Trial 2 Transcript Maureen Hartnett
Trial 2 / Day 16 / May 15, 2025
5 pages · 2 witnesses · 1,732 lines
Forensic scientist Hartnett's clothing evidence concessions close out her testimony, then medical examiner Scordi-Bello faces a methodical cross-examination challenging both her hypothermia finding and the absence of lower-extremity vehicle-strike injuries.
1 39:07

COURT CLERK: Hear ye, hear ye, all persons having any business before the Honorable Beverly Cannone, Justice of the Norfolk Superior Court and for the county of Norfolk. Draw near. Give your attendance and you shall be heard. God save the Commonwealth of Massachusetts. This court is now open.

2 39:16

JUDGE CANNONE: You may be seated. Good morning again, counsel. Good morning again, Miss Read. Good morning, jurors. We thank you for your patience once again. We worked out something here this morning rather than having you watch us over at sidebar. So, we appreciate your patience. I do have to ask you those questions. Were you able to follow the instructions and refrain from discussing this case with anyone since we left yesterday? Everyone said yes or no affirmatively. Were you also able to follow the instructions and refrain from doing any independent research or investigation into this case? Everyone said yes or no affirmatively. Did anyone happen to see, hear, or read anything about this case since we left yesterday? Everyone said no. Thank you. May we have Miss Hartnett, please.

3 39:43

JUDGE CANNONE: I'll remind you you're still under oath.

4 39:57

MS. HARTNETT: Yes. Thank you.

5 40:03

JUDGE CANNONE: Good morning. Good morning. Go right ahead, Mr. Alessi.

6 40:22

MR. ALESSI: Thank you, your honor. Good morning, Miss Hartnett, and welcome back this morning.

7 40:48

MS. HARTNETT: Good morning.

8 40:53

MR. ALESSI: Your honor, if I could please have exhibit 145 that is in evidence published, Mr. Woll. Miss Hartnett, you will recall discussion about the tail light from the Lexus that was discussed on both direct and cross-examination yesterday.

9 41:10
10 41:10

MR. ALESSI: And you recall the discussion with regard to the weather that was in existence on or about January 29th. I'm not going to go into it at all. I just want to sort of refresh and reorient to where we were on that topic. You recall that?

11 41:32
12 41:32

MR. ALESSI: And I am now going to reference specifically what you referred to yesterday I believe as the inner part of the tail light, sometimes the inside of the tail light. Do I have that parlance correctly?

13 41:49

MS. HARTNETT: Yes, that's correct.

14 41:51

MR. ALESSI: Thank you. So, my question is, did you find any sand or salt or any other debris in the inside portion of that tail light?

15 42:11

MS. HARTNETT: No, I did not.

16 42:14

MR. ALESSI: Now, you can take that down. Thank you, Mr. Woll. You recall discussion about shards of tail light. Do you recall that discussion at all in your testimony?

17 42:36

MS. HARTNETT: No, I'm sorry. I do not.

18 42:41

MR. ALESSI: Okay. I wasn't certain whether we had that parlance. So my question is, to your knowledge was there any testing of any tail light alleged to have been found at 34 Fairview Road for biological material?

19 43:09

MS. HARTNETT: No, there was not.

20 43:13

MR. ALESSI: And could you just please state what your definition is of inclusion when you refer to biological material.

21 43:23

MS. HARTNETT: Those items were not processed in the criminalistics unit for any type of biological, meaning they would not be tested for blood, semen, saliva, or a skin cell collection.

22 43:39

MR. ALESSI: I'm sorry, I missed the last part.

23 43:43

MS. HARTNETT: Or a skin cell collection.

24 43:46

MR. ALESSI: Now turning and changing topics. There was a t-shirt and a hoodie of the defendant. Do you recall that?

25 43:57

MS. HARTNETT: Yes, I do.

