALLY: Again, Ms. Hartnett, do you recognize what's contained in Photograph 2558, Exhibit 173?
MS. HARTNETT: Yes, I do.
MR. LALLY: And, Ms. Gilman, if I could ask you to just zoom in a bit on the sticker in the middle of the screen.
MR. LALLY: Again, Ms. Hartnett, what is depicted in this photograph?
MS. HARTNETT: That is a picture of the apparent hair I denoted in the area.
MR. LALLY: Ms. Gilman, if I could have 2561. For the record, this is Exhibit 176. Ms. Gilman, if I could ask you to zoom in a bit on the sticker in the middle there.
MR. LALLY: Ms. Hartnett, do you recognize what's depicted in this exhibit?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That is the damage I noted on the rear door.
MR. LALLY: Your Honor, may I approach, please?
JUDGE CANNONE: Yes.
MR. LALLY: I'm showing you a series of three photographs. I ask you to look at those and look up when you've finished.
MS. HARTNETT: (Witness complies.)
MR. LALLY: And do you recognize those, ma'am?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: These are photos that I took of the taillight housing back at the lab.
MR. LALLY: And what's contained in those three photographs, is that a fair and accurate portrayal of the taillight housing once you had removed it and taken it back to the lab?
MS. HARTNETT: Yes.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next three exhibits.
MR. JACKSON: No objection.
(Whereupon, photographs were entered and marked Exhibits No. 187 through 189 in Evidence.)
COURT REPORTER: 187 through 189, Your Honor.
JUDGE CANNONE: Thank you.
MR. LALLY: Thank you very much.
BY MR. LALLY:
MR. LALLY: So, Ms. Hartnett, before we get to those photographs, I do have a few questions.
MR. LALLY: It makes no difference to me, but I think we can turn the lights back on. Thank you, Mr. Officer.
MR. LALLY: Now, as far as the collection of that evidence that you collected from the vehicle specifically, how was that evidence collected and, again, you've received training in regard to collecting evidence, correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And the collection of evidence that you did in this case, was that in conformity with that training and experience that you have?
MS. HARTNETT: Yes, it was.
MR. LALLY: And so how did you collect those pieces of evidence from the vehicle on that particular day?
MS. HARTNETT: It depends on what the item was, the taillight specifically. Is that what you're asking about?
MR. LALLY: Well, first let me ask as far as the hair, 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 collected?
MS. HARTNETT: I would have collected the hair with tweezers, put it in a glassine envelope and then put that into a larger Manila envelope.
MR. LALLY: And, as far as those steps that you take as far as the collection is concerned, what are some of the concerns for that or why is it that you take those steps?
MS. HARTNETT: Prior to touching any evidence, I would put on gloves. I'm not sure in this case whether I used disposal tweezers or reusable tweezers. If I used reusable tweezers, they would have been bleached prior to my using them to prevent contamination.
MR. LALLY: And so each of those sort of steps that you take in your collection process, is it fair to say that it's in an effort to combat contamination?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: Now, with regard to the paint chips or the paint standards from the vehicle, how did you collect those?
MS. HARTNETT: Those had been collected with a disposable scalpel. I use it to scrape off pieces of paint from the vehicle which are then put in a glassine envelope and a larger Manila envelope.
MR. LALLY: And, as far as the pieces of glass from the bumper area of the vehicle, how were those collected?
MS. HARTNETT: 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 bleached tweezers or disposable tweezers.
MR. LALLY: Now, as far as that taillight assembly was concerned, how was that collected or what, if any, issues did you have with regard to collecting it?
MS. HARTNETT: I removed the taillight. Once I had the taillight 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 I could properly package it.
MR. LALLY: And, as far as you -- what exactly was it that that officer helped you do or what, if anything, did he do?
MS. HARTNETT: I believe he just helped undo the wires that were in the back of the taillight so that I could properly hold it and didn't have to place it down anywhere.
MR. LALLY: So you had two hands on the taillight as he was performing that; is that correct?
MS. HARTNETT: Yes. I believe I did.
MR. LALLY: And, as far as the area of the taillight that you were holding, you were wearing gloves, correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And, as far as that area that you were holding with your two gloved hands, did that officer touch any area of that part of the taillight?
MS. HARTNETT: Not to my recollection, no.
MR. LALLY: And do you recall whether or not that officer was wearing gloves, himself, when he disconnected that wiring?
MS. HARTNETT: I don't recall.
MR. LALLY: Now, as far as once you removed that taillight from there, what, if anything, did you do with the taillight there?
MS. HARTNETT: I put it into a brown paper bag and then transported it back to the lab, where I then properly secured it in a box with added cushion from additional paper to ensure that no additional damage was done.
MR. LALLY: Now, with respect to your time at the Canton Police Department, were you presented with any additional evidence by any officers from the Canton Police?
MS. HARTNETT: Yes, I was.
MR. LALLY: And what were those items?
MS. HARTNETT: I was presented with a broken drinking glass that was reported to have been recovered from the scene at 34 Fairview Road. I was also presented with several Solo cups filled with frozen red-brown stains.
MR. LALLY: Now, starting with the drinking glass, what, if anything, did you do with regard to the drinking glass?
MS. HARTNETT: I packaged it in a brown paper bag.
MR. LALLY: And, with regard to the cups with red-brown stains contained within, what, if anything, did you do with regard to that?
MS. HARTNETT: I allowed the cups 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.
