FL v. Tomasz Koswoski Day 4

FL v. Tomasz Koswoski Day 4

Dr. Tomasz Kosowski stands trial in the disappearance and alleged killing of Largo attorney Steven Cozzi day 4. Read the transcript here.

Dr. Tomasz Kosowski stands trial in the disappearance and alleged killing of Largo attorney Steven Cozzi day 4.
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Speaker 1 (00:00):

(silence)

Judge Bulone (46:39):

All right. So the State's here. Mr. Hernandez is here on standby counsel, and I believe, Mr. McNeil, standby counsel is speaking to the Defendant in the back. So we'll wait for them to get back.

(46:48)
[inaudible 00:47:07]

(46:48)
All right, and Mr. Nogren's here now.

Ms. Pidari (49:52):

Apologies, Your Honor.

Judge Bulone (49:53):

No problem. All right. Anything we need to talk about before we begin?

Mr. Nogren (49:59):

No, I don't think so, Your Honor.

Judge Bulone (50:04):

All right. I thought I would tell you this sooner rather than later, but I just prepped up my Friday calendar. I don't think it's all that long. I mean, I can shorten it up to 10:15, if that's all right.

Mr. Nogren (50:15):

Yep, that's fine with us. We have witnesses assigned for tomorrow and some that can't come in earlier, so we may end earlier lunch that we may not have witnesses.

Judge Bulone (50:28):

All right. All right, that's fine. So Friday we'll try to start at 10:15. Okay? All right. Mr. Kosowski, any issues before we begin?

Mr. Kosowski (50:40):

No, Your Honor.

Judge Bulone (50:41):

All right. State, please call your next witness.

Ms. Pidari (50:44):

Yes, Your Honor. The State will call Deputy Simons.

Speaker 2 (50:44):

Watch your step. This way, please.

(50:44)
[inaudible 00:51:21]

Speaker 3 (51:24):

Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?

Deputy Simons (51:28):

I do.

Speaker 3 (51:29):

Thank you.

Judge Bulone (51:41):

Good morning, sir. Ms. Pidari, you may inquire.

Ms. Pidari (51:42):

Thank you, Your Honor. Good morning. And if you could just turn the microphone towards you. The acoustics in here are not very good.

(51:48)
Will you please introduce yourself and spell your full name for the record?

Deputy Simons (51:51):

Deputy William Erik Simons.

Ms. Pidari (51:53):

Okay. And will you spell it for us?

Deputy Simons (51:55):

Common spelling for William. Erik is E-R-I-K. Last name Simons, S-I-M-O-N- S.

Ms. Pidari (52:00):

Okay. And where do you work?

Deputy Simons (52:02):

Miami-Dade Sheriff's Office.

Ms. Pidari (52:03):

What is your role there?

Deputy Simons (52:05):

Canine officer.

Ms. Pidari (52:06):

And how long have you been in the canine unit?

Deputy Simons (52:08):

21 years.

Ms. Pidari (52:09):

Can you walk us through the training that you went through to become a canine deputy?

Deputy Simons (52:14):

Well, we have to attend a 480 hour mandated course by FDLE for patrol work, and then 200 hours for detection work.

Ms. Pidari (52:25):

Okay. Do you have to do continuing certifications or continuing education?

Deputy Simons (52:29):

Yes. We have to do a minimum of 16 hours of training per discipline.

Ms. Pidari (52:35):

Is that every-

Deputy Simons (52:35):

Monthly. Monthly.

Ms. Pidari (52:36):

Oh, monthly. Okay. And are you up to date in all of your training?

Deputy Simons (52:39):

Yes, ma'am.

Ms. Pidari (52:40):

Okay. Do you have a canine or multiple canine partners that you routinely work with?

Deputy Simons (52:47):

Yes, I work multiple dogs.

Ms. Pidari (52:49):

Okay. And at one point was one of your dogs named Connor?

Deputy Simons (52:52):

Yes, ma'am.

Ms. Pidari (52:53):

Okay. What breed of dog is Connor?

Deputy Simons (52:56):

Belgian Malinois.

Ms. Pidari (52:57):

And how long did you work with him?

Deputy Simons (53:00):

I worked with him for approximately six years before he retired.

Ms. Pidari (53:03):

Before he retired?

Deputy Simons (53:04):

Yes.

Ms. Pidari (53:04):

Is he retired now?

Deputy Simons (53:05):

Yes, ma'am.

Ms. Pidari (53:06):

Okay. And what were the dates of when you worked with him for those six years?

Deputy Simons (53:10):

If I remember correctly, it was December or November of 2019 until January of this year.

Ms. Pidari (53:18):

Okay. And what is Connor's specialty?

Deputy Simons (53:22):

Tracking and human remains.

Ms. Pidari (53:24):

Can you explain to the court what training he went through to specialize in tracking and human remains detection?

Deputy Simons (53:31):

Well, for the human remains detection, we actually went through that 200-hour detection course and we utilized actual human remains from the ME's office, and that's what we used to imprint them on.

Ms. Pidari (53:42):

Okay. So did he also have to do continuing recertifications or education every month or year or however it works?

Deputy Simons (53:49):

Yes. We maintained our monthly training and we had to certify every year.

Ms. Pidari (53:53):

Okay. Can you walk us through what that training looks like for him?

Deputy Simons (53:57):

The monthly training would be just setting up different hides in vehicles, rooms, area searches, buried hides, shoreline searches. We try to replicate anything that we may need to search throughout our job function.

Ms. Pidari (54:13):

Is Connor trained to decipher or to know the difference between the scent of human remains versus let's say animal remains?

Deputy Simons (54:22):

Yes.

Ms. Pidari (54:22):

And can you explain to the court how he learned that? What was the process for his training?

Deputy Simons (54:27):

I'm not a medical professional, but according to our ME, the human body when it decomposes produces a unique odor in the animal kingdom compared to any other animal. And also while we're doing the imprinting, we'll find animals on the side of the road and we'll also use them and bury them and hide them to verify that he's not hitting on animal remains.

Ms. Pidari (54:50):

Okay. So part of his training, you will get portions of a dead animal, and then you will also get maybe some type of human remains from the ME's office. Is that fair?

Deputy Simons (54:59):

Yes.

Ms. Pidari (55:01):

And what kind of human remains would you have in order to train him from the medical examiner's office?

Deputy Simons (55:05):

Sometimes we'll use an entire corpse at the ME's office. Sometimes we'll use a calf muscle, a leg, an arm, fingers, a wrist. We've utilized a full head before, whatever the ME gives us or whatever is donated to us.

Ms. Pidari (55:25):

Okay. And throughout that training, let's say there'd be some type of animal carcass or some type of animal remains and then some type of human remains nearby and you're trying to see if he can detect human versus animal?

Deputy Simons (55:36):

Correct. And then we also use boxes. So in the boxes we'll have different distractor orders with their toy, pieces of a dead animal, coffee grounds, things of that nature. And then in one of the other boxes will be the actual human remains. So we run him through that and verify that he's not hitting on any of those, but that he's hitting on the human remains.

Ms. Pidari (55:57):

Okay. How is Connor trained to alert you if he gets a hit on human remains?

Deputy Simons (56:03):

To sit. His final response is to sit.

Ms. Pidari (56:05):

Is to sit?

Deputy Simons (56:06):

Yes.

Ms. Pidari (56:08):

Okay. And in the time that you've worked with Connor, has he ever been successful in detecting human remains in a crime scene separate and apart from his training?

Deputy Simons (56:14):

Yes.

Ms. Pidari (56:15):

Can you tell the court about that?

Deputy Simons (56:17):

One was a case in Davie, Florida. It was a female victim by the name of Erica, was murdered by her estranged boyfriend. I remember correctly. His name was Eric. He killed her and dumped her in a lake behind his house, and canine Connor located her on the shoreline. She was, I don't want to say buried, but she was submerged several feet on the water and the dog was able to locate her.

Ms. Pidari (56:44):

Okay. Any other times?

Deputy Simons (56:45):

Yes. Another case in Boynton Beach. We've located a torso that was buried approximately six feet in the backyard of a house, and the subject placed a pallet of tile also on top of it after he buried it.

Ms. Pidari (57:02):

All right. So Connor was successful in locating both of those in the past?

Deputy Simons (57:05):

Yes.

Ms. Pidari (57:06):

Okay. So I want to draw your attention to March of 2023. Were you and Connor working together back then?

Deputy Simons (57:12):

Yes.

Ms. Pidari (57:12):

And back in March of 2023, did you get called out to assist in the search of Steven Cozzi?

Deputy Simons (57:18):

Yes.

Ms. Pidari (57:20):

When did you first get involved?

Deputy Simons (57:23):

If I remember correctly, it was our homicide detectives that reached out to us asking if I can do a search for Largo PD.

Ms. Pidari (57:30):

Okay. And where did you go first?

Deputy Simons (57:32):

If I remember correctly, it was a location off of State Road 41, Monroe Station, I think it's called.

Ms. Pidari (57:38):

Monroe Station?

Deputy Simons (57:39):

Yes.

Ms. Pidari (57:39):

Is that off a dirt road, Loop Road?

Deputy Simons (57:43):

I don't remember. I just know it's off of State Road 41.

Ms. Pidari (57:46):

Okay. And do you remember what day you got there?

Deputy Simons (57:50):

No, I don't remember the actual day. I just remember it was the 30th or 31st.

Ms. Pidari (57:55):

Of March?

Deputy Simons (57:56):

Yes.

Ms. Pidari (57:56):

Okay. That's okay.

Deputy Simons (57:56):

Yeah.

Ms. Pidari (57:59):

So when you got there, talk to us. What did you do first?

Deputy Simons (58:03):

I spoke to the detectives. I asked them what's the area that they needed me to search. Once they told me what they needed me to search, I conducted an area search of that location, which was a field, some brush, had some construction equipment around there, some dumpsters, and that's where I began my search.

Ms. Pidari (58:25):

Okay. So the area that you were searching, you said there was a few dumpsters?

Deputy Simons (58:28):

Yes.

Ms. Pidari (58:29):

Was there a rest area, do you recall?

Deputy Simons (58:31):

A rest area?

Ms. Pidari (58:33):

Like a little parking lot.

Deputy Simons (58:34):

I think so, yes.

Ms. Pidari (58:35):

Bathrooms?

Deputy Simons (58:38):

I'm not sure if they had bathrooms, but it was definitely a rest area.

Ms. Pidari (58:41):

Okay. And you said kind of like a field. So is there a lot of grass and open areas?

Deputy Simons (58:48):

Yes.

Ms. Pidari (58:49):

Overgrown?

Deputy Simons (58:50):

Yes.

Ms. Pidari (58:50):

Okay. And when you guys got there, talk to us about what Connor did and how did you start the tracking? How did you start to look for the human remains, so any detection of?

Deputy Simons (58:59):

So I checked the wind direction because I tried to search into the wind, makes my job a little easier, and asked everybody to clear the area and gave him his command to search and began doing an area search using a quartering pattern.

Ms. Pidari (59:20):

Okay. And where did he want to go? Where was he still trying to go back to?

Deputy Simons (59:24):

Immediately, he just kept going to the green dumpster that was located on the area that we were searching.

Ms. Pidari (59:31):

Okay. And what did he do ... Did you allow him to go to the dumpster or did you try and kind of deter him before he made his way back?

Deputy Simons (59:36):

No, I let him go to the dumpster.

Ms. Pidari (59:38):

And when he got to the dumpster, what did he do?

Deputy Simons (59:40):

He began to jump up on the dumpster and then he sat.

Ms. Pidari (59:43):

And then he sat?

Deputy Simons (59:44):

Yes.

Ms. Pidari (59:44):

So like you said before, is that him alerting to him scenting out potential human remains?

Deputy Simons (59:50):

Yes. That's his final response, yes.

Ms. Pidari (59:52):

Okay. Although Connor alerted to the dumpster, did anyone locate a body at that location?

Deputy Simons (59:58):

Not that I'm aware of.

Ms. Pidari (59:59):

Did you then get called out to where the dumpster had been dumped, which was the Collier County landfill?

Deputy Simons (01:00:06):

Yes, ma'am.

Ms. Pidari (01:00:06):

And was that the following day?

Deputy Simons (01:00:10):

I'm not sure. I know it was right after.

Ms. Pidari (01:00:12):

Okay. So not the same day though that he got the hit?

Deputy Simons (01:00:14):

No, not the same day.

Ms. Pidari (01:00:15):

Okay. And did you bring Connor with you?

Deputy Simons (01:00:18):

Yes, ma'am.

Ms. Pidari (01:00:19):

Now, how long were you out there with Connor? Were you there for days, one day?

Deputy Simons (01:00:23):

If I remember correctly, we went up several times to do a search there. I just don't remember how many days.

Ms. Pidari (01:00:29):

Okay. Long hours?

Deputy Simons (01:00:31):

Yes, ma'am.

Ms. Pidari (01:00:31):

Okay. May I approach the clerk?

Judge Bulone (01:00:51):

You may.

Ms. Pidari (01:00:51):

Your Honor, [inaudible 01:00:51] it's been pre-marked as 109 for identification. May I approach?

Judge Bulone (01:00:51):

You may.

Ms. Pidari (01:00:52):

Okay. Deputy, I am handing you what's been pre-marked as State 109 for identification. Take a look at it, and do you recognize that?

Deputy Simons (01:00:58):

Yes.

Ms. Pidari (01:00:59):

And did you review what was on this disc?

Deputy Simons (01:01:01):

Yes.

Ms. Pidari (01:01:01):

Are those your initials and the date of when you reviewed it?

Deputy Simons (01:01:03):

Yes, ma'am.

Ms. Pidari (01:01:04):

And what is on the disc?

Deputy Simons (01:01:06):

Photos of the dumpster and the dump.

Ms. Pidari (01:01:09):

A video of the dump?

Deputy Simons (01:01:09):

Yes, ma'am.

Ms. Pidari (01:01:11):

And you went to both locations. Did you take those photos or the video?

Deputy Simons (01:01:14):

No, ma'am.

Ms. Pidari (01:01:15):

Despite not taking them, after reviewing them, did they fairly and accurately depict both the dumpster that Connor hit on as well as the landfill that you searched?

Deputy Simons (01:01:23):

Yes, ma'am.

Ms. Pidari (01:01:23):

At this time, the State would offer into evidence what's been pre-marked as State's 109, for identification State's 109.

Judge Bulone (01:01:28):

All right. Any objection?

Mr. Kosowski (01:01:30):

No, Your Honor.

Judge Bulone (01:01:30):

All right. It's admitted.

Ms. Pidari (01:01:31):

Thank you. So before we talk about your search of the landfill, I would like to publish the photographs of the dumpster first. All right. So for the record, this is DSC_0155.jpeg. What are we looking at here?

Deputy Simons (01:01:56):

Waste Management dump.

Ms. Pidari (01:01:57):

Is this the dumpster that Connor hit on?

Deputy Simons (01:01:59):

Yeah. Yes, ma'am.

Ms. Pidari (01:02:00):

Okay. And you said that he jumped up first. Do you recall where he did that?

Deputy Simons (01:02:06):

He was circling and it kept jumping up, and then if I remember correctly, it was the right side of the dumpster that we're looking at.

Ms. Pidari (01:02:11):

The right side?

Deputy Simons (01:02:12):

Yes.

Ms. Pidari (01:02:12):

If we're looking straight on?

Deputy Simons (01:02:13):

Yes.

Ms. Pidari (01:02:14):

Okay. And can you go to the next one and to the next one? All right. So this is a different angle of the dumpster, and that is DSC_0158.jpeg. Is this kind of an accurate reflection of the bushes and the high grass area that was around and surrounding the dumpster?

Deputy Simons (01:02:32):

Yes, ma'am.

Ms. Pidari (01:02:33):

Okay. And back here, it's hard to see, but is this where that road is that comes off of the Tamiami Trail 41?

Deputy Simons (01:02:42):

Yes, ma'am.

Ms. Pidari (01:02:45):

Okay. And then is there also more the fields and stuff in the back?

Deputy Simons (01:02:48):

Yes, ma'am.

Ms. Pidari (01:02:48):

Okay. Now, after this hit, you go to the landfill and talk to us about, have you ever done a landfill search before?

Deputy Simons (01:03:00):

Yes, ma'am.

Ms. Pidari (01:03:01):

Okay. Had Connor at this point?

Deputy Simons (01:03:03):

Connor? No.

Ms. Pidari (01:03:04):

Okay. So you have done landfill searches with other canines, is that fair?

Deputy Simons (01:03:08):

Yes, ma'am.

Ms. Pidari (01:03:09):

And can you tell the court a little bit about those searches you've done in the past?

Deputy Simons (01:03:14):

The first landfill search we did was in the Cayman Islands. It's similar to the landfills that we have here. A lot of hazards, a lot of decaying organic material. It's a very difficult search.

Ms. Pidari (01:03:27):

Difficult search?

Deputy Simons (01:03:27):

Yes.

Ms. Pidari (01:03:28):

Were you successful in locating human remains in the Cayman Islands?

Deputy Simons (01:03:31):

No.

Ms. Pidari (01:03:32):

Okay. Have you ever done another landfill search?

Deputy Simons (01:03:34):

Yes.

Ms. Pidari (01:03:35):

Where was that?

Deputy Simons (01:03:36):

In Highlands County.

Ms. Pidari (01:03:37):

And tell the court a little bit about that.

Deputy Simons (01:03:39):

We were looking for a newborn infant that had been dumped in one of those green trash bins, and they were able to track down the, I think it was Highlands County Solid Waste, what landfill it was taken to, the timeframe it was taken to, and what area the landfill it was at. So that's the area that we were searching. We were successful in finding what they think they used, it was a blanket that they used to wrap the baby in.

Ms. Pidari (01:04:09):

Okay. So-

Deputy Simons (01:04:10):

And it was not me that located it though. It was another canine team.

Ms. Pidari (01:04:14):

You were there?

Deputy Simons (01:04:15):

Yes.

Ms. Pidari (01:04:15):

Okay. So a canine team that was alongside of you did not locate human remains, like a body or body parts necessarily in either of these landfill searches, but maybe some, like a blanket?

Deputy Simons (01:04:27):

Yes.

Ms. Pidari (01:04:28):

Is that fair? Okay. What environmental factors come into effect in a canine search of a landfill?

Deputy Simons (01:04:37):

There's a lot of hazards, especially needles, even though they're not supposed to dump medical waste in the landfills, we run into it all the time. Decaying animal carcasses, sharp objects, metal, knives, all types of material that's there. It's a very difficult search.

Ms. Pidari (01:04:55):

Okay. So the hazards, and what about the factors that play into scent detection in the landfill? Is it overwhelming for not only humans, but also canines?

Deputy Simons (01:05:07):

Yes.

Ms. Pidari (01:05:08):

And why is that?

Deputy Simons (01:05:09):

If it's overwhelming for us, just imagine canine's ability. They still can distinguish. They'll be able to pick out certain odors in that, but you almost have to be on top of it because it's just so much decaying organic material. It just becomes very difficult.

Ms. Pidari (01:05:24):

Now, is there also waste materials such as, I don't know, sanitary napkins or tampons and other things-

Deputy Simons (01:05:30):

Yes.

Ms. Pidari (01:05:30):

... that could have human detection or scent, but may not be a decaying body?

Deputy Simons (01:05:35):

Yes. Yes. If there's any bodily fluids on anything, the dog will hit on it.

Ms. Pidari (01:05:40):

So fair to say it is a tough thing to do, to bring a canine out to a landfill?

Deputy Simons (01:05:43):

Yes, ma'am.

Ms. Pidari (01:05:44):

Okay. Regardless, you brought canine Connor out to the landfill in Collier County and you were there for a while. Do you recall what that dump looked like?

Deputy Simons (01:05:58):

A typical landfill.

Ms. Pidari (01:05:58):

Huh?

Deputy Simons (01:05:59):

It was a typical landfill, full of trash.

Ms. Pidari (01:06:00):

Full of trash.

Deputy Simons (01:06:00):

Yes.

Ms. Pidari (01:06:01):

And while you're there, are there also heavy duties-

Speaker 4 (01:06:00):

Full of trash.

Ms. Pidari (01:06:00):

Full of trash.

Speaker 4 (01:06:01):

Yes.

Ms. Pidari (01:06:01):

And while you're there, are there also heavy duty equipment that's pushing the trash and moving it all around?

Speaker 4 (01:06:07):

Yes, ma'am.

Ms. Pidari (01:06:08):

Okay. When you're searching a landfill, are there big pieces of some things, like maybe there's a basketball, but then there's just confetti everywhere else?

Speaker 4 (01:06:17):

Yes.

(01:06:18)
There's no rhyme or reason.

Ms. Pidari (01:06:20):

So it's just a lot of just stuff everywhere?

Speaker 4 (01:06:23):

Yes.

Ms. Pidari (01:06:24):

Okay. So you reviewed a video of that landfill in Collier County, right?

Speaker 4 (01:06:28):

Yes.

Ms. Pidari (01:06:29):

Okay. Can we publish that?

(01:06:30)
All right. Is that the landfill that you searched?

Speaker 4 (01:07:09):

It looks like it.

Ms. Pidari (01:07:10):

All the garbage?

Speaker 4 (01:07:12):

Yes, ma'am.

Ms. Pidari (01:07:47):

In addition to essentially a mountain of garbage and just pieces of everything, what was the smell like?

Speaker 4 (01:08:00):

I couldn't describe the smell. It was just horrible.

Ms. Pidari (01:08:02):

It was horrible?

Speaker 4 (01:08:02):

Yeah.

Ms. Pidari (01:08:03):

So bad that you had to throw away your clothes the next day?

Speaker 4 (01:08:06):

Yes.

Ms. Pidari (01:08:07):

Okay. So it's overwhelming. The smell is horrible. Is it hot out?

Speaker 4 (01:08:10):

Yes.

Ms. Pidari (01:08:11):

And is there a lot going on in addition to you and Connor searching? Are there other officers searching? There's machinery that's being pushed around and things like that?

Speaker 4 (01:08:18):

Yes.

Ms. Pidari (01:08:19):

Okay. So distracting even for him?

Speaker 4 (01:08:22):

Yes.

Ms. Pidari (01:08:22):

Were you successful with Connor in locating or detecting human remains of Steven Cozzi at the Collier County landfill?

Speaker 4 (01:08:29):

No, ma'am.

Ms. Pidari (01:08:30):

May I have a moment to confer?

Judge (01:08:34):

You may.

Ms. Pidari (01:08:34):

I have no further questions at this time. Thank you.

Judge (01:08:37):

All right. Any cross-examination of this witness?

State Attorney Nathan Vonderheide (01:08:39):

No, Your Honor.

Judge (01:08:40):

All right. Thank you, sir. You may step down. State, please call your next witness.

State Attorney Nathan Vonderheide (01:08:51):

State calls Kevin Corrigan.

Speaker 5 (01:09:31):

[inaudible 01:09:31] next to me. Face the clerk and raise your right hand [inaudible 01:09:36].

Court Clerk (01:09:36):

Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?

Kevin Corrigan (01:09:41):

I do.

Speaker 5 (01:09:41):

Sir, this way please. Watch your step.

State Attorney Nathan Vonderheide (01:09:47):

And before we begin his testimony, Your Honor, at this time I'll request to move into evidence state's ID 110. In state's 110, they are T-Mobile records from the defendant's phone from March 14th to March 21st of 2023. There is a records affidavit which complies with the statute. I filed a notice of using this business record back in March of 2025. It has not been subject to any objection. So it's pursuant to 98036, 990211. I'd be moving 110 into evidence.

Judge (01:10:22):

All right. Mr. Kosowski, any objection to it being moved into evidence here?

Mr Kosowski (01:10:26):

[inaudible 01:10:27].

Judge (01:10:28):

All right. And that's based upon what?

Mr Kosowski (01:10:30):

Prior to the search warrant.

State Attorney Nathan Vonderheide (01:10:33):

We knew his phone number and we obtained these records independently, so I don't think it has anything to do with the search warrant, just to make the record clear about that.

Judge (01:10:40):

All right. Well, it's overruled at any rate, so it's admitted.

State Attorney Nathan Vonderheide (01:10:51):

Additionally, second set of T-Mobile records from the defendant's phone, which was 321-663-0128. These are from March 21st, 2023 to March 26th, 2023. These are from T-Mobile. These are the entirety of the records. I filed a business record affidavit intent back in March of 2025. It's signed under the penalties of perjury and it's Florida Statute 98036, Florida Statute 9902711, Your Honor. Self-authenticating document.

Judge (01:11:23):

All right, what number is this?

State Attorney Nathan Vonderheide (01:11:24):

We're up to, sorry, state's ID 111 and it's state's 111.

Judge (01:11:30):

All right. So Mr. Kosowski, same objection?

Mr Kosowski (01:11:33):

Yes, Your Honor.

State Attorney Nathan Vonderheide (01:11:34):

All right. And same response. It's not a subject to any search warrant. We knew his phone number from him calling into the court hearing.

Judge (01:11:41):

All right. It's admitted.

State Attorney Nathan Vonderheide (01:11:48):

Morning, sir. Could you please state your full name and spell your last name for the court reporter?

Kevin Corrigan (01:11:51):

Good morning. My name is Kevin Corrigan, C-O-R-R-I-G-A-N.

State Attorney Nathan Vonderheide (01:11:57):

And where are you presently employed, sir?

Kevin Corrigan (01:11:59):

I'm a special agent with the Federal Bureau of Investigation.

State Attorney Nathan Vonderheide (01:12:03):

Okay. What do you do for the FBI?

Kevin Corrigan (01:12:05):

Well, I've been a violent crime investigator for pretty much the entirety of my 12-year career with the FBI, and I'm currently assigned to the FBI's CAST unit.

State Attorney Nathan Vonderheide (01:12:13):

Okay. Tell us what is the CAST unit?

Kevin Corrigan (01:12:16):

So CAST stands for Cellular Analysis Survey Team. We're an FBI unit made up of approximately a hundred FBI agents and task force officers, and all of us have specialized training and experience in analyzing cellular records and then going out and finding the devices that are associated with those records.

State Attorney Nathan Vonderheide (01:12:33):

Okay. How long have you been doing on the CAST team?

Kevin Corrigan (01:12:35):

So I started with CAST in 2023, became a certified CAST asset in '24.

State Attorney Nathan Vonderheide (01:12:39):

Okay. Tell me about your training as it relates specifically to being a CAST asset.

Kevin Corrigan (01:12:45):

So CAST has an established training or certification curriculum that we utilize to certify CAST applicants to the program. The CAST training curriculum is about a year and a half to two years long. There are several classes and iterations that each candidate has to pass, and there also getting ranked amongst their peers because at the end of that training pipeline, if you will, is a four-week certification class where we bring in engineers from the three major cell phone providers, T-Mobile, AT&T, and Verizon. And those engineers will teach us about their cellular networks, how they're designed, how the networks operate, and more importantly, how cell phones interact with those cellular networks. We also bring in graduate level professors of RF or radio frequency to help us understand how these networks utilize that technology, the RF technology to connect phones to networks. That's our-

State Attorney Nathan Vonderheide (01:13:45):

I'm sorry, go ahead.

Kevin Corrigan (01:13:46):

So that's our initial certification process that's to get you in the door. And then every year CAST has an additional one-week certification class that we bring in the same folks that I mentioned before from the cell phone providers and the professors of RF and several different CAST led trainings each year to maintain our certification.

State Attorney Nathan Vonderheide (01:14:05):

Okay. And as part of that certification process, is the technology with cellular telephones advancing?

Kevin Corrigan (01:14:11):

Yes. And that's why we have that continuous ongoing certification requirement where we meet with these providers every single year and they keep us up to date on how their technology has advanced or changed or any idiosyncrasies we may see in the record. So we stay up to date with how to read, interpret and analyze cell phone records.

State Attorney Nathan Vonderheide (01:14:30):

Okay. And so reading, interpreting cell phone records, how many years have you been doing it independent of being on the CAS team?

Kevin Corrigan (01:14:38):

I've been looking at cell phone records for pretty much my entire career in the FBI. Specifically when I started with the CAST unit, that's when I started getting into it almost a full-time basis. And right now I'm a full-time CAST asset. I've been looking at phone records pretty much as my sole responsibility for about two years now.

State Attorney Nathan Vonderheide (01:14:58):

Okay. And so as part of that role, what kind of documentation do you receive and how do you go about interpreting that data?

Kevin Corrigan (01:15:07):

So we receive cell phone records from the cell phone providers and there's several different types of records that we receive in law enforcement, but basically these records document connections or interactions between cell phones and cell sites, and we use those records to provide input or analysis on where a phone is located.

State Attorney Nathan Vonderheide (01:15:26):

Okay. And are there software tools that are available for you to help you chart this process?

Kevin Corrigan (01:15:32):

There is. I mean, the key to cellular analysis is sifting through the phone records that identify the cell site that your phone connected to and then plotting them using what's called a cell site list. So the records tell us what cell site your phone connected to. The cell site list tells us where that cell site is located on the map. We use software to help marry those two pieces of information and then put them on a map.

State Attorney Nathan Vonderheide (01:15:56):

Okay. In your career as just a CAST special agent, how many times do you think you've had occasion to put together maps and charts for cell phone data?

Kevin Corrigan (01:16:07):

Hundreds if not thousands of times. I mean, this is what I do all day, every day, analyze phone records and make maps.

State Attorney Nathan Vonderheide (01:16:14):

All right. And have you ever testified in court before?

Kevin Corrigan (01:16:16):

I have, yes, sir.

State Attorney Nathan Vonderheide (01:16:17):

Okay. For this specific topic?

Kevin Corrigan (01:16:19):

Yes.

State Attorney Nathan Vonderheide (01:16:20):

How many-

Kevin Corrigan (01:16:20):

I've testified approximately 17 times as an expert in cellular analysis.

State Attorney Nathan Vonderheide (01:16:24):

All right. What jurisdictions?

Kevin Corrigan (01:16:25):

All around the state of Florida, testified in San Antonio, Washington DC and Chicago as well.

State Attorney Nathan Vonderheide (01:16:31):

Okay. All right. So just generally, just give us an overview of how when somebody takes their cell phone and they use it in some capacity, the mechanisms by which it is able to communicate with other cell phones.

Kevin Corrigan (01:16:46):

Yeah. So if you're using your phone to place a phone call, your phone is going to connect to a cell site that's close to you, then that data's going to run through or get transited through what's called the core of that cellular network until it arrives at a cell site that's close to the person that you're talking to. And so even if you're standing right next to that person that you're talking to, your phone's always going to connect to that cell site. Data is going to run through the cellular network and then the other person's going to connect their phone to the cellular network as well.

State Attorney Nathan Vonderheide (01:17:16):

Okay. The cell phone companies, they keep the records of what tower you're connecting to?

Kevin Corrigan (01:17:21):

They do. So every time your phone connects to a cell site for the purposes of phone calls, text message, data sessions, the cell phone companies are keeping records of these connections. They keep the record of the date, time, and then the identity of cell site that your phone connected to.

State Attorney Nathan Vonderheide (01:17:38):

So let's say somebody's using CarPlay in their car and they're using a navigation app that is constantly updating, would you anticipate that you would see connections to cellular towers from that?

Kevin Corrigan (01:17:50):

Yeah, so anytime you use your cellular device to connect to the internet, your phone's going to have a data session that's covering that period. It may not line up exactly with whatever you're doing on the internet, but if you're using your phone to connect the internet, there will be a data session that's associated with that connection.

State Attorney Nathan Vonderheide (01:18:07):

Okay. And when you receive records, what level of detail are you getting in order to chart where that phone might be located?

Kevin Corrigan (01:18:13):

Well, it depends on the type of records. There are three types of records that we get generally in law enforcement. The first two are call detail records and data sessions, and those records document the cell site that your phone connected to, but for the purpose of either placing a phone call or as you've indicated, using the internet. And in those records, the phone company will document the cell site your phone connected to and then what's known as the sector, and that's just the direction that that cell site is pointing or facing. It gives you a general idea of where that phone's located and the side of that cell site that your phone's going to be located on.

State Attorney Nathan Vonderheide (01:18:49):

Okay. And is there any additional layers of detail that you may receive from phone records?

Kevin Corrigan (01:18:54):

Yeah, so there'll be extra details that are associated with those records depending on the type of record. So if it's call detail record, you're going to get the details of that phone call, who you're calling, the time of the call, duration of the call, et cetera.

State Attorney Nathan Vonderheide (01:19:06):

All right. What about timing advance records? What are those?

Kevin Corrigan (01:19:10):

So timing advance records are similar to the first two types of records in that they document the date and time that your phone connected to a cell site, but they're different in two key respects. Number one, in addition to identifying the cell site and the sector or the side direction that the antenna's pointing, timing advance records will give you the distance that the phone is located from the cell site. That's the first key difference. The second difference is these records are generated regardless of what the user of the phone is doing. So whereas call records and data sessions, those are generated when the user places a phone call, text message, or uses the internet. Timing advance records are generated at all times, regardless of whether or not the person's interacting with the phone.

State Attorney Nathan Vonderheide (01:19:55):

So if the phone's on and it's not in airplane mode, it's connected, it's using cellular, even if you're not using it, you can get these records?

Kevin Corrigan (01:20:03):

That's correct.

State Attorney Nathan Vonderheide (01:20:04):

Okay. And why is that? What's the purpose of keeping those records for the phone companies?

Kevin Corrigan (01:20:08):

So the phone companies keep these records for two reasons. One, for billing so they can keep track of the network usage and then also to troubleshoot their network as well.

State Attorney Nathan Vonderheide (01:20:18):

Okay. Did you have occasion to be provided records for a case with the phone number 321-663-0128?

Kevin Corrigan (01:20:29):

Yes, sir. I did.

State Attorney Nathan Vonderheide (01:20:30):

All right. And how did you get involved with that investigation?

Kevin Corrigan (01:20:33):

I received a request for assistance from one of the detectives at the Largo Police Department, and he provided me with the phone records and asked me to conduct an analysis.

State Attorney Nathan Vonderheide (01:20:42):

Okay. And did you do so?

