Commonwealth v. Read — Trial ArchiveAshley Vallier — Direct (Part 2)
433 linesPROCEEDINGS June 5, 2024
(Court in session at 9:12 a.m.)
(Defendant present. Jury not present.)
COURT CLERK: 22-117, Commonwealth versus Karen Read. Counsel, kindly identify yourselves for the record.
MR. LALLY: Adam Lally, for the Commonwealth. Good morning, Your Honor.
JUDGE CANNONE: Good morning, Mr. Lally.
MS. MCLAUGHLIN: Good morning, Your Honor. Laura McLaughlin, for the Commonwealth.
JUDGE CANNONE: Good morning, Ms. McLaughlin.
MR. JACKSON: Good morning, Your Honor. Alan Jackson, for Ms. Read.
JUDGE CANNONE: Good morning, Mr. Jackson.
MS. LITTLE: Good morning, Your Honor. Elizabeth Little, also on behalf of Ms. Read.
JUDGE CANNONE: Good morning, Ms. Little.
MR. YANNETTI: Good morning, Your Honor. David Yannetti, for Karen Read.
JUDGE CANNONE: Good morning, Mr. Yannetti. Good morning, Ms. Read. Good morning, jurors. So I have to ask you those same three questions. Were you able to follow the instructions and refrain from discussing this case with anyone since we left here on Monday? Everyone said "yes" and nodded affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case since we were last here? Everyone said "yes" or nodded affirmatively. Did anyone happen to see, hear or read anything about this case since we left here the other day? Everyone said "no" or shook their heads. Okay. Thank you. May we have Mx. Vallier, please.
Whereupon ASHLEY VALLIER, Resuming having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: All right, Mr. Lally. Whenever you are ready.
MR. LALLY: Thank you, Your Honor. CONTINUED DIRECT EXAMINATION
BY MR. LALLY:
MR. LALLY: Good morning, ma'am.
MS. VALLIER: Good morning
MR. LALLY: Now, Mx. Vallier, when we had left off the other day, I believe you had just looked at some photos of Item 7-16; is that correct? If you recall.
MS. VALLIER: It's been a few days.
MR. LALLY: That's okay.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, I'm going to show you a series of six photographs and ask you to review those and look up when you're finished.
JUDGE CANNONE: I am going to remind both of you to keep your voices up.
MR. LALLY: Yes, Your Honor.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, do you recognize what's in those photographs?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize those to be?
MS. VALLIER: Photos I took of Item 7-16.
MR. LALLY: May I approach the witness, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: Your Honor, the Commonwealth seeks to introduce and admit as the next exhibit.
MR. YANNETTI: May I just see it, please? No objection.
(Whereupon, photographs were entered and marked Exhibits No. 332 and 333 in Evidence.)
(Whereupon, photographs were entered and marked Exhibits No. 369 through 372 in Evidence.)
COURT REPORTER: Your Honor, for the record, those are Exhibits 332, 333, 369, 370, 371 and 372, as 332 and 333 were skipped over in our last day of trial.
MR. LALLY: Thank you, Your Honor. With the Court's permission, may I have those published for the jury?
JUDGE CANNONE: Yes.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 2059.
MR. LALLY: Mx. Vallier, do you recognize what's up on the screen in that photograph which has now been marked as Exhibit 332?
MS. VALLIER: Yes.
MR. LALLY: Is that one of the items from 7-16, next toa ruler with measurements corresponding to that item?
MS. VALLIER: Yes.
MR. LALLY: Ms. Gilman, if I could have Photograph 2081. Excuse me. 2061. I apologize.
MR. LALLY: Mx. Vallier, what's up on the screen, is that a piece from 7-16 that's now been marked as Exhibit 369?
MS. VALLIER: Yes.
MR. LALLY: Now, Mx. Vallier, as far as this particular item is concerned, with reference to sort of the texture of that particular piece of plastic, what, if anything, did you note or observe in reference to that?
MS. VALLIER: I'm sorry. The texture?
MR. LALLY: I'm sorry. Do you have the laser pointer in front of you?
