Commonwealth v. Read — Trial ArchiveAshley Vallier — Cross/Redirect
383 linesCROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good morning.
MS. VALLIER: Good morning.
MR. YANNETTI: You have testified that when evidence comes into the crime lab, it is given crime lab evidence or item numbers, correct?
MS. VALLIER: It is given a case number, and then each piece of evidence gets its own individual item number.
MR. YANNETTI: Okay. And if you would just keep your voice up because we want to make sure that the last jurors here can hear you. Consistent with that policy, the evidence that your lab received in this case was also given those item numbers, correct?
MS. VALLIER: Correct.
MR. YANNETTI: So I'd like to ask you about one particular item number in this case. 7-18.18. 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 tee shirt and gray long- sleeve shirt," end quote?
MS. VALLIER: If I can --
JUDGE CANNONE: You can.
BY MR. YANNETTI:
MR. YANNETTI: And, again, it's 7-18.18.
MS. VALLIER: Debris from orange tee shirt, 7-17, and gray long-sleeve shirt, 7-18-JR.
MR. YANNETTI: Terrific. Item 7-18.18 did not include the orange tee shirt, itself, correct?
MS. VALLIER: No.
MR. YANNETTI: I believe that you just testified that was given a different item number which was 7-17?
MS. VALLIER: I believe so.
MR. YANNETTI: And 7-18.18 also did not include the gray long-sleeve shirt either, correct?
MS. VALLIER: I didn't look at 7-17 or 7-18. I only received the debris from.
MR. YANNETTI: Okay. Yes. That's my point. So with regard to the orange tee 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, 7-18.18, correct?
MS. VALLIER: Correct.
MR. YANNETTI: And that debris consisted of different categories, did it not?
MS. VALLIER: There were different pieces of -- there were different things inside of it, yes.
MR. YANNETTI: Yes. Different categories of things, correct?
MS. VALLIER: Sure.
MR. YANNETTI: All right. So one category was dirt and debris, correct?
MS. VALLIER: Yes.
MR. YANNETTI: You did not test the dirt and debris, correct?
MS. VALLIER: Correct.
MR. YANNETTI: Another category was or were, I should say, several apparent hairs?
MS. VALLIER: Yes.
MR. YANNETTI: And you did not test those hairs, correct?
MS. VALLIER: Correct.
MR. YANNETTI: And another category I believe you've already testified to 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?
MS. VALLIER: Okay. So there were several pieces of red apparent plastic and then one piece of clear apparent plastic measuring approximately one-eighth of an inch by one-sixteenth of an inch. Yes.
MR. YANNETTI: Okay. I apologize for continually reminding you, but I am just mindful that everybody needs to hear you. So to the best you can if you can just keep your voice up. I'll try to do the same.
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 imbedded in either shirt when you examined them, correct?
MS. VALLIER: I don't know. I didn't examine the shirt.
MR. YANNETTI: Well, so to my question, the pieces that you saw were not imbedded in the shirt when you examined them, correct?
MS. VALLIER: Correct.
MR. YANNETTI: And, again, that's because you never took possession of any shirt in this case, correct?
MS. VALLIER: Correct.
MR. YANNETTI: The pieces were loose and they were not imbedded in anything, correct?
MS. VALLIER: The pieces were -- well, I examined the debris from the shirt. I don't know what the person who packaged it did to collect that.
MR. YANNETTI: Okay. And so it goes without saying that you never saw those pieces on either the orange shirt or the gray long-sleeve shirt, correct?
MS. VALLIER: I did not.
MR. YANNETTI: And you obviously had no control over how the evidence was handled before it came into your possession, correct?
MS. VALLIER: We have a chain of custody in the laboratory. But I did not follow the evidence as it went through the chain.
MR. YANNETTI: Okay. And we'll talk about the chain of custody in a minute. Before this evidence came into your possession, you did not witness who seized it, correct?
MS. VALLIER: Correct.
MR. YANNETTI: You did not witness who handled it, correct?
MS. VALLIER: Correct.
MR. YANNETTI: Before it came into your possession, you don't know who had access to that evidence, correct?