MR. LALLY: And then what, if anything -- after you took the swabbings from those Solo cups, let me ask first, with regard to the Solo cups, what was done with those?
MS. HARTNETT: I'm sorry. Can you repeat that?
MR. LALLY: Sure. So after you took the swabbings from the red cups, what, if anything, was done with the red cups?
MS. HARTNETT: I returned those to the Canton Police Department to store as they saw fit.
MR. LALLY: And, as far as the swabbings that you took, what did you do with those?
MS. HARTNETT: I secured those in a glassine envelope and a large Manila envelope and then transported those back to the lab.
MR. LALLY: Now, after your examination on scene, you returned back to the lab, correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And what items of evidence did you examine first in this case in the laboratory?
MS. HARTNETT: I examined the apparent hair from the vehicle as well as the broken taillight.
MR. LALLY: Now, starting with the examination of the taillight -- well, let me ask, in general terms when items are taken by you 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?
MS. HARTNETT: When I get back to the lab, I ensure that they are packaged properly, that they are sealed and they are stored in the appropriate location within the lab. I also enter them into our laboratory information management system so that from that point forward, those items can be tracked throughout the lab.
MR. LALLY: Now, each of those -- now, 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?
MS. HARTNETT: Yes.
MR. LALLY: And do you recall the case number that you assigned or was assigned with regard to this investigation?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what is that case number?
MS. HARTNETT: The case number at the lab was 22-2184.
MR. LALLY: Now, with regard to each specific item of evidence that's taken back to the lab and logged in, what, if any, numbers are assigned or associated with those particular pieces of evidence?
MS. HARTNETT: Each piece of evidence is given its independent lab number.
MR. LALLY: Now, with respect to the taillight, that was labeled as 3-1; is that correct?
MS. HARTNETT: That's correct.
MR. LALLY: So with respect to Item 3-1, or the taillight, can you explain to the jury the examination process that went into that?
MS. HARTNETT: Sure. I prepped my workspace by spraying it down with a 10-percent bleach solution. I also spray 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 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 a photograph of the piece of evidence, itself.
MR. LALLY: And then from that specific item, did you perform any testing on that item?
MS. HARTNETT: No. I did not do any testing on the item.
MR. LALLY: And why not?
MS. HARTNETT: I was -- due to the case history, there was no visible red-brown stains on the item as well as the fact that it was a very limited surface area for me to sample from. In addition, I was informed that the car had been towed through a blizzard. So given the fact that there was potentially very limited material on the taillight, 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.
MR. LALLY: As far as that swabbing of the item for DNA purposes, can you explain sort of what the process is or how that is done?
MS. HARTNETT: Yes. We use a polyester swab, which is a flat spatula-shaped swab. I apply sterile water to the swab and rub the exposed area of the taillight. And then that swabs dries before it's packaged and sent to DNA.
MR. LALLY: Now, Your Honor, with the Court's permission, could I publish for the jury what's now been marked as Exhibits 187 through 189?
JUDGE CANNONE: Yes.
MR. LALLY: And, Ms. Gilman, if I could have first Photograph 8970?
BY MR. LALLY:
MR. LALLY: Now, Ms. Hartnett, directing your attention to what's up on the screen now as Exhibit 187, again, do you recognize what's depicted in that?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize it to be?
MS. HARTNETT: That is the taillight that I removed from the black Lexus SUV.
MR. LALLY: And, Ms. Gilman, if I could have 8971, the next photograph.
MR. LALLY: What's now upon on the screen as Exhibit 188, again, do you recognize what's depicted there?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what is depicted there and what, if anything, is -- in addition to the taillight, what, if anything, are you doing --
MS. HARTNETT: That is the taillight from the black Lexus SUV from a different angle. I am holding up a ruler to show the scale of the item.
MR. LALLY: And, lastly, Photograph 8972, Exhibit 189.
MR. LALLY: Again, do you recognize what's up on the screen?
MS. HARTNETT: Yes, I do.
MR. LALLY: And can you explain to the jury what we're looking at perspective-wise and what, if anything, you're doing in this photo?
MS. HARTNETT: That is the backside of the taillight. And, again, I'm holding up a ruler to show the scale of the item.
MR. LALLY: Thank you. Ms. Gilman, you can take that. I'm sorry. Just one moment, Your Honor.
MR. LALLY: Now, Ms. Hartnett, from your initial response to the Canton Police Department, you secured a number of different items from the Canton Police Station that day, correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And those were labeled subsequently as Items 3-1 through 3-13; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: Now, turning your attention to Item 3-6, that was the apparent hair; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And, in reference to your analysis with regard to the care, that Q-LIM term that I asked you about before, Q-L-I-M, what, if any, significance, did that terminology have to your examination of the hair?
MS. HARTNETT: Per protocol, all hairs that would go forward to DNA are considered to be Q-LIM, meaning that the entire sample will be used up during testing.
MR. LALLY: And, with regard to Item 3-6, the apparent hair, can you explain the examination process or what it is that you are doing with reference to that, please?
MS. HARTNETT: 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 a fiber or some other unknown material.
MR. LALLY: And, as far as your examination is concerned in that microscopic analysis, what are some of the things and what are some of the characteristics that you're trained to look for that you observed in this specific instance to give you that determination that it was a human hair?
