Maureen Hartnett - Cross (Part 1)

MR. ALESSI: Your honor, may I approach?

MR. ALESSI: Thank you, your honor. Pursuant to a stipulation with the Commonwealth, we have stipulated into evidence various documents. So, what I'd like, with your honor's permission, is for the clerk to have them marked as next in order, and then I'll proceed.

MR. ALESSI: Separate.

MR. ALESSI: There is one more exhibit that we have pursuant to the stipulation.

MR. ALESSI: And, your honor, if I could just show Mr. Brennan this to make this more efficient for the last one. Thank you, your honor. Thank you for that opportunity, your honor. And if I could, please, I'll leave these here. These are all going to be published with your honor's permission, but obviously the witness is going to need them perhaps. So you can put them right on the witness. Thank you. And lastly, may I approach to hand these to the witness?

MR. ALESSI: Good afternoon, Miss Hartnett.

MR. ALESSI: Is it acceptable to you for me to refer to you as Miss Hartnett?

MR. ALESSI: Thank you. You were dispatched to the Sallyport at the Canton Police Department on February 1st, 2022 by former Massachusetts state trooper Michael Proctor. Correct.

MR. ALESSI: You understood at that time that Michael Proctor was the lead detective, the person who was in control of the investigation.

MR. ALESSI: While you were there, one of the things that you did initially was to conduct an overview of the vehicle. The vehicle meaning the black Lexus SUV that you talked about extensively on direct. Correct?

MR. ALESSI: That was important to you, given the limited information that you had at the time about what was contended to be a potential motor vehicle pedestrian incident. Correct?

MR. ALESSI: So you were looking for anything possible that would rise to the level of investigative concern regarding that vehicle. Correct?

MR. ALESSI: And you're familiar with the parlance of investigative concern, right?

MR. ALESSI: And that's why you noted various items. For example, scratches on the vehicle.

MR. ALESSI: You didn't draw any conclusions as to where those scratches came from, though, did you?

MR. ALESSI: The dent that you noted and photographed that you discussed on your direct examination. You likewise made no conclusion as to the source or cause of that dent. Correct?

MR. ALESSI: And you did therefore not make any or draw any conclusions as to whether that dent was caused by any motor vehicle or pedestrian accident. Correct?

MR. ALESSI: You're a forensic scientist 2 for the Massachusetts State Police Department, as I understand it.

MR. ALESSI: With regard to the tail light that you spoke about rather extensively on your direct examination. You likewise were not able to, and you make no conclusions as to the cause of that broken tail light. Correct?

MR. ALESSI: And you draw therefore no conclusions with regard to whether that tail light became in the condition that was discussed on direct examination pursuant to any alleged motor vehicle pedestrian incident. Correct?

MR. ALESSI: The dent, the scratches, the broken tail light on the Lexus — to your knowledge as you sit here today, could have existed before February 1st, 2022, when you went to the Sallyport. Correct?

MR. ALESSI: And to your knowledge, the dent, the scratches, the broken tail light could have existed before January 29th of 2022. Correct?

MR. ALESSI: You also looked for, as you stated, tissue, blood, biological material, and things of that nature on the vehicle. Correct?

MR. ALESSI: In that inspection of the vehicle, you didn't see any visible stains or tissue on the vehicle, did you?

MR. ALESSI: You were told, Miss Hartnett, that there were wounds on the right arm of Mr. O'Keefe. Correct?

MR. ALESSI: And at the time you went to the Sallyport on February 1st of 2022, you were not shown a photograph by anybody of the wounds on the right arm of Mr. O'Keefe, were you?

MR. ALESSI: However, you've seen since then a photograph of the right arm of Mr. O'Keefe and the wounds on that right arm. Correct?

MR. ALESSI: With your honor's permission, if I could publish exhibit one in evidence.

MR. ALESSI: Thank you, Mr. Woll. Miss Hartnett, I'd ask you to take a look at that. And you recognize what's depicted in that exhibit one. Correct?

MR. ALESSI: And you've seen that pattern of wounds on the right arm as depicted in a photograph of the decedent before. Correct?

MR. ALESSI: You cannot state whether the wounds on the right arm as depicted in exhibit one are from a motor vehicle. Can you?