MS. VALLIER: So all of our evidence is stored in locked facilities.
MR. YANNETTI: Right. But I guess let me modify that question. Before it came to your lab, you don't know who had access to that evidence, correct?
MS. VALLIER: Correct.
MR. YANNETTI: You also don't know before it came to your lab whether the shirts in question were at all times kept separate from the red or clear plastic pieces of -- pieces of plastic that were in the possession of certain members of the state police, correct?
MS. VALLIER: Correct.
MR. YANNETTI: The chain of custody at the crime lab started with noting the state trooper who actually delivered the evidence to your lab, along with the date, correct?
MS. VALLIER: I'm sorry. Could you repeat the question?
MR. YANNETTI: Sure. The chain of custody at the crime lab starts with noting which state trooper delivered the evidence to your lab and the date that he or she delivered it, correct?
MS. VALLIER: Or a crime scene responder. But the person who drops off the evidence to the laboratory, yes.
MR. YANNETTI: Okay. And, in this case, which particular state trooper delivered the orange tee shirt and gray long-sleeve shirt to your crime lab?
MS. VALLIER: I don't know.
MR. YANNETTI: Well, which state trooper delivered the pieces of red and clear plastic, pieces, I should say, that you just testified about?
MS. VALLIER: The Item 7-5 to 7-19.
MR. YANNETTI: Right. The several pieces of red apparent plastic and one piece of clear apparent plastic measuring an eighth of an inch by one-sixteenth of an inch. That's what I'm referring to.
MS. VALLIER: Sorry. Could you repeat the question?
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?
MS. VALLIER: Are you talking about the apparent plastic that I noted in the debris of 7-18.18?
MR. YANNETTI: Correct. Which state trooper was it that delivered that?
JUDGE CANNONE: Do you know?
MS. VALLIER: Sorry. That's an odd question.
JUDGE CANNONE: You'll have to repeat that please.
MS. VALLIER: So evidence is submitted --
JUDGE CANNONE: No. To the point you just said that he missed.
MS. VALLIER: Oh. That's kind of an odd question.
BY MR. YANNETTI:
MR. YANNETTI: Oh. Not for me.
MS. VALLIER: So --
MR. YANNETTI: Do you have a record of that?
MS. VALLIER: A record of what?
MR. YANNETTI: A record of which state trooper delivered that debris to the lab.
MS. VALLIER: So it wouldn't be delivered as like debris. It would be delivered as the individual piece of clothing which then got assigned Item 7-18, I believe. And then as someone analyzes it, each offshoot of that piece of evidence gets a 7-18.-something. So the debris collected from that shirt would be a 7-18.18.
MR. YANNETTI: Okay. All right. Listen, when those several -- actually, let me strike that. Let me get to where I was.
JUDGE CANNONE: Take your time, Mr. Yannetti.
MR. YANNETTI: Thank you.
BY MR. YANNETTI:
MR. YANNETTI: Okay. So I want to confirm with you that when you were assigned to this case, you were aware that when you were assigned to this case, you were aware that the date of the incident was January 29th of 2022, correct?
MS. VALLIER: Yes.
MR. YANNETTI: All right. And it's your testimony that you don't know which state trooper delivered the shirts to the lab, correct?
MS. VALLIER: I could look at my notes because --
MR. YANNETTI: Yes. If you would --
MS. VALLIER: Chain of custody.
MR. YANNETTI: -- check your notes for that, please.
MS. VALLIER: Okay. So Submission 7, which is everything that's Item 7- in this case was submitted by Trooper Michael Proctor, I believe.
MR. YANNETTI: Okay. That was the answer to the odd question. Thank you. How long after January 29th of 2022, according to your records, did Michael Proctor deliver that clothing to the crime lab?
MS. VALLIER: It was delivered on March 14th, 2022.
MR. YANNETTI: Okay. So about six weeks or so after January 29th? Is that accurate?
MS. VALLIER: Sure.
MR. YANNETTI: Given that your lab received this evidence on March 14th of 2022,you can't testify to the chain of custody of the clothing or the pieces of plastic prior to March 14th of 2022, correct?
MS. VALLIER: Correct.
