1 Q. Okay. The deadline you had was in December
2 of 2004, correct?
3 A. I’m sorry, 2004. That is correct.
4 Q. My astute colleagues here.
5 The teams that were responsible for further
6 developing or examining the magazines and their
7 contents for latent fingerprints in the North County
8 would have been who; do you know?
9 A. They would have been Detective Sutcliffe and
10 I.D. Technician Torres.
11 Q. And in the South County, who did you use?
12 A. Detective Wittenbrock and Michelle Shelley.
13 Q. And what was the procedure from that point
14 forward, if you know?
15 A. Once I was through assembling the magazines
16 back into the binder, in the individual page
17 protectors, they were either sent to Santa Maria or
18 they were kept in-house and then processed for
19 latent fingerprints using what’s known as a RUVIS
20 Scenescope to look for, develop and stabilize super
21 glue prints on the pages. The pages were then
22 subjected to a ninhydrin process to attempt to
23 further develop any fingerprints.
24 When these two processes were completed, the
25 magazine pages were then reinserted into the plastic
26 sleeves, placed back into the binders, and the
27 binders were then correlated by myself, accounted
28 for, and then booked back into the evidence room. 3659
1 Q. Okay. If a latent fingerprint was
2 identified by one of the teams, meaning Detective
3 Sutcliffe’s team or Detective Wittenbrock’s team,
4 what would they do with that image?
5 A. Okay. All images which they found, either
6 using the Scenescope or the ninhydrin process, were
7 photodocumented. Those photographs were then either
8 placed on a CD disk in Santa Maria and sent down to
9 Santa Barbara for evaluation, or if Detective
10 Wittenbrock photographed the images, he would take
11 the photo card out of the digital camera, go to the
12 Santa Barbara computer, download images in the Santa
13 Barbara computer system.
14 Q. Were those images saved by file number?
15 A. Yes, they were. Each individual item
16 number, or each individual magazine, pamphlet, page,
17 whatever, each had an individual item number.
18 The fingerprints which were -- photographs
19 on those were marked. And when the photographs were
20 taken, and they were saved under a particular --
21 under the file number for that particular item of
22 evidence.
23 Q. How many total images of latent prints did
24 the teams of Sutcliffe -- Detective Sutcliffe and
25 Detective Wittenbrock provide you for a comparison?
26 A. Approximately 706.
27 Q. And out of those 706 potential latent
28 prints, how many did you find were usable to make 3660
1 fingerprint comparisons?
2 A. 178 were found to be usable for latent
3 comparison purposes. However, some of those were
4 latent palm prints, not fingerprints.
5 Q. Okay. Of the latent fingerprints --
6 generally, could you explain for the jury what it is
7 that, in your opinion, makes a latent fingerprint
8 usable for a comparison?
9 A. A latent fingerprint needs to have
10 sufficient quality and clarity to locate and
11 identify a sufficient amount of Level II detail, and
12 it also has, in my estimation, and what I would like
13 to see is sufficient detail to at least show basic
14 Level I details so the pattern type can be
15 determined.
16 Q. Turning your attention back to Exhibit 743,
17 744 and 745, did you use the fingerprints cards from
18 the individuals listed, Michael Jackson, Gavin
19 Arvizo and Star Arvizo, to compare against the 178
20 fingerprints that were recovered that you felt were
21 usable?
22 A. Yes, we did.
23 Q. Okay. And out of the 178 usable prints, did
24 you find matches on a number of latent prints?
25 A. We were able to identify 19 of the 178.
26 Q. And you categorized those as positive
27 identifications?
28 A. Yes, sir. 3661
1 Q. Okay. Were there a number of fingerprints
2 that you did not come to a conclusion about?
3 A. Yes, there were.
4 Q. And approximately how many, please?
5 A. I believe there were seven.
6 Q. When you initially began your comparison
7 process, could you describe for the jury the
8 different steps that you took?
9 A. When --
10 Q. Let me rephrase that. That will take you
11 somewhere else.
12 When you initially began comparing a latent
13 print to some of these known prints from the three
14 individuals we named, did you look at them with the
15 intention of going back through the material over
16 and over again?
17 A. When we first did the -- when we first went
18 through the first ones, what we did was we went
19 through an initial evaluation and located prints
20 which we felt could be an identification, and we
21 marked those.
22 And when we finished going through all the
23 prints that came down on an individual CD disk for
24 that day or the two days, then we would go back to
25 the ones that we were interested in and re-review
26 those fingerprints.
27 Q. Okay. So they would get a first look, and
28 then a more thorough look at a later time? 3662
1 A. Yes, sir, they would.
2 Q. You keep saying “we.”
3 A. Myself and Identification Technician Lisa
4 Hemman.
5 Q. When you finally sat down to compare a
6 fingerprint to -- a known fingerprint to a latent
7 fingerprint that you were examining, how did you and
8 Lisa Hemman coordinate that?
9 A. Well, initially, during the initial
10 evaluation, we were both watching or both looking at
11 a computer screen where the disk -- the images were
12 being brought up one at a time. And we each had
13 individual copies of the ten-prints -- ten-prints
14 for the three individuals involved in this case,
15 meaning Gavin Arvizo, Star Arvizo and Mr. Jackson.
16 As we went through the latent fingerprints,
17 again, as I said before, we identified some which
18 could be identifiable to one of the three people.
19 We would note that, and then -- for a later
20 evaluation.
21 What would happen, during the later
22 evaluation process, I.D. Technician Hemman would
23 take the latent fingerprint, which we felt was a
24 usable and comparable latent to a particular inked
25 fingerprint or known fingerprint, and make a
26 side-by-side comparison set up on a computer screen.
27 We would then go through that side-by-side
28 comparison independently, looking for Level II 3663
1 details and marking that detail with one of us being
2 outside of the room when the other was doing it.
3 After we were both finished, we would then
4 compare our results and see if there was a problem
5 or whether the identification was valid or whether
6 it was not valid.
7 Q. Is that the “V” part of the ACE-V process?
8 A. It would be -- yes, it would be the “V”
9 process, the verify. What we did initially when we
10 looked at the fingerprints on the computer screen,
11 we were just looking for latents alone with the
12 ten-print fingerprint cards.
13 Q. How is it that Senior I.D. Technician Hemman
14 could mark on the computer where she thought points
15 of comparison were and you would come in later and
16 not see those marks?
17 A. We were using a program called Adobe
18 Photoshop, and in that particular program you can
19 create what they call layers. She would make two
20 layers. One layer would be her layer, one layer
21 would be my layer. And she would turn her layer on
22 and put the marks down on where she thought the
23 appropriate Level II detail was located to make an
24 identification, or nonidentification as the case may
25 be, for this particular fingerprint. She would then
26 turn that layer off, turn my layer on.
27 I would go in, I could not see her marks. I
28 would then put my marks down. When I was finished, 3664
1 I would advise her of what we did -- that I was
2 finished, rather, and we would both get together.
3 She would turn both layers on and we would see if we
4 were in agreement.
5 Q. Is that a fairly standard way of doing
6 things these days in the field of fingerprint
7 comparison is using the computer?
8 A. Yes, sir. We used to use what they call a
9 fingerprint comparator. It’s a visual
10 projection-type device where you would do basically
11 the same thing, but it was more mechanical. You’d
12 work on a plastic screen with a water-soluble pen.
13 Here we just basically use a computer and a
14 dedicated program, like Adobe Photoshop, to do the
15 same thing.
16 Q. I’m going to approach you with an exhibit.
17 THE COURT: Let’s take our morning break.
18 (Recess taken.)
19 THE COURT: All right. Counsel, go ahead.
20 MR. NICOLA: Thank you, Your Honor.
21 Q. Detective Spinner -- Detective Spinner, I’ve
22 put a number of boards up here. Can you reach the
23 ones closest to your right, and on that first board,
24 can you read the exhibit number, please?
25 A. 735.
26 Q. Do you recognize the latent image in that
27 picture?
28 A. There’s an item listed as being taken on 3665
1 Item 317-U, union, Latent No. 1.
2 Q. Did you make a comparison of that print in
3 this case?
4 A. Yes, we did.
5 Q. Did you come to any conclusions when you
6 made your comparison of that fingerprint?
7 A. Yes, we did.
8 Q. Can you turn to the next exhibit, please.
9 Are you looking at Exhibit 757?
10 A. Yes, I am.
11 Q. And what is depicted in that exhibit?
12 A. It is a charted latent fingerprint
13 comparison between the photograph from Item 317-U,
14 union, page ten, Quadrant 16, Latent 1, against a
15 known fingerprint of Gavin Arvizo’s right middle
16 finger.
