Commonwealth v. Read — Trial ArchiveChristina Hanley - Cross/Redirect/Recross
242 linesMR. JACKSON: Good afternoon, Miss Hanley.
MS. HANLEY: Good afternoon.
MR. JACKSON: Nice to see you again. We met about a year ago. First things first, you were just talking about some plastic pieces in 7-8.8, correct?
MS. HANLEY: It was 7-18.18.
MR. JACKSON: I left a one out. 7-18. We're dealing with a lot of numbers. I'm going to see if we can cut through that here in a second. First of all, you indicated that you were doing a comparative analysis in different — sort of different categorical ways — using microscopy, using the microspec, using the FTIR. I think you also used the FTIR on that as well.
MS. HANLEY: Yes.
MR. JACKSON: And you indicated that your analysis concluded that those pieces could have come from the same source — from the source in 3-1, the tail light. But you're not conclusively saying they did.
MS. HANLEY: Correct. It could have come from — they could have a common origin, or it could have come from another source with the same characteristics.
MR. JACKSON: Right. So in other words, another way to say that, Miss Hanley, is it may have come from the tail light, may not have.
MS. HANLEY: It's a possibility.
MR. JACKSON: Okay. I also want to ask you real quick about the tail light manufacturer. You were shown an exhibit — I think it's exhibit 200 — and I think we have that available with the court's permission. Can we — we don't have to cut the lights. I think the lighting is just fine. This is exhibit — or a photograph of exhibit 200 that you saw just a second ago. Quick question about that. In your inspection of that tail light, it's true, is it not, that that is manufactured entirely of plastic or plasticine pieces. There is no glass in that tail light. Correct?
MS. HANLEY: I have to check my notes. I don't think I noted any glass.
MR. JACKSON: Okay. So in other words, you didn't note any glass inherent in the manufacturer of that tail light. It's basically plastic.
MS. HANLEY: Yeah, I think most of the parts were plastic. I'm not 100% sure if the entire thing was plastic. There may have been other material, but portions were plastic.
MR. JACKSON: But you certainly didn't see any glass inherent in the manufacturer process.
MS. HANLEY: I again, I'd have to double check my notes, but I don't think I did.
MR. JACKSON: Okay. Do Do you want her to check her notes?
JUDGE CANNONE: Why don't you?
MR. JACKSON: No problem. Are your notes in front of you?
MS. HANLEY: Yes.
MR. JACKSON: With the court's permission?
JUDGE CANNONE: Sure.
MS. HANLEY: Okay. So, I did not make any notation that I noted portions that were glass.
MR. JACKSON: Great. Final point before we get into the actual analysis on any of the glass. I want to shift gears to just the glass material that you analyzed and that you looked at and you inspected. You saw no blood, no skin, no biological material, no tissue, human tissue or otherwise on any of those pieces that you inspected. Did you?
MS. HANLEY: Upon examination of those items, making observations of those types of material — that's not my area of expertise. I didn't — I don't think I noted anything that was maybe consistent with that.
MR. JACKSON: So, in other words, even though you're not in the bio material expert section of the lab, you certainly would have noted if there was skin or biological material or obvious blood on glass pieces. You were looking at them in many cases through a stereo microscope. Correct.
MS. HANLEY: Yes. I would have made note of observations of anything that I would have noted on the surface.
MR. JACKSON: Great. And you did not because you didn't see anything. It was suggestive of that, right?
MS. HANLEY: I think I just made note — I have to check each item, but I think I did note that there was some dirt debris on some of the items, but not biological material. I did not note anything that would be maybe consistent with that.
MR. JACKSON: Great. Thank you. I want to talk about the comparisons that you did. And you'll forgive me, I'm a visual learner. So I'd like to talk about it in four categories. Linear categories. Category one, item 3-2. Category 2, item 3-3. Category 3, item 7-12. Category 4, item 7-14. 3-2, 3-3, 7-12, 7-14. Can we talk about them in those particulars?
MS. HANLEY: Sure.
MR. JACKSON: Okay. 3-2 was the cup. Correct.
MS. HANLEY: That's correct.
MR. JACKSON: Okay. And I'm going to use the word cup rather than glass for obvious reasons. You can get confused by that. So when I say the cup, do you know what I'm talking about? Item 3-2.
MS. HANLEY: Great.
MR. JACKSON: 3-3 are the five items that were found on the bumper. Claimed to have been found on the bumper by MSP crime. Okay.
MS. HANLEY: Yes. Five items A, B, C, D, and E.