MR. YANNETTI: And, except for the taillight housing that was seized by Maureen Hartnett, except for that, your chain of custody at the lab for the two shirts plus the pieces of plastic in 7-18.18, that began on March 14th of 2022, correct?
MS. VALLIER: Correct.
MR. YANNETTI: So between January 29th of 2022 and March 14th of 2022, you do not know what Michael Proctor did or didn't do with the orange tee shirt and gray long- sleeve shirt, correct?
MR. LALLY: Objection.
JUDGE CANNONE: I'll allow it.
MS. VALLIER: I don't know.
BY MR. YANNETTI:
MR. YANNETTI: 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?
MS. VALLIER: Correct.
MR. YANNETTI: Some of those evidence bags contained relatively small pieces of plastic in them, correct?
MS. VALLIER: Correct.
MR. YANNETTI: And some of those evidence bags contained larger pieces, right?
MS. VALLIER: Correct.
MR. YANNETTI: The evidence bags that you received listed the dates of recovery of those pieces of plastic, did they not?
MS. VALLIER: I believe so.
MR. YANNETTI: And the evidence bags that you received also listed the officer who recovered the plastic pieces, right?
MS. VALLIER: I believe so.
MR. YANNETTI: And, again, when you receive those evidence bags, whatever numbers are on them, your lab assigns them your item number, correct?
MS. VALLIER: Correct.
MR. YANNETTI: So I'd like to ask you first about Item No. 7- 8. Do you have a record of that?
MS. VALLIER: Yes.
MR. YANNETTI: Now, that evidence bag, Item No. 7-8, contained multiple pieces of red, black and clear pieces of plastic, correct?
MS. VALLIER: Contained 14 pieces of red, black, colorless and silver colored apparent plastic, yes.
MR. YANNETTI: Okay. And the date of collection was February 3rd of 2022?
MS. VALLIER: Item 7-8?
MR. YANNETTI: Yes.
MS. VALLIER: February 3rd, 2022.
MR. YANNETTI: Okay. If you have that in front of you, that was also collected by a trooper named DiCicco, correct?
MS. VALLIER: Yes.
MR. YANNETTI: If I may approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. YANNETTI:
MR. YANNETTI: So I show you a photograph. Can you identify what that is?
MS. VALLIER: Yes.
MR. YANNETTI: What is that?
MS. VALLIER: That is the handwritten label on Item 7-8.
MR. YANNETTI: That would have been the evidence bag that your lab received and gave Item No. 7-8 to it, correct?
MS. VALLIER: Correct.
MR. YANNETTI: And that appears to be an exact, you know, photograph of the actual bag?
JUDGE CANNONE: I believe there is no objection to it.
MR. YANNETTI: Yes. That's true. Okay. May I offer that, Your Honor?
JUDGE CANNONE: Sure.
(Whereupon, photograph was entered and marked Exhibit No. 435 in Evidence.)
COURT REPORTER: Exhibit 435, Your Honor.
JUDGE CANNONE: Thank you.
MR. YANNETTI: May I display that for the jury, Your Honor?
JUDGE CANNONE: Okay.
BY MR. YANNETTI:
MR. YANNETTI: That is what I just showed you on the screen, correct?
MS. VALLIER: Correct.
MR. YANNETTI: And that's where it's indicated what the date of collection was and which trooper collected it, correct?
MS. VALLIER: Correct.
MR. YANNETTI: All right. If we can turn the lights on for a minute.
MR. YANNETTI: And you would agree with me that that date, February 3rd of 2022, was only five days after the January 29th blizzard, correct?
MS. VALLIER: I don't recall the dates of blizzards, but --
MR. YANNETTI: Oh, okay. Let's put it the date of the incident. You had previously testified that was January 29th, correct?
MS. VALLIER: Correct.
MR. YANNETTI: And February 3rd was five days after that, right?
MS. VALLIER: Yes.
MR. YANNETTI: All right.
MR. YANNETTI: I'd like to show Exhibit 279, please.
MR. YANNETTI: 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?
MS. VALLIER: That is the entirety of the contents of the Item 7-8.
