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  1. #1
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    Michael Vincent testimony (OCSO crime scene unit)

    Next witness - Michael Vincent

    Direct examination by LDB

    He is an assistant supervisor with the crime scene unit with OCSO. Been there for 9 years. Prior to that, retired Phili p.d.

    Training regarding CSI - high school education in electronics, 8 years in Air Force in law enforcement, then went to the Phili police dept and OCSO has attended over 30 crime scene related schools from 3 days to 3 weeks.

    He is an assistant supervisor. He supervises Gerardo Bloise (testified yesterday afternoon)

    in July 08 assistant supervisor of squad 20. He assisted Bloise with the examination of the Pontiac Sunfire. This included taking samples - initially he collected stain samples checking for blood on the trunk liner - 3 tests all negative.

    Also collected air samples.

    Also collected pieces of the spare tire cover samples. Placed them in tin cans.

    Air sample collection began on 7/21/08. He was assisted by people from UCF. The first attempt Dr. Michael Sigmond from UF assisted, using a large syringe inserted through the trunk seal. They were unable to do it, so they cracked the trunk as little as possible, then closed the trunk, then transferred the air sample to two bags. He also hung a filter in the vehicle and closed it up to see if the air would absorb into the filter. Dr. Sigmond performed the process and he observed. They collected an item shipped to the Oakridge Lab.

    He was shown Exhibit J.N. and identified it as containing the kevlar bag with the air sample in it.

    The next day he took a sample from the stained area of the spare tire cover. He was shown Exhibit I.R. and identified it as the can containing the spare tire cover sample. Collection date was 7/22/08. This was shipped to Oakridge Lab.

    On 7/23/08 he conducted another effort to collect air samples. He observed the collection actually. This time Dr. Sigmond opened the trunk, hung a carbon filter and another type of filter, closed the trunk, waited 40 minutes, then opened the trunk and collected the samples. he was shown Exhibit J.O. and identified it as being collected on 7/23/08. It was also sent to Oakridge Lab.

    On 7/29/08 he assisted in another exam of the trunk to collect samples from it. Prior to that he received equipment from Dr. Voss from Oakridge. He received a portable air pump and 9 test tubes and instructions on where and how to collect samples. He did air samples on 7/29 on the vehicle and 7/30 he did air samples from the trash.

    The equipment was a 9 x 12 square box, 4 inches thick, had a lid that opened. Inside had switches and batteries. 2 rubber tubes coming out the side. On the end of the tubes was a threaded nut. Test tubes had the other side of the nut on each end. He was to set up the equipment and attach the test tubes to the hoses and turn the pump on for a certain time. Tests done in 2 areas. He also took air samples of the garage itself.

    He was shown packages and identified them as the packages containing the test tubes.

    Item N.F. was collected from the interior passenger area on 8/29. He collected it for 69 minutes.
    Item N.G. was collected from the interior passenger area for 69 minutes.
    Item N.H. was collected from the trash inside the trash bag inside the vehicle for approximately 72 minutes on 8/30/08.
    Item N.I. was collected inside the trunk area for 69 minutes on 8/29.
    Item N.J. was collected from the trash on 8/30 for 72 minutes.
    Item N.K. was collected from the inside of the garage on 8/30.
    Item N.L. was a standard or blank test - not used - to show contamination in shipment.
    Item N.N. was collected from the air in garage for 77 minutes on 8/30.

    These were then shipped to Oakridge.

  2. #2
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    Collect items from the spare tire wheel well and send to Oak Ridge?

    yes

    LDB: you recognize?

    yes, there was a substance that was in the tire well and I am almost positive this one went to Dr. Vass

    LDB: recognize the initials on the seal?

    yes, (states who, I cannot hear)

    LDB: did you collected other pieces of the spare tire cover?

    yes

    LDB: one that was not stained?

    yes

    LDB: why?

    a control sample.

    LDB: may I have "IP" for identification? contact?

    yes my label what is inside the can, it was sealed with evidence tape and my initals.

    LDB: after sealed then shipped?

    yes

    LDB: is this something you recognize?

    yes
    John 14:6

  3. #3
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    One can contains as stained piece of the liner and the other is not stained.

    LDB: did you also assist Mr. Bloisy?

    yes

    LDB: include taking the samples from George Lee and Cindy?

    yes

    LDB: taken at these dates?

    yes, the next day I took it from Lee

    LDB: asking for exhibits for identify- cation.
    John 14:6

  4. #4
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    The witness is explaining how he gathered the samples from George Cindy and Lee.

    LDB: has asked him to identify "IX"

    the witness says they are swabs collected from Mrs. Anthony. The box gets sealed put in envelope.

    LDB: also lists George and Lee and witness says the same process was used and he recognizes the samples.
    John 14:6

  5. #5
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    LDB: is asking witness if he was called to Hopespring Drive and has asked about the gas cans. She asks for identification and shows a pic on the screen.

    Witness says this is a gas can he collected.

    LDB: fair and accurate depiction of the gas can you collected?

    yes

    HHJP: received into evidence.

    LDB: Permission to publish?