MR. JACKSON: Correct.
MS. HANLEY: Correct. Item 7-12 are items — nine items, glass items that were recovered at 34 Fairview by Trooper Bukhenik in an evidence envelope.
MR. JACKSON: Correct.
JUDGE CANNONE: Sustained as to who they were recovered from.
MR. JACKSON: Sure. Did you receive the items along with an evidence envelope?
MS. HANLEY: I need to double check if it was an envelope, but I received it packaged.
MR. JACKSON: Okay. And the packaging — normally, under normal circumstances, the packaging comes with labels. It gives you reference about where things came from. For instance, when Mr. Lally asked you, did — were you aware, or did you become aware, that items were claimed to have been found on the bumper? You didn't actually find those items, but that's what you were — that was the description you were given.
MS. HANLEY: Correct. That was the description of the item in our LIMS system.
MR. JACKSON: Okay. And going back to 7-12, that's our third category. Was that described as nine pieces of glass that were found at 34 Fairview by a sergeant by the name of Bukhenik? Or do you recall that?
MS. HANLEY: I am not sure who recovered them.
MR. JACKSON: Well, what it said on the evidence envelope — that's what I'm asking.
MS. HANLEY: I would have to check my photos to see if it says that.
MR. JACKSON: We'll get to that in just a second. But fair enough. 7-12, nine items. A, B, C, D, E, and if my memory serves, I, K, and L — I'd have to refer to my notes to...
JUDGE CANNONE: Can you please?
MS. HANLEY: Yes. So, the nine pieces of glass from 7-12 were labeled A, B, C, D, E, F, I, K, and L.
MR. JACKSON: Great. And then finally, what was in 7-14?
MS. HANLEY: That's an easy one. One piece of glass.
MR. JACKSON: That's correct. Okay. May I approach?
JUDGE CANNONE: Yes.
MR. JACKSON: If I could, Miss Hanley, I'm going to hand you photographs that should be two photographs of the exact same thing. Do you recognize what is depicted in that photograph?
MS. HANLEY: I've never seen — I did not take this photo. So I'm not — I haven't seen them, so I don't know.
MR. JACKSON: So I'm asking you to look. I know you haven't seen that photo. Does it look like the cup?
MS. HANLEY: It looks consistent with the cup.
MR. JACKSON: Okay. Take a look at the second photo. Do you recognize what's depicted in that photo?
MS. HANLEY: I again did not take this photo. It just appears to be a photo of a container that another analyst took a photo of item 7-12. And item 7-12 once again included plastic pieces and nine glass pieces.
MR. JACKSON: Correct.
MS. HANLEY: Correct.
MR. JACKSON: Do you see the evidence label on the very top of that evidence envelope?
MS. HANLEY: I'm not sure which label you're talking about under the red tape.
MR. JACKSON: Yes. Does that appear to be a label marker that's done to maintain chain of custody?
MS. HANLEY: I think that label — sorry. Sure.
JUDGE CANNONE: Can we bring these over?
COURT OFFICER: Sure.
JUDGE CANNONE: Jurors, sometimes we're at [unintelligible] in an effort to try and speed things up. So, even though we take your time that way, this should make things move a little easier. So, you can cut back from that.
MR. JACKSON: Thank you, Miss Hanley. I was asking you previously — we've already looked at what's been marked for identification as GGG. I was asking you about what has now been marked as HHH. If you'll just look at that, what I'm most interested in is do you see a name — a trooper's name — in the middle of that evidence bag?
MS. HANLEY: Yes, I do.
MR. JACKSON: Is that Bukhenik?
MS. HANLEY: It looks like it says that. Yeah.
MR. JACKSON: Okay. And just so we're clear, that bag is associated with 7-12 of your analysis. Item 7-12, correct?
MS. HANLEY: Yes. Again, I didn't take this photo, but I recognize that photo. Yes.
MR. JACKSON: Yeah, that's all I need. Taking a look at what's been marked as III for identification. Do you see a name associated with that evidence bag?
MS. HANLEY: Yes.
MR. JACKSON: What name is that?
MS. HANLEY: It's actually a little hard to read. It looks like it says — it could say Trooper Proctor.
MR. JACKSON: Okay. And that is associated with 7-14, our fourth category.
MS. HANLEY: Correct. It is labeled as — excuse me — 7-14.
MR. JACKSON: Thank you. And finally, does that which has been marked for identification at least as JJJ — does that appear to be the contents of that bag which is a single piece of glass in 7-14?