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 29, correct?
MS. VALLIER: Correct.
MR. YANNETTI: And you see that there are some relatively small pieces that were allegedly found on February 3rd, correct?
MS. VALLIER: Correct.
MR. YANNETTI: Your Honor, I'm continually showing photographs. We can turn the lights on and off. Whatever the Court's preference is.
JUDGE CANNONE: You can just tell the court officer when you want the lights turned off.
MR. YANNETTI: All right. They get turned on for like a question or two and then I turn them back on.
JUDGE CANNONE: Whatever you want to do.
MR. YANNETTI: That's fine.
BY MR. YANNETTI:
MR. YANNETTI: 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. This is --
MR. YANNETTI: I'd like to display Exhibit 343 which, Mr. Bates, is Item 5. Okay.
MR. YANNETTI: You were previously asked about Exhibit 343 which is now displayed on the screen?
MS. VALLIER: Yes.
MR. YANNETTI: And that is the first evidence bag submitted by Trooper Proctor; is it not?
MS. VALLIER: In my notes -- sorry.
MR. YANNETTI: Let me rephrase that. He submitted evidence bags all at one time, correct?
MS. VALLIER: Yes.
MR. YANNETTI: All on 3-14. So when I said the first evidence bag, I meant the earliest date of collection. I should have asked it that way, February 8th of 2022.
MS. VALLIER: Sure. I don't know all of the dates that each item was collected on.
MR. YANNETTI: Okay. But, in any case, those -- according to the evidence bag that you received, the contents of that bag which were, again, pieces of plastic, correct --
MS. VALLIER: Pieces of apparent plastic.
MR. YANNETTI: Pieces of apparent plastic. Those were found five days after the pieces that you previously testified were found by DiCicco, right, on February 3rd?
MS. VALLIER: Correct.
MR. YANNETTI: All right. And February 8th was now 10 days after January 29th, correct?
MS. VALLIER: Correct.
MR. YANNETTI: Can I have displayed Exhibit 346, which is 5A.
MR. YANNETTI: Okay. Looking at Exhibit 3:46, 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 five days earlier on February 3rd, correct?
MS. VALLIER: I mean, there were a variety of sizes of pieces on the other one. But it is an approximately four-ish inches.
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?
MS. VALLIER: Than some of those pieces, yes.
MR. YANNETTI: Yes. Okay. Now, I'd like to move on to Item 7-15.
MR. YANNETTI: If I could show Exhibit 352, please, which is Item 8, Mr. Bates.
MR. YANNETTI: 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?
MS. VALLIER: Correct.
MR. YANNETTI: And the date of recovery of those pieces was February llth of 2022, correct?
MS. VALLIER: Correct.
MR. YANNETTI: Again, harkening back to DiCicco's evidence bag from February 3rd, this is now eight days later that these pieces are found, correct?
MS. VALLIER: Correct.
MR. YANNETTI: And it's now almost two weeks that these pieces are found after January 29th, right, 13 days?
MS. VALLIER: Correct.
MR. YANNETTI: All right. If I could show Exhibit 355, which is Exhibit 8A, Mr. Bates.
MR. YANNETTI: 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?
MS. VALLIER: Correct.
MR. YANNETTI: All right. I'd like to move on to Item 7-16, which is No. 9, Mr. Bates.
JUDGE CANNONE: What exhibit number is this?
MR. YANNETTI: This has not yet been introduced. So I'm about to introduce it. And, in fact, why don't I do that first.
JUDGE CANNONE: Okay.
MR. YANNETTI: If I can approach the witness?
JUDGE CANNONE: Sure. There is no objection to this, Mr. Lally?
MR. YANNETTI: I'll just have the witness identify it and then offer it.
BY MR. YANNETTI:
MR. YANNETTI: Do you recognize what that photograph depicts that I've handed to you?
MS. VALLIER: I do.
MR. YANNETTI: What is it?
MS. VALLIER: The handwritten label from Item 7-16.
MR. YANNETTI: I would offer it, Your Honor.
JUDGE CANNONE: Okay.
(Whereupon, photograph was entered and marked Exhibit No. 436 in Evidence.)