MS. HARTNETT: On the exterior of the hair, there will be scales. And, depending on the shape, it can help you determine whether or not the hair is an animal hair or a human hair. Human hair have imbricate scales which look like overlapping shingles with a wave-like edge. That is what I observed on this hair. In addition, the internal characteristics of the item were looked at. Running through the center of a hair is a medulla, which is a channel. Animal medullas and human medullas look different in that human medullas will have sort of an amorphous shape, which means they don't really have any shape at all, whereas an animal medulla will have distinctive or can have distinctive patterns within them. Also, the size of that medulla or channel that runs through the center of a hair, in a human hair, is approximately one-third the entire width of a hair, whereas an animal's, it may be much larger than that.
MR. LALLY: Now, as far as based on your examination of this particular 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?
MS. HARTNETT: I determined the hair was consistent with a human hair with a root.
MR. LALLY: Now, as far as that item was concerned, was there any measurements that were done in reference to that?
MS. HARTNETT: Yes, there were.
MR. LALLY: And do you recall what the measurements were or what the length was?
MS. HARTNETT: I'd have to refer to my notes, if that's possible.
MR. LALLY: Your Honor, may the witness refer to her notes just in reference to that?
JUDGE CANNONE: Yes.
MS. HARTNETT: The hair was approximately seven-eighth inches long.
BY MR. LALLY:
MR. LALLY: Now, with regard to Item 3-6, the hair, did you perform any testing on that?
MS. HARTNETT: No, I did not perform any testing.
MR. LALLY: And why not, ma'am?
MS. HARTNETT: The only type of analysis done on hairs in the criminalistics unit is a visual microscopic examination.
MR. LALLY: So where did the hair go from there?
MS. HARTNETT: 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.
MR. LALLY: 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 by those sort of descriptions?
MS. HARTNETT: The root end is the end that would have been attached to the scalp, and the shaft end is just the remaining outer portion of the hair.
MR. LALLY: And how is it that you're able to determine sort of the difference between the root end and the shaft end?
MS. HARTNETT: Through the microscopic characteristics that I view.
MR. LALLY: Now, with reference to that item, 3-6, the hair, were any decisions made in regard to what testing could or would be performed on those samples?
MS. HARTNETT: Yes. Based on the criminalistics protocol, the root end of the hair would 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.
MR. LALLY: And do you know why that is?
MS. HARTNETT: We don't perform that type of DNA testing in our lab.
MR. LALLY: And that's something -- are you familiar with the term "mitochondrial DNA testing"?
MS. HARTNETT: I am familiar with it, but I don't really have a full understanding of it.
MR. LALLY: But, as far as your understanding of the type of testing, that would have had to have been sort of sent out to an external vendor, that would be -- the type was mitochondrial?
MS. HARTNETT: Yes. That was my knowledge at the time. Yes.
MR. LALLY: Now, at some point, did you have a conversation with regard to examination of the remaining items in this case sometime in May of '23?
MS. HARTNETT: Yes.
MR. LALLY: And what was discussed?
MS. HARTNETT: It was discussed that I would examine the clothing and some of the other items for biological testing.
MR. LALLY: And, specifically, there was an item, 7-18, which was a gray sweatshirt attributed to Mr. John O'Keefe, correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: Now, from that -- as far as sort of an additional analysis or an examination of those clothing items, what is it that you were doing and what is it that you were looking for as regard to your examination of the clothing items?
MS. HARTNETT: I examined the item for 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 and the front and back of the item. I also took a trace collection from the item and additional skin cell collection samples from the item.
MR. LALLY: Now, starting first with as far as that specific item, 7-18, the gray sweatshirt, what, if any, observations in general did you make when you examined it?
MS. HARTNETT: 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.
MR. LALLY: Now, each of the areas of damage that you observed, similar to what we saw with the vehicle, were those areas marked, as well?
MS. HARTNETT: Yes. I marked each of those areas that I was going to do further analysis on with a number.
MR. LALLY: And there were essentially 13 different areas on that sweatshirt that you had marked; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Ms. Hartnett, I'm showing you a series of six photographs and again asking you to look at those and look up when you're finished.
MS. HARTNETT: (Witness complies.)
MR. LALLY: Do you recognize those photographs?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: These are the photographs I took of Item 7-18, the long sleeve from the shirt.
MR. LALLY: And those are sort of the preliminary or overall photographs; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next six exhibits.
MR. JACKSON: No objection.
(Whereupon, photographs were entered and marked Exhibits 190 through 195 in Evidence.)
COURT REPORTER: Exhibits 190 through 195, Your Honor.
JUDGE CANNONE: Thank you.
MR. LALLY: Thank you very much.
BY MR. LALLY:
MR. LALLY: Ms. Hartnett, before I turn to these, I just have one follow-up question. When you had been talking about or testifying about sort of the difference between the root end 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?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: So that would be in reference to a hair that comes from someone's head, correct?
MS. HARTNETT: Well, not necessarily. We don't perform body origin identification.
MR. LALLY: Okay. So to that point, as far as 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?
MS. HARTNETT: Correct. No.
MR. LALLY: Your Honor, with the Court's permission, I would ask to publish some of these photographs for the jury, as well.
JUDGE CANNONE: Okay.
MR. LALLY: Ms. Gilman, if I could have Photograph 9789.
MR. LALLY: Ms. Hartnett, putting up on the screen now what has been marked as Exhibit 190, do you recognize that?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: That is the photograph I took of Item 7-18. It is the exterior front.
MR. LALLY: Ms. Gilman, if I could have 9790, the next photograph.