MS. HANLEY: This appears to be the photo that the analyst prior to me took of item 7-14, and that would be analyst Vallier.
MR. JACKSON: Correct. You see her initials there?
MS. HANLEY: Yes.
MR. JACKSON: Thank you. So the four categories — just so we're clear and we can stop using so many numbers because they can get confusing. 3-2 is the cup, right?
MS. HANLEY: Yes.
MR. JACKSON: 3-3 is the bumper glass.
MS. HANLEY: Correct. That is correct.
MR. JACKSON: 7-12 is the Bukhenik glass. Correct? You just looked at it.
MS. HANLEY: Yes. Okay.
MR. JACKSON: 7-14 is the Proctor glass, the single piece.
MS. HANLEY: Correct. Correct.
MR. JACKSON: So when I make reference to those items by those names, you'll know what I'm talking about.
MS. HANLEY: Yes. No, I'm just used to referring to them by the item numbers, but I will try to stay with you.
MR. JACKSON: My brain will melt if we continue that way.
JUDGE CANNONE: Can she do it both, Mr. Jackson?
MR. JACKSON: Sure. Sure.
JUDGE CANNONE: Any way that you wish.
MR. JACKSON: I have another document that I would like to approach with, if I could, with the court's permission.
JUDGE CANNONE: Okay.
MR. JACKSON: Thank you. I'd like you to take a look at that. Have you ever seen that before or a variation of it?
MS. HANLEY: Yes.
MR. JACKSON: Saw last year, correct? Or something close to it last year.
MS. HANLEY: Yeah, it looks consistent.
MR. JACKSON: Okay. I'm sorry.
JUDGE CANNONE: Okay. If there are any others, Mr. Jackson, why don't we bring all the—
MR. JACKSON: This is it. So I think I gave somebody the copy that I was using. I need a copy. I will — if I may approach.
JUDGE CANNONE: Yes.
MR. JACKSON: Thank you. All right. So let's mark this first for identification.
JUDGE CANNONE: Happy to.
COURT CLERK: KKK for ID.
MR. JACKSON: Miss Hanley, if I could ask you very briefly, I want to go through this chalk with you for a moment. Do you recognize something on the left? Looking at the first category, do you see 3-2?
MS. HANLEY: Yes.
MR. JACKSON: How is that described?
MS. HANLEY: It's described as a cup.
MR. JACKSON: Okay. And you see that there's a photographic representation of the cup just above it.
MS. HANLEY: Correct. It looks consistent with—
MR. JACKSON: Moving to the second category. What category is that?
MS. HANLEY: It's item 3-3.
MR. JACKSON: And 3-3. First of all, there's a photograph above it. Do you see that?
MS. HANLEY: Yes.
MR. JACKSON: Appears to be of a bumper.
MS. HANLEY: Correct. Yes.
MR. JACKSON: You didn't take that picture.
MS. HANLEY: I did not.
MR. JACKSON: Okay. Let's look down beneath it. You indicated that there were five items in 3-3. A, B, C, D, and E. Correct.
MS. HANLEY: Correct.
MR. JACKSON: Do you see A, B, C, D, and E represented in that category on this chalk?
MS. HANLEY: I do see A, B, C, D, E categorized. Yes.
MR. JACKSON: Great. Under A, you previously testified that the bumper glass sub A in 3-3 did not match the cup.
MS. HANLEY: Correct. That's correct.
MR. JACKSON: Did not match anything in 7-12.
MS. HANLEY: Sorry, just give me one moment. That's correct.
MR. JACKSON: It did not match anything in 7-14.
MS. HANLEY: That's correct.
MR. JACKSON: And you see those represented by sort of the international symbol for negative.
MS. HANLEY: Correct. The circle with a line through it.
MR. JACKSON: Correct. Yes. Okay. Under subcategory B, glass B or item 3-3B. Did not match the cup. Did not match 7-12. Did not match 7-14.
MS. HANLEY: That's correct.
MR. JACKSON: Is that accurately represented on the chalk?
MS. HANLEY: Yes.
MR. JACKSON: Finally, uh, with regard to E — as in echo — in that same item, 3-3, you see that there is a green indication that glass recovered by Trooper Proctor does match, or did match in your analysis, or was consistent with item 7-14. Correct.
MS. HANLEY: It was consistent um microscopically and instrumentally.
MR. JACKSON: Does that accurately reflect that finding on this chalk?
MS. HANLEY: Yes.