MS. VALLIER: Oh, yes.
MR. LALLY: Now, as far as the surface area of that particular piece of plastic, how would you describe that?
MS. VALLIER: I mean, there are little dots on it. There's like dimples of a sort.
MR. LALLY: Stippling or dimples of some sort on a piece of plastic?
MS. VALLIER: Yes.
MR. LALLY: And, as far as those stipplings or dimples on the piece of plastic, were those flush with the rest of the plastic? Were they raised a little bit? How were they sort of --
MS. VALLIER: I don't recall.
MR. LALLY: Ms. Gilman, if I could have Photograph 20 -- forgive me, Your Honor. 2064.
MR. LALLY: And, again, Mx. Vallier, what's up on the screen has now been marked as Exhibit 371. Do you recognize that?
MS. VALLIER: I do.
MR. LALLY: And that is another piece next to a ruler, essentially, memorializing its measurements from Item 7-16; is that correct?
MS. VALLIER: Correct.
MR. LALLY: Your Honor, may I approach the witness?
JUDGE CANNONE: Yes.
MR. LALLY: Mx. Vallier, I'm showing you another series of 11 photographs and ask you to look at those and look up when you're finished.
JUDGE CANNONE: Will you show Mr. Yannetti what those are?
MR. LALLY: Your Honor, each counsel was shown each and every one of the photographs prior to, before coming in today, but I'm happy to give them to counsel to look.
MR. YANNETTI: I just need to know the particular evidence numbers at the end.
BY MR. LALLY:
MR. LALLY: Do you recognize those?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize those to be?
MS. VALLIER: Photos I took of Item 7-16.
MR. LALLY: So additional items contained within Item 7- 16; is that correct?
MS. VALLIER: Yes.
MR. LALLY: And what's contained in those photographs, is that a fair and accurate portrayal of what you observed during the course of your examination and analysis in regard to Item 7-16 in this case?
MS. VALLIER: Yes.
MR. LALLY: Your Honor, the Commonwealth would seek to introduce and admit as the next 11 exhibits.
JUDGE CANNONE: Any objection?
MR. YANNETTI: I'm not going to have an objection. I just need to know what numbers they are.
(Whereupon, photographs were entered and marked Exhibits No. 373 through 383 in Evidence.)
COURT REPORTER: Exhibits 373 through 383, Your Honor.
JUDGE CANNONE: Thank you.
MR. LALLY: And, Your Honor, with the Court's permission, if I could publish some of the photos from this packet to the jury.
JUDGE CANNONE: Okay.
MR. LALLY: Ms. Gilman, if I could have Photograph 2036.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, do you recognize what's up on the screen as Exhibit 373?
MS. VALLIER: That was one of the photos I just looked at.
MR. LALLY: And, as far as the evidence bag containing items of 7-16; is that correct?
MS. VALLIER: Yes.
MR. LALLY: Ms. Gilman, if I could have 2039.
MR. LALLY: And, again, Mx. Vallier, do you recognize what's up on the screen which has now been marked as Exhibit 374?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize those to be?
MS. VALLIER: A photo that I took of Item 7-16.
MR. LALLY: And that would be the entirety of the items in that evidence bag from the prior exhibit; is that correct?
MS. VALLIER: Yes.
MR. LALLY: Ms. Gilman, if I could have 2051?
MR. LALLY: And, again, Mx. Vallier, do you recognize what's up on the screen?
MS. VALLIER: I do.
MR. LALLY: What do you recognize that to be?
MS. VALLIER: A photo I took of Item 7-16.
COURT REPORTER: Can you speak up a little and slower?
MR. LALLY: Yes.
BY MR. LALLY:
MR. LALLY: In particular, one of the red plastic pieces from Item 7-16; is that correct?
MS. VALLIER: Yes.
MR. LALLY: And, for the record, Your Honor, that is Exhibit 376. And, Ms. Gilman, if I could have Photograph 2053.
MR. LALLY: And, again, Mx. Vallier, do you recognize what's now on the screen which has now been marked Exhibit 378?