Kevin Corrigan (01:20:44):

I did. Yes, sir.

State Attorney Nathan Vonderheide (01:20:44):

As a result of you-

Mr Kosowski (01:20:45):

I object to the testimony of this witness.

Judge (01:20:47):

All right. Overruled.

State Attorney Nathan Vonderheide (01:20:49):

And as a result of you receiving these phone records, which were not subject to a warrant at his house, but known from him calling into a court hearing, did you... able to do an analysis?

Kevin Corrigan (01:21:04):

Yes, sir.

State Attorney Nathan Vonderheide (01:21:06):

What kind of record. What level of detail did you receive for these phone records?

Kevin Corrigan (01:21:09):

Well, I received all three of those types of records that I mentioned, the call detail records, the data sessions, and the timing advance records.

State Attorney Nathan Vonderheide (01:21:17):

Okay. So allowed for some precision in your ability to analyze this movement of this phone?

Kevin Corrigan (01:21:22):

Yes, sir. Specifically with the timing advance records, those are the most precise type of records when it comes to cell site location data.

State Attorney Nathan Vonderheide (01:21:30):

Okay. And of the records you received, you did the analysis, did you run it through your tools or software in order to have an opinion as to where the phone was on the relevant days?

Kevin Corrigan (01:21:42):

Yes, sir. I did.

State Attorney Nathan Vonderheide (01:21:42):

All right. Did you develop a report as a result of this?

Kevin Corrigan (01:21:46):

Yes, sir.

State Attorney Nathan Vonderheide (01:21:47):

And is your report... does it include mapping details and a location of the cellular device of 321-663-0128?

Kevin Corrigan (01:21:56):

Yes, sir.

State Attorney Nathan Vonderheide (01:21:57):

May I approach the witness? I showed you what's been previously marked as State's Identification 112. For ID purposes, take a look at it. Tell me if you recognize anything on the front of that disk.

Kevin Corrigan (01:22:15):

Yes, sir. I do.

State Attorney Nathan Vonderheide (01:22:16):

All right. What do you recognize on there?

Kevin Corrigan (01:22:17):

Those are my initials and the date, today's date.

State Attorney Nathan Vonderheide (01:22:20):

Is that a fair and accurate representation of your report, which you developed from the cell phone records you received in this case?

Kevin Corrigan (01:22:27):

Yes, sir. It is.

State Attorney Nathan Vonderheide (01:22:29):

Your Honor, at this time I'd request to move into evidence 112 for ID purposes as State's Exhibit 112.

Judge (01:22:32):

All right. Any objection to this?

Mr Kosowski (01:22:37):

Yes, Your Honor.

Judge (01:22:38):

All right. Based upon the search warrant?

Mr Kosowski (01:22:41):

Sure.

Judge (01:22:42):

Okay. We know there wasn't one. All right. Overruled.

State Attorney Nathan Vonderheide (01:22:43):

And may I approach, Your Honor?

Judge (01:22:43):

You may.

State Attorney Nathan Vonderheide (01:22:44):

All right. All right. Agent Corrigan, what tools did you use in order to map the cell phone number in this case?

Kevin Corrigan (01:23:15):

Well, I utilized a software that we have in CAST to plot these records on a map, but also plotted them by hand as well, and then-

State Attorney Nathan Vonderheide (01:23:24):

Okay. And why do you do that?

Kevin Corrigan (01:23:26):

To verify that the software that we're using is mapping them correctly. We don't want to rely on software to do what the cellular analysis is, which is marrying up phone records with cell site lists. So we do it all by hand, and we also double check it with a second... Second cast asset also does the same thing.

State Attorney Nathan Vonderheide (01:23:44):

Okay. And when you say you hand chart it, what are you receiving that you can read in the data that will give you the ability to hand chart it?

Kevin Corrigan (01:23:52):

So the phone records will identify the cell site, phone connected to at a particular date and time.

State Attorney Nathan Vonderheide (01:23:58):

Okay. And does it give you a latitude and longitude number to find out?

Kevin Corrigan (01:24:03):

Well, they'll identify the cell site by a cell site identifier. We take that identifier and we go to what's called a cell site list, and we use a list that's contemporaneous to the time of the crime, and that list will tell us the details of that cell site, where it's located, what direction the antenna is point. With that information, we can then plot the cell site on a map, and what we end up with is a map depiction of the cell site that the phone connected to at the particular date and time.

State Attorney Nathan Vonderheide (01:24:30):

Okay. All right. Go to the next slide. All right. So we are looking at, it looks like a cell tower here. Tell us what these different sectors are on this slide here.

Kevin Corrigan (01:24:40):

So on this slide, on the right hand side, you'll see a typical cell tower, and you'll notice that on the top of that tower, there's a three-sided or triangular structure, pretty typical for most towers to be arranged like that. You'll see about four pieces of equipment on each side. Each of those pieces of equipment is the cell site. That's what your phone is communicating with or interacting with.

(01:25:06)
On the left-hand side, you'll see that same cell tower and you'll see the sectors. So the phone records will identify which one of those specific cell sites on that tower your phone connected to. The cell site list plus the phone records will tell you which sector and what direction that sector faces, and that's the first step.

State Attorney Nathan Vonderheide (01:25:24):

All right. So if you got the sector and the direction it faces, you know at least where the cell phone is in relation to the antenna, right?

Kevin Corrigan (01:25:31):

Yes, sir. It's going to give you a very general area. It's going to say the phone's in the general vicinity of this cell site, and with the sector, we know which side it's going to generally be located on.

State Attorney Nathan Vonderheide (01:25:39):

And does a phone tend to connect to the closest tower?

Kevin Corrigan (01:25:43):

It often does. It's not always the case, but it often connects to the closest tower, and it's because of the factors that your phone considers when it makes that cell selection.

State Attorney Nathan Vonderheide (01:25:53):

But as it relates to the timing advance data, will it correct for that if it's connected to another tower that's maybe two or three towers away?

Kevin Corrigan (01:26:02):

So timing advance and timing advance records are separate from call records and data sessions. In timing advance, your phone is surveying its RF environment and it's receiving signal from all cell sites or all cell towers in the area. It doesn't matter if it's the closest or the furthest, whatever it recognizes in its environment, it's going to take measurements from that cell site.

State Attorney Nathan Vonderheide (01:26:26):

All right. So what is this showing us here?

Kevin Corrigan (01:26:29):

So this is that next step in the process of how we map phone records. So in this example or this illustration, you're looking at the top down of a cell site. And as you can see, this traditional cell tower that we see that has three sides, we utilize this red wedge-shaped icon to illustrate on the map which sector the phone connected to. And as you can see, that sector covers about 120 degrees of area, and that's because a circle around that cell site would be 360 degrees. And since there's three areas of responsibility or three sectors, one third of that responsibility would be 120 degrees. So that's just how we illustrate the direction that the antenna is facing that the phone connected to, with that red wedge shaped icon.

State Attorney Nathan Vonderheide (01:27:18):

All right. So what are we showing here?

Kevin Corrigan (01:27:20):

The next step in the process would be to take that cell site that was identified in the records and plot it on the map using the location that's in the cell site list. So again, phone records identify the cell site, cell site list tells us where it's located. And so again, we take that red wedge shaped icon, put it on the map to indicate the cell site that your phone connected to. And in this illustration, we would expect the phone to be located generally on the north side of that cell site.

State Attorney Nathan Vonderheide (01:27:51):

All right. So what are we seeing here?

Kevin Corrigan (01:27:54):

So this is how we illustrate on a map cell site interactions where your phone connects to a cell site and we have timing advance records. So again, we start with the first two basic pieces of information, the identity of the cell site and the sector, which tells us the general area and the side of that general area. And then since we have timing advance records, we have the distance that the phone is located from that cell site, and we indicate that distance with an arc on the map, that is the distance specified in the records from that cell site.

State Attorney Nathan Vonderheide (01:28:24):

And so we're going to have to put an arrow. So this red arc here, that would represent the distance?

Kevin Corrigan (01:28:29):

That's the distance that's indicated in the phone records. Yes, sir.

State Attorney Nathan Vonderheide (01:28:32):

Okay. So you know the directionality of it and you generally know the distance is somewhere in that [inaudible 01:28:37]?

Kevin Corrigan (01:28:37):

That's correct. And what you'll see is the phone would be located either on that arc or slightly inside of that arc.

State Attorney Nathan Vonderheide (01:28:44):

Okay. All right. So what are we looking at here?

Kevin Corrigan (01:28:51):

So this is an overview of the five locations that I was provided by the investigative team. I was asked to analyze the phone records for that, what I'll call as a target phone, on the dates of March 21st and March 23rd, but with respect to five specific locations. The first is a residence in Tarpon Springs. I can't really see it from here, but it's on Seaview Drive in Tarpon Springs. There you go.

(01:29:20)
The second location is the Blanchard Law Firm, 1501 South Belcher Road in Largo. The third location is a dumpster on Tamiami Trail near Loop Road in Ochopee, Florida. The fourth location is a license plate reader just about four miles east of where that dumpster is. And the last location is a residence on Southwest 95th Terrace in Miami. So I was given five locations I'll refer to as a Tarpon residence, a Miami residence, the law firm, a dumpster, and then a license plate reader just four miles east of that dumpster.

State Attorney Nathan Vonderheide (01:29:57):

So that along with the phone records is the information you were provided in this case?

Kevin Corrigan (01:30:02):

Yes, sir. That's what was provided to me by the investigative team. I was asked to analyze those records with respect to those five locations on the dates of the 21st and the 23rd of March.

State Attorney Nathan Vonderheide (01:30:17):

All right. Is this just a zoomed up version of that, the earlier legend?

Kevin Corrigan (01:30:21):

Yes. Yeah. So you can see the relationship between the Tarpon residence and the law firm.

State Attorney Nathan Vonderheide (01:30:27):

Okay. All right. So what are we looking at here?

Kevin Corrigan (01:30:35):

Would it be okay if I approached the screen to be able to point at it?

State Attorney Nathan Vonderheide (01:30:38):

Sure, if-

Kevin Corrigan (01:30:38):

This way I can see it easier.

State Attorney Nathan Vonderheide (01:30:39):

If that's okay with his Honor.

Judge (01:30:41):

That's fine.

Kevin Corrigan (01:30:41):

Thank you.

State Attorney Nathan Vonderheide (01:30:57):

We're going to get a pointer for you so you don't have to use a highlight. There you are.

Kevin Corrigan (01:31:15):

Thank you. So this slide shows the location data for the target phone on the 21st of March, starting at 7:52 AM. And as you can see, the cell site location data indicates that the phone connected to two different cell sites at about the same time, 7:52 AM. So that would put the phone on this arc as well as this arc at approximately 7:52 AM. Since we have two arcs, where those arcs intersect is where the phone would be located.

State Attorney Nathan Vonderheide (01:31:43):

Okay. And does that comport with 511 Seaview Drive?

Kevin Corrigan (01:31:46):

Yeah. So those arcs where they intersect is at or very close to the Tarpon residence there, 511 Seaview Drive. I also overlaid that data with a video or a screenshot from the video that was provided by the investigative team, and it shows at that same time, 7:52, what I'm told is a target vehicle or vehicle associated with the defendant that appears to be driving away from the Tarpon residence.

(01:32:14)
So this slide shows the location data again for that target phone starting at 7:53 going through 8:08 AM. So just after that last cell site connection that I talked about. And the data shows clearly that the phone is here at 7:53 on this arc, at 8:00 on this arc, 8:04 on this arc, and then at 8:08 on this arc here, which is consistent with travel away from the Tarpon residence towards the Blanchard Law Firm. However, I observed that at 8:08 AM, there's a gap when the records stop for about two hours and 16 minutes. So from 8:08 AM till about 10:24 AM, there are no records. There are no timing advance records. There's no data sessions and there's no call records, consistent with the phone being off.

State Attorney Nathan Vonderheide (01:33:05):

Because if the phone was on, you would expect even without usage of the phone, that it would still be getting timing advance records?

Kevin Corrigan (01:33:12):

Yes, sir. So this slide shows the first connection between this target phone and the cell site after that gap of two hours and 16 minutes. And as you can see, the records start at 10:24 and they go through about 11:03 AM. Consistent with the phone being located on these arcs, consistent with the phone being located at that law firm. So between 10:24 and 11:03, the phone is consistent with being at that law firm, which is close in time to when the surveillance video shows what I'm told is the defendant entering the law firm at 10:22 AM. So we have video showing the defendant arriving at 10:22 AM, and then we have the phone records resuming at 10:24 AM consistent with being at the Blanchard Law Firm.

State Attorney Nathan Vonderheide (01:34:04):

And those two arcs, again, are distance or inside of those two arcs?

Kevin Corrigan (01:34:08):

Correct.

State Attorney Nathan Vonderheide (01:34:08):

And the phone is stationary from that time period?

Kevin Corrigan (01:34:12):

That's correct. The last time that we have shown is 11:03. That's because at 11:03, the phone records once again stop, this time for about 59 minutes. So the phone records stop at 11:03, and we see at 11:16, we have a video showing that same target vehicle now driving away from the law firm. So we have phone records stopping, and in approximately 13 minutes we see on the video target vehicle leaving the law firm.

State Attorney Nathan Vonderheide (01:34:44):

All right. Where's the phone picked back up?

Kevin Corrigan (01:34:45):

So at 12:02, that's when the records resume again. And again, these records are consistent with the phone being located at that Tarpon residence. Now it's back at the Tarpon residence. So we have a record showing the phones on this arc and a record showing the phones on this arc close to the same time, 12:02 PM. At the same time, or I should say close to the same time, four minutes prior, we have that same target vehicle now driving towards the Tarpon residence. So the vehicle arriving at the Tarpon residence and then four minutes later, the records resume again.

State Attorney Nathan Vonderheide (01:35:25):

Okay. All right. So you charted the rest of the day. Where was the device between maybe from noon to like 4:56 PM?

Kevin Corrigan (01:35:33):

So they're not plotted on these maps, but they're consistent with being in the area of that residence during that time period. This map jumps ahead to 4:56 PM, and during that time period, you can see the records are consistent with the device being at the target residence, or I should say leaving and traveling away from the target residence at that time, traveling south through Pinellas and arriving in the area of the Blanchard Law Firm at 5:46 PM. I put the surveillance video on this slide to show that at 4:56 PM, basically the same time where the phone is traveling away from the residence, we have a video showing what I'm told is the defendant's vehicle traveling away from that Tarpon residence.

State Attorney Nathan Vonderheide (01:36:15):

Okay. And so you see down here where the Blanchard Law Firm is, is the phone... the location is in the area of the Blanchard Law Firm?

Kevin Corrigan (01:36:23):

Correct. And you'll get a better depiction of that on the next slide. So the slide you zoomed in on that one particular record at 5:46 showing that the phone is at least in the general area of that law firm. At 5:46:54, you have this arc showing the phone's on this arc or slightly inside.

State Attorney Nathan Vonderheide (01:36:42):

All right. And is that the same cell tower as before?

Kevin Corrigan (01:36:46):

That's the cell tower that the phone connected to at that time right there.

State Attorney Nathan Vonderheide (01:36:50):

Okay. And then the morning hours... Is it the same cell phone he connected in the morning hours or is it different?

Kevin Corrigan (01:36:55):

Same tower. I'm not sure if it's the same cell site.

State Attorney Nathan Vonderheide (01:36:57):

Got you.

Kevin Corrigan (01:36:58):

Same tower. Yes, sir.

State Attorney Nathan Vonderheide (01:36:58):

Okay. Same tower.

Kevin Corrigan (01:37:02):

So this slide picks off right where that last slide left off. At 5:46 the records start and they go until about 11:00 PM. And you can see the records are consistent with the phone traveling away from the law firm south through Pinellas, Sarasota, Fort Myers, and eventually heading east on Tamiami Trail. And you can see the cell phone travels by and is in the area of a dumpster on Tamiami Trail at the intersection of Loop Road between 9:33 and 9:34 PM. About four miles east of that dumpster is a license plate reader that captured the tag of the defendant's vehicle at approximately 9:36 PM. And we have timing advance records showing the phone in that area about that time, co-locating this target phone with the license plate reader of the defendant's vehicle.

State Attorney Nathan Vonderheide (01:37:52):

Okay. And it looks like there's a gap there sort of in the middle. What would that be attributable to?

Kevin Corrigan (01:37:57):

There's just no records for that short period of time there.

State Attorney Nathan Vonderheide (01:38:00):

Okay. Is cell service kind of sparse in that area of the state?

Kevin Corrigan (01:38:03):

Yes, sir. Yeah.

State Attorney Nathan Vonderheide (01:38:04):

So if there's no cell tower, your phone's not hooking up to a cell tower, is it likely to get any data then?

Kevin Corrigan (01:38:10):

It's possible, but sometimes there's just gaps in the records for short periods of time.

State Attorney Nathan Vonderheide (01:38:15):

Okay. All right. So the end of the evening, the end of the trip, when was that?

Kevin Corrigan (01:38:21):

And the phone ends up in the vicinity of that Miami residence about 10:50 PM.

State Attorney Nathan Vonderheide (01:38:27):

Okay. All right. And were you asked to look at March 23rd as well?

Kevin Corrigan (01:38:31):

Yes sir, I was.

State Attorney Nathan Vonderheide (01:38:33):

All right. So what happened on March 23rd?

Kevin Corrigan (01:38:35):

So fast forward two days later, we're seeing the records for the target phone now traveling again on Tamiami Trail. This time heading west towards the dumpster. Travels past the license plate reader that again tags the vehicle associated with the defendant at about the same time that the phone shows the records in that area. And then we have the phone getting closer to the dumpster here, again traveling west towards the dumpster between 8: 08 and 8:10 right here.

State Attorney Nathan Vonderheide (01:39:01):

Okay. Does the-

Kevin Corrigan (01:39:00):

... 8:08 and 8:10 right here.

State Attorney Nathan Vonderheide (01:39:03):

Okay. Does the phone reverse direction from going in a westerly direction?

Kevin Corrigan (01:39:08):

Yes, sir. The next slide will show the next set of records after these records.

State Attorney Nathan Vonderheide (01:39:12):

Okay.

Kevin Corrigan (01:39:15):

These records on this slide show the phone now traveling the opposite direction, now east on Tamiami Trail, past that LPR, again back to the Miami residence.

State Attorney Nathan Vonderheide (01:39:25):

All right. So, we've got... it's heading west towards the area of the dumpster, and then turning around. Is there any sort of stopping there, or is it just kind of a turnaround and going back to that direction?

Kevin Corrigan (01:39:36):

It's a very quick turnaround. Traveled from the Miami residence to this dumpster, turns right back around, and it's back to the Miami residence.

State Attorney Nathan Vonderheide (01:39:44):

Okay. All right. And did that include your analysis of the records in this case?

Kevin Corrigan (01:39:50):

It did.

State Attorney Nathan Vonderheide (01:39:51):

All right. Thank you, sir. I'll pass the witness. I don't know if we want him to sit down, or-

Judge (01:39:58):

He can stand for right now.

(01:39:59)
Any cross examination?

Dr. Tomasz Roman Kosowski (01:40:02):

Yes.

(01:40:02)
Mr. Corrigan, does it look like-

Judge (01:40:04):

All right. So, go ahead and take the witness stand. Okay. Thank you.

(01:40:21)
All right, you may inquire.

Dr. Tomasz Roman Kosowski (01:40:22):

On the portion that was on the 21st on the Tamiami Trail when the device was heading eastbound, were the timing records consistent with there being a stop at the dumpster?

Kevin Corrigan (01:40:38):

Yes, sir, they were.

Dr. Tomasz Roman Kosowski (01:40:39):

How much time was there-

Kevin Corrigan (01:40:42):

I didn't hear the question. I apologize.

Dr. Tomasz Roman Kosowski (01:40:43):

How much time was the device stopped at this dumpster?

Kevin Corrigan (01:40:48):

It's hard to say, but it's consistent with it being in the area for maybe a minute or so.

Dr. Tomasz Roman Kosowski (01:40:54):

A minute?

Kevin Corrigan (01:40:54):

Yes, sir.

Dr. Tomasz Roman Kosowski (01:40:55):

Okay. So, somebody stopped at that dumpster for one minute?

Kevin Corrigan (01:41:01):

The records are consistent with that happening. Yes, sir.

Dr. Tomasz Roman Kosowski (01:41:03):

Thank you.

(01:41:05)
No further questions.

Judge (01:41:06):

All right. Any redirect?

State Attorney Nathan Vonderheide (01:41:08):

No, Your Honor.

Judge (01:41:09):

All right.

(01:41:09)
Thank you, sir. You may step down.

(01:41:15)
All right. State, please call your next witness.

State Attorney Nathan Vonderheide (01:41:18):

State calls Nicole Hadley.

Judge Bulone (01:41:59):

Stand next to me.

Court Clerk (01:42:06):

Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?

Nicole Hadley (01:42:10):

I do.

Judge Bulone (01:42:17):

Right this way, please. Step up the stairs. [inaudible 01:42:30]

Judge (01:42:30):

Good morning.

Nicole Hadley (01:42:30):

Good morning.

Judge (01:42:30):

Mr. Vonderheide, you may inquire.

State Attorney Nathan Vonderheide (01:42:32):

Ma'am, good morning. Can you please state your full name and spell it for Madam Court Reporter?

Nicole Hadley (01:42:37):

Nicole Hadley, N-I-C-O-L-E H-A-D-L-E-Y.

State Attorney Nathan Vonderheide (01:42:44):

And where are you presently employed?

Nicole Hadley (01:42:45):

I am a latent print examiner with the Pinellas County Sheriff's Office.

State Attorney Nathan Vonderheide (01:42:49):

Okay. And how long have you been doing that?

Nicole Hadley (01:42:50):

I've been a latent print examiner since 2012.

State Attorney Nathan Vonderheide (01:42:52):

Okay. So, tell me about your training to be a latent print examiner. Just tell us about that.

Nicole Hadley (01:42:59):

I am a certified latent print examiner with the International Association for Identification. I've been certified since 2015. I have a bachelor's degree in criminology from the University of South Florida St. Petersburg, and I have an associate in science degree in crime scene technology from St. Petersburg College.

State Attorney Nathan Vonderheide (01:43:17):

Okay. And as far as your training, as it relates to latent fingerprints, was there on-the-job training as well?

Nicole Hadley (01:43:24):

Yes, there is.

State Attorney Nathan Vonderheide (01:43:25):

All right. Tell us about that.

Nicole Hadley (01:43:26):

So, as funding permits, we're given the opportunity to attend trainings either in state or out of state. We're also given the opportunity to do online trainings as needed.

State Attorney Nathan Vonderheide (01:43:37):

Okay. And are there proficiency tests that are involved in your line of work?

Nicole Hadley (01:43:39):

Yes, there are.

State Attorney Nathan Vonderheide (01:43:39):

Tell us about those.

Nicole Hadley (01:43:40):

We're given proficiency tests annually. They include 10 latent prints, and we're given four sets of known subjects, including the fingers and palm prints, and we have to conduct comparisons of all 10 latents to the four subjects provided, and come to conclusions of either identification or exclusion.

State Attorney Nathan Vonderheide (01:43:58):

Okay. And have you taken proficiency tests in your, what, 15 cases?

Nicole Hadley (01:44:06):

I have.

State Attorney Nathan Vonderheide (01:44:06):

Okay. And are you successful in those?

Nicole Hadley (01:44:07):

Yes, I have been.

State Attorney Nathan Vonderheide (01:44:08):

Okay. And to the extent that there's any articles in the field, are you up to speed on the articles in the field?

Nicole Hadley (01:44:16):

I do stay up to date on the most recent articles that have been published. We've received articles through ID News and the Journal of Forensic Identification, and those are published on the International Association for Identification website, and those are available for us to read.

State Attorney Nathan Vonderheide (01:44:29):

Okay. And how many times have you testified as an expert witness before in fingerprint identification?

Nicole Hadley (01:44:35):

26 times prior to today.

State Attorney Nathan Vonderheide (01:44:37):

Okay. Which jurisdiction?

Nicole Hadley (01:44:40):

They've all been here in Pinellas County.

State Attorney Nathan Vonderheide (01:44:41):

Okay. And how many fingerprint analyses do you think you've done in your career?

Nicole Hadley (01:44:47):

Since 2012, I've done thousands.

State Attorney Nathan Vonderheide (01:44:49):

Okay. Were you assigned this case of State of Florida versus Tomasz Kosowski?

Nicole Hadley (01:44:55):

I was.

State Attorney Nathan Vonderheide (01:44:56):

All right. And what were you assigned to do in this case?

Nicole Hadley (01:44:59):

In this case, I was asked to come onto this case in December of 2024. I was asked to report to the courtroom and roll the prints of the defendant, and then compare those prints that I rolled to any open remaining latents in the case and to the one that was previously identified.

State Attorney Nathan Vonderheide (01:45:16):

Okay.

Dr. Tomasz Roman Kosowski (01:45:16):

[inaudible 01:45:19]

Judge (01:45:20):

And what's the basis?

Dr. Tomasz Roman Kosowski (01:45:21):

The basis is that she's using evidence that was obtained from my body.

Judge (01:45:26):

All right. Overruled.

State Attorney Nathan Vonderheide (01:45:29):

So, were you the original fingerprint analyst back in 2023?

Nicole Hadley (01:45:34):

I was not.

State Attorney Nathan Vonderheide (01:45:36):

Okay. And you said you came to court pursuant to a motion to compel?

Nicole Hadley (01:45:40):

That is correct.

State Attorney Nathan Vonderheide (01:45:40):

And rolled his fingerprints?

Nicole Hadley (01:45:42):

That is correct.

State Attorney Nathan Vonderheide (01:45:43):

Okay. And was he cooperative with having his fingerprints rolled?

Nicole Hadley (01:45:46):

He was.

State Attorney Nathan Vonderheide (01:45:47):

All right. And I would be remiss if I didn't ask, did you bring those fingerprint cards here today?

Nicole Hadley (01:45:50):

I did.

State Attorney Nathan Vonderheide (01:45:51):

Okay. And I'd be remiss to suggest that I forgot to have those marked today, so I will-

(01:45:56)
May I approach the witness?

Judge (01:45:57):

You may.

State Attorney Nathan Vonderheide (01:46:16):

Okay.

(01:46:16)
And so, the contents of this folder are the fingerprints that you rolled in the Pinellas County courtroom?

Nicole Hadley (01:46:21):

That is correct.

State Attorney Nathan Vonderheide (01:46:22):

Is that correct?

(01:46:23)
May I approach Dr. Kosowski?

Judge (01:46:25):

You may.

State Attorney Nathan Vonderheide (01:46:54):

I'm going to seek to admit these prints as one composite exhibit, whatever number is next.

Court Clerk (01:46:58):

114.

State Attorney Nathan Vonderheide (01:46:59):

114. For ID purposes, it's 114.

Judge (01:47:04):

All right. Over the objection of the defense, it's admitted.

State Attorney Nathan Vonderheide (01:47:11):

When you have the ability to roll someone's prints, are you able to be thorough with rolling their prints?

Nicole Hadley (01:47:17):

Yes, we are.

State Attorney Nathan Vonderheide (01:47:18):

All right. Because normally what you have, a database which is based on school records, and based on maybe concealed carry permits, and based on a variety of maybe people who have background checks whose prints are in the system, but you're able to take a thorough rolling of somebody's fingerprints?

Nicole Hadley (01:47:34):

Correct. In this scenario, I collected major case prints, so I was able to collect the fingers and the palm prints of the subject.

State Attorney Nathan Vonderheide (01:47:40):

All right. And why would you want to be more thorough when you were taking reference prints?

Nicole Hadley (01:47:45):

When taking the reference prints, you want to capture as much of the detail that is present on the fingers and the palms, because the latent prints, in this scenario, that were remaining open, I didn't know what they were.

State Attorney Nathan Vonderheide (01:47:56):

Okay.

Nicole Hadley (01:47:56):

So, I wanted to make sure I captured in totality all of the friction ridge detail that I could, so I would have the best source material to do my comparison with.

State Attorney Nathan Vonderheide (01:48:04):

Okay. So, the print card that you just gave me, do you see the person whose fingerprints you rolled here in courtroom today?

Nicole Hadley (01:48:11):

I do.

State Attorney Nathan Vonderheide (01:48:12):

All right. Could you please point to them and identify an article of clothing?

Nicole Hadley (01:48:14):

He's the defendant in the orange shirt.

State Attorney Nathan Vonderheide (01:48:17):

Okay.

(01:48:17)
Your Honor, if the record can reflect, she's identified Dr. Kosowski as having rolled his prints.

Judge (01:48:22):

Correct. Yes, sir.

State Attorney Nathan Vonderheide (01:48:24):

All right. So, in this case, you had some open prints that you were going to look at, and there was also a print that had already been located for Dr. Kosowski?

Nicole Hadley (01:48:31):

That is correct.

State Attorney Nathan Vonderheide (01:48:32):

Okay. So, were you able to perform an analysis from the prints that you obtained in court and compare any prints that were collected in this case?

Nicole Hadley (01:48:43):

Yes. I compared all of the open prints to the prints that I rolled in court.

State Attorney Nathan Vonderheide (01:48:47):

All right. And was there an identification of Dr. Kosowski from his rolled prints to a print that was purportedly lifted from the scene?

Nicole Hadley (01:48:55):

Yes.

State Attorney Nathan Vonderheide (01:48:59):

Okay. And just tell us, what was your print number?

Nicole Hadley (01:49:00):

It was Item Number 48.

State Attorney Nathan Vonderheide (01:49:03):

All right. If I showed you the cards that has already been placed into evidence, would that assist your testimony here today?

Nicole Hadley (01:49:09):

Sure.

State Attorney Nathan Vonderheide (01:49:53):

I'm going to show you State's Exhibit 99. It's already in evidence. It's got a number 48 on it. Take a look at that. Tell me if you recognize that.

Nicole Hadley (01:50:00):

I do.

State Attorney Nathan Vonderheide (01:50:02):

Okay. What is that?

Nicole Hadley (01:50:03):

It is the latent lift card from the original case file.

State Attorney Nathan Vonderheide (01:50:06):

Okay. And is that what you had available to you when you had the prints that you rolled-

Nicole Hadley (01:50:12):

It is.

State Attorney Nathan Vonderheide (01:50:13):

... of Dr. Kosowski? All right. Well, tell us about your analysis. What did it reveal?

Nicole Hadley (01:50:17):

So, the analysis had already been completed by the original examiner and had been deemed of value, so I conducted my comparison of that of-value known impression to the known prints that I had rolled of Dr. Kosowski.

State Attorney Nathan Vonderheide (01:50:29):

Okay. Did you develop some... I don't know what we call it... a photography or a side-by-side comparison to assist you in this analysis?

Nicole Hadley (01:50:40):

Yes. It's a visual comparison done on a computer screen.

State Attorney Nathan Vonderheide (01:50:53):

I'm going to show you what's been previously marked as State's ID 113. Take a look at it and tell me if you recognize it.

Nicole Hadley (01:51:01):

Yes, I do.

State Attorney Nathan Vonderheide (01:51:02):

All right. Is that the visual analysis that you created in this case?

Nicole Hadley (01:51:06):

It is.

State Attorney Nathan Vonderheide (01:51:07):

Your Honor, at this time, I request to move into evidence State's ID 113 and then State's 113.

Judge (01:51:11):

Okay.

(01:51:13)
Any objection?

Dr. Tomasz Roman Kosowski (01:51:14):

Yes.

Judge (01:51:15):

All right. And the basis is?

Dr. Tomasz Roman Kosowski (01:51:17):

Evidence obtained off my body.

Judge (01:51:19):

All right. Overruled.

State Attorney Nathan Vonderheide (01:51:21):

Permission to approach, Your Honor?

Judge (01:51:21):

You may.

State Attorney Nathan Vonderheide (01:51:21):

Could you [inaudible 01:51:26]?

Nicole Hadley (01:51:26):

If you want.

State Attorney Nathan Vonderheide (01:51:27):

Can she step down?

Judge (01:51:27):

She may step down.

State Attorney Nathan Vonderheide (01:51:46):

So, walk us through this. What are we looking at here?

Nicole Hadley (01:52:09):

So, the image on the left-hand side is the latent print, and the image on the right-hand side is the middle print that I rolled here in the courtroom.

State Attorney Nathan Vonderheide (01:52:10):

Can we just have you move over so he can see?

Nicole Hadley (01:52:10):

Sure. Do you want me on the other side?

State Attorney Nathan Vonderheide (01:52:10):

Yeah, if you could. Thank you.

(01:52:10)
Can you see now, Dr. Kosowski?

Dr. Tomasz Roman Kosowski (01:52:10):

[inaudible 01:52:11]

State Attorney Nathan Vonderheide (01:52:10):

Okay.

(01:52:10)
You're good to go.

Nicole Hadley (01:52:10):

Okay.

(01:52:10)
And the image on the left-hand side is our latent print. Am I describing-

State Attorney Nathan Vonderheide (01:52:15):

Yeah. So, the one on the left is the one that was lifted at the scene of the crime?

Nicole Hadley (01:52:18):

That's correct.

State Attorney Nathan Vonderheide (01:52:19):

All right. That's Number 48 that we just saw?

Nicole Hadley (01:52:21):

Correct.

State Attorney Nathan Vonderheide (01:52:21):

State's Exhibit 99. What's on the right?

Nicole Hadley (01:52:24):

The right is the image that I rolled in court.

State Attorney Nathan Vonderheide (01:52:28):

Okay.

Nicole Hadley (01:52:28):

The middle print that I captured.

State Attorney Nathan Vonderheide (01:52:29):

All right. And so, I see some data points on here, some lines, writing. What are we looking at here?

Nicole Hadley (01:52:35):

So, in the latent print, I'm looking at the totality of the lay. Do I see a pattern type? I do see a pattern type of a short-counts loop here, and we're also looking at the ridge flow in this latent print. So, that's considered a Level 1 detail. We're looking at the totality of it, looking for that ridge structure.

State Attorney Nathan Vonderheide (01:52:53):

Okay. Now, it looks like there's a... Whats the shading over here above on the print on the left?