26 43:59

MR. ALESSI: And are you okay with my parlance of t-shirt — the yellow or orange t-shirt on the one hand and then the gray hoodie sweatshirt? Is that an acceptable parlance for you?

27 44:19
28 44:20

MR. ALESSI: So, with regard to those two items, your honor, if I could have published what is already in evidence, exhibit 151 and 150. And Mr. Woll, if we could please put those side by side. All righty. So, is it correct that what's on the left is the right sleeve of what we refer to as the hoodie and on the right is the — what color would you like to call that t-shirt?

29 45:06

MS. HARTNETT: Orange, please.

30 45:06

MR. ALESSI: All right. So, the orange t-shirt — is that what we're looking at up on the screen?

31 45:15
32 45:15

MR. ALESSI: So, it's the right sleeve of the gray hoodie and the back of the orange t-shirt. Thank you. Am I correct that you included a handwritten note on your report that you found quote "debris" from these two items collectively?

33 45:34

MS. HARTNETT: I don't handwrite notes on my report, so I'm just confused about where you're asking that.

34 45:42

MR. ALESSI: Okay, I'll ask a different question. Hopefully it will be clear. Did you find debris on either of those two items of clothing?

35 45:53

MS. HARTNETT: Yes, I performed a debris collection on each of those items and combined them.

36 46:00

MR. ALESSI: I'm sorry. It's not your fault, it's mine. There's a HVAC noise I can't hear. Can we turn the air conditioning off, please?

37 46:09

JUDGE CANNONE: I'm okay with it. Just — you can speak up a little. I don't want to discomfort people. Can you move the mic?

38 46:19

MS. HARTNETT: Yes, I can speak up. My apologies.

39 46:22

JUDGE CANNONE: If you could speak a little louder, that would be great. Thank you.

40 46:28

MR. ALESSI: Can you repeat your answer, please?

41 46:30

MS. HARTNETT: Can you repeat the question? I apologize.

42 46:33

MR. ALESSI: Sure. Did you find debris on these articles of clothing?

43 46:38

MS. HARTNETT: Yes. I took scrapings from each of these items of clothing and combined the debris. Yes.

44 46:45

MR. ALESSI: With regard to scrapings, can you describe how the term "scrapings" relates to these two items of clothing?

45 46:54

MS. HARTNETT: Yes. Scraping is the mechanism I use to remove any debris that was remaining on both the sweatshirt and the t-shirt. I held each up over my lab bench, I took a long metal spatula, and scraped any debris that was on these items into a small glassine packet.

46 47:19

MR. ALESSI: Is it correct that you do not know where the debris came from specifically other than it came from one or both of these two items?

47 47:33

MS. HARTNETT: Yes, that's correct.

48 47:34

MR. ALESSI: So, the debris could be from just the hoodie, it could be just from the t-shirt, or it could be a combination of both.

49 47:47

MS. HARTNETT: Yes, the items were packaged together, so they were already co-mingled, so there was no way for me to determine which debris came from which item, and it would be misleading to label them as such, so I combined them.

50 48:00

MR. ALESSI: Exactly where my next point was going to go to. Thank you. And now my next questions. So, what, if anything, were these two items contained in when you got them?

51 48:10

MS. HARTNETT: They were contained in a brown paper bag and they may have been contained in a larger box, but I don't remember off the top of my head.

52 48:19

MR. ALESSI: So when you got them and you saw them for the first time — using your term — they were co-mingled together.

53 48:27

MS. HARTNETT: Correct. Yes, that's correct.

54 48:28

MR. ALESSI: And was there any debris in the bottom of the bag?

55 48:33

MS. HARTNETT: There may have been. When I examine something on my bench, I also shake out the bag to ensure that nothing is left behind and that everything is examined and accounted for.

56 48:45

MR. ALESSI: Now, am I also correct that there is no description of the actual debris that you found? For example, you didn't specify whether it was little fibers, little hair, little pieces of this or that. Do I have that correct?