MS. VALLIER: I do.
MR. LALLY: What do you recognize that to be?
MS. VALLIER: One of the photos I took of Item 7-16.
MR. LALLY: Lastly, in this batch, Ms. Gilman, if I could have Photograph 3055.
MR. LALLY: And, again, Mx. Vallier, do you recognize what's up on the screen which is now marked Exhibit 380?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize that as?
MS. VALLIER: It's one of the photos that I took of Item 7-16.
MR. LALLY: And this particular item in Exhibit 380, can you describe sort the color, shape, what you observed of this particular item?
MS. VALLIER: That's a piece of red and clear apparent plastic.
MR. LALLY: A piece of red plastic with a piece of clear plastic sort of within the same piece?
MS. VALLIER: Apparent plastic, yes.
MR. LALLY: Now, Mx. Vallier, could you describe for the jury again just as far as the process --
JUDGE CANNONE: Can we put the light on, Mr. Lally?
MR. LALLY: Yes.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, if you could explain to the jury again sort of the process that you undertook as far as these various pieces from these various evidence item numbers? What was the process that you undertook as far as doing your comparison?
MS. VALLIER: So first of all, everything is documented. Each item is documented separately with photographs, notes. I put a label with the case number, item number, and then "A," "B," "C," et cetera. If there are multiple pieces in it, we will put a label on each piece. I look at the photos to see if there are any Similarities, dissimilarities, to see if there are any potential pieces to compare. And then, if I do think that there are pieces that could be compared, I will open those items and keep them all separate and then look at them in realtime to see if it does actually look like they could be consistent before I bring them close together. If it still looks like they are, they could be consistent, then I'll bring them together to see if there is an actual mechanical fit and then I'll document that and look at it under the stereo zoom.
MR. LALLY: And the device you use to look, can you describe for the jury what that is again?
MS. VALLIER: So the stereo zoom is also called a stereo microscope. It's a microscope that is on a stand so you can put larger pieces of evidence underneath it.
MR. LALLY: Now, as far as that initial sort of looking at things together, are you doing that -- how are you sort of organizing that? Is that by item number, by color or by something else?
MS. VALLIER: I did this by color because it seemed the easiest way to organize all of these pieces.
MR. LALLY: And then within the individual item number, say just randomly 7-15, for example, are you looking at that -- if there's multiple pieces within an item, are you looking at the consistency within the item prior to looking, sort of crossing between 7-15 and 7-16? Is that the process?
MS. VALLIER: I'm sorry. Could you repeat the question?
MR. LALLY: Sure. It's a very long question and very confusing. My fault. So as far as the comparison is concerned, are you looking solely within an item so if an item has multiple pieces, are you comparing just those pieces within that item first?
MS. VALLIER: As part of my initial examination, I am documenting that item. If there are multiple pieces, I'll compare those pieces first.
MR. LALLY: And then if there are any pieces that are consistent, are you then cross-referencing that item's pieces with pieces from a different item?
MS. VALLIER: Yes.
MR. LALLY: Your Honor, may I approach?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: I'm showing you another series of 19 photographs. I just ask you to review those and look up when you are finished.
MS. VALLIER: (Witness complies.)
MR. LALLY: And do you recognize what's contained in those photographs, Mx. Vallier?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize them to be?
MS. VALLIER: These are photos from my case of either within the same item that had a mechanical fit that I'd then tape together or mechanical fits from between different items.
MR. LALLY: May I approach, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: The Commonwealth would seek to introduce them as the next 19 exhibits.
MR. YANNETTI: No objection, but have I seen those yet?
MR. LALLY: This morning?
MR. YANNETTI: Right.
MR. LALLY: I was going to hand them to you after they were marked.
MR. YANNETTI: That's fine.
(Whereupon, photographs were entered and marked Exhibits No. 384 through 402 in Evidence.)
COURT REPORTER: Exhibits 384 through 402.
JUDGE CANNONE: Thank you.
MR. YANNETTI: Your Honor, may I speak with counsel for one second?
JUDGE CANNONE: Sure.
