Error

The types of errors that may occur at trial are the following:

• Fundamental Error: This is an error which goes to the heart of the case, and which can be considered by the court "in the interest of justice," even if the appellant fails to properly raise the issue on appeal.
• Harmful Error: This is an error which the appellate court concludes had a probable impact on the outcome of the trial.
• Harmless Error: This is an error which the appellate court concludes had no effect on the outcome of a trial. For example, if a defendant confesses to a murder, and the prosecution has his fingerprints on the murder weapon, the use of inadmissible hearsay testimony is likely to be found harmless due to the overwhelming evidence against the defendant.
• Invited Error: This is where the defendant has asked the trial court to make a ruling which is actually erroneous. The defendant cannot then later appeal the trial court's decision on the basis of that error.
• Reversible Error: An error which causes the appellate court to overturn the lower court's decision is a "reversible error."

        6         THE COURT:  ALL RIGHT.  YOU MAY STEP DOWN.  PEOPLE 

        7   MAY CALL THEIR NEXT WITNESS.

        8         MR. MURPHY:  THANK YOU, YOUR HONOR.  AT THIS TIME 

        9   THE PEOPLE CALL BECKY DAHER TO THE STAND.

       10         THE COURT:  WHILE WE'RE WAITING FOR THE WITNESS.  

       11   YESTERDAY AT THE END OF THE DAY I TOLD THE ATTORNEYS 

       12   THAT I'M GOING TO START MAKING MY OWN OBJECTIONS, SO YOU 

       13   MIGHT HAVE NOTICED THAT THIS MORNING.  AND IT WILL 

       14   CONTINUE THROUGHOUT THE TRIAL, THAT I'M GOING TO START 

       15   MAKING OBJECTIONS TO SOME OF THE QUESTIONS THAT HAVE 

       16   BEEN ASKED.  OKAY. 

       17                         BECKY DAHER,   ^

       18              CALLED AS A WITNESS BY THE PEOPLE, HAVING 

       19   BEEN FIRST DULY SWORN, WAS EXAMINED AND TESTIFIED AS 

       20   FOLLOWS:

       21         THE WITNESS:  I DO.  BECKY DAHER.  D-A-H-E-R.

       22         THE COURT:  YOU MAY PROCEED.

       23                      DIRECT EXAMINATION  ^

       24   BY MR. MURPHY:

       25         Q    THANK YOU, YOUR HONOR.

       26              GOOD MORNING, MS. DAHER.

? 690

        1         A    GOOD MORNING.

        2         Q    WHAT DO YOU DO FOR A LIVING, MA'AM?

        3         A    I'M A SENIOR FORENSIC SPECIALIST WITH THE 

        4   ORANGE COUNTY SHERIFF'S FORENSIC SCIENCE SERVICES 

        5   IDENTIFICATION BUREAU.

        6         Q    HOW LONG HAVE YOU BEEN EMPLOYED IN THAT 

        7   CAPACITY?

        8         A    I STARTED WITH THE SHERIFF'S DEPARTMENT IN 

        9   1980, AND I PROGRESSED UP THROUGH THE DIFFERENT LEVELS 

       10   OF FORENSIC SPECIALISTS.  I LEFT IN '86 TO PURSUE SOME 

       11   PERSONAL INTERESTS, AND I RETURNED IN 1995 TO PRESENT.

       12         Q    OKAY.  COULD YOU BRIEFLY DESCRIBE YOUR 

       13   EDUCATION BEFORE YOU BECAME A FORENSIC SPECIALIST?

       14         A    I ATTENDED ABOUT THREE AND A HALF YEARS OF 

       15   COLLEGE, AS WELL AS MY REGULAR EDUCATION AS A CHILD.  

       16   AND I PURSUED SOME PHOTOGRAPHY INTERESTS, AS WELL AS 

       17   ELEMENTARY EDUCATION INTERESTS.

       18         Q    OKAY.  AND REGARDING FORENSIC SCIENCE, CAN 

       19   YOU TELL US ABOUT YOUR TRAINING IN THAT AREA?

       20         A    I'VE HAD NUMEROUS COURSES THROUGH 

       21   INSTITUTIONS, SUCH AS THE FBI ACADEMY, THE CALIFORNIA 

       22   CRIMINALISTICS INSTITUTE, AND COURSES SPECIFICALLY 

       23   RELATING TO THE COLLECTION, PRESERVATION, AND PACKAGING 

       24   OF PHYSICAL EVIDENCE, NOTABLY FINGERPRINTS.  CLASSES ON 

       25   THE DEVELOPMENT OF FINGERPRINTS USING CHEMICAL METHODS 

       26   AND INNOVATIVE TECHNIQUES.

? 691

        1              ALSO COURSES ON THE COMPARISON AND ANALYSIS 

        2   OF FINGERPRINTS, PALM IMPRESSIONS, AND THE QUANTITATIVE 

        3   AND QUALITATIVE PORTIONS OR ASPECTS OF FRICTION RIDGE 