MR. ALESSI: So the answer is you cannot and do not make any conclusions with regard to the source of the wounds on the right arm of Mr. O'Keefe as depicted in that exhibit one. Correct?

MR. ALESSI: And you're also not able to state whether you observed anything on the vehicle— Miss Gilman, can we put the—

MR. ALESSI: I'm not yet, your honor, but I will let the court know. It'll be shortly.

MR. ALESSI: And you cannot state that you observed anything on the SUV that would cause the wounds on the right arm of Mr. O'Keefe as depicted in exhibit one. Correct?

MR. ALESSI: So, the answer to that question is no. You cannot state that you observed anything on the vehicle that would cause those wounds to the right arm of Mr. O'Keefe.

MR. ALESSI: We can now take that down, your honor. Thank you. Did you look toward the top of the lift gate of the Lexus vehicle when you were at the Sallyport at the Canton Police Department on February 1st of 2022?

MR. ALESSI: Exterior.

MR. ALESSI: So as you sit here today, there is nothing notable with regard to that area of the vehicle. Correct?

MR. ALESSI: And as you sit here today, there's nothing you're recalling that is notable about the top part above around the lift gate of the back of the SUV. Correct?

MR. ALESSI: Did anyone ask you to examine that area?

MR. ALESSI: Do you understand what I will refer to as the undercarriage of the vehicle?

MR. ALESSI: And what — just for the jury's better understanding — what are you referring to when you refer to the undercarriage of the vehicle? I know it may be common sense, but just to be clear.

MR. ALESSI: So, if we're talking about the back of the vehicle and if we go sort of top to bottom — top, we were talking about above the lift gate, going all the way down, and then go to the bumper, and then go under the bumper and where it curls under the bumper. Then what's under the bumper and then underneath and a little more toward the front. Is that what you're referring to as the undercarriage?

MR. ALESSI: Right. So the undercarriage is not merely from the back, but it's underneath all the way toward the front of the vehicle. Correct?

MR. ALESSI: I'm sorry, I didn't mean to cut you off. So all that area you refer to as the undercarriage.

MR. ALESSI: Did you notice anything of note in the undercarriage as you just described it of the vehicle?

MR. ALESSI: And as regards sampling that you discussed on your direct examination, did you take any samples of that undercarriage area of the vehicle?

MR. ALESSI: And is the reason you didn't collect anything because you didn't see anything of note that was worthy of collection?

MR. ALESSI: And what testing of that area did you perform?

MR. ALESSI: And what were the results of that testing, that screening testing?

MR. ALESSI: And negative for what?

MR. ALESSI: So on the entire undercarriage from where we started in the very back all the way underneath all the way up to the front, the screening test came back negative for any blood or other biological material or anything else of note that would be part of that screening test.

MR. ALESSI: What I'd like to do now is to talk about sort of overall what we just discussed. So you discussed certain damage to the vehicle. You have no way — you had no way on February 1st and you have no way today — of knowing whether any or all of that damage was pre-existing before January 29th of 2022. Correct?

MR. ALESSI: So, it's possible that all the damage that you've discussed could have existed before January 29 of 2022?

MR. ALESSI: Are you aware of the odometer reading of the Lexus when it was in the Sallyport garage?

MR. ALESSI: If we showed you a document in evidence that would have the mileage on the odometer, might that refresh your recollection as to what the mileage was?

MR. ALESSI: Okay. So you were there with Trooper Clark on February 1st, correct?

MR. ALESSI: Are you aware of whether Trooper Clark observed and took a picture of the odometer? Are you aware of that?

MR. ALESSI: The mileage on the vehicle was of no interest to you in your inspection as a forensic scientist 2.

MR. ALESSI: But you do analyze damage, correct?

MR. ALESSI: But you performed a damage analysis on this vehicle, correct?

MR. ALESSI: So you observed damage on this vehicle, correct?

MR. ALESSI: But although you observe damage for your role, your position is that the mileage is not of interest regarding your role. If I got that correct?

MR. ALESSI: Moving on to another category. You spoke on direct examination about solo cups — six solo cups — and there were depictions put on the screen. Do you recall that?

MR. ALESSI: So on February 1st, in addition to taking some swabs from the vehicle, you also mentioned that you took swabs of — as I would call it — frozen red-brown stains located inside the red solo cups.