(Whereupon, there was a discussion off the record.)
BY MR. LALLY:
MR. LALLY: Before we get to the photos, Mx. Vallier, if I could just ask as far as your analysis was concerned with reference to each of these items, if I could just ask you some questions about that. Starting first with Item 3-1, that was the passenger side taillight housing; is that correct?
MS. VALLIER: I believe so.
MR. LALLY: And you analyzed pieces of that along with the sort of housing unit, itself; is that correct?
MS. VALLIER: Do you mean like there was like the taillight and there were smaller pieces also in there?
MR. LALLY: Yes.
MS. VALLIER: Yes.
MR. LALLY: And you took measurements of the various pieces that you observed?
MS. VALLIER: I did.
MR. LALLY: And did you record those within your notes?
MS. VALLIER: I did.
MR. LALLY: Do you recall what those measurements were?
MS. VALLIER: Not without looking at my notes.
MR. LALLY: Your Honor, with the Court's permission, may the witness refer to her notes?
JUDGE CANNONE: Yes. The witness is ready, Mr. Lally.
BY MR. LALLY:
MR. LALLY: And what were those measurements?
MS. VALLIER: Do you want all of them?
MR. LALLY: Just in -- yes. I mean, first starting with reference to the taillight housing assembly.
MS. VALLIER: So the taillight I called Piece "A" in this case. And it measured approximately 14 inches by 9 inches by 8 1/4 inches.
MR. LALLY: And then which of the pieces that were contained within that sort of taillight evidence bag did you compare to the taillight housing, itself?
MS. VALLIER: So there was a lot of like very, very small pieces that I took pictures of. But they were very small. So they were not suitable for comparison. So I didn't look at those. There were some larger pieces that were suitable for comparison. So I did look to see if they fit in with Piece "A."
MR. LALLY: And with regard to that analysis of whether or not they fit in with Piece "A," which of those pieces did you find did fit?
MS. VALLIER: So amongst Item 3-1, Piece "A" and Piece "B" fit together mechanically. And then Piece "A" and Piece "F" fit together mechanically.
MR. LALLY: It may be pretty apparent, but, if you could, Mx. Vallier, just expound upon what you mean when you say "they fit together mechanically."
MS. VALLIER: So when things break, they break in a unique pattern. Like, it's pretty different every time. Soa mechanical fit is bring two things with broken edges together to see if they were originally from the same item, see if the broken edges align. And, if they do, then that's a mechanical fit.
MR. LALLY: Now, turning your attention to Item 7-5, you looked at those various pieces together, as well; is that correct?
MS. VALLIER: I believe so.
MR. LALLY: And were there any -- three pieces in total from 7-5? So "A," "B," and "C"; is that correct, as well?
MS. VALLIER: May I look at --
JUDGE CANNONE: Yes.
MS. VALLIER: Yes.
BY MR. LALLY:
MR. LALLY: And what, if any, match did you find within Item 7-5.
MS. VALLIER: There were no mechanical fits amongst those three items or three pieces of the item.
MR. LALLY: And, with reference to Item 7-6, there were two pieces, "A" and "B," within that; is that correct?
MS. VALLIER: May I look?
JUDGE CANNONE: Sure.
MS. VALLIER: Yes.
BY MR. LALLY:
MR. LALLY: And were there any physical matches within those two pieces of Item 7-6?
MS. VALLIER: No.
MR. LALLY: Now, turning your attention to Item 7-8, do you recall how many pieces were contained within that?
MS. VALLIER: If I may look at my --
JUDGE CANNONE: Yes.
MS. VALLIER: There were 14 pieces.
BY MR. LALLY:
MR. LALLY: And, of those 14 pieces, they were each compared to each other; is that correct?
MS. VALLIER: Correct.
MR. LALLY: And what, if any, mechanical fit did you find between the pieces contained within 7-8?
MS. VALLIER: So Pieces "C" and "D" were found to fit together mechanically. And then Pieces "E" and "F" were found to fit together mechanically.
MR. YANNETTI: Your Honor, may we approach, please?