        4   DETAIL, AND THE BIOLOGICAL GROWTH OF FRICTION RIDGE 

        5   SKIN.

        6         Q    CAN YOU BRIEFLY EXPLAIN WHAT THAT IS, 

        7   FRICTION RIDGE DETAIL?

        8         A    FRICTION RIDGE DETAIL IS A SPECIAL KIND OF 

        9   SKIN THAT EVERYONE HAS ON THE PALMS OF THEIR HANDS, 

       10   UNDER SIDES OF THE FINGERS, AND ON THE SOLES OF THE 

       11   FEET, AND UNDER SIDES OF THE TOES.  AND FRICTION RIDGE 

       12   SKIN IS SPECIFICALLY DESIGNED TO HELP US GRASP THINGS.  

       13   AND EVERYONE HAS IT.

       14         Q    ALL RIGHT.  AND HOW DOES THAT AID YOU IN THE 

       15   FIELD OF FORENSICS?

       16         A    WELL IMPRESSIONS THAT ARE LEFT BEHIND AT 

       17   CRIME SCENES, KNOWN AS LATENT PRINTS, MADE FROM FRICTION 

       18   RIDGE SKIN ARE A TRANSFER OF SOME TYPE OF OIL OR 

       19   DEPOSIT, MAYBE A CONTAMINATE FROM MOST LIKELY THE HANDS 

       20   TO A SURFACE.  AND BECAUSE FRICTION RIDGE SKIN IS UNIQUE 

       21   AND PERMANENT, WE ARE ABLE TO LOOK AT THESE SMALL 

       22   FRAGMENT PORTIONS OF DETAIL AND IDENTIFY INDIVIDUALS BY 

       23   LOOKING AT LATENT PRINTS AND COMPARING THEIR FRICTION 

       24   RIDGE SKIN TO KNOWN EXEMPLARS.

       25         Q    WHEN YOU PERFORMED THAT PROCESS, WERE YOU 

       26   COMPARING LATENTS TO NON-EXEMPLARS?  TAKE US THROUGH 

? 692

        1   THAT.  HOW DOES THAT WORK?

        2         A    WE USE A SCIENTIFIC PROCESS WHICH IS KNOWN BY 

        3   AN ACRONYM CALLED ACE-V.  IT'S, "ANALYZE, COMPARE, 

        4   EVALUATE AND VERIFY."

        5              IN THE ANALYSIS PROCESS, WHICH IS THE FIRST 

        6   PART OF THAT, WE LOOK AT THE UNKNOWN IMPRESSION OR THE 

        7   LATENT PRINT FROM THE CRIME SCENE, AND WE ANALYZE IT FOR 

        8   IN ITS ENTIRETY MAYBE THE RIDGE SHAPE, THE FLOW OF THE 

        9   RIDGES, THE EDGE STRUCTURE CREASES, WRINKLES, DIFFERENT 

       10   FEATURES THAT MIGHT START OR STOP, AND THEIR RELATIVE 

       11   RELATIONSHIP TO ONE ANOTHER.  SO WE LOOK AT THE PRINT IN 

       12   ITS ENTIRETY, AND WE LOOK AT IT FOR ITS QUALITY AND ITS 

       13   QUANTITY.

       14              AND WE ALSO THEN WILL LOOK IN THE NEXT 

       15   PROCESS WE WILL COMPARE THAT PRINT TO ANY EXEMPLAR 

       16   PRINTS THAT WE HAVE.

       17              THE THIRD STEP IN THAT PROCESS IS TO EVALUATE 

       18   THE SIMILARITIES OR DISSIMILARITIES BETWEEN THE TWO, AND 

       19   TO COME TO A CONCLUSION AS TO WHETHER OR NOT THOSE TWO 

       20   IMPRESSIONS WERE MADE BY THE SAME INDIVIDUAL.

       21              AFTER WE HAVE COME TO OUR CONCLUSION, WE THEN 

       22   HAVE EVERY IMPRESSION VERIFIED BY A SECOND QUALIFIED 

       23   EXAMINER WITH A HIGH LEVEL OF EXPERTISE AND TRAINING.  

       24   AND THEN AT THAT POINT AND ONLY AT THAT POINT DO WE GIVE 

       25   OUR CONCLUSION AND REPORT OUR FINDINGS.

       26         Q    ALL RIGHT.  IN JULY OF 1999, ACTUALLY I GUESS 

? 693

        1   IT'S AUGUST OF 1999, WERE YOU ASKED TO PERFORM AN 

        2   ANALYSIS OF FINGERPRINTS TAKEN FROM A CRIME SCENE IN 

        3   IRVINE WITH THE ADDRESS OF 9 SOLANO?

        4         A    YES.

        5         Q    OKAY.  WHAT I WOULD LIKE YOU TO DO, MA'AM, IS 

        6   TELL US WHAT PRINTS OR HOW MANY -- I'M SORRY, STRIKE 

        7   THAT.

        8              HOW MANY DIFFERENT LATENTS DID YOU EXAMINE IN 

        9   RELATION TO THAT CASE?

       10         A    MAY I PLEASE RETAIN MY NOTES FROM MY BRIEF 

       11   CASE?

       12         Q    IF THAT WOULD HELP REFRESH YOUR RECOLLECTION, 

       13   WITH THE COURT'S PERMISSION.

       14         THE COURT:  GO AHEAD.

       15         THE WITNESS:  THANK YOU.  THE LATENT PRINTS THAT I 

       16   HAVE HERE IN FRONT OF ME ARE DATED 7/27 OF '99.  AND 

       17   THESE ARE MARKED FROM THE SCENE, AND THERE ARE A TOTAL 

       18   OF SEVEN LATENT LIFT CARDS.

       19   BY MR. MURPHY:

       20         Q    OKAY.  IN ADDITION TO THE LATENT LIFTS FROM 

