Trial 2 Transcript Ashley Vallier
Trial 2 / Day 17 / May 16, 2025
5 pages · 2 witnesses · 1,168 lines
Forensic scientists Porto and Vallier present DNA and physical match evidence linking O'Keefe to Read's vehicle and scene debris to her tail light, while defense cross-examinations expose a six-week chain of custody gap and unrun DNA comparisons against the Albert family.
1 1:37:13

MR. LALLY: I'll call Ashley Vallier to the stand.

2 1:37:17

COURT CLERK: [oath - garbled] Do you swear to give evidence to this court and jury in the case on trial, the truth, the whole truth, and nothing but the truth, so help you God?

3 1:37:36

MS. VALLIER: I do.

4 1:37:37

JUDGE CANNONE: All right, Mr. Lally, whenever you're ready.

5 1:37:41

MR. LALLY: Thank you, Your Honor. Good morning, Miss Vallier.

6 1:37:45

MS. VALLIER: Good morning.

7 1:37:46

MR. LALLY: Could you please introduce yourself to the jury, spelling your last name for the court?

8 1:37:55

MS. VALLIER: My name is Ashley Vallier, spelled V-A-L-L-I-E-R.

9 1:37:59

MR. LALLY: And where do you work?

10 1:38:02

MS. VALLIER: I work at the Massachusetts State Police Crime Laboratory.

11 1:38:07

MR. LALLY: And where did you go to school?

12 1:38:11

MS. VALLIER: I got my bachelor's degree in biochemistry and cell biology from UC San Diego and a master's degree in biomedical forensic sciences from Boston University.

13 1:38:25

MR. LALLY: Now following your education, where did you go to work from there?

14 1:38:30

MS. VALLIER: Um, directly after I got my degree at Boston University, I worked at the Broad Institute.

15 1:38:38

MR. LALLY: And what did you do at the Broad Institute?

16 1:38:42

MS. VALLIER: Um, I did quality control checks of items that potentially could be tested for pharmaceutical use.

17 1:38:50

MR. LALLY: Now, how long have you worked at the Massachusetts State Police Crime Laboratory?

18 1:38:56

MS. VALLIER: Uh, a little over six years.

19 1:38:59

MR. LALLY: Now, is the state lab accredited?

20 1:39:02

MS. VALLIER: It is.

21 1:39:03

MR. LALLY: And by whom?

22 1:39:04

MS. VALLIER: ANAB.

23 1:39:05

MR. LALLY: And what does ANAB stand for?

24 1:39:08

MS. VALLIER: Um, it stands for ANSI National Accreditation Board.

25 1:39:12

MR. LALLY: And the ANSI within the ANAB, what does that stand for?

26 1:39:16

MS. VALLIER: Um, that is another acronym that I don't recall right now.

27 1:39:21

MR. LALLY: Now, as part of that accreditation process, do you undergo any sort of proficiency testing?

28 1:39:28

MS. VALLIER: I do.

29 1:39:28

MR. LALLY: And can you explain to the jury what that proficiency testing process consists of?

30 1:39:35

MS. VALLIER: Um — excuse me — a proficiency test is a test that is given from an outside agency in the discipline that you do case work in, that you would work through like a normal case but it has an expected result at the end.

31 1:39:54

MR. LALLY: And how often do you undergo proficiency testing?

32 1:39:58

MS. VALLIER: Every year.

33 1:39:59

MR. LALLY: And what areas do you specifically undergo proficiency testing in?

34 1:40:02

MS. VALLIER: Um, I've done proficiency tests in gunshot primer residue and physical match analysis.

35 1:40:05

MR. LALLY: And have you successfully completed each of those proficiency tests that you've taken?

36 1:40:09

MS. VALLIER: I have.

37 1:40:10

MR. LALLY: Now, when you initially joined the state police lab, what was your position and title that you were hired for?

38 1:40:16

MS. VALLIER: I was hired as a forensic scientist one.

39 1:40:18

MR. LALLY: Now, can you please explain to the jury what your duties and responsibilities were as a forensic scientist one?

40 1:40:24

MS. VALLIER: So, a forensic scientist one is the introductory level. Um, it's when you start your training — in whatever discipline you're going to be trained in, in quality control checks. Um, after you've been at the laboratory for over a year and you're signed off to do case work, you become a forensic scientist two.

41 1:40:41

MR. LALLY: And you're currently a forensic scientist two. Is that correct?

42 1:40:44
43 1:40:44

MR. LALLY: What is the difference between a forensic scientist one and a forensic scientist two at the Massachusetts State Police Crime Laboratory?

44 1:40:50

MS. VALLIER: Um, a forensic scientist two has been at the lab for over a year and can do case work.