JUDGE CANNONE: You may.
(Whereupon, there was a sidebar conference as follows:)
MR. YANNETTI: Your Honor, I don't want to tell Mr. Lally how to try his case. However, we are ultimately not going to be objecting to the whole taillight being constructed by this witness, and they are going through every piece that fits with every other piece. So I'm just bringing it up at sidebar in case Mr. Lally chooses to streamline things. If he wants to continue to go through it in this fashion, obviously I can't prevent that. But I thought in the interest of time it was worth raising it.
JUDGE CANNONE: I am not going to tell you how to try your case, but I am going to tell you to quit leading. And, when you put something up on the screen, just say, what are we looking at. It takes far less time. Try and move things along, but I'm not going to tell you how to try your case other than the leading questions.
MR. LALLY: Sure.
MR. YANNETTI: Thank you, Your Honor.
JUDGE CANNONE: Okay.
(Whereupon, the sidebar conference concluded.)
BY MR. LALLY:
MR. LALLY: Mx. Vallier, turning your attention to Item 7-9, you analyzed three pieces from that; is that correct?
MS. VALLIER: May I --
JUDGE CANNONE: You may. Mx. Vallier, you can just look. Don't ask.
MS. VALLIER: I'm sorry. Can you repeat your question?
BY MR. LALLY:
MR. LALLY: Sure. How many pieces were contained again within Item 7-9?
MS. VALLIER: Three pieces. 7-9?
MR. LALLY: Yes.
MS. VALLIER: Three pieces.
MR. LALLY: And what, if any, physical matches did you find contained within that Item 7-9?
MS. VALLIER: There were no mechanical hits.
MR. LALLY: And with reference to 7-10, how many pieces?
MS. VALLIER: One piece.
MR. LALLY: And, with reference to Item 7-11, how many pieces contained within that?
MS. VALLIER: Six pieces.
MR. LALLY: And what, if any, physical matches did you find contained within 7-11?
MS. VALLIER: There were none.
MR. LALLY: In 7-11, how many different colors of pieces were contained within 7-11?
MS. VALLIER: There was black, red and colorless apparent plastic.
MR. LALLY: Now, with reference to Item 7-12, how many pieces were contained within that?
MS. VALLIER: There were 14 pieces.
MR. LALLY: And, of those pieces, again, how many different color or how many different colors or pieces were within 7-12?
MS. VALLIER: They were all colorless.
MR. LALLY: And, from those, what, if any, mechanical fits did you observe or did you find within Item 7-12?
MS. VALLIER: There were three. Do you want me to say all the pieces that fit together?
MR. LALLY: Please.
MS. VALLIER: Okay. So Pieces "B," "C," "D," "F" and "K" all fit together. Pieces "E" and "I" fit together, and pieces "M" and "A" fit together.
MR. LALLY: Now, turning your attention to Item 7-13, how many pieces were contained within Item 7-13?
MS. VALLIER: Three pieces.
MR. LALLY: And how many different colors of items were contained within 7-13?
MS. VALLIER: It was red and black apparent plastic.
MR. LALLY: How many matches did you find within Item 7- 13?
MS. VALLIER: There were none.
MR. LALLY: Turning your attention to Item 7-14, how many pieces were contained within that?
MS. VALLIER: There was one piece.
MR. LALLY: And what color was that one piece?
MS. VALLIER: It was colorless.
MR. LALLY: And turning your attention to Item 7-15, how many pieces were contained within that?
MS. VALLIER: There were eight pieces.
MR. LALLY: And, as far as those eight pieces, how many items were of different color and what color were they?
MS. VALLIER: They were red and colorless apparent plastic.
MR. LALLY: And, of those eight pieces, what, if any, mechanical fits did you find within them?
MS. VALLIER: So Piece "F" and Piece "H" were found to fit together.
MR. LALLY: Drawing your attention to Item 7-16, how many pieces were contained within 7-16?
MS. VALLIER: There were seven pieces.
MR. LALLY: And, of those seven pieces, what, if any, differences in color were the seven pieces within 7-16?