       21   THE SCENE, WERE YOU ASKED TO PERFORM ANY COMPARISONS 

       22   FROM LATENTS TAKEN FROM AN AUTOMOBILE THAT RELATED TO 

       23   THAT CASE?

       24         A    YES, I WAS.

       25         Q    ALL RIGHT.  AND HOW MANY LATENTS WERE YOU 

       26   ASKED TO LOOK AT FROM THE AUTOMOBILE?

? 694

        1         A    THERE WAS ONE LATENT FROM THE AUTOMOBILE.

        2         Q    ALL RIGHT.  AND TELL US, MA'AM, WHEN YOU GOT 

        3   THE LATENT, WHERE DID YOU OBTAIN THE LATENT FROM?

        4         A    I OBTAINED IT FROM OUR FILES AT THE SHERIFF'S 

        5   DEPARTMENT.

        6         Q    HOW WAS THAT LATENT INVOLVED?

        7         A    I WOULD LIKE TO LOOK AT THE NOTES FROM THAT 

        8   LATENT, IF YOU STILL HAVE THEM.

        9         Q    OKAY.  I DON'T HAVE THEM IN FRONT OF ME.  DO 

       10   YOU NOT HAVE THEM IN FRONT OF YOU?

       11         A    NO, I DON'T.

       12         MR. MURPHY:  OKAY.  MAY I APPROACH, YOUR HONOR?

       13         THE COURT:  ALL RIGHT.

       14   BY MR. MURPHY:

       15         Q    MA'AM, SHOWING YOU WHAT HAS BEEN PREVIOUSLY 

       16   MARKED AS DEFENSE V FOR IDENTIFICATION.  DO YOU 

       17   RECOGNIZE THAT?

       18         A    YES, I DO.

       19         Q    OKAY.  WHAT IS THAT?

       20         A    THIS IS A COPY OF THE ENVELOPE CALLED A 

       21   LATENT JACKET THAT WE STORE LATENT IMPRESSIONS IN IN OUR 

       22   FILES AT THE SHERIFF'S DEPARTMENT.

       23         Q    OKAY.  IS THAT A COPY OF THE LATENT JACKET 

       24   THAT CONTAINED THE FINGERPRINT THAT WE'RE REFERRING TO?

       25         A    YES, IT IS.

       26         Q    OKAY.  ONCE YOU OBTAINED THAT FINGERPRINT, 

? 695

        1   TAKE US THROUGH IT.  WHAT DID YOU DO?

        2         A    I AGAIN WENT THROUGH THE ACV PROCESS, WHICH I 

        3   INITIALLY ANALYZED THE PRINT FOR ITS VALUE, ITS QUALITY, 

        4   CLARITY, AND DETAIL, THE SHAPE AND FLOW OF THE RIDGES.  

        5   AND I WAS ABLE TO LOOK AT THAT PRINT IN COMPARISON TO 

        6   THE INKED IMPRESSIONS THAT I HAD OF AN INDIVIDUAL, AND I 

        7   WAS ABLE TO MAKE A DETERMINATION THAT THE LATENT ON THIS 

        8   LATENT CARD WAS MADE BY THE SAME INDIVIDUAL AS THE 

        9   PERSON I WAS COMPARING.

       10         Q    OKAY.  WHEN YOU WERE LOOKING AT THE KNOWN 

       11   PRINT EXEMPLARS, WERE THE FINGERPRINTS TAKEN FROM THE 

       12   INDIVIDUAL, WERE THOSE PRINTS MARKED IN SOMEWAY WITH A 

       13   NAME?

       14         A    YES.

       15         Q    WHAT WAS THE NAME ON THOSE?

       16         A    VINCENT CHEUNG.

       17         Q    WAS THAT ALSO MARKED WITH THE ASSOCIATED CASE 

       18   NUMBER?

       19         A    YES, IT WAS.

       20         Q    OKAY.  AND THE CASE NUMBER, WAS THAT THE SAME 

       21   AS THE ONE ON THE TRUNK?

       22         A    YES.

       23         Q    SAME ON THE LATENT LIFT ON THE TRUNK?

       24         A    YES.

       25         Q    I SHOULD SAY FROM THE TRUNK.  I'M SORRY.  

       26   WHEN YOU LOOKED AT THAT PRINT, WAS THAT -- WAS IT FROM A 

? 696

        1   PALM?  WAS IT FROM FINGERS?

        2         A    IT WAS FINGER IMPRESSIONS.

        3         Q    HOW MANY DIFFERENT FINGERS?

        4         A    LET ME REFER TO ANOTHER SET OF NOTES THAT I 

        5   HAVE, IF I COULD PLEASE.

        6         MR. MURPHY:  WITH THE COURT'S PERMISSION?

        7         THE COURT:  GO AHEAD.

        8         THE WITNESS:  ACCORDING TO MY NOTES THERE WERE 

        9   FOUR AREAS OF LATENT DETAIL THAT WERE IDENTIFIED TO 

       10   FINGERS.

       11   BY MR. MURPHY:

       12         Q    OKAY.  AND DOES THAT MEAN FOUR FINGERS OR 

       13   JUST ONE PRINT WITH FOUR AREAS?

       14         A    THERE WAS A SINGLE LATENT LIFT CARD, AND WE 

       15   SUBDIVIDED THE LATENT CARD INTO SUBDIVIDED AREAS OF 

       16   INDIVIDUAL DETAIL.  AND IN THIS CASE THERE WERE FOUR 