45 1:40:56

MR. LALLY: Now, just in general terms, what does the trace unit do or examine within the state police crime laboratory?

46 1:41:02

MS. VALLIER: Um, I'm — a part of the trace arson and explosives unit. Um, so we analyze a wide range of pieces of evidence. Um, so trace covers a lot of small things — paint, fibers, glass, gunshot primer residue, physical matches. Um, arson covers fire debris evidence, and explosives covers explosives.

47 1:41:18

MR. LALLY: Now, specifically with reference to physical match analysis, can you explain to the jury just in general terms at first, how that analysis is performed?

48 1:41:27

MS. VALLIER: Um, so physical match analysis is piecing broken things together to see if they were at once a single item. Um, generally you look at the questioned item first — the item that you don't — know specifically where it came from — look at that, and then you would look at the known item, which is an item with a known source like, specifically, this window or this vehicle. Um, they're analyzed at separate times. Um, and then if it looks like there could potentially be a physical match, you would analyze them together and see if they have a mechanical fit.

49 1:42:06

MR. LALLY: Now, when you retrieve items just in general, to do some sort of physical match analysis, where do you get those items from?

50 1:42:29

MS. VALLIER: Um, we have evidence storage locations at the laboratory.

51 1:42:38

MR. LALLY: And how are they typically packaged when — you receive them?

52 1:42:49

MS. VALLIER: Um, they can be packaged in cardboard boxes, brown paper bags, heat sealed plastic bags. It depends on the individual items.

53 1:42:58

MR. LALLY: And when you're doing this analysis, as far as a physical match analysis, what do you do to your bench between your examination of separately packaged items?

54 1:43:09

MS. VALLIER: Um, before I do any analysis, I bleach my bench, clean my tools, and then put down a fresh sheet of butcher paper.

55 1:43:19

MR. LALLY: And why do you do that?

56 1:43:22

MS. VALLIER: Um, to make sure everything's clean.

57 1:43:24

MR. LALLY: Now, again speaking more in general terms, on what types of evidence can you perform a physical match analysis?

58 1:43:32

MS. VALLIER: Um, sorry, can you repeat the question?

59 1:43:36

MR. LALLY: Sure. In general terms, with your work within the lab, on what types of items can you perform a physical match analysis?

60 1:43:44

MS. VALLIER: Um, a lot. Anything that has a broken or irregular edge.

61 1:43:48

MR. LALLY: Would that include glass?

62 1:43:49
63 1:43:50

MR. LALLY: Would that include plastic?

64 1:43:51
65 1:43:52

MR. LALLY: What are some of the other things that would also include?

66 1:43:56

MS. VALLIER: Um, any sort of polymer, metals.

67 1:43:58

MR. LALLY: And when you're doing a physical match analysis, what instruments do you utilize in the course of that analysis?

68 1:44:05

MS. VALLIER: Um, generally I'll use a stereo zoom microscope. Depending on the size of the items compared, I can use other microscopes as well.

69 1:44:14

MR. LALLY: Now, what is a stereo zoom microscope?

70 1:44:16

MS. VALLIER: Um, a stereo zoom — microscope is a microscope that's mounted on a stand. Um, so it gives a wider range of view that you can look at larger items.

71 1:44:28

MR. LALLY: And how are you using that specifically in your physical match analysis of, let's say, items of plastic?

72 1:44:36

MS. VALLIER: Um, I'll use it to look at the edges and see if there's any defining characteristics along those broken edges.

73 1:44:46

MR. LALLY: Now, as you're going through your analysis, do you document your work as you go?

74 1:44:53

MS. VALLIER: I do.

75 1:44:54

MR. LALLY: And how do you do that?

76 1:44:57

MS. VALLIER: Um, with handwritten notes and with photos.

77 1:45:01

MR. LALLY: Now, at some point, were you assigned to perform some work on lab case number 22-02184 pertaining to this defendant, Karen Read?

78 1:45:12
79 1:45:12

MR. LALLY: What type of work were you assigned to do in this case?

80 1:45:16

MS. VALLIER: Um, I was asked to do physical match analysis and then later on I was asked to look at — do some trace recovery, look at some debris.

81 1:45:25

MR. LALLY: And starting with the physical match analysis, how many different items approximately were you asked to look at?

82 1:45:30

MS. VALLIER: Um, over 10.

83 1:45:31

MR. LALLY: Several. Fair to say?

84 1:45:33
85 1:45:33

MR. LALLY: Okay. And how were each of those items packaged when you received them?

86 1:45:37

MS. VALLIER: Um, so the questioned items were packaged first in a large paper bag and then each item was individually packaged in a smaller brown paper bag within that container.