17 Q. So you were able to identify Gavin Arvizo’s
18 right middle finger on Exhibit -- a magazine labeled
19 317-U?
20 A. Yes, sir, we were.
21 Q. Okay. Coming to your opinion that that is
22 his fingerprint, did you present our office with a
23 Power Point presentation to help explain that to the
24 jury?
25 A. Yes, we did.
26 MR. NICOLA: Your Honor, if I may have
27 “Input 1,” please. I’d like to show it to the jury,
28 please. 3666
1 Q. Take a look up at the screen.
2 THE COURT: What’s the exhibit number on the
3 presentation?
4 THE WITNESS: 757, Your Honor.
5 MR. NICOLA: Did you -- I left them with the
6 court reporter for some strange reason, Judge.
7 It’s going to be next in order, Exhibit No.
8 772.
9 Q. I’m going to go right to -- thank you --
10 this image.
11 That was the latent fingerprint that you
12 compared.
13 A. That’s affirmative, sir, yes.
14 Q. Okay. And I want you to guide me through
15 this. What is this?
16 A. That is the known inked impression from the
17 right middle finger of Gavin Arvizo.
18 Q. And what does this image depict?
19 A. Okay. This is where -- an identification of
20 12 charted points of identification which we found
21 within this particular fingerprint which we compared
22 to the latent fingerprint.
23 Q. Is that what’s shown on the screen?
24 A. Yes, sir. That -- No. 1 is an upward moving
25 ending ridge.
26 Q. Okay. Did you compare an entire finger pad
27 against an entire finger pad when you made your
28 comparison? 3667
1 A. No, sir. In this case, we had the right --
2 or the left side of the completely rolled finger,
3 which included from a little bit inside the delta
4 area, which is the area I just pointed to, to this
5 area, up into the top and down below the delta area.
6 Q. Okay. Can you explain what’s on this next
7 slide, please?
8 A. That is where the second characteristic is
9 located and charted, and that is also an ending
10 ridge, and it’s a downward thrusting ending ridge.
11 Q. And this image?
12 A. No. 3 is also a charted ending ridge. It
13 would be an upward thrusting ending ridge.
14 Q. No. 4?
15 A. Four is another ending ridge, again in the
16 same spatial relationship to the other three, and
17 it’s also an upward thrusting ending ridge.
18 Q. No. 5, please?
19 A. Five is another ending ridge, again in the
20 same spatial and ridge count relationship with No.
21 4, 3, 2 and 1, and it’s also a downward thrusting
22 ending ridge.
23 Q. No. 6?
24 A. Six is also an ending ridge, downward
25 thrusting, in the same spatial relationship as the
26 first five.
27 Q. No. 7?
28 A. Seven is a bifurcation, which again is two 3668
1 ridges flowing into one. It’s an upward moving
2 bifurcation, in other words, opens downward, and
3 it’s in the same spatial relationship as the first
4 six items.
5 Q. Okay. And eight?
6 A. Eight is an ending ridge. It’s an upward
7 thrusting ridge, again in the same spatial
8 relationship to 1 through 7.
9 Q. Nine?
10 A. Nine is a bifurcation. It’s a downward
11 opening, upward moving bifurcation, again in the
12 same spatial relationship with the previous items.
13 Q. Ten?
14 A. Ten is another bifurcation, opening
15 downward, in the same spatial relationship as 1
16 through 9.
17 Q. 11?
18 A. 11 is an ending ridge, coming up just inside
19 of the delta area. It’s an upward flowing ending
20 ridge and having the same spatial relationship as
21 the previous mentioned items.
22 Q. No. 12?
23 A. 12 is a bifurcation. It’s just above the
24 delta area, and again with the same spatial
25 relationship, having -- with the other items.
26 1 through 12 all have the same spatial and ridge
27 count relationships.
28 Q. Okay. Is that essentially the procedure you 3669
1 went through to create Chart 757?
2 A. Yes, sir, it is.
3 MR. NICOLA: Your Honor, I’d like to move
4 757 into evidence.
5 THE COURT: It’s admitted.
6 Q. BY MR. NICOLA: The next two exhibits I’d
7 like to show you are 726 and 748. Do you recognize
8 726?
9 A. Yes, sir, I do.
10 Q. And what is that, please? Explain to the
11 jury.
12 A. It’s a latent fingerprint that was
13 photodocumented from Item 317-L, page 126, marked as
14 Latent No. 1.
15 Q. Okay. What’s the next board? 748?
16 A. 748, yes, sir.
17 Q. And is that your comparison between the
18 image in 723 (sic) and somebody’s fingerprint?
19 A. Yes, it is.
20 Q. Tell the jury what that comparison is of,
21 please.
22 A. This is a latent fingerprint comparison
23 between the latent fingerprint photodocumented on
24 Item 317-L, page 126, marked Latent No. 1, and the
25 right index finger of Star Arvizo.
26 Q. Okay. Did you prepare a Power Point
27 presentation as an example of that one as well?
28 A. Yes, sir, one was prepared. 3670
1 MR. NICOLA: Okay. The Star Arvizo Power
2 Point, Your Honor, is Exhibit 773.
3 While that is loading -- there it is. Yes,
4 it’s taking its time.
5 Q. This was the latent fingerprint of Star
6 Arvizo found on Item 317-L, the magazine “Finally
7 Legal”?
8 A. Correct.
9 Q. And is that --
10 A. That is the latent fingerprint from Item
11 726, which is the latent fingerprint we photographed
12 on page 317-L, page 126, marked as Latent No. 1.
13 Q. Okay. And this is?
14 A. That is the right index fingerprint, as
15 photographed, of Mr. Star Arvizo.
16 Q. And is it where your comparison began?
17 A. That’s where we started making the chart,
18 yes, sir.
19 Q. Okay. I’d like you to explain whether these
20 images are to scale relative to the normal human
21 being and relative to each other.
22 A. No, these are cropped and expanded. And the
23 scaling between the fingerprint or the known print
24 on the left and the latent print on the right is --
25 the one on the right is slightly smaller.
26 Q. Okay. Is that the same for the previous
27 presentation? The scaling is different between the
28 two? 3671
1 A. It could be, yes, sir.
2 Q. The board is right there if you want to look
3 at it.
4 A. The scaling on this one would be just
5 slightly reversed. The latent is a little larger
6 than the known inked print.
7 MR. SANGER: When you say “this one” --
8 Your Honor, could we have a clarification as to what
9 exhibit the witness is looking at?
10 THE WITNESS: The 757.
11 MR. SANGER: Thank you.
12 Q. BY MR. NICOLA: Could you describe what
13 Point No. 1 is, please?
14 A. Point No. 1 is an upward thrusting ending
15 ridge.
16 Q. Okay. You mentioned earlier something about
17 a feature being in sequence, ridge sequence?
18 A. Ridges in sequence. That would be the
19 number of ridges basically between the two details,
20 such as we have an ending ridge at that location and
21 an ending ridge at that location, or bifurcation.
22 You follow this one down, the ridge line down, and
23 then you go over one to that, and here, starting at
24 “1” again, work your way up, and you have two ending
25 ridges flowing in the opposite direction.
26 Q. Okay.
27 A. So --
28 Q. Go ahead, you were going to finish. 3672
1 A. I was going to say, so you have to find the
2 same relationships in both the known print and the
3 latent fingerprint.
4 Q. Okay. Point No. 2?
5 A. Point No. -- Point No. 2 is a downward
6 flowing ending ridge three ridges up and over from
7 Point No. 1.
8 Q. Okay. And that’s the same on both images?
9 A. Yes, it is.
10 Q. And a third area of similarity?
11 A. That is also an ending ridge, which is two
12 ridges above Point No. 2.
13 Q. Okay. Area No. 4?
14 A. Four is another charted ending ridge, which
15 is at the other end of the short ridge starting at
16 Point No. 3.
17 Q. And as you’re examining these points, you’re
18 looking for the feature, the ridge sequence and the
19 spatial relationship between the two?
20 A. That’s correct.
21 Q. Okay. No. 5?
22 A. No. 5 is a bifurcation. This ridge actually
23 has a slight space here, but actually bifurcates
24 into this one, and then it comes out in this
25 direction. So 5 is the location of the bifurcation
26 of the two ridges actually split off from each
27 other.
28 Q. Okay. No. 6? 3673
1 A. Six is the ending ridge created by the short
2 ridge, which flows off the bifurcation underneath
3 the main ridge.
4 Q. And No. 7?
5 A. Seven is another ending ridge flowing across
6 the top from left to right, one ridge above the
7 previous ending ridge of six.
8 Q. And No. 8, please?
9 A. Eight is another ending ridge following the
10 furrow, or the white area, downward from 7 to 8.