       17   AREAS OF INDIVIDUAL DETAIL THAT WERE IDENTIFIED, THREE 

       18   OF THOSE AREAS TO THE LEFT MIDDLE FINGER, AND ONE AREA 

       19   TO THE LEFT RING FINGER.

       20         Q    OKAY.  NOW MOVING ONTO THE PRINTS TAKEN FROM 

       21   INSIDE THE HOUSE.  HOW MANY DID YOU SAY THERE WERE?

       22         A    THERE ARE SEVEN LATENT LIFT CARDS FROM THE 

       23   CRIME SCENE.

       24         Q    OKAY.  AND AS YOU EXAMINED THOSE, HOW MANY OF 

       25   THOSE WERE OF EVIDENTIARY VALUE?

       26         THE COURT:  WELL, THAT'S VAGUE.  I MEAN, SHE 

? 697

        1   DOESN'T KNOW WHAT THE CASE IS TO DETERMINE IF IT'S OF 

        2   EVIDENTIARY VALUE.

        3              DID YOU MAKE ANY MATCHES? 

        4   BY MR. MURPHY:

        5         Q    THANK YOU.  DID YOU LOOK AT ALL SEVEN?

        6         A    YES, I DID.

        7         Q    OKAY.  AND OF THOSE SEVEN, DID THEY ALL HAVE 

        8   ENOUGH DETAIL WITH WHICH YOU COULD PERFORM A FORENSIC 

        9   FINGERPRINT ANALYSIS?

       10         A    NO, THEY DID NOT.

       11         Q    HOW MANY OF THEM HAD ENOUGH DETAIL FOR YOU TO 

       12   DO THAT?

       13         A    FIVE.

       14         Q    AND AS YOU EXAMINED THOSE SEPARATE LATENTS, 

       15   WERE THEY ALSO MARKED IN A SIMILAR MANNER AS THE ONE 

       16   FROM THE TRUNK?

       17         A    YES.

       18         Q    OKAY.  AND DID THOSE MARKINGS INCLUDE THE 

       19   AREA FROM THE HOME THAT THEY WERE LIFTED FROM?

       20         A    YES.

       21         Q    WHAT I WOULD LIKE YOU TO DO, MA'AM, IS 

       22   REGARDING THE FIRST ONE YOU LOOKED AT.  PLEASE TELL US 

       23   HOW THAT WAS MARKED, AND WHETHER OR NOT THERE WAS ENOUGH 

       24   THERE FOR YOU TO MAKE A FORENSIC ANALYSIS?

       25         A    OKAY.  LATENT LIFT NUMBER ONE WAS LABELED 

       26   MASTER BEDROOM DOOR RIGHT EXTERIOR, IN PARENTHESIS, AND 

? 698

        1   IT WAS OF NO VALUE FOR COMPARISON.

        2         Q    OKAY.  WHAT ABOUT LATENT LIFT NUMBER TWO?

        3         A    LATENT LIFT NUMBER TWO WAS MARKED MASTER 

        4   BEDROOM DOORJAMB, IN PARENTHESIS, RIGHT EXTERIOR.  AND 

        5   IT WAS IDENTIFIED TO THE VICTIM WHITNEY'S RIGHT PALM.

        6         Q    OKAY.  LET ME JUST STOP YOU THERE.  AS YOU 

        7   PERFORMED THESE EXAMINATIONS OF THESE LATENTS, WHAT WERE 

        8   YOU COMPARING THEM AGAINST?

        9         A    I WAS COMPARING THEM AGAINST THE CORONER'S 

       10   EXEMPLARS THAT WERE TAKEN DURING AUTOPSY.

       11         Q    AND AUTOPSIES OF WHOM?

       12         A    OF THE VICTIMS, WHITNEY AND WONG.

       13         Q    BUT THOMAS WHITNEY, LARRY WONG, WERE YOU ALSO 

       14   COMPARING THEM AGAINST THE SAME EXEMPLAR PROVIDED BY THE 

       15   DEFENDANT?

       16         A    YES, I WAS.

       17         Q    OKAY.  SO AS YOU'RE GOING THROUGH THESE, 

       18   YOU'RE LOOKING AT THREE SEPARATE PRINTS, MR. WHITNEY, 

       19   MR. WONG, AND MR. CHEUNG?

       20         A    THAT'S CORRECT.

       21         Q    OKAY.  SO YOU SAID THAT NUMBER TWO, YOU WERE 

       22   ABLE TO MATCH THAT TO MR. WHITNEY; IS THAT RIGHT?

       23         A    THAT'S CORRECT.

       24         Q    OKAY.  NOW TELL US ABOUT LATENT LIFT NUMBER 

       25   THREE?

       26         A    LIFT NUMBER THREE WAS LABELED KITCHEN DOOR 

? 699

        1   EDGE, AND WAS IDENTIFIED AS WHITNEY'S RIGHT INDEX 

        2   FINGER.

        3         Q    WHAT ABOUT LATENT LIFT NUMBER FOUR?

        4         A    LATENT LIFT NUMBER FOUR WAS LABELED FACE OF 

        5   STOVE WITH KNOBS, AND WAS OF NO VALUE FOR COMPARISON.

        6         Q    WHAT ABOUT LATENT LIFT NUMBER FIVE?

        7         A    LIFT FIVE WAS LABELED KITCHEN SINK, IN 

        8   PARENTHESIS LEFT SIDE.  IT WAS NOT MADE TO WHITNEY NOR 

        9   CHEUNG, AND IT WAS INCONCLUSIVE TO VICTIM WONG.

       10         Q    ALL RIGHT.  WHAT DOES THAT MEAN, 

       11   INCONCLUSIVE?

