Ashley Vallier - Cross/Redirect

MR. YANNETTI: Good morning.

MR. YANNETTI: You have testified that when evidence comes into the crime lab, it's given crime lab evidence — or item numbers — correct?

MR. YANNETTI: Okay. And if you just keep your voice up, because we want to make sure that the jurors back here can hear you.

MR. YANNETTI: Consistent with that policy, the evidence that your lab received in this case was also given those item numbers, correct?

MR. YANNETTI: So I'd like to ask you about one particular item number in this case: 7-18.

MR. YANNETTI: Would you agree with me — and feel free to check your records — but would you agree with me that that was the item number given to, quote, "debris from orange T-shirt and gray long sleeve shirt," end quote?

MR. YANNETTI: You can go ahead.

MR. YANNETTI: Item 7-18 did not include the orange T-shirt itself, correct?

MR. YANNETTI: I believe you just testified that was given a different item number, which was 7-17?

MR. YANNETTI: And 7-18 also did not include the gray long sleeve shirt, either, correct?

MR. YANNETTI: Okay. Well, yeah — that's my point.

MR. YANNETTI: So with regard to the orange T-shirt and the gray long sleeve shirt, those were given separate item numbers, and you examined what was the debris allegedly from those shirts, right? Item 7-18?

MR. YANNETTI: Correct. And that debris consisted of different categories, did it not?

MR. YANNETTI: Yes. Different categories of things, correct?

MR. YANNETTI: All right. So one category was dirt and debris, correct?

MR. YANNETTI: You did not test the dirt and debris, correct?

MR. YANNETTI: Another category was — or were, I should say — several apparent hairs.

MR. YANNETTI: And you did not test those hairs, correct?

MR. YANNETTI: And another category — I believe you've already testified to this — consisted of several pieces of red apparent plastic and one piece of clear apparent plastic that measured an eighth of an inch by a sixteenth of an inch. Is that accurate?

MR. YANNETTI: Okay. And I apologize for continually reminding you, but I'm just mindful that everybody needs to hear you. So to the best you can, if you can just keep your voice up.

MR. YANNETTI: So when those several pieces of apparent red plastic and one piece of apparent clear plastic came into your possession, those pieces were obviously not embedded in either shirt when you examined them, correct?

MR. YANNETTI: Well — so to my question, the pieces that you —

MR. YANNETTI: Okay. And in this case, which particular state trooper delivered the orange T-shirt and gray long sleeve shirt to your crime lab?

MR. YANNETTI: Right. Well, which state trooper delivered the pieces of red and clear plastic — pieces, I should say — that you just testified about? The items 7-5 to 7-9 — the several pieces of red apparent plastic and one piece of clear apparent plastic measuring an eighth of an inch by 1/16th of an inch — that's what I'm referring to.

MR. YANNETTI: Yes. You understand what I'm talking about, right? In terms of the several pieces of red apparent plastic and then the one piece of clear plastic that you have the measurements for?

MR. YANNETTI: Which state trooper was it that delivered that? Do you know?

MR. YANNETTI: What you just said — oh, you said that's kind of an odd question.

MR. YANNETTI: Not for me. So, do you have a record of that?

MR. YANNETTI: A record of which state trooper delivered that debris to the lab?

MR. YANNETTI: Okay. All right. Listen, when those — when those several — actually, let me strike that. Where was I?

MR. YANNETTI: Okay. So I want to confirm with you that when you were assigned to this case, you were aware that the date of the incident was January 29th of 2022, correct?

MR. YANNETTI: All right. And it's your testimony that you don't know which state trooper delivered the shirts to the lab, correct?

MR. YANNETTI: Okay. Now I'd like to discuss with you, if I might, Michael Proctor's submissions of the pieces of plastic that you've testified about. Your lab received from Michael Proctor several different evidence bags containing red, clear, and black pieces of plastic, correct?

MR. YANNETTI: Some of those evidence bags contained relatively small pieces of plastic in them, correct?

MR. YANNETTI: And some of those evidence bags contained larger pieces, right?

MR. YANNETTI: The evidence bags that you received listed the dates of recovery of those pieces of plastic, did they not?

MR. YANNETTI: And all the evidence bags that you received also listed the officer who recovered the plastic pieces, right?

MR. YANNETTI: And again, when you receive those evidence bags, whatever numbers are on them, your lab assigns them your item number, correct?

MR. YANNETTI: So I'd like to ask you first about item number 7-8. Do you have a record of that?

MR. YANNETTI: Now, that evidence bag, item number 7-8, contained multiple pieces of red, black, and clear plastic, correct?