57 49:01

MS. HARTNETT: Correct. I did not do any examination. I just packaged it.

58 49:06

MR. ALESSI: And therefore, you didn't note whether any of the debris was of a plastic or plasticine nature.

59 49:13

MS. HARTNETT: Correct. Correct. That would not be part of my analysis.

60 49:16

MR. ALESSI: And there was no marker put on any part of the debris that was recovered. Is that also correct?

61 49:23

MS. HARTNETT: I label the debris with an item number. I'm not sure what you mean by "marker" if that's what you mean.

62 49:30

MR. ALESSI: Parts of debris. In other words, there wasn't separate identification or markers for separate pieces of debris.

63 49:36

MS. HARTNETT: No, I did not separate out the debris.

64 49:39

MR. ALESSI: There were no photographs taken of the debris?

65 49:42

MS. HARTNETT: Not by me. No.

66 49:43

MR. ALESSI: Do you have knowledge of whether there was a photograph taken of the debris by anybody?

67 49:49

MS. HARTNETT: I do not.

68 49:50

MR. ALESSI: So as you sit here today, you have no knowledge that there's a photograph of the debris.

69 49:56

MS. HARTNETT: That's correct. I do not.

70 49:58

MR. ALESSI: When you received the hoodie and the t-shirt depicted as exhibits 150 and 151, they came in together co-mingled with some debris at the bottom in an evidence bag. Is that correct?

71 50:12

MS. HARTNETT: I'm not sure if there was debris at the bottom of the bag. What I can say is that there was debris on the items and I did shake out the bag. I don't have a memory of anything coming out of the bag. I don't know.

72 50:33

MR. ALESSI: So, there could have been debris at the bottom of the bag when you shook it out. You just don't

73 50:42

MS. HARTNETT: Recall. Yes, correct.

74 50:43

MR. ALESSI: If we could, your honor, please have exhibit 154 already in evidence published.

75 50:48
76 50:48

MR. ALESSI: And let's keep it there for a moment and then I'm going to ask Mr. Woll to zoom in. Miss Hartnett, do you recognize this generally? And then I'm going to have it zoom in so you can read it as an evidence bag.

77 51:05
78 51:05

MR. ALESSI: Now, Mr. Woll, could you please zoom in starting from the top so that Miss Hartnett can fairly read this? And if you could, Miss Hartnett, just take a moment to read it and then I'm going to ask you some questions. But I want you to have a fair opportunity to read it. Let me know when you're done.

79 51:29
80 51:29

MR. ALESSI: And if we can then scroll down, Mr. Woll, so that Miss Hartnett can fairly read the rest of what's on there.

81 51:41

MS. HARTNETT: Okay. Thank you.

82 51:42

MR. ALESSI: Now, Mr. Woll, if you could just leave it where it is now with your honor's permission.

83 51:51

JUDGE CANNONE: I don't see a need to keep the lights off. You can have that on, but please, you'll just let us know.

84 52:03

MR. ALESSI: So, is this the evidence bag that the t-shirt and the hoodie were in when you received those items?

85 52:13

MS. HARTNETT: To the best of my recollection, yes.

86 52:17

MR. ALESSI: You see the name of collected by someone there. Can you read who that states it was collected by?

87 52:27
88 52:28

MR. ALESSI: And state what that is?

89 52:30

MS. HARTNETT: It says TPR Proctor.

90 52:33

MR. ALESSI: And are you able to conclude what the TPR stands for?

91 52:39

MS. HARTNETT: Generally, we use that to abbreviate trooper.

92 52:42

MR. ALESSI: Right. So that is former Trooper Proctor that it says collected by.

93 52:48

MS. HARTNETT: Correct. That is what's written on the bag.

94 52:52

MR. ALESSI: Yes. And the date of the collection — if we can just, Mr. Woll, just focus in on that. Thank you. The date of the collection is January 29th, 2022. Correct?

95 53:07

MS. HARTNETT: Yes, that's correct.