MS. VALLIER: It was red and colorless apparent plastic.
MR. LALLY: And, of those pieces, what, if any, mechanical fits did you find within 7-16?
MS. VALLIER: Pieces "A," "C" and "D" fit together mechanically.
MR. LALLY: Now, with reference to those pieces once you did those inspections or analysis from the individual items, what, if anything, did you do with those individual items with reference to the taillight housing?
MS. VALLIER: So before even comparing it to the taillight, I compared all of the questioned items to each other, so that's the 7-5 to 7-19, to see if any of those pieces would fit together. And, amongst those, I was able to make five larger pieces that I called Piece 1 through Piece 5.
MR. LALLY: And, of those larger pieces, which of those larger pieces were you able to mechanically sit together prior to comparing them to the taillight housing?
MS. VALLIER: I'm sorry. Can you --
MR. LALLY: Sure. From your analysis of those larger pieces and analyzing them together with other larger pieces, what, if any, opinions did you draw? What, if any, conclusions did you come to as far as your analysis of those pieces?
MS. VALLIER: So for the larger pieces amongst Item -- like the different items that fit together mechanically, I'd say that those items were once a part of the same unit.
MR. LALLY: And so I guess what I'm asking, Mx. Vallier, is with reference to, say, Item 7-6 or 7-5, of the items in and of themselves, which of those items, if any, were you able to find mechanically fit with each other?
MS. VALLIER: Amongst like -- are you asking me like which specific items made up like Piece 1?
MR. LALLY: Yes.
MS. VALLIER: Okay. So Piece 1 contained pieces from Item 7-5, 7-8, 7-10, 7-11, 7-13, 7-15 and 7-16.
MR. LALLY: And based on their mechanical fit, what, if any, conclusion did you draw in reference to those several items?
MS. VALLIER: That those specific pieces from all those items were at one time together as part of a larger unit.
MR. LALLY: And then what, if any, comparison or analysis did you do of items between Item 7-15 and Item 7-16?
MS. VALLIER: So pieces from Item 7-15 and 7-16 were part of Piece 1. I could look through my notes and see if they are a part of any of the other pieces that I fit together.
MR. LALLY: With the Court's permission.
JUDGE CANNONE: Okay.
MS. VALLIER: So Piece 2 consisted of pieces from Item 7-15 and 7-16.
BY MR. LALLY:
MR. LALLY: And then with reference to Item 7-6 and 7-11, what, if anything, did you observe between the pieces of those?
MS. VALLIER: So Piece 3 consisted of pieces from Item 7-6 and 7-11.
MR. LALLY: And, similar to what you had described before with 7-15 and 16 as far as them mechanically fitting together, and now I'm talking about 7-6 and 7-11, what, if any, conclusions did you draw in regard to that?
MS. VALLIER: That those pieces from Item 7-6 and Item 7-11 were at one time together as a larger unit.
MR. LALLY: And then, as far as Item 7-8, 7-9 and part of 7-16, what, if anything, were you able to do with reference to those?
MS. VALLIER: So Piece No. 4 consisted of pieces from Item 7-8, 7-9 and 7-16.
MR. LALLY: And, as far as mechanically fitting, those pieces together again, what, if any, conclusions did you come to in reference to those Items 7-8, 7-9 and 7-16?
MS. VALLIER: That those pieces from Item 7-8, 7-9 and 7-16 were at one time together as a larger unit.
MR. LALLY: Now, lastly, with reference to Item 7-12 and 7-14, what, if any, analysis did you do with reference to pieces from those items?
MS. VALLIER: I'm sorry. Which item?
MR. LALLY: 7-12 and 7-14.
MS. VALLIER: I have Item 7-11 and 7-12 that fit together for Piece No. 5.
MR. LALLY: Your Honor, may what's been marked as Exhibits 384 through 402, if I could ask to publish some of those to the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could have Photograph 2069.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, do you recognize what's up on the screen as now Exhibit 384?
MS. VALLIER: I do.
MR. LALLY: What are we looking at here?
MS. VALLIER: Within Item 7-16, those are pieces that mechanically fit together.