    HHJP: you may

    LDB: anything you did to change or alter the can until the time of the photo?

    no

    LDB: what happened with this item?

    swabbed it and did latent to get finger prints off

    LDB: was it returned to Hopespring Dr?

    yes

    LDB: when

    I need my notes

    LDB: Your honor may he?

    HHJP: yes he may
    John 14:6

  6. #6
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    Aug 13th to Cindy Anthony the cans were returned.
    John 14:6

  7. #7
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    Continued direct examination of Michael Vincent of OCSO by LDB.

    On 9/27/08 he collected samples from the substance on the spare tire well and sent it to Oakridge. They scraped the substance off and sent it to Dr. Voss. He also collected other pieces of the spare tire cover on 10/30/08 - stained and not stained. The unstained sample was a control. Items I.P. and I.Q. He identified the cans as containing a 6x6 stained piece of trunk liner and 2x2 unstained samples.

    He also assisted Mr. Bloise in taking standards of hair and DNA from GA, CA (10/7/08) and LA (10/8/08). He collected swabs and hair samples. They are then sealed and shipped. Hair samples are pulled, placed in a petri dish and sealed.

    He identified the packages. I.X. - CA swabs, I.Y. - GA swabs, J.B. - swabs from LA. I.Z. - GA hair sample, J.A. - LA hair sample, I.W. - CA hair sample.

    On 8/1/08 he went to the A's house and collected gas cans. Item A.J. is a photo of one of two gas cans and collection card showing date and time collected. Photo marked as Exhibit 107 and published to Jury. He tested it for DNA and finger prints - none found. Item then returned to CA on 8/13/08.

    Hair and swab standards entered into evidence as Exhibits 108-113.

    No more questions by LDB.

  8. #8
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    LDB: enters into evidence hair and buccal swabs into evidence.

    HHJP: received into evidence

    (there has been a long pause)

    LDB: has no more questions

    Jose is doing cross. Is asking about checking for blood and how that was caught on television.
    John 14:6

  9. #9
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    Jose is going after how the car was on television. How the witness was processing the car with Blu Star and how a tv crew was filming, how the witness could see their lights, asking if this witness called the media, or if he knew who did...

    objection
    sustained

    JB: did you know whos intent it was to call the media?

    objection
    sustained

    JB: again

    objection
    sustained

    JB: this is the very first time you took air samples,

    yes

    JB: you never heard of it

    correct

    JB: repeats

    correct

    JB: for you was somewhat a experiment

    it was new I wouldn't call it an experiment

    JB: that was the first time the other guy had collected sample? right

    objection
    sustained

    JB: just couldn't seem to do it correctly

    no not the case at all


    Jose keeps on saying you didn't know what you were doing

    the witness says no

    Jose says you had no idea how to do this?

    the witness says no

    Jose says you had to come back and it was wrong

    objection
    sustained

    JB: ?

    different types of ways to collect samples

    Jose is putting down the way they collect the samples by calling them "little." He says the difficulty that you had...telling the witness he had difficulty...

    the witness says he does not understand what Jose means by difficult.

    Jose is asking if the air is the same on one day as it was on another...he says because air comes in and air goes out and that is the same thing with the car?

    yes

    JB: you don't have any info on this car on june 16th or the air in the garage of the Anthony family...

    OKAY. Again, Jose is just saying that IF this can happen then didn't it happen. He tried to get this witness to say he did not know what he was doing, he did not have access to things no one would expect him to have access to...

    Jose thinks the jury is dumb. He is insulting my intelligence.

    Jose is asking if the witness can do things he was not supposed to do, is asking about things the witness is not a part of and the witness cannot even answer.

    Jose is trying to push that the bay air is not evidence

    but the witness says it is.

    Jose asks again in a different way, he is trying to get the witness to say the air samples he took from the bay are not evidence.

    Jose thinks he can throw out the evidence that is being used in the trial.

    The witness is explaining they test what is in the air in the bay, in the trunk and the trash...

    Now Jose says that is what he was trying to get at...BUT now he is going after the dates like the witness will lie but the witness says,

    correct to everything Jose says. I don't know what Jose is going for but the witnesses are just being normal people with nothing to hide while Jose acts like a mental patient.
    John 14:6

  10. #10
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    Jose is saying there was something done to the trash on the 16th...oh wait he wants to start all over again.

    Jose is asking about the trash being taken to the dry room witness says he doesn't know about that. Jose has approached the witness. Jose has defense exhibit "C" and it is the picture of the garbage from the white garbage bag. With the pizza box, etc.

    Jose is behind and too far ahead in this trial. He keeps on jumping ahead and attacking witnesses that were not the ones who are responsible for what he is asking.
    John 14:6


  11. #11
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    Jose is saying that the garbage would not have had the same moisture as it did

    I can't answer that

    objection
    let him answer

    JB: your common knowledge as a human being the odor from a wet bag of trash...

    if the trash was wet and if it was placed in a dry room to dry IF it was wet the smell would be different.

    JB: and when you took the air sample the air was dry

    that is possible

    JB: can you look at you notes and know where it was stored?

    yes in a box

    JB: and it was not moist?