       12         A    MANY TIMES WE HAVE DETAIL THAT MIGHT BE 

       13   RETRIEVED FROM A SURFACE THAT IS ON AN EXTREME PORTION 

       14   OF THE FINGER, SIDES OF THE PALMS, TIPS OF THE FINGERS.  

       15   ESPECIALLY IN CORONER'S PRINTS THAT ARE RETRIEVED FROM 

       16   AN AUTOPSY, IT'S VERY DIFFICULT TO RECORD ALL OF THE 

       17   FRICTION RIDGE SURFACE FROM THE HANDS AND FINGERS.

       18              IN THIS CASE THERE WAS NOT ENOUGH DETAIL 

       19   PRESENT IN THE FRICTION RIDGE EXEMPLAR OF WONG TAKEN AT 

       20   AUTOPSY TO CONCLUSIVELY COMPARE THE IMPRESSION LIFT 

       21   NUMBER FIVE FROM THE KITCHEN SINK, SO WE WERE NOT ABLE 

       22   TO DRAW A CONCLUSIVE RESULT FROM THAT.

       23         Q    OKAY.  AND WHAT ABOUT THE FLIP SIDE OF THAT.  

       24   WERE YOU ABLE TO ELIMINATE MR. WONG AS A POTENTIAL 

       25   CONTRIBUTOR OF THAT PRINT?

       26         A    NO.

? 700

        1         Q    PLEASE TELL US ABOUT LATENT LIFT NUMBER SIX?

        2         A    LIFT SIX WAS FROM THE KITCHEN COUNTER, RIGHT 

        3   SIDE OF THE SINK, AND WAS IDENTIFIED AS THE RIGHT PALM 

        4   OF VICTIM WHITNEY.

        5         Q    ALL RIGHT.  AND FINALLY, LIFT NUMBER SEVEN?

        6         A    LIFT NUMBER SEVEN WAS FROM THE TOP, IN 

        7   PARENTHESIS, LID OF WASHER, AND WAS NOT MADE TO WHITNEY 

        8   NOR CHEUNG, AND AGAIN WAS INCONCLUSIVE TO WONG.

        9         Q    NOW YOU DID NOT PHYSICALLY GO TO THE CRIME 

       10   SCENE AT 9 SOLANO; IS THAT CORRECT?

       11         A    THAT'S CORRECT.

       12         Q    HAVE YOU REVIEWED THE REPORTS WRITTEN BY 

       13   OTHER PEOPLE WHO WERE THERE IN MAKING YOUR COMPARISONS?

       14         A    NO.

       15         MR. MURPHY:  THANK YOU.  AT THIS POINT, I HAVE 

       16   NOTHING FURTHER.

       17         THE COURT:  CROSS.

       18                      CROSS-EXAMINATION   ^

       19   BY MS. PETROSINO:

       20         Q    YES.  MS. DAHER, YOU PREPARED A REPORT IN 

       21   THIS CASE; IS THAT CORRECT?

       22         A    THAT'S CORRECT.

       23         Q    AND PRIOR TO PREPARING THAT REPORT OR DOING 

       24   ANY ANALYSIS, YOU WERE GIVEN A REQUEST BY SOMEONE, 

       25   CORRECT?

       26         A    YES.

? 701

        1         Q    OKAY.  AND IN THIS PARTICULAR CASE -- AND YOU 

        2   PUT THAT REQUEST ON YOUR REPORT, CORRECT?

        3         A    I DON'T UNDERSTAND WHAT YOU MEAN?

        4         Q    OKAY.  AS PART OF YOUR REPORT -- WELL, DO YOU 

        5   HAVE YOUR REPORT IN FRONT OF YOU?

        6         A    LET ME LOOK, PLEASE.  OKAY.  YES, I DO.

        7         Q    OKAY.  AND IN YOUR REPORT ARE THERE THINGS -- 

        8   ARE THERE THINGS THAT YOU PUT ON AND THEN THINGS THAT 

        9   SOMEBODY ELSE MAY HAVE PUT ON, OR IS IT ALL YOURS, THE 

       10   INFORMATION?

       11         A    THE COPY OF THE REPORT THAT I'M LOOKING AT IS 

       12   MARKED WITH DIFFERENT NOTATIONS FROM OUR CLERICAL STAFF 

       13   FOR FILING PURPOSES AND COPY PURPOSES.

       14         Q    YOU HAVE LIST ITEM TO BE EXAMINED, AND YOU 

       15   HAVE COMPARE LATENTS FROM VEHICLE DEVELOPED BY KMB.  DO 

       16   YOU KNOW WHO KMB IS?

       17         A    YES, I DO.

       18         Q    WHO IS THAT?

       19         A    THAT'S KELLI BROWN.

       20         Q    AND YOU ALSO HAVE IN YOUR REPORT, COMPARE 

       21   LATENTS FROM THE SCENE DEVELOPED BY DEM.  DO YOU KNOW 

       22   WHO THAT IS?

       23         A    THAT'S DELORA MOGA.

       24         Q    AND YOU ALSO HAVE ON THE SAME REPORT VINCENT 

       25   CHEUNG'S NAME, CORRECT?

       26         A    YES.

? 702

        1         Q    ALL RIGHT.  AND YOU ALSO HAVE INFORMATION 

        2   THAT IT'S A HOMICIDE, CORRECT?

        3         A    YES.

        4         Q    NOW IN YOUR EXPERIENCE AND TRAINING, YOU TAKE 

        5   LATENT -- YOU'RE TAKING ELIMINATION PRINTS.  YOU COMPARE 

        6   -- HAVE YOU HEARD THE TERM, ELIMINATION PRINTS?