MR. ALESSI: Other than in this case, did you ever have to take swabs of red stained material from solo cups that people usually use for other purposes?

MR. ALESSI: So this is the first time you ever performed a collection like that.

MR. ALESSI: Have you ever taken a sample from a red solo cup since that February 1st?

MR. ALESSI: How many swabs did you take with regard to the red solo cups?

MR. ALESSI: How did you choose which of the six solo cups you were going to take from? And I understand you took two. Did you take two swabs?

MR. ALESSI: That was what I wanted to get at — you took two swabs, but they were from the same solo cup.

MR. ALESSI: Do you recall how you chose which solo cup you were going to take the swab from?

MR. ALESSI: Could that be of significance? Which one you chose and why?

MR. ALESSI: Did you confer with anybody as to what might be the best solo cup from which to take the swab?

MR. ALESSI: As a forensic scientist 2, you're aware that blood stains — and these red-brown stains here — could contain multiple contributors. Correct.

MR. ALESSI: What's a multiple contributor?

MR. ALESSI: Do you know which red-brown stains that are contended to be found at the scene relate to which solo cup in the bag that these solo cups were in?

MR. ALESSI: But you don't have personal knowledge of that, correct?

MR. ALESSI: If the swabs were taken from multiple stains, you would have no way of knowing whether the swabs were taken from the same stain. Correct.

MR. ALESSI: Sure. If the swabs were taken from multiple stains, you wouldn't know where the swabs in particular came from. So are you speaking of the — the swabs that I took? Yes.

MR. ALESSI: That information you just spoke about — was it put in any note that you read? Was it something that you had in your notes? Did anybody else convey that information to you at the Sallyport?

MR. ALESSI: So it was verbal information you got from —

MR. ALESSI: Did that person show you any note or chain of custody or other document to support his or her statement in that regard?

MR. ALESSI: Ultimately, once you did take those swabs from a single solo cup, what did you do with the rest of the evidence in the cup?

MR. ALESSI: So you left the rest of the brown stained blood evidence from the solo cups with the Canton PD. You didn't take it back with you to your lab.

MR. ALESSI: DNA testing was not done on those swabs, was it?

MR. ALESSI: No testing was done on those swabs.

MR. ALESSI: So as we all sit here today, there has been no confirmation of whose blood those swabs relate to.

MR. ALESSI: So therefore, we don't know any person or persons they might relate to.

MR. ALESSI: And thus, we don't know if there were multiple contributors to those stains.

MR. ALESSI: You testified that the remainder of the contents of the solo cup that you swabbed from, as well as the other five solo cups, were retained at the Canton Police Department before you left. And that investigation, as you said at the time, was being headed up by former Trooper Proctor. Correct.

MR. ALESSI: Michael Proctor was at the Canton Police Department Sallyport location at the time you were performing your work on February 1st. Correct.

MR. ALESSI: Did Michael Proctor take control of those solo cups?

MR. ALESSI: Might Michael Proctor have taken control of those solo cups?

MR. ALESSI: Why is it that you believe a Canton police officer had control over those cups rather than former Trooper Proctor?

MR. ALESSI: So therefore, after you presented them, you don't know who took control of those cups. Is that a fair conclusion?

MR. ALESSI: Sorry, I didn't mean to cut you off.

MR. ALESSI: My question probably wasn't all that clear. Ultimately during your work and inspection of the SUV, the right rear tail light housing was removed, as you testified to on direct examination. Correct.

MR. ALESSI: And you testified that a Canton police officer sort of helped you with the last stage of the removal of that tail light.

MR. ALESSI: Do you have a distinct recollection that that officer was wearing any special protective gloves?

MR. ALESSI: I'm sorry, I didn't hear your answer.

MR. ALESSI: You said you recently saw a video. When was that?

MR. ALESSI: Excuse me. And what were the circumstances under which you were reviewing a video?

MR. ALESSI: Did you testify to that on your direct and I missed it, or did it not come up?

MR. ALESSI: Okay, thank you. Now, back to the tail light. Mr. Woll, if we could have exhibit 145 published. [Exhibit displayed] With your honor's permission.

MR. ALESSI: Thank you. We have up on the screens — and I know you went through this on direct, so I'm going to shortcut it. This is the tail light at the lab that you were talking about on direct. Correct.