    ?

    Again, what difference does this make, is it going to make when it is explained no one is saying the smell came from that garbage? This is sad.
    John 14:6

  12. #12
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    Continued Cross Examination of Michael Vincent by JB.

    Collection of blood was not on tv. The bay and the car were on tv. The garage door was open when he and Inv. Bloise were processing the car. There was a tv crew there. He did not believe they had lights on. He did not call the media.

    This is the first time he has collected air samples. First time he had ever heard of it being done. It was new. He wouldn't call it an experiment.

    He agreed there were multiple attempts to collect air samples. He did not collect them on the 17 and the 23rd. Dr. Sigmond did it. He observed. Different types of filters were used to collect the air samples. First there was the syringe, then the carbon filters, then in August he received the pump from Dr. Voss - that is the only sample he collected.

    He agreed that air would come and go in the trunk and in the garage bay.

    He did not test the air in the A's garage, tow yard or near the dumpster at the tow yard.

    The 8/29/08 air samples - he took samples of the forensics bay air. It is evidence.

    He thinks the tests were conducted to see what was in the air in the different locations, not to compare them, other than to see if the air in the garage made it into the trunk and visa versa. He agreed the forensics bay garage was taken a month later.

    He thinks the prior samples were taken due to the odor.

    He took an air sample of the trash. He did this on 8/29. He did not test it on 7/16 so he couldn't say if there was a difference. (JB's questions are very confusing!!)

    Trash was collected on 7/16. He didn't know if it was immediately taken to the dry room. (JB at Clerk's table looking for something). the witness is then shown Defense Exhibit C (not admitted yet so Jury can't see). Photo on left looks like the trash when he first saw it. The photo on the right was of the trash being laid out to be inspected. Trash would be put in the dry room to either store it or dry it. The trash samples were taken after the trash had been in the dry room. He could not say if the air sample of dried trash would be different from the wet trash. If the trash was wet and placed in a dry room, the smell would be different wet and dry. It is possible the trash was dry when he took the air sample. The trash was stored in a brown cardboard box. It was not wet.

    Regarding gas can, he collected it. It is metal and completely dry. The shiny area below the duct tape might be a stain from prior dried gas. He processed the can for prints and there weren't any. Some times they can tell if something had been wiped down for prints. It did not appear to him that this can had been wiped down, but it did not contain any prints.



    Redirect exam of Michael Vincent by LDB.

    Gas can was pointed out to him and he collected it. He wore gloves.

    Car was stored in garage from 7/16 to when he took the samples. The odor was still there at the end of August. It had not diminished in that time.

    Trash was handled by Inv. Bloise, not him. The garbage was stored seperately from the car the entire time.

    Witness is excused subject to recall.

    Jury excused until Monday at 9:00

  13. #13
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    HHJP: after LDB he is asking if there are any additional questions. May the witness be excused. You may be excused sir, subject to a recall. I don't think we have a eight minute witness. We will recess and be back Monday at nine am. I have worked out the kinks as far as resturant number one. And see about resturant number two. Okay. I think things should work out for the hamburgers, you don't know yet? I will find out before I leave today. Okay, see you on Monday morning.

    I that HHJP thinks of the jury. Jury!

    The jury is dismissed.
    John 14:6

  14. #14
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    LDB wants one of her consultants to be released from the rule of sequestration so they can talk to another listed witness. No objection by Defense. Permission granted.

    CM finds it extraordinary that the trash came in due to rule of sequestration. HHBP says it is what it is. Interesting dichotomy trash and garbage. Only the good Lord knows what the third conotation would be - REFUGE (really). Some people call it waste management.

    Recess to 9:00 Monday.

  15. #15
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    LDB
    Michael Vincent - CSI w/OCSO - insects trash in pontiac sunfire.....OO and OP exhibits for identification ...approach witness...

    look @ OO - OCSO records and memory - one small vial containing maggots in preserved solution - transition to Dr Neil Haskell....reference report to reflect recollection....

    vial containing maggots in trash bag....collected from trash bag ...not his initials on the envelope.....scissors.....

    yes these are maggots from the trash...OCSO records sent item to Dr. haskell for identification...

    OP - look in package - something you collected? yes - bug insect eggs called pupae - late stage of their lifecycle....sealed by Investigator Welch and sent off to haskell by self.

    cross

    JB - vincent
    these items taken from garbage bag - collected on 7/16? no on Aug 28th....processed veh on 7/16? no I didn't process vehicle.....on the 17th....inspected trunk and items found in trunk...ability entomology help ...later stages of pupae - stage of maggot life....determine life cycle (object- beyond scope....questio n for foundation....JB - sustained)....attempt to establish foundation....some training in emptomology...different stages maggot and other insects....take stages and give pin point to time of death....possible....aware of this evidence when car was inspected on 7/16? no ....didn't see maggot on 7/16/08 - not in trunk of car....none that I saw....saw it in garbage bag some time later.....redirect?

    witness excuse.


    Proud member of the AFKBPOFPOPL

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