COURT REPORTER: Exhibit 436.
MR. YANNETTI: So if I can display Exhibit 436, which is No. 9?
JUDGE CANNONE: Sure.
BY MR. YANNETTI:
MR. YANNETTI: And, again, you just identified that as the bag supporting item 7-16?
MS. VALLIER: Correct.
MR. YANNETTI: That also lists the law enforcement officer who recovered the plastic pieces as Trooper Michael Proctor, correct?
MS. VALLIER: Correct.
MR. YANNETTI: And the date of recovery of those plastic pieces was February 18th of 2022, correct?
MS. VALLIER: 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. LALLY: Objection.
JUDGE CANNONE: Sustained.
BY MR. YANNETTI:
MR. YANNETTI: February 18th is nearly three weeks after January 29th; is it not?
MS. VALLIER: Correct.
MR. YANNETTI: All right. If I could show Exhibit 380, which is 9A, Mr. Bates.
MR. YANNETTI: 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?
MS. VALLIER: Correct.
MR. YANNETTI: This one appears to be about 11 cm. long approximately?
MS. VALLIER: Sure.
MR. YANNETTI: All right. If I could show Exhibit 376, which is 9B, Mr. Bates.
MR. YANNETTI: 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?
MS. VALLIER: Correct.
MR. YANNETTI: In fact, that appears to be larger than the piece that you just identified in Exhibit 380, correct?
MS. VALLIER: The one that was just on the screen?
MR. YANNETTI: Right.
MS. VALLIER: Yes.
MR. YANNETTI: This one appears to be maybe 18 cm. long? Does that seem accurate?
MS. VALLIER: I mean, it's longer than the ruler.
MR. YANNETTI: Okay. Yes.
MR. YANNETTI: Finally, if we could show Exhibit 378, which is 9C, Mr. Bates.
MR. YANNETTI: 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?
MS. VALLIER: In length, yes.
MR. YANNETTI: Okay. This appears to be about 19 cm. longer?
MS. VALLIER: I mean, longer than the ruler that's up there.
MR. YANNETTI: Okay.
MS. VALLIER: I have the actual measurement in my notes.
MR. YANNETTI: Sure. And the precise measurement is not important. I'm just getting at the relative comparison. This one is certainly quite a bit larger than the smaller pieces found by Trooper DiCicco back on February 3rd, correct?
MS. VALLIER: Correct.
MR. YANNETTI: This larger piece of red plastic, like the previous two that you just identified, were all found on February 18th, about three weeks after January 29th, correct, according to your records?
MS. VALLIER: Correct.
MR. YANNETTI: And regarding these last three evidence bags labeled Item No. 7-13, 7-15 and 7-16 in February of 2022, from February 8th to the 18th, those are all plastic pieces collected by Michael Proctor, correct?
MS. VALLIER: Correct.
MR. YANNETTI: And, in addition to collecting those pieces --
JUDGE CANNONE: Can we turn the lights on, Mr. Yannetti?
MR. YANNETTI: Oh, yes. I'm sorry.
JUDGE CANNONE: And would you please take that down.
MR. YANNETTI: Yes.
BY MR. YANNETTI:
MR. YANNETTI: 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?
MS. VALLIER: Correct.
MR. YANNETTI: And you do not know what Michael Proctor did or didn't do with those evidence bags of pieces of taillight prior to March 14th of 2022 when your lab received them, correct?
MR. LALLY: Objection.
JUDGE CANNONE: I am going to sustain it. It was already asked.
BY MR. YANNETTI:
MR. YANNETTI: Now, the taillight of that Lexus sits in the housing of the Lexus, the taillight housing such that part of the taillight faces the rear of the car and part of the taillight loops around and faces the passenger side of the car, correct?
MS. VALLIER: Sure.
MR. YANNETTI: All right. Because it's on the corner?
MS. VALLIER: Sure. Yes.
MR. YANNETTI: You'd agree with me that once you received the final pieces of taillight from Michael Proctor on March 14th or once your lab received that, you were then able to piece together a majority of the taillight, correct?
MS. VALLIER: So I wasn't assigned this case until later once everything had already been submitted to the laboratory.