MR. YANNETTI: Yes. Okay. And the date of collection was February 3rd of 2022?

MR. YANNETTI: Okay. And that was — if you have that in front of you — that was also collected by a trooper named DiCicco, correct?

MR. YANNETTI: May I approach, Your Honor?

MR. YANNETTI: So I show you a photograph. Can you identify what that is?

MR. YANNETTI: What is that?

MR. YANNETTI: And that appears to be an exact — you know, a photograph. I don't think there's an objection to it.

MR. YANNETTI: Okay. May I offer that?

MR. YANNETTI: [Exhibit] 43. May I just leave that for the jury, Your Honor?

MR. YANNETTI: And this is — that is what I just showed you on the screen, correct?

MR. YANNETTI: And that's where it's indicated what the date of collection was and which trooper collected it, correct?

MR. YANNETTI: All right. We can turn the lights on for a minute. And you would agree with me that that date, February 3rd of 2022, was only five days after the January 29th blizzard, correct?

MR. YANNETTI: Oh, okay. Let's put it — let's put it the date of the incident. You would have previously testified that was January 29th, correct?

MR. YANNETTI: All right. And February 3rd was five days after that,

MR. YANNETTI: Yes. All right. I'd like to show Exhibit 279, please — which is three. Okay. Now, Exhibit 279 which is displayed on the screen now — this is one of the photos taken of some of the contents of item 7-8, is it not?

MR. YANNETTI: Okay. You would agree with me that those were the pieces that were inside that evidence bag, labeled February 3rd as the date of recovery — five days after January 29th — correct?

MR. YANNETTI: Okay. And you see that there are some relatively small pieces that were allegedly found on February 3rd, correct?

MR. YANNETTI: All right. Now, Your Honor, I'm continually showing photographs. We can

MR. YANNETTI: Okay. All right. So they get turned on for like a question or two and then I turn them back off?

MR. YANNETTI: All right. So I'd like to contrast some of those pieces with some of the pieces that were found days and weeks later by Michael Proctor, and I'd like to start first with item 7-13. I'd like to display Exhibit 343, which, Mr. Bates, is item five. Okay. All right. You were previously asked about Exhibit 343, which is now displayed on the screen?

MR. YANNETTI: Sure, sure. If you would check your notes for that, please.

MR. YANNETTI: Okay. That was the answer to my question. Thank you. How long after January 29th of 2022, according to your records, did Michael Proctor deliver that clothing to the crime lab?

MR. YANNETTI: Okay. So about six weeks or so after January 29th. Is that accurate? ---FLAGS and SUMMARY in next message---

MR. YANNETTI: ...you previously testified were found by DiCicco, right, on February 3rd? Correct?

MR. YANNETTI: And February 8th was now 10 days after January 29th, correct?

MR. YANNETTI: And I have displayed exhibit 346, which is 5A. Okay, looking at exhibit 346, you will agree with me that this particular piece found on February 8th by Trooper Proctor was quite a bit larger than many of the plastic pieces that had been found by Trooper DiCicco 5 days earlier on February 3rd, correct?

MR. YANNETTI: Right. But my point is, exhibit 346, what's displayed— that plastic piece is quite a bit bigger than the small pieces that were contained in DiCicco's collection, correct?

MR. YANNETTI: Okay. Now I'd like to move on to item 7-15, and if I could show exhibit 352, please, which is item eight, Mr. Bates. Okay. Item 7-15— the evidence bag that supports that lists the law enforcement officer who recovered the plastic pieces as Trooper Michael Proctor, correct?

MR. YANNETTI: And the date of recovery of those pieces was February 11th of 2022, correct?

MR. YANNETTI: And again, hearkening back to DiCicco's evidence bag from February 3rd, this is now 8 days later that these pieces are found, correct?

MR. YANNETTI: And it's now almost two weeks that these pieces are found after January 29th, right— 13 days, correct?

MR. YANNETTI: All right. If I could show exhibit 355, which is 8A, Mr. Bates. You would agree with me that this particular piece found by Trooper Proctor on February 11th is also quite a bit larger than those small pieces that were contained in Trooper DiCicco's evidence collection, correct, on February 3rd?

MR. YANNETTI: All right. I'd like to move on to item 7-16, which is number nine, Mr. Bates— what exhibit number is this? Specifically— and this has not yet been introduced, so I'm about to introduce it. And in fact, why don't I do that first? If I can approach the witness?

MR. YANNETTI: And there's no objection to this, Mr. L?

MR. YANNETTI: Okay. I'll just have the witness identify it and then offer it. Do you recognize what that photo depicts that I've handed to you?