87 1:45:46

MR. LALLY: Now, again just in — general terms — because you've used it a couple times — when you say questioned item versus known item as it pertains to this analysis in this case, what were the questioned items generally and what was the known item?

88 1:46:01

MS. VALLIER: Um, the questioned items were items labeled as coming from a road and the known item was labeled as coming from a tail light from a vehicle.

89 1:46:14

MR. LALLY: Now in this case, did you perform your physical match analysis in the same manner that you've previously described based on your education, training and experience within the lab?

90 1:46:29
91 1:46:29

MR. LALLY: Now, initially you had examined some various plastic and glass items — and there was a drinking straw in there as well. Correct.

92 1:46:41
93 1:46:41

MR. LALLY: And specifically, as far as the item numbers that you looked at in this physical match analysis, could you provide the jury with the list of just the item numbers first to start with? Do you have your report with you, Miss Vallier?

94 1:47:04

MS. VALLIER: I do.

95 1:47:05

JUDGE CANNONE: Is there any objection to using the report?

96 1:47:09

MR. JACKSON: No objection at all.

97 1:47:11

JUDGE CANNONE: So, feel free to use it.

98 1:47:14

MS. VALLIER: Okay. Thank you. Um, so the questioned items labeled as coming from the road were items 7-5, item 7-6, 7-8, 7-9, 7-10, 7-11, 7-12, 7-13, 7-14, 7-15, 7-16, and 7-9. Um, and the known item labeled as coming from the passenger side tail light is — item 3-1.

99 1:47:40

MR. LALLY: Now, Miss Vallier, within those specific item numbers, of how things are labeled at your lab, if there are different pieces associated with the same item, how is it that you label those specifically in this physical match analysis here?

100 1:47:50

MS. VALLIER: Um, so some of the items had multiple pieces within that item. Um, so I labeled them A, B, C, etc. depending on how many pieces there were.

101 1:47:57

MR. LALLY: Now, if you could please explain to the jury just again the process that you followed in your examination of each of those items.

102 1:48:03

MS. VALLIER: Um, so first I looked at the questioned items, the items labeled as coming from the road. Um, I looked — at — I documented the overall package because they were all packaged in the same container, the same brown paper bag. Um, documented that. Um, individually inside of it, there were a bunch of individual brown paper bags. Documented that. Um, and I went one at a time through them — opening each paper bag, taking written notes, taking photos of the items inside. Um, within each item, I looked to see if any of those pieces fit together. Um, I cleaned my bench in between the items.

103 1:48:31

MR. LALLY: Your Honor, may I approach?

104 1:48:41
105 1:48:43

MR. LALLY: And your Honor, those [exhibits I've pre-marked] all in advance.

106 1:49:05

JUDGE CANNONE: Okay. Is there an — objection to any of them?

107 1:49:27

MR. JACKSON: No objection.

108 1:49:27

JUDGE CANNONE: All right. So why don't we just go ahead and mark them all as evidence?

109 1:49:34

MR. LALLY: Uh, if I could, I was going to take them item by item.

110 1:49:40

JUDGE CANNONE: Okay, that's fine.

111 1:49:41

MR. LALLY: Okay. Ma'am, I'm showing you four photographs. Do you recognize those?

112 1:49:46

MS. VALLIER: I do.

113 1:49:47

MR. LALLY: What do you recognize those to be?

114 1:49:50

MS. VALLIER: Um, these are photos that I took of item 3-1.

115 1:49:54

MR. LALLY: And again, what was the description associated with item 3-1?

116 1:49:58

MS. VALLIER: Um, passenger side tail light.

117 1:50:01

MR. LALLY: And was that description further given a specific vehicle or license plate associated with the vehicle that the tail light came from?

118 1:50:10

MS. VALLIER: Uh, it does. Massachusetts 3GC684.

119 1:50:12

MR. LALLY: The Commonwealth seeks to introduce in — — minute, as the next exhibit A through D.

120 1:50:20

JUDGE CANNONE: Right. Those will come in. That's why I wanted to just mark them all.

121 1:50:27

MR. LALLY: That's fine. If the court prefers, I can — exhibits 171A through 171D. May I approach, Your Honor?

122 1:50:36

JUDGE CANNONE: Yes. If you have them in sections, we can do that.

123 1:50:41

MR. LALLY: This way. I'm showing you two more photographs. Do you recognize those?

124 1:50:47

MS. VALLIER: I do.

125 1:50:48

MR. LALLY: And what do you recognize those as?

126 1:50:52

MS. VALLIER: Um, photos I took of item 7-5.