11 And then it shows up there.
12 Q. The lines on the latent fingerprint, the
13 image on the right, the white areas correspond to
14 the dark areas on the image on the left?
15 A. Yes, sir. That’s what happens when you
16 develop a latent fingerprint using cyanoacrylate, or
17 super glue. The super glue polymerizes with the
18 latent fingerprint moistures and turns the print
19 ridges actually white, and the furrows are actually
20 a darker color.
21 Q. Okay.
22 A. Just reversed from your normal fingerprint.
23 Q. So a light area on the image on the left
24 would be a dark area on the image on the right?
25 A. That’s correct.
26 Q. No. 9, please?
27 A. No. 9 is an ending ridge at this location
28 four ridges down from No. 6. 3674
1 Q. No. 10, please?
2 A. Ten is a bifurcation where two ridges fuse
3 together to form one, six ridges down from No. 9.
4 And the same spacing as this one.
5 Q. How about No. 11?
6 A. 11 is another bifurcation. It’s a downward
7 opening bifurcation on the second ridge down, just
8 above the re-curve forming the core.
9 Q. And No. 12?
10 A. 12 is an upward thrusting ending ridge and
11 the furrow just to the right of Item No. 11.
12 Q. Is it common nomenclature to call these
13 “points of comparison,” or is there some other term
14 you refer to them refer to them to?
15 A. I refer to them as “identifiable
16 characteristics.” Some people refer to them as
17 “Galton details.” Some people refer to them as
18 “unique details.” They’re all synonymous.
19 Q. With this particular fingerprint match, did
20 you find only 12 -- what did you call them?
21 A. Characteristics.
22 Q. -- characteristics of individualization?
23 A. Yes. There were additional characteristics
24 located.
25 Q. Approximately how many?
26 A. 25.
27 Q. There were 25 points that matched?
28 A. Yes, sir. 3675
1 Q. I’m going to end this one and start loading
2 the other, so....
3 Do you have a fingerprint comparison up
4 there where you found a match on one of Michael
5 Jackson’s prints?
6 A. Yes.
7 Q. Would you please state for the record what
8 the latent print exhibit number is?
9 A. It’s Item 727.
10 Q. And the print comparison chart corresponding
11 to that item is?
12 A. 749.
13 MR. NICOLA: Your Honor, I request Item 748,
14 the charts depicting the match of Star Arvizo, be
15 admitted into evidence.
16 THE COURT: It’s admitted.
17 Q. BY MR. NICOLA: Item No. 727, where was that
18 latent taken from?
19 A. This item was from Item 317-O, ocean, page
20 two, Latent No. 1.
21 Q. And did you prepare a Power Point
22 presentation for that as well?
23 A. Yes, sir, one was prepared.
24 THE COURT: Is it ready?
25 MR. NICOLA: It is. Thank you, Your Honor.
26 Q. And is that the latent fingerprint image
27 that you used for your comparison?
28 A. Yes, sir, it is. And that is Mr. Jackson’s 3676
1 known left thumbprint.
2 Q. And this is a side-by-side comparison?
3 A. Yes, it is.
4 Q. Again, issues of scale remain the same?
5 A. The scaling is not totally accurate as far
6 as the -- totally the same exact size.
7 Q. Okay. And what is this identifying
8 characteristic?
9 A. That identifying characteristic is a ridge
10 ending which is one ridge above the re-curve forming
11 the core area of the fingerprint or the thumbprint.
12 Q. No. 2?
13 A. No. 2 is a bifurcation. If you follow No. 1
14 upward and to the left, you see where it fuses and
15 joins into the above ridge, forming the bifurcation
16 which opens from left to right.
17 Q. No. 3, please?
18 A. No. 3 is a ridge ending. Seven ridge counts
19 over from No. 2 that the Ridge No. 2 actually ends
20 on.
21 Q. No. 4, please?
22 A. Four is a bifurcation located above the
23 bifurcation for No. 2.
24 Q. No. 5, please?
25 A. Five is a ridge ending located in the upper
26 part of the print eight ridges above the ridge that
27 No. 3 is located on.
28 Q. No. 6? 3677
1 A. Six is another ridge ending located one
2 ridge above No. 5 and forward.
3 Q. No. 7?
4 A. Seven is a bifurcation which opens to the
5 right four ridges below No. 5.
6 MR. NICOLA: This is Exhibit 774, Your
7 Honor, the Power Point.
8 Q. Eight?
9 A. No. 8 is an ending ridge which is the lower
10 fork of the bifurcation marked at No. 7.
11 Q. No. 9?
12 A. Nine is a bifurcation which, if you count
13 down four ridges and go slightly forward, it fuses
14 into the ridge one ridge below.
15 Q. And No. 10?
16 A. Ten is a bifurcation. Count down one ridge
17 and then go to the right, and you find where two
18 ridges fuse together forming a bifurcation that
19 opens to the left.
20 Q. No. 11?
21 A. 11 is an ending ridge which is just below
22 the bifurcation at 10.
23 Q. And No. 12, please?
24 A. 12 is an ending ridge, which is the other
25 end of the short ridge from 11 to 12.
26 Q. Okay. And on this particular positive
27 identification, did you find more than 12?
28 A. We found a total of 17 total points. 3678
1 Q. Okay. And are those the red dots that you
2 put on the exhibit?
3 A. Yes, sir, they are.
4 Q. They’re very difficult to see in here. Are
5 they on your chart?
6 A. Yes, they are. And I can point them out
7 with a laser pointer, if you’d like, sir.
8 Q. Go ahead, please.
9 A. We have two ending ridges at this location.
10 An ending ridge at this location. Bifurcation at
11 this location. Another bifurcation at this
12 location.
13 Q. Is there a reason why not to chart more than
14 12 individualizing characteristics?
15 A. When I’m building a chart, and we don’t
16 build that many of them, I don’t like to put too
17 many lines in to mark every point because of the
18 probability of confusing people and have too many
19 lines running back and forth through the chart and
20 possibly crossing lines to get to all the points,
21 which then makes it very difficult to follow
22 backwards. So it was done for clarity.
23 MR. NICOLA: Okay. I think we’re done with
24 our slide show, Your Honor.
25 Q. Exhibit 749 is the exhibit that contains the
26 Power Point we just saw --
27 A. Yes, it is, sir.
28 Q. -- in chart format? 3679
1 I move 749 into evidence, Your Honor.
2 THE COURT: It’s admitted.
3 Q. BY MR. NICOLA: Do you recognize Exhibit
4 746, Detective Spinner?
5 A. Yes, I do.
6 Q. And what is depicted in Exhibit 746?
7 A. It is a fingerprint chart showing the latent
8 comparison between the latent fingerprint
9 photographed on Item 304-D, David, page 52, marked
10 Latent No. 1, and the left little finger of Mr.
11 Jackson.
12 Q. Did you make a positive identification?
13 A. Yes, we did.
14 MR. NICOLA: Move 746 into evidence.
15 THE COURT: It’s admitted.
16 Q. BY MR. NICOLA: Exhibit No. 747, do you
17 recognize that?
18 A. Yes, sir. That is a chart created showing
19 the identification made on the fingerprint which was
20 photographed on Item 317-L, Lincoln, page 31, marked
21 Latent No. 1, against the left middle finger of Star
22 Arvizo.
23 MR. NICOLA: Move 747 into evidence.
24 THE COURT: It’s admitted.
25 Q. BY MR. NICOLA: Exhibit No. 750?
26 A. Okay. No. 750 is item -- latent fingerprint
27 photographed on Item 317-R, Robert, page 54, Latent
28 1-N. And “N” indicates this is a 3680
1 ninhydrin-developed fingerprint, not a
2 super-glue-developed fingerprint.
3 MR. NICOLA: Your Honor, we’d move 750 into
4 evidence.
5 THE COURT: It’s admitted.
6 MR. NICOLA: Oh, I thought you did.
7 THE WITNESS: It’s a comparison against the
8 left thumb of Mr. Jackson and a positive
9 identification was made.
10 MR. NICOLA: Now we’d like to move it into
11 evidence, Your Honor, 750.
12 Q. Exhibit 751, do you recognize that?
13 A. 751 is a photograph of the latent
14 fingerprint photographed on Evidence Item 317-R,
15 Robert, page 92, marked Latent No. 1, with the left
16 little finger of Gavin Arvizo.
17 Q. Is that a positive identification?
18 A. Yes, it was.
19 Q. Exhibit No. 752, please?
20 A. 752 is a chart of the fingerprint comparison
21 made from the picture -- or the fingerprint
22 photodocumented on Item 317-R, Robert, page 92,
23 marked Latent No. 2, and it is -- it was compared
24 and identified, the left ring finger of Gavin
25 Arvizo.
26 Q. Is that a positive identification?
27 A. Yes, it is, sir.
28 Q. Exhibit 753, please? 3681
1 A. 753 shows a photograph of the latent
2 fingerprint located on Item 317-R, Robert, page --
3 excuse me, page 92, marked Latent No. 4. This
4 latent fingerprint was compared against the left
5 index finger of Gavin Arvizo and a positive
6 fingerprint comparison was completed.