MR. LALLY: What's up on the screen is Exhibit 191. Do you recognize that, as well, Ms. Hartnett?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: That is the exterior rear of Item 7-18.
MR. LALLY: And if I could have the next photograph, Ms. Gilman, 9791.
MR. LALLY: Again, do you recognize what's up on the screen now as Exhibit 192?
MS. HARTNETT: Yes, I do.
MR. LALLY: Can you explain to the jury what that is?
MS. HARTNETT: That is the interior front of Item 7-18.
MR. LALLY: And, lastly -- not lastly but for this purpose, Photograph 9792.
MR. LALLY: Again, do you recognize what's up on the screen as Exhibit 193?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That is the exterior -- I'm sorry -- interior back of Item 7-18.
MR. LALLY: Ms. Gilman, if I could have 9795?
MR. LALLY: Again, Ms. Hartnett, do you recognize what's up on the screen as Exhibit 194?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: 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.
MR. LALLY: And the next photograph would be, Ms. Gilman, 9796. Could you zoom in on that?
MR. LALLY: Now, Ms. Hartnett, what we are looking at here, that's the right sleeve of the gray sweatshirt, Item 7-18; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And so starting with some of the 13 different areas that you labeled, this starts with one, two, three, four and goes up through nine; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: Thank you, ma'am. May I approach the witness again, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Ms. Hartnett, I'm showing you another series of photographs. I'd just ask if you could review those and look up when you're finished.
MS. HARTNETT: (Witness complies.)
MR. LALLY: Ms. Hartnett, do you recognize what's depicted in those photographs?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: These are closeup photos of the areas of damage, one through five.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibits.
MR. JACKSON: No objection, Your Honor.
MR. LALLY: And before you begin, Madam Court Reporter, Your Honor, if I may approach just to show the next series of photographs?
JUDGE CANNONE: Yes.
(Whereupon, photographs were entered and marked Exhibits No. 196 through 205 in Evidence.)
COURT REPORTER: Exhibits 196 through 205, Your Honor.
MR. LALLY: Your Honor, with the Court's permission, if I could publish some of those photographs for the jury, as well?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could have Photograph 9811.
MR. LALLY: With respect to what's up on the screen, Ms. Hartnett, do you recognize what's now been marked as Exhibit 196?
MS. HARTNETT: Yes.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That is an area of damage that I noted as Area 1 in my notes.
MR. LALLY: Ms. Gilman, if I could have Photograph 9812, the next one.
MR. LALLY: Again, Ms. Hartnett, do you recognize what's up on the screen as Exhibit 197?
MS. HARTNETT: Yes, I do.
MR. LALLY: And, with respect to this, what are you doing here?
MS. HARTNETT: That is a closeup photo of the same area of damage, Area l.
MR. LALLY: And that has some measurement that you're taking with reference to the size of that damage; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And did you do that respectively with each of the respective areas that you noted on each of the garments that you examined?
MS. HARTNETT: Yes, I did.
MR. LALLY: Ms. Gilman, if I could have Photograph 9813.
MR. LALLY: Again, this is Area 2; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: Ms. Gilman, if I could have Photograph 9815.
MR. LALLY: Again, what's up on the screen is Exhibit 200. You recognize this as what, ma'am?
MS. HARTNETT: That's a photograph of the Area 3 that I noted.
MR. LALLY: Ms. Gilman, if I could have 9817.
MR. LALLY: Now, with respect to what's now been marked as Exhibit 202, do you recognize that, as well?
MS. HARTNETT: Yes, I do.
MR. LALLY: And is that the No. 4 area that you noted on the right arm sleeve of the gray sweatshirt of Mr. O'Keefe?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: Ms. Gilman, if I could have Photograph 9819.
MR. LALLY: What's up on the screen as Exhibit 204, do you recognize that, as well?
MS. HARTNETT: Yes, I do.
MR. LALLY: Again, what is depicted in Exhibit 204?
MS. HARTNETT: That is the area of damage, No. 5, that I had in my notes.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: The photographs that I placed before you, Ms. Hartnett, while the stenographer was marking the prior exhibits, do you recognize what's depicted in those?
MS. HARTNETT: Yes, I do.
MR. LALLY: And can you describe for the jury sort of generally speaking what's depicted in those, ma'am?
MS. HARTNETT: These are closeup photos of Areas 6 through 11 that I noted on the long sleeve gray shirt.
MR. LALLY: May I approach just to retrieve, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Your Honor, the Commonwealth seeks to introduce as the next exhibits.
MR. JACKSON: No objection.
MR. LALLY: And if I may approach the witness just to present the next set.
(Whereupon, photographs were entered and marked Exhibits No. 206 through 217 in Evidence.)
COURT REPORTER: Exhibits 206 through 217, 2-1-7.
MR. LALLY: Ms. Hartnett, what's contained in these photographs that have now been marked as Exhibits 206 through 217, are those essentially sort of the same closeups and then a closeup with a measurement that the jury just saw in regard to what you had marked as one through five?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And this is just six through 11 on that same area of the right sleeve of Mr. O'Keefe's sweatshirt?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: Now, with regard to the photos that I just placed before you a moment before, do you recognize what's depicted in those?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those as?
MS. HARTNETT: These are the areas of damage, 12 and 13, on the rear of the sweatshirt.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth seeks to introduce and admit as the next exhibit.
MR. JACKSON: No objection.
MR. LALLY: If I may just place these before the witness.
(Whereupon, photographs were entered and marked Exhibits No. 218 through 221 in Evidence.)