Nicole Hadley (01:52:58):

This is some sort of distortion. I'm not sure whether that was the surface that it was lifted from. And then, down here in the corner, it makes a V formation here, and these ridges that are flowing in the opposing direction, that's a separate touch. That is not included in this impression.

State Attorney Nathan Vonderheide (01:53:15):

All right. So, this is... I mean, obviously you would like to get a perfect width or a perfect impression, right? And sometimes it comes to you like this.

Nicole Hadley (01:53:23):

This is typically what we see in latent prints, yes.

State Attorney Nathan Vonderheide (01:53:25):

Okay. So, continue on. I'm sorry for interrupting.

Nicole Hadley (01:53:27):

No, you're fine. So, once we've looked at our Level 1 detail, we're going to be looking at our Level 2 detail, which is going to be our bifurcations, where we have two ridges that are separated and they come together to make one ridge.

(01:53:40)
We're looking for short ridges, which are just tinier ridges within the print. We're looking for where ridges end. And those are the individualizing minutiae that we're looking for to be able to conduct our comparison.

(01:53:52)
So, everything that I have marked here in the latent with the red dots is what I saw during my analysis of the latent print to see, what am I going to be looking at? What do I see here in the latent... What am I going to be looking at to focus on when I have a known to compare it to?

(01:54:10)
And then, once we get to that point, we're looking for our Level 3 detail, which are going to be things like your ridge width, the ridge thickness, any pores that may be present. And that's what I have labeled down here with the blue and the magenta lines. I was tracing the actual ridge endings with the magenta, and I was tracing the ridge flow with the teal or the aqua color.

State Attorney Nathan Vonderheide (01:54:36):

Okay. And so, in your opinion, using your training and experience and what you observed here in this analysis, what was your opinion as it relates to the identification of Tomasz Kosowski?

Nicole Hadley (01:54:42):

I determined that this latent print is an identification to Tomasz's finger number 7.

State Attorney Nathan Vonderheide (01:54:42):

And what's finger number 7?

Nicole Hadley (01:54:42):

A left index finger.

State Attorney Nathan Vonderheide (01:55:18):

Okay. You can have a seat. And in your training experience, are fingerprints unique to each individual person?

Nicole Hadley (01:55:22):

Yes, they are.

State Attorney Nathan Vonderheide (01:55:25):

Okay. I have nothing further, but I do need to retrieve the...

Judge (01:55:27):

[inaudible 01:55:28]

State Attorney Nathan Vonderheide (01:55:27):

I have no further questions, and I will pass the witness.

Judge (01:55:27):

Any cross examination?

Dr. Tomasz Roman Kosowski (01:55:39):

Yes, Your Honor.

(01:55:41)
Mrs. Hadley, for Item Number 48, can you name the specialist that lifted that print?

Nicole Hadley (01:55:47):

Can you repeat that again, please?

Dr. Tomasz Roman Kosowski (01:55:49):

Who lifted Item Number 48? Which specialist with Pinellas County Sheriff's Organization?

Nicole Hadley (01:55:56):

To my knowledge, it was Sandra-Leigh Copeland that lifted that lift.

Dr. Tomasz Roman Kosowski (01:56:02):

Thank you very much, ma'am.

Nicole Hadley (01:56:03):

Thank you.

Judge (01:56:03):

Any redirect?

State Attorney Nathan Vonderheide (01:56:03):

No, Your Honor.

Judge (01:56:06):

All right.

(01:56:06)
Thank you, ma'am. You may step down.

Nicole Hadley (01:56:07):

Thank you. Am I released, Your Honor?

Judge (01:56:13):

Yes.

Nicole Hadley (01:56:13):

Okay.

Judge (01:56:15):

Is there any reason she should not be released from her subpoena-

State Attorney Nathan Vonderheide (01:56:18):

No-

Judge (01:56:18):

... from either side?

State Attorney Nathan Vonderheide (01:56:21):

No. She's good to go.

Judge (01:56:21):

All right.

(01:56:21)
All right. You're released.

(01:56:21)
All right. State, please call your next witness.

State Attorney Nathan Vonderheide (01:56:23):

Could we have 10 minutes to see who's outside?

Judge (01:56:27):

All right. We'll give you 15.

State Attorney Nathan Vonderheide (01:56:28):

Thank you.

Judge (01:56:36):

Somebody showed up quite late, so do you want to deal with that one? Okay.

(01:56:39)
All right, you may be seated.

(01:56:39)
Are you ready?

State Attorney Nathan Vonderheide (01:56:39):

Yes.

Judge (01:56:39):

Okay.

(01:56:39)
All right. So, the State's ready-

Judge (02:12:02):

All right. So the state's ready, so we'll bring Mr. Koswoski in.

Bailiff (02:12:06):

Yes, Your Honor.

Judge (02:12:30):

State, please call your next witness.

State Attorney Nathan Vonderheide (02:12:32):

State calls Chad Summerfield.

Bailiff (02:12:44):

This way. Stand right next to me, sir.

Chad Summerfield (02:12:44):

Sure.

Court Clerk (02:12:58):

Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?

Chad Summerfield (02:13:01):

Yes, I do.

Court Clerk (02:13:02):

Thank you.

Bailiff (02:13:02):

Sir, come on over here. Make yourself comfortable.

Chad Summerfield (02:13:02):

Thank you.

Judge (02:13:16):

Good morning, sir.

Chad Summerfield (02:13:18):

Good morning.

Judge (02:13:18):

You may proceed.

State Attorney Nathan Vonderheide (02:13:21):

Mr. Summerfield, could you please state your full name and spell your last name for the court reporter?

Chad Summerfield (02:13:26):

My name is Chad Summerfield. Last name is spelled S-U-M-M-E-R- F-I-E-L-D.

State Attorney Nathan Vonderheide (02:13:31):

Where are you presently employed?

Chad Summerfield (02:13:33):

I'm employed through Florida International University. I work within a specialized program within the university at an organization called the National Forensic Science Technology Center. This organization provides support and training for law enforcement, military, and crime laboratories for processing applications through forensic science.

State Attorney Nathan Vonderheide (02:13:56):

Okay. So what are you providing as a service through FIU to law enforcement agencies?

Chad Summerfield (02:14:04):

We provide services on how to collect evidence, how to do testing for indications of biological fluids. We also provide services to crime laboratories where we will go on site and provide hands-on training to the DNA analyst at that laboratory.

State Attorney Nathan Vonderheide (02:14:24):

Okay. So when you're on site, different law enforcement agencies, you're assisting them in setting up a proper program for DNA analysis?

Chad Summerfield (02:14:33):

Yes. We train the laboratory on their protocols, and we provide training on their equipment and their laboratory setup.

State Attorney Nathan Vonderheide (02:14:44):

Okay. So where were you employed prior to this current job?

Chad Summerfield (02:14:49):

Prior to this job, I was employed through the Pinellas County Forensic Laboratory.

State Attorney Nathan Vonderheide (02:14:53):

Okay. And how many years have you been with FIU?

Chad Summerfield (02:14:56):

A little over a year now.

State Attorney Nathan Vonderheide (02:14:59):

Okay. And were you working for an entity that was taken over by Florida International University?

Chad Summerfield (02:15:07):

Yes. That would be the National Forensic Science Technology Center.

State Attorney Nathan Vonderheide (02:15:11):

Okay. So how many years did you work at that National Forensic Science-

Chad Summerfield (02:15:15):

That's the job I was speaking of. That's the job that's been a little over a year now.

State Attorney Nathan Vonderheide (02:15:19):

Okay. All right. So how long were you at the Pinellas County Forensic Laboratory?

Chad Summerfield (02:15:23):

I was at the Pinellas County Forensic Laboratory for 17 years.

State Attorney Nathan Vonderheide (02:15:26):

All right. In that 17 years, what was your assignment or title there?

Chad Summerfield (02:15:31):

My title was DNA technical leader. What that means is I was responsible for the technical operations of the DNA laboratory.

State Attorney Nathan Vonderheide (02:15:39):

Okay. Were you one of the first people to work for the Pinellas County Forensic Laboratory?

Chad Summerfield (02:15:44):

Originally, prior to my employment with the Pinellas County Forensic Laboratory, I was employed as a consultant because prior to my employment, there was other sections such as the toxicology and chemistry section, but they were looking at moving towards adding a DNA section, and I was originally hired as a consultant to help purchase the necessary supplies to start a DNA lab. Once the county obtained the necessary funding, I applied and was the DNA technical leader, so I was the first employee. Then at that point, I developed all the policies and procedures for the laboratory and I was technical leader there for 17 years.

State Attorney Nathan Vonderheide (02:16:26):

Okay. And as the technical leader and also the consultant to help set up the Pinellas County Forensic Laboratory DNA section, did you also have occasion, during that time period, to conduct your own DNA analysis?

Chad Summerfield (02:16:39):

Yeah. In addition to my technical leader responsibilities, I also performed casework responsibilities, so I performed DNA analysis.

State Attorney Nathan Vonderheide (02:16:47):

Okay. Do you have experience with an agency prior to being at the Pinellas County Forensic Laboratory?

Chad Summerfield (02:16:52):

Yes. Prior to the Pinellas County Forensic Laboratory, I worked with the Philadelphia Police Department's DNA laboratory. I was a technical leader there for five years and an analyst three years prior to that.

State Attorney Nathan Vonderheide (02:17:03):

And in Philadelphia, were you doing your own DNA analysis the whole time as well?

Chad Summerfield (02:17:09):

Yes. In addition to my technical leader responsibilities, I was performing casework responsibilities too.

State Attorney Nathan Vonderheide (02:17:16):

Let's go back to your education now. We've talked about where you've worked. Tell us about your experience and your training, as it relates to DNA analysis.

Chad Summerfield (02:17:24):

In addition to on-the-job training, I have an undergraduate degree in microbiology from Austin BRASS College in West Virginia, also have a Master of Science and Forensic Science from the University of New Haven. Throughout my career, I've attended hundreds of different trainings, whether it be internal or external.

State Attorney Nathan Vonderheide (02:17:43):

Okay. Did you have on-the-job training as well from the very beginning?

Chad Summerfield (02:17:47):

Yes, both at Philadelphia and at Pinellas County Laboratory.

State Attorney Nathan Vonderheide (02:17:50):

Okay. And I asked you about the Pinellas County Forensic Laboratory. Is that an accredited agency?

Chad Summerfield (02:17:59):

Yes, it is accredited.

State Attorney Nathan Vonderheide (02:18:01):

With whom?

Chad Summerfield (02:18:02):

It's accredited through ANAB, which is an accreditation organization.

State Attorney Nathan Vonderheide (02:18:09):

Okay. And have they been from the beginning?

Chad Summerfield (02:18:13):

Well, once I started the laboratory and the process of getting everything up and running, the necessary studies, the necessary policies, procedures, the training of DNA staff, within about a year we obtained accreditation for the DNA section.

State Attorney Nathan Vonderheide (02:18:27):

Okay. So you got to set it up first, right?

Chad Summerfield (02:18:30):

Well, we're starting from the ground up, so it took about a year to get everything up and running.

State Attorney Nathan Vonderheide (02:18:37):

Right. And the Pinellas County Forensic Laboratory, is that independent from local law enforcement agencies?

Chad Summerfield (02:18:42):

Yes. It's actually through the medical examiner's office.

State Attorney Nathan Vonderheide (02:18:45):

Okay. And that medical examiner is also an independent agency?

Chad Summerfield (02:18:47):

That is correct.

State Attorney Nathan Vonderheide (02:18:48):

It's not like they work for the sheriff or they work for the state attorneys or any police departments?

Chad Summerfield (02:18:53):

We have no affiliation. At the time, my paycheck was signed by the medical examiner.

State Attorney Nathan Vonderheide (02:19:00):

Okay. Let's talk about, do you keep up with literature in your field?

Chad Summerfield (02:19:06):

Of course.

State Attorney Nathan Vonderheide (02:19:07):

Okay. And ongoing training?

Chad Summerfield (02:19:09):

Yes, and now provide training.

State Attorney Nathan Vonderheide (02:19:11):

All right. And your new job provides training to a multitude of law enforcement agencies?

Chad Summerfield (02:19:16):

Yeah. The place I'm working now, we provide training not just to law enforcement agencies, but crime laboratories, the military, and laboratory personnel.

State Attorney Nathan Vonderheide (02:19:26):

Okay. And is that all across the world?

Chad Summerfield (02:19:28):

Yes, that's correct.

State Attorney Nathan Vonderheide (02:19:28):

Okay. And have you done trainings overseas?

Chad Summerfield (02:19:34):

Yes. Just got back from Germany, did training for the military, and I've done trainings for Qatar, they came to our facility for three months. I've done training for the Belize Police Department. Let's see. I think that's mainly the overseas ones.

State Attorney Nathan Vonderheide (02:19:56):

Okay. And have you ever testified in court?

Chad Summerfield (02:20:00):

I have testified in court, yes.

State Attorney Nathan Vonderheide (02:20:02):

How many times?

Chad Summerfield (02:20:03):

Well over 100.

State Attorney Nathan Vonderheide (02:20:04):

All right. Is that specifically for DNA analysis?

Chad Summerfield (02:20:08):

DNA analysis and, in addition, serology, which is the indication of bodily fluids.

State Attorney Nathan Vonderheide (02:20:15):

Okay. Let's talk about your time at the Pinellas County Forensic Laboratory. Did you have ongoing proficiency tests there?

Chad Summerfield (02:20:24):

Yes. As part of the accreditation process, you're required to have proficiency testing. And to let everybody know what a proficiency test is, a proficiency test is a test that's given where the test taker does not know the results, and after the test is taken, it's given to an external body and it's determined if they pass or fail based on your results.

State Attorney Nathan Vonderheide (02:20:49):

How often are they applied?

Chad Summerfield (02:20:51):

We're required, as a DNA analyst, to take two proficiency tests a year.

State Attorney Nathan Vonderheide (02:20:56):

Okay. And how'd you do?

Chad Summerfield (02:20:58):

So I've been an analyst over 20 years, so a little over 40 proficiency tests, and I passed every proficiency test.

State Attorney Nathan Vonderheide (02:21:06):

Okay. Tell me about your educational background and any courseworks that you might have in statistics.

Chad Summerfield (02:21:12):

Yes, I have a course of undergraduate training in statistics. I also have graduate-level coursework in statistics.

State Attorney Nathan Vonderheide (02:21:20):

Okay. What about molecular biology?

Chad Summerfield (02:21:22):

I have undergraduate training in that.

State Attorney Nathan Vonderheide (02:21:26):

Okay. Population genetics?

Chad Summerfield (02:21:28):

I have both undergraduate and graduate-level training. In addition to that, I have taken numerous trainings on that subject.

State Attorney Nathan Vonderheide (02:21:35):

Okay. And in the course of your extensive career, how many DNA analyses do you think you've done?

Chad Summerfield (02:21:42):

Well, I like to think of it like this. If you go to your car mechanic and ask him how many oil changes he's done in his 20-year career, he's going to be like, "I don't know." I know it's well into the multiple thousands of tests now, but I don't have an exact number.

State Attorney Nathan Vonderheide (02:22:02):

Okay. What is DNA?

Chad Summerfield (02:22:08):

DNA is a biological material that's found in every cell in our body with the exception of mature red blood cells. Half the DNA comes from your mother, the other half comes from your father. This is what makes us unique. If we look around the courtroom, about a little over 99% of our DNA is the same, it's less than 1% that's unique, and that's what we look at for forensic DNA testing.

State Attorney Nathan Vonderheide (02:22:31):

Okay. So the uniqueness is where you're looking?

Chad Summerfield (02:22:33):

That's correct.

State Attorney Nathan Vonderheide (02:22:34):

All right. So what are loci?

Chad Summerfield (02:22:37):

Loci, when you hear a name ... almost in their location, it's a location of the DNA that we're looking at.

State Attorney Nathan Vonderheide (02:22:44):

All right. And how many locations in DNA can we look at, technologically speaking?

Chad Summerfield (02:22:48):

Yeah, the technical term for location would be, the plural, loci. We're looking at 20 different loci or locations.

State Attorney Nathan Vonderheide (02:22:56):

And does that change pursuant to agency or is that pretty standardized nowadays?

Chad Summerfield (02:23:04):

One of the common kits, the kit that was used in this case, is 20. There is some slight variations within one kit to the other, but the majority of loci are the same.

State Attorney Nathan Vonderheide (02:23:20):

Okay. Tell me about serological testing. You did some in this case, right?

Chad Summerfield (02:23:22):

Yeah. Serological testing is the indication of bodily fluids, so what you're doing is looking at a sample from a crime scene and making a determination what biological origin is, is it blood? Is it semen? Is it saliva?

State Attorney Nathan Vonderheide (02:23:40):

What kind of testing do you do to determine if something is a bodily fluid?

Chad Summerfield (02:23:46):

It depends on the type of test. If you're looking at blood, one of the types of tests we do is a test called phenolphthalein. This is a presumptive test that indicates the presence of blood.

State Attorney Nathan Vonderheide (02:23:56):

All right. And law enforcement agencies, like forensic specialists, can they perform those tests, too, phenolphthalein?

Chad Summerfield (02:24:03):

They can, yes.

State Attorney Nathan Vonderheide (02:24:04):

Okay. And sometimes if they've done phenolphthalein at a crime scene, labs are submitted to your lab. Do you do an additional phenolphthalein test?

Chad Summerfield (02:24:15):

We do, because I have not reviewed how their agencies perform that test, but I know, within my laboratory, we've had the necessary testing that we can ensure that everything is the way we want it. It's under the necessary protocol, so we actually perform that test again in-house.

State Attorney Nathan Vonderheide (02:24:36):

All right. So what if you get a sample that's had a phenolphthalein test done to it, but it looks like it's a small amount and you may want to continue on to DNA testing?

Chad Summerfield (02:24:46):

Well, at that point, you want to make a decision of, what's important for the sample? If you're going to consume some of the sample and it has a potential to affect your downstream DNA results, you may skip that test and go straight to DNA.

State Attorney Nathan Vonderheide (02:25:01):

Okay. So tell us how the DNA testing works. What kind of procedure do you follow in your analysis?

Chad Summerfield (02:25:08):

The DNA testing process has a multiple step process. After serological testing, whether it indicates blood or semen or saliva, the next step of the process is a process we call extraction, which extraction is just a fancy way to say we're isolating the DNA from the cell. We're taking out the DNA from the cell, we're cleaning up the DNA. After we've done that, the next process is a process we call quantitation, you hear the word quantity, and that, so we're just seeing, how much DNA do we have? Once it's determined how much DNA we have, we go through a process called amplification. In amplification, we're making multiple copies of that DNA so we can visualize it downstream. The last part of the process is a process where we actually separate the DNA based upon sizes, and then after that's done, we will look at the DNA results and determine whether we have acceptable DNA results or not.

State Attorney Nathan Vonderheide (02:26:03):

Okay. And when you've gone through that process and you determine acceptable DNA results, what does it mean, in your analysis, at that point?

Chad Summerfield (02:26:11):

Well, with that, we'll make sure that our controls worked appropriately. One of the controls that we run in the process is a positive control, which is a known DNA type. We'll make sure that the positive control known DNA typed correctly. We run what's called a native control where there's no DNA, just the reagents, making sure that the native control has no DNA. On the extraction process, we have what's called an extraction blank, which is carried through the entire process, and we'll look at that, ensuring that there was no DNA detected in the extraction blank. Once that's determined, we'll look at the DNA results and we'll determine whether the sample is a profile, a mixture, or we just don't have any DNA results at all.

State Attorney Nathan Vonderheide (02:26:58):

Okay. And you can obtain any of those results, right, in the lab for analysis?

Chad Summerfield (02:27:04):

That's correct, yes.

State Attorney Nathan Vonderheide (02:27:06):

All right. So let me ask you this. How do you keep swabs from having any contamination in the process of your testing?

Chad Summerfield (02:27:14):

Well, through the process, there's two different types of samples I should explain before I go on. We have what's called question samples, which would be samples from a crime scene. Then we have known samples, which would be known standards, which would be like a buccal swab, which is a swab taken from the inner lining on the mouth, or a secondary standard, maybe like a toothbrush. Those are kept separate. They're processed at a separate time and space, so the different steps are done at a different time or space, so they won't come in contact with each other. In addition, every sample, only one tube is open at a time. You're using proper protective equipment, such as gloves, a lab coat, face mask. You're cleaning all your utensils prior to processing a sample, and you're cleaning in between each sample.

State Attorney Nathan Vonderheide (02:28:13):

All right. What do you use to clean those instruments?

Chad Summerfield (02:28:16):

Well, one of the things that you use is just a 1:10 bleach solution, or we have some other chemicals that you can get from a manufacturer that do something similar.

State Attorney Nathan Vonderheide (02:28:25):

Okay.

Chad Summerfield (02:28:26):

Also, all of our supplies in the laboratory, which would be the tubes that's used in those process, we heat those tubes with a high temperature through an instrument called an autoclave, and this just heats the tubes, so if there's any DNA in those tubes from the manufacturer, it negates that. We also use another process called a crosslinker, which is an instrument that use higher UV, which actually damages the DNA that we can't see results if that. And all the supplies we get from the manufacturer are guaranteed to be DNA-free, too.

State Attorney Nathan Vonderheide (02:29:07):

Okay. And you mentioned heat. What does heat do to DNA samples?

Chad Summerfield (02:29:11):

Well, heat will degrade DNA, so it will actually make part of DNA where you cannot visualize it.

State Attorney Nathan Vonderheide (02:29:21):

Okay. And so when we talk heat, what kind of heat are we talking about?

Chad Summerfield (02:29:26):

Just-

State Attorney Nathan Vonderheide (02:29:27):

How hot? What heat degree?

Chad Summerfield (02:29:28):

It's hundreds of degrees.

State Attorney Nathan Vonderheide (02:29:30):

Okay.

Chad Summerfield (02:29:30):

Yeah.

State Attorney Nathan Vonderheide (02:29:31):

And so that's what you put the process through in order to sanitize the-

Chad Summerfield (02:29:37):

That's correct. We actually put all of our supplies through that process.

State Attorney Nathan Vonderheide (02:29:41):

Okay. So let's talk specifically about this case. Did you get assigned a case from Largo Police Department back in-

Chad Summerfield (02:29:50):

Yes, I did.

State Attorney Nathan Vonderheide (02:29:50):

All right. 2023?

Chad Summerfield (02:29:52):

Yes, that's correct.

State Attorney Nathan Vonderheide (02:29:52):

All right. And when-

Tomasz Koswoski (02:29:53):

[inaudible 02:29:53] to the testimony of this witness because it concerns products of the search warrant.

Judge (02:30:00):

All right. It is preserved for appellate review. Overruled. You may continue.

State Attorney Nathan Vonderheide (02:30:07):

A lot of those swabs are not collected pursuant to the search warrant, but I'm sure we'll figure that out.

Judge (02:30:11):

Right, but some of them are.

State Attorney Nathan Vonderheide (02:30:12):

Yes. So in this particular case, their case number was 232583. When Pinellas County Forensic Laboratory receives a case, is a new report number assigned, in the lab, for that case?

Chad Summerfield (02:30:29):

Yeah. It's not a report number. We assign a laboratory number.

State Attorney Nathan Vonderheide (02:30:33):

Okay.

Chad Summerfield (02:30:33):

A unique and laboratory number.

State Attorney Nathan Vonderheide (02:30:35):

So a unique laboratory number. And that's not necessarily going to track what the police report number is?

Chad Summerfield (02:30:40):

It's referenced. The police report's agency number is referenced, but we give it a unique laboratory number.

State Attorney Nathan Vonderheide (02:30:47):

Okay. So in this case, there was serological testing done first, right-

Chad Summerfield (02:30:54):

That's correct.

State Attorney Nathan Vonderheide (02:30:55):

... in the beginning? And then you did your DNA analysis?

Chad Summerfield (02:30:58):

That's correct.

State Attorney Nathan Vonderheide (02:30:59):

Who did the serological testing on the first round of this case?

Chad Summerfield (02:31:03):

One of our analyst named Desiree Belcher did some of the serological testing.

State Attorney Nathan Vonderheide (02:31:11):

All right. She has not testified before you yet. She will be testifying tomorrow, but did she assist you in preparing the tubes that you used for the analysis?

Chad Summerfield (02:31:22):

Yes. Some of the samples, she actually performed the serological testing.

State Attorney Nathan Vonderheide (02:31:26):

Okay.

Chad Summerfield (02:31:27):

In addition to that, she would've cut the swab. When I say cut the swabs, you can think a Q-tip swab, you're just taking the cotton off the swab and you're putting them in a tube, and what she would've gave me would've been those tubes.

State Attorney Nathan Vonderheide (02:31:40):

All right. So let's talk about that. So your agency can get a variety of items to test, is that right?

Chad Summerfield (02:31:46):

That's correct.

State Attorney Nathan Vonderheide (02:31:47):

All right. We entered in a bunch of swabs we're about to talk about yesterday, but sometimes they're cotton swabs, DNA lifts?

Chad Summerfield (02:31:56):

Yes, sometimes.

State Attorney Nathan Vonderheide (02:31:57):

Okay. Is it sometimes an actual physical item that you will receive?

Chad Summerfield (02:32:01):

Yes, it varies what we receive.

State Attorney Nathan Vonderheide (02:32:06):

Okay. And how is the determination made, what's going to be submitted to the lab? Do you know how that works?

Chad Summerfield (02:32:10):

That's by the submitting agency.

State Attorney Nathan Vonderheide (02:32:12):

Okay.

Chad Summerfield (02:32:12):

Sometimes, they'll have some contact with us and we'll describe what to submit, but most of the time that's decided by the agency.

State Attorney Nathan Vonderheide (02:32:23):

All right. So let's talk about if your agency receives a swab, how is that swab then prepared for the DNA analysis that follows?

Chad Summerfield (02:32:31):

Well, it depends if the swab first is looked to see if it has any biological material, like whether it has an indication of blood. After that, the swab is then cut off the sticks and the cotton from the swab is then placed into a tube.

State Attorney Nathan Vonderheide (02:32:54):

Okay. And then that tube carries on further into the DNA testing process?

Chad Summerfield (02:32:58):

That original tube carries through to the extraction process.

State Attorney Nathan Vonderheide (02:33:01):

Okay. And in this case, you started receiving evidence when?

Chad Summerfield (02:33:08):

I-

State Attorney Nathan Vonderheide (02:33:10):

Well, was it early on in the investigation?

Chad Summerfield (02:33:14):

Yes, it was definitely early on. It's around March of 2023.

State Attorney Nathan Vonderheide (02:33:21):

Okay. We all see you got two binders there. What are in those binders?

Chad Summerfield (02:33:27):

This is all my laboratory work in this case.

State Attorney Nathan Vonderheide (02:33:30):

Okay. So those are your laboratory worksheets, your notes, reports?

Chad Summerfield (02:33:34):

This is my reports and my bench notes.

State Attorney Nathan Vonderheide (02:33:37):

Okay. And why are these documents created throughout the course of your DNA analysis?

Chad Summerfield (02:33:43):

Every step of our process is documented.

State Attorney Nathan Vonderheide (02:33:45):

Okay.

Chad Summerfield (02:33:46):

Every little step. So as you can see, it produces a lot of paperwork.

State Attorney Nathan Vonderheide (02:33:50):

Yes. It looks like a... Well, we can probably do that by weight rather than the number of pages, right?

Chad Summerfield (02:33:57):

Yes.

State Attorney Nathan Vonderheide (02:33:57):

Okay.

Chad Summerfield (02:33:58):

We really could.

State Attorney Nathan Vonderheide (02:33:59):

If you need to refer back to your notes to refresh your recollection, then just let us know.

Chad Summerfield (02:34:03):

Okay. Thank you.

State Attorney Nathan Vonderheide (02:34:04):

So let's talk about the first set of submissions that your lab received. Now, did you do the serological testing on the first set of items that were received in your lab?

Chad Summerfield (02:34:14):

No, I did not.

State Attorney Nathan Vonderheide (02:34:15):

Okay. So in that particular first set of items that your agency received, did you have a buccal swab?

Chad Summerfield (02:34:27):

May I refer to my notes?

State Attorney Nathan Vonderheide (02:34:28):

Yeah, for sure.

Chad Summerfield (02:34:32):

Yes. In the first submission of items to the laboratory, there was a buccal swab.

State Attorney Nathan Vonderheide (02:34:37):

Okay. Was there also a toothbrush?

Chad Summerfield (02:34:41):

Yes. There was a toothbrush that was represented to be from Steven Cozzi.

State Attorney Nathan Vonderheide (02:34:45):

Okay. So just tell us what a buccal swab is.

Chad Summerfield (02:34:49):

A buccal swab is a swab that's taken from the inside of the mouth. The cells in the inner of the mouth are called buccal cells, so that's why it gets the name buccal swab. And we use that as a reference sample for comparison to samples from a crime scene.

State Attorney Nathan Vonderheide (02:35:05):

Well, why would you use a buccal swab as a reference sample?

Chad Summerfield (02:35:09):

Early on, when I was in Philadelphia, we used to give blood samples, they'd draw blood, and of course they'd have to get a search warrant for blood, and now it's a much less invasive technique to get a buccal swab than it is to draw someone's blood.

State Attorney Nathan Vonderheide (02:35:26):

Is cheek skin, I guess, in particular, easy to obtain DNA from?

Chad Summerfield (02:35:31):

Yes. It's very easy, yes.

State Attorney Nathan Vonderheide (02:35:34):

Okay. Now, let's talk about the toothbrush.

Chad Summerfield (02:35:36):

Yes.

State Attorney Nathan Vonderheide (02:35:37):

You received a toothbrush in this case. Do you know why you received a toothbrush?

Chad Summerfield (02:35:43):

Yes, I do know why.

State Attorney Nathan Vonderheide (02:35:44):

Okay. Why was that?

Chad Summerfield (02:35:46):

Because a sample could not be obtained from Steven Cozzi.

State Attorney Nathan Vonderheide (02:35:50):

Okay. Is that because he was missing?

Chad Summerfield (02:35:52):

Yes. At the time the toothbrush was submitted, he was missing.

State Attorney Nathan Vonderheide (02:35:57):

Okay. Why would you choose a toothbrush as opposed to anything else as the best way to find someone's DNA?

Chad Summerfield (02:36:06):

Well, you can choose a toothbrush or a razor, but you want something that's not being shared a lot. A toothbrush is not typically shared, also like a razor would not be shared, because you want it to be a single source or just a profile from one individual.

State Attorney Nathan Vonderheide (02:36:24):

Okay. And is the toothbrush a good... It's adjacent to a buccal swab, right?

Chad Summerfield (02:36:29):

It's a little harder to get results, but you can get good results from a toothbrush.

State Attorney Nathan Vonderheide (02:36:33):

Okay. Did you actually do an analysis on the toothbrush itself or was it prepared for you in advance?

Chad Summerfield (02:36:42):

The toothbrush? I believe I did that. I prepared that myself.

State Attorney Nathan Vonderheide (02:36:52):

Okay. Were you able to develop a DNA profile from the toothbrush?

Chad Summerfield (02:36:57):

Yes, I was.

State Attorney Nathan Vonderheide (02:36:58):

All right. Were you able to develop a DNA profile from the buccal swab?

Chad Summerfield (02:37:02):

Yes, I was able to.

State Attorney Nathan Vonderheide (02:37:03):

Okay. And the DNA profile that you developed from the toothbrush from Steven Cozzi, were you able to utilize that profile in the rest of your DNA analysis?

Chad Summerfield (02:37:15):

Yes. Both the toothbrush that was represented to be from Steven Cozzi, in addition to the buccal swab that was represented to be from Michael Montgomery, they were used for comparisons for the rest of the DNA analysis.

State Attorney Nathan Vonderheide (02:37:30):

Okay. When an item comes into your lab, now that's a buccal swab, that's a piece of evidence that's an exhibit, it's whatever it is, do you assign it a number, an independent number?

Chad Summerfield (02:37:41):

Yes, we do.

State Attorney Nathan Vonderheide (02:37:42):

Okay. And why do you guys assign it an independent number, independent of the agency number?

Chad Summerfield (02:37:46):

So every item that comes in, like we mentioned, it gets a unique laboratory number, and every item within that gets a unique sample number, and that's to differentiate the various items within the case.

State Attorney Nathan Vonderheide (02:37:57):

Okay.

Chad Summerfield (02:37:57):

So every item is unique.

State Attorney Nathan Vonderheide (02:38:00):

May I approach the witness?

Judge (02:38:38):

Okay.

State Attorney Nathan Vonderheide (02:38:39):

I'm going to show you State's 47, State's 48. Take a look at the lab number and tell me if you recognize the lab number labeled.

Chad Summerfield (02:38:51):

Yes, I recognize the lab number.

State Attorney Nathan Vonderheide (02:38:54):

Okay. And why you may not have prepared those samples for analysis was... Did you conduct a DNA analysis utilizing those two-

Chad Summerfield (02:39:02):

Oh, yes, I did.

State Attorney Nathan Vonderheide (02:39:06):

Okay. Here's the swab number.

Tomasz Koswoski (02:39:11):

Let me see.

State Attorney Nathan Vonderheide (02:39:37):

All right. We're just going to stack those there. Take a look at the top one. It's lab number item five.

Chad Summerfield (02:39:44):

Oh, yes.

State Attorney Nathan Vonderheide (02:39:45):

Did you perform an analysis on item number five?

Chad Summerfield (02:39:50):

Yes. I can look at my notes, right?

State Attorney Nathan Vonderheide (02:39:52):

Sure.

Chad Summerfield (02:39:52):

Okay. Yes. Yeah, I did.

State Attorney Nathan Vonderheide (02:39:57):

Okay. What about item seven, middle garage, number one?

Chad Summerfield (02:40:08):

I did not perform an analysis on that sample.

State Attorney Nathan Vonderheide (02:40:10):

Okay. And we'll come back to that. Item number eight?

Chad Summerfield (02:40:16):

Yes, I performed a DNA analysis on item number eight.