7 MR. NICOLA: Move 751 in evidence.
8 THE COURT: It’s admitted.
9 Q. BY MR. NICOLA: Exhibit 754?
10 A. Exhibit 754 shows a photograph of a latent
11 fingerprint photographed on Item 317-S, Sam, page
12 62, Latent No. 1. This item was compared against
13 the right thumb of Mr. Jackson, and a positive
14 identification was completed.
15 MR. NICOLA: Move 754 into evidence, Your
16 Honor.
17 THE COURT: It’s admitted. It’s admitted.
18 MR. NICOLA: Did I move 752, Judge?
19 THE COURT: I don’t think so.
20 MR. NICOLA: Move it now, please.
21 THE COURT: It’s admitted.
22 Q. BY MR. NICOLA: Exhibit 755?
23 A. 755 shows a photograph of a fingerprint
24 photodocumented on Item 317-S, Sam, page 87, Latent
25 No. 1. It was compared and identified against the
26 left ring finger of Mr. Jackson.
27 Q. Is that a positive identification?
28 A. Yes, sir, it is. 3682
1 MR. NICOLA: We’d like to move 755 into
2 evidence.
3 THE COURT: It’s admitted.
4 Q. BY MR. NICOLA: Exhibit No. 756, please?
5 A. 756 shows a charted comparison using the
6 photograph of the fingerprint photographed on Item
7 317-T, Tom, page three, Latent No. 1, against the
8 left thumb of Mr. Jackson.
9 Q. The result of that comparison?
10 A. It was a positive identification.
11 MR. NICOLA: Move 756 into evidence.
12 THE COURT: It’s admitted.
13 Q. BY MR. NICOLA: Exhibit 758?
14 A. 758 shows a charted comparison between a
15 latent fingerprint photographed on Item 317-YY, or
16 yellow-yellow, page A, marked Latent No. 1. And it
17 was compared against the left index finger of Gavin
18 Arvizo.
19 Q. And the results?
20 A. It was a positive identification.
21 MR. NICOLA: Move 758 into evidence.
22 THE COURT: It’s admitted.
23 Q. BY MR. NICOLA: Exhibit 759?
24 A. 759 shows a charted comparison using the
25 fingerprint photographed from Item 321-A, Adam, page
26 three, marked Latent No. 1, against the known
27 fingerprint of the right thumb of Mr. Jackson.
28 Q. And the result of that comparison? 3683
1 A. It was a positive comparison.
2 MR. NICOLA: We’d like to move 759 into
3 evidence.
4 THE COURT: It’s admitted.
5 Q. BY MR. NICOLA: Exhibit 760?
6 A. 760 shows a charted comparison between a
7 latent fingerprint photographed on Item 321-A, Adam,
8 page 29, marked Latent No. 1, and the known
9 fingerprint of Mr. Jackson’s right thumb, and it was
10 a positive identification.
11 MR. NICOLA: Move 760 into evidence.
12 THE COURT: It’s admitted.
13 Q. BY MR. NICOLA: 761, please?
14 A. 761 shows a latent fingerprint photographed
15 on Item 321-E, Edward, page one, marked Latent 1,
16 and the known fingerprint of Mr. Jackson’s left
17 thumb, or left thumbprint.
18 Q. And the result of that comparison?
19 A. That was a positive comparison.
20 MR. NICOLA: I’d like to move 761 into
21 evidence.
22 THE COURT: It’s admitted.
23 Q. BY MR. NICOLA: Exhibit 762, please?
24 A. 762 shows -- is a charted comparison. It
25 shows a photograph of a latent fingerprint
26 photographed on Item 321-E, Edward, page seven,
27 marked Latent No. 1, compared against the known
28 right thumb of Mr. Jackson. 3684
1 Q. And the result of that comparison?
2 A. It’s a positive comparison.
3 MR. NICOLA: Move 762 into evidence.
4 THE COURT: It’s admitted.
5 Q. BY MR. NICOLA: Exhibit 763, please?
6 A. 763 is a charted comparison showing a latent
7 fingerprint photographed on Item 321-F, Frank, page
8 11, marked Latent No. 1, and the right thumb of Mr.
9 Jackson.
10 Q. And the result of that comparison?
11 A. It’s a positive comparison.
12 MR. NICOLA: Move 763 into evidence.
13 THE COURT: It’s admitted.
14 Q. BY MR. NICOLA: Exhibit 764, please?
15 A. 764 shows a latent fingerprint, which was
16 photographed on item -- correction, 363-M, Mary,
17 page 57, marked Latent No. 2, against the right --
18 known right thumb of Mr. Jackson.
19 Q. And the result of that comparison?
20 A. It was a positive comparison.
21 MR. NICOLA: Okay. Move 764 into evidence.
22 THE COURT: It’s admitted.
23 MR. NICOLA: At this time, Your Honor, I
24 would like to publish, via Power Point, Exhibit 746
25 through 764.
26 THE COURT: All right.
27 THE CLERK: Judge, he hasn’t moved 751 into
28 evidence. 3685
1 MR. NICOLA: Did I miss 751?
2 THE CLERK: You just didn’t ask to have it
3 received into evidence.
4 MR. NICOLA: If I missed 751, I would like
5 to move it into evidence at this time.
6 THE COURT: It’s admitted.
7 MR. NICOLA: Thank you, Judge.
8 If I may have “Input 1” again, Your Honor.
9 Q. If you could please compare what is on the
10 board to the exhibit in front of you and read the
11 exhibit number for the jury, please.
12 A. This exhibit number is Exhibit No. 746.
13 Q. Is that the positive identification you made
14 with Michael Jackson’s left little finger on page 52
15 of the magazine entitled “Barely Legal”?
16 A. Yes, sir.
17 Q. Okay. Move to the next exhibit, please.
18 Is that Exhibit 747?
19 A. That’s correct.
20 Q. Would you look at the screen, please?
21 Does that accurately depict the positive
22 identification of Star Arvizo’s left middle finger
23 on page 31 of the magazine entitled “Finally Legal”?
24 A. Yes, sir, it does.
25 Q. Are there additional points of comparison on
26 that aside from the 12 that you’ve marked?
27 A. Yes, sir, there are.
28 Q. How many total comparison points are on that 3686
1 exhibit, if you know, off the top of your head? You
2 may refer to your notes, if you wish.
3 THE BAILIFF: Mr. Nicola, you haven’t pushed
4 the appropriate button down there to magnify the --
5 THE WITNESS: 20 points of comparison.
6 Q. BY MR. NICOLA: And the next exhibit,
7 please?
8 A. 750.
9 Q. Does this show --
10 A. They’re out of order.
11 Q. Are they out of order?
12 A. (Nods head up and down.)
13 Q. Sergeant Spinner, do you remember those
14 exhibits I showed you earlier? Is the next one 748?
15 A. That’s correct. 748.
16 Q. And that would be a comparison --
17 A. Between the fingerprint found on Item 317-L,
18 Lincoln, page 26, Latent No. 1, comparing the
19 photographed latent fingerprint against the right
20 index finger of Mr. Star Arvizio.
21 Q. Arvizo?
22 A. Arvizo.
23 Q. And how many individualizing characteristics
24 did you find in that comparison?
25 A. 25.
26 Q. Would you please proceed to Exhibit 749?
27 A. I have it.
28 Q. Does Exhibit 749 show the identification of 3687
1 the defendant’s left thumb on the magazine entitled
2 Hustler “Barely Legal”?
3 A. Yes, sir, it does.
4 Q. How many individualizing characteristics on
5 this exhibit?
6 A. 17.
7 Q. I’d like to go to Exhibit 750 next.
8 Is this the identification of the
9 defendant’s left thumb -- or did I miss -- is that
10 it?
11 A. 750 is a ninhydrin print.
12 Q. That’s a ninhydrin print, right?
13 A. That’s correct.
14 Q. Okay.
15 A. It’s 750.
16 Q. And is that the identification of Mr.
17 Jackson’s left thumb on the magazine Hustler “Barely
18 Legal Hard-Core”?
19 A. Right. 317-R, page 54 --
20 Q. How many --
21 A. -- Latent 1.
22 Q. How many points of comparison in this
23 exhibit?