MR. ALESSI: And that's the tail light housing that you submitted to the lab that you had obtained from the Sallyport garage, right?

MR. ALESSI: Just to cover quickly some basics. There was one swab taken that you mentioned on direct of that tail light.

MR. ALESSI: And you testified — if I remember correctly on direct — well, it's better if you could, with a pointer, just show the areas you covered with that one swab.

MR. ALESSI: And if you could please just give a — I know it's not a circle, but whatever it is — just a full perimeter so the jury can see the entire area that you swabbed.

MR. ALESSI: Thank you very much. So I want to keep this up if I could, your honor, but we can have the lights back on if that's acceptable. Thank you. In terms of the swabbing, you did not swab any other area of that tail light. Correct. Including the area to the left of what you just drew a circle around. Correct.

MR. ALESSI: Let's just — you don't have to assume anything. My questions are just with regard to the inside of the tail light, because you've very nicely covered and talked about the outside of the tail light as you described it, where you swab. Now I want to go to the areas that you didn't swab. Whatever you best can do to describe the areas of the tail light that you did not swab. Okay. And if you could use the laser pointer if that helps you.

MR. ALESSI: And focusing on the — is it okay to call it the inside part of the tail light? Is that acceptable?

MR. ALESSI: So, the inside of the tail light, to be clear, you didn't swab that area.

MR. ALESSI: In terms of where you did swab, given that you swabbed with one swab the entire area, you are not able to say precisely where any DNA might have come from. Just that it would have been present — if there was DNA present on that swab, it would have come from the external exposed area of the tail light, should the tail light have been intact. But again, on the inside, because you didn't swab the inside, you had no evidence of DNA on the inside of the tail light. Correct.

MR. ALESSI: With regard to what we'll call the outside, where you did swab, as opposed to the inside where you didn't, you cannot define whether the DNA was to the upper right, to the outside of the tail light lens, or some other place in that area. Correct.

MR. ALESSI: You did not find any glass on the inside of the tail light.

MR. ALESSI: Any kind of glass at all?

MR. ALESSI: I'm speaking — thank you for that answer. I'm speaking specifically about glass. You didn't find any glass on the inside of that tail light when you were at the Sallyport for your entire inspection on February 1st, 2022.

MR. ALESSI: So using your term "inherent," you mean by that something could have been on the inside of that tail light that was part of the tail light that could have been glass, but other than that there's no — what scientists call exogenous, or outside glass, or glass that doesn't belong as part of the tail light. Correct.

MR. ALESSI: I understand. My question is a basic one. Which is, you found no glass that would not be — let me strike that. Did you ever observe in this tail light any glass that's part of the tail light? Anything glass that you observe?

MR. ALESSI: Okay. So, last part of the questioning — you didn't make any note that said you found glass inside of that tail light.

MR. ALESSI: And to wrap this part up and then we can move on from this item. You didn't find any DNA on the

MR. ALESSI: To your knowledge as you sit here today, is there any information from anybody that says that there's any DNA in that [unintelligible]?

MR. ALESSI: Thank you. So what I want to do now is, if we can take that down, Mr. Woll, I want to move on to what is sometimes referred to as touch DNA. I know you're familiar with that concept, right, Miss Hartnett?

MR. ALESSI: And what is — for the jurors' understanding, what is touch DNA?

MR. ALESSI: So if I — is this a fair example, that if I walk by the podium and brush my hand against it like that, I could very well leave touch DNA on that podium?

MR. ALESSI: Thank you, your honor. So, is it possible for me, as I'm sitting here talking, based upon your knowledge, to leave touch DNA on this podium?

MR. ALESSI: Thank you, your honor.

MR. ALESSI: So do hands, palms of hands, produce skin cells?

MR. ALESSI: If a hand is on, for example, a podium, can there be a transfer of skin cells to the podium?

MR. ALESSI: And therefore, can the hands on a podium that have skin cells transfer DNA?

MR. ALESSI: You also indicated that you collected apparent glass from the rear bumper of the Lexus. Correct.

MR. ALESSI: And when you use the term "apparent glass," as I understand forensic science, because at the time you're not really sure what it is, right? So you use the word "apparent glass" and you can't take away the "apparent" until there's a confirmation that it is glass.