State Attorney Nathan Vonderheide (02:40:18):

Okay. And before we get into the results of your DNA analysis, we should talk about a likelihood ratio. What is a likelihood ratio?

Chad Summerfield (02:40:29):

A likelihood ratio, given the evidence, is two different explanations of that evidence. They're mutually exclusive explanations. So if the DNA profile is seen in a sample or a mixture, one explanation would be that the person's DNA is there. The second explanation is, yes, it's there, but it's from not that person, it's a random and unrelated person in the population. So the likelihood ratio is a comparison of those two different explanations of the DNA. If the likelihood ratio value is one, it supports neither of those explanations. If the likelihood ratio is over one, that supports the explanation that DNA is from the person of interest. If the likelihood ratio goes below one, it supports the alternate explanation, that it's more likely that it's from a random person in the population.

State Attorney Nathan Vonderheide (02:41:32):

Okay. We're about to hear some ratios for some of this DNA analysis about populations. How is this developed? What's the reference source for these-

Chad Summerfield (02:41:44):

The reference source is from a statistical database that's prepared. Each of the places we're looking at has different frequencies which occur, and we use that population database to perform our statistical analysis.

State Attorney Nathan Vonderheide (02:42:03):

Okay. So let's talk about swab number five. She got up there before you. Swab from a Toyota tailgate.

Chad Summerfield (02:42:13):

Yes.

State Attorney Nathan Vonderheide (02:42:14):

Now, when we see these first batch of swabs, we know you didn't do serological testing, but if the serological testing came back positive for blood, is that when you would do the DNA testing?

Chad Summerfield (02:42:24):

That's correct. If it did not test positive for blood, I would not go forward to DNA testing.

State Attorney Nathan Vonderheide (02:42:30):

Okay.

Chad Summerfield (02:42:32):

But under these circumstances, I would not.

State Attorney Nathan Vonderheide (02:42:35):

Okay. Let's talk about swab number five. It's a swab purported to be from the inside of a Toyota tailgate, Dr. Koswoski's pickup truck. Did you do an analysis on that?

Chad Summerfield (02:42:46):

Yes, I did.

State Attorney Nathan Vonderheide (02:42:47):

And did you develop a DNA profile from that swab that was obtained from that pickup truck?

Chad Summerfield (02:42:52):

Yes. I developed a male DNA profile.

State Attorney Nathan Vonderheide (02:42:54):

Okay. Were you able to do an analysis and find out if that male DNA profile was consistent with a male DNA profile that was given to you from a reference source?

Chad Summerfield (02:43:07):

I actually compared two different reference sources.

State Attorney Nathan Vonderheide (02:43:09):

Okay. Well, tell us about that.

Chad Summerfield (02:43:11):

The first reference source was the buccal swab of Michael Montgomery.

State Attorney Nathan Vonderheide (02:43:14):

Okay.

Chad Summerfield (02:43:15):

When he was compared, he was excluded as a possible contributor to the DNA profile.

State Attorney Nathan Vonderheide (02:43:19):

So he was excluded as a possible contributor?

Chad Summerfield (02:43:21):

That's correct.

State Attorney Nathan Vonderheide (02:43:21):

All right. What was the other reference source that you received?

Chad Summerfield (02:43:24):

The other reference that was compared was the toothbrush that was represented to be from Steven Cozzi.

State Attorney Nathan Vonderheide (02:43:29):

Okay. And so what was the result of your findings with the toothbrush and the blood swab that was found in the tailgate of a Toyota Tundra?

Chad Summerfield (02:43:39):

When I did that comparison, the DNA profile is approximately 380 septillion times more likely if it originated from the toothbrush represented to be from Steven Cozzi than if it originated from an unknown, unrelated contributor.

State Attorney Nathan Vonderheide (02:43:54):

Okay. And how many locations, loci, is that based on?

Chad Summerfield (02:43:57):

Yeah. So I was looking at 21 locations, which is all the locations for the kit, so it's 21 of 21.

State Attorney Nathan Vonderheide (02:44:05):

All right. We just heard of a number, 380 septillion. What does that mean?

Chad Summerfield (02:44:12):

The way those numbers goes is it goes millions, billions, trillions, quadrillions, quintillions, sextillions, septillions. So this is a number as 3.8 followed by 26 zeros.

State Attorney Nathan Vonderheide (02:44:26):

Okay. What is the verbal scale as it relates to the statistics that you found in the analysis you did on swab number five and Mr. Cozzi's reference sample?

Chad Summerfield (02:44:41):

This statistical result provides very strong support for the proposition that the toothbrush represented to be from Steven Cozzi is a contributor to the DNA results obtained.

State Attorney Nathan Vonderheide (02:44:52):

All right. Tell me about that where it says, "Very strong support." Is that the highest verbal scale that you have in the Pinellas County Forensic Laboratory?

Chad Summerfield (02:45:02):

Well, that's a standard verbal scale.

State Attorney Nathan Vonderheide (02:45:00):

... Pinellas County Forensic Laboratory?

Chad Summerfield (02:45:02):

Well, that's a standard verbal scale, not just in the Pinellas County. It says standard scale is used and recommended by the FBI. And that's the highest level of that scale.

State Attorney Nathan Vonderheide (02:45:13):

Okay. And when you say it's recommended by the FBI, this is also what you teach other agencies, right?

Chad Summerfield (02:45:17):

Yes, correct.

State Attorney Nathan Vonderheide (02:45:18):

So let's move on to item six, was the tailgate handle. You did not perform an analysis on that, right? Was it because there was no blood indicated?

Chad Summerfield (02:45:28):

That's correct.

State Attorney Nathan Vonderheide (02:45:28):

All right. Let's talk about item seven, which you actually have before you, swab from the middle of the garage. You did not perform an analysis on item number seven. Why was that?

Chad Summerfield (02:45:37):

It would be the same reason.

State Attorney Nathan Vonderheide (02:45:38):

No blood indicated?

Chad Summerfield (02:45:39):

That's correct.

State Attorney Nathan Vonderheide (02:45:39):

All right. Now let's talk about item eight. This is a swab from the middle of the garage at 511 Seaview Drive. What was the result of your analysis there?

Chad Summerfield (02:45:49):

This resulted in a DNA mixture. And what a mixture means is, there was more than one DNA profile there.

State Attorney Nathan Vonderheide (02:45:55):

Okay.

Chad Summerfield (02:45:56):

When I looked at this mixture, I interpreted this mixture as originating from two contributors.

State Attorney Nathan Vonderheide (02:46:00):

Okay.

Chad Summerfield (02:46:01):

And at least one of the contributors was a male individual.

State Attorney Nathan Vonderheide (02:46:04):

All right. And then, were you able to make any findings as it relates to the toothbrush of Steven Cozzi?

Chad Summerfield (02:46:11):

Well, first let me go over Michael Montgomery.

State Attorney Nathan Vonderheide (02:46:16):

Sure. We'll figure-

Chad Summerfield (02:46:17):

Because-

State Attorney Nathan Vonderheide (02:46:18):

... Michael.

Chad Summerfield (02:46:18):

Yeah. So the buccal swab's from Michael Montgomery. When he was compared, he was excluded as a possible contributor to these DNA results obtained.

State Attorney Nathan Vonderheide (02:46:25):

All right.

Chad Summerfield (02:46:26):

In relation to the toothbrush that was represented to be from Steven Cozzi, the mixture of DNA is approximately 1.3 quadrillion times more likely if originated from the toothbrush represented to be from Steven Cozzi, an unknown unrelated contributor than if it originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (02:46:45):

Okay. And what's the verbal scale for that?

Chad Summerfield (02:46:49):

The verbal scale for that is very strong support.

State Attorney Nathan Vonderheide (02:46:52):

Okay, highest scale?

Chad Summerfield (02:46:53):

Correct. And to give a little context for the number, that would be a 1.3 followed by 15 zeros.

State Attorney Nathan Vonderheide (02:47:00):

Okay. Now, did you later receive a buccal swab from Dr. Tomasz Kosowski in this case?

Chad Summerfield (02:47:06):

Yes, I did.

State Attorney Nathan Vonderheide (02:47:07):

Okay. So we're going to come back to middle garage number two, right?

Chad Summerfield (02:47:11):

Yes, we will.

State Attorney Nathan Vonderheide (02:47:11):

We'll just go chronologically through your reports. So at that time you had an unknown contributor, you didn't know who it was?

Chad Summerfield (02:47:18):

That's correct.

State Attorney Nathan Vonderheide (02:47:19):

Okay. We had item nine, 10 and 11. You did not perform an analysis on those swabs. What was the reason for that?

Chad Summerfield (02:47:29):

It was the same reason. There was no blood indicated.

State Attorney Nathan Vonderheide (02:47:33):

Okay. So then we had another submission and Ms. Beecher did the serological testing on the report number three, right?

Chad Summerfield (02:47:44):

That's correct.

State Attorney Nathan Vonderheide (02:47:45):

Okay. So then you follow up and you do report number four, is that right? Request number four?

Chad Summerfield (02:47:53):

Yes, request number four.

State Attorney Nathan Vonderheide (02:47:54):

All right. So let's go through this. So we already had... And at this point, did you receive that buccal swab from Dr. Tomasz Kosowski?

Chad Summerfield (02:48:04):

Yes. Within estimation, buccal swabs were submitted that were represented to be from Tomasz Kosowski.

State Attorney Nathan Vonderheide (02:49:53):

[inaudible 02:49:52] It's State's 55. It's your item 17. What is that?

Chad Summerfield (02:50:03):

This is the buccal swabs that were represented to be from Tomasz Kosowski.

State Attorney Nathan Vonderheide (02:50:06):

I'm going to show you your item 13, court's 58. Take a look at that one.

Chad Summerfield (02:50:18):

These were swabs that were represented to be from the interior trunk lid.

State Attorney Nathan Vonderheide (02:50:26):

Okay. And your agency lab labels on there, the-

Chad Summerfield (02:50:29):

Yes.

State Attorney Nathan Vonderheide (02:50:30):

Testing was performed in your lab?

Chad Summerfield (02:50:31):

That's correct.

State Attorney Nathan Vonderheide (02:50:32):

Item 14 for you, item 56 for us here in court.

Chad Summerfield (02:50:40):

Yes. These were swabs from the interior north wall to the lobby door.

State Attorney Nathan Vonderheide (02:50:46):

Okay. And now we have your item 16 and the court's state attorney exhibit 57.

Chad Summerfield (02:50:58):

Item 16 was swabs that were represented to be from the men's bathroom floor drain.

State Attorney Nathan Vonderheide (02:51:05):

Okay. Let's talk about item number eight again, the swab from the middle of the garage floor at 511 Seaview Drive. Were you able to make any further analysis once you received Dr. Tomasz Kosowski's DNA profile?

Chad Summerfield (02:51:21):

Yeah. We already compared the toothbrush that's represented to be for Steven Cozzi and the buccal swabs from Michael Montgomery. With this additional submission for the sample, we now can make a comparison to Tomasz Kosowski.

State Attorney Nathan Vonderheide (02:51:34):

Okay.

Chad Summerfield (02:51:34):

And I-

State Attorney Nathan Vonderheide (02:51:35):

And so-

Chad Summerfield (02:51:35):

... made a comparison. I'm sorry.

State Attorney Nathan Vonderheide (02:51:37):

Well, I may be skipping a step. Were you able to develop a DNA profile from the buccal swab of Dr. Tomasz Kosowski?

Chad Summerfield (02:51:45):

Yes. I developed a full DNA profile.

State Attorney Nathan Vonderheide (02:51:47):

Okay. So tell us about the swab in the middle of the garage floor at 511 Seaview Drive. What was your result once you had Dr. Kosowski's buccal swab?

Chad Summerfield (02:51:56):

When I made a comparison to the buccal swabs for Tomasz Kosowski, he was excluded as a possible contributor to this DNA profile.

State Attorney Nathan Vonderheide (02:52:03):

For the tailgate?

Chad Summerfield (02:52:04):

Yes, correct.

State Attorney Nathan Vonderheide (02:52:05):

Okay. So let's go to the garage floor at 511 Seaview Drive.

Chad Summerfield (02:52:10):

When I looked at the sample and did the analysis, the sample resulted in a DNA mixture.

State Attorney Nathan Vonderheide (02:52:15):

Okay.

Chad Summerfield (02:52:16):

And I interpreted this mixture as originating from two contributors.

State Attorney Nathan Vonderheide (02:52:19):

Okay.

Chad Summerfield (02:52:20):

And with the comparison to Tomasz Kosowski now, the mixture of DNA is approximately 20 quadrillion times more likely if originated from Tomasz Kosowski, an unknown unrelated contributor than if originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (02:52:38):

Okay. What was the statistical verbal scale for that?

Chad Summerfield (02:52:42):

The verbal scale on that was very strong support and the number 20 quadrillion is a number of... followed by two, followed by 16 zeros.

State Attorney Nathan Vonderheide (02:52:51):

Okay. So then you can take the mixture and you can develop statistics for that, right?

Chad Summerfield (02:52:55):

Yeah. So the original comparison to the toothbrush as represented before Steven Cozzi, we wanted to see how... statistically what likelihood ratio would be for that. Now we do another individual comparison to Tomasz Kosowski. Now I want to see how that fits with both of them in the mixture together.

State Attorney Nathan Vonderheide (02:53:19):

And you also have a number that you've put here for mixture proportion.

Chad Summerfield (02:53:23):

Yes.

State Attorney Nathan Vonderheide (02:53:24):

What does that mean and what is the mixture proportion?

Chad Summerfield (02:53:25):

So when we're processing evidence, we give a mixed proportion. That's how much of the DNA one contributor contributes as compared to the other contributor.

State Attorney Nathan Vonderheide (02:53:35):

Okay. And in this particular case, can you tell who contributed 54% versus who contributed 46%?

Chad Summerfield (02:53:42):

Yeah. The 54% was from the DNA represented to be from the toothbrush from Steven Cozzi.

State Attorney Nathan Vonderheide (02:53:50):

Okay. And the 46%?

Chad Summerfield (02:53:53):

That aligned with the DNA from the buccal swab of Tomasz Kosowski.

State Attorney Nathan Vonderheide (02:53:57):

Okay. So tell us the statistics related to the mixture of Mr. Kosowski's DNA and Mr. Cozzi's DNA.

Chad Summerfield (02:54:06):

So the mixture of DNA is approximately 35 tredecillion times more likely if originated from the toothbrush represented to be from Steven Cozzi, and the buccal swabs of Tom Kosowski than from originated from two unknown unrelated contributors. That number is a three followed by 43 zeros.

State Attorney Nathan Vonderheide (02:54:30):

Okay. And what's the verbal scale for that?

Chad Summerfield (02:54:33):

That also falls along the verbal scale of very strong support.

State Attorney Nathan Vonderheide (02:54:37):

Okay. So it's very strong support, the highest scale, right?

Chad Summerfield (02:54:41):

Yeah. It's very strong support for the proposition that both the toothbrush represented to be from Steven Cozzi and the buccal swabs from Tomasz Kosowski are contributors to the DNA results.

State Attorney Nathan Vonderheide (02:54:56):

Okay. Let's move on to item 13 that your lab tested. It's purported to be swabs from an interior trunk lid from a Toyota Corolla.

Chad Summerfield (02:55:08):

When-

State Attorney Nathan Vonderheide (02:55:09):

What did you find there?

Chad Summerfield (02:55:10):

When I looked at the sample, the sample also, it was all in a mixture. Looking at the mixture, I interpreted this mixture as originating from two contributors. There was at least one male. I then made a comparison to Michael Montgomery in addition to the toothbrush represented from Steven Cozzi and the buccal swabs from Tomasz Kosowski.

State Attorney Nathan Vonderheide (02:55:31):

Okay.

Chad Summerfield (02:55:34):

In relation to the toothbrush represented to be from Steven Cozzi, the mixture of DNA is approximately 11 times more likely if it originated from the toothbrush represented to be from Steven Cozzi, an unknown unrelated contributor than if originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (02:55:53):

Okay. And how many loci was that based on?

Chad Summerfield (02:56:00):

That was based upon seven of the 21. And when you hear that seven 21, I don't want to be misleading. That doesn't necessarily mean we didn't look at all the other sides. That's just what the information we had available, was at those.

State Attorney Nathan Vonderheide (02:56:16):

Okay. And what were you able to determine about the buccal swab of Dr. Tomasz Kosowski?

Chad Summerfield (02:56:23):

The mixture of DNA is approximately 430 times more likely if originated from the buccal swabs of Tomasz Kosowski, an unknown unrelated contributor than if it originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (02:56:34):

Okay. Now we're going chronologically in your reports and the investigation. Were you able to... later to make other conclusions about these mixture swabs?

Chad Summerfield (02:56:44):

Yes.

State Attorney Nathan Vonderheide (02:56:44):

Okay. And why was that?

Chad Summerfield (02:56:47):

Well, originally, the verbal scale, nothing changed except for the verbal scale. In our original validation, we've seen with these lower LRs, we've seen some false inclusions where donors that were not there were included. And so we would listed the likelihood ratio as inconclusive for the verbal scale.

(02:57:09)
Later on, reviewing our policy and procedures and keeping in compliance with some of the FBI's recommendations for reporting out likely ratios, they stated that you should not report out a low LR as inconclusive. You should relay that information that there is some possibilities of false inclusions, but you should report it out not necessarily as inconclusive, but as limited, provides limited support for.

State Attorney Nathan Vonderheide (02:57:35):

Okay. All right. Let's move on to swab number 14, interior trunk back wall of a Toyota Corolla. What did you find as it relates to that swab?

Chad Summerfield (02:57:45):

That swab resulted in a mixture. I interpret this as originated from two contributors. There's at least one male contributor. When I did comparisons, Michael Montgomery, the buccal swabs of Mike Montgomery, he was excluded as a possible contributor to these results.

(02:58:05)
Comparison to the toothbrush of represented to be from Steven Cozzi, the mixture of DNA is approximately 200 septillion times more likely if originated from the buccal swabs represented to be from Steven Cozzi, an unknown unrelated contributor than if originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (02:58:22):

Okay. What is septillion?

Chad Summerfield (02:58:24):

Septillion is a number that's... say for this case, two followed by 26 zeros.

State Attorney Nathan Vonderheide (02:58:31):

Okay. And what's the verbal scale for that statistical result?

Chad Summerfield (02:58:34):

It provides very strong support.

State Attorney Nathan Vonderheide (02:58:37):

For what?

Chad Summerfield (02:58:37):

For the proposition that toothbrush represented to be from Steven Cozzi is a contributor to these DNA results.

State Attorney Nathan Vonderheide (02:58:43):

All right. Were you able to make any conclusions at that time in your analysis about Dr. Tomasz Kosowski's buccal swab?

Chad Summerfield (02:58:50):

Yes, that's correct. I did.

State Attorney Nathan Vonderheide (02:58:51):

All right. What was that?

Chad Summerfield (02:58:53):

The mixture of DNA is approximately 42 times more likely if it originated from the buccal swab from Tomasz Kosowski, an unknown unrelated contributor than if it originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (02:59:04):

Okay. Were you able to go back to item 14 later on in the investigation?

Chad Summerfield (02:59:10):

Yes, that's correct.

State Attorney Nathan Vonderheide (02:59:11):

Okay. Let's talk about item 15, interior north wall to left of the lobby door. What were you able to find out about that particular swab?

Chad Summerfield (02:59:20):

This item resulted in a mixture.

State Attorney Nathan Vonderheide (02:59:21):

Okay.

Chad Summerfield (02:59:22):

And when I looked at this mixture, I interpreted this mixture as two contributors, and then I made comparisons to the individuals. In comparison to Michael Montgomery, Mike Montgomery was excluded as a possible contributor to these DNA results.

(02:59:41)
When I made a comparison to the toothbrush as represented to be for Steven Cozzi, he was excluded as a possible contributor to these DNA results and made a comparison to the buccal swabs of Tomasz Kosowski. He was also excluded as a possible contributor to these DNA results.

State Attorney Nathan Vonderheide (02:59:58):

Okay. So on the lobby door, item 15, everybody was excluded from that, right?

Chad Summerfield (03:00:03):

Well, the three people that were compared in this case were excluded, yes.

State Attorney Nathan Vonderheide (03:00:06):

Okay. Item 16, swab men's bathroom floor drain. Now, Desiree Beecher did an analysis before. She said it was blood under serological testing. You continued the testing. What did you find as it relates to Michael Montgomery's buccal swab?

Chad Summerfield (03:00:21):

When I did the testing, this resulted in a male DNA profile.

State Attorney Nathan Vonderheide (03:00:24):

Okay.

Chad Summerfield (03:00:26):

And when I made the comparison, the buccal swabs from Michael Montgomery, he was excluded as a possible contributor to these DNA results. In comparison to the toothbrush represented to be from Steven Cozzi, the DNA profile is approximately 400 septillion times more likely if it originated from the toothbrush represented to be be from Steven Cozzi than if it originated from an unknown unrelated contributor.

State Attorney Nathan Vonderheide (03:00:51):

All right. And what's the verbal scale for that?

Chad Summerfield (03:00:55):

This verbal scale was very strong support for the proposition that the toothbrush represented to be from Steven Cozzi was a contributor to the DNA results obtained from this item.

State Attorney Nathan Vonderheide (03:01:07):

Item 16, men's bathroom floor drain, very strong support that Steven Cozzi's DNA is a contributor to the DNA results.

Chad Summerfield (03:01:15):

That's correct, yes.

State Attorney Nathan Vonderheide (03:01:17):

Highest scale?

Chad Summerfield (03:01:18):

Yes. It's a very strong support. And the last comparison for this item was to the buccal swabs of Tomasz Kosowski, and Tomasz Kosowski was excluded as a possible contributor to these DNA results.

State Attorney Nathan Vonderheide (03:01:32):

Okay. Let's move on to request seven. Did you obtain some swabs there as well?

Chad Summerfield (03:01:46):

I received quite a few swabs on this, yes.

State Attorney Nathan Vonderheide (03:02:08):

Okay. And did Desiree Beecher do the serological testing on those items as well?

Chad Summerfield (03:02:15):

Yes, she did.

State Attorney Nathan Vonderheide (03:02:15):

Okay. So let's talk about swab 21, which is a swab from the top of the toilet tank. What did you find as it relates to that?

Chad Summerfield (03:02:25):

On that item, it was very limited results and it was not enough DNA that you could actually make a comparison to.

State Attorney Nathan Vonderheide (03:02:34):

Okay. Let's talk about item 22, bottom left of toilet seat.

Chad Summerfield (03:02:40):

Before we do that, do you want to discuss item 19?

State Attorney Nathan Vonderheide (03:02:44):

Oh yeah, sure. Let's discuss item 19. This was a swab from the interior of a dumpster?

Chad Summerfield (03:02:51):

Yes, correct.

State Attorney Nathan Vonderheide (03:02:52):

Okay. And what did you find there?

Chad Summerfield (03:02:55):

That did not result on the DNA profile.

State Attorney Nathan Vonderheide (03:03:00):

Okay. And did you do the serological testing on that dumpster?

Chad Summerfield (03:03:02):

No.

State Attorney Nathan Vonderheide (03:03:02):

All right. Did Ms. Beecher do that?

Chad Summerfield (03:03:06):

I am not sure.

State Attorney Nathan Vonderheide (03:03:07):

Okay. Someone before you did serological testing?

Chad Summerfield (03:03:12):

Maybe. I'm not sure.

State Attorney Nathan Vonderheide (03:03:15):

But there was no presence of blood, correct?

Chad Summerfield (03:03:20):

May I refer?

State Attorney Nathan Vonderheide (03:03:21):

Yeah, you may refer to your report.

Chad Summerfield (03:03:57):

Yeah. I don't have any indications testing. If there was testing, it would've been done outside of...

State Attorney Nathan Vonderheide (03:04:02):

Okay.

Speaker 6 (03:04:48):

Thank you, Mr. [inaudible 03:04:48].

State Attorney Nathan Vonderheide (03:04:55):

So first I'm going to show you here State's Exhibit 85, an evidence. It's got your item number 22 on it. Is that your lab?

Chad Summerfield (03:05:04):

Yes, it is.

State Attorney Nathan Vonderheide (03:05:04):

Mr. Chad, please look at this file. State's 87, item 24, what is that reported to be?

Chad Summerfield (03:05:12):

Item 24 is reported to be from the men's bathroom floor, photo marker number 10.

State Attorney Nathan Vonderheide (03:05:24):

Okay. And we got item 25, state's exhibit 88. Take a look at that. What is that?

Chad Summerfield (03:05:34):

25 is swabs that's reported to be from the men's bathroom exterior stall.

State Attorney Nathan Vonderheide (03:05:39):

Okay. State's exhibit 79, your item 27, what does that report to be?

Chad Summerfield (03:05:50):

This was reported to be from the stain from the paper towel.

State Attorney Nathan Vonderheide (03:05:55):

Okay. State's exhibit 59, item 28, what do we have there?

Chad Summerfield (03:06:03):

This item was napkins.

State Attorney Nathan Vonderheide (03:06:07):

Okay. And then your item 26 and state's exhibit 89, take a look at that. What is that?

Chad Summerfield (03:06:17):

These were swabs from the men's bathroom exterior door.

State Attorney Nathan Vonderheide (03:06:20):

Okay. All right. So let's go in order. We talked about 19 swab from a dumpster, no DNA profile. We talked about 21, two limited results. Let's talk about 22 swabs from the bottom left of a toilet seat. Were you able to make a comparison of that?

Chad Summerfield (03:06:36):

Yes, I was. I-

State Attorney Nathan Vonderheide (03:06:37):

What was the result of your comparison you made there?

Chad Summerfield (03:06:40):

When I did the DNA analysis, it's resulted in a male DNA profile.

State Attorney Nathan Vonderheide (03:06:43):

Okay.

Chad Summerfield (03:06:45):

When I did the necessary comparisons, Mike Montgomery, the buccal swabs represented to be from Montgomery, he was excluded as a possible contributor to those DNA results. When I did a comparison to the toothbrush represented to be from Steven Cozzi, the DNA profile is approximately 3.1 sextillion times more likely if originated from the toothbrush represented to be from Steven Cozzi than if originated from an unknown unrelated contributor. And the number of sextillion in this case is a three followed by 21 zeros.

State Attorney Nathan Vonderheide (03:07:18):

Okay. What's the verbal scale for that result?

Chad Summerfield (03:07:20):

Very strong support for the proposition that the toothbrush represented to be from Steven Cozzi is a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:07:29):

Okay. What about Dr. Kosowski's buccal swab?

Chad Summerfield (03:07:33):

When I compared Tomasz Kosowski to these DNA results, he was excluded as a possible contributor to the DNA profile obtained.

State Attorney Nathan Vonderheide (03:07:41):

Let's talk about item 24, men's bathroom floor drain, which was at photo marker number 10. Were you able to find a DNA profile suitable for comparison purposes?

Chad Summerfield (03:07:51):

Yes. When I tested this item, it resulted in a DNA mixture. When I did an interpretation, I interpreted this as originating from two contributors. At least one of the contributors was male.

(03:08:07)
When I compared the mixture to Michael Montgomery, it was 270... Sorry. The mixture of DNA is approximately 270 times more likely if it originated from two unknown unrelated contributors, than if it originated from Michael Montgomery and an unknown unrelated contributor. And this here provides moderate support that Michael Montgomery is not a contributor.

State Attorney Nathan Vonderheide (03:08:36):

Okay.

Chad Summerfield (03:08:36):

It didn't get to the point of exclusion, but it was moving towards that where it provides moderate support that he is not a contributor.

State Attorney Nathan Vonderheide (03:08:43):

All right. What about as it relates to Mr. Cozzi's DNA profile?

Chad Summerfield (03:08:49):

When I made a comparison, the mixture of DNA is approximately 36 sextillion times more likely if originated from the toothbrush represented to be from Steven Cozzi, an unknown unrelated contributor than if it originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (03:09:05):

And what's the verbal scale for that?

Chad Summerfield (03:09:08):

This provided very strong support for the proposition that the toothbrush represented from Steven Cozzi is a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:09:17):

Were you able to make any findings as it relates to the buccal swab of Dr. Tomasz Kosowski?

Chad Summerfield (03:09:22):

Yes, I did.

State Attorney Nathan Vonderheide (03:09:23):

What was that?

Chad Summerfield (03:09:24):

The mixture of DNA is approximately 250 times more likely if originated from two unknown unrelated contributors than if it originated from Tomasz Kosowski, an unknown unrelated contributor. So this provided moderate support that Tomasz Kosowski is not a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:09:40):

Okay. And that's the men's bathroom floor drain, photo marker number 10, right?

Chad Summerfield (03:09:45):

That's correct.

State Attorney Nathan Vonderheide (03:09:46):

Let's talk about item 25, the men's bathroom exterior stall. Were you able to develop a profile from that?

Chad Summerfield (03:09:52):

Yes, I did.

State Attorney Nathan Vonderheide (03:09:53):

And what did you develop there?

Chad Summerfield (03:09:55):

After looking at the results, this resulted in a male DNA profile. I then made a comparison to Michael Montgomery. Michael Montgomery was excluded as a possible contributor to these DNA results.

(03:10:08)
Then made a comparison to the toothbrush represented to be from Steven Cozzi, and the DNA profile is approximately 440 septillion times more likely if it originated from the toothbrush represented to be from Steven Cozzi than if it originated from an unknown unrelated contributor.

State Attorney Nathan Vonderheide (03:10:22):

What's the verbal scale for that?

Chad Summerfield (03:10:24):

This provides very strong support for the proposition that the toothbrush represented from Steven Cozzi is a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:10:32):

Okay. And what about Tomasz Kosowski's buccal swab?

Chad Summerfield (03:10:36):

When I compared Tomasz Kosowski, he was excluded as a possible contributor to these DNA results.

State Attorney Nathan Vonderheide (03:10:42):

Okay. Let's talk about item 26, which is the men's bathroom exterior door. Were you able to develop a profile or profiles from that sample?

Chad Summerfield (03:10:52):

Yes. This resulted in a DNA mixture. Looking at this, I interpret this as a mixture of two individuals.

State Attorney Nathan Vonderheide (03:10:59):

Okay. Does the percentage, does it have a meaningfulness in this?

Chad Summerfield (03:11:03):

Yes. This mixture was 83%, 17% mixture.

State Attorney Nathan Vonderheide (03:11:09):

Okay. So tell us about the comparison that you were able to make.

Chad Summerfield (03:11:13):

When I made a comparison to the buccal swabs of Michael Montgomery, Michael Montgomery was excluded as a possible contributor.

State Attorney Nathan Vonderheide (03:11:18):

Okay.

Chad Summerfield (03:11:21):

Making a comparison to the toothbrush represented to be from Steven Cozzi, the mixture of DNA is approximately 250 septillion times more likely if it originated from the toothbrush represented to be from Steven Cozzi, an unknown unrelated contributor than if it originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (03:11:37):

Okay. What's the verbal scale for the contribution of Mr. Cozzi's DNA?

Chad Summerfield (03:11:43):

This provided very strong support for the proposition that the toothbrush represented to be from Steven Cozzi is a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:11:52):

All right. Tell me about the mixture. Were you able to make any findings as it relates to the buccal swab of Tomasz Kosowski?

Chad Summerfield (03:11:59):

Yes, I was.

State Attorney Nathan Vonderheide (03:12:00):

What were you able to find with that?

Chad Summerfield (03:12:02):

The mixture of DNA is approximately 6.8 billion times more likely if originated from the buccal swabs of Tomasz Kosowski, an unknown unrelated contributor than if it originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (03:12:16):

Okay. And what is the verbal scale for that?

Chad Summerfield (03:12:19):

The statistical result, it provides very strong support for the proposition that Tomasz Kosowski is a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:12:25):

All right. And then are you able to develop statistics as it relates to that combination of both men's DNA profiles?

Chad Summerfield (03:12:31):

Yeah, so we looked at them individually like we did on the other sample, now we're looking at them together, and the mixture of DNA is approximately 8.2 undecillion times more likely if it originated from the toothbrush represented to be from Steven Cozzi and the buccal swab of Tomasz Kosowski than if it originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (03:12:50):

What's the verbal scale for that?

Chad Summerfield (03:12:52):

This provides very strong support for the proposition that the toothbrush represented from Steven Cozzi and Tomasz Kosowski are both contributors to these DNA results.

State Attorney Nathan Vonderheide (03:13:03):

All right. And is it similar to the single source comparison when you have multiple parties, is that the highest verbal scale?

Chad Summerfield (03:13:10):

Yes, this was the highest verbal scale, very strong support.

State Attorney Nathan Vonderheide (03:13:14):

Okay. Let's talk about the paper towels next, which is your item 27. And your item 27 has, I think, two different areas. We got an A and a B. Explain to us how the testing on something like a paper towel would proceed and why there's an A section and a B section.

Chad Summerfield (03:13:32):

Well, one of the things when you're looking at a paper towel, you have a potential for staining on the paper towel, so you want to see whose staining it is. Let's say it is blood, so you want to determine whose blood that is on that stain.

(03:13:47)
Well, in addition to that, you want to determine, well, who could be handling the item that is outside the stain. So you want to look and test the staining areas and also test the non-staining areas so you can potentially see who altogether is on that napkin. If you just tested the staining areas, you potentially could miss maybe who handled the item.

State Attorney Nathan Vonderheide (03:14:13):

Okay. So for 27A, what did you test there?

Chad Summerfield (03:14:18):

For 27A, this was the staining area of the paper towel.

State Attorney Nathan Vonderheide (03:14:24):

Okay.

Chad Summerfield (03:14:24):

This resulted in a DNA mixture.

State Attorney Nathan Vonderheide (03:14:26):

All right. Tell me about it.

Chad Summerfield (03:14:28):

The mixture was interpreted as originating from two contributors, at least one of them was male, and then I made a comparison to Michael Montgomery.

State Attorney Nathan Vonderheide (03:14:41):

Okay.