24 A. 18 total points.
25 Q. Exhibit 751, is this Gavin Arvizo’s left
26 middle finger in the same magazine, Hustler “Barely
27 Legal Hard-Core”?
28 A. Page 52, marked Latent 1. 3688
1 Q. And how many individualizing characteristics
2 did you find there?
3 A. We had 21 detailed.
4 Q. 21?
5 A. 21.
6 Q. 752, please. Is this Gavin Arvizo’s left
7 middle finger found on the magazine Hustler “Barely
8 Legal Hard-Core,” Sheriff’s Item 317-L?
9 A. That’s correct, Latent 2, page 92.
10 Q. How many individualizing characteristics did
11 you find in that?
12 A. 13.
13 Q. 13?
14 A. 13.
15 Q. Exhibit 753, please. It appears to depict
16 Gavin Arvizo’s left index finger, Sheriff’s Item
17 317-R, Hustler “Barely Legal Hard-Core.”
18 A. Correct. Page 92, marked Latent No. 4.
19 Q. And how many individualizing characteristics
20 did you find on that print?
21 A. 14 total.
22 Q. Proceed to Exhibit 753, please -- 54,
23 please. Is that next in order? Does that depict
24 the defendant’s right thumb on the magazine
25 Penthouse, Sheriff’s Item 317-S?
26 A. Correct, page 63, Latent No. 1.
27 Q. And how many individualizing characteristics
28 are in that? 3689
1 A. 16 total.
2 Q. 16?
3 A. One-six.
4 Q. Exhibit No. 755, please. And is that also
5 the defendant’s finger in Item 317-S, Penthouse?
6 A. Yes, sir, page 87, latent -- marked Latent
7 No. 1.
8 Q. And how many individualizing characteristics
9 in that print?
10 A. 21.
11 Q. Exhibit No. 756, please?
12 A. I have it.
13 Q. Okay. Is that the defendant’s left thumb in
14 the magazine “Visions of Fantasy”?
15 A. “Visions of Fantasy, Hard-Rock Affair,” page
16 three, marked Latent No. 1, and we had again 21
17 points.
18 Q. Okay. Item 757, please. Is that Gavin
19 Arvizo’s right middle finger in the magazine
20 “Visions of Fantasy,” or did I not --
21 A. I don’t think you changed it. We need 758.
22 Q. That’s where we are.
23 A. Item 317-YY is “Al Goldstein’s 100 Best
24 Adult Videos.” It was from page A, marked Latent
25 No. 1. And it’s the left index finger of Gavin
26 Arvizo. We had 18 total points.
27 Q. Is 757 right under that exhibit?
28 A. It’s right here. 3690
1 Q. Okay. Let’s do 757, then.
2 A. Okay. 757 is from Item 317-U, union, page
3 ten, marked Latent No. 1.
4 Q. That would be Gavin Arvizo’s right middle
5 finger?
6 A. That’s correct, sir.
7 Q. And how many individualizing characteristics
8 in Exhibit 757?
9 A. 20.
10 Q. 20. Is 759 next on that stack?
11 A. Correct.
12 Q. Okay. And is that the defendant’s right
13 thumb on page three of Item 321-A, “Playboy Special
14 Edition, Girlfriends”?
15 A. Yes, sir, it is.
16 Q. And how many individualizing characteristics
17 in that exhibit, please?
18 A. 26.
19 Q. 26. Proceed to Exhibit 760, please.
20 A. I have 760.
21 Q. Is that also the defendant’s right thumb in
22 the same magazine at page 29?
23 A. Yes, it is, sir.
24 Q. And how many points of comparison in that
25 exhibit?
26 A. Approximately 30.
27 Q. Can we go to Exhibit 761, please?
28 A. I have it. 3691
1 Q. Exhibit 761, is that a positive
2 identification of the defendant’s left thumb on the
3 magazine “Girls of Barely Legal”?
4 A. Correct. Item 321-E, page one, Latent 1.
5 Q. And how many individualizing characteristics
6 in that diagram?
7 A. 24.
8 Q. Exhibit 762, please. And is that also the
9 defendant’s right thumb in the same magazine at page
10 seven?
11 A. Page seven, marked Latent No. 1.
12 Q. How many individualizing characteristics in
13 that?
14 A. 19, 1-9.
15 Q. Exhibit 763, please.
16 This is Mr. Jackson’s right thumb on the
17 magazine “Finally Legal”?
18 A. Yes, sir.
19 Q. And how many individualizing characteristics
20 on that exhibit?
21 A. 16.
22 Q. Is this also the exhibit that got switched
23 into a different binder when it left your lab?
24 A. Yes, sir, it was.
25 MR. SANGER: Well, I would object and move
26 to strike as being a leading question.
27 THE COURT: Sustained. Stricken.
28 Q. BY MR. NICOLA: Why does the picture say 3692
1 “321-D”?
2 A. The picture says “321-D” because when it
3 left the Santa Barbara lab, it was evidently
4 switched and mismarked with Item 321-F, Frank. When
5 it got to Santa Maria, they relied on that
6 identification when they did the photodocumentation
7 placard, so the placard would show on the whole
8 picture the Item No. 321-D, not F, Frank.
9 Q. Did you verify that you made the right
10 comparison?
11 A. Yes, I did.
12 Q. And this is a photograph from which
13 magazine, which page?
14 A. This would be a photograph from a magazine
15 which was originally 321-F, Frank, and the one that
16 was mislabeled, and the one that Detective Sutcliffe
17 and I depict was relied on that label when they did
18 the photography.
19 Q. Is there a woman’s face in that Scenescope
20 image? Do you see the side of her face?
21 A. No. It must be the angle, sir.
22 Q. Is Exhibit 764 next?
23 A. That’s correct. 764.
24 Q. Okay. And is that Mr. Jackson’s right thumb
25 on the magazine “Club International,” March ‘98?
26 A. Correct. Item 363-M, Mary, page 57, Latent
27 No. 2.
28 Q. And how many individualizing characteristics 3693
1 in that one?
2 A. 19.
3 Q. 19.
4 That’s the end of the exhibits, Your Honor.
5 Sergeant Spinner, on how many occasions did
6 you review the fingerprint identifications that you
7 made in this case?
8 A. Several.
9 Q. And why did you do that?
10 A. I usually review my work after it’s
11 completed to make sure there’s no problem, something
12 that was either missed, just to make sure that
13 there’s no problems in the future. And I’ll again
14 review them before I go to court.
15 Q. Okay. If there is an issue in your mind
16 about an identification, what is your habit and
17 custom?
18 A. I will correct -- if there is a problem,
19 I’ll make every effort to correct that problem.
20 Q. And how would you do that?
21 A. Write a report describing the issue at hand
22 and what should be done, or what action should be
23 taken or was taken.
24 Q. Would you testify to a fingerprint that you
25 had issues with?
26 A. No.
27 Q. In this case, did you have issues with a
28 fingerprint? 3694
1 A. Yes, I did.
2 Q. Do you recall which one it was?
3 A. I believe it was off of Item No. 317-O,
4 ocean. It was a thumbprint belonging to Mr. Jackson
5 which was fraught with problems.
6 Q. Okay. Is that the thumbprint that you
7 testified in court today matched Mr. Jackson’s
8 thumb?
9 A. No, it is not.
10 Q. With respect to the other print, what did
11 you do to remedy the situation that you had with it?
12 A. The thumbprint?
13 Q. Yes.
14 A. Yes, sir, I wrote a report changing the
15 classification of the print from an identification
16 to an inconclusive identification.
17 Q. Did you engage in a peer review of the
18 fingerprints that you’ve identified today in court
19 under oath?
20 A. Yes, I did.
21 Q. And how many people reviewed those findings?
22 A. Two additional people.
23 Q. Please explain to the jury what the function
24 of a peer review is.
25 A. A peer review is basically an extension of
26 the ACE-V protocol methodology for fingerprints.
27 It’s also something recognized by a group known as
28 SWGFST, which is a scientific working group for 3695
1 fingerprint work, and they have published guidelines
2 in the past. And it’s basically a way to verify
3 what an individual has done and to kind of like --
4 in a way, it would be like a blind test to see
5 whether any problems were encountered, or whether
6 there was a different way of doing things, or
7 whether the identifications which were made are
8 correct, and get any feedback from that individual,
9 maybe a different way of doing something or
10 different way of handling a situation.
11 Q. And -- you mentioned it’s sort of a blind
12 test. How does a peer review function?
13 A. The latent prints and the purported matches
14 would be sent to an individual without any marks on
15 them whatsoever, and just questions asked, “Do you
16 agree or disagree?”
17 Q. Okay. And who did you use for the peer
18 reviews in this case?