MR. JACKSON: Okay. Now turning to category three. There were nine pieces of glass that you looked at. Correct.
MS. HANLEY: Correct.
MR. JACKSON: A through F, I, K, and L. Is that right?
MS. HANLEY: Um, if I could just reference my report to make sure.
MR. JACKSON: Of course.
MS. HANLEY: Yes, those are the correct letters. And A, B, C, D, F, and K all matched the cup. Correct. Um, again, I would just need to confirm with my report.
MR. JACKSON: Take your time.
MS. HANLEY: Uh, yes. So um, A, B, C, D, F, and K uh all match the cup. Had a physical match to 3-2, the cup.
MR. JACKSON: Is that accurately represented on this chalk?
MS. HANLEY: Yes.
MR. JACKSON: And E — as in echo — I — as in India — and I think that's L — as in Lima — did not match.
MS. HANLEY: Okay. Correct. That's correct.
MR. JACKSON: Okay. Is that accurately represented on this chalk?
MS. HANLEY: Yes.
MR. JACKSON: And finally, the last category, 7-14. That is the single piece of glass that was recovered by Trooper Proctor. That did not match the cup and it did not match anything in 7-12. Correct. If you need to check your notes, feel free.
MS. HANLEY: Yes, that's correct.
MR. JACKSON: Is that accurately represented on the chalk?
MS. HANLEY: Yes.
MR. JACKSON: I would move for the admission, uh, with the amendment that the court indicated at sidebar, um, of Exhibit KKK.
JUDGE CANNONE: Okay. I'm going to allow it in. 205. 205. Yeah. Okay. Come on over for a second. Actually — have those redactions — have those been done? [unintelligible]: It has been done and I was going to expl— All right, then. Come on over. [unintelligible]: 205. Thank you.
MR. JACKSON: Request permission to publish.
JUDGE CANNONE: Yes.
MR. JACKSON: Miss Hanley, you see the chalk — or actually what's been marked as Exhibit 205 — uh in evidence on the screen?
MS. HANLEY: Yes.
MR. JACKSON: Is that consistent with what you and I were just talking about at the witness stand?
MS. HANLEY: Yes.
MR. JACKSON: If you'll direct your attention to the screen on the right, uh, just because it's a little easier and I think the laser pointer shows up a little better. Uh, do you see the four categories represented uh in this uh exhibit?
MS. HANLEY: Yes.
MR. JACKSON: Okay. So 3-2 — I'm going to go over it very quickly one more time just visually. 3-2 on the left is the cup. Correct?
MS. HANLEY: Yes.
MR. JACKSON: 3-3 represents the five pieces of glass — what we've called the bumper glass — A, B, C, D, and E. Correct.
MS. HANLEY: Yes.
MR. JACKSON: 7-12 is the nine pieces of glass recovered by Trooper Bukhenik at 34. Correct.
MS. HANLEY: Yes.
MR. JACKSON: And finally, 7-14 is the single piece of glass recovered by Trooper Proctor. Correct.
MS. HANLEY: Yes.
MR. JACKSON: Taking these one by one — starting with the bumper glass, category 2 — piece A did not match the cup, anything in 7-12, or anything in 7-14. Correct.
MS. HANLEY: That's correct.
MR. JACKSON: Piece B did not match the cup, did not match anything in 7-12, did not match anything in 7-14. Correct.
MS. HANLEY: That's correct.
MR. JACKSON: And moving over to category three, there were some matches in these nine items — six of them: A, B, C, D, F, and K. Correct?
MS. HANLEY: Yes.
MR. JACKSON: But what did those match? The cup? Nothing on the bumper. Correct.
MS. HANLEY: Correct.
MR. JACKSON: And what didn't match the cup were E, I, and L. Is that right?
MS. HANLEY: That's correct.
MR. JACKSON: Moving back to category two, however, there was one item — item E — that did match something in this series of categories. Isn't that right?
MS. HANLEY: Um, uh, not a physical match, but instrumentally there was consistency.
MR. JACKSON: All right. And this is — the only piece of bumper glass — the only piece of bumper glass to match anything else in your analysis — matched what? Was consistent with what?
MS. HANLEY: Um, so um, item 3-3, piece E was consistent um in physical and instrumental properties with the sample that I took from item 7-14, which is the single piece of glass recovered by Michael. Correct. Uh, yes.
MR. JACKSON: But not a single piece of glass — nothing that you analyzed coming from that bumper matched the cup. Did it?
MS. HANLEY: Nothing. Um, in a physical match comparison, there was no physical match comparison to the cup.