COURT REPORTER: 218 through 222.
MR. LALLY: Your Honor, with the Court's permission, may I publish these to the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could have Photograph 9837.
MR. LALLY: Ms. Hartnett, do you recognize what's up on the screen as Exhibit 218?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That is the exterior back of the gray sweatshirt.
MR. LALLY: And the items marked that you labeled as 12 and 13, are they depicted on that?
MS. HARTNETT: Yes, they are.
MR. LALLY: If you could, using the laser pointer, just draw the jury's attention to where 12 and 13 are.
MS. HARTNETT: Is it possible to zoom in on the numbers? I can't read them from here.
MR. LALLY: Ms. Gilman, if you would, please. A So there is Area 2 -- I'm sorry. Area 12 and Area 13.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 9838.
MR. LALLY: With Exhibit 219 up on the screen is that just a closer image of those areas you marked as 12 and 13; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: Thank you. Now, with respect the other photographs that I had placed before you when the stenographer was marking those, do you recognize in general terms what's depicted in those?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize those to be?
MS. HARTNETT: These are additional pictures of the sweatshirt in which I have also made some notations of areas that need further testing.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibits.
MR. JACKSON: No objection, Your Honor.
MR. LALLY: If I may, Your Honor, just place these before the witness.
(Whereupon, photographs were entered and marked Exhibits No. 222 through 230 in Evidence.)
COURT REPORTER: Exhibits 222 through 230.
MR. LALLY: Now, Ms. Hartnett, before I get to what's now been marked as Exhibit 222 through 230, if I could just ask you a couple questions in regard to damage that you noted on this item or really on any item. What is the process that you would go through as far as classifying damage to a clothing item?
MS. HARTNETT: I look at the macroscopic characteristics of the area of damage and then I also examine the area of damage underneath the microscope.
MR. LALLY: And so what would lead you to make that sort of classification as far as something that's damaged?
MS. HARTNETT: I look at the overall shape. I also look at the fiber ends. For instance, a tear will have rough fiber ends and possibly separation of the weave if the fabric. For a cut, you have even ends without any fraying.
MR. LALLY: Now, are you able to tell from your examination of those fibers and of those clothing materials sort of what caused those tears and cuts?
MS. HARTNETT: No.
MR. LALLY: Now, are you familiar through your training and experience with something called an ALS or an alternate light source?
MS. HARTNETT: Yes.
MR. LALLY: 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.
MS. HARTNETT: An alternate light source is a light that uses a different wavelength that enables 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.
MR. LALLY: And what, if anything, did you observe when you used that?
MS. HARTNETT: I used that light source around those areas of damage to determine if there were any biological fluids that were fluorescing. The ALS did not show any stains in that area.
MR. LALLY: Now, with regard to what you had labeled as sort of Tears or Cuts 1 through 9 that you noted, did you do any additional testing or collecting specifically from those areas?
MS. HARTNETT: I collected two cotton swabs moistened with sterile water around those areas of damage.
MR. LALLY: And why did you do that?
MS. HARTNETT: It was told to me that potentially the victim may have been bitten by a dog during an incident. So I was taking swabs of that area to be sent out to determine if there was any dog DNA on that area.
MR. LALLY: Now, is that kind of testing, as far as canine testing or animal testing, is that something that your lab at the state police crime lab is accredited or is authorized to do?
MS. HARTNETT: No. We do not do that type of testing.
MR. LALLY: Is that sort of sent out to an external vendor then?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And is that something that you had done on any prior cases or any previous situations where you had collected items and sent it out to a specific lab for animal testing?
MS. HARTNETT: 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.
MR. LALLY: And, specifically in this type of testing and in this case, what lab were those items sent out to?
MS. HARTNETT: We use the UC Davis veterinary lab in California.
MR. LALLY: And, as far as prior to collecting or prepping 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?
MR. JACKSON: Objection.
JUDGE CANNONE: I'll allow it.
MS. HARTNETT: I emailed Teri Kuhn, who is one of the analysts at the clinic who aided me in how best to collect the sample for their lab.
BY MR. LALLY:
MR. LALLY: And what you were directed to do as far as collection, packaging and shipping, was that at the direction of the UC Davis lab?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And you performed those functions in conformity with what Ms. Kuhn told you, correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: Now, with regard to those items, did you note -- with regard to the clothing items as far as the gray sweatshirt was concerned, did you note any stains on those areas on that clothing item?
MS. HARTNETT: Yes. I did note stains in those areas.
MR. LALLY: And then what, if any, testing was done on those stains that you observed?
MS. HARTNETT: Can you be more specific what stains you're referring to?
MR. LALLY: Sure. So what I'm specifically referring to are 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 what you had collected for the UC Davis lab but in other areas of that item. Well, 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?
MS. HARTNETT: I collected two swabs from the areas around the -- excuse me -- around the damaged areas on the right sleeve. I wasn't necessarily taking them for 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.
MR. LALLY: And thank you for the clarification. I think that was me confusing as far as the questions go. 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, 7-18, the gray sweatshirt?
MS. HARTNETT: I also observed numerous red-brown stains on that item of clothing.
MR. LALLY: And so with regard to those red-brown stains, what, if any, testing was done on those stains?
MS. HARTNETT: On each of those stains, I performed a blood screening test as well as a blood confirmatory test.
MR. LALLY: And are those the same sort of initial testing, screening tests, that you were talking about before and then the confirmatory test?