19 A. Initially -- I.D. technician Hemman was off
20 on maternity leave at the time we did this. I used
21 Identification Technician Mike Allmeyer from the
22 Santa Barbara Police Department for the initial.
23 Q. Have you known him for some time?
24 A. Yes, I have.
25 Q. What does he do with the Santa Barbara
26 Police Department?
27 A. He’s an identification technician in their
28 lab. 3696
1 Q. How long were you professionally affiliated
2 with him?
3 A. Since he came to work for the sheriff’s
4 office initially, and then he went from the
5 sheriff’s office to the police department. I was
6 going to guess about 13, 14 years.
7 Q. I’m going to start going through some
8 magazines with you, if that’s all right.
9 Did you process - and I’m talking “process,”
10 photograph, slice, and direct to be bagged - all the
11 magazines that came to you during the Michael
12 Jackson case?
13 A. That’s correct, sir.
14 MR. NICOLA: Okay. I’m going to go through
15 these exhibits. And hopefully we’ll do it very
16 quickly, Your Honor.
17 May I inquire from the well, Your Honor?
18 It’s quite a bit.
19 THE COURT: It’s a problem for people to
20 hear. So you can try it, but if they can’t hear --
21 MR. NICOLA: May I try that, Your Honor?
22 THE COURT: You can try.
23 MR. NICOLA: Okay.
24 THE BAILIFF: Don’t get it too close to that
25 other one.
26 MR. NICOLA: Do you have a paper clip or
27 something that I could....
28 Q. I’m going to hand you Exhibit 542, marked 3697
1 Sheriff’s Item 363-M.
2 Is that one of the magazines that you
3 processed and had placed in plastic sleeves?
4 A. Yes, it is, sir.
5 MR. NICOLA: Your Honor, we’d move this
6 exhibit into evidence.
7 THE COURT: It’s admitted.
8 Q. BY MR. NICOLA: Exhibit 541? And I
9 apologize, these are not going to be in order. What
10 is that magazine?
11 A. It’s Item No. 360-L, and it’s a Plumpers
12 magazine.
13 Q. Is that one of the magazines that you
14 processed, cut, placed in plastics sleeves?
15 A. Yes.
16 MR. NICOLA: We’d move 541 into evidence.
17 THE BAILIFF: You’re going to end up getting
18 feedback if you put that microphone too close to
19 that one.
20 MR. NICOLA: He did it.
21 THE BAILIFF: You can use it, but not that
22 close.
23 MR. NICOLA: Okay. 541’s been admitted,
24 Judge?
25 THE COURT: It’s admitted.
26 Q. BY MR. NICOLA: Exhibit 540?
27 A. Yes, sir, this is Item No. 363-K, king.
28 Q. Is that one of the magazines you processed, 3698
1 super glued, placed in --
2 A. Sliced and diced, yes, sir.
3 MR. NICOLA: Move 540 into evidence.
4 THE COURT: It’s admitted.
5 Q. BY MR. NICOLA: Exhibit 539, Item 6 -- Item
6 363-J. Did you process, super glue, fume, place in
7 plastic sleeves that exhibit?
8 A. Yes, sir, I did.
9 MR. NICOLA: Move 539 in evidence, sir.
10 THE COURT: It’s admitted.
11 MR. NICOLA: Exhibit 538, Item 363-I.
12 Similarly, did you process that magazine, Sergeant?
13 A. Yes, I did.
14 MR. NICOLA: Move 538 into evidence, Your
15 Honor.
16 THE COURT: It’s admitted.
17 Q. BY MR. NICOLA: Exhibit 537, which sheriff’s
18 item is that?
19 A. That is 363-H, Henry.
20 Q. Did you process -- did you look at it?
21 A. Yes, sir.
22 Q. Did you process that item as well?
23 A. Yes, I did.
24 Q. MR. NICOLA: Move that into evidence, Your
25 Honor.
26 THE COURT: It’s admitted.
27 Q. BY MR. NICOLA: Exhibit 536, Item 363-G, as
28 in “golf,” did you process that item? 3699
1 A. Yes, I did, sir.
2 MR. NICOLA: Move it into evidence, Your
3 Honor.
4 THE COURT: It’s admitted.
5 Q. BY MR. NICOLA: I’m handing you Exhibit 535.
6 A. It’s 363-F, Frank.
7 Q. Did you process that item?
8 A. Yes, sir, I did.
9 MR. NICOLA: Move it into evidence, Your
10 Honor.
11 THE COURT: It’s admitted.
12 Q. BY MR. NICOLA: Exhibit 534, please.
13 A. 363-E, Edward.
14 Q. Did you process that item?
15 A. Yes, I did.
16 MR. NICOLA: Move it into evidence, Your
17 Honor.
18 THE COURT: It’s admitted.
19 Q. BY MR. NICOLA: Exhibit 532?
20 A. 363-C, Charles.
21 MR. NICOLA: Move that into evidence, Your
22 Honor.
23 Q. Did you process this?
24 A. Yes, I did.
25 MR. NICOLA: May we move it into evidence,
26 Your Honor?
27 THE COURT: It’s admitted.
28 Q. BY MR. NICOLA: 533, did you process that 3700
1 item?
2 A. Yes, I did. 363-D, David.
3 MR. NICOLA: Move that into evidence, Your
4 Honor.
5 THE COURT: It’s admitted.
6 Q. BY MR. NICOLA: Exhibit 531?
7 A. It’s 363-B, boy.
8 Q. Did you process that item?
9 A. Yes, I did.
10 MR. NICOLA: Move that into evidence, Your
11 Honor.
12 THE COURT: It’s admitted.
13 Q. BY MR. NICOLA: Next I’m handing you Exhibit
14 530.
15 A. 363-A, Adam.
16 Q. Did you process that item?
17 A. Yes, I did.
18 MR. NICOLA: Move it into evidence, Your
19 Honor.
20 THE COURT: It’s admitted.
21 MR. NICOLA: May I have just a moment to
22 restack?
23 Q. Picking up with Item Exhibit No. 543.
24 A. Item 363-N, Nora. I processed this.
25 MR. NICOLA: Move that into evidence, Your
26 Honor.
27 THE COURT: It’s admitted.
28 Q. BY MR. NICOLA: Exhibit 544? 3701
1 A. It’s Item 363-O, ocean.
2 Q. Did you process that one?
3 A. Yes, I did.
4 MR. NICOLA: Move it into evidence, Your
5 Honor.
6 THE COURT: It’s admitted.
7 Q. BY MR. NICOLA: Exhibit 545?
8 A. Item 363-P, Paul. I processed this.
9 MR. NICOLA: We’d move that into evidence,
10 Your Honor.
11 THE COURT: It’s admitted.
12 Q. BY MR. NICOLA: Why don’t you pull that out
13 for just a second. Inside the front cover there’s a
14 little placard, isn’t there?
15 A. This is the photo slip I used to mark it,
16 mark the magazine when I took the original
17 photograph.
18 Q. Just hold that up for the jury.
19 A. I created this little slip when I took the
20 original photographs of it so they could -- the
21 photographs could be filed correctly, the correct
22 item number, when they were put in the computer and
23 retained as evidence.
24 Q. And that’s kept loosely in the binder?
25 A. Yes, it is.
26 Q. Is that how 321-D and F got switched at some
27 point?
28 A. I would -- 3702
1 MR. SANGER: I’m going to object. That’s a
2 leading question.
3 MR. NICOLA: I’ll withdraw it.
4 THE COURT: Sustained.
5 Q. BY MR. NICOLA: Exhibit 546?
6 A. This is Item No. 636-Q, queen. And I did
7 process this item.
8 Q. You did the same thing I did.
9 A. 363, excuse me.
10 MR. NICOLA: Move that into evidence, Your
11 Honor.
12 THE COURT: 546 is admitted.
13 Q. BY MR. NICOLA: Exhibit 547?
14 A. 363-R, Robert. Yes, I processed this.
15 MR. NICOLA: We’d like to move that into
16 evidence as well, Your Honor.
17 THE COURT: 547 is admitted.
18 Q. BY MR. NICOLA: Exhibit 548?
19 A. This is Item No. 363-S, Sam.
20 Q. Did you process that item?
21 A. Yes, I did.
22 MR. NICOLA: We’d like to move that into
23 evidence, Your Honor.
24 THE COURT: 548 is admitted.
25 Q. BY MR. NICOLA: 549 is next.
26 A. Item No. 363-T, Tom.
27 Q. Did you process that exhibit?
28 A. Yes, I did. 3703
1 MR. NICOLA: We’d like to move that into
2 evidence, Your Honor.