96 53:09

MR. ALESSI: Is it a fair conclusion from this evidence bag and your experience on the matter to conclude that former Trooper Proctor was the person who collected the evidence and put it in the bag?

97 53:26

MS. HARTNETT: I have no knowledge of who actually collected and put it in the bag. I can only read what I see on the monitor.

98 53:38

MR. ALESSI: In terms of — and we — if we could, Mr. Woll, please take that down and put back up the side-to-side images and depictions of the t-shirt and the hoodie. Do you know the journey, if you will, of those two items before you received them?

99 54:05

MS. HARTNETT: No, I do not.

100 54:07

MR. ALESSI: The debris that you ultimately saw on the hoodie and the t-shirt, and that which may or may not have also been additionally in the bag — do you know where that debris would have been picked up from?

101 54:29

MS. HARTNETT: No, I don't know the source of the debris.

102 54:34

MR. ALESSI: And you were not provided with information as to the potential source of that debris.

103 54:43

MS. HARTNETT: Correct. No.

104 54:44

MR. ALESSI: Were you aware of whether or not the debris — excuse me — whether those items had been on the floor of an ambulance or a floor of a hospital?

105 55:02

MS. HARTNETT: No, I did not have any information like that.

106 55:07

MR. ALESSI: Is it important to maintain the sanitary condition of evidence generally to avoid contamination?

107 55:15

MS. HARTNETT: We do our best to avoid contamination once we receive items into evidence. Yes.

108 55:23

MR. ALESSI: And what are some of the protocols that are used to avoid contamination of evidence?

109 55:32

MS. HARTNETT: Generally, wearing gloves, putting items in packaging, bleaching any materials or utensils that we're going to use, or using disposable materials, sterile materials when possible or necessary. We also wear lab coats when processing evidence.

110 55:53

MR. ALESSI: Is another protocol or technique to separate out pieces of evidence to prevent cross-contamination?

111 56:04

MS. HARTNETT: Sometimes we will separate pieces of evidence. If the items are already mixed in with each other, then the items can be kept together.

112 56:23

MR. ALESSI: Do you know the chain of custody of either the hoodie or the t-shirt?

113 56:35

MS. HARTNETT: I only have record of the chain of custody from when it was delivered to the lab.

114 56:42

MR. ALESSI: So before any delivery to the lab, you do not have knowledge of the chain of custody of either of those two items?

115 56:51

MS. HARTNETT: No, I just know which detective unit dropped the items off.

116 56:56

MR. ALESSI: And which detective unit was that?

117 56:59

MS. HARTNETT: Norfolk Detective Unit.

118 57:00

MR. ALESSI: What I would like to now do — we could now take that down. Thank you, Mr. Woll. I want to sort of speciate, if you will — separate out the evidence that you have talked about so far, so that it's clear what you submitted and what may have been submitted by others to the lab. Do you understand that concept generally?

119 57:27
120 57:27

MR. ALESSI: Thank you. So what I'm going to do is to give categories, and if you would be kind enough to say "I submitted it" or "submitted by some other person," that would be helpful. Any items that were collected from the vehicle — who submitted those to the lab or brought them to the lab?

121 57:56

MS. HARTNETT: I did the swabs from the red solo cups. I submitted the swabs. The drinking glass that you were presented with at Canton PD, I submitted that item. The two clothing items that we just saw on the screen, the hoodie and the t-shirt, those were submitted by the Norfolk Detective Unit.

122 58:23

MR. ALESSI: Were there also any fingernails that were part of the investigation and that you had knowledge of?

123 58:31
124 58:32

MR. ALESSI: Describe what those were, please.

125 58:34

MS. HARTNETT: Fingernails may be collected at the medical examiner's office and there are clippings from the top of the fingernails of the victim.

126 58:45

MR. ALESSI: And were those submitted to the lab?

127 58:49
128 58:49

MR. ALESSI: And by whom?