Chad Summerfield (03:14:43):

And it's approximately 200 times more likely if originated from two unknown unrelated contributors than if it originated from Michael Montgomery and an unknown unrelated contributor.

(03:14:52)
So this provides moderate support that Michael Montgomery is not a contributor to these DNA results. It wasn't the point where I felt like... exclude Michael, but it was leaning in the direction of exclusion, so it was moderate support for exclusion.

State Attorney Nathan Vonderheide (03:15:06):

Okay. So tell me about the next comparison that you-

Chad Summerfield (03:15:09):

When I made a comparison to the toothbrush represented to be from Steven Cozzi, the mixture is approximately 140 septillion times more likely if originated from the toothbrush represented to be from Steven Cozzi, an unknown unrelated contributor than if it originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (03:15:27):

Okay. What's the verbal scale for that?

Chad Summerfield (03:15:30):

This provided very strong support for the proposition that Steven Cozzi is a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:15:35):

All right. What about... Were you able to make any comparisons to Dr. Tomasz Kosowski's DNA profile?

Chad Summerfield (03:15:41):

Oh yes, I did.

State Attorney Nathan Vonderheide (03:15:41):

What was that?

Chad Summerfield (03:15:42):

The mixture of DNA is approximately 2.4 times more likely if originated from Tomasz Kosowski, an unknown unrelated contributor. And this ratio at the time was inconclusive and later on I actually looked at that sample again.

State Attorney Nathan Vonderheide (03:15:58):

Okay. You looked at that sample again, this was inconclusive at first. We'll get to that. So let's talk about 27B. It says area avoiding stain. What does that mean?

Chad Summerfield (03:16:08):

So when you're looking at the paper towel and there's a lot of reddish brown staining, it's just like it sounds, you're looking at the white areas, trying to avoid any of the staining so you can... because there's a lot more DNA typically in blood than just touching an item. So you're trying to avoid that and just trying to get the person's DNA that may have handled that item.

State Attorney Nathan Vonderheide (03:16:31):

Okay. And what was your findings as it relates to 27B?

Chad Summerfield (03:16:35):

With 27B, this resulted in a DNA mixture and it was interpreted as originating from three contributors. And at least one of the contributors was male. Making a comparison Michael Montgomery was excluded as a possible contributor. I could not make a determination regarding the toothbrush represented to be from Steven Cozzi to this mixture.

State Attorney Nathan Vonderheide (03:17:00):

Okay. What about Dr. Tomasz Kosowski?

Chad Summerfield (03:17:04):

Dr. Tomasz Kosowski was excluded as a possible contributor to these DNA results.

State Attorney Nathan Vonderheide (03:17:08):

Okay. Did you receive more napkins or paper towels in this investigation?

Chad Summerfield (03:17:13):

Yes. We did-

State Attorney Nathan Vonderheide (03:17:14):

Let's talk about 28. It looks like you have two areas of 28?

Chad Summerfield (03:17:25):

Yeah, there was actually-

State Attorney Nathan Vonderheide (03:17:26):

Three areas.

Chad Summerfield (03:17:27):

Yeah, three areas. There was two areas where there was staining and there was a third area where I was avoiding the staining.

State Attorney Nathan Vonderheide (03:17:34):

Okay. Let's talk about the first area with the stain. What did you find there? Did you develop a profile?

Chad Summerfield (03:17:38):

Yes, I did.

State Attorney Nathan Vonderheide (03:17:39):

All right. What was the results of that analysis?

Chad Summerfield (03:17:41):

This resulted in a male DNA profile. Making a comparison to the buccal swabs from Michael Montgomery, he was excluded as a possible contributor. Making a comparison to the toothbrush represented to be from Steven Cozzi, the DNA profile is approximately 447 septillion times more likely if originated from the toothbrush, represented to be from Steven Cozzi...

Chad Summerfield (03:18:00):

... from the toothbrush represented to be from Steven Cozzi. They have originated from an unknown unrelated contributor.

State Attorney Nathan Vonderheide (03:18:06):

Okay. What's the verbal scale on that?

Chad Summerfield (03:18:08):

Very strong support for the proposition that Steven Cozzi is a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:18:14):

Okay. And what about Dr. Tomasz Kosowski?

Chad Summerfield (03:18:17):

When I made a comparison to Tomasz Kosowski, he was excluded as a possible contributor to these DNA results.

State Attorney Nathan Vonderheide (03:18:23):

And are you testing the stain because it looks like blood?

Chad Summerfield (03:18:27):

Yes, correct.

State Attorney Nathan Vonderheide (03:18:27):

Okay. Let's talk about the next part, Stain Number 2.

Chad Summerfield (03:18:32):

Stain Number 2, this resulted in a male DNA profile.

State Attorney Nathan Vonderheide (03:18:36):

Okay. And what about Michael Montgomery?

Chad Summerfield (03:18:38):

Make a comparison to Michael Montgomery is excluded as a possible contributor to the DNA results.

State Attorney Nathan Vonderheide (03:18:43):

What about Mr. Cozzi's DNA?

Chad Summerfield (03:18:45):

When looking at the profile, the DNA profile is approximately 420 septillion times more likely if it originated from the toothbrush represented to be from Steven Cozzi than if it originated from an unknown unrelated contributor.

State Attorney Nathan Vonderheide (03:18:57):

All right. What's the verbal scale on that?

Chad Summerfield (03:18:59):

That was very strong support that Steven Cozzi was a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:19:06):

Okay. And what about Tomasz Kosowski on that particular-

Chad Summerfield (03:19:10):

When I looked at Tomasz Kosowski, he was excluded as a possible contributor to these DNA results.

State Attorney Nathan Vonderheide (03:19:15):

Okay. Now let us talk about the area of voiding the stain. Were you able to develop a mixture on that?

Chad Summerfield (03:19:21):

Yes, I did.

State Attorney Nathan Vonderheide (03:19:22):

All right. What did you develop?

Chad Summerfield (03:19:25):

The mixture, it was interpreted as originating from two contributors, at least one male contributor. And when I made a comparison of Michael Montgomery, it was approximately 3.2 times more likely to originate from two unknown unrelated contributors than it originated from Michael Montgomery and an unknown unrelated contributor. And this is just a statistical support leading towards exclusion. It just provides limited support that he is not a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:19:56):

Okay. What about Mr. Cozzi's DNA?

Chad Summerfield (03:19:58):

When I made a comparison to Mr. Cozzi, the mixture of DNA is approximately 910 sextillion times more likely if originated from the toothbrush represented to be from Steven Cozzi, an unknown unrelated contributor if originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (03:20:15):

Okay. And what is the verbal scale for that?

Chad Summerfield (03:20:19):

This, again, was very strong support for the proposition that the toothbrush, which was represented to be from Steven Cozzi is a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:20:29):

And when you say area avoiding stain, so where there was the part that looked like blood and then there's just the white part that came from-

Chad Summerfield (03:20:34):

Yes, correct. And just keep in mind, you're trying to avoid that, but sometimes it's not always possible.

State Attorney Nathan Vonderheide (03:20:42):

Okay. And if it's blood, will it tend to overpower any other mixture if it's not-

Chad Summerfield (03:20:46):

Yeah. Blood will overpower any type of touch or transfer DNA. Yes.

State Attorney Nathan Vonderheide (03:20:52):

Okay. Let's talk about Dr. Kosowski's buccal swab. What did you find as it relates to that?

Chad Summerfield (03:20:59):

The mixture of DNA is approximately 110 times more likely if it originated from two unknown unrelated contributors than if it originated from Tomasz Kosowski and an unknown unrelated contributor.

State Attorney Nathan Vonderheide (03:21:10):

Okay. And were you able to make any kind of conclusion on the verbal scale for that?

Chad Summerfield (03:21:14):

Yeah. So this provides moderate support for the proposition that Tomasz Kosowski is not a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:21:20):

Okay. And you also, there was a floor of a vehicle that you received a swab. Looks like you did not perform an analysis on that.

Chad Summerfield (03:21:35):

Which item?

State Attorney Nathan Vonderheide (03:21:41):

Item 29, driver's side front floorboard.

Chad Summerfield (03:21:50):

Item 29?

State Attorney Nathan Vonderheide (03:21:51):

Yep.

Chad Summerfield (03:21:55):

Oh yes. Yeah. Item 29, I did not perform any analysis on that sample.

State Attorney Nathan Vonderheide (03:21:59):

Okay. Would that be because there was no blood indicated?

Chad Summerfield (03:22:01):

Yeah, that's correct. And there was also another item that was processed in this report.

State Attorney Nathan Vonderheide (03:22:06):

Okay. Yeah. Tell me about that.

Chad Summerfield (03:22:10):

Actually, there was two more items that was processed in this report.

State Attorney Nathan Vonderheide (03:22:13):

Okay. Well, tell us about that.

Chad Summerfield (03:22:14):

There was a swab, the swab from the men's bathroom floor, which is Photo Marker Number 8, that did not result in a DNA profile.

State Attorney Nathan Vonderheide (03:22:22):

No DNA profile.

Chad Summerfield (03:22:23):

There was no DNA results obtained.

State Attorney Nathan Vonderheide (03:22:24):

Okay. Tell me about other ones.

Chad Summerfield (03:22:26):

And the other item was the swabs from the latent Photo Area Number 2, that did not result in a DNA profile.

State Attorney Nathan Vonderheide (03:23:08):

Okay.

(03:23:08)
All right. I'm going to show you first State's 91, which is your Item 32. What is that?

Chad Summerfield (03:23:18):

One second. These were swabs from EMS ballistic vest.

State Attorney Nathan Vonderheide (03:23:32):

Okay. And then Item 33, which is State's Exhibit 92, that's already in evidence.

Chad Summerfield (03:23:42):

These were swabs from the black ballistic vest.

State Attorney Nathan Vonderheide (03:23:48):

Okay. Did you perform serological testing on those swabs?

Chad Summerfield (03:23:51):

Yes, I performed serological testing on these two swabs.

State Attorney Nathan Vonderheide (03:23:55):

And what test did you use in the lab?

Chad Summerfield (03:23:57):

I used the phenolphthalein test, which is a presumptive serological test for indication of blood.

State Attorney Nathan Vonderheide (03:24:04):

All right. So let's talk about Item 32. Was there blood on the EMS ballistic vest?

Chad Summerfield (03:24:10):

Blood was not indicated on that vest.

State Attorney Nathan Vonderheide (03:24:12):

All right. What about Item 33, the black ballistic vest?

Chad Summerfield (03:24:16):

Blood was indicated on that vest.

State Attorney Nathan Vonderheide (03:24:18):

Okay. So did you take 32 to the next stage of the DNA analysis since there was no blood on it?

Chad Summerfield (03:24:26):

32, no, I did not take past the serological testing. I did not take it for the DNA testing.

State Attorney Nathan Vonderheide (03:24:33):

Okay. Tell me about 33, Item Number 33, the black ballistic vest.

Chad Summerfield (03:24:56):

What request are you referring to?

State Attorney Nathan Vonderheide (03:24:58):

It's Report Number 9, Request Number 9.

Chad Summerfield (03:25:09):

Okay. Okay. I got it here.

State Attorney Nathan Vonderheide (03:25:10):

Okay. All right. Item 33, positive for blood. What was the results for a DNA comparison?

Chad Summerfield (03:25:17):

So when I tested this, I indicated the presence of blood. It resulted in a male DNA profile.

State Attorney Nathan Vonderheide (03:25:23):

Okay. And what were you able to determine?

Chad Summerfield (03:25:26):

When I made comparisons, Michael Montgomery was excluded as a possible contributor to these DNA results obtained. I then did a comparison to the DNA profile developed from the toothbrush that was represented to be from Steven Cozzi.

State Attorney Nathan Vonderheide (03:25:40):

Okay.

Chad Summerfield (03:25:42):

The DNA profile is approximately 100 septillion times more likely if it originated from the toothbrush represented to be from Steven Cozzi than if it originated from an unknown unrelated contributor.

State Attorney Nathan Vonderheide (03:25:52):

What's the verbal scale on that?

Chad Summerfield (03:25:54):

It provides very strong support for the proposition that the toothbrush represented to be from Steven Cozzi is a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:26:02):

All right. So that's the highest scale and it's blood on a ballistics vest, that's Steven Cozzi's DNA profile.

Chad Summerfield (03:26:10):

Yeah, it indicated the presence of blood. And in addition to that, the statistical results provide very strong support for the proposition that the toothbrush represented to be from Steven Cozzi was a contributor to those DNA results.

State Attorney Nathan Vonderheide (03:26:23):

I'm going to show you State's 90, which is your Item 36. What is that?

Chad Summerfield (03:26:47):

This was swabs from the men's bathroom northeast corner.

State Attorney Nathan Vonderheide (03:26:53):

Okay.

Chad Summerfield (03:26:53):

Before we go on, I never gave the results for a comparison to Tomasz Kosowski on the sample. So when I did a comparison to Tomasz Kosowski, he was excluded as a possible contributor to these DNA results.

State Attorney Nathan Vonderheide (03:27:06):

Okay. Item 10, you received a 35 and a 36. You did not perform serological testing on Item 35, men's bathroom north wall. Why was that?

Chad Summerfield (03:27:21):

When I looked at the sample, it was very limited staining, so I wanted to preserve the sample and not waste some of the sample for serological testing.

State Attorney Nathan Vonderheide (03:27:30):

Okay.

Chad Summerfield (03:27:30):

And so I took that straightforward to DNA analysis.

State Attorney Nathan Vonderheide (03:27:33):

Okay. All right. Now let's talk about Item 36, men's bathroom northeast corner. What did you find there?

Chad Summerfield (03:27:39):

That sample, when I tested it, blood was indicated.

State Attorney Nathan Vonderheide (03:27:43):

Okay. Let's talk about Item 35, men's bathroom north wall. What did you find there?

Chad Summerfield (03:27:55):

So on the swabs from the men's bathroom north wall, this resulted in a male profile.

State Attorney Nathan Vonderheide (03:27:59):

Okay.

Chad Summerfield (03:28:00):

In comparison to the buccal swabs of Michael Montgomery, he was excluded as a possible contributor to these results. Comparison to the toothbrush represented to be from Steven Cozzi. The DNA profile is approximately 47 billion times more likely if originated from the toothbrush represented to be from Steven Cozzi than unknown unrelated contributor.

State Attorney Nathan Vonderheide (03:28:22):

And what is the verbal scale for that one?

Chad Summerfield (03:28:25):

This provides very strong support for the proposition that the toothbrush represented to be from Steven Cozzi is a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:28:33):

Okay. Now let's talk about Item 36, which is the men's bathroom northeast corner.

Chad Summerfield (03:28:54):

I did a comparison to Tomasz on Item 35 too.

State Attorney Nathan Vonderheide (03:28:54):

Oh, you did? Okay. What did you find there?

Chad Summerfield (03:28:54):

On that sample, when I did comparison, he was excluded as a possible contributor to the DNA profile.

State Attorney Nathan Vonderheide (03:28:55):

Okay. Let's talk about Item 36, men's bathroom northeast corner. Were you able to develop a profile on that?

Chad Summerfield (03:28:59):

Yes, I did.

State Attorney Nathan Vonderheide (03:29:00):

What did you develop?

Chad Summerfield (03:29:02):

It resulted in a male profile and comparison to Michael Montgomery, he was excluded as a possible contributor. Comparison to the toothbrush represented to be from Steven Cozzi. The DNA profile is approximately 44,000 times more likely if it originated from the toothbrush represented to be from Steven Cozzi than if it originated from an unknown unrelated contributor.

State Attorney Nathan Vonderheide (03:29:25):

Okay. What's the verbal scale for that?

Chad Summerfield (03:29:28):

This provides very strong support for the proposition that the toothbrush represented to be from Steven Cozzi is a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:29:36):

All right. And then what about the buccal swab of Tomasz Kosowski?

Chad Summerfield (03:29:40):

When making comparison, Tomasz Kosowski was excluded as a possible contributor to the DNA profile.

State Attorney Nathan Vonderheide (03:29:46):

Now, if there was blood results and they were diluted by cleaning products, would you expect the results to be, I guess, result in a lower number or a lower verbal scale?

Chad Summerfield (03:29:59):

Yes, you could expect that, yes.

State Attorney Nathan Vonderheide (03:30:02):

Okay. Let's talk about your next request, which is number 12. Did you receive a gun that did not resolve in any kind of DNA profile?

Chad Summerfield (03:30:21):

A Request 12, a gun?

State Attorney Nathan Vonderheide (03:30:23):

It was Request Number 12.

Chad Summerfield (03:30:30):

Yes, actually it wasn't the gun itself. It was the sites of the gun.

State Attorney Nathan Vonderheide (03:30:35):

Okay.

Chad Summerfield (03:30:35):

So when looking at the sites of the gun, that did not result in a DNA profile.

State Attorney Nathan Vonderheide (03:30:40):

Okay. Now let's move to Item 13, interior trunk lid. We talked about that earlier with a mixture proportion of 67% and 33%.

Chad Summerfield (03:30:50):

Yes.

State Attorney Nathan Vonderheide (03:30:51):

Why is there another... Why are you looking at it again in October 17th of 2024?

Chad Summerfield (03:30:57):

Yeah, it was after reviewing our laboratory policies and ensuring compliance with what the FBI recommended for reporting out likelihood ratios, I redid the sample to be in compliance with the FBI's requirements for reporting out likelihood ratios.

State Attorney Nathan Vonderheide (03:31:12):

Okay. So tell us about that. What did you find on this analysis of the interior trunk lid Item 13?

Chad Summerfield (03:31:22):

So still again, Michael Montgomery was excluded as possible contributor to the DNA results, and the mixture of DNA is 11 times more likely if it originated from the toothbrush represented to be from Steven Cozzi and unknown unrelated contributor. And the statistical result provides a limited support for the proposition. So the differences in the two reports was the reporting of inconclusive versus now the verbal scale reporting as limited support for.

State Attorney Nathan Vonderheide (03:31:51):

Okay. And were you able to make a determination as it relates to the mixture?

Chad Summerfield (03:31:57):

Yes. The mixture of DNA is approximately 430 times more likely if it originated from the buccal swabs from Tomasz Kosowski and unknown unrelated contributor. And this provides moderate support for the proposition that Tomasz Kosowski is a contributor to the DNA results. Now that I've looked at them both individually, I want to look at it and see if they're both, how they fit in the mixture together.

State Attorney Nathan Vonderheide (03:32:24):

Okay.

Chad Summerfield (03:32:25):

So with that, the mixture of DNA is approximately 1.2 million times more likely if it originated from the toothbrush represented to be from Steven Cozzi and Tomasz Kosowski than if it originated from two unknown unrelated contributors. So this provides strong support for the proposition that both the donor toothbrush, which was represented to be from Steven Cozzi and Tomasz Kosowski are both contributors to the DNA results.

State Attorney Nathan Vonderheide (03:32:48):

Okay. And what is the verbal scale for that? It's very strong support.

Chad Summerfield (03:32:54):

Yes, correct. Very strong support.

State Attorney Nathan Vonderheide (03:32:55):

Is that the highest scale?

Chad Summerfield (03:32:57):

Yes, that's the high scale.

State Attorney Nathan Vonderheide (03:32:58):

And so the reporting requirements are the reason that you were able to go back and take another look at this?

Chad Summerfield (03:33:03):

Yeah. So yeah, after looking at the recommendations of the FBI and I went back and made a decision to go back and look at the sample.

State Attorney Nathan Vonderheide (03:33:11):

Okay. Let's talk about Item 14, the interior trunk back wall. Were you able to use those standards to do an analysis again of Item 14?

Chad Summerfield (03:33:21):

Yes. The same results stand. This result in a mixture. It was interpreted as originating from two contributors. Michael Montgomery is excluded. The mixture of DNA is approximately 27 times more likely if originated from the toothbrush represented to be from Steven Cozzi and unknown unrelated contributor, and that provides very strong support for the proposition that the toothbrush represented from Steven Cozzi is a contributor. The mixture of DNA is approximately 42 times more likely if it originated from-

Court Reporter (03:33:55):

I'm sorry. [inaudible 03:33:56].

Chad Summerfield (03:33:55):

... Tomasz Kosowski-

State Attorney Nathan Vonderheide (03:33:56):

42. Just for the Madam Court Reporter, just a little slower.

Chad Summerfield (03:34:01):

Okay. Sorry.

State Attorney Nathan Vonderheide (03:34:01):

Okay. You go.

Chad Summerfield (03:34:04):

Okay. Let me make sure. So the mixture of DNA is approximately 42 times more likely if it originated from the buccal swabs from Tomasz Kosowski and an unknown unrelated contributor. So this now provides limited support where in the past this was inconclusive in meeting what the FBI's requirements or recommendations for reporting out likelihood ratios are. So now that I have those two individually, I want to see how they look together. And by doing that, the mixture of DNA is approximately 38 octillion times more likely if it originated from the toothbrush represented to be from Steven Cozzi and the buccal swabs of Tomasz Kosowski, they have originated from two unknown unrelated contributors. And this provides very strong support that both the donor toothbrush, which was represented to be from Steven Cozzi and Tomasz Kosowski are both contributors to these DNA results.

State Attorney Nathan Vonderheide (03:35:02):

Okay. Highest verbal scale?

Chad Summerfield (03:35:05):

Yes. Highest verbal scale.

State Attorney Nathan Vonderheide (03:35:06):

Item 14, interior trunk back wall contributors. Okay. Let's talk about Item 27A. Were you able to go back and do an analysis on 27, which was the paper towel?

Chad Summerfield (03:35:19):

Yes, I did.

State Attorney Nathan Vonderheide (03:35:20):

All right. Tell us what you found here.

Chad Summerfield (03:35:23):

Conclusions were the same as the original report. Only difference was the difference of the inconclusive versus now reporting to meet the requirements of the FBI. The [inaudible 03:35:36] analysis resulted in a mixture and it was interpreted as originating from two contributors, at least one male. The mixture of DNA is approximately 200 times more likely if it originated from two unknown unrelated contributors than if it originated from Michael Montgomery and unknown unrelated contributor. So this again provides moderate support that Michael Montgomery is not a contributor.

State Attorney Nathan Vonderheide (03:35:56):

Okay.

Chad Summerfield (03:35:58):

The mixture of DNA is approximately 140 septillion times more likely if it originated from the toothbrush represented to be from Steven Cozzi and an unknown unrelated contributor originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (03:36:09):

Okay.

Chad Summerfield (03:36:11):

This provides very strong support for the proposition that the toothbrush represented to be from Steven Cozzi is a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:36:22):

All right. Let's talk about the rest of the mixture with Dr. Tomasz Kosowski.

Chad Summerfield (03:36:27):

Yeah. So in relation to Tomasz Kosowski, the mixture of DNA is approximately 2.4 times more likely if originated from Tomasz Kosowski and an unknown unrelated contributor. So I looked at the mixture with each of the individuals separately, the donor toothbrush, Steven Cozzi and Tomasz Kosowski. Now I look at the mixture with both of them together, what's the stats with that? So the mixture of DNA is approximately 1.8 octillion times more likely if originated from the toothbrush represented to be from Steven Cozzi and the buccal swabs from Tomasz Kosowski than if it originated from two unknown unrelated contributors. And this provides very strong support for the proposition that the toothbrush represented to be from Steven Cozzi and Tomasz Kosowski are both contributors to this DNA mixture.

State Attorney Nathan Vonderheide (03:37:22):

So they're both contributors on the highest scale, the DNA results obtained on this-

Chad Summerfield (03:37:29):

They were included individually and then included together.

State Attorney Nathan Vonderheide (03:37:34):

Okay. Included together and individually on the-

Chad Summerfield (03:37:36):

That's correct.

State Attorney Nathan Vonderheide (03:37:37):

... stain on the paper towel. Let's talk about the area of voiding stain. Were you able to make any further findings as it relates to that?

Chad Summerfield (03:37:46):

So for this item, the area of void staining from the paper towel, this resulted in a mixture. It's interpreted as originating from three contributors. When I made a comparison to Michael Montgomery, he was excluded as a contributor. Comparison to the toothbrush represented to be from Steven Cozzi, the mixture of DNA is approximately 4.2 times more likely if it originated from the toothbrush, represented to be from Steven Cozzi and two unknown unrelated contributors if it originated from three unknown unrelated contributors. The difference in the first report is this is just a change in the verbal scale. This is changed from where it was inconclusive to now meet the requirements. It provides limited support for the proposition that the toothbrush represented to be from Steven Cozzi is a contributor.

State Attorney Nathan Vonderheide (03:38:36):

Okay. What about Dr. Tomasz Kosowski's buccal swab?

Chad Summerfield (03:38:39):

When I compared him, he was excluded as a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:38:48):

Did you get swabs from a gun trigger?

Chad Summerfield (03:38:51):

I did get swabs from a gun trigger.

State Attorney Nathan Vonderheide (03:38:55):

What was the results of that?

Chad Summerfield (03:38:57):

When I did the analysis of that sample, it resulted in a DNA mixture. This was interpreted as originating from two contributors and at least one male contributor. I did a comparison to Michael Montgomery. He was excluded as a possible contributor to his DNA results. The toothbrush represented to be from Steven Cozzi. Make a comparison to that, he was excluded. When I made a comparison to the buccal swabs of Tomasz Kosowski, the mixture DNA is approximately 12 times more likely if originated from Tomasz Kosowski, an unknown unrelated contributor, they have originated from two unknown unrelated contributors.

State Attorney Nathan Vonderheide (03:39:37):

Okay.

Chad Summerfield (03:39:38):

And it's provided limited support for the proposition that Tomasz Kosowski is a contributor to these DNA results.

State Attorney Nathan Vonderheide (03:39:45):

Did you also perform an analysis on a mop?

Chad Summerfield (03:39:51):

I did.

State Attorney Nathan Vonderheide (03:39:53):

Request Number 13.

Chad Summerfield (03:39:57):

I still have one sample that I made a comparison. I did analysis on this request here too, for the next request.

State Attorney Nathan Vonderheide (03:40:08):

Did you find anything on the mop?

Chad Summerfield (03:40:10):

On the mop? No. No.

State Attorney Nathan Vonderheide (03:40:13):

Okay. Phenolphthalein was, there's no blood indicator.

Chad Summerfield (03:40:15):

Yeah. On the mop there was a phenolphthalein negative, so that's not taken forward.

State Attorney Nathan Vonderheide (03:40:22):

May I have a moment, Your Honor?

Judge (03:40:22):

You may.

State Attorney Nathan Vonderheide (03:40:41):

If I may retrieve the evidence, Your Honor.

Judge (03:40:42):

You may.

State Attorney Nathan Vonderheide (03:40:44):

And I'll have no further questions. I'll be ready to pass the witness once I move all the stuff. Just one more question. Sometimes when they test the phenolphthalein on the scene, the forensic specialists, is the sample consumed too much to continue on with phenolphthalein in your lab?

Chad Summerfield (03:41:30):

I can't speak for how they test it.

State Attorney Nathan Vonderheide (03:41:32):

Sure.

Chad Summerfield (03:41:32):

But anytime you test something, it's going to potentially lessen the chances of getting additional results. So I'm not sure how much of a sample they would've taken.

State Attorney Nathan Vonderheide (03:41:44):

Okay. But if you receive a sample in your lab and you make the assessment that there's not enough for an analysis to do phenolphthalein as well, you will skip that step and go straight to DNA analysis?

Chad Summerfield (03:41:55):

Yes. Yes. Typically, yes.

State Attorney Nathan Vonderheide (03:41:56):

Okay. I will pass the witness, Your Honor.

Judge (03:41:58):

Any cross examination?

Speaker 7 (03:41:58):

Yes. A lot.

Judge (03:41:58):

A lot?

Speaker 7 (03:41:58):

A lot.

Judge (03:42:06):

All right. So why don't we take an hour for lunch and then we'll come back for a lot of cross-examination. All right.

Speaker 8 (03:42:09):

All rise.

Judge (04:43:33):

Any issues before we start the cross-examination?

Speaker 9 (04:43:38):

No, your Honor.

Dr. Tomasz Roman Kosowski (04:43:38):

Yes, Your Honor. I'd like to order a transcript for witness Kevin Corrigan's testimony today. Would that be possible?

Judge (04:43:50):

You want a transcript?

Dr. Tomasz Roman Kosowski (04:43:52):

Yes, of his testimony.

Judge (04:43:53):

Yeah. Well, no. I mean, here's how things work. I mean, obviously we have a court reporter here and that's not something that can instantaneously be done. So I think that's something that the chief judge would have to approve anyway because you have to pay for it. So our court reporter's here, right. All right. So if you transcribe something, obviously it wasn't you, it was somebody else this morning. How long does that take?

Madam Court Reporter (04:44:24):

Depends on how long the witness takes.

Judge (04:44:31):

All right. I mean, how long do we think that Corrigan wants?

Speaker 9 (04:44:31):

Probably 40 minutes, we'll say.

Judge (04:44:32):

All right.

Madam Court Reporter (04:44:32):

It's something that [inaudible 04:44:40].

Judge (04:44:45):

Okay. All right. So why do you need that?

Dr. Tomasz Roman Kosowski (04:44:48):

There was something that struck me as important is what he said. Your Honor, I don't expect it right away. I mean, obviously we can't do this now, but I mean, if we could just get the process going at the end of the day, maybe.

Judge (04:45:10):

All right. So anything from the state on that?

Speaker 9 (04:45:14):

No, Your Honor. [inaudible 04:45:16] the depo and anything else is not admissible in court.

Judge (04:45:20):

All right. Well-

Speaker 9 (04:45:20):

Yeah.

Judge (04:45:21):

... I guess he just wants to make sure that he heard something correctly.

Speaker 9 (04:45:27):

Okay.

Judge (04:45:27):

All right. So can we get Robin to order that, Madam Court Reporter?

Madam Court Reporter (04:45:35):

Yes, sir. I'm sending her a message right now.

Judge (04:45:36):

Okay. Okay. Just let me know when you're ready.

Madam Court Reporter (04:45:49):

Yes, sir. Who is the witness, Judge?

Judge (04:45:52):

Mr. Corrigan.

Madam Court Reporter (04:46:08):

Okay. I sent a message.

Judge (04:46:10):

Okay. All right. Anything else?

Dr. Tomasz Roman Kosowski (04:46:14):

No, Your Honor.

Judge (04:46:15):

Okay. You may inquire in regard to your cross-examination.

Dr. Tomasz Roman Kosowski (04:46:24):

Good afternoon, Mr. Summerfield.

Chad Summerfield (04:46:25):

Good afternoon.

Dr. Tomasz Roman Kosowski (04:46:28):

I'd like to ask you just a couple of questions for clarification's sake.

Chad Summerfield (04:46:33):

Sure, absolutely.

Dr. Tomasz Roman Kosowski (04:46:36):

But I'd first like to ask you, previously you said in your deposition to this case, as well as I think you also might have testified that kind of to sum up the results, there was none of my DNA actually found in the bathroom at 1501-B Belcher. Is that correct?

Chad Summerfield (04:47:07):

I'm not sure which samples were from the bathroom. Sorry for the pause. It's just going to take a lot of material to go through to make sure I give you the correct answer. So-

Dr. Tomasz Roman Kosowski (04:47:57):

Of course, of course.

Chad Summerfield (04:47:57):

... just be patient. That's not correct.

Dr. Tomasz Roman Kosowski (04:48:17):

Where is the contradiction?

Chad Summerfield (04:48:20):

Item 26 on my request number seven, which is the swabs from the men's bathroom exterior door. That provided very strong support for the proposition that Tomasz Kosowski is a contributor to the DNA results.

Dr. Tomasz Roman Kosowski (04:48:36):

Of course. On the exterior door, there was some DNA of mine found, correct?

Chad Summerfield (04:48:41):

That was represented to be from the exterior door, yes.

Dr. Tomasz Roman Kosowski (04:48:43):

Yes. My question was whether my DNA was found inside the bathroom.

Chad Summerfield (04:49:24):

Item 28C03 on my report, which is a request number seven, that indicates that on the area avoiding the staining ... Make sure I'm telling you right. No, that's not correct on that one. Take that back. Sorry, there's just a lot of samples here, so ... At a cursory glance, I'm not seeing anything, but that's my just cursory glance. I would really want to take time to go through and make sure.

Dr. Tomasz Roman Kosowski (04:50:32):

I understand. Just to confirm, I do remember your testimony at your deposition and you did say that none of my DNA was found in that bathroom at that time.

Chad Summerfield (04:50:40):

I ... Sure.

Dr. Tomasz Roman Kosowski (04:50:43):

Sure. Let's move on. Specifically, I wanted to ask for some clarification. If you could explain to me with regards to request number 12. Okay. Let me know when you have that ready.

Chad Summerfield (04:51:02):

Yeah. Thank you for referring to the request. That makes it much easier to find. Okay. Request 12?

Dr. Tomasz Roman Kosowski (04:51:08):

Yes. So it appears that there was a re-interpretation of old results based on three items.

Chad Summerfield (04:51:19):

It wasn't a reinterpretation. It was a change in the verbal scale.

Dr. Tomasz Roman Kosowski (04:51:27):

Change in the verbal scale?

Chad Summerfield (04:51:28):

Yes.

Dr. Tomasz Roman Kosowski (04:51:29):

Can you explain that a little bit?

Chad Summerfield (04:51:30):

Yeah. So originally when we did the validations, okay, one of the things we've seen in our validations with low likelihood ratios, we've seen some false inclusions. So at the time it was my decision that we report the verbal scale as those results were inconclusive. Since then, the FBI came out with recommendations regarding the reporting out of likelihood ratios. In regards to the reporting out likely ratios, they said that, "You should not report out inconclusive, that you should report out the ratio." In their verbal scale in that recommendation, they stated that, "You should call that when it's in that range, a limited result. That still could mean that there's possibility of false inclusions, but you should pull it out as limited support for."

Dr. Tomasz Roman Kosowski (04:52:26):

Can you explain what a false inclusion is?

Chad Summerfield (04:52:28):

That means that people that were not true donors could be included.

Dr. Tomasz Roman Kosowski (04:52:36):

Okay. So a likelihood ratio comes in as very, very low?