3 THE COURT: It’s admitted.
4 Q. BY MR. NICOLA: Exhibit 550.
5 A. Item 363-U, union, processed.
6 Q. By you?
7 A. I did process it, yes.
8 MR. NICOLA: Move that into evidence, Your
9 Honor.
10 THE COURT: It’s admitted.
11 Q. BY MR. NICOLA: Exhibit 551?
12 A. 363-V, Victor, and I did process this item.
13 MR. NICOLA: We’d like to move that into
14 evidence, Your Honor.
15 THE COURT: It’s admitted.
16 MR. NICOLA: If I may take a moment.
17 Q. I’ll show you Exhibit 580.
18 THE COURT: All right. We’re going to take
19 our break, five minutes early.
20 (Recess taken.)
21 THE BAILIFF: Remain seated and come
22 together.
23 (Laughter.)
24 THE BAILIFF: I don’t think you can top
25 that.
26 THE COURT: She must already be at Easter
27 service.
28 THE BAILIFF: I’m going to sit down right 3704
1 now.
2 THE COURT: Go ahead.
3 MR. NICOLA: Thank you, Judge.
4 Q. I’ve placed in front of you a bag marked
5 Evidence Item 716. Do you recognize that?
6 A. Yes. This is the magazine, Sheriff’s
7 Evidence Item 1002, along with the original evidence
8 bag which it was received in when I got it, and I
9 rebooked both items under 1002 and 1002-A.
10 Q. Can you take the contents of 7 -- 716, the
11 contents, each have individual exhibits numbers,
12 please?
13 A. That’s correct. One is 587 and 586.
14 Q. And what is Exhibit 587?
15 A. 587 is Sheriff’s Evidence Item 1002, which I
16 processed.
17 MR. NICOLA: We’ve move 587 into evidence,
18 Your Honor.
19 THE COURT: It’s admitted.
20 Q. BY MR. NICOLA: And Exhibit No. 586, that is
21 what, Detective Spinner?
22 A. This is the original evidence bag this item
23 was in when I obtained it from the property room.
24 MR. NICOLA: We would move that into
25 evidence.
26 THE COURT: It’s admitted.
27 MR. NICOLA: And we would also move 716 into
28 evidence. 3705
1 THE COURT: What is that?
2 Q. BY MR. NICOLA: Would you describe 716 one
3 more time for the Court?
4 A. Item 716 is a brown evidence bag containing
5 Sheriff’s Evidence Item No. 1002 and 1002-A. The
6 002 item is the magazine itself, and the 002-A is
7 the original bag that it was -- that I received it
8 in when I got it out of the property room to process
9 it.
10 THE COURT: All right. That’s admitted.
11 MR. NICOLA: Thank you, Your Honor.
12 Q. Next we have Exhibit 174, which is a bag
13 that contains Exhibit 585 and Exhibit 584. Sergeant
14 Spinner, do you recognize these items?
15 (Laughter.)
16 MR. NICOLA: You missed it.
17 THE BAILIFF: That’s why you don’t go in the
18 well.
19 Q. BY MR. NICOLA: Okay. What is Exhibit 714?
20 A. 714 is an evidence bag in which I returned
21 Item 1001, which is Exhibit 585, back to the
22 property room, along with the original bag, evidence
23 bag, that I got the evidence item from, and I
24 checked it out of the property room, which is
25 Evidence Item 584.
26 MR. NICOLA: We’d move those into evidence,
27 Your Honor.
28 (Laughter.) 3706
1 THE COURT: They’re admitted.
2 MR. NICOLA: We’d also move 714 into
3 evidence, Your Honor.
4 THE COURT: It’s admitted.
5 MR. NICOLA: Thank you. Too much sugar at
6 lunch.
7 Q. Exhibit 580, please.
8 THE COURT: Now you know why the rest of the
9 attorneys stay behind counsel table.
10 (Laughter.)
11 THE COURT: Go ahead, Counsel.
12 MR. NICOLA: Yes, I do.
13 Q. Do you recognize --
14 A. This is the original evidence bag in which I
15 got Item -- Sheriff’s Item 306 out of the property
16 room, and I started processing. And this is the
17 item, magazine, that was inside this evidence bag
18 when I got it out of the property room. Both items
19 were returned in the plastic evidence bag.
20 MR. NICOLA: Okay. Your Honor, we would
21 move, excuse me, 580 into evidence, please.
22 THE COURT: It’s admitted.
23 Q. BY MR. NICOLA: Okay. Showing you Exhibits
24 563 and 564.
25 A. 563 is Sheriff’s Evidence Item 304-C,
26 Charles.
27 Q. Did you process that item?
28 A. Yes, I did, sir. And Exhibit No. 564 is 3707
1 Sheriff’s Evidence Item No. 304-D, David, which I
2 also processed. Both items were returned to the
3 sheriff’s property room by myself in this bag.
4 MR. NICOLA: Okay. We’d move both of those
5 exhibits into evidence, Your Honor.
6 THE COURT: 563 and 564 are admitted.
7 MR. NICOLA: Thank you.
8 Q. Take those out one at a time, please.
9 Exhibit 567 is?
10 A. Sheriff’s Evidence Item 309-B-2, which I
11 processed.
12 MR. NICOLA: We’d like to move that into
13 evidence, Your Honor.
14 THE COURT: It’s admitted.
15 Q. BY MR. NICOLA: Next is Exhibit 566?
16 A. 566 is Sheriff’s Evidence Item No. 301-B-1,
17 which I did process.
18 MR. NICOLA: We’d move that into evidence,
19 Your Honor.
20 THE COURT: 566 is admitted.
21 MR. NICOLA: Thank you.
22 Q. Exhibit No. 554?
23 A. This is Sheriff’s Evidence Item No. 321-A,
24 Adam.
25 Q. You processed that item?
26 A. I processed it or it was processed at my
27 direction.
28 MR. NICOLA: Move that into evidence. 3708
1 THE COURT: 554 is admitted.
2 Q. BY MR. NICOLA: Exhibit 555?
3 A. 555 is Sheriff’s Evidence Item No. 321-B,
4 boy. And it was processed in the lab at my
5 direction.
6 MR. NICOLA: We’d move that into evidence,
7 Your Honor.
8 THE COURT: It’s admitted.
9 Q. BY MR. NICOLA: 321-C?
10 A. 321-C is Sheriff’s Evidence Item No. 321,
11 and 556 is Item No. 321-C, Charles.
12 Q. Processed --
13 A. Processed at my direction.
14 MR. NICOLA: Move that into evidence, Your
15 Honor.
16 THE COURT: It’s admitted.
17 Q. BY MR. NICOLA: Exhibit 557?
18 A. 557 is Sheriff’s Evidence Item No. 321-D,
19 David.
20 Q. Did you process that item?
21 A. I did or at my direction.
22 Q. Okay. I’d like you to take that back out
23 for a moment, please, and find the placard that was
24 used when you photographed it. I think it’s behind
25 the actual label on the front cover. The front
26 cover. It’s behind that label.
27 MR. SANGER: One of the problems is we can’t
28 see the witness if he’s going to be doing something. 3709
1 MR. NICOLA: How’s this?
2 MR. SANGER: Thank you.
3 Q. BY MR. NICOLA: You could just put that back
4 in the front part.
5 Is this an item that was processed by you or
6 at your direction?
7 A. Yes, sir, it is.
8 MR. NICOLA: We’d move this into evidence,
9 Your Honor. It’s 557.
10 THE COURT: It’s admitted.
11 Q. BY MR. NICOLA: Exhibit No. 321 -- excuse
12 me, Exhibit No. 558?
13 A. 558 is Sheriff’s Evidence Item No. 321-E,
14 Edward.
15 Q. And was that processed by you?
16 A. By me or at my direction.
17 MR. NICOLA: Okay. Move 558 into evidence,
18 Your Honor.
19 THE COURT: It’s admitted.
20 Q. BY MR. NICOLA: Exhibit No. 559?
21 A. 559 is Sheriff’s Evidence Item No. 321-F,
22 Frank.
23 Q. Did you process that?
24 A. Yes, I did.
25 MR. NICOLA: We would move 559 into
26 evidence, Your Honor.
27 THE COURT: It’s admitted.
28 Q. BY MR. NICOLA: Exhibit No. 560, please? 3710
1 A. 560 is Sheriff’s Evidence Item No. 321-G,
2 George.
3 Q. Did you process that item?
4 A. Yes, I did, or at my direction.
5 MR. NICOLA: We would move 560 into
6 evidence, Your Honor.
7 THE COURT: It’s admitted.
8 MR. SNEDDON: The label must have come off.
9 THE CLERK: Judge, each item is marked inside
10 the book that they’re looking at. They’re looking
11 for an exhibit tag.
12 Mr. Nicola, that notebook, each item is
13 marked inside the notebook.