129 58:51

MS. HARTNETT: By the Norfolk Detective Unit.

130 58:53

MR. ALESSI: And the phrase "known blood standards" — are you familiar with that phrase?

131 59:00
132 59:00

MR. ALESSI: Can you tell the jurors please what that means?

133 59:05

MS. HARTNETT: A known blood standard is a sample of blood that is collected from an identified person.

134 59:13

MR. ALESSI: And which person were those known blood standards related to?

135 59:18

MS. HARTNETT: To your knowledge in this matter, we received a tube of blood that was identified as belonging to John O'Keefe.

136 59:26

MR. ALESSI: And with regard to the fingernails and the known blood standards, who submitted those to the lab?

137 59:32

MS. HARTNETT: The Norfolk County Detective Unit.

138 59:34

MR. ALESSI: So am I correct to conclude that for those items that you submitted to the lab, you knew about — you knew sort of their journey, if you will — but those items submitted by what I think you referred to as Norfolk County — was that your parlance?

139 59:54

MS. HARTNETT: Yes. Correct.

140 59:55

MR. ALESSI: You don't have knowledge about those other than that they were submitted by them prior to arriving at the lab. Correct?

141 1:00:04

MS. HARTNETT: I have no knowledge of where they were stored or anything like that before that.

142 1:00:18

MR. ALESSI: And no knowledge of those items not submitted by you would include no knowledge of the chain of custody of those items.

143 1:00:39

MS. HARTNETT: Correct. No knowledge prior to them being received into the lab. That is correct.

144 1:00:53

MR. ALESSI: Your honor, if I may have a moment, please. It'll probably be 30 to 45 seconds. Thank you. Bear with me, please. Those are all the questions I have for Miss Hartnett at this time. Thank you for answering my questions, Miss Hartnett.

145 1:01:34

MS. HARTNETT: Thank you.

146 1:01:36

JUDGE CANNONE: All right. Mr. Brennan, any redirect?

147 1:01:42

MR. BRENNAN: Yes. You mentioned that you had an opportunity to observe a paper bag that had red solo cups in it.

148 1:02:06

MS. HARTNETT: Yes, that's correct.

149 1:02:10

MR. BRENNAN: And the red solo cups had a coloring of red in the cups.

150 1:02:26
151 1:02:27

MR. BRENNAN: You'd never seen blood preserved in cups like that before?

152 1:02:39

MR. ALESSI: Objection, your honor, to the form.

153 1:02:46

JUDGE CANNONE: Sustained.

154 1:02:48

MR. BRENNAN: Had you ever seen blood stored in cups like that before?

155 1:03:01
156 1:03:02

MR. BRENNAN: Do you know the circumstances of storing that blood? Can you rephrase that question, please? When the blood was stored in the cups, do you know the circumstances?

157 1:03:37

MR. ALESSI: Objection. Can we have a sidebar, please?

158 1:03:45
159 1:03:47

MR. BRENNAN: The coloring in those cups — do you know firsthand what that was comprised of? What the item was?

160 1:03:52

MS. HARTNETT: Are you asking me if I knew what the contents specifically of the cup were? No, I did not.

161 1:03:58

MR. BRENNAN: And so the red cups with the red substance stored in them — do you know the circumstances surrounding the effort made to try to preserve that evidence?

162 1:04:06

MS. HARTNETT: Can you just be more specific in what you mean by circumstances?

163 1:04:10

MR. BRENNAN: Sure. Do you know where those red cups came from?

164 1:04:13

MS. HARTNETT: I was told they were collected from the scene. I don't have firsthand knowledge of the collection.

165 1:04:18

MR. BRENNAN: And you weren't at the scene that morning, were you?

166 1:04:21

MS. HARTNETT: No, I was not.

167 1:04:22

MR. BRENNAN: Do you know what the circumstances or the challenges were that morning?

168 1:04:26

MS. HARTNETT: No, I am not aware.