MR. YANNETTI: Right. So it was true that after Michael Proctor submitted these pieces of taillight on March 14th, it was after that that you were able to do the reconstruction that you've testified about, correct?
MS. VALLIER: Correct.
MR. YANNETTI: If I could have Exhibit 432 displayed, which is Image 2151, Mr. Bates.
MR. YANNETTI: That is the reconstruction, the final reconstruction that you were able to do, correct?
MS. VALLIER: Correct.
MR. YANNETTI: You would agree with me that there is one section of that taillight that was missing completely, correct?
MS. VALLIER: Correct.
MR. YANNETTI: And that missing section is noticeably visible in your reconstruction; is it not?
MS. VALLIER: Yes.
MR. YANNETTI: And do you still have that laser pointer there?
MS. VALLIER: I do.
MR. YANNETTI: Would you please point to the section of taillight that's missing?
MS. VALLIER: (Indicating.)
MR. YANNETTI: Okay. There appears to be a hole on the upper left side of that exhibit?
MS. VALLIER: Is that a question?
MR. YANNETTI: Yes. It actually was. I should have said "right" or "correct," but I didn't.
MS. VALLIER: Yes.
MR. YANNETTI: And you would agree with me -- and, if we could zoom out, Mr. Bates. You would agree with me that the portion of taillight that you did not have was strictly on the rear side of the taillight, if I can call it that?
MS. VALLIER: I am not sure what orientation that goes onto a car.
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?
MS. VALLIER: I do not.
MR. YANNETTI: If I may have a moment?
JUDGE CANNONE: Yes.
MR. YANNETTI: No further questions. Thank you.
JUDGE CANNONE: All right. Mr. Lally?
MR. LALLY: Thank you, Your Honor.
REDIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Now, Mx. Vallier, with reference to Item 7-17 and 18, the orange tee shirt and the gray sweatshirt, fair to say you never actually physically saw those items, correct?
MS. VALLIER: The clothing? No, I did not.
MR. LALLY: Now, the debris that was provided, are you familiar with how that process or who got those debris items from those clothing items?
MS. VALLIER: I can look at my notes and tell you who submitted it or who transferred it to our unit.
MR. LALLY: If you could.
JUDGE CANNONE: The witness is ready, Mr. Lally.
MR. LALLY: I'm sorry.
MR. LALLY: And, from your view, who was that person?
MS. VALLIER: Maureen Hartnett.
MR. LALLY: Now, as far as the eighth of an inch by a sixteenth of an inch red and clear apparent plastic pieces that you observed within that debris, that was mixed in with other debris as far as dirt, fibers, things of that nature; is that correct?
MS. VALLIER: Yes.
MR. LALLY: And the eighth of an inch by sixteenth of an inch pieces that were contained within that debris, was that something that you observed visually or microscopically or both?
MS. VALLIER: So usually I take overall pictures of the debris and then I'll look through the stereo zoom to see if there is anything that looks different. And then I'll take a picture of that. So that is what I do. I look through the stereo zoom.
MR. LALLY: Now, as far as the collection of evidence, fair to say you don't know who was a trooper, who was there when they were collected, how many troopers were there when it was collected, when it was collected, anything to do with that, fair to say?
MS. VALLIER: Yes.
MR. LALLY: And, as far as the pieces that you've testified to as far as fitting them mechanically together, all of those pieces then fit mechanically onto the taillight housing taken from the defendant's vehicle, correct?
MS. VALLIER: Correct.
MR. LALLY: Nothing further.
MR. YANNETTI: Nothing on that.
JUDGE CANNONE: All right. Mx. Vallier, you are all set. Thank you very much.
MS. VALLIER: Thank you, Your Honor.
JUDGE CANNONE: Jurors, do you want to take your morning break now or wait? People are saying "ves," So we will take the morning recess.
(Whereupon, the jury is escorted from the courtroom for a brief recess.)
JUDGE CANNONE: I'll see counsel at sidebar, please.
(Whereupon, there was a sidebar conference as follows:)
JUDGE CANNONE: So is your next witness an out-of- order witness?