JUDGE CANNONE: Are we done with this, Mr. Jackson?
MR. JACKSON: Uh, we can take this down, your honor. Your honor, that's all I have.
JUDGE CANNONE: Thank you, Mr. Jackson.
MR. LALLY: Now, Miss Hanley, as far as — you were asked some questions on cross-examination about biological pieces or tissue or things being on the glass, and you referenced that that was done in another unit. Correct?
MS. HANLEY: Yes.
MR. LALLY: If, uh, that type of examination was needed, that would be done in a —
MS. HANLEY: Different unit.
JUDGE CANNONE: I'm going to allow that. But next question — which unit would that be conducted in?
MR. JACKSON: Objection.
JUDGE CANNONE: The objection is sustained. You need more before you move on.
MR. LALLY: Now, as far as the chalk that you were just presented, um, as far as the four photographs that were depicted in there, have you ever seen any of those four photographs before?
MS. HANLEY: No.
MR. LALLY: Do you know specifically who or where any of the items — 3-2, 3-3, 7-12, or 7-14 — were physically recovered from?
MS. HANLEY: I just have the description um that's put in the LIMS system when it's submitted to the lab.
MR. LALLY: And do you know that 3-2, the drinking glass, was recovered by the Canton Police Department on January 29th, 2022?
MR. JACKSON: Objection.
JUDGE CANNONE: Sustained.
MR. LALLY: Do you know that item 3-3, the bumper glass, was recovered by Miss Maureen Hartnett from your lab on February 1st, 2022?
JUDGE CANNONE: Sustained.
MR. LALLY: Do you know that each of the four items were recovered by different people on different dates at different locations?
MS. HANLEY: Yes.
MR. LALLY: And Miss Hanley, from your conclusions that you testified about before — you found that item 3-2, the drinking glass, was consistent with six different pieces from item 7-12 that were found in the roadway outside of 34 Fairview Road. Correct.
MS. HANLEY: That's correct.
MR. LALLY: And you also found that piece E from item 3-3, the bumper glass, was consistent with the single piece from item 7-14 that was found in the roadway outside of 34 Fairview Road. Is that correct?
MS. HANLEY: Yes, that's correct.
MR. LALLY: And you also found that items from 7-18, the debris from Mr. O'Keefe's clothing, were consistent with item 3-1, the tail light housing. Correct.
MS. HANLEY: Yes.
JUDGE CANNONE: Sustained as to form.
MR. LALLY: Now, as far as the chalk that you were presented with on cross-examination, was there anything in there about item 7-18 or item 3-1, either the tail light housing or the debris from Mr. O'Keefe's clothing?
MS. HANLEY: No, there was not.
MR. LALLY: Nothing further.
JUDGE CANNONE: Anything?
MR. JACKSON: Very briefly. So in sum, not a single piece of glass on that bumper can be connected to that cup. Correct.
MS. HANLEY: Correct. To, uh — there was no physical match to the pieces that I compared for physical match from the bumper. Um, there was no physical match to the glass cup, 3-2. 3-2.
MR. JACKSON: Another way of saying that — not a single piece of glass that you analyzed on that bumper matched —
JUDGE CANNONE: Sustained.
MR. JACKSON: But the one piece of glass that did match something came from the same source. It was consistent with coming from the same source as the single piece of glass recovered from — the possession of, or bagged by — Trooper Michael. Correct.
MS. HANLEY: It was consistent with item 7-14.
MR. JACKSON: That's all.
JUDGE CANNONE: All right, Miss Hanley, you are all set. I'm going to see counsel for a minute. Feel free to stand up and stretch. All right. So, jurors, I know you don't like it when we're in sidebar. Um, we don't like it when we're in sidebar, but I can tell you that after speaking to the lawyers now, we're ahead of schedule. And they've worked very hard to get us to this point where we're ahead of schedule. So that tomorrow, instead of being a half day, you have tomorrow off. So you have tomorrow and Friday — a good long weekend. Um, it's very, very important: do not discuss this case with anyone. Don't say a word about this case. Um, don't let anybody say anything to you about this case. Uh, don't do any independent research or investigation into this case.
JUDGE CANNONE: If you happen to see, hear, or read anything about this case, please disregard it and let us know. Um, I believe next week, except for Thursday, are full days every day. Um, watch your social media use this weekend as well. Have a great long weekend. We'll see you here Tuesday morning. Ready to go.
COURT OFFICER: All rise for the jury.