169 1:04:28

MR. BRENNAN: You said that you respond to active scenes, and sometimes, like in this case, after the event happens?

170 1:04:35

MS. HARTNETT: Yes, that's correct.

171 1:04:36

MR. BRENNAN: Is there a difference when you're at an active scene as opposed to when you arrive at a scene that is past the event?

172 1:04:46

MS. HARTNETT: I would say multiple units are working at the same time, attempting to document, preserve, and collect evidence.

173 1:04:54

MR. BRENNAN: You were asked a few questions about the top back of the Lexus SUV.

174 1:05:00

MS. HARTNETT: Yes, that's correct.

175 1:05:01

MR. BRENNAN: When you were first asked the question, you were asked if you had studied that area, and you said you didn't recall if you looked at that area.

176 1:05:13

MS. HARTNETT: I did look at the area. I looked over the entire vehicle, but I didn't note anything specific in that area.

177 1:05:19

MR. BRENNAN: When you say you looked over the entire vehicle, did you look over the back of the vehicle as well?

178 1:05:26

MS. HARTNETT: Yes. The only part I did not look at was the roof of the vehicle.

179 1:05:31

MR. BRENNAN: Did you study all sides equally? Did you spend time with the entire vehicle?

180 1:05:36

MS. HARTNETT: I believe I made an effort, yes, to look at the entire vehicle.

181 1:05:40

MR. BRENNAN: When you studied the back of the vehicle — not the right side or the left side, the back middle — did you find any hair?

182 1:05:49

MS. HARTNETT: I did not note any hair.

183 1:05:51

MR. BRENNAN: No. Did you find any scratches?

184 1:05:53

MS. HARTNETT: The only scratches I noted were ones that I had spoken of previously on the right.

185 1:05:57

MR. BRENNAN: When you looked at the left side of that Lexus, did you find any dents or scratches?

186 1:06:02

MS. HARTNETT: Nothing that I noted. No.

187 1:06:04

MR. BRENNAN: Did you find any hair on that side of the car?

188 1:06:07

MS. HARTNETT: Not that I noted. No.

189 1:06:08

MR. BRENNAN: Did you find any dents, scratches, or hair anywhere other than the right side quarter of that Lexus?

190 1:06:14

MS. HARTNETT: I did not note any. I also did not examine the interior of the vehicle.

191 1:06:18

MR. BRENNAN: You said that you removed the hair. What do you do after you remove the hair?

192 1:06:23

MS. HARTNETT: The hair is placed into a small glassine envelope, then placed into a larger manila envelope, and then I signed and sealed it, gave it the appropriate case number and item number, and then secured it in our storage room.

193 1:06:35

MR. BRENNAN: Can that hair be further tested?

194 1:06:37
195 1:06:37

MR. BRENNAN: Is that something you would do or a different person?

196 1:06:42

MS. HARTNETT: I don't perform testing on the hair. I performed a microscopic examination of it and then additional testing can be performed by a different unit.

197 1:06:52

MR. BRENNAN: Let me ask you some questions about where you found the hair. You saw the two different angle pictures yesterday that you described.

198 1:07:02

MS. HARTNETT: Yes, I saw two pictures of that hair yesterday.

199 1:07:06

MR. BRENNAN: You were also shown some video where the car had snow and ice on it. Does water — does water ever act as an adhesive?

200 1:07:17

JUDGE CANNONE: Okay. Can we stop that, please?

201 1:07:20

MR. BRENNAN: And can you see that's 5:51:54 p.m. on 1/29/22?

202 1:07:24
203 1:07:25

MR. BRENNAN: When you first saw this vehicle, it didn't have that snow on the right back near that tail light, did it?

204 1:07:35

JUDGE CANNONE: Ask it differently, Mr. Jackson.

205 1:07:38

MR. BRENNAN: When you saw this vehicle for the first time, did it have that snow packed into the back right of the car?