MR. LALLY: And, Ms. Gilman, if I could have 3096.
MR. LALLY: And, Mx. Vallier, do you recognize what's now been marked as Exhibit 386?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize that to be?
MS. VALLIER: That is what I called Piece 1. So a piece made up of apparent plastic pieces from many of the different items.
MR. LALLY: And, Ms. Gilman, if I could ask you to just zoom in a little on this so I can go back over it.
JUDGE CANNONE: What exhibit number is this, Mr. Lally?
MR. LALLY: Yes, Your Honor. This is 386.
BY MR. LALLY:
MR. LALLY: And from this sort of zoomed-in version of 386, Mx. Vallier, are you able to now see some of the stickers or the evidence stickers that you recorded labeling each of these pieces?
MS. VALLIER: Yes.
MR. LALLY: And, if you could, just using the laser pointer, just draw the jury's attention to where those would be in this photograph.
MS. VALLIER: So these labels right here are the labels I put on each piece individually when I initially examine it. So all the little white labels.
MR. LALLY: And, Ms. Gilman, if I could have 2097.
MR. LALLY: Mx. Vallier, do you recognize what is up on the screen and what has now been marked as Exhibit 387?
MS. VALLIER: I do.
MR. LALLY: What do you recognize that to be?
MS. VALLIER: That is still Piece 1. It's just from a different angle.
MR. LALLY: Ms. Gilman, if I could have 2101?
MR. LALLY: And, Mx. Vallier, do you recognize what's up on the screen now that's been marked as Exhibit 390?
MS. VALLIER: I do.
MR. LALLY: What are we looking at here?
MS. VALLIER: That's still Piece 1 from another photo taken from another angle.
MR. LALLY: And, Ms. Gilman, if I could have 2103.
MR. LALLY: Mx. Vallier, do you recognize what's up on the screen, which is now marked as Exhibit 392?
MS. VALLIER: I do.
MR. LALLY: What are we looking at in Exhibit 397?
MS. VALLIER: That was another angle of Piece 1.
MR. LALLY: Ms. Gilman, if I could have Photograph 2107?
MR. LALLY: Mx. Vallier, do you recognize what's up on the screen which has now been marked as Exhibit 395?
MS. VALLIER: I do.
MR. LALLY: And what are we looking at in Exhibit 395?
MS. VALLIER: May I look at my notes?
JUDGE CANNONE: Sure.
MS. VALLIER: Okay. So that is Piece 2.
MR. LALLY: And, Ms. Gilman, if I could have 2110. Ms. Gilman, if you could just zoom ina little bit on the stickers on this photograph?
BY MR. LALLY:
MR. LALLY: And, Mx. Vallier, do you recognize what's up on the screen which has now been marked as Exhibit 398?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize that to be?
MS. VALLIER: That is Piece 3.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 2111. And, Ms. Gilman, if you could zoom in toward the stickers a little.
MR. LALLY: Mx. Vallier, do you recognize what's up on the screen which has now been marked as Exhibit 399?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize that to be?
MS. VALLIER: That is Piece 4.
MR. LALLY: And, Ms. Gilman, if I could have Photograph 2113. Again, if you could zoom in just a little. Thank you.
MR. LALLY: Mx. Vallier, do you recognize what's up on the screen now that's been marked as Exhibit 401?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize that to be?
MS. VALLIER: That is Piece 5.
MR. LALLY: Thank you. Your Honor, may I approach?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, earlier I had put before you another 23 photographs. Do you recognize what's depicted in those 23 photographs?
MS. VALLIER: I do.
MR. LALLY: What do you recognize that to be?
MS. VALLIER: That's comparisons between Item 3-1 and Piece l.
MR. LALLY: And Item 3-1, again, was the taillight; is that correct?
MS. VALLIER: Correct.
JUDGE CANNONE: Your Honor, the Commonwealth would seek to introduce and admit as the next exhibits.
MR. YANNETTI: No objection, Your Honor.
(Whereupon, photographs were entered and marked Exhibits No. 403 through 434 in Evidence.)