MR. LALLY: Yes.
JUDGE CANNONE: All right.
MR. YANNETTI: And this will actually be Mr. Jackson's witness.
JUDGE CANNONE: There is no objection to that?
MR. JACKSON: No. There is no objection. I will tell the Court, as I indicated to Mr. Lally, there is one item that I'd like to have marked that he had not seen until this morning. But I haven't done it because it was out of order. So I did it last night and I gave it to him this morning. This witness I expect some complicated testimony about testing, and it's my effort to clear that complication up. I can show it to the Court now.
JUDGE CANNONE: Is it intended as a chalk or an exhibit?
MR. JACKSON: I'd begun the idea as a chalk and now I'd like to make it as an exhibit because it's extremely helpful, I think.
JUDGE CANNONE: All right.
MR. JACKSON: To me.
JUDGE CANNONE: Fair enough.
MR. YANNETTI: Oh, I think to the jury too.
JUDGE CANNONE: So have you seen it or you haven't seen it?
MR. LALLY: I have seen it. I don't think it comes in as an exhibit. But, if Mr. Jackson wants to use it as a chalk, I have no objection to that. There are some things that are incorrect on it, but I think that's --
JUDGE CANNONE: If it's incorrect --
MR. JACKSON: There is one typo. I changed 3- 1 to 3-2. Is that what you're talking about?
MR. LALLY: Yes.
MR. JACKSON: Yes. That was my fault.
JUDGE CANNONE: Is that the only thing? Because I was going to say if it's incorrect, I can't let you use it even as a chalk.
MR. JACKSON: I just changed it. That's a typo that should be 3-2.
MR. LALLY: My issue is all of that. If you want to show photos of the items, that's fine. But, as far as -- I don't know what that is or how this witness would know what those are.
JUDGE CANNONE: Okay.
MR. JACKSON: As long as I can show it to the jurors then I don't necessarily care that it's an exhibit as long as it can be displayed to the jurors as we are talking about these items.
JUDGE CANNONE: So you want each one to come individually as you're going through it, not all at once like this?
MR. JACKSON: That's right. It would be all at once like this, and then I'll ask her -- these are comparisons. "A," "B," "C," "D" and "E" are pieces of glass. "A" does not match the cup. It does not match the three pieces -- I'm sorry -- the nine pieces found by Bukhenik. It does not match the one piece found by --
JUDGE CANNONE: Okay. So this is actually argument, Mr. Jackson.
MR. JACKSON: It could be argument except it's factual. Everything on it is factual. The pieces do match certain things and don't match other things.
JUDGE CANNONE: I understand that, but I'm putting it out there, pulling it altogether and arguing it for the jury. If you don't have a problem with it as a chalk, that's fine. Is this the only copy you have?
MR. LALLY: Yes. And I do have an issue with that as a chalk. The photograph's fine if he wants to ask questions in relation to what's depicted there. But depicting that up on the screen for the jury is just inappropriate.
JUDGE CANNONE: All right. So there is an objection to it as a chalk. We will see how the testimony comes in.
MR. JACKSON: I'll get the testimony out and then I'll ask for permission if I can then --
JUDGE CANNONE: We will come to sidebar. So I would like a copy of this.
MR. JACKSON: Sure. Let me give you the right one, Judge, that has the typo fixed. I just printed it out.
JUDGE CANNONE: Okay. And we'll mark it for identification.
COURT REPORTER: That will be "WW" for Identification for the record.
(Whereupon, chain of custody document was entered and marked Exhibit "VV" for Identification.)
(Whereupon, chain of custody document was entered and marked "WW" for Identification.)
JUDGE CANNONE: We will take a 15-minute break. We will come back at 11:00 o'clock.
MR. YANNETTI: Thank you.
MR. JACKSON: Thank you, Your Honor.
(Whereupon, the sidebar conference concluded anda brief recess was taken.)
(Court resumes)
(Defendant present. Jury present.)
JUDGE CANNONE: All right. Mr. Lally, your next witness, please.
MR. LALLY: Yes, Your Honor. The Commonwealth would call Ms. Christina Hanley to the stand.