MR. ALESSI: And on your direct examination, you went through a discussion — so I'm going to shortcut it a little bit — about apparent glass that you located on the rear bumper of the vehicle.

MR. ALESSI: Your honor, with your permission, can we publish exhibit 141, which is in evidence?

MR. ALESSI: Thank you, Mr. Woll. Miss Hartnett, I'm showing you what is exhibit 141 in evidence. And I know you know this and I know it's been discussed. Could you just give a brief summary of what is depicted in exhibit 141?

MR. ALESSI: And you remember discussing this on your direct examination?

MR. ALESSI: Now, I just want to cover some basics with regard to things that weren't covered on the direct examination. You're a specially trained person and that's how you get your forensic scientist title. Correct.

MR. ALESSI: Correct. That is one of the reasons. And if those protocols aren't followed, then that can lead to incorrect conclusions.

MR. ALESSI: And certainly at a minimum, it increases the risk for an incorrect conclusion or observation. Correct.

MR. ALESSI: I assume it's therefore important to you that the protocols are followed, so that the best result and the best collection and therefore the best analysis occurs. Correct.

MR. ALESSI: Is the quantity of the material you observe and collect also relevant — perhaps not to you but to other persons in the investigation?

MR. ALESSI: And therefore it's important not only to get the type of material correct but to get the quantity correct in some instances.

MR. ALESSI: And with regard to your work on this vehicle on February 1st — do you recall discussing the collection, the observations you made with regard to the rear bumper?

MR. ALESSI: On direct examination, you talked about glass on the rear bumper. Correct.

MR. ALESSI: You talked about what you observed. You talked about what you put a sticker on. You talked about what you collected. You talked about the transport of it. Correct.

MR. ALESSI: And you put it in your notes and you talked about it on direct

MR. ALESSI: Correct. And therefore it's important for you to have made correct observations and to make correct collection.

MR. ALESSI: Correct. With your honor's permission, if we could publish exhibit 133. If I could have a moment with Mr. Woll just to do this efficiently, your honor. Thank you. Mr. Woll, with your honor's permission, if Mr. Woll, you could zoom in on the stickers, right? So, Miss Hartnett, on your direct examination, you stated that there were two stickers and that there were therefore glass associated with each sticker. Correct?

MR. ALESSI: So, two stickers and glass associated with each sticker.

MR. ALESSI: Correct. In fact, there's only one sticker and the second sticker is merely a reflection of the first sticker. And therefore you have doubled the stickers and you've doubled the amount of glass on the bumper. Can you see that? Can you determine that from the photo?

MR. ALESSI: Yes. Okay. So, if we could, your honor, with your permission, go to exhibit 133. Correct. You asked to see this one. Can you now make a determination, having seen both of them, whether there is in fact just one sticker and therefore one volume of glass associated with it?

MR. ALESSI: You're saying this is a reflection. I can't testify, so I'm asking you. With your honor's permission, if we could go back to the other picture. Okay. And if you could zoom in. Do you see a reverse B in that picture?

MR. ALESSI: No. Could you zoom in on each of the stickers for me, please? We'll do whatever you would like to do to answer the questions. So, sure. Okay. And then if I could just see the other sticker, please. Absolutely. Yes. I believe that is a reverse B. Correct. And doesn't that mean that it's a mirror reflection and that there's only one sticker that you put on and therefore only one volume of glass associated with one sticker?

MR. ALESSI: I will stay by the microphone. Is this microphone — yes — picking up. So therefore, can you now conclude, because of the reflection and because of the reverse B, that there is only in actuality — and there was only in actuality — one sticker and one B and therefore one volume of glass associated with this bumper?

MR. ALESSI: So from what we just went through, you're not able to tell that that is a reflection and therefore a duplication. Is that correct?

MR. ALESSI: Do you have any doubt whether there is a reflection on the photo that is on the screen at this moment? Do you have any doubt?

MR. ALESSI: Right. So, you have doubt.

MR. ALESSI: So you — you believe it's a possibility.

MR. ALESSI: Correct. Is it more than a possibility?

MR. ALESSI: You would agree that it's important to have the accurate answer to that question.

MR. ALESSI: So with regard to what others might do and conclude from that, it could be important to them.