        7         A    YES.

        8         Q    WHAT IS THAT?

        9         A    ELIMINATION PRINTS ARE GENERALLY FINGERPRINTS 

       10   THAT ARE FROM A VICTIM, EXEMPLARS FROM A VICTIM, OR A 

       11   SOURCE THAT IS USED TO ELIMINATE BECAUSE THEY MIGHT HAVE 

       12   HAD SPECIFIC CONTACT OR REASONABLE CONTACT WITH THE 

       13   SURFACE WHERE THE PRINTS WERE LIFTED.

       14         Q    BY REASONABLE YOU MEAN -- WELL WHAT DO YOU 

       15   MEAN BY REASONABLE?

       16         A    LIKE, FOR EXAMPLE, IF WE GO TO A BURGLARY 

       17   SCENE AT A HOME AND A PRINT IS LIFTED FROM THE FRONT 

       18   DOOR, THE OWNER OF THE HOME WOULD HAVE HIS ELIMINATION 

       19   PRINTS TAKEN BECAUSE WE KNOW HE BELONGS THERE.  WE KNOW 

       20   THAT HE GOES IN AND OUT OF THAT DOOR ALL THE TIME, SO IT 

       21   WOULD BE REASONABLE TO THINK THAT THAT PRINT MIGHT 

       22   BELONG TO HIM.  AND SO THE ELIMINATION PRINTS OF THE 

       23   VICTIM ARE TAKEN IN ORDER TO ELIMINATE THAT PRINT AS A 

       24   POSSIBLE SUSPECT PRINT.

       25         Q    SO WHEN YOU MAKE A DETERMINATION THAT 

       26   SOMEBODY LEFT THEIR PRINTS THERE, YOU'RE NOT DETERMINING 

? 703

        1   UNDER WHAT CIRCUMSTANCE THEY WERE LEFT, YOU'RE SIMPLY 

        2   DETERMINING THAT THERE MAY OR MAY NOT BE A FINGERPRINT 

        3   THERE BELONGING TO THAT PERSON.  LET ME REPHRASE THAT.

        4              YOUR ASSESSMENT THAT SOMEBODY HAS LEFT A 

        5   FINGERPRINT AND YOU HAVE IDENTIFIED IT TO THAT PERSON IS 

        6   SIMPLY THAT, CORRECT?

        7         A    YES.

        8         Q    IN OTHER WORDS -- 

        9         THE COURT:  THAT'S A LITTLE VAGUE.  IT IS WHAT? 

       10   BY MS. PETROSINO:

       11         Q    YOU'RE NOT DETERMINING UNDER WHAT 

       12   CIRCUMSTANCE THEY LEFT IT THERE, CORRECT?

       13         A    CORRECT.

       14         Q    ALL RIGHT.  AND CAN YOU DETERMINE WHEN THEY 

       15   LEFT IT THERE?

       16         A    NO, MA'AM.

       17         Q    SO -- OKAY.  NOW YOU TALKED ABOUT RIDGE 

       18   DETAIL, AND YOU TOLD US THAT THOSE ARE THE DETAILS THAT 

       19   YOU'RE ACTUALLY LOOKING AT AND MAKING COMPARISONS, 

       20   CORRECT?

       21         A    CORRECT.

       22         Q    IN YOUR ASSESSMENT, THERE ARE TIMES WHEN YOU 

       23   CAN MAKE -- WHEN YOU CAN'T MAKE A COMPARISON BECAUSE 

       24   THERE'S NOT ENOUGH RIDGE DETAIL IN THE FINGERPRINT, 

       25   CORRECT?  THE LATENT?  THE UNKNOWN?

       26         A    THAT'S CORRECT.

? 704

        1         Q    LATENT MEANS UNKNOWN TO YOU, CORRECT?

        2         A    YES.

        3         Q    ALL RIGHT.  THEN WE HAVE THE KNOWNS, CORRECT?

        4         A    YES.

        5         Q    ALL RIGHT.  ARE THERE ALSO TIMES WHEN YOU 

        6   CAN'T MAKE A DETERMINATION BECAUSE THE KNOWNS WEREN'T 

        7   TAKEN PROPERLY?

        8         A    YES.

        9         Q    AND THAT'S WHAT YOU WERE TALKING A LITTLE BIT 

       10   ABOUT BEFORE WITH SOMETIMES ON AUTOPSY FINGERPRINTS 

       11   THEY'RE NOT CLEAR ENOUGH FOR ONE REASON OR ANOTHER, YOU 

       12   CAN'T MAKE A DETERMINATION ON ALL THE FINGERS?

       13         A    THAT'S CORRECT.

       14         Q    ALL RIGHT.  DO YOU HAVE YOUR FINGERPRINT 

       15   CARDS WITH YOU FROM THE CRIME SCENE?

       16         A    YES.

       17         Q    MAY I SEE THEM?

       18         MS. PETROSINO:  YOUR HONOR, WOULD IT BE ACCEPTABLE 

       19   TO MARK ALL SEVEN OF THE CARDS AS DEFENSE NEXT IN ORDER, 

       20   OR DO YOU WANT THEM INDIVIDUALLY MARKED?

       21         THE COURT:  I HAVE NO IDEA WHAT IDENTIFYING 

       22   INFORMATION IS ON EACH CARD SO YOU COULD TELL THEM 

       23   APART.

       24              IN ANY CASE, WE'RE GOING TO TAKE OUR MORNING 

       25   RECESS.  WE'RE GOING TO RESUME AT 20 MINUTES OF 11:00.  

       26   I'LL REMIND YOU NOT TO DISCUSS THE CASE OR FORM ANY 

? 705

        1   OPINIONS ABOUT IT UNTIL IT IS SUBMITTED TO YOU.  PLEASE 

        2   GATHER BACK OUTSIDE THE DOORS OF THIS COURTROOM AT 20 

        3   MINUTES OF 11:00. 

        4                      (MORNING RECESS.)

        5              (THE FOLLOWING PROCEEDINGS WERE HAD IN OPEN 

        6   COURT IN THE PRESENCE OF THE JURY:)

        7         THE COURT:  BACK ON THE RECORD ON PEOPLE VERSUS 

        8   CHEUNG.  ALL OF OUR JURORS ARE PRESENT.  AND BOTH 

        9   COUNSEL AND DEFENDANT ARE PRESENT.  WITNESS IS BACK ON 

       10   THE STAND.

       11              SO DEFENSE MAY PROCEED WITH 

       12   CROSS-EXAMINATION.

       13         MS. PETROSINO:  THANK YOU, YOUR HONOR.

       14   BY MS. PETROSINO:

       15         Q    WHAT I'VE MARKED AS DEFENSE -- OR WHAT I 

       16   WOULD ASK TO BE MARKED AS DEFENSE Y FOR IDENTIFICATION.  

       17   YOU SEE WHAT I'M REFERRING TO?

       18         A    YES.

       19                     (DEFENSE Y = MARKED)