127 1:50:56

MR. LALLY: And, uh, again, from your report, what was the description in reference to item 7-5?

128 1:51:03

JUDGE CANNONE: If you're fine. Yes. Okay.

129 1:51:06

MS. VALLIER: Um, piece of plastic red recovered from 34 Fairview Road.

130 1:51:11

MR. LALLY: And, Your Honor, the Commonwealth seeks to — — introduce and admit as the next exhibit, A and B.

131 1:51:21

JUDGE CANNONE: Okay. 171A and B. The Commonwealth may publish.

132 1:51:25

MR. LALLY: Miss Gilman, if I could, uh, first ask for photograph 2122. And, Miss Vallier, what's up on the screen?

133 1:51:36

MS. VALLIER: Uh, that is the bag associated with the passenger side tail light, or the known item.

134 1:51:45

MR. LALLY: Correct. And, Miss Gilman, if I could have photograph 2125. And, Miss Gilman, if you could, um, just enlarge a little bit towards the bottom where the ruler is. Now, Miss Vallier, what's up on the screen now as far as, uh, the sort of notations there? Who made those?

135 1:52:14

MS. VALLIER: I did.

136 1:52:16

MR. LALLY: And how do you know that you were the one who made those?

137 1:52:23

MS. VALLIER: Um, that's my handwriting and — — those are my initials.

138 1:52:30

MR. LALLY: So the AMV is, uh, for your name, correct?

139 1:52:33
140 1:52:33

MR. LALLY: And with respect to each of the items that you photographed, uh, you had photographs that were taken of sort of what was in the evidence bag in total, uh, displayed on your table that you would clean with the solution and everything else. Correct.

141 1:52:48

MS. VALLIER: Yes. Okay.

142 1:52:49

MR. LALLY: And, Miss Gilman, if you could just zoom out a little bit to show the item. And again, what's up on the screen — that is item 3-1, the known item as far as the tail light from the defendant's vehicle.

143 1:53:03
144 1:53:04

MR. LALLY: And, Miss Gilman, if I could have 2126. And, Miss Vallier, if you could just — — describe for the jury, what are we looking at in this photograph?

145 1:53:14

MS. VALLIER: Um, those are those same items just turned over.

146 1:53:19

MR. LALLY: And lastly for this set, uh, Miss Gilman, if I could have 2135. And again, same, uh, same item as far as 3-1, the tail light taken from the defendant's vehicle.

147 1:53:36
148 1:53:36

MR. LALLY: Miss Gilman, if I could ask for photograph 1905. And, Miss Vallier, as far as with each of these items, you take photographs when they're inside the bag and then once you take them out of the bag. Correct.

149 1:53:58

MS. VALLIER: Yes. Okay.

150 1:53:59

MR. LALLY: And, Miss Gilman, if I could have photograph 1908. And what are we looking at in this photograph?

151 1:54:09

MS. VALLIER: Um, the contents of item 7-5.

152 1:54:13

MR. LALLY: May I approach again?

153 1:54:15
154 1:54:15

MR. LALLY: Two more photographs. Do you recognize those?

155 1:54:19

MS. VALLIER: I do.

156 1:54:20

MR. LALLY: And what do you recognize those as?

157 1:54:23

MS. VALLIER: Um, photos of item 7-6.

158 1:54:26

MR. LALLY: And that's one of the bag and then one when the item is taken out of the bag. Is that correct?

159 1:54:37
160 1:54:37

MR. LALLY: And what was the description for item 7-6?

161 1:54:42

MS. VALLIER: Um, piece of plastic clear recovered from 34 Fairview Road.

162 1:54:47

MR. LALLY: Commonwealth seeks to introduce and admit as the next exhibit A and B.

163 1:54:53

JUDGE CANNONE: Okay. 172A and B.

164 1:54:55

MR. LALLY: With the court's permission, may I publish those to the jury?

165 1:55:01
166 1:55:02

MR. LALLY: Miss Gilman, if I could have photograph 1921. And then photograph 1924. And what's depicted up on the screen — is that what you just have before you as the photograph that you took of item 7-6 — — recovered from 34 Fairview Road?

167 1:55:25

MS. VALLIER: Yes. Thank you.

168 1:55:26

MR. LALLY: May I approach the witness again, Your Honor?

169 1:55:29
170 1:55:29

MR. LALLY: Two other photographs. Do you recognize those?

171 1:55:32

MS. VALLIER: I do.

172 1:55:33

MR. LALLY: What do you recognize those as?

173 1:55:35

MS. VALLIER: Photos I took of item 7-8.

174 1:55:38

MR. LALLY: And one of the bag and then one of the items removed from the bag. Is that correct?