Chad Summerfield (04:52:42):

Yes, correct.

Dr. Tomasz Roman Kosowski (04:52:43):

All right. And in most circumstances, we would say the results are either not significant or they're inconclusive for a very low likelihood ratio, correct?

Chad Summerfield (04:52:53):

Well, we would not, according to the way the FBI, we can't say they're not significant. We have to report out a likelihood ratio greater than one.

Dr. Tomasz Roman Kosowski (04:52:59):

Okay. And that was the change, correct?

Chad Summerfield (04:53:00):

That was the change, yes.

Dr. Tomasz Roman Kosowski (04:53:01):

So we can no longer say they're no longer significant. We have to give the actual hard data.

Chad Summerfield (04:53:08):

Hard data, yes.

Dr. Tomasz Roman Kosowski (04:53:09):

Got it. Okay.

Chad Summerfield (04:53:10):

That was the change.

Dr. Tomasz Roman Kosowski (04:53:11):

Okay. So do you mind if we take a little bit closer look at, this would be page four of seven on request 12.

Chad Summerfield (04:53:25):

Yes.

Dr. Tomasz Roman Kosowski (04:53:25):

And this is item 27A.

Chad Summerfield (04:53:27):

Yes.

Dr. Tomasz Roman Kosowski (04:53:28):

Which was photo marker five, which was that piece of tissue paper.

Chad Summerfield (04:53:34):

I would have no knowledge that it was photo marker five.

Dr. Tomasz Roman Kosowski (04:53:38):

That's okay. That's okay.

Chad Summerfield (04:53:39):

I only have knowledge that it was a stain from a paper towel.

Dr. Tomasz Roman Kosowski (04:53:43):

A paper towel with a stain on it, right.

Chad Summerfield (04:53:44):

I wouldn't know what photo marker it would be.

Dr. Tomasz Roman Kosowski (04:53:47):

Okay. So I was kind of comparing request 12 with the original basically that came out a year and a half earlier, the interpretation. And it looks like everything is the same.

Chad Summerfield (04:53:58):

There's a third conclusion.

Dr. Tomasz Roman Kosowski (04:53:59):

I'm sorry.

Chad Summerfield (04:54:00):

The only things that's a difference, so you can tell me if I'm wrong. What you're seeing is everything's the same with the difference of the limited results where it says inclusive now says limited results. In addition to that, since we now have the ability, we can actually combine both results, you see a third conclusion there.

Dr. Tomasz Roman Kosowski (04:54:18):

You're absolutely right. So let's tease that out a little bit more. Okay?

Chad Summerfield (04:54:20):

Sure.

Dr. Tomasz Roman Kosowski (04:54:23):

So what I'm seeing is that, "The mixture of DNA is ..." What I'm reading from this report, "The mixture of DNA is 2.4 times more likely if it originated from," my "buccal swab as opposed to an unknown contributor of two unknown males."

Chad Summerfield (04:54:37):

That's correct.

Dr. Tomasz Roman Kosowski (04:54:38):

All right. And that's a very low likelihood ratio, correct?

Chad Summerfield (04:54:42):

Yeah, it's a low likelihood ratio. Anything above one is supporting shows support for your DNA being included in that-

Dr. Tomasz Roman Kosowski (04:54:55):

Right.

Chad Summerfield (04:54:55):

... but that's very low. It's not that far above one.

Dr. Tomasz Roman Kosowski (04:54:59):

Understood. And that's what the next line is for, right. It tells you that the statistical result provides limited support.

Chad Summerfield (04:55:04):

Yes. And that's in the past when I would state that it was inconclusive because there was some false positives that was seen in our validation in that region.

Dr. Tomasz Roman Kosowski (04:55:11):

So basically if you got this resort, this wouldn't hold up in court as saying his DNA is on that paper.

Speaker 9 (04:55:25):

[inaudible 04:55:21] and here we are.

Judge (04:55:25):

All right. I'll overrule the objection. You can answer it as best you can.

Chad Summerfield (04:55:26):

Well, it's not my job whether it holds up in court or not. My job is to give you scientific evidence and to give you a statistical result of what that means. So just because something's a low stat doesn't mean it's not a correct stat.

Dr. Tomasz Roman Kosowski (04:55:39):

Correct.

Chad Summerfield (04:55:39):

So I'm not saying this is ... Like, it's just a lower statistical result. So that's what it is. And I'm giving a verbal qualifier to say this just provides limited support.

Dr. Tomasz Roman Kosowski (04:55:54):

So if I really pressed you, all right, if I had to say, "Is this person's DNA on that towel?"

Chad Summerfield (04:56:02):

I would come back with what my statement said, and when I state that this provides limited support for the proposition that your DNA is on this towel.

Dr. Tomasz Roman Kosowski (04:56:08):

Okay. So these results that you're reading off, these are not your own interpretations. These are what "a program that was guided by the FBI," you said, recommended using this language?

Chad Summerfield (04:56:25):

I'll tell you about the people that develop these standards. The people developing standards are from a group called the Scientific Working Group for DNA Analysis and Meth ... Sorry. The people that make these standards are from a group of people called SWGDAM, which stands for Scientific Working Group for DNA Analysis and Methods. They're made up of group of people that are leading experts in our field and they go together to make recommendations to the forensic community. So there are people like myself that go together and make recommendations. Those are the people that made the recommendations regarding how to report out likelihood ratios. So for consistency, the idea of these-

Chad Summerfield (04:57:01):

For consistency, the idea of these documentations is so if I report out something and another jurisdiction, we report out something, we are reporting them out the same way.

Dr. Tomasz Roman Kosowski (04:57:13):

I see.

Chad Summerfield (04:57:14):

Yes.

Dr. Tomasz Roman Kosowski (04:57:14):

So a standardized form of [inaudible 04:57:15]

Chad Summerfield (04:57:15):

So it's a standardized format that you don't have one lab reporting out and it means something and another lab reporting out and it means something else.

Dr. Tomasz Roman Kosowski (04:57:24):

Okay. All right. How about this? It looks like in that sample, Steven Cozzi's result was quite significant. It was 140 septillion, right?

Chad Summerfield (04:57:36):

That's correct, yes.

Dr. Tomasz Roman Kosowski (04:57:37):

1.4 times 10 to the 26, all right?

Chad Summerfield (04:57:39):

Yes.

Dr. Tomasz Roman Kosowski (04:57:39):

So you have an astronomically high likelihood ratio on one side.

Chad Summerfield (04:57:43):

Yes, we do.

Dr. Tomasz Roman Kosowski (04:57:44):

All right? And then you have a likelihood ratio that's minuscule compared to that.

Chad Summerfield (04:57:50):

It's not my job to say it's minuscule. My job's just to report out the results to you.

Dr. Tomasz Roman Kosowski (04:57:55):

Okay.

Chad Summerfield (04:57:56):

And it's really the job of Your Honor to determine what that means.

Dr. Tomasz Roman Kosowski (04:57:59):

Okay.

Chad Summerfield (04:58:00):

My job is just to provide you with a statistical result.

Dr. Tomasz Roman Kosowski (04:58:03):

Sure. But I'm trying to walk you through the math here, okay?

Chad Summerfield (04:58:06):

Yes.

Dr. Tomasz Roman Kosowski (04:58:06):

All right. So we have something that's very small relative to something that's very, very big.

Chad Summerfield (04:58:12):

Right.

Dr. Tomasz Roman Kosowski (04:58:12):

Very, very big, okay? And just because the likelihood ratio is above one in that case, even though it's 2.4, it's above one, if you combine those two results, there's no possibility of that likelihood ratio actually going down the other way, correct?

Chad Summerfield (04:58:31):

Yes, there is.

Dr. Tomasz Roman Kosowski (04:58:32):

There is?

Chad Summerfield (04:58:32):

Yes, because one of the things. When you're looking at likelihood ratios, one of the reasons we do this. You should, when you're reporting likelihood ratios, should do this. I am looking the the evidence and is say person A is included, right? Now I'm saying person B is included. You really should look and see if person A and B can be included together, because if there is a low possibility and they were not included, the likelihood ratio would fall below one, and that does happen. So you can have a person that's included in both and a second person's included with a low LR, and when you combine them, they cannot be together.

Dr. Tomasz Roman Kosowski (04:59:15):

Okay.

Chad Summerfield (04:59:15):

So you can have separately, they're included but together, they don't. In this instance, when I did that, both the DNA fit the mixture where both yourself and the buccal swab represented to be for Steven Cozzi were... It fit, the mixture.

Dr. Tomasz Roman Kosowski (04:59:32):

Okay.

Chad Summerfield (04:59:32):

So if it didn't fit, then it would've favored that both parties could not be there together.

Dr. Tomasz Roman Kosowski (04:59:40):

Okay. And how do we know that? I guess is my question. It seems to me that if you have this very high likelihood ratio and you have this low likelihood ratio, you put them together, you're actually looking for where things are in common between the two, right?

Chad Summerfield (05:00:02):

Yes.

Dr. Tomasz Roman Kosowski (05:00:05):

Yes? Okay. So in my understanding of likelihood ratios is that the only direction it can go is up, because that's all that you're looking for, is basically the commonalities.

Chad Summerfield (05:00:13):

Well, no, because the likelihood ratio changes based upon the information that you give it. So the information that you gave the first time was that this, given the DNA evidence, the one person, you're looking at one person in that mixture. Given the evidence, you're looking at a second person. Those are two total different things. When you're looking at two people together, that's a total different combination than looking at people individually.

Dr. Tomasz Roman Kosowski (05:00:46):

Okay. So what can you conclude from the mixture of these on item 27?

Chad Summerfield (05:00:53):

What my verbal qualifier would be, which was that it provides strong support for the proposition that the toothbrush represented to be for Steven Cozzi and yourself are included in that mixture.

Dr. Tomasz Roman Kosowski (05:01:05):

Okay. So you would say that my DNA, without a shadow of a doubt, is on this paper towel?

Chad Summerfield (05:01:11):

I would not say that. I would say it provides very strong support for.

Dr. Tomasz Roman Kosowski (05:01:15):

Okay. Thank you very much. I appreciate your [inaudible 05:01:17]

Chad Summerfield (05:01:17):

Yeah, you're welcome.

Dr. Tomasz Roman Kosowski (05:01:21):

Those are all my questions. Thank you, sir.

Chad Summerfield (05:01:22):

Thank you for your time.

Judge Bulone (05:01:23):

All right, any redirect?

Ms. Pidari (05:01:24):

[inaudible 05:01:40]

Judge Bulone (05:01:41):

All right. Thank you, sir. You may step down.

Chad Summerfield (05:01:42):

Thank you, Your Honor.

Judge Bulone (05:01:44):

You too. State, please call your next witness.

Ms. Pidari (05:01:50):

Yes, Your Honor. The state calls Anna Cox.

Speaker 10 (05:01:50):

Can you step this way, please? Stand right next to me, please. Thanks, ma'am. [inaudible 05:03:16]

Ms. Pidari (05:03:18):

Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?

Anna Cox (05:03:18):

I do.

Speaker 10 (05:03:18):

Come on this way, ma'am. Make yourself comfortable, and adjust the mic, and speak loudly and clearly into the mic, please.

Anna Cox (05:03:18):

Thank you.

Speaker 10 (05:03:18):

Thank you.

Judge Bulone (05:03:18):

Good afternoon, ma'am.

Anna Cox (05:03:18):

Good afternoon, thank you.

Judge Bulone (05:03:18):

[inaudible 05:03:40]

Ms. Pidari (05:03:40):

Thank You, Your Honor. Do you need a moment to get set up?

Anna Cox (05:03:42):

If you don't mind.

Ms. Pidari (05:03:43):

I don't mind.

Anna Cox (05:03:43):

Okay. Thank you.

Ms. Pidari (05:03:45):

You just tell me when you're ready.

Anna Cox (05:03:50):

Okay.

Ms. Pidari (05:03:50):

Ready?

Anna Cox (05:03:51):

Yes.

Ms. Pidari (05:03:51):

All right. Will you please introduce yourself and spell your full name for the record?

Anna Cox (05:03:55):

My name is Anna Cox. Anna is with two Ns and Cox is C-O-X.

Ms. Pidari (05:04:00):

Okay. And Ms. Cox, what do you do for a living?

Anna Cox (05:04:02):

I own my own private forensic consulting business.

Ms. Pidari (05:04:06):

And what type of business is that?

Anna Cox (05:04:08):

I specialize in bloodstain pattern analysis, chemical enhancement of blood and latent prints, proper homicide processing techniques, and I also conduct a variety of training for professionals that work in the field of forensics and law enforcement.

Ms. Pidari (05:04:26):

Okay. And how long have you had that business?

Anna Cox (05:04:29):

I opened my business in June of 2013.

Ms. Pidari (05:04:34):

And what's the name of your business?

Anna Cox (05:04:36):

Cox Forensic Consulting and Training.

Ms. Pidari (05:04:38):

Okay. Prior to owning your own business, what did you do?

Anna Cox (05:04:42):

I began my forensic career as a volunteer autopsy technician for the Hillsborough County Medical Examiner's Office, where I assisted the pathologists with the posts and preparation for autopsies. And I did that from January until July of 2000. I was then hired by the Pinellas County Sheriff's Office, forensic science section, as a forensic science specialist in July of 2000, where I worked until I left to open my own business.

Ms. Pidari (05:05:16):

Okay. So how long did you work for the sheriff's office in total?

Anna Cox (05:05:20):

I was, I believe, about three weeks shy of 13 years.

Ms. Pidari (05:05:23):

Okay. And while working at the sheriff's office, did you eventually become qualified to work in bloodstain pattern analysis?

Anna Cox (05:05:31):

Yes. After I had completed my traditional field training program to complete the duties of a traditional forensic science specialist, which is a fancy term for a crime scene investigator, I was then approached by my section manager at the time, who had inquired as to whether I would be interested in pursuing possibly bloodstain pattern analysis as a specialty within the unit.

Ms. Pidari (05:05:59):

Okay. So are all forensic science specialists qualified to do that?

Anna Cox (05:06:03):

No.

Ms. Pidari (05:06:03):

Are there certain educational requirements that you must have in order to be able to work in that capacity?

Anna Cox (05:06:11):

At the time that I was going through my training at the sheriff's office, there was no written regulations by a governing board. That has subsequently changed in the past couple of years, where we do have a regulatory board that does now set standards for protocol of certain processes as well as educational requirements.

Ms. Pidari (05:06:33):

Okay. And can you tell us about the educational background you received that has allowed you to work in blood pattern analysis?

Anna Cox (05:06:41):

I received a bachelor of science degree in 1994, where I completed my coursework in the natural sciences, chemistry, biology, physics, their laboratory components, as well as calculus. I then transitioned into crime scene. I completed a certificate in crime scene technology from St. Petersburg College, it was a junior college at that time, where I completed 10 coursework in the forensic processing techniques, photography, safety, introduction to forensic science coursework that was very, very geared towards working in the field. I have a graduate certificate from the University of Florida in death investigation, where I completed a DNA serology course, forensic anthropology, as well as Forensic Medicine I and Forensic Medicine II. I have a master's degree of forensic science with a specialization in investigation from National University out of San Diego, California. What's different about that master's degree is it's field-based, because I work in the field. I don't work in a lab. So my certificate was based more from a laboratory perspective, and then I continued forth with the master's degree for the field work basis.

Ms. Pidari (05:08:07):

Okay. So in addition to that formal education, did you also receive professional education specific to forensics throughout your career?

Anna Cox (05:08:15):

Yes. So I began my bloodstain training in 2001, so a year after I became employed at the sheriff's office, and I have over 450 hours of a variety of forensics training, ranging from processing, to response, to photography, blood analysis, and at least 120 of those hours were dedicated to blood analysis.

Ms. Pidari (05:08:41):

Okay. Do you also teach?

Anna Cox (05:08:43):

I do.

Ms. Pidari (05:08:44):

Where have you taught?

Anna Cox (05:08:47):

I can teach in a variety of capacities. Right now, I teach for Tri-Tech Forensics Training, which is the recognized training partner for the International Association of Identification. I teach both a basic and advanced blood classes for Tri-Tech. I also teach for the Institute of Police Technology and Management, which is based out of Jacksonville, Florida on the University of North Florida campus. I teach a variety of classes there, including basic and advanced blood analysis. I also teach for the Florida Institute of Strategy, Research, and Tactics based out of Pasco County, Florida, where I also teach a variety of courses, including advanced invasive bloodstain pattern analysis. I am also frequently contacted by law enforcement agencies to do what they call closed courses, where they recognize a specialty that I may have and they may say, "Look, we need a good, strong eight hours of chemical enhancement. Do you think you can put together a course for us for our members so we can fine-tune a little bit of our techniques?" And I'm able to do that as well.

Ms. Pidari (05:09:58):

Okay. Now, is there or there specified requirements that govern who can conduct blood spatter analysis?

Anna Cox (05:10:08):

Yes. In the past few years, the National Institute of Standards and Technology has defined standards that we follow in accordance the American Academy of Forensic Science standards. There's committees known as the acronym OSAC, which is the Organization of Scientific Area Committees, where there are practitioners and academics who sit on the board and basically determine what particular standards, academic training requirements that should be the minimum requirements for somebody to present themselves as a bloodstain pattern analyst and subsequent expert.

Ms. Pidari (05:10:48):

Okay. And have you maintained compliance with all of those requirements?

Anna Cox (05:10:51):

I have.

Ms. Pidari (05:10:52):

Throughout your education that you just talked about, did you take coursework specifically in biology and in chemistry?

Anna Cox (05:10:59):

And in physics, yes.

Ms. Pidari (05:11:00):

And in physics. Why is that important for your job?

Anna Cox (05:11:05):

Bloodstain pattern analysis is entrenched in the natural sciences. We do embrace the fundamentals of and foundation of chemistry, biology, and physics. So having a basic foundation and understanding of those particular disciplines allows me to be more secure and more appropriate with my conclusions. The other thing is it afforded me is respect for the other disciplines of science. So if I need to reach out and get clarification from somebody, I know when I need to do that. So it provides me the opportunity to have a strong background and foundation for moving forward with an analysis of the blood.

Ms. Pidari (05:11:49):

Does that also help you educate the people you educate when you teach all of these courses?

Anna Cox (05:11:55):

Yes, and actually in the basic course that we teach, that I teach, that is where the actual physics component is introduced to the students. So obviously in order for a discipline to be scientifically founded, there has bo the reproducibility of laboratory experiments. There has to be maintaining of standards. So I've been teaching a basic class now since about 2014, and the labs have always turned out the same in basic.

Ms. Pidari (05:12:28):

Okay. You said you teach basic. Do you have any other courses that you teach?

Anna Cox (05:12:32):

I teach advanced bloodstain analysis, where we get into more of the responsibilities of understanding scene-specific variables, where we move out once you've gotten the foundation from the sciences, then we transition into coupling that with the actual casework and experience, and understanding that we don't have the luxury of working in a sterile, scientific laboratory. So having respect for scene-specific variables that you will without a doubt come into contact with in every scene you work. We start to focus on being respectful of that aspect of the analysis as well.

Ms. Pidari (05:13:21):

Okay. And I'm sorry if you just mentioned it. I didn't catch it. You did homicide processing techniques specifically. Do you teach courses to that effect as well?

Anna Cox (05:13:24):

I do. A lot of times, that's focused more towards the either first respond patrol or for detectives who may not need the in-depth specialization, but just need to have an understanding of some basic protocols to help us help you with the investigation. So this is how we maintain chain of custody. These are things that we can do. We have a very large toolbox of tools that we can implement at a scene, so help us help you by securing a scene for us so that we can do that in an appropriate manner.

Ms. Pidari (05:14:02):

So you just mentioned that, for example, the homicide processing techniques is geared more towards law enforcement, right?

Anna Cox (05:14:07):

Correct.

Ms. Pidari (05:14:07):

Who are some of your other students? Like, who are the other people that you teach?

Anna Cox (05:14:12):

Sometimes, we do have laboratory personnel, specifically from DNA labs. And that actually is refreshing, because sometimes when I request testing, I request testing of some very, very small stains that may not yield the quantifiable data that a serologist is used to acquiring when they're doing their testing. So having them participate in the basic class gives them also an idea of, "Okay, I understand why she's picking these small stains. It's not because she wants to be tedious. This is actually relevant to our analysis." And it also allows us to bridge a dynamic and a dialogue, because their responsibility is different than mine, and it's important to have a relationship where we have an understanding and a respect for the other disciplines that I rely on. I rely on serology. I rely on pathology. So it's important for me to have that relationship and dialogue.

Ms. Pidari (05:15:11):

Okay. And like you said earlier, not all forensic science specialists, such as at the sheriff's office, are necessarily qualified to do blood analysis. Do you also educate other crime scene investigators and forensic specialists?

Anna Cox (05:15:24):

I do.

Ms. Pidari (05:15:26):

Now, do you have any affiliations with any local associations?

Anna Cox (05:15:30):

I'm a member of the International Association of Identification and I'm a grant peer reviewer for the Department of Justice.

Ms. Pidari (05:15:37):

And are you also a member of any professional organizations?

Anna Cox (05:15:40):

The IAI, International Association of Identification.

Ms. Pidari (05:15:43):

Oh, I'm sorry. Okay. What is the benefit of being a member of those organizations?

Anna Cox (05:15:48):

I enjoy being a member of the IAI because they publish a journal, and that provides me the opportunity to remind myself to keep up with some of the scientific trends. I also had the opportunity to attend some of the educational conferences when... And that's really nice too, because you get to meet individuals from different disciplines, but also from various areas throughout the country. Because as I travel more with my business, I recognize that things vary very vastly, even from North Florida to South Florida. So it's a nice opportunity to hear maybe new trends and techniques that are being implemented in other areas, whether they be available here. So it's a good networking opportunity to keep up with some of the new trends.

Ms. Pidari (05:16:36):

Okay. Now, combining the experience that you received both at the sheriff's office and the work that you do now in your own consulting firm, how many times have you testified as a blood spatter analyst, or blood pattern analyst, excuse me.

Anna Cox (05:16:51):

Expert testimony rending opinions in bloodstain analysis has been 81 times in hearings and trial, and I've testified, I want to say over 70 times in depositions.

Ms. Pidari (05:17:04):

Okay. And has that all been in Florida, or other jurisdictions as well?

Anna Cox (05:17:07):

No, I've testified in Louisiana and Maryland, and federal court as well.

Ms. Pidari (05:17:13):

And where? Federal?

Anna Cox (05:17:13):

Mm-hmm.

Ms. Pidari (05:17:15):

Okay.

Anna Cox (05:17:15):

Correct.

Ms. Pidari (05:17:16):

Is your consulting firm an independent business?

Anna Cox (05:17:19):

It is.

Ms. Pidari (05:17:20):

So not affiliated with the sheriff's office, right?

Anna Cox (05:17:23):

Correct.

Ms. Pidari (05:17:23):

Or Largo PD?

Anna Cox (05:17:24):

Correct.

Ms. Pidari (05:17:25):

Or my office?

Anna Cox (05:17:26):

Correct.

Ms. Pidari (05:17:26):

Okay. And who typically hires you?

Anna Cox (05:17:31):

I receive inquiries from state attorneys, law enforcement agencies, public defenders, and private defense attorneys. Every now and then, I get a sprinkle of civil attorneys, but it's primarily for criminal proceedings.

Ms. Pidari (05:17:45):

So for the criminal proceedings, it's fair to say you have testified for both the state attorney as well as defense attorneys?

Anna Cox (05:17:52):

Correct.

Ms. Pidari (05:17:53):

Okay. And how much do you charge per hour?

Anna Cox (05:17:56):

It varies. It depends on the case.

Ms. Pidari (05:17:57):

Okay.

Anna Cox (05:17:58):

And it depends on if I'm hired through a public defender. In the State of Florida, there's a commission that sets the rates, so I obviously abide by those. Sometimes, law enforcement agencies, if it's a rush case or if I have to purchase chemicals for chemical processing, that could cause a variation in the fee that I charge as well.

Ms. Pidari (05:18:22):

Okay. So in this case, how much are you being paid per hour?

Anna Cox (05:18:26):

$75 an hour.

Ms. Pidari (05:18:28):

And were you hired by the State of Florida to conduct blood analysis in this case?

Anna Cox (05:18:32):

I was.

Ms. Pidari (05:18:33):

Okay. As part of your job, do you often go to the actual crime scenes?

Anna Cox (05:18:39):

If they're still available and the agency requests or a attorney requests that I respond, if I'm available, I will. I do have call-outs. I recently just responded to a scene a couple weeks ago. If I'm not afforded that opportunity, if I deem it necessary, I may try to visit the location at a later date, just to get a spatial feel, just to kind of look around, and see how things look in real life, in person. So I've done both.

Ms. Pidari (05:19:07):

Okay. So what's the purpose of going to the actual scene?

Anna Cox (05:19:11):

If I'm called out while the scene is still active, the benefit for the agency is that I do all of my own documentation. I'm responsible for identifying and maintaining the integrity of the blood while it's on the scene. I also can work with the agency and say, "Hey, can you please collect this swab for me?" I may request that it be tested depending on how the investigation proceeds. So that would be the benefit of responding if available. If not, I can work off the work of the agency members themselves. The benefit of going to a location, even after it's been released, even if it's several years later, would once again, just to get a spatial feel, just to have an understanding of the structure, to see if that's going to have any benefit to my analysis as well.

Ms. Pidari (05:20:03):

Okay. So in situations where you are unable to go to the crime scene initially, so it no longer is available and then you get involved, what sort of things do you look at when you get involved at a later date to help you with your analysis?

Anna Cox (05:20:18):

Well, I have a checklist of items that I like to receive, because there are certain things regarding investigations that I am not privy to, nor should I be, especially if I'm requested to focus solely on doing a blood analysis. So I actually have a checklist of items that I give out to whomever inquires about my services. And the list includes things such as body-worn cameras video, if those are available, documentation completed by law enforcement, whether that be through traditional photographs or if they've done any sketching. I request reports. I request first responder reports. Because sometimes, a first responder will put things in the reports that you may not necessarily see in a video, like in their body-worn camera.

(05:21:09)
So for example, you can't see the smell of bleach. So sometimes, law enforcement will put important facts of their response, and that does impact my analysis. I also request the technician reports to make sure that I am understanding and following their documentation appropriately. I request any scientific technical reports that are available, any medical reports if they're available, whether it be an autopsy report or a medical report. And there have been times where through that analysis, I may see something else I think, "Oh, maybe I ought to request to see this. It's coming up, and that might be essential in my analysis as well." So sometimes, once I do my initial analysis, I may request additional information on a later date.

Ms. Pidari (05:22:02):

Okay. What's, I guess, the split between, in all the cases you've worked, how often you actually go to the crime scene initially versus you getting involved at a later date and relying on reports, or maybe even going to the crime scene at a later date?

Anna Cox (05:22:16):

Well, when I worked at the sheriff's office, I would respond. And then when I opened my own private business, I would say I usually average anywhere between 17 to 25 cases a year. I would say I typically respond, and this is an approximate. This is an average. It's not set in stone for every year. I would say roughly about five times a year, I still respond out to locations while the scene is still active.

Ms. Pidari (05:22:44):

So how many crime scenes in total have you analyzed as a blood analyst?

Anna Cox (05:22:50):

Well, in perspective of cases where bloodstain analysis was my only responsibility, may I refer to my CV?

Ms. Pidari (05:23:01):

If that would help refresh your recollection, that's fine.

Anna Cox (05:23:09):

It's 278.

Ms. Pidari (05:23:10):

Okay. Now, you mentioned that when you get involved at a later date, you look at, or request at least, an array of different items, to include reports. While conducting your analysis, do you limit yourself in any way as in what you're reviewing prior to conducting your analysis?

Anna Cox (05:23:31):

Not only do I limit the information that I receive as part of the actual case file itself, I am very, very, some say obnoxious about not soliciting information regarding theories, case histories, things like that. So typically, if I request information, it's strictly based on the tangible, physical evidence. And there are even times where I'll get a call from somebody and they'll say, "Hey, I've got this case," and I'm like, "Super. I'm on my way." And I don't have any information. Or they'll call me and they'll say, "Hey, I've got this case. It's a gunshot." And I'm like, "Great, here's my checklist." So I would prefer to work strictly off the tangible evidence.

Ms. Pidari (05:24:17):

And why is that?

Anna Cox (05:24:19):

Because that's what I'm trying to do. That's my job, is to analyze the blood. My job is to analyze the physical evidence, the tangible evidence on scene. I choose to be respectful of the fact that the scene should tell me what I need to know. I don't need to solicit that theory, or assumption, or presumption from another individual. That's not my responsibility. My responsibility is to analyze the evidence itself.

Ms. Pidari (05:24:47):

Fair to say that you focus more on a scientific approach versus allowing anything that could create any bias when it relates to your analysis?

Anna Cox (05:24:55):

Correct.

Ms. Pidari (05:24:56):

Okay. So before we discuss the work that you did in this case, I want to talk about bloodstain analysis in general. When analyzing blood, are there different patterns of bloodstains that can help determine the mechanism of distribution?

Anna Cox (05:25:09):

Yes. That's the physics foundation, so that's the classification part of the analysis, where the actual size, shape, distribution, and number of stains is analyzed and we are able to define what the bloodstain is based on those characteristics. And then the fundamental knowledge of how actions or the natural laws of physics, what role they play in distribution, that is how we do classify them. So yes, we do that foundation.

Ms. Pidari (05:25:44):

Okay. And have you prepared a PowerPoint that would help describe those different bloodstain patterns?

Anna Cox (05:25:49):

I have.

Ms. Pidari (05:25:50):

Okay. Would it be helpful to use that PowerPoint while explaining the bloodstain pattern analysis, like what it is and the different mechanisms of distribution to the court?

Anna Cox (05:25:58):

Yes.

Ms. Pidari (05:25:59):

Permission to publish a demonstrative that was previously discovered to Dr. Kosowski and for the witness to step down?

Judge Bulone (05:26:04):

You may. Any objections?

Dr. Tomasz Roman Kosowski (05:26:07):

I'm sorry?

Judge Bulone (05:26:09):

Any objection to them playing the PowerPoint?

Dr. Tomasz Roman Kosowski (05:26:15):

Sure. I'm sorry, I don't quite know what's on this PowerPoint, so...

Judge Bulone (05:26:19):

Oh. You got a copy of it. Didn't you get a copy of it?

Ms. Pidari (05:26:21):

Yes. [inaudible 05:26:23]

Judge Bulone (05:26:24):

All right, so I think it's different patterns of bloodstains, basically.

Ms. Pidari (05:26:29):

Yes.

Judge Bulone (05:26:29):

So it's kind of an educational thing. Any objection?

Dr. Tomasz Roman Kosowski (05:26:33):

Is there any personal, like any details of the case on this PowerPoint?

Ms. Pidari (05:26:40):

Not on this one, but there will be a PowerPoint that I'm going to offer into evidence, that also was discovered to you, that does have details of this case, photographs.

Dr. Tomasz Roman Kosowski (05:26:47):

Again, I'm sorry. I haven't seen any PowerPoints at all. We just don't have PowerPoint at the jail, so-

Ms. Pidari (05:26:52):

It was sent as a PDF, I believe.

Dr. Tomasz Roman Kosowski (05:26:55):

Either way, I'll object.

Judge Bulone (05:26:56):

Okay.

Ms. Pidari (05:27:01):

And I actually have a copy of it printed out, so I can provide that to Dr. Kosowski.

Judge Bulone (05:27:04):

Okay. All right. So you might as well give him that one and the one that's particular to this case.

Ms. Pidari (05:27:08):

Sure. [inaudible 05:27:14] And this is the one for [inaudible 05:27:28] I'm not there yet, though, just so you know. Permission for the witness to step down?

Judge Bulone (05:27:33):

She may.

Ms. Pidari (05:27:33):

All right.

Judge Bulone (05:27:33):

[inaudible 05:27:38]

Ms. Pidari (05:27:51):

Ms. Cox, I'm going to have you step right over here so that the court can see you. I'll hand you this in case you need it.

Anna Cox (05:27:52):

Okay. Thank you.

Ms. Pidari (05:27:55):

All right. So, bloodstain pattern analysis. What is bloodstain pattern analysis?

Anna Cox (05:28:00):

If you can go to the next-

Ms. Pidari (05:28:03):

Sure. Oh, next one? Go ahead.

Anna Cox (05:28:05):

So the definition of bloodstain pattern analysis is the scientific study of bloodstains and patterns that are a result of a blood-shedding event. So we identify, document, define, and analyze the bloodstains and patterns in order to provide an appropriate interpretation of the events that caused them. So there's a variety of things that we consider, primarily the classification part, which is where we define the stains, focuses on the size, shape, and distribution of the bloodstains. That's the foundation of physics. The number of bloodstains is also relevant, as is the location and the surface. So when I talk about the location of the bloodstains, I'm including their perspective in relationship to other items of evidence at the scene and other relevant scene-specific variables that are unique to this particular case, that particular case, and that case only.

(05:29:01)
The surface, that really has a very, very important role in the actual visual as well as the subsequent distribution of the blood as well, whether it's a hard surface, a porous surface, whether it's carpeted, whether it's a textile. So that also must be considered. Scene-specific variables in relationship to other evidence, I already spoke of. And then the history of the scene and the evidence. So for example, has items been removed prior to law enforcement due to evidentiary concerns or chain of custody, et cetera? So all of that has to be analyzed together in order to provide the appropriate interpretation.

Ms. Pidari (05:29:46):

Okay. So I want to move on to the next slide, which will be discussing the scientific basis for blood pattern analysis. Can you talk to us about that?

Anna Cox (05:29:53):

So when we're having an understanding of the fundamentals of biology, what we're primarily interested in is the body's reaction to the infliction of the injury. Because when I analyze blood, it's outside-

Ms. Cox (05:30:00):

... the infliction of the injury. Because when I analyze blood, it's outside of the body. So I'm primarily interested in that particular aspect of how the body functions upon receipt of an injury. I also have to be very cognizant that blood, once it's outside the body, can undergo significant changes depending on the environment that it's in, whether or not there's been any post incident alterations. So having an understanding that blood may not appear to be vibrant red once it's outside the body is also crucial because that forces me to make sure that I'm analyzing all of the blood and not missing any components. The physics, when we analyze the blood, there are two primary mechanisms of which blood is deposited once it's outside the body. One would be the natural loss of physics, which would be gravity or the body's natural tendency to bleed, both of which don't have the introduction of an outside force.