MS. HARTNETT: Yes. That's correct. A different screening test was used in the lab than was used at the scene due to protocol change. But essentially it's the same mechanism.
MR. LALLY: And was that with respect just to the gray sweatshirt or were there other items of clothing of Mr. O'Keefe's that you tested with the screening test in the lab and a confirmatory test in the lab, as well?
MS. HARTNETT: I examined other items of clothing, as well.
MR. LALLY: Now, if I could bring your attention back to what's now been marked as Exhibits 222 through 230.
MR. LALLY: Your Honor, with the Court's permission, if I could publish some of those photographs before the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could first have Photograph 9841.
BY MR. LALLY:
MR. LALLY: And what's been marked as Exhibit 222, again, do you recognize what's depicted up on the screen?
MS. HARTNETT: Yes, I do.
MR. LALLY: And, with reference to your observations of the red-brown stains on that clothing or any other item of clothing, similar to the tears or cuts or the damaged areas that you observed, were those areas Similarly marked with some sort of sticker?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And is it sort of the same linear path as far as numbering or is it lettering or how do you denote those?
MS. HARTNETT: For the red-brown stains on this item, I used letters.
MR. LALLY: Starting with "A" and then sort of going through it; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: Ms. Gilman, if I could have Photograph 9842.
MR. LALLY: Again, do you recognize what's up on the screen?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: That would red-brown stain "A" that I noted on the sweatshirt.
MR. LALLY: And, Ms. Gilman, if I could have 9843.
MR. LALLY: And what's up on the screen which has been marked as Exhibit 224, do you recognize that, as well?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: Those are red-brown stains "B" and "C" that I noted on the sweatshirt.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 9844.
MR. LALLY: What's up on the screen now is Exhibit 225 showing stains that you labeled "B," "C" and "EF"; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And that's sort of a pulled out version of that to denote where "B" and "C" were located on the sweatshirt; is that fair to say?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 9846. Ms. Gilman, if you could zoom in a little bit.
MR. LALLY: What's now up on the screen is Exhibit 227. Do you recognize what's up there on the screen as Exhibit 227?
MS. HARTNETT: Yes, I do.
MR. LALLY: And these are two other stains that you noted as far as "D" and "E" on the same item?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: Now, ma'am, with reference to the other photographs that I think you still have before you that I gave you when the stenographer was marking the last batch, do you recognize generally what's depicted in those photographs?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: There are photographs of Item 7-17, the armed tee shirt that I was told was belonging to John O'Keefe.
MR. LALLY: And what's depicted in those photographs, is that a fair and accurate portrayal of what you observed as far as the orange tee shirt was concerned in your lab that day?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibits.
MR. JACKSON: No objection, Your Honor.
(Whereupon, photographs were entered and marked Exhibits No. 231 through 241 in Evidence.)
COURT REPORTER: Exhibits 231 through 241, Your Honor.
JUDGE CANNONE: Thank you. Mr. Lally, we have a few minutes before lunch. Do you intend to display some?
MR. LALLY: I think maybe --
JUDGE CANNONE: If you do, do it quickly. Do it now. If you are not, we will take a break. Jurors, we are going to take the lunch break. I'm going to see counsel at sidebar. And, jurors, we will do a shorter lunch if we could again, please.
(Whereupon, the jury is escorted from the courtroom for the luncheon recess.)
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: Do we have a lot of duplicates, or does it just seem to me that there's a lot of duplicates here and it's taking forever to put them into evidence?
MR. LALLY: I don't believe that there is.
JUDGE CANNONE: All right. So this reminds me of like the 100 exhibits of snow. Are we doing a lot of repetitive things here, Mr. Lally?
MR. LALLY: No, Your Honor. What I'm trying to do is establish each of the areas that were marked and subsequently tested by her and then there are further swabs taken that are then tested in the DNA lab.
JUDGE CANNONE: I understand that, but there are numbers like five, six, seven, eight that are shown two and three times, right? Closeups, perhaps?
MR. LALLY: I mean, I did that with one through five. But then what I wanted to do is skip over that as far as 12 through 11 -- I'm sorry, six through 11. Twelve and 13 are ina different area of the item of clothing. So that's why I've shown those. But again, I don't need to do this for every single one. I just want to establish the process and how they are labeled. And then they are going to have the photographs for themselves. I'm not looking to publish every single photograph.
JUDGE CANNONE: The publishing takes two seconds. It's this that takes forever. How many more --
MR. LALLY: So as far as the --
JUDGE CANNONE: Hold on.
MR. LALLY: I'm sorry.
JUDGE CANNONE: One at a time.
MR. LALLY: My apologies.
JUDGE CANNONE: How many more exhibits do you have?
MR. LALLY: For this witness, as far as groupings, it's just the orange tee shirt, the jeans, the sneakers and his fingernails, which I don't need to do anything with those. And, as far as publishing those, I'm not really looking to -- like I said, I was establishing through this item of clothing and then --
JUDGE CANNONE: Hold on. Ms. Hartnett, you can step down.
(Whereupon, the witness steps from the witness stand.)
JUDGE CANNONE: Is that it for the rest of the day or is your whole left hand --
MR. LALLY: That's for Mx. Vallier.
JUDGE CANNONE: All right. Hold on one second, please. All right. We'll take the luncheon break. I'll see counsel back here at 1:30.
(Whereupon, the sidebar conference concluded and the luncheon recess was taken.)
AFTERNOON SESSION
(Court resumes at 1:39 p.m.)