175 1:55:45
176 1:55:45

MR. LALLY: And, uh, what is the description associated with item 7-8?

177 1:55:49

MS. VALLIER: Piece of plastic red and clear recovered from 34 Fairview Road.

178 1:55:53

MR. LALLY: Commonwealth seeks to introduce and admit as the next exhibit A and B. And, Your Honor, with permission, if I could publish those to the jury.

179 1:56:04

JUDGE CANNONE: Yes. Exhibits 173A and B.

180 1:56:06

MR. LALLY: Miss Gilman, if I could have photograph — — 1931, and then 1934. And, Miss Gilman, if you could, uh, zoom in just a little on those items, please. And, Miss Vallier, again, what are we looking at in this photograph of item 7-8? What are we looking at again in this photograph? Excuse me.

181 1:56:28

MS. VALLIER: Uh, photos of item 7-8.

182 1:56:31

MR. LALLY: May I approach the witness again?

183 1:56:36
184 1:56:37

MR. LALLY: Two other photographs. And do you recognize those?

185 1:56:43

MS. VALLIER: I do.

186 1:56:44

MR. LALLY: What do you recognize those as?

187 1:56:49

MS. VALLIER: Um, photos of items 7-9A and 7-9B.

188 1:56:54

MR. LALLY: And as far as the first photograph, as far as the bag, and then the second were the items taken out of the bag. Is that correct?

189 1:57:15
190 1:57:16

MR. LALLY: So 7-9A and 7-9B were contained in the same bag.

191 1:57:23

MS. VALLIER: They were. I then separated them into two separate — — packages.

192 1:57:33

MR. LALLY: And as far as 7-9A and 7-9B respectively, if you could, uh, tell the jury what was the description for each of those items.

193 1:57:48

MS. VALLIER: Um, item 7-9A was pieces of glass recovered from 34 Fairview Road. Item 7-9B is trace item, black straw, recovered from 34 Fairview Road.

194 1:58:03

MR. LALLY: Commonwealth seeks to introduce and admit exhibit A and B.

195 1:58:10

JUDGE CANNONE: Hold on. 174A, 174B. Now you can — my apologies.

196 1:58:16

MR. LALLY: Uh, Miss Gilman, if I could have, uh, 1958, please, then 1962. And again, Miss Vallier, what are we looking at in this photograph?

197 1:58:31

MS. VALLIER: Um, the contents of that bag. Item 7-9A and item 7-9B.

198 1:58:38

MR. LALLY: May I approach again?

199 1:58:41
200 1:58:42

MR. LALLY: Two other photographs. Do you recognize those?

201 1:58:46

MS. VALLIER: I do.

202 1:58:47

MR. LALLY: And what do you recognize those as? —

203 1:58:53

MS. VALLIER: Photos of item 7-10.

204 1:58:55

MR. LALLY: And again, one of the bag and one of the contents of the bag. Is that correct?

205 1:59:04
206 1:59:05

MR. LALLY: And if you could please tell the jury what was the description for item 7-10.

207 1:59:13

MS. VALLIER: Piece of plastic red recovered from 34 Fairview Road.

208 1:59:18

MR. LALLY: Commonwealth seeks to introduce the next exhibit A and B.

209 1:59:23

JUDGE CANNONE: Exhibit 175A and B.

210 1:59:25

MR. LALLY: May I publish that for the jury, Your Honor?

211 1:59:30
212 1:59:31

MR. LALLY: Miss Gilman, if I could have 1952 and 1956. And again, Miss Vallier, what are we looking at in this photograph?

213 1:59:42

MS. VALLIER: Um, photo of item 7-10.

214 1:59:45

MR. LALLY: Thank you. You can take that down. May I approach the witness?

215 1:59:52
216 1:59:52

MR. LALLY: Two other photographs. Do you recognize those?

217 1:59:56

MS. VALLIER: I do.

218 1:59:57

MR. LALLY: And what do you recognize those as? —

219 2:00:02

MS. VALLIER: Um, photos of item 7-11.

220 2:00:04

MR. LALLY: And again, one photo of the bag and one photo of the items outside of the bag.

221 2:00:12
222 2:00:13

MR. LALLY: Uh, and again, if you could, uh, please tell the jury what the description is associated with item 7-11.

223 2:00:22

MS. VALLIER: Piece of plastic, red, clear, and black, recovered from 34 Fairview Road.

224 2:00:28

MR. LALLY: Commonwealth seeks to introduce and admit as the next exhibit. And may I publish, Your Honor?

225 2:00:36
226 2:00:36

MR. LALLY: Miss Gilman, 1979 and 1982. Again, Miss Gilman, if you could zoom in just a little on the items themselves. And, Miss Vallier, uh, what are we looking at in this photograph?