COURT REPORTER: Exhibits 403 through 434, Your Honor.
JUDGE CANNONE: Thank you.
MR. LALLY: Your Honor, with the Court's permission, if I may publish some of these photographs for the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could have Photograph 2156.
BY MR. LALLY:
MR. LALLY: Mx. Vallier, do you recognize what's now up on the screen that's been marked as Exhibit 403?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize that to be?
MS. VALLIER: That is one of the photos comparing Item 3-1 and Piece l.
MR. LALLY: Ms. Gilman, if I could have Photograph 2125.
MR. LALLY: Mx. Vallier, do you recognize what's on the screen which has now been marked as Exhibit 411?
MS. VALLIER: I do.
MR. LALLY: And what do you recognize that to be?
MS. VALLIER: That is the contents of Item 3-1.
MR. LALLY: And that's prior to you -- at what stage of this analysis or comparison process is that?
MS. VALLIER: So that's when I initially looked at Item 3-1.
MR. LALLY: Your Honor, if I may have a moment?
JUDGE CANNONE: Yes.
MR. LALLY: Ms. Gilman, if I could have Photograph 2150.
MR. LALLY: And, Mx. Vallier, do you recognize what's up on the screen which has been marked as Exhibit 431?
MS. VALLIER: I do.
MR. LALLY: And what are we looking at in 431?
MS. VALLIER: So on the left is Item 3-1, Piece "A." And then on the right is Piece l.
MR. LALLY: And, Ms. Gilman, if I could have 2151.
MR. LALLY: Mx. Vallier, do you recognize what's up on the screen which has now been marked as Exhibit 432?
MS. VALLIER: I do.
MR. LALLY: What are we looking at in 432?
MS. VALLIER: That is Piece 1 on top of Item 3-1, mechanical fit.
MR. LALLY: Is that the mechanical fit that you were talking about earlier in your testimony?
MS. VALLIER: Yes.
MR. LALLY: So, Mx. Vallier, in reference to those items that you testified to earlier in Item 3-1, the taillight housing, what, if any, conclusions regarding those items as far as a physical match, what, if any, conclusions did you come to?
MS. VALLIER: That Item 3-1 and the pieces that make up Item -- or the pieces that make up Piece 1 were at one time together as a larger unit.
MR. LALLY: Thank you very much. I have no further questions.
MR. YANNETTI: May we approach, Your Honor?
JUDGE CANNONE: Yes. Jurors, feel free to stand up.
(Whereupon, there was a sidebar conference as follows:)
MR. YANNETTI: Your Honor, I want this to go as smoothly as possible. I have photographs that I ultimately will be displaying to the jury. Nine of them, I believe, are in evidence. Two are not. The ones that are not are the front evidence bags of some of the exhibits that were mentioned by Mr. Lally. I've alerted them of what I want to introduce.
JUDGE CANNONE: Do you have any objection?
MR. LALLY: No. I think they should all be entered.
JUDGE CANNONE: I can't hear you.
MR. LALLY: I'm sorry. I don't have any objection. I think they should all be in evidence. No objection.
JUDGE CANNONE: Do you think they are in evidence?
MR. LALLY: That was my intention, was to put a photograph of each of the evidence bags in. But, if they are not --
MR. YANNETTI: I think what he did --
JUDGE CANNONE: No. That's okay. You don't think they are.
MR. YANNETTI: I don't think they are.
JUDGE CANNONE: And you can't tell me where they are.
MR. YANNETTI: I can't. I mean, with regard to the court reporter, I have my own internal numbering system. If we could put the exhibit sticker over my writing, is that okay?
COURT REPORTER: Yes.
MR. YANNETTI: Terrific. That's it.
JUDGE CANNONE: Okay.
MR. YANNETTI: Thank you, Your Honor.
JUDGE CANNONE: We will get this witness out of here. I promised the judge --
MR. YANNETTI: I don't have more than -- I mean, I don't think I'll be 30 minutes.
JUDGE CANNONE: Okay.
(Whereupon, the sidebar conference concluded.)