(Defendant present. Jury present.)
JUDGE CANNONE: Could we have the witness, please? All right, Mr. Lally.
BY MR. LALLY:
MR. LALLY: Good afternoon, Ms. Hartnett.
MS. HARTNETT: Good afternoon.
MR. LALLY: So with respect to the photographs that were just marked as exhibits of the orange tee shirt that was marked as 7-1; is that correct?
MS. HARTNETT: I'm sorry. 7-17? A Yes. That's correct.
MR. LALLY: So similar to how you had marked off areas of either damage or red-brown stains, was that similar to what you -- what you did with the gray hooded sweatshirt, is that similar to what you did with the orange tee shirt, as well?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And then there were two other clothing items that you examined being a pair of jeans anda set of sneakers; correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And, with reference to the jeans, that was marked as Item 7-1; is that correct?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And, with respect to the sneakers, that was marked as Item 7-4; is that correct?
MS. HARTNETT: Each sneaker had its own item number. One was 7-3 and one was 7-4.
MR. LALLY: And, with respect to the evidence as far as the stickers and sort of the denotations that you had made in regard to either damage or red-brown stains, was that similarly done with respect to each of those remaining clothing items, as well?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: And, Your Honor, may I approach?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Now, Ms. Hartnett, with respect to the jeans, I'm showing you a series of one, two, three -- eight photographs. Do you recognize those?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: Those are photographs that I took of the pair of jeans.
MR. LALLY: And is what's contained in those photographs a fair and accurate portrayal of your observations of those jeans when you conducted your examination of them at the lab?
MS. HARTNETT: Yes. That's correct.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibits.
JUDGE CANNONE: There is no objection, you said Mr. Jackson?
MR. JACKSON: There is not. Thank you.
(Whereupon, photographs were entered and marked Exhibits No. 242 through 249 in Evidence.)
COURT REPORTER: Exhibits 242 through 249.
MR. LALLY: Your Honor, if I may, with the Court's permission, publish some of the photographs in the packet of 232 to 241?
JUDGE CANNONE: Okay.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 9862.
BY MR. LALLY:
MR. LALLY: Ms. Hartnett, do you recognize what's up on the screen that has now been marked as Exhibit 231?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: That is a photograph I took of Item 7-17, the orange tee shirt, and it's the exterior front.
MR. LALLY: And, Ms. Gilman, 9863.
MR. LALLY: And, again, Ms. Hartnett, do you recognize what's up on the screen as Exhibit 232?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That is the exterior back of Item 7-17.
MR. LALLY: And, Ms. Gilman, if I could have 9867. And, Ms. Gilman, if you could zoom in on sort of the upper right portion of that?
MR. LALLY: Now, Ms. Hartnett, do you recognize what's up on the screen as Exhibit 233?
MS. HARTNETT: Yes, I do.
MR. LALLY: And, again, using the laser pointer, if you could draw the jury's attention to any items that you -- or any areas of this shirt that you marked on?
MS. HARTNETT: I marked three specific red-brown stains using the stickers and letters "A," "B" and "C."
MR. LALLY: And, Ms. Gilman, if I could ask you to keep the zoom in but go to the bottom left of the photograph.
MR. LALLY: And, similarly, Ms. Hartnett, within this zoomed-in portion of Exhibit 233, using the laser pointer, could you draw the jury's attention to what, if anything you noted there?
MS. HARTNETT: I noted red-brown stains "D" which I marked with a sticker and "D" on the bottom right.
MR. LALLY: Lastly, Ms. Gilman, if I could have Photograph 9873.
MR. LALLY: And, Ms. Hartnett, what is up on the screen has now been marked as Exhibit 239. Do you recognize that?
MS. HARTNETT: Yes, I do.
MR. LALLY: And, Ms. Gilman, if you could zoom in on the upper left portion of the photograph.
MR. LALLY: And, again, Ms. Hartnett, if you could, using the laser pointer, just draw the jury's attention to what, if anything, you noted there?
MS. HARTNETT: I noted this specific red-brown stains and I marked it "E."
MR. LALLY: Thank you.
MR. LALLY: Your Honor, similarly, with the Court's permission, if I could publish what's been marked now as Exhibit 242 through 249?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could have Photograph 9878.
BY MR. LALLY:
MR. LALLY: Ms. Hartnett, I direct your attention to up at the screen with what's been marked as Exhibit 242. Do you recognize that?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: That's a photograph of the exterior front of the jeans with the belt, Item 7-1.
MR. LALLY: And, Ms. Gilman, if I could have 9887.
MR. LALLY: 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 as with respect to the jeans?
MS. HARTNETT: Yes, I did.
MR. LALLY: Is that depicted in this photograph?
MS. HARTNETT: Yes.
MR. LALLY: And, Ms. Gilman, if I could have 9888. And if you could just zoom in just a bit, Ms. Gilman.
MR. LALLY: And, again, Ms. Hartnett, if you could, now using the laser pointer before you, direct the jury's attention to those areas that you noted or that you marked off in respect to this exhibit.
MS. HARTNETT: I marked off red-brown stains "A," "B," "C," "D," and "E" on the front of those jeans.
MR. LALLY: Your Honor, may I approach the witness?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Ms. Hartnett, showing you another series of five photographs, if you could just view those.
MS. HARTNETT: (Witness complies.)
MR. LALLY: Do you recognize what's depicted in those photographs?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize those to be?