MR. YANNETTI: What is it?

MR. YANNETTI: Okay. I would offer that, Your Honor.

MR. YANNETTI: Okay, so if I can display exhibit 436, which is number nine— sure. And again, you just identified that as the bag supporting item 7-16, correct?

MR. YANNETTI: That also lists the law enforcement officer who recovered the plastic pieces as Trooper Michael Proctor, correct?

MR. YANNETTI: And the date of recovery of those plastic pieces was February 18th of 2022, correct?

MR. YANNETTI: So Trooper Proctor is now finding these pieces over two weeks after the smaller pieces were found by Trooper DiCicco, correct?

MR. YANNETTI: February 18th is nearly 3 weeks after January 29th, is it not?

MR. YANNETTI: All right. If I could show exhibit 380, which is 9A, Mr. Bates. You would agree with me that this particular piece found by Trooper Proctor on February 18th is also quite a bit larger than those smaller plastic pieces found by Trooper DiCicco on February 3rd, correct?

MR. YANNETTI: This one appears to be about 11 cm long, approximately?

MR. YANNETTI: All right. If I could show exhibit 376, which is 9B, Mr. Bates. Okay. And you would agree with me that this particular piece found by Trooper Proctor on February 18th is also quite a bit larger than those smaller plastic pieces found by Trooper DiCicco back on February 3rd, correct?

MR. YANNETTI: In fact, that appears to be larger than the piece that you just identified in exhibit 380— the one that was just on the screen, right?

MR. YANNETTI: This one appears to be maybe about 18 cm long. Does that seem accurate?

MR. YANNETTI: And finally, if we could show exhibit 378, which is 9C, Mr. Bates. You would agree with me that this particular piece found by Trooper Proctor on February 18th is even larger than the last one that we just saw, correct?

MR. YANNETTI: Okay. This appears to be about 19 cm long?

MR. YANNETTI: Okay. But I have the actual measurement in my notes.

MR. YANNETTI: Well, the precise measurement is not important. I'm just getting at the relative comparison. This one's certainly quite a bit larger than the smaller pieces found by Trooper DiCicco back on February 3rd, correct?

MR. YANNETTI: This larger piece of red plastic, like the previous two that you just identified, were all found on February 18th, about 3 weeks after January 29th, correct?

MR. YANNETTI: And regarding these last three evidence bags labeled item number 7-13, 7-15, and 7-16, in February of 2022, from February 8th to the 18th, those were all plastic pieces collected by Michael Proctor, correct?

MR. YANNETTI: And in addition to collecting those pieces— to court staff: Turn the lights on, Miss

MR. YANNETTI: — court staff responds affirmatively I'm sorry. Okay, and we can take that down, please. In addition to collecting those plastic pieces on all those different days, Michael Proctor was also the person to hand deliver those last three evidence bags, all on March 14th of 2022, correct?

MR. YANNETTI: And you do not know what Michael Proctor did or didn't do with those evidence bags of pieces of tail light prior to March 14th of 2022, when your lab received them, correct?

MR. YANNETTI: All right. Now, the tail light of that Lexus sits in the housing of the Lexus— the tail light housing— such that part of the tail light faces the rear of the car and part of the tail light loops around and faces the passenger side of the car, correct?

MR. YANNETTI: You'd agree with me that once you received the final pieces of tail light from Michael Proctor on March 14th— or once your lab received that— you were then able to piece together a majority of the tail light, correct?

MR. YANNETTI: Right. So it was true that after Michael Proctor submitted these pieces of tail light on March 14th, it was after that that you were able to do the reconstruction that you testified about, correct?

MR. YANNETTI: If I could have exhibit 432 displayed, which is image 2151, Mr. Bates. That is the reconstruction— the final reconstruction that you were able to do, correct?

MR. YANNETTI: You would agree with me that there's one section of that tail light that was missing completely, correct?

MR. YANNETTI: And that missing section is noticeably visible in your reconstruction, is it not?

MR. YANNETTI: And do you still have that laser pointer there?

MR. YANNETTI: Would you please point to the section of tail light that's missing?

MR. YANNETTI: Yes, it actually was. I should have said "right" or "correct," but I didn't. Yes. Okay. And— you would agree with me— and if we could zoom back out, Mr. Bates. You would agree with me that the portion of tail light that you did not have was strictly on the rear side of the tail light, if I can call it that?

MR. YANNETTI: Okay. But in any case, to this day you do not know where the pieces that make up that hole are, or what happened to them, correct?

MR. YANNETTI: May I have a moment?

MR. YANNETTI: No further questions. Thank you.