227 2:00:52

MS. VALLIER: Photo of item 7-11.

228 2:00:54

MR. LALLY: These are photos again that you took in — — the lab during the course of your comparative, or physical match, analysis. Correct.

229 2:01:06
230 2:01:06

MR. LALLY: May I approach again?

231 2:01:08
232 2:01:09

MR. LALLY: Do you recognize those?

233 2:01:11

MS. VALLIER: I do.

234 2:01:12

MR. LALLY: What do you recognize those as?

235 2:01:15

MS. VALLIER: Photos I took of item 7-12.

236 2:01:18

MR. LALLY: And, uh, again, photograph of the bag, photograph of the items outside of the bag.

237 2:01:27
238 2:01:27

MR. LALLY: And if you could please tell the jury what, uh, is the description of item 7-12.

239 2:01:36

MS. VALLIER: Uh, trace item, 14 glass and clear plastic, recovered from 34 Fairview Road.

240 2:01:43

MR. LALLY: Commonwealth seeks to introduce the next exhibit, 177A and 177B. Your Honor, may I publish?

241 2:01:51
242 2:01:51

MR. LALLY: Miss Gilman, if I could have, uh, photograph 2015 and 2018. And again, Miss Gilman, if you could — — just zoom in a little on the items. Thank you. And, Miss Vallier, again, what can you describe — what's depicted up on the screen?

243 2:02:16

MS. VALLIER: A photo I took of item 7-12.

244 2:02:36

MR. LALLY: Your Honor, may I approach?

245 2:02:38
246 2:02:39

MR. LALLY: Two other photographs. You recognize those?

247 2:02:42

MS. VALLIER: I do.

248 2:02:43

MR. LALLY: And what do you recognize those as?

249 2:02:47

MS. VALLIER: Photos I took of item 7-13.

250 2:02:50

MR. LALLY: And again, one of the bag and then one with the items removed from the bag.

251 2:02:59
252 2:02:59

MR. LALLY: And, uh, if you could please tell the jury what, uh, is the description for item 7-13.

253 2:03:09

MS. VALLIER: Piece of plastic, red and black, recovered from 34 Fairview Road.

254 2:03:14

MR. LALLY: Commonwealth seeks to introduce the next exhibit, 178A and 178B. Your Honor, may I publish?

255 2:03:23
256 2:03:23

MR. LALLY: Miss Gilman, 1997 and 2000. And again, Miss Gilman, if you could please zoom in on the items. Thank you. And, Miss Vallier, directing your attention to the screen — can you describe for the jury what is depicted — — on the screen now?

257 2:03:48

MS. VALLIER: A photo I took of item 7-13.

258 2:03:51

MR. LALLY: May I approach the witness, Your Honor?

259 2:03:55
260 2:03:56

MR. LALLY: Two other photos. You recognize those?

261 2:03:59

MS. VALLIER: I do.

262 2:04:00

MR. LALLY: What do you recognize those as?

263 2:04:03

MS. VALLIER: Photos I took of item 7-14.

264 2:04:07

MR. LALLY: And again, one of the bag and one of the item removed from the bag.

265 2:04:15
266 2:04:15

MR. LALLY: And, uh, again, could you please tell the jury what the description is associated with item 7-14?

267 2:04:25

MS. VALLIER: Pieces of glass recovered from 34 Fairview Road.

268 2:04:29

MR. LALLY: Commonwealth seeks to introduce exhibit A and B. May I publish, Your Honor?

269 2:04:36
270 2:04:37

MR. LALLY: Miss Gilman, if I could have 2009 and 2012. And again, Miss Gilman, if you could zoom in on the item. And, Miss Vallier, as far as what's depicted on the screen, again, if you could describe for the jury what that — — is.

271 2:05:02

MS. VALLIER: Uh, a photo of item 7-14.

272 2:05:05

MR. LALLY: May I approach the witness again, Your Honor?

273 2:05:10
274 2:05:11

MR. LALLY: Other photographs, if you could. You recognize those?

275 2:05:15

MS. VALLIER: I do.

276 2:05:17

MR. LALLY: And what do you recognize those as?

277 2:05:21

MS. VALLIER: Photos of item 7-15.

278 2:05:23

MR. LALLY: And again, one of the bag and one of the items taken from the bag. Correct.

279 2:05:33
280 2:05:33

MR. LALLY: And, uh, if you could please tell the jury what is the description associated with item 7-15.

281 2:05:44

MS. VALLIER: Piece of plastic, three clear and five red, recovered from 34 Fairview Road.