       20         Q    THAT'S A PHOTOCOPY OF THE JACKET THAT SHOWS 

       21   WHO TOOK THE PRINTS OUT?

       22         A    YES.

       23         Q    OR WHO LOOKED AT THEM?

       24         A    YES.

       25         Q    THANK YOU.

       26              NOW X1 THROUGH 7 ARE THE ACTUAL CARDS WITH 

? 706

        1   THE SKETCH OF WHERE THE FINGERPRINT WAS TAKEN ON ONE 

        2   SIGNED AND THE FINGERPRINT ITSELF ON THE OTHER, CORRECT?

        3         A    CORRECT.

        4         Q    AND YOU DIDN'T EITHER -- DID YOU DRAW THE 

        5   SKETCH?

        6         A    NO.

        7         Q    ALL RIGHT.  AND YOU DIDN'T TAKE THE PRINTS, 

        8   CORRECT?

        9         A    CORRECT.

       10         Q    YOU DID THE COMPARISON?

       11         A    YES.

       12         Q    ALL RIGHT.  AND JUST SO WE KNOW.  THE NUMBERS 

       13   1 THROUGH 7 THAT YOU TALKED ABOUT FROM THE CRIME SCENE, 

       14   THAT'S THESE CARDS, CORRECT?

       15         A    YES.

       16         Q    AND THE NUMBER LIFT ONE CORRESPONDS WITH WHAT 

       17   YOU SAID IS ONE ON YOUR DIRECT TESTIMONY, CORRECT?

       18         A    YES.

       19         Q    ALL RIGHT.  AND LIKEWISE THROUGH 7?

       20         A    CORRECT.

       21         Q    FOR ALL THE LATENTS THAT YOU COMPARED, 

       22   DEFENSE X1 THROUGH 7, MR. CHEUNG'S PRINTS WERE NOT FOUND 

       23   THERE, CORRECT?

       24         A    CORRECT.

       25         Q    AND YOU DOCUMENTED THAT IN YOUR REPORT, 

       26   CORRECT?

? 707

        1         A    YES.

        2         Q    ALL RIGHT.  IN TERMS OF CATEGORIZING THEM.  

        3   SOME OF THOSE 1 THROUGH 7 YOU COULD IDENTIFY AS 

        4   MR. WHITNEY'S, CORRECT?

        5         A    YES.

        6         Q    ALL RIGHT.  AND YOU'VE TOLD US WHAT THOSE 

        7   WERE?

        8         A    CORRECT.

        9         Q    ON NUMBER 4 YOU SAID, AND IF YOU WANT TO LOOK 

       10   AT THE LATENT CARD I'D BE HAPPY TO SHOW IT TO YOU TO 

       11   HELP YOU REFRESH YOUR MEMORY.  I THINK YOU SAID IT HAD 

       12   NO VALUE, CORRECT?

       13         A    YES.

       14         Q    WHAT DO YOU MEAN WHEN YOU SAY NO VALUE?  

       15         A    WHEN A LATENT IMPRESSION IS OF NO VALUE FOR 

       16   COMPARISON, THAT MEANS THAT THE CLARITY IN DETAIL IS NOT 

       17   PRESENT AND WE HAVE NOTHING THAT WE CAN LOOK AT AND MAKE 

       18   A DETERMINATION OF WHO MIGHT HAVE LEFT THAT IMPRESSION.

       19         Q    NOW IF I LOOK AT THIS CARD, THERE ARE SEVERAL 

       20   MARKINGS ON THE CARD ON THE BACK WHERE THE FINGERPRINT 

       21   IS; WOULD YOU AGREE WITH ME ON THAT?

       22         A    YES.

       23         Q    ALL RIGHT.  WERE YOU LOOKING AT THE ENTIRE 

       24   CARD OR ONE PARTICULAR MARKING?

       25         A    THE ENTIRE CARD.

       26         Q    ALL RIGHT.  ON NUMBER 5.  AND IF YOU NEED TO 

? 708

        1   LOOK AT THE CARD I'D BE HAPPY TO SHOW YOU.  THAT'S THE 

        2   SINK AREA. 

        3         A    YES.

        4         Q    ON THAT ONE YOU SAID IT'S NOT MR. WHITNEY, 

        5   IT'S NOT MR. CHEUNG, AND IT'S INCONCLUSIVE AS TO 

        6   MR. WONG.  AND WAS THAT ONE OF THE ONES BECAUSE YOU 

        7   COULDN'T TELL FROM MR. WONG'S FINGERPRINT?

        8         A    YES, THE EXEMPLARS WERE OF INSUFFICIENT 

        9   QUALITY TO DRAW A CONCLUSION.

       10         Q    ON THE CARD THAT YOU HAVE THERE, 5, ARE YOU 

       11   LOOKING AT A PARTICULAR FINGER ON THE HAND OR A PALM OR 

       12   WHAT EXACTLY CAN YOU TELL WHAT IT IS?

       13         A    I WOULD HAVE TO HAVE A MAGNIFIER.  I WOULD 

       14   HAVE TO BE ABLE TO LOOK AT IT IN THE SAME CONDITIONS 

       15   THAT I LOOK AT IT WHEN I DO A COMPARISON.

       16         Q    OKAY.  I GUESS I WANT TO ASK YOU.  WERE ALL 

       17   OF MR. WONG'S ELIMINATION PRINTS THAT YOU HAD, WERE THEY 

       18   ALL OF INSUFFICIENT QUALITY THAT YOU COULDN'T USE THEM 

       19   AT ALL, OR IS IT JUST CERTAIN FINGERS?

       20         A    I DON'T KNOW THAT.

       21         Q    WOULD YOUR NOTES -- BECAUSE YOU SAID -- 

       22   BECAUSE IN NUMBER 5 YOU SAID THAT IT'S INCONCLUSIVE AS 

       23   TO MR. WONG.  WOULD YOUR NOTES REFLECT WHAT PART OF IT 

       24   IS INCONCLUSIVE, WHETHER IT'S HIS ENTIRE EXEMPLAR OR 

       25   JUST PART OF IT?

       26         A    IT DOES NOT REFLECT THAT.

? 709

        1         Q    AND CARD NUMBER 7, X7.  SHOW YOU THAT AGAIN.  

        2   LET ME BACK UP TO 5.  FIVE HAD ENOUGH RIDGE DETAIL THAT 

        3   YOU WERE ABLE TO MAKE A DETERMINATION THE CARD ITSELF, 

        4   THE LATENT, THE UNKNOWN HAD ENOUGH RIDGE DETAIL, 

        5   CORRECT?

        6         A    YES.

        7         Q    IN YOUR OPINION.

        8              NUMBER 7.  THAT WAS ALSO ONE YOU SAID 

        9   EXCLUDED MR. WHITNEY, EXCLUDED MR. CHEUNG, BUT WAS 

       10   INCONCLUSIVE AS TO MR. WONG, CORRECT?

       11         A    CORRECT.

       12         Q    SAME QUESTION FOR THAT ONE AS NUMBER 5.  DO 