206 1:07:49

MS. HARTNETT: No. To the best of my recollection, there was no snow on the vehicle when I saw it.

207 1:07:59

MR. BRENNAN: And the hair where you found it — you see the red back tail light, the piece of red that's showing.

208 1:08:09

MS. HARTNETT: I do see that. Yes.

209 1:08:12

MR. BRENNAN: In reference or relative to that red, was the hair to the right, left, below?

210 1:08:20

MS. HARTNETT: I don't recall at this time.

211 1:08:24

MR. BRENNAN: Okay. Do you see the ice or snow on the right side quarter panel of that Lexus?

212 1:08:38

MS. HARTNETT: I don't see it on the quarter panel. I'm not sure what you're speaking of.

213 1:08:50

MR. BRENNAN: If we could move that video forward, please, to 7:02. And then to 7:49, please stop. Go forward just a little bit. Please stop. Okay. Is there still remnants of snow? Did it look like that when you first saw it?

214 1:09:22

MS. HARTNETT: I believe I did not see any snow on the vehicle when I saw it.

215 1:09:34

MR. BRENNAN: If you could fast forward, please. Thank you. You can take that down. Thank you. You were asked if you had any information about when damage occurred.

216 1:09:56

MS. HARTNETT: Yes, that's correct.

217 1:09:57

MR. BRENNAN: And you offered us — you don't have any idea, right?

218 1:10:02

MR. ALESSI: Objection, your honor.

219 1:10:03

JUDGE CANNONE: I'll allow that.

220 1:10:05

MS. HARTNETT: No, I do not know when the damage occurred.

221 1:10:09

MR. BRENNAN: You were asked whether or not damage existed on that car prior to that day, prior to January 29th, 2022. You remember that question?

222 1:10:20
223 1:10:20

MR. BRENNAN: Did you know there are Ring videos of that car from January 28, 2022?

224 1:10:26
225 1:10:27

MR. BRENNAN: I want to show you some photos and ask you a few questions. If we could have 147C, please — if you could close up. Do you remember what that's a picture of?

226 1:10:42
227 1:10:42

MR. BRENNAN: What is it?

228 1:10:44

MS. HARTNETT: That is a tear that was on the right sleeve of the gray sweatshirt — the threads coming from the side of that hole.

229 1:10:55

MR. BRENNAN: Yes. Those threads, could you pull those threads out by hand if you wanted to?

230 1:11:00

MS. HARTNETT: Can you repeat that question?

231 1:11:02

MR. BRENNAN: If you pulled on those threads, could you pull thread from that hole if you wanted to?

232 1:11:08

JUDGE CANNONE: I'll allow that.

233 1:11:09

MS. HARTNETT: I don't know. I didn't attempt to pull at them at all.

234 1:11:13

MR. BRENNAN: Did you examine them to see if they were woven or loose, those threads?

235 1:11:18
236 1:11:19

MR. BRENNAN: Okay. And what were they?

237 1:11:20

MS. HARTNETT: They were loose — the fibers had started to separate from the shirt. I don't want to say they were separated from the shirt completely. The weave was starting to separate.

238 1:11:32

MR. BRENNAN: If we could have photograph 57. Are those the red cups that you saw?

239 1:12:05
240 1:12:05

MR. BRENNAN: And what color is the fluid inside?

241 1:12:08

MS. HARTNETT: I noted there was red-brown stains inside.

242 1:12:11

MR. BRENNAN: Okay. And do you see that white object, the rag or the paper towel?

243 1:12:17

MR. ALESSI: Objection, your honor. Scope.

244 1:12:19

JUDGE CANNONE: Sustained.

245 1:12:19

MR. BRENNAN: You can take that down. You were asked about who had custody of items.

246 1:12:25

MS. HARTNETT: Yes, that's correct.

247 1:12:26

MR. BRENNAN: You only have custody of items once you receive them, right?

248 1:12:31

MS. HARTNETT: Yes, that's correct.