(05:31:04)
So those types of bloodstains, we call them passive for that exact reason. There's no infliction of an injury. There's no impact to the liquid blood that causes it to be dispersed any other way than what would naturally occur. Then if you do have an action or an introduction of an outside force, that absolutely changes the overall appearance of the blood distribution because the mechanism is completely different. The mechanism is now overriding the natural tendency of gravity or the body's natural tendency to bleed. And in this particular case, chemistry was important because there was a significant amount of presumptive testing done, which is very appropriate and very common, as well as there was chemical processing that was employed in various areas regarding this particular case. So having a basic understanding of how those chemical processes work and what the indications and basically what they mean is crucial for me when I do my analysis as well to make sure that I'm appropriately identifying how that chemistry has affected my analysis.

Ms. Pidari (05:32:10):

Okay. So then I want to talk a little bit about identifying blood stains and patterns. If we can go to the next slide and we'll start with spatter. So what is spatter?

Ms. Cox (05:32:23):

Well, the best way to describe a lot of the terminologies, there's like a tree trunk. So the first tree trunk would be spatter, and that is a bloodstain that results from the introduction of an outside external force that causes an airborne droplet to be dispersed. And it is associated with the external force being applied to liquid blood. And from that tree trunk, there's a branch and one of the branches would be something called impact, which would be just as it sounds. It's a blood stain that's the result from an object striking the liquid blood.

Ms. Pidari (05:32:59):

Okay. Now these two photographs that you have on this slide, that's not from this case, right?

Ms. Cox (05:33:03):

No, these are demonstrative and I intentionally chose these two because the amount of external force that is applied, the amount of blood available for distribution, location of injuries, et cetera, et cetera, will dictate the overall appearance of the bloodstains themselves. So one of the things that once we get the foundation and the understanding of what an impact does, we then have to understand that they're not going to look cookie cutter. There are going to be scene-specific variables that can determine how the spatter appears. Regardless, both of these patterns exhibit characteristics consistent with impact.

Ms. Pidari (05:33:47):

Okay. So let's go on to the next one, which is cast off. So what is cast off blood?

Ms. Cox (05:33:52):

Cast-off is a blood stain that results from drops that are released from the object due to its motion. That could be a forward motion, that could be a backward motion, that could be a swinging motion. But what happens is liquid blood is accumulated on a surface and the subsequent movement of that item that it is attached to is basically forcing the blood off, either flinging it off, swinging it off, and it will cause a visually different deposition pattern.

Ms. Pidari (05:34:23):

So these cast-off patterns that we have here, what's important about this? What does this tell us?

Ms. Cox (05:34:29):

Well, this is what's interesting about this is you can have cast-off patterns and/or a series of cast-off stains. So the item that the blood is being released from will determine the distribution of the blood as well as what item it is and how it's being swung. So for example, these particular blood stains, they're varying in size and shape and directionality. So this to me is not one consistent parallel swinging motion. This is more of a non-deliberate motion causing the distribution of these particular stains.

Ms. Pidari (05:35:12):

Okay. We can go on to the next one. So can you define directionality for us?

Ms. Cox (05:35:18):

So directionality is the characteristics of a blood stain that indicate the path or the way that that blood was traveling when it was deposited. A lot of times we associate that with some of our impact spatter patterns if the elongated stains present themselves. Sometimes it doesn't present themselves based on the variables of the scene. So the blood was traveling in this particular photograph from left to right. And the reason that is determined is because you have the leading edge of the blood stain, which is...

Ms. Pidari (05:35:51):

It's okay. It pops back on.

Ms. Cox (05:35:53):

Oh, good. Is right here. So that's the initial area of the surface where the blood stain made contact and then the elongation shows the direction of travel.

Ms. Pidari (05:36:02):

So the direction of travel, is it fair to say it starts to get a little thinner as it goes by?

Ms. Cox (05:36:06):

We call them exclamation points. Some people call them tadpoles.

Ms. Pidari (05:36:09):

Okay.

Ms. Cox (05:36:09):

Yes.

Ms. Pidari (05:36:09):

Gotcha. All right. We can go on to the next one. So that's going to be a drip stain. Oh, I'm sorry.

Ms. Cox (05:36:18):

That's okay. I just-

Ms. Pidari (05:36:18):

I apologize.

Ms. Cox (05:36:19):

... talked over that.

Ms. Pidari (05:36:20):

Drip stain, what is a drip stain?

Ms. Cox (05:36:22):

Now we're moving into something that's more passive. So now we're moving into a drip stain, which is a blood stain that results from a falling drop of blood due to gravity. And the reason for showing these two various photographs is because this surface really plays an important role in the distribution of the drip stains. So you can see a coarse substrate. The stain will present itself differently. It looks broken. There may be what we call satellite staining. This is more of a smooth surface where the blood stain stays more intact. So this is just a perfect example of being aware and having an understanding of your surface.

Ms. Pidari (05:37:01):

Okay. And when you say coarse surface, can you give us an example of what would be a coarse surface versus a smooth surface?

Ms. Cox (05:37:06):

A coarse surface would be concrete, raw wood. If you have rough tiles, sometimes in Florida, if your floor has a lot of sugar sand on it, that can be considered to be coarse because of sugar sand. So those would be more consistent if you have, for example, if you have a surface that has decorative patterns to it, grout lines can be considered to be coarse. And then a smooth surface would be more like the desks, would be more like a vinyl plank, more of a smooth glass, more of a sooth mirror, more of a smooth surface like that.

Ms. Pidari (05:37:45):

All right. You can go next. So flow pattern, what is a flow pattern?

Ms. Cox (05:37:55):

A flow pattern is a blood stain that is distributed based on the movement of a volume of blood on a surface, either due to gravity or movement of the blood source. And typically that's associated with the. There has to be a rather good amount of blood available for gravity to start pulling it down the surface. And one of the things that we look for, as you can see in these photographs, are some delineated edges. And then of course just the downward movements. This would be strictly based on gravity and this one shows that there's a little bit of movement of the actual blood source itself.

Ms. Pidari (05:38:31):

Okay. All right. Go to the next one. Saturation, what is that?

Ms. Cox (05:38:36):

That is a blood stain resulting from the accumulation of liquid blood in an absorbent material. So for example, this is a textile, so this would also be considered passive by nature. This would be the injury being allowed to bleed and for the textile to be allowed to consume it and then to try to diffuse it outward.

Ms. Pidari (05:38:57):

Okay. So is that a fabric material?

Ms. Cox (05:38:59):

Correct.

Ms. Pidari (05:38:59):

Is it often in that type of material you might see saturation?

Ms. Cox (05:39:02):

Correct.

Ms. Pidari (05:39:03):

Okay. Different than a smooth or coarse material or...

Ms. Cox (05:39:06):

Correct. So if you had an individual who was bleeding on the edge of the table, because that's a non-coarse surface, that's going to be something considered to be pooled blood. Now the actual mechanism's the same. The blood source is allowed to bleed freely and uninterrupted. It's just the substrate is different. This is a textile as opposed to, for example, a hardwood.

Ms. Pidari (05:39:28):

Okay. We can go on to the next one. What is transfer?

Ms. Cox (05:39:31):

Transfer is a blood stain resulting from contact between a blood-bearing surface, typically a wet liquid blood bearing surface and another surface. The two branches from transfer is you can actually have comparable transfer. Sometimes you can have boot impressions, sometimes you can have fingerprints, weapon impressions, fabric impressions. So sometimes it may exhibit characteristics that if a known or a standard is collected, it may become what we call comparable. But then you can also have the same phenomenon but have a transfer stain that doesn't have characteristics that are comparable. However, once again, the deposition mechanism is the same. It's a surface that has wet blood on it that comes in contact with another surface subsequently transferring some of the liquid blood.

Ms. Pidari (05:40:18):

So would one example of a non-comparable transfer be if somebody got somebody else's blood on their arm and then their arm touches that surface, for example? Would that be a transfer?

Ms. Cox (05:40:28):

Correct.

Ms. Pidari (05:40:29):

Okay. And it's just not comparable because you don't know exactly what caused it to do that?

Ms. Cox (05:40:33):

Correct.

Ms. Pidari (05:40:33):

Okay. We can go to the next one. Swipe. What is a swipe?

Ms. Cox (05:40:38):

So a swipe is the same thing, except it shows movement. So rather than, for example, just having your arm just touch the wall and then have immediate retraction, you have subsequent movement of arm along the wall. So once again, the mechanism is somewhat the same. However, there's an indication of movement as opposed to a stationary deposition and a retraction.

Ms. Pidari (05:41:03):

Okay. All right. And what is an altered stain?

Ms. Cox (05:41:07):

An altered stain is a blood stain that has characteristics that indicate a physical change has occurred. There are multiple branches on the altered tree trunk, one of which that can be quite common is something called dilution, which is decreasing the concentration of a liquid through the introduction of another liquid.

Ms. Pidari (05:41:28):

Okay. Such as?

Ms. Cox (05:41:30):

Water to blood.

Ms. Pidari (05:41:31):

Okay. Cleaning products?

Ms. Cox (05:41:33):

Cleaning products. I've had cases where lighter fluid was introduced to blood, paint has been introduced to blood. So it's just some other type of liquid that becomes intermingled with the blood itself.

Ms. Pidari (05:41:49):

Okay. All right. If you want to have a seat. I may ask you to step down a little bit, but I'll have you sit for the next couple of questions if that's okay. I want to talk to you about the analysis you did in this case. When did you first get involved in this case?

Ms. Cox (05:42:16):

I received case file materials in June of 2023.

Ms. Pidari (05:42:20):

Okay. So because you got it in June of 2023, you then were not able to go to the active crime scene while it was being processed before being cleaned up. Is that fair?

Ms. Cox (05:42:31):

Correct.

Ms. Pidari (05:42:32):

Did you eventually go to 1501 South Belcher Road in building B to help confirm your analysis?

Ms. Cox (05:42:41):

I did.

Ms. Pidari (05:42:41):

Okay. And do you know when that was?

Ms. Cox (05:42:43):

September 8th of this year.

Ms. Pidari (05:42:45):

Now, the judge has seen many photographs of that location already. So just tell us, did you walk through the atrium?

Ms. Cox (05:42:52):

I did.

Ms. Pidari (05:42:52):

Okay. And after you walked through the atrium, did you see the men's restroom?

Ms. Cox (05:42:56):

I did.

Ms. Pidari (05:42:57):

And did you actually go into the men's restroom?

Ms. Cox (05:42:59):

I did.

Ms. Pidari (05:43:00):

Big? Small? What kind of space was it?

Ms. Cox (05:43:02):

It's small.

Ms. Pidari (05:43:03):

Okay. And initially when you were contacted by our office, what information did you receive?

Ms. Cox (05:43:10):

May I refer to my report to make sure? Okay.

Ms. Pidari (05:43:12):

If it would help refresh your recollection, yes.

Ms. Cox (05:43:13):

I received body-worn camera video. I received video from an outdoor surveillance camera. I received a 911 call. I received photographs of multiple items of evidence, individuals, law enforcement, and multiple scenes. So I received that as well. I also received the Pinellas County Sheriff's Office forensic science specialist reports. I received Pinellas County Forensic Laboratory reports. I received the Largo Police Department case supplemental reports that was actually authored by multiple officers, and I received property and evidence reports, and I received a PowerPoint that identified some logistics. I also did receive a Pinellas County Sheriff's Office latent examination report, which I didn't utilize in my analysis.

Ms. Pidari (05:44:11):

Okay. And why is that?

Ms. Cox (05:44:12):

Because it had nothing to do with the blood.

Ms. Pidari (05:44:14):

So did you try and focus with all the materials that you received strictly on what the scientific evidence would show?

Ms. Cox (05:44:19):

Correct.

Ms. Pidari (05:44:20):

Okay. Did you review all of the materials that were relevant and that were provided to you?

Ms. Cox (05:44:26):

Yes.

Ms. Pidari (05:44:26):

So tell us how you conduct this analysis. After you receive these materials, then what do you do?

Ms. Cox (05:44:33):

So when I have the opportunity to review body-worn camera, I like to do that first because that is obviously when the first responding officer responds. So it is one of the primary indications of the scene, how it presented itself upon the arrival of law enforcement. So I like to look at the body-worn camera videos in order to just get a feel for where people are, who's going where. Now, I do listen to them with the sound off. I do not listen to them with the sound on because I'm not interested in what people are saying. I'm interested in what people are doing. So I look to see where people go. I also look to see if there's any behavior, whether it's through clearing the location, whether it's securing the location, whether any of the activities that are necessary to do that in a satisfactory manner have any consequence to my analysis. So I'm very cognizant of those activities. Then I will look at the crime scene photographs and start looking to see the evidence in a more generalized, detailed, more deliberate documentation manner because body-worn camera is not the same as taking crime scene photos. I'm able to marry the two together to make sure that I address scene specific variables, but I'm also addressing and classifying the stains appropriately. So I like to focus on that. And then as I transition through the photographs and the body cam, then I will start to look at technical reports from the crime scene technicians, the forensic specialists, to see if there was any activity that they may have detailed in their report that I may not have seen as descript in the photographs, and so that's my progression. Then as I'm moving forward with my analysis, I'll start to look at the technical reports from the laboratories, in this case would be DNA serology.

(05:46:41)
And then I also follow up with the first responder reports and the law enforcement reports. I do tend to look at those last because I have to extrapolate out of those only the information relevant to the tangible physical evidence. So once those reports start getting into verbal or written statements, I don't review that portion of those reports. And then as my analysis continues, I have multiple things up at once, body-worn camera, I have photos, I'm looking at reports. So once I've looked at it in a piecemeal, then I start to bring it all together to put it together for my interpretation.

Ms. Pidari (05:47:26):

Okay. So is that the sequence that you followed when you were analyzing this case?

Ms. Cox (05:47:30):

Correct.

Ms. Pidari (05:47:31):

And I want to focus on some photographs or even, I guess, body-worn camera, but did you review any photographs or body-worn cameras specifically from the men's bathroom at 1501 South Belcher?

Ms. Cox (05:47:44):

Yeah, both body-worn camera and photographs.

Ms. Pidari (05:47:47):

And did you see blood stains in any of those materials?

Ms. Cox (05:47:51):

Both in the body-worn camera as well as in the photographs, yes.

Ms. Pidari (05:47:54):

Okay. Did you also receive photographs and/or body-worn camera of the residence in Tarpon Springs, 511 Seaview Drive?

Ms. Cox (05:48:03):

The body-worn camera, I don't recall reviewing that for the Seaview Drive location. I focused primarily on the documentation that was done by photographs as that was a directive that was after the initial incident or the location where the bloodletting event had occurred. So I focused primarily on the photographs and reports from that part of the investigation.

Ms. Pidari (05:48:29):

Okay. And when you-

Speaker 11 (05:48:34):

I object to the testimony of this witness. Observations and photographs were included, questions to suppress.

Judge Bulone (05:48:39):

At 1501 Belcher?

Speaker 11 (05:48:41):

At my home.

Judge Bulone (05:48:44):

Okay. All right. It's preserved. You may continue.

Ms. Pidari (05:48:47):

Thank you. So forensic photos specifically, did you review those from 511 Seaview?

Ms. Cox (05:48:52):

I did.

Ms. Pidari (05:48:53):

And when you reviewed those photographs, did you note any blood stains there as well?

Ms. Cox (05:48:58):

Yes.

Ms. Pidari (05:48:59):

Okay. Specifically, did you note any blood stains located in the Toyota Tundra that was in the garage at that residence?

Ms. Cox (05:49:06):

Yes.

Ms. Pidari (05:49:07):

Okay. And what about in the garage, like on the floor?

Ms. Cox (05:49:11):

Yes, there was a chemical luminescence from the application of a chemical, so I did observe that.

Ms. Pidari (05:49:17):

Okay. And then lastly, did you review photographs of a red Toyota Tundra that was taken by Pinellas County forensic specialists?

Ms. Cox (05:49:30):

The Tundra was gray.

Ms. Pidari (05:49:31):

I'm sorry. I'm sorry, I misspoke. Red Toyota Corolla.

Ms. Cox (05:49:34):

Yes, the Corolla. Yes.

Ms. Pidari (05:49:35):

I mixed up my Toyotas, sorry.

Ms. Cox (05:49:37):

Yes, the Corolla.

Ms. Pidari (05:49:38):

So you did?

Ms. Cox (05:49:38):

I did.

Ms. Pidari (05:49:38):

Okay. And did you notice any blood stains in any of those photographs?

Ms. Cox (05:49:43):

The blood stains that I identified were after chemical processing, so through luminescence.

Ms. Pidari (05:49:50):

Okay. Did you also review serological reports and DNA analyses performed on the blood from those locations in this case?

Ms. Cox (05:49:57):

I did.

Ms. Pidari (05:49:57):

Okay. And did you document your blood findings for all of these locations in a report?

Ms. Cox (05:50:03):

I did.

Ms. Pidari (05:50:04):

And have you prepared a PowerPoint to help express and testify to your findings?

Ms. Cox (05:50:09):

Yes.

Ms. Pidari (05:50:18):

Okay. May I approach the clerk?

Judge Bulone (05:50:18):

You may.

Ms. Pidari (05:50:19):

Showing Dr. Kosowski 115 for identification. May I approach?

Judge Bulone (05:50:19):

You may.

Ms. Pidari (05:50:29):

[inaudible 05:50:27] I'm having pre-marked as 115 for identification. Do you recognize this?

Ms. Cox (05:50:33):

Yes. That is a smart thumb drive in the bag, has my initials and date.

Ms. Pidari (05:50:39):

Okay. And on this flash drive, is it the PowerPoint that you created to help explain your testimony in this case?

Ms. Cox (05:50:45):

Yes.

Ms. Pidari (05:50:46):

Okay. And everything that you've included in your PowerPoint, did that come from different materials that you've relied upon in order to come to your conclusions?

Ms. Cox (05:50:53):

Yes.

Ms. Pidari (05:50:53):

Okay. And all of the things that you put in your PowerPoint, such as photographs or any wording, was that altered in any way from the reports of the photographs that you received?

Ms. Cox (05:51:03):

No. I actually identify the photo stamp number for reference if necessary, as well as the date of whatever serological report I referenced.

Ms. Pidari (05:51:13):

Now, at this time, the state would offer into evidence what's been pre-marked as 115 for identification as 115.

Judge Bulone (05:51:19):

All right. Any objection?

Speaker 11 (05:51:20):

Yes, sir.

Judge Bulone (05:51:22):

All right. So you object to the residence and the Corolla?

Speaker 11 (05:51:26):

I'm sorry?

Judge Bulone (05:51:27):

You object to the residence, your residence, and the Corolla because of the search warrant or some other reason?

Speaker 11 (05:51:32):

Out of abundance of caution, I object to the whole entire PowerPoint.

Judge Bulone (05:51:35):

Okay. All right. Your whole objection is overruled. All right. It's admitted.

Ms. Pidari (05:51:40):

Thank you, Your Honor. Permission to publish?

Judge Bulone (05:51:42):

You may.

Ms. Pidari (05:51:42):

And may she step down again? Thank you.

Judge Bulone (05:51:50):

Okay. Charge for the...

Ms. Pidari (05:52:37):

Thank you.

(05:52:37)
All right. All right.

Judge Bulone (05:52:37):

By the way, do we know what these noise is up here? I mean, are you hearing a lot of static? Because I know I am?

Speaker 12 (05:52:43):

Yes.

Judge Bulone (05:52:44):

Do we have any idea where that's coming from?

Speaker 12 (05:52:45):

No, Your Honor.

Judge Bulone (05:52:45):

Okay. You may continue.

Ms. Pidari (05:52:51):

Thank you. All right. So you've labeled it as Largo Police Department with the case number and Steven Cozzi. So to your knowledge, after reviewing all of the evidence, is Steven Cozzi noted as the victim in this case?

Ms. Cox (05:53:03):

I identified him as a subject.

Ms. Pidari (05:53:04):

Got it.

Ms. Cox (05:53:05):

So he is the missing subject.

Ms. Pidari (05:53:09):

Okay. So we can go on to the next one. So walk us through this. And what photos are we looking at? At what location?

Ms. Cox (05:53:16):

So when I placed the photographs on the screen, the numerical numbers that are either presented above, below, or beside the photographs reference the stamp from the photograph as it came to me as part of the case file. So for any future reference, I can reference right back to the original stamp that I received. I received a lot of photographs and I looked at all of the photographs. So I have selected the ones that are most relevant for my analysis specific to my particular participation in this investigation. So this is just an overall photograph of the scene as it presented when the forensic specialist arrived. And then this is the front entrance that I also myself entered through when I visited the crime scene. So that's just the general reference for that.

Ms. Pidari (05:54:09):

Okay. And what are we looking at on the second slide or third slide technically?

Ms. Cox (05:54:14):

So this is the entryway upon immediately entering the front entrance door. This would be considered to be the atrium area where there were business access, well, one to the law firm and one to another location on either side of this particular atrium area. And then what was also of particular interest is you can already see in this photograph the sign for the men's room. So the location of the men's room in relationship to the front door, that's just a general idea of the relationship of those two areas.

Ms. Pidari (05:54:49):

Now, earlier this month when you went to this location, is this similar to what it looked like or almost identical to what it looked like when you went back and looked at it?

Ms. Cox (05:54:58):

This particular area is almost identical.

Ms. Pidari (05:55:00):

All right. You can go to the next one. All right. So what are we looking at here?

Ms. Cox (05:55:03):

So this is what would be considered to be a mid-range perspective of the location of the men's room in relationship to the front atrium area. You can still see the mural art on the wall as a reference to proceeding through the atrium area. It also presents how the door opens and closes for the men's room, which may sound insignificant, but it is important in an analysis. And then there's documentation that I later subsequently read in one of the police reports that this box had been placed there by first responders as one of the initial steps to maintain the integrity of the scene. So that would be a perfect example as to why I read those reports so that I know when the actual integrity of the scene was started to be focused on. So that was placed there by law enforcement.

Ms. Pidari (05:55:59):

Now, before we go to the next slide, you mentioned that it captures the way that the door opens and closes, and you said that that's very relevant. Why? Why is it relevant?

Ms. Cox (05:56:07):

Well, the door opens inward, and the reason that that's relevant is because there's an actual pattern on the exterior of this door that shows subsequent movement. It's a swipe pattern. And what's also interesting is on the interior of the door where the door handle is to actually pull the door open, there's also transfer of blood.

Ms. Pidari (05:56:26):

Okay. Bring the next one. Now, are these pictures of the inside of the bathroom that were provided to you in discovery?

Ms. Cox (05:56:34):

Yes.

Ms. Pidari (05:56:35):

Okay. And talk to us about this. What's relevant about these photos?

Ms. Cox (05:56:38):

So this would be considered to be a mid-range-ish overall photograph of how the bathroom presents itself when you first open the door and prepare to enter it. And it gives you the overall dynamics of the structure. So for example, there is a single stall. The interesting thing about the stall door is that it opens and it almost makes contact with the entry door to the actual physical bathroom. It gives you perspective of where the urinal is located, the privacy barriers, et cetera. It provides me an understanding of the sink, where the receptacle is. So it's giving me just a general overall feel for the layout of this location the day that the incident was reported. And then also it now is starting to provide me an understanding of scene-specific variables, like this floor was a very relevant scene -specific variable. You have an overflowing trash receptacle, you have an open cabinet.

(05:57:45)
So now not only am I getting a general perspective, but now I'm starting to pick up on some of the variables that were unique to this particular incident.

Ms. Pidari (05:57:54):

All right. And you said that the floor was a very important factor, so why is that?

Ms. Cox (05:57:59):

Not only is it dark, it's a dark floor, it's also got these really small little tiles, raised tiles. So there's a lot of them, which means there's a lot of little grout lines. And the reason that that's relevant for me as my analysis progressed was that when I was identifying and looking at areas of blood stains, what was interesting was there were some areas of blood stains that were just in the grout lines, but not at the top. So as a blood stain analyst, one of the things that leads me to start to think is, well, how do you get blood only in grout lines? Do I have a pool of blood that is flowed or is there a possible post-incident alteration? So these are the types of things that I must be immediately aware of when I start doing my analysis because they must be considered.

Ms. Pidari (05:58:59):

Okay. And when you went and visited the men's restroom at 1501 Belcher, was this a very similar layout to what you observed?

Ms. Cox (05:59:09):

The layout was the same. I believe the floor drain has been removed, but the overall structure itself was the same. They hadn't added another stall or anything.

Ms. Pidari (05:59:22):

Okay. A little cleaner too?

Ms. Cox (05:59:25):

Yes.

Ms. Pidari (05:59:26):

Okay.

Ms. Cox (05:59:26):

It was cleaner.

Ms. Pidari (05:59:27):

So do you eventually make your way into the restroom and it was part of your analysis?

Ms. Cox (05:59:31):

Yes.

Ms. Pidari (05:59:31):

Let's go to the next slide. All right, so what are we looking at here?

Ms. Cox (05:59:36):

Okay. So this is really, really interesting to me because on the exterior of the stall door, there were these two elongated stains and then these two very small circular stains. And I was immediately drawn to them because I thought, "How did you get here?" Because it's so far removed from some of the other blood I saw in the bathroom. So what I'm talking about are these two little elongated stains here, and then these two circular stains. And the sheriff's office utilized a measuring device to give me an approximate size of the blood stains, which these are not passive. They're not passive in nature. There was an action that caused their distribution. And the reason that I can say that is because they didn't exhibit any of the qualities of dilution. So the actual original parent stain, once it was deposited, it was not altered.

(06:00:33)
So I'm able to base it on its size, shape, and distribution as being some type of action, and it did not exhibit any alteration. Now, the directionality of the elongated stains, it's traveling downwards and towards the north, which would be downwards and towards that north wall, which indicates that the blood that's from these elongated stains was coming downward. But what was fascinating to me was they are still relatively low to the floor. So the blood source that distributes this is above this particular area. But what was interesting to me was I didn't have any additional stains that radiated further upward on this part of the partition or part of the framing. So I was able to say that they were distributed by an action as opposed to a passive distribution.

Ms. Pidari (06:01:29):

All right. Go to the next one. All right. What photos of these and why are they relevant?

Ms. Cox (06:01:31):

And the reason that that is relevant is because if you look at the area that is above the door handle right here in this particular area, that is actually a passive deposition. That is actually a transfer stain. So that action that caused the transfer stain is completely different. It's passive in nature. This is an item or an individual contaminated with wet blood, basically coming into contact with the door as opposed to an action causing the distribution of those smaller stains. So you can see visually in and of itself, their appearance is different because the mechanism of deposition is different.

(06:02:09)
The other thing that I thought was interesting was this blood stain originally had sufficient blood volume such that it had started to form a downward flow pattern. So that would indicate that while this is not a large deposition stain, there was still enough blood in it that gravity was able to pull some of the blood downwards. Then what was also interesting was adjacent to this stain on what would be considered the non-hinged edge of the door, you have a very small little swipe pattern, which is indicative of movement. So this particular area would indicate to me that this deposition of this blood stains here was after at least one bloodletting event had occurred and something is contaminated with blood coming into contact with that area of the door.

Ms. Pidari (06:03:02):

Okay. And just to be clear, you-

Ms. Cox (06:03:00):

-on top of that area of the door.

Ms. Pidari (06:03:02):

And just to be clear, you may have said it, but I just want to make sure the record is clear. What you're talking about is on the door into the stall where the toilet is in the bathroom?

Ms. Cox (06:03:10):

Correct.

Ms. Pidari (06:03:11):

Okay. Are you going to the next one? All right. So we have some more photos of that same door. Why are these photos relevant?

Ms. Cox (06:03:19):

Because also right above that transfer and swipe pattern are small stains again. So what I was interested in was I have these small stains on the lower portion of the partition or the framing for the door of the stall. I have transfer and swiping on an area above the door handle of the door. And I also have these small stains that were also caused by an action on the non-hinged side. So what this is telling me is this is dynamic. This isn't static. Because of the location of the blood stains on the surfaces and the relationship to each other, I'm already getting an idea that there's movement going on. This is not just a static event occurring.

Ms. Pidari (06:04:15):

So let's talk about your analysis on the north wall of the stall since we just did the door. So what are we looking at on this slide?

Ms. Cox (06:04:27):

So this would be from the perspective, you can actually see that this is the hinge for the door. So the door would be opened to the right and this would be as if you were standing basically in the stall looking down into the corner. The toilet is back up in this particular area. So now what I see over here is now I'm starting to see not just one or two small stains caused by an action. What I'm seeing is now I'm starting to see clusters of very small stains. Some sparsely distributed, but in one area it was rather densely distributed. And what was interesting is they are also relatively low to the floor. You can see that this is a two-tier tile basic baseboard and you can see these smaller stains and then there's one stain up here by itself on the north wall. They're relatively circular in appearance and they were pretty sparsely distributed.

(06:05:31)
So those were also distributed by what I consider to be an action which I consider to be impact. And I am basing that on the fact that as you move further down this wall, there is a rather dense distribution of very small stains that are all relatively the same size. Then over here in this corner, you also have another distribution of smaller stains. These are a little bit larger and what was interesting about those is they appeared to be mixed with what I consider to be a gelatinous material. So it was blood that was mixed in with something that appeared to be blood mixed with another biological material, something gelatinous, tissue, something of the such. And that was over in this area. So what was important to me was the proximity of those blood stains to each other, the relative continuity of their size, shape and distribution and the fact that they were low to the floor was indicative to me that an actual bloodletting event caused by an action occurred in this particular area of the bathroom.

Ms. Pidari (06:06:40):

And you've said bloodletting event a few times. What do you mean by a bloodletting event?

Ms. Cox (06:06:44):

Where the blood is actually distributed by force.

Ms. Pidari (06:06:47):

Okay. So then that was Slide 11. I'm going to start putting it on the record so we can keep track. So let's go to Slide 12. What are we looking at here?

Ms. Cox (06:06:56):

So the first photograph obviously has the identifier on it. I placed that yellow circle to identify where the stain is in the overall photograph because it is a little difficult to see if you're not looking for it. I did receive all of the photographs on digital medium. So I was able to, in a controlled environment, zoom in and out on the particular photographs to make sure that I was looking at everything that was available to see within that photograph. So this would be considered to be a mid-range photo and then they did move that into a closeup photograph where the measuring device has been applied next to the same stain. You can see it's very small and it's circular in nature.

Ms. Pidari (06:07:42):

And what does that tell us?

Ms. Cox (06:07:45):

That is indicative of the source of blood being in close proximity to the wall, such that the blood didn't have the opportunity to elongate and radiate out and upward because the target surface, which would be the wall, was in very close proximity to the original source.

Ms. Pidari (06:08:02):

Before I move on, all of these pictures that you're describing with these blood patterns, these blood stains, can you tell whether it's dry blood or if it's wet blood? Are you able to tell?

Ms. Cox (06:08:17):

It did not exhibit characteristics of degradation that you see sometimes in Florida, which will be cracking and flaking. I didn't see any indication of that, but I also didn't see any indication that the blood itself, the overall appearance was uneven as if the center portion hadn't dried yet because blood stains dry from the outside in. So I didn't see any indication that there was still visible wetness to the center of the stain. Now the stains that were mixed with the gelatinous material, that's a little bit tougher because of the substrate mixed in with the blood. So I can't really give an opinion on that itself

Ms. Pidari (06:08:56):

Okay. Again, before we move on, you said gelatinous material. I think you gave one example of tissue. What other-

Ms. Cox (06:09:03):

Fatty substrate, some other type of biological material.

Ms. Pidari (06:09:07):

Okay. All right. So now we're on Slide 13. What are we looking at here?

Ms. Cox (06:09:13):

So now we're progressing. So the first stain I documented was a little bit further up on the wall. So now we're transitioning down the actual wall, down the tile base and actually down towards the floor. And so you're starting to see, you're starting to get more stains that have been captured in the documentation. And then as we continue to move down onto this particular tile area, those particular stains start to become smaller. They follow in a couple slides here. But this photograph right here is a perfect demonstration or demonstrative of what I mean by blood mixed with a gelatinous material. You can actually see that it's not the red color. It's more of a milky pinkish color. So that's why it was more consistent with being mixed with some type of other biological material.

Ms. Pidari (06:10:04):

All right. We can go to Slide 14.

Ms. Cox (06:10:07):

So once again, this is just the progression. We're moving down the wall and this is the actual floor here. And I have encased what I consider to be a spatter pattern. These are small stains. Their size, shape and distribution is relatively the same and it is a dense distribution and its proximity to the floor, it's literally just right above the floor.

Ms. Pidari (06:10:30):

So the location, size and the fact that it's spatter, the mechanism of distribution, what does that tell you?

Ms. Cox (06:10:36):

So one of the things, especially when you're dealing with impact spatter, is the smaller the stain, the stronger the force that causes its distribution. So when you have a stronger force or a stronger energy that distributes the blood into these very small droplets, the stronger the force is going to make the stains much smaller in appearance. So that's the connectivity between the action and the physical characteristics of the bloodstain.

Ms. Pidari (06:11:06):

Okay. Thank you. So, Philip, let's move on to Slide 15. What are we looking at here?

Ms. Cox (06:11:11):

Closeup photographs. So this is an initial closeup photograph without scale, which is very customary to do. That way you can get a general view of the stains in relationship to each other. The other fantastic thing about getting photographs like this is I can see the actual surface. So I can see whether or not the surface may have played any role in the overall appearance and distribution of the bloodstains. Well, this is a smooth tile, and so I was able to even zoom in even closer than this closeup photograph is and determine that the tile itself did not cause any alteration or disruption to the action that caused the blood to be placed onto this particular area.