MR. ALESSI: Okay. Let's go to — we can go back to the — none of these pieces of apparent glass were embedded in the bumper. Correct.

MR. ALESSI: So by not being embedded in and just resting on the bumper, you therefore did not make a notation that they were embedded in your notes. You just put that they were on the bumper.

MR. ALESSI: And sort of as we're elaborating here, you're elaborating. They were just — as your words — they were just resting on the bumper.

MR. ALESSI: If we could — if I may confer with Mr. Woll on the video. Thank you. Do you need the lights on to do it? Ten seconds. Thank you for that opportunity, your honor. If we could go to exhibit 124, Mr. Woll, and with your honor's permission, if we could publish it. Miss Hartnett, there had been various weather before February 1st in the area. Is that correct? You testified to that somewhat on direct examination.

MR. ALESSI: And are you able to discern from what is on the screen now that there is some type of precipitation that is on the back window of the lift gate of the vehicle?

MR. ALESSI: And is that consistent with what you observed when you were in the Sally Port on February 1st?

MR. ALESSI: But does this refresh your recollection as to whether there was in fact that precipitation on the vehicle at that time?

MR. ALESSI: And does this depiction refresh your recollection on that point?

MR. ALESSI: Is there a date of January 29th, 2022 on that photo? We can enlarge it if that would help. And again, this is in evidence. Do you see what is at the bottom of the photo?

MR. ALESSI: Now, if we could play — with your honor's permission — this video, and if we could stop it at certain points, Mr. Woll, that would be helpful. May we, your honor.

MR. ALESSI: If you could wait, Mr. Woll, until the sirens pass. Mr. Woll, if you can go back just and wait until the sirens pass, please. Thank you. I think they passed. If you could accelerate it just a little bit, Mr. Woll, without overly accelerating all that's happening. And accelerate it a little bit more. And that's good. And if you could bring — yes. Thank you. We could have the lights on and take that down, please. Can you describe what you just saw?

MR. ALESSI: And where was it falling onto?

MR. ALESSI: And did it hit anything before the ground? For example, did it hit the bumper before it hit the ground?

MR. ALESSI: That was on January 29th, 2022. You were at the Sally Port on February 1st, 2022. Correct.

MR. ALESSI: So that occurs on January 29. You come to this Sally Port on February 1st. Yet there is glass on the bumper on February 1st that — as you have described it — is just perched on the bumper. Correct.

MR. ALESSI: Do you know generally where Dighton, Massachusetts is?

MR. ALESSI: How do you know where — and you obviously know where Canton is?

MR. ALESSI: How far away would you say Dighton is from Canton?

MR. ALESSI: And therefore roughly, if someone were to go the speed limit, around 30 minutes away.

MR. ALESSI: Just generally — your notes indicate that the vehicle was recovered from Dighton — the one we've been talking about, the Lexus — and towed back to Canton and placed in the Sally Port garage at the Canton PD before you started your examination. Correct.

MR. ALESSI: And you were made aware before your inspection or examination on — January — excuse me — on February 1st of 2022, that the alleged incident in this case took place in Canton. Correct.

MR. ALESSI: So, you knew — you were looking at this vehicle and doing your examination — that the vehicle, by definition as to what we had just covered, went from Canton to Dighton and then towed back from Dighton back to Canton. Correct.

MR. ALESSI: So it ends up back in Canton after that journey. Correct.

MR. ALESSI: Correct. So, as I understand your notes, the glass pieces that were just perched on the bumper would have traveled about 60 miles before you saw them. Is that what you're saying?

MR. ALESSI: Well, when do you believe the glass appeared on the bumper? If you know.

MR. ALESSI: So, you believe it's possible that the apparent glass appeared on the bumper after January 29, 2022?

MR. ALESSI: Do you know the weather conditions that were in the area? We talked about it earlier. You talked about it on direct in the general time of January 29th of 2022.

MR. ALESSI: Do you know when the vehicle took its journey that we talked about — Canton, Dighton, back to Canton? Do you know what day that occurred?

MR. ALESSI: Would it have — let's assume it was on January 29th.

MR. ALESSI: For purposes of my questioning, do you know what the weather was, including wind speed, on January 29th?

MR. ALESSI: Sorry — you knew generally but not specifically.