282 2:05:51

MR. LALLY: Commonwealth seeks to introduce the next exhibit A and B, 180A and 180B. May I publish, Your Honor?

283 2:06:02
284 2:06:03

MR. LALLY: Miss Gilman, if I could have 2072. And 2077, please. Again, if you could zoom just a little as far as the items are concerned. And Miss Vallier, what are we looking at in this photograph?

285 2:06:25

MS. VALLIER: Item 7-15.

286 2:06:26

MR. LALLY: May I approach again, your honor?

287 2:06:29
288 2:06:29

MR. LALLY: Other photographs. Do you recognize that?

289 2:06:33

MS. VALLIER: I do.

290 2:06:34

MR. LALLY: What do you recognize that?

291 2:06:36

MS. VALLIER: Photos I took of item 7-16. And again, one of the bag and then one of the contents from the bag.

292 2:06:48

MR. LALLY: Is that correct?

293 2:06:49
294 2:06:50

MR. LALLY: And if you could please tell the jury what was the description associated with item 7-16.

295 2:06:59

MS. VALLIER: Piece of plastic red and clear recovered from 34 Fairview Road.

296 2:07:05

MR. LALLY: I seek to introduce exhibit 181A and B. May I publish?

297 2:07:11

JUDGE CANNONE: Yes. Miss Gilman, if I could have 2036 and 2040. And Miss Gilman, if you could zoom in just a little. Thank you very much. And Miss Vallier, if you could please describe for the jury what we're looking at in this particular photograph.

298 2:07:35

MS. VALLIER: This is item 7-16.

299 2:07:37

MR. LALLY: Miss Gilman, you can take that down. Now with respect to each of these items that you examined in your physical match analysis, again as far as the process is concerned with the questioned items, what are you doing with reference to each of those questioned items first?

300 2:08:07

MS. VALLIER: First I document them as you've seen. I'll see if any of those within the item have a physical match with each other. And then I'll package that away and look at all the questioned items before I compare inter-questioned items to see if there are any physical matches between items — all the seven-dash items.

301 2:08:43

MR. LALLY: And as far as your notes are concerned, what is it that you're noting in reference to each of those items, as far as what characteristics of the item are you taking note of?

302 2:09:00

MS. VALLIER: I'll note the size, the color, and the material.

303 2:09:04

MR. LALLY: And what if any measurements do you take of each of those respective items as well?

304 2:09:13

MS. VALLIER: I'll take the length and width of each item.

305 2:09:17

MR. LALLY: Now, with respect, starting with item 3-1, the passenger side tail light from the defendant's vehicle, sort of internally within that item 3-1, what did you conclude as far as your physical match analysis within that item alone?

306 2:09:37

MS. VALLIER: Within item 3-1, I believe four of the pieces fit together. And — your honor, if the witness may refer to her notes?

307 2:09:49
308 2:09:49

MS. VALLIER: Thank you. Four of the pieces fit together within item 3-1.

309 2:09:55

MR. LALLY: And which four are the pieces?

310 2:09:58

MS. VALLIER: Pieces A, B, D, and F.

311 2:10:01

MR. LALLY: And as far as the labeling of those pieces of an individual item, let's just start with item 3-1. A, B, D, and F — how are they labeled? And how do you physically label those items?

312 2:10:21

MS. VALLIER: We have a label maker in the lab. So I'll print out the case number, the item number, and then A, B, C, and my initials. And that goes physically on each of those items or all of those pieces.

313 2:10:42

MR. LALLY: So if any of those items had a sticker on it with a letter or something associated with that, that would be something that you did during the course of your physical match analysis.

314 2:10:59

MS. VALLIER: Correct. Yes.

315 2:11:00

MR. LALLY: Now, if I could turn your attention to item 7-5, piece of plastic red recovered from 34 Fairview Road. What did you conclude as far as your physical match analysis just within that single item?

316 2:11:18

MS. VALLIER: There was no physical match noted among those three pieces of apparent plastic.

317 2:11:25

MR. LALLY: And when you say no physical match found from the different pieces within that item, what does that mean?

318 2:11:33

MS. VALLIER: The broken edges of each piece did not align.

319 2:11:37

MR. LALLY: So the broken edges of the individual pieces within item 7-5 did not fit together with the broken edges of pieces within item 7-5. Correct?

320 2:11:49
321 2:11:49

MR. LALLY: Okay. Now, with respect to item 7-6, a clear piece of plastic recovered from 34 Fairview Road, what did you conclude based on your physical match analysis just pertaining to that item 7-6?

322 2:12:04

MS. VALLIER: So this item was two pieces of colorless apparent plastic and there was no physical match noted between those two pieces.