MS. HARTNETT: These are photographs of the sneakers, Item 7- 3 and 7-4.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Your Honor, the Commonwealth seeks to introduce these as the next exhibits.
MR. JACKSON: No objection.
(Whereupon, photographs were entered and marked Exhibits No. 250 through 254 in Evidence.)
MR. LALLY: Ms. Hartnett, with reference to the sneakers and sort of the other clothing items that you received, do you recall how or where or when it was that you received each of those respective clothing items or how the lab did, if you know?
MS. HARTNETT: They were received by the lab from the Norfolk detective unit.
MR. LALLY: And, as far as the sneakers being labeled with two different stickers, do you know why that was?
MS. HARTNETT: One of the sneakers was recovered from 34 Fairview Road and one of the sneakers was recovered from the hospital.
MR. LALLY: Now, with reference to the photographs that I've just placed before you, have you had a chance to look at those?
MS. HARTNETT: These ones here?
MR. LALLY: Yes.
MS. HARTNETT: No.
MR. LALLY: If you could?
MS. HARTNETT: (Witness complies.)
MR. LALLY: And do you recognize what's depicted in those photographs, ma'am?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: Those are the fingernail clippings that were submitted for John O'Keefe.
MR. LALLY: And do you know where they were submitted from?
MS. HARTNETT: By the Norfolk County detective unit.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce and admit as the next exhibit.
JUDGE CANNONE: Okay.
(Whereupon, photographs were entered and marked Exhibits No. 255 through 258 in Evidence.)
COURT REPORTER: 255 through 258.
MR. LALLY: And, Your Honor, with respect to each of those, I'm not seeking to publish those to the jury at this time. So if the court officer could --
JUDGE CANNONE: Could we have the lights back on, please.
MR. LALLY: Thank you.
BY MR. LALLY:
MR. LALLY: Now, Ms. Hartnett, with respect to those stains on the gray sweatshirt, the orange tee shirt and the jeans, what, if any, testing was done with respect to those stains?
MS. HARTNETT: A screening test was performed on each of the red-brown stains on each of those items. I'm sorry. Did you say the sneakers? Could you repeat what items you --
MR. LALLY: Yes. With respect to each of those respective clothing items, what, if any, testing was done with regard to any stains you observed on those items of clothing.
MS. HARTNETT: For the sweatshirt, the tee shirt and the jeans, I saw visible red-brown stains which I screened for blood. The majority were also -- I also performed a confirmatory test for blood. There was one stain on the orange tee shirt, however, that was too small to perform that confirmatory test. So for that and since I noted that the stain was quantity limited, I preserved it after the positive screening test instead of performing a confirmatory test in order to preserve enough material for any DNA material. 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 screened positive for blood.
MR. LALLY: Now, with respect to the other clothing items that you were talking about doing the screening test and the confirmatory test for blood with respect to the gray sweatshirt, the orange tee shirt and the jeans, what were the results of that screening test and that confirmatory test that you ran with regard to each of those stains?
MS. HARTNETT: The screening test and the confirmatory test were positive.
MR. LALLY: Now, beyond the stains, did you take any additional samples from those items?
MS. HARTNETT: Yes, I did.
MR. LALLY: And what were those and how was that done?
MS. HARTNETT: 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 unseen areas, and that involved using 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 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.
MR. LALLY: And, as far as those items, once they are collected from the material or from the clothing, what do you do with them from there?
MS. HARTNETT: Each of those items is given its own item number. It is a sub-item of the overall larger number used to mark the item. And those are sent to the appropriate units for additional testing.
MR. LALLY: And, as far as preservation is concerned, when it comes to sending something to either the trace unit or the DNA unit, what, if any, steps are taken in regard to preserving those items once they are removed from the clothing and sent off to the other units?
MS. HARTNETT: Each of those items are to be preserved according to protocol. They are sealed properly, initialed and dated with my initials and date. They are entered into our LIM system so those sub-items can then be tracked throughout the laboratory, and they are stored in the appropriate storage unit.
MR. LALLY: Now, at some point, did you also receive items that were labeled as 3-2 and 3-3?
MS. HARTNETT: I submitted those when I returned from the original scene.
MR. LALLY: And what were those, ma'am?
MS. HARTNETT: Those were pieces of glass from the bumper and a drinking glass from the crime scene.
MR. LALLY: Now, did you examine those items?
MS. HARTNETT: Yes, I did.
MR. LALLY: And what, if any, examination did you do and what is it that you were looking for in your examination?
MS. HARTNETT: I did a visual examination and I took photographs. And then I also took a collection from each of the items.
MR. LALLY: And did you do any testing on those items?
MS. HARTNETT: No, I did not.
MR. LALLY: And what kind of samples did you collect from those items?
MS. HARTNETT: I took potential skin cell collection using a swab moistened with sterile water.
MR. LALLY: And, as far as the 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?
MS. HARTNETT: 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 through the trace unit.
MR. LALLY: And, as far as those preservations were concerned, is that similar to the preservation process you were describing earlier with regard to the clothing items?
MS. HARTNETT: Yes. That's correct.
JUDGE CANNONE: So both Mr. Lally and Ms. Hartnett, you have to keep your voices up or we have to turn the air-conditioner off.
MR. LALLY: Understood, Your Honor. If I may have one moment, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Thank you very much, matam. I don't have any further questions.
JUDGE CANNONE: All right. Cross-examination?
MR. JACKSON: Thank you, Your Honor.