MR. ALESSI: Correct. Your honor, with the court's permission, I'd like to publish exhibit 60 in evidence.

MR. ALESSI: And if you could go through to the top, Mr. Woll, of the title first. If you could go before that to the very top title in the center so Miss Hartnett can see what the —

MR. ALESSI: And then if you could now go down to the part of the document that would show the date and then go from left to right for Miss Hartnett please and the jury, and show which column — go up above what the 29 relates to. And if you can now proceed to the yellow line and go over to and hit the relevant categories. Thank you. So we have a 15.7. If you could now go up vertically as to what that number relates to, and can you highlight what it relates to — and if you could now go down to and go up above — just above the average — to yellow highlight what's above the column up above average speed. Yes. Okay. If you can now go down to the respective columns at the bottom for January 29th. Do you see those two numbers, Miss Hartnett?

MR. ALESSI: Does that refresh your recollection at all about the average wind speed and gusts of wind that were occurring on January 29th of 2022?

MR. ALESSI: So, if we could go back — Mr. Woll — the exhibit with regard to glass on the bumper of the vehicle. So these are your observations on February 1st, and we've talked about the journey that the vehicle went on. You talked generally about the weather. It's cold. So —

MR. ALESSI: I understand. Understood, your honor. Thank you. In your experience as a forensic scientist two, is it possible for glass that is perched on a bumper to travel 60 miles and be subject to average wind speeds of 15.7 and still remain on the bumper?

MR. ALESSI: Understood. Have you ever had experience with analyzing glass on any surface — an outdoor surface — and correlating that glass to weather conditions to make a determination as to the likelihood that glass could or could not be in a certain place on a certain date and time? Have you ever done it?

MR. ALESSI: Based upon what you know about this case — just based upon what you know, and from your role as a forensic scientist two only — do you believe that information would be relevant to your role as a forensic scientist two?

MR. ALESSI: How did you recover the glass? What tool did you use to recover the glass on the bumper?

MR. ALESSI: How difficult or easy was it for you to take the glass off that bumper with — did you say tweezers?

MR. ALESSI: How hard or easy was it for you to remove those pieces of glass with tweezers?

MR. ALESSI: So, it was easy.

MR. ALESSI: Correct. You can take that down, Mr. Woll. Thank you. Moving on to another category. Miss Hartnett, you testified on direct examination that you located an apparent hair on the rear right quarter panel of the vehicle. Correct?

MR. ALESSI: And again, we say apparent hair for the reasons we've discussed. You didn't know at the time, so you use the word apparent, and you don't take away the apparent until testing confirms it's hair. Correct.

MR. ALESSI: So, the apparent hair was not sitting on the horizontal bumper, but it was on a vertical portion of the panel. Is that correct?

MR. ALESSI: And that's the quarter panel, right?

MR. ALESSI: And that's a smooth surface, right?

MR. ALESSI: That hair wasn't secured to that panel, was it?

MR. ALESSI: Correct. It wasn't taped.

MR. ALESSI: It wasn't glued. It wasn't stapled.

MR. ALESSI: No, it was not. You found this apparent hair at the same time you found the glass pieces on the bumper. Correct?

MR. ALESSI: Yes, that's correct. When you say same general time, it was just one day you were there. Correct.

MR. ALESSI: The range of time wasn't that broad, was it?

MR. ALESSI: What was the range of time between finding one versus the other?

MR. ALESSI: So within that time period — within just two hours — you found the pieces of glass and the apparent hair. And within that time, you did your examination, you made your notes — all of that done within just two hours.

MR. ALESSI: You remember the journey we talked about of the vehicle — you spoke about with regard to Canton, Dighton, Canton? You recall that?

MR. ALESSI: Do you have any knowledge whether that hair was part of that journey? Do you have any knowledge?

MR. ALESSI: Do you know when the hair was deposited on the vehicle?

MR. ALESSI: Was it easy or hard to take off the apparent hair from that quarter panel?

MR. ALESSI: Didn't give you any resistance?

MR. ALESSI: With your honor's permission, I would like us to look at a depiction of the hair. May I, your honor — what exhibit number is it?

MR. ALESSI: Okay. And if you could zoom in, please, Mr. Woll, for the jury and for Miss Hartnett. Do you still have a laser pointer, Miss Hartnett?