323 2:12:14

MR. LALLY: Now, with reference to item 7-8, red and clear plastic recovered from 34 Fairview Road, what did you conclude in regard to your physical match analysis just with the pieces contained within item 7-8?

324 2:12:27

MS. VALLIER: So there were 14 pieces. Pieces C and D fit together and pieces E and F fit together.

325 2:12:35

MR. LALLY: And when you say fit together, is there a term of art used within your field called a mechanical fit?

326 2:12:43
327 2:12:43

MR. LALLY: And can you explain to the jury what you understand that term to mean, as far as what is a mechanical fit?

328 2:12:52

MS. VALLIER: So mechanical fit and a physical match are the same thing. It's when the broken edges align together to show that they were once a single item.

329 2:13:04

MR. LALLY: Now, if I could turn your attention to item 7-9, pieces of glass recovered from 34 Fairview Road, what were you able to conclude from your physical match analysis of just the individual pieces contained within item 7-9?

330 2:13:17

MS. VALLIER: So this item had three pieces, and no physical match was found between those.

331 2:13:22

MR. LALLY: Turning your attention to item 7-10, red pieces of plastic recovered from 34 Fairview Road. What were you able — that is a single item. Is that correct?

332 2:13:32

MS. VALLIER: Correct. So no physical match because there's nothing to match. It's just one piece.

333 2:13:37

MR. LALLY: Correct. Okay. And turning your attention to item 7-11, identified as six red, clear, and black pieces of plastic recovered from 34 Fairview Road. What did you conclude in regard to your physical match analysis just within those pieces contained within 7-11?

334 2:13:52

MS. VALLIER: So that item had six pieces and there was no physical match noted among those six.

335 2:13:59

MR. LALLY: Now turning your attention to item 7-12, which was identified as 14 pieces of glass and clear plastic recovered from 34 Fairview Road. Again, what did you conclude from your physical match analysis just from the various pieces contained within item 7-12?

336 2:14:19

MS. VALLIER: So there were 14 pieces overall. Pieces B, C, D, F, and K fit together mechanically as one unit. And then pieces E and I fit together mechanically as one unit. And pieces M and N fit together mechanically as one unit.

337 2:14:40

MR. LALLY: Now, through your examination of these pieces in particular and other pieces as well, did you note any debris contained on the pieces that you located?

338 2:14:52
339 2:14:53

MR. LALLY: And can you say anything as far as what that debris was, or was there any analysis done of that debris specifically?

340 2:15:04

MS. VALLIER: I just note that there was debris present and I packaged it into a tin that's retained with the original packaging.

341 2:15:14

MR. LALLY: Turning your attention to item 7-13. That was a piece of plastic red and black recovered from 34 Fairview Road. Is that correct?

342 2:15:26
343 2:15:26

MR. LALLY: And again, just with respect to your physical match analysis of the various pieces of 7-13, what did you conclude?

344 2:15:35

MS. VALLIER: So that item had three pieces and there was no physical match noted among those three.

345 2:15:43

MR. LALLY: And again with reference to item 7-14, piece of glass recovered from 34 Fairview Road. That was again a single item, correct? A single piece.

346 2:15:54
347 2:15:55

MR. LALLY: So I'll turn your attention to item 7-15. Three clear and five red pieces of plastic recovered from 34 Fairview Road. Is that correct?

348 2:16:06
349 2:16:06

MR. LALLY: And what were you able to conclude from your physical match analysis again just from the various pieces contained within item 7-15?

350 2:16:17

MS. VALLIER: So there were eight pieces in this one. Pieces F and H fit together mechanically.

351 2:16:25

MR. LALLY: Turning your attention to, lastly for this purpose, item 7-16 — piece of plastic red and clear recovered from 34 Fairview Road. What were you able to conclude from your physical match analysis just contained within the pieces of that single item 7-16?

352 2:16:51

MS. VALLIER: So that item had seven pieces. Pieces A, C, and D fit together mechanically.

353 2:16:59

MR. LALLY: Now, Miss Vallier, once you had examined each of those pieces individually, what did you do next in your analysis?

354 2:17:11

MS. VALLIER: Next, I compared all of the inter-questioned — these items 7-5 to 7-16. I compared them to see if there was a mechanical fit amongst those, between those items.

355 2:17:22

JUDGE CANNONE: Mr. Lally, is this a good place for a break?

356 2:17:26

MR. LALLY: Yes, perfect.

357 2:17:27

JUDGE CANNONE: Yes, Ron. All right, jury's going to take our morning break. We'll see you here in about 15-20 minutes. You can walk right out. And can I see counsel for a minute, please? All right, [unintelligible], I'll hear you.