14 MR. NICOLA: Are they?
15 Q. Sergeant Spinner, for the record, we have a
16 black three-ring binder, with the numbers “317” and
17 the lettering “Combined Items” on the spine. Inside
18 are a number of individual pages with the exhibit
19 numbers. Can you please flip to the first exhibit
20 number, read it out?
21 A. Exhibit No. is 7 -- or correction. 471.
22 Q. Can you flip to the very last page, the last
23 exhibit number?
24 A. This is Exhibit 508.
25 Q. Okay. Can you flip all the way through that
26 binder, tell us whether or not you processed those
27 items? Did you actually make this binder?
28 A. Yes, I compiled this compilation myself in 3711
1 an attempt to not have one binder just for one page.
2 So I put all the individual pages into one binder
3 and marked it as such with the evidence items that
4 were in that binder. And I did that with the front.
5 Q. Okay. Just flip through that. Confirm it’s
6 accurate as to what you’ve done.
7 Your Honor, while he’s doing that, may I
8 move Exhibits 774, 773 and 772 into evidence? They
9 were the three Power Points regarding the print
10 comparisons.
11 THE COURT: All right. They’re admitted.
12 MR. NICOLA: We would also like to move
13 Exhibit No. 529, which was testified to yesterday by
14 Char Marie, containing Evidence Items 317 and booked
15 into the DOJ Lab, I’d like to move that into
16 evidence.
17 THE COURT: It’s admitted.
18 MR. SANGER: With regard to the description
19 of that item, that’s just the bag; is that right?
20 THE COURT: Yes.
21 MR. NICOLA: Yeah.
22 I’m going to show him these next.
23 Q. Are each of the items, Exhibit Nos. 471
24 through and including 508, items that you processed?
25 A. Yes, they are.
26 MR. NICOLA: Your Honor, we’ve move Exhibit
27 Nos. 471 through 508 into evidence at this time.
28 THE COURT: They’re admitted. 3712
1 Q. BY MR. NICOLA: Handing you Exhibit 511.
2 A. Sheriff’s Evidence Item No. 317-I, Ida, and
3 I did process this.
4 MR. NICOLA: Okay. We would move Exhibit
5 511 into evidence, Your Honor.
6 THE COURT: It’s admitted.
7 Q. BY MR. NICOLA: Exhibit 512?
8 A. Sheriff’s Evidence Item No. 317-K, king, and
9 I did process this item.
10 MR. NICOLA: We would move that into
11 evidence, Your Honor.
12 THE COURT: 512’s admitted.
13 Q. BY MR. NICOLA: Exhibit No 509.
14 A. Sheriff’s Evidence Item No. 317-F, Frank,
15 and I did process this item.
16 MR. NICOLA: We would move that into
17 evidence, Your Honor.
18 THE COURT: It’s admitted.
19 Q. BY MR. NICOLA: 510, please?
20 A. Sheriff’s Evidence Item No. 317-G, George.
21 And I did process this item.
22 MR. NICOLA: We would move that into
23 evidence, Your Honor.
24 THE COURT: It’s admitted.
25 Q. BY MR. NICOLA: 512.
26 We did 511, right?
27 A. 512 is Sheriff’s Evidence Item No. 317-K,
28 king. 3713
1 Q. Did you process that item?
2 A. Yes, I did.
3 MR. NICOLA: We would move 512 into
4 evidence, Your Honor.
5 THE COURT: It’s admitted.
6 Q. BY MR. NICOLA: Exhibit No. 513?
7 A. This is Sheriff’s Evidence Item No. 317-L,
8 Lincoln, and I did process this item.
9 MR. NICOLA: We would move that item into
10 evidence, Your Honor.
11 THE COURT: It’s admitted.
12 Q. BY MR. NICOLA: Exhibit No. 514, please.
13 A. Sheriff’s Evidence Item No. 317-M, Mary, and
14 I did process this item.
15 MR. NICOLA: We’d move that into evidence,
16 Your Honor.
17 THE COURT: It’s admitted.
18 Q. BY MR. NICOLA: Exhibit No. 515?
19 A. Sheriff’s Evidence Item No. 317-O, ocean.
20 Q. Did you process --
21 A. And I did process this item.
22 MR. NICOLA: We would move this item into
23 evidence, Your Honor.
24 THE COURT: It’s admitted.
25 Q. BY MR. NICOLA: Exhibit No. 516?
26 A. 516 is Sheriff’s Evidence Item No. 317-P,
27 Paul, and I did process this item.
28 MR. NICOLA: We would move 516 into 3714
1 evidence, Your Honor.
2 THE COURT: It’s admitted.
3 Q. BY MR. NICOLA: Exhibit 517, 5-1-7?
4 A. 5-1-7 is Sheriff’s Evidence Item No. 317-Q,
5 queen, and I did process this item.
6 MR. NICOLA: We would move 517 into
7 evidence, Your Honor.
8 THE COURT: It’s admitted.
9 Q. BY MR. NICOLA: Exhibit No. 518, 5-1-8?
10 A. Sheriff’s Item 518 is Item No. 317-R,
11 Robert, and I did process this item.
12 MR. NICOLA: We would move 5-1-8 into
13 evidence, Your Honor.
14 THE COURT: It’s admitted.
15 Q. BY MR. NICOLA: Exhibit No. 519?
16 A. 519 is Sheriff’s Evidence Item No. 317-S,
17 Sam, and I did process this item.
18 MR. NICOLA: Your Honor, we’d like to move
19 519 into evidence.
20 THE COURT: It’s admitted.
21 Q. BY MR. NICOLA: Exhibit 520. Exhibit 520?
22 A. Evidence 520 is Sheriff’s Evidence Item No.
23 317-T, Tom, and I did process this item.
24 MR. NICOLA: We would move 520 into
25 evidence, Your Honor.
26 THE COURT: It’s admitted.
27 Q. BY MR. NICOLA: Exhibit No. 521, please?
28 A. 521 is Sheriff’s Evidence Item No. 317-U, 3715
1 union, and I did process this item.
2 MR. NICOLA: We would move this item into
3 evidence, Your Honor.
4 THE COURT: It’s admitted.
5 Q. BY MR. NICOLA: Exhibit 522?
6 A. 522 is Sheriff’s Evidence Item No. 317-V,
7 Victor, and I did process this item.
8 MR. NICOLA: We would move 522 into
9 evidence, Your Honor.
10 THE COURT: It’s admitted.
11 Q. BY MR. NICOLA: Exhibit No. 523, please?
12 A. No. 523 is Sheriff’s Evidence Item No. 317-
13 William, W.
14 Q. Did you process that item?
15 A. Yes, I did.
16 MR. NICOLA: We’d like to move 523 into
17 evidence, Your Honor.
18 THE COURT: It’s admitted.
19 Q. BY MR. NICOLA: Handing you Exhibit 524.
20 A. 524 is Sheriff’s Item No. 317-X, X-ray, and
21 I did process this item.
22 MR. NICOLA: We’d like to move this item
23 into evidence, Your Honor.
24 THE COURT: 524 is admitted.
25 Q. BY MR. NICOLA: Exhibit No. 525?
26 A. 525 is Sheriff’s Evidence Item No. 317-BB,
27 or boy-boy.
28 MR. NICOLA: I’d like to move 525 into 3716
1 evidence, Your Honor.
2 THE COURT: It’s admitted.
3 Q. BY MR. NICOLA: Exhibit 526?
4 A. 526 is Sheriff’s Evidence Item No. 317-DDD,
5 or David-David-David, and I did process this item.
6 MR. NICOLA: We’d move 526 into evidence,
7 Your Honor.
8 THE COURT: It’s admitted.
9 Q. BY MR. NICOLA: Exhibit 527?
10 A. 527 is Sheriff’s Evidence Item No. 317-EEE,
11 or echo-echo-echo, and I did process this item.
12 MR. NICOLA: We’d move 527 into evidence.
13 THE COURT: It’s admitted.
14 Q. BY MR. NICOLA: Exhibit 528?
15 A. Sheriff’s Item 5-2-8, or 528, is Sheriff’s
16 Item No. 317-FFF, or Frank-Frank-Frank.
17 Q. Did you process that item?
18 A. Yes, I did.
19 MR. NICOLA: We would like to move 528 into
20 evidence, Your Honor.
21 THE COURT: It’s admitted.
22 MR. NICOLA: We admitted 529?
23 THE CLERK: Yes.
24 MR. NICOLA: Good. It’s a wrap for that.
25 Q. I’d like to show you Exhibit No. 775; ask if
26 you recognize what’s depicted on Exhibit 775?
27 A. On 775, there are pictures of fingerprint
28 basic patterns: A plain arch, tented arch, a left 3717
Subject: March 25, 2005 
Fri Mar 16, 2012 12:12 pm