MR. ALESSI: Could you kindly use that and draw a circle around the apparent hair?

MR. ALESSI: Thank you. I'm going to refer to that as a J-shape. Is that a fair description of it or do you have a better description of it?

MR. ALESSI: Okay. So, you would refer to that as a C-shape. Correct. And would that be a reverse C then if it's a C-shape?

MR. ALESSI: Because what I'm going to do — just, it's not a trick here — but I'm just going to show you another picture of it, of that hair, that might be in a different location or different shape. So, I want to give a contrast. Whatever term you want to use that's fair to you.

MR. ALESSI: Can you once again — just so we're clear and the jury's clear — just draw a circle around what you're talking about and we won't give it a name, right? We'll just do the contrast, right?

MR. ALESSI: So, if I were to just say there looks like there might be a little hook at the top and then there's a vertical line. Is that a fair description?

MR. ALESSI: Okay. So, can we go with that? A little hook at the top and then a straight line — that vertical line that comes down.

MR. ALESSI: And that hook is orienting left —

MR. ALESSI: — of the vertical line. It's to the left of the vertical line.

MR. ALESSI: That's okay. Very good. And that's the apparent hair.

MR. ALESSI: And you only saw or found one apparent hair. Correct.

MR. ALESSI: All right. If we could, Mr. Woll, now go to exhibit 144A. And if you could zoom in on that for Miss Hartnett and the jury's benefit. Could you draw a circle now around the apparent hair?

MR. ALESSI: Thank you. And isn't that apparent hair now oriented almost 180° the opposite, with the hook orienting right?

MR. ALESSI: Sure. How do you know they were taken from different angles? Did you take the picture?

MR. ALESSI: Are you speculating that it's taken from a different angle?

MR. ALESSI: Absolutely.

MR. ALESSI: Would that be helpful to you answering questions?

MR. ALESSI: Thank you. Maybe we zoom in for each one so we get it. Would that be helpful? We zoom and get a side-by-side.

MR. ALESSI: Well, let's start with the overall first that you would like and then we can —

MR. ALESSI: Is that where you wanted to start?

MR. ALESSI: Yes. Just by looking at those, to me it looks like one is from slightly to the side of the vehicle and one is more directly head-on. Right.

MR. ALESSI: Correct. It's still the same from top to bottom. It's still the same from side to side. It's the same orientation.

MR. ALESSI: The vehicle didn't move, but the camera angle is slightly different in both pictures. That was — that's what I was seeing in the other one.

MR. ALESSI: Correct. You see the 570?

MR. ALESSI: On the left and you see the 570 on the right.

MR. ALESSI: They're the same orientation, right?

MR. ALESSI: I want to make sure you finish, but if you could just— My questions are rather narrow.

MR. ALESSI: And then if you need more time to answer them, I'm happy to do that. So, let's just ask a question.

MR. ALESSI: Thank you, Ron. So, isn't the 570 in each picture oriented the exact same way?

MR. ALESSI: They're the same. You can read the 570 horizontally. It's the same horizontal plane.

MR. ALESSI: It's the same straight across. Like one doesn't have the 570 upside down. You can read it from left to right. A five, a seven, and a zero.

MR. ALESSI: Thank you. Now, if we can— uh, Mr. Woll— now, zoom in and get the largest depiction of each one. Are you saying the difference in how that hair appears is from a different camera angle?

MR. ALESSI: Is it possible that the hair moved when someone took a photograph? Can you answer that question?

MR. ALESSI: In your experience, you've taken samples many, many times of apparent hair.

MR. ALESSI: Have you taken samples such as that?

MR. ALESSI: Has it ever happened that when you're taking a sample, the photographer or someone breathes on it— —and the apparent hair moves? Does that ever happen?

MR. ALESSI: And is it correct that you're speculating as to what could be causing this difference? Are you speculating?

MR. ALESSI: Mr. Woll, your honor, with the court's permission.

MR. ALESSI: Thank you. Thank you for your patience, Miss Hartnett. Do you have any explanation that you're certain of with regard to those two depictions?

MR. ALESSI: The two depictions that are up on the screen.

MR. ALESSI: Of those two depictions that you're certain of—

MR. ALESSI: Thank you.