       13   YOU KNOW WHY IT WAS INCONCLUSIVE?  WAS IT HIS ENTIRE 

       14   EXEMPLAR, HIS ENTIRE PRINT THAT THEY TOOK, OR WAS IT 

       15   JUST A PART OF THAT?

       16         A    I DON'T KNOW.

       17         Q    BUT IN NUMBER 7 THERE WAS ENOUGH RIDGE DETAIL 

       18   TO MAKE A DETERMINATION OF SOME SORT ON THE UNKNOWN 

       19   PRINT?

       20         A    YES.

       21         Q    MR. WHITNEY'S EXEMPLAR -- WHEN I SAY 

       22   EXEMPLAR.  COULD YOU TELL ME WHAT YOU BELIEVE I MEAN BY 

       23   THAT?

       24         THE COURT:  WELL, THAT'S IRRELEVANT.  SHE DOESN'T 

       25   HAVE TO TRY TO FIGURE OUT WHAT YOU MEAN.

       26         MS. PETROSINO:  SURE.

? 710

        1   BY MS. PETROSINO:

        2         Q    I WANTED TO MAKE SURE THAT WE'RE ON THE SAME 

        3   PAGE WHEN I WAS SAYING EXEMPLAR, SO WHAT DO YOU MEAN 

        4   WHEN YOU SAY EXEMPLAR?

        5         A    I MEAN A FINGERPRINT CARD THAT WAS 

        6   DELIBERATELY TAKEN AND WHO WE KNOW THE DONOR IS.

        7         Q    OKAY.  AND USING THAT DEFINITION, WAS THERE 

        8   ANYTHING ABOUT THE EXEMPLAR OF MR. WHITNEY THAT WAS 

        9   INCONCLUSIVE ITSELF?

       10         A    THERE'S NO INDICATION ON ANY OF MY CASE NOTES 

       11   THAT INDICATES THAT THERE WERE INCONCLUSIVE RESULTS TO 

       12   MR. WHITNEY.

       13         Q    AND THAT WAS PROBABLY -- WELL ACTUALLY THAT 

       14   ANSWERS THE QUESTION.

       15              WERE MR. WHITNEY'S PRINTS, THE EXEMPLARS THAT 

       16   WERE TAKEN, WERE THEY OF SUFFICIENT QUALITY THAT YOU 

       17   COULD USE THEM TO MAKE ASSESSMENTS?

       18         A    YES.

       19         Q    OKAY.  THE CARD THAT YOU LOOKED AT FROM THE 

       20   LATENTS, THE UNKNOWNS FROM THE VEHICLE, YOU DON'T GET 

       21   THE INFORMATION AS TO WHOSE VEHICLE THAT IS, DO YOU?

       22         A    THAT IS CORRECT.

       23         Q    YOU'RE JUST LOOKING AT THE PRINTS, CORRECT?

       24         A    YES.

       25         MS. PETROSINO:  THANK YOU.  I HAVE NOTHING FURTHER.

       26         THE COURT:  REDIRECT.

? 711

        1                     REDIRECT EXAMINATION   ^

        2   BY MR. MURPHY:

        3         Q    THANK YOU, YOUR HONOR.

        4              MS. DAHER, REGARDING LATENT LIFT NUMBER 2, 

        5   CAN YOU REFRESH MY MEMORY ON THAT.

        6         THE COURT:  WELL, HOLD ON.  THAT'S IRRELEVANT.  

        7   SHE DOESN'T HAVE TO REFRESH YOUR MEMORY.

        8   BY MR. MURPHY:

        9         Q    OKAY.  IF I COULD HAVE JUST ONE MOMENT, YOUR 

       10   HONOR.

       11         THE COURT:  OKAY.

       12   BY MR. MURPHY:

       13         Q    THE MASTER BEDROOM DOORJAMB, LATENT LIFT 

       14   NUMBER 2, WHAT WAS THE RESULT OF THE COMPARISON OF THAT 

       15   PRINT?

       16         A    LATENT LIFT NUMBER 2 WAS IDENTIFIED AS THE 

       17   LEFT PALM OF MR. WHITNEY.

       18         Q    OKAY.  ALL RIGHT.  SO WERE ANY OF THE PRINTS 

       19   MADE TO MR. WONG?

       20         A    NO.

       21         Q    WHY IS THAT?  YOU TESTIFIED THERE ARE 

       22   SOMETIMES PROBLEMS WHEN EXEMPLARS ARE TAKEN FROM PEOPLE 

       23   IN THE MORGUE.  WHY IS THAT?

       24         MS. PETROSINO:  OBJECTION.  ASSUMES FACTS NOT IN 

       25   -- LACKS FOUNDATION.

       26         THE COURT:  WELL IT'S IRRELEVANT AS TO EVERYONE 

? 712

        1   ELSE.  IF YOU WANT TO ASK HER WHAT THE PROBLEMS WERE 

        2   WITH MR. WONG'S PRINTS, THAT'S FINE.

        3   BY MR. MURPHY:

        4         Q    OKAY.  WHAT WERE THE PROBLEMS WITH MR. WONG'S 

        5   PRINTS?

        6         A    THEY MAY HAVE LACKED CLARITY IN CERTAIN 

        7   AREAS.  THERE MAY HAVE BEEN SMUDGING AS A RESULT OF THE 

        8   RIGIDITY OF THE FINGERS, AND THE DIFFICULTY IN TAKING 

        9   INKED EXEMPLARS FROM A DECEASED PERSON.

       10         Q    OKAY.  ARE YOU FAMILIAR WITH THE DIFFICULTY 

       11   IN TAKING INKED EXEMPLARS FROM A DECEASED PERSON?

       12         A    YES, I AM.

       13         Q    WHAT ARE THOSE DIFFICULTIES?

       14         A    THEY ARE -- HANDS ARE VERY RIGID, AND IT'S 

       15   VERY DIFFICULT TO OFTEN TIMES GET THE FINGERS TO BECOME 

       16   FLEXIBLE ENOUGH TO RETAIN A GOOD INKED IMPRESSION 

       17   BECAUSE THEY'RE OFTEN TIMES VERY CLAW LIKE, AND EVEN 

       18   THEIR HANDS SOMETIMES ARE CLOSED.  AND SO IN ORDER TO 

       19   GET INSIDE, WE HAVE TO PULL THEIR FINGERS APART AND 

       20   BREAK THE RIGOR IN THE FINGERS AND TRY AND INK THE 

       21   PRINTS AND THEN DEPOSIT THOSE PRINTS CLEARLY ON A PAPER 

       22   SURFACE OF SOME KIND.

       23         Q    WHAT IS RIGOR?

       24         A    RIGOR OCCURS WHEN THE JOINTS ARE BEING FIXED 

       25   AFTER DEATH.

       26         MR. MURPHY:  THANK YOU.  I HAVE NOTHING FURTHER.

? 713

        1         THE COURT:  RECROSS.

        2         MS. PETROSINO:  NO.  THANK YOU.

        3         THE COURT:  ALL RIGHT.  YOU MAY STEP DOWN.