249 1:12:32

MR. BRENNAN: If somebody had access to that rag and dipped it in those cups and then smeared it on the tail light, and you went and tested, would you potentially be able to find that red liquid on the tail light?

250 1:12:50

MR. ALESSI: Objection, your honor.

251 1:12:51

JUDGE CANNONE: Sustained.

252 1:12:51

MR. BRENNAN: If strands of cloth were pulled from that clothing and placed in the tail light area, would you know when they were placed?

253 1:13:01

MR. ALESSI: Objection, your honor.

254 1:13:03

JUDGE CANNONE: Sustained.

255 1:13:03

MR. BRENNAN: When you get to a scene and you examine an area, if you don't see it firsthand, is there any way you can date when items are placed on an object?

256 1:13:16

MS. HARTNETT: I'm sorry. Can you ask that one more time, please?

257 1:13:21

MR. BRENNAN: Sure. When you look at an area like a tail light, if you found blood or cloth or another item in that area, would you know when it was placed in that area?

258 1:13:35

MR. ALESSI: Objection, your honor.

259 1:13:36

JUDGE CANNONE: I'll allow that.

260 1:13:38

MS. HARTNETT: I think there are really just too many variables to say either way.

261 1:13:44

MR. BRENNAN: And if an item like blood or cloth was placed in that area, is that something you would be looking for in your examination?

262 1:13:57

MS. HARTNETT: In which area?

263 1:13:59

MR. BRENNAN: Say the tail light, for example. If there was an object placed in the tail light, would you be looking for that?

264 1:14:10

MS. HARTNETT: I would be looking for any item of evidence. I'm not specifically looking for anything. I'm just looking for anything that could potentially be evidence.

265 1:14:24

MR. BRENNAN: Thank you. I have no further questions.

266 1:14:27

JUDGE CANNONE: Anything further, Mr. Alessi?

267 1:14:30

MR. ALESSI: Your honor, if we could have 147C republished.

268 1:14:34

JUDGE CANNONE: Would it be acceptable to move it along if Miss Gilman —

269 1:14:40

MR. ALESSI: Oh — if we could have Miss Gilman, I have just one question, your honor. Thank you very much, Miss Gilman. 147C — I think you already had it up there. No — there it is, this one. Yeah, exactly. Thank you, your honor.

270 1:15:04

MR. ALESSI: Do you recall Mr. Brennan asking you just moments ago a question about this depiction?

271 1:15:15
272 1:15:16

MR. ALESSI: And to be clear, this is the right sleeve of the gray hoodie. Correct?

273 1:15:26

MS. HARTNETT: Yes, that's correct.

274 1:15:29

MR. ALESSI: You didn't perform any analysis of this area of the right hoodie, did you?

275 1:15:39

MS. HARTNETT: I performed damage analysis on each of those tears on the sleeve. Correct. Can you rephrase that question, please?

276 1:15:54

MR. ALESSI: Sure. You didn't do any analysis of what could have caused that hole in the sweatshirt. Did you?

277 1:16:10

MS. HARTNETT: No, I did not.

278 1:16:14

MR. ALESSI: No further questions. Again, thank you for answering my question.

279 1:16:24

JUDGE CANNONE: Hartnett, you are all set.

280 1:16:28

MS. HARTNETT: I wanted to correct something from the record yesterday. I wasn't sure when it was appropriate to do that.

281 1:16:46

JUDGE CANNONE: Okay. Do you recall which lawyer asked you the question?

282 1:16:56

MS. HARTNETT: Yes. Mr. Alessi asked me the question.

283 1:17:02

MR. ALESSI: Your honor, are we going to proceed along with that?

284 1:17:12

JUDGE CANNONE: Why don't I see you a second?

285 1:17:18

JUDGE CANNONE: Thank you. All right. So, Miss Hartnett, I am going to let you step down because questions for both sides are completed. So thank you.