Ms. Pidari (06:11:54):

All right. And the next slide, Slide 16, is that with the ruler you were talking about?

Ms. Cox (06:11:57):

Correct. So once again, when we're talking about size, shape and distribution, measuring devices is important to have as validation when I say they're very small.

Ms. Pidari (06:12:09):

Okay. So again, these would be very small-

Ms. Cox (06:12:12):

Yes.

Ms. Pidari (06:12:12):

With the ruler, right?

Ms. Cox (06:12:12):

Yes.

Ms. Pidari (06:12:13):

And what is that telling us?

Ms. Cox (06:12:15):

Well, they're millimeters in size. So once again, because of their small overall appearance and their distribution, it's indicative of a stronger action that broke it into much smaller droplets than some of the other blood stains that we see on the other side of this bathroom stall.

Ms. Pidari (06:12:35):

So then we can go on to 17. Is that just a more zoomed-in photo of what we were just looking at?

Ms. Cox (06:12:40):

Yes, correct.

Ms. Pidari (06:12:41):

Okay. Any other relevant information from this slide that you haven't already discussed?

Ms. Cox (06:12:45):

No.

Ms. Pidari (06:12:46):

All right. We can go on to 18.

Ms. Cox (06:12:48):

Just really nice documentation from a different perspective using the measuring device. So I never complain when I get repetitive photographs. It's just, it really helps with my analysis, the more photographs that I have.

Ms. Pidari (06:13:02):

All right. So did you review the next slide we can talk about, which is Slide 19, a DNA report from July 16th of 2024, which identified a swab from the north wall identified as Steven Cozzi being a contributor?

Ms. Cox (06:13:18):

Yes, I did receive that DNA report.

Ms. Pidari (06:13:20):

Okay. So let's move on. All right. Before we move on, why is that relevant? Why did you put that in your PowerPoint?

Ms. Cox (06:13:29):

That was relevant because I had identified the blood on the north wall and the blood on the east wall near the northeast corner as being impact spatter, which would be consistent with a bloodletting event to liquid blood and having a representative stain coming back to being Mr. Cozzi would be an association of the injury being inflicted possibly to him.

Ms. Pidari (06:13:48):

So before we talk about the east wall in the stall, you mentioned the representative stain. So is it common that every single blood droplet is tested for somebody's DNA?

Ms. Cox (06:14:02):

No. And actually that's one of the benefits of being an instructor and teaching a basic blood stain class. One of the things that I really focus on as do my other colleagues that do instruct as well is it is crucial for you to understand why you're documenting what you're documenting. So when you see an area of a pattern and you put a scale in it, you don't need to swab that entire area. You can take a representative sample because that's from a singular action. So working in the field of forensics, we're trained to do that in order to expeditiously collect evidence that can be eventually tested. And having seven stains from one pattern doesn't yield any more probative value than having one stain from the area that we had tested if we are able to associate it with it being a single-action event.

Ms. Pidari (06:14:58):

Okay. Thank you. All right. So east wall in the stall. Go on to the next one. So this is Slide 21 for the record. What are we looking at here?

Ms. Cox (06:15:07):

So once again, one of the key components of this is its proximity to the smaller blood stains on the north wall. So the smaller blood stains on the north wall are over in this general area. Well, now you're starting to see a series of blood stains over here on this wall, which I've... that's my yellow circle that I put in there, just to be able to draw the viewer's eye to show the proximity of the area we just discussed. This over here are closeup photographs of those particular blood stains. Now the distribution is not nearly as dense as we saw the smaller stains, and these are a little bit larger, which I'm actually not surprised about because what I can really tell from the closeup photographs is you can see that these also have the pinkish, milkish, whitish color to them as well. So they're mixed with a gelatinous material as well. And that is important for me to consider when, what if I'm posed with the questions where, well, if this is a spatter event involving an individual, why is there such a discrepancy in size? Well, the scene-specific variable was the fact that this is mixed with a gelatinous material where the ones over here were not. So that would be a way for me to be able to say, okay, this is not alarming. I understand why these stains may be a couple millimeters larger.

Ms. Pidari (06:16:28):

Okay. And before we move on to the next one, I see you picking your foot up, trying not to trip over that cord. I was doing it earlier. Can we scoot it up just a little bit because she keeps moving around? I don't want you to trip.

Ms. Cox (06:16:36):

I agree.

Ms. Pidari (06:16:41):

Just a little bit. Is that better?

Ms. Cox (06:16:42):

Yes.

Ms. Pidari (06:16:42):

Can you see that okay still, Judge? No? Do you want me to angle... Oh.

The Judge (06:16:45):

All right, that's good.

Ms. Pidari (06:16:46):

That's good? Okay.

(06:16:48)
And Dr. Kosowski, can you see that okay?

Dr. Kosowski (06:16:49):

I was going to take a minute. Yeah.

Ms. Pidari (06:16:50):

Okay.

Ms. Cox (06:16:53):

We can move it back. I'll just extend the pointer. [inaudible 06:16:59]

Ms. Pidari (06:17:00):

Is that okay?

Dr. Kosowski (06:17:02):

Yeah.

Ms. Pidari (06:17:03):

Yeah? Okay. All right. So then let's move on to Slide 22. Okay. So what are we looking at in these photographs and why was it relevant to your analysis?

Ms. Cox (06:17:15):

Okay. So one of the dynamics that drew my attention to the smaller blood stains that were on the exterior frame for the door, on the non-hinged side of the door, and the blood stains that presented themselves as spatter on the tile and on the wall in the corner, none of those exhibited what I considered to be post-incident alteration. Well, now as we start to move further down into the bathroom stall, as we're moving further towards basically where the toilet is, now I'm starting to see dynamics and characteristics that are telling me that some of this blood after deposition has been altered. And what was also relevant is the fact that... A scene-specific variable that is relevant in this case is you can also see that there is discoloration to this wall. So the proximity of the discoloration to the wall in proximity to the alterations by dilution that I see to these blood stains has allowed me to render the opinion that after deposition, there was an introduction of another liquid to some of this blood in this bathroom stall.

Ms. Pidari (06:18:27):

So when you're saying that there's evidence of dilution and alterations and there was some type of liquid, could that have been some type of cleaning product?

Ms. Cox (06:18:36):

I absolutely cannot exclude it because one of the tangible pieces of evidence that I read in multiple law enforcement reports was they smelled the strong smell of a cleaning solution. So even though that was a written word in a report, that is still considered to be tangible evidence because it is directly related to physical evidence.

Ms. Pidari (06:19:00):

Okay. All right. So we can go to Slide 23. Oh no, I'm wrong. Slide 24. No, 23? Where was I?

Ms. Cox (06:19:06):

Yes.

Ms. Pidari (06:19:06):

Am I right?

Ms. Cox (06:19:06):

Yes.

Ms. Pidari (06:19:06):

Okay. Slide 24. Tell us what we're looking at here.

Ms. Cox (06:19:11):

So these are just closeup photographs of the blood that is on basically the two-tiered tile here, as well as you can see some of the blood on the wall above where the tile has been adhered. And you can also see the relationship of the change in color to the paint on the wall. So you can see here that these stains are exhibiting what's called dilution. So their color consistency is altered. Some areas of the blood stains appear to be broken. Some of the blood stains appear to be lighter in appearance than other areas. So it was consistent based on all of that tangible evidence I just discussed that there was the introduction of some type of liquid to this area, which altered the original apparent blood stain.

Ms. Pidari (06:20:03):

Okay. Let's go on to Slide 24. What is this a photograph of?

Ms. Cox (06:20:07):

So this is an overall mid-range photograph of the back corner of the bathroom. And what was of interest to me was, A, there's a grab bar that's attached to the east wall, but there's also the tile continues all the way to the back of the bathroom stall and all the way around behind the toilet. And there is a singular swipe pattern that is on the tile, excuse me, on the wall above the tile. And that was interesting because that stain's kind of off by itself. And the fact that it was a swipe pattern is consistent with an item already being contaminated with wet blood coming into contact with that area of the wall and showing movement. So this is not a static deposition either. This is a deposition of an item contaminated with blood and it's moving when it makes contact with the wall. Then as you come over here to the toilet, the secondary confirmation that there is movement as opposed to this being completely static is you have various blood stains and patterns on the toilet. What's interesting about it is it's all low. So it's all on the bottom of the lid, the front of the basin and on the actual base of the toilet basin itself. And you're seeing what's of interest is you have swipes and transfers. So you have different types of deposition, some showing movement, some showing deposition and then removal. So this is just, as the analysis continues, my interpretation is leading me once again that this is a dynamic situation. This is not immediately just static.

Ms. Pidari (06:21:54):

And you said that these swipe and transfer patterns were located low to the ground or not very high up. Why is that relevant?

Ms. Cox (06:22:04):

Because whatever item is contaminated with blood is either very close to or on the floor.

Ms. Pidari (06:22:11):

Go to Slide 25. What are we looking at here?

Ms. Cox (06:22:15):

So these are just closeup photographs with scale documenting that you can see what's interesting. So when I spoke earlier about the floor itself being a challenge because, A, it was dark in color, and B, it had the raised pattern, this wall is also a mildly textured wall in the bathroom. And what's interesting is when you look at these closeup photographs, you can actually see that this diluted blood is actually down inside the crevices of the slight texture. But if you look at the areas of the wall that protrude out from the valleys or the indentations, there's no blood on them. That was relevant. Also what's relevant is you can physically see in this photograph where some of the spray paint has been basically removed showing the blue underneath. So that's an example of not only understanding how the blood is reacting with the surface, but also taking into consideration other scene-specific variables that appear to be directly related to this incident as well. So that's why we do the marriage of the two.

Ms. Pidari (06:23:23):

Okay. Next, we can move on to Slide 26. What are we looking at?

Ms. Cox (06:23:28):

So these were areas of blood stains that are sporadically distributed. Some are diluted, some are not, but they are also once again in proximity to the area of the wall that show discoloration. So this is just, again, giving a demonstrative of the blood stains and patterns as they present themselves in relationship to each other.

Ms. Pidari (06:23:54):

Okay. Move on to 27. What are you looking at?

Ms. Cox (06:23:57):

So this is the towel bar, or excuse me, the grab bar that's on the east wall next to where the right side of the toilet is. Once again, you can see this is diluted blood right here, right next to the edge of the towel bar. And then behind the towel bar, you have these blood stains here. You can actually physically see where the actual bar itself protrudes out. So this is the actual frame that's attached to the wall. So that would be this part of the grab bar. So you do have some blood stains back here behind the bar, which just once again shows that the distribution is... There's multiple contacts going on in various areas inside this stall.

Ms. Pidari (06:24:43):

Okay. All right. We can move on to 28. All right. So why is this relevant to your analysis?

Ms. Cox (06:24:49):

So this would be the swipe pattern that's back in the corner behind the toilet and you can see it shows movement and it also shows irregular blood deposition. So you have movement and then you have a little bit of a heavier blood deposition here in the center of this swipe pattern. And that's just once again showing that that deposition occurred from a item that's contaminated with wet blood and it moves across the wall in that area.

Ms. Pidari (06:25:15):

So another swipe?

Ms. Cox (06:25:17):

Correct.

Ms. Pidari (06:25:17):

And it's low to the ground as well?

Ms. Cox (06:25:19):

Yes. It's right above the tile.

Ms. Pidari (06:25:21):

And again, why is that relevant?

Ms. Cox (06:25:23):

Because whatever the deposition... Whatever the item was that deposited it would be low to the floor.

Ms. Pidari (06:25:29):

Okay. Okay. We can move to 29. All right. Why are these photos relevant to your analysis?

Ms. Cox (06:25:35):

So these are just the confirmation photographs of what I've been discussing about that there is some dynamic movement back here near where the toilet is in this back corner, because not only do you have multiple depositions of blood, some are swipes, some are transfer, and some have characteristics that indicate dilution. So once again, this is not a static activity and the dilution, especially to the edge of this toilet lid would be consistent with having contact with another liquid.

Ms. Pidari (06:26:08):

All right. And is there more blood that's even lower to the ground than this in your next slide?

Ms. Cox (06:26:11):

Yes.

Ms. Pidari (06:26:12):

All right. So let's look at Slide 30.

Ms. Cox (06:26:15):

Yes. So the yellow areas, or excuse me, arrows, I put in there myself to show these small stains that are on the actual base of the toilet basin down here. And what's interesting is these stains are on the same side as the swipe that is over here on this wall. So there is possibly some connectivity to distribution in this particular area, but once again, they are low on the base of the toilet.

Ms. Pidari (06:26:39):

What type of connectivity could this be?

Ms. Cox (06:26:41):

That there was a person or item contaminated with blood in this particular area as well as other areas within this stall.

Ms. Pidari (06:26:48):

Okay. So we can go to 31. What are we looking at here?

Ms. Cox (06:26:53):

This is a diluted stain that is actually on the opposite side of the toilet base, which is interesting because it exhibits significant characteristics of dilution. So that's just another indication that another liquid was introduced to the blood.

Ms. Pidari (06:27:07):

What significant characteristics can you tell contributed to dilution?

Ms. Cox (06:27:13):

The fact that it has a pinkish appearance to it in certain areas. The blood volume for the distribution is inconsistent and it again becomes fainter as the stain continues and it just has consistencies that is not consistent with just true blood deposition. There is the introduction of another liquid with this particular blood stain.

Ms. Pidari (06:27:39):

All right. So let's move on to Slide 32. And it looks like we're kind of focusing more so on the top of the toilet and what was on the top of the toilet. Why was this relevant to your analysis?

Ms. Cox (06:27:47):

So this became important because there were areas on the floor that we'll see in a couple slides where there was tissue that appeared to be saturated with diluted blood, like small remnants of tissue, like sporadically scattered on the floor and areas of blood stains. What was interesting to me was on the toilet tank lid, you can see there's a roll of toilet paper. Behind that roll of toilet paper, so on the back side of the toilet tank lid is this diluted blood stain. But what's also interesting is when you take that diluted blood stain and you also look at the top area of this particular toilet roll, it looks like it has diluted blood on top of it.

(06:28:29)
So the proximity of these items was interesting to me, especially the fact that the minimal amount of diluted blood on this toilet paper roll, there's no blood up in the air that's going to deposit itself on the top of this toilet roll if it's just sitting on the lid of the toilet. So that just is indicative to me that that deposition either occurs and that toilet paper roll is put back on the toilet lid or it comes into contact in another area and is placed back or something that has diluted blood on it makes contact with the top of the toilet paper roll. But what's interesting is these items are kind of off by themselves back here. And the fact that this swipe pattern is behind this toilet roll was of interest to me as well.

Ms. Pidari (06:29:14):

And you mentioned little pieces of tissue, so let's move on to 33. Is this what you were referring to?

Ms. Cox (06:29:21):

Yes. So we talked about the walls and the tile and the lower portion of the walls and tile in the bathroom. But as you can see, scattered on the floor in the same corner where I identified impact spatter are small slivers or small pieces of what appear to be tissue. And what was interesting is I was immediately then drawn to what was going on right here. And that goes back to what I stated earlier was there's areas in this bathroom where there's blood inside the grout between these numerous small tiles that protrude up, but you'll see some of the tile doesn't have blood on the top of it. There's blood down in the grout, but not on the top.

(06:30:09)
Well, one of two things would cause that. A blood source is laying there bleeding and by just following the topography of the floor, the blood has settled in the grout lines and settled out. Or there was blood in this area and the blood that was on top of the tiles was removed, but the blood within the grout lines were not. Now what was of interest to me was when I talk about one of the mechanisms I had to consider was pooled blood. Well, pooled blood is passive by its nature, which would be an individual who's bleeding is just allowed to bleed freely on that area. So what happens is, is the blood follows the topography in a relatively uniform way of that particular area. That's not the dynamics that I saw here. What I saw here was sporadic, what appeared to be movement of the blood, would be consistent with possibly being removed by wiping.

Ms. Pidari (06:31:12):

All right. So then 34, is that the same tissue or at least more tissue than we were talking about?

Ms. Cox (06:31:20):

Yes. And what's of interest is this tissue right here has more blood staining on it than some of these over here. And if you follow this area right here, you can actually see where there appears to be blood in the grout lines and various areas. So one of the ways that I excluded the pooled blood option is because there's distinct areas where there's no conductivity between these areas of blood and they're very randomized. And what's interesting is you have the blood, some of which is diluted, down inside these grout lines, but you don't have blood on the top of the tiles, which would be consistent with alteration after deposition.

Ms. Pidari (06:32:05):

All right. And so the next slide, 35, is that just a closer version or a closeup photo of the blood-saturated tissue and then the pattern that you saw on the floor?

Ms. Cox (06:32:18):

Yes. And what's also nice about this photo is it brings in the conductivity of the other areas of the bathroom that are not on the floor that showed indications of alterations due to dilution. So not only are the individual stains in one particular area important, once again, their relationship to each other is also important. And once again, you can see right here in this corner, that's where we also have some of the discoloration to the wall. So this particular area showed significant alterations.

Ms. Pidari (06:32:50):

And this is about as low you can get, right? You were talking about on the walls, it was lower to the ground, but now we're on the ground with this-

Ms. Cox (06:32:57):

Correct.

Ms. Pidari (06:32:57):

This blood, right?

Ms. Cox (06:32:58):

Correct.

Ms. Pidari (06:32:58):

Okay. And that's consistent then with the bloodletting event being low to the ground?

Ms. Cox (06:33:04):

Yes.

Ms. Pidari (06:33:05):

Okay. All right, so we can go to 36. Why were these photographs relevant to your analysis?

Ms. Cox (06:33:13):

So now, because there was a slight slope that leads to the actual drain itself, there are some blood stains and patterns over here that are closer towards the drain line. So the toilet's over this particular area, this is the drain line that's actually under the stall wall that separates the bathroom stall from the urinal. And there are transfer stains and there are some swipe stains on this particular area of the floor, which once again is just indicative of movement and it's indicative of movement in proximity to the drain.

Ms. Pidari (06:33:49):

Okay. So then we'll move on to the stall wall next to the urinal and floor drain in front of the urinal. So on Slide 38, what are we looking at and why was this relevant to your analysis?

Ms. Cox (06:34:02):

This is the exterior side of the toilet stall wall that is adjacent to the urinal. And what was of interest to me, and I have to say I spent a lot of time on these stains because, A, they're kind of off by themselves. B, there's a series of them. C, some of them show directionality traveling downward and some of them also appear to be mixed with a gelatinous material. So I had all these dynamics in this particular area of bloodstains on this particular wall. So due to the dynamics of this particular case, this particular incident, I wasn't able to rule out a spatter event that occurred in this proximity or if that's castoff from an item that has blood on it. And because I didn't have enough information to exclude either, I included them both. But if this is in fact a spatter event, that would indicate that Mr. Cozzi was in proximity to this wall and the amount of energy that distributed these particular bloodstains was not as strong as the energy that distributed the bloodstains by the floorboard inside the toilet stall. And that's because these are just larger in size. And if they're castoff instead of being spatter, then what it is it's an item contaminated with Mr. Cozzi's blood that has been swung in this area. So I cannot exclude either of those. I need to be respectful of when I need to pull back a little bit on my opinions. So I had to include them both.

Ms. Pidari (06:35:44):

Include them both. Okay. So then we can go on to Slide 39? Yes, 39. What is this and why is it relevant?

Ms. Cox (06:35:55):

So these are the bloodstains that I was just talking about. So there's a mid-range photograph with the scale, and then there's a closeup photograph-

Ms. Cox (06:36:00):

... mid-range photograph with the scale. And then here's a closeup photograph with the scale. And here you can see the defined tails that are traveling down. There's also a series of smaller stains adjacent to these that demonstrate directionality traveling downward. So if this is in fact something contaminated with Mr. Cozzi's blood being swung, it's being swung in a downward motion. And if it is in fact an impact without as much energy as what we saw on the bathroom stall, the blood is still traveling downward, which put Mr. Cozzi in proximity to this particular area, just above the bottom of the door itself.

Ms. Pidari (06:36:40):

So directionality is downward. Is there additional blood located on the floor right next to that spot?

Ms. Cox (06:36:48):

Yes, there are drip stains that are on the floor underneath the urinal and there are also some drip stains that are in proximity to the drain, which is right in front of the urinal.

Ms. Pidari (06:36:59):

And I think that's your next slide. It's Slide 40, I think it is.

Ms. Cox (06:37:00):

Yes.

Ms. Pidari (06:37:00):

Okay.

Ms. Cox (06:37:03):

So you have some drip stains that are here underneath the urinal. This one has been altered. And what's interesting is that this one also appears to have a gelatinous material mixed in with it as well. And that's just a closeup of it with scale on the floor. And that yellow arrow is mine.

Ms. Pidari (06:37:21):

Okay. So let's go on to 41. All right. Talk to us about this.

Ms. Cox (06:37:28):

So the photograph in the upper left corner is a general photograph identifying where the partition for the stall to the bathroom is in relationship to you can see the base of the urinal. And where you can see on the floor, the proximity of the drain to those particular areas as well. And then you have mid-range photographs showing some drip stains that are on the floor in proximity to the drain. And around the drain was diluted blood that was in the grout lines of the drain and the DNA report identified Mr. Cozzi as the contributor to that.

Ms. Pidari (06:38:06):

So the top left photo B-59101-0297, that one captures a piece of tissue, right? Or some type of paper?

Ms. Cox (06:38:16):

Yes.

Ms. Pidari (06:38:17):

Okay. So let's move on to 42. Is that just a closeup version of that area?

Ms. Cox (06:38:22):

So this is just the same general area demonstrating that there are blood stains and patterns that are in various locations within this small area, which once again would be indicative of this is not just a stabbing, that there's movement going on in the bathroom.

Ms. Pidari (06:38:40):

So then Slide 43, what are we looking at?

Ms. Cox (06:38:45):

So this would be an example of how the actual tile itself has disrupted the general appearance of the drip stain because you can see here how the small tiles are elevated. But these are just drip stains that are over here in proximity to now we're moving closer towards the vanity. And what's interesting as we move from the bathroom stall and the bathroom floor and that area next to the urinal, now the blood is starting to be a little bit more sparse. Now we're starting to see less blood stains and they're starting to exhibit more characteristics of dilution. So that's another thing that also indicates that there is movement because as we're moving from the stall and the urinal area towards the door, by the time we get out into the atrium area, there's no blood except on a paper towel.

Ms. Pidari (06:39:42):

So then Slide 44, is that just kind of moving towards the vanity again with the same blood pattern that we saw on the last slide?

Ms. Cox (06:39:49):

Correct. And these are drip stains and they're more sparse in distribution.

Ms. Pidari (06:39:54):

All right. So you say we're making our way towards the vanity. There was a small partition wall between the vanity and the urinal. So focusing on Slide 46, what are we looking at and why was this relevant?

Ms. Cox (06:40:05):

So the top left corner photograph is the actual partition wall that separates the urinal from the sink, from the vanity area. And if you look immediately down from... So if you were to look straight down like this way, that's what this photograph is. You can see these series of drip stains that are over here in proximity to the actual side of the vanity. And then these are just more photographs with the measuring device.

Ms. Pidari (06:40:31):

And what does this tell us here?

Ms. Cox (06:40:33):

That an item contaminated with wet blood was dripping blood in this particular area of the floor.

Ms. Pidari (06:40:43):

Okay. So then let's focus on the bathroom wall, Slide 48 specifically. These are photographs of the different paper towel holders with the paper towels in them. So why did you include this in your analysis?

Ms. Cox (06:40:55):

Because there's no visible blood on the vanity. The blood stains and patterns that were in the stall and by the urinal, once again, now I'm starting to see more sparse distribution and now the stains are more passive drip stains as we're moving forward. And then all of a sudden you have these two swipe marks on the wall underneath the paper towel dispenser and they're diluted. So I though, okay, well, this blood has been mixed with a liquid and has come into contact with this part of the wall. And one of the scene specific variables is the fact that this is a paper towel dispenser. So then, logically, the next place you look is in the receptacle for discarded paper towels.

Ms. Pidari (06:41:42):

So let's do that. Slide 49, talk to us about this.

Ms. Cox (06:41:46):

So that is the receptacle trash container that is immediately below those paper towel dispensers. And there are paper towels mixed in. There are paper towels that have diluted blood stains on them that are mixed in with other paper towels that don't. And then the paper towels that had diluted blood on them were subsequently collected, one of which was sent off for testing and did test with Mr. Cozzi as a contributor.

(06:42:14)
Then the other thing I noticed was on the next slide on the interior of the actual trash can itself, there's diluted transfer blood stain on the interior of the plastic. Now, once again, this would indicate that an item contaminated with wet blood mixed with another liquid has come into contact with these paper towels and this receptacle bag.

Ms. Pidari (06:42:39):

So then was there blood located on the floor in that area?

Ms. Cox (06:42:45):

Yes. So as the transition from the vanity towards the door that leads from the bathroom into the atrium, there was still some random areas of blood on the floor, not as much as that I saw on the bathroom stall, but there was still some areas and that actually became more visible after the application of a chemoluminescence chemical.

Ms. Pidari (06:43:11):

And that for the record was Slide 52. 53, is that just a closeup of that?

Ms. Cox (06:43:15):

Correct.

Ms. Pidari (06:43:16):

All right. Before we move on, the photos that we've just gone through, those were forensic photos by the Pinellas County Sheriff's Office, right?

Ms. Cox (06:43:23):

Correct.

Ms. Pidari (06:43:24):

So those would've been prior to any alteration, so prior to any collection of like a swab to collect the blood or photo markers, moving anything around, right? That's how it was when they got there, essentially.

Ms. Cox (06:43:37):

Yes. And they document in their report when they collect their swabbings and when they do their testing and presumptives and all that.

Ms. Pidari (06:43:43):

All right. So then let's move on to Slide 54. Now we have photo markers down and what are we looking at?

Ms. Cox (06:43:51):

So this is a customary, a very widely accepted form of documentation where you apply photo markers, tents, placards, different agents call them different things. And what it does is it identifies areas that the technicians themselves have found of interest. And what it does is it helps people who are going to be reading through these files have a better descriptive example or explanation as to where specific areas of blood stains were collected from. So this is very customary, very, very common tactic.

(06:44:25)
So the other thing is that also allows me to see in the reports when they say I tested areas so-and-so through so-and-so, the following tested positive for the indication of blood and phenolphthalein, I know the general area they're swabbing from. And that helps me be more specific with my analysis and my interpretation.

(06:44:46)
So in the reports that I read, the areas that are identified by photo placard seven through 12 tested positive with phenolphthalein. And then the sample from Area 10, which is actually physically inside the bathroom stall did go on for serological testing and Mr. Cozzi was a contributor.

Ms. Pidari (06:45:07):

All right. So again, you don't have to test every single spot. It's a representative sample of that pattern, right?

Ms. Cox (06:45:13):

Correct. And it is also very customary to send a representative sample from different areas. So there was the bathroom wall, there was the side of the partition between the toilet and the urinal, there's the floor, that's very customary.

Ms. Pidari (06:45:29):

Okay. So then let's make our way to the bathroom door. 56, these are photos of the bathroom door from the inside of the bathroom and the handle. So can you talk to us about these photos and why they're relevant to your analysis?

Ms. Cox (06:45:44):

Because the transfer blood stains that are diluted are only on the handle.

Ms. Pidari (06:45:49):

Okay.

Ms. Cox (06:45:50):

So that would be consistent with... I cannot exclude the action reaching for the door handle to open the door.

Ms. Pidari (06:45:59):

Okay. And you can't exclude the action of reaching for the door handle and opening the door, but does that necessarily have to be Mr. Cozzi who was opening the door? Could it be somebody who got their blood on it and opened the door through transfer?

Ms. Cox (06:46:09):

That would be somebody who would be mixed or have the contamination of Mr. Cozzi's blood on their person.

Ms. Pidari (06:46:16):

All right.

Ms. Cox (06:46:17):

It doesn't physically have to be his person.

Ms. Pidari (06:46:19):

So in addition to the photographs that document the blood, did you also review photographs where luminol or Bluestar was applied?

Ms. Cox (06:46:29):

Yes, to the bathroom.

Ms. Pidari (06:46:30):

And why is that, before we talk about each of these, why is that relevant to your analysis separate and apart from looking at the individual blood stains?

Ms. Cox (06:46:39):

It's just one additional possible confirmation for post-incident alteration due to another liquid being applied. So all of the things that I've already discussed, the randomness of some of the stains, the disruption to the paint, the dilution to the blood stains on the wall, the fact that only some of the bloodstains were diluted but others didn't show alterations, that had already given me the indication there appears to be post-incident alteration. Diluted paper towels, diluted tissue. All of that is consistent with post-incident alteration.

(06:47:12)
But the one just additional thing is the application of a Bluestar luminol, which is a very common chemical that is used to attempt to locate such things as degraded blood or blood that was present, but has subsequently been removed. And the application showed very vibrant luminescence.

Ms. Pidari (06:47:37):

All right. So we're looking at, for the record, Slide 58. There's luminescence both on the floor in front of the toilet as well as the east wall next to the toilet and also close to the grab bar handle next to the toilet. So what is all of that indicating with the luminescence?

Ms. Cox (06:47:55):

That luminescence is consistent in being in areas of where I saw visible indications of a possible cleanup. This is now showing me areas that I couldn't visibly see. So this is just confirmation of the post incident alteration. So I have it both visually and now I also have it due to the application of a chemical in areas that I didn't originally see any remaining blood stains.

Ms. Pidari (06:48:21):

So what will make luminescence? What will cause this luminescence to appear?

Ms. Cox (06:48:27):

Luminol/Bluestar can react with metals, can react with plant peroxidase, can react with blood, and also can show indications with cleaning products. So it is commonly known to have those reactions.

Ms. Pidari (06:48:44):

Okay, thank you. All right. So let's move on to Slide 59. And why are these photos relevant to your analysis?

Ms. Cox (06:48:54):

Well, it's just confirmation that there was more blood on the grab bar than I had originally seen because it luminesced, so I can see that there's more blood on the grab bar. But what I think was of most interest was how dynamic and vibrant the luminescence is at the end of the bathroom stall in relationship to the spatter stains. So this would be consistent. And once again, you can see that the luminescence encompasses areas even more so than what I visually could see randomly on the floor.

Ms. Pidari (06:49:25):

Okay. So then let's move on to Slide 60. This is luminescence of both the interior toilet stall door as well as the north wall outside of the toilet stall. So why is this-

The Court (06:49:39):

Ms. Spadaro, we've been going a long time.

Ms. Pidari (06:49:40):

Yeah.

The Court (06:49:42):

I've been waiting for a good time to stop and there wasn't one. And there's a whole lot of time that has passed. So let's take a 15-minute break.

Ms. Pidari (06:49:49):

Yes, Your Honor.

Speaker 13 (06:49:49):

All rise.

Speaker 14 (06:49:49):

Court is back in session.

Judge Joseph Bulone (07:09:23):

All right, you can be seated. All right. They're going to have to fix it after court, so we just have to live with whatever noise there is, which you heard.

Ms. Pidari (07:09:28):

Oh, no. Okay. Got it.

Judge Joseph Bulone (07:09:29):

Okay. All right.

Ms. Pidari (07:09:30):

Thank you.

Judge Joseph Bulone (07:09:30):

So you may continue.

Ms. Pidari (07:09:31):

Thank you. We just move this a little bit closer so that it can be heard through the record. All right. So. Ms. Cox, we stopped on slide 60. I don't think we explained it yet. So what is the relevance to this slide in these photos?

Ms. Cox (07:09:47):

So the relevance of these slides is twofold. This is additional documentation after the luminol BLUESTAR has been applied. Now, the reason that these were significant to me is where the actual luminescence is on the interior of the door, as well as where the luminescence is on the north wall and the area of this particular frame of the door. So when I testified earlier, I was speaking about how there were a couple random stains that were over here, but I really didn't see anything else on this door. And then there was a transfer stain and a swipe stain that's above the door handle here. Well, it all made sense after I saw the luminescence, because as you can see, there's luminescence on this part of the door, which would possibly indicate that this door may have been in the open position, which would have shielded this particular part of the wall from receiving any blood stains while some of the dynamic situation was occurring down here at this end of the toilet stall.

(07:10:50)
So seeing these particular luminescence photographs just allowed me to indicate that the door was possibly open during some of it, which would explain why I don't have a blood deposition here. I don't have blood deposition on the back of the door. I only have it down here and on the interior non-hinge side of the door and then the luminescence on the interior of the door. So that just is an example of how going through the progressions of all the photographs and taking in consideration all the physical evidence allows me to progress through my analysis.

Ms. Pidari (07:11:25):

Okay. So let's move on to 61. Now we're looking at the urinal where the drain is located on the floor, as well as the partition next to the urinal and the vanity. So what are we looking at here and why was it relevant to your analysis?

Ms. Cox (07:11:37):

This was also relevant because on this side of the partition wall that would be to this side of the urinal, this area indicated heavy luminescence as well, which also supported the fact that I still had some blood stains and patterns that were on the floor here that were drip stains. So it's basically showing some continuity between areas of blood stains and it's also showing that there was obvious disruption and post-incident alteration to some other preexisting blood stains. So all it does is it just gives me a better idea that this is a dynamic situation and there are post-incident alterations.

Ms. Pidari (07:12:20):

So then let's move on to slide 62. It's okay. So slide 62, what are we looking at and why is it relevant?

Ms. Cox (07:12:31):

The slide 62 is the luminescence on the floor of the bathroom as you're approaching... It's basically between the vanity and the entrance door to and from the bathroom. You're starting to see areas of luminescence where it appears that some of the blood was preexisting and had subsequently been removed.

Ms. Pidari (07:12:52):

All right. So now before we move on to the next slide, is this kind of the end of your analysis as it relates to the interior of the bathroom?

Ms. Cox (07:13:00):

Correct.

Ms. Pidari (07:13:00):

Photographs wise. Okay. So you had mentioned earlier in your testimony that there was blood on the outside of the bathroom door. So let's talk about that. Slide 64 specifically, let's talk about what we're looking at here.

Ms. Cox (07:13:16):

So this is the diluted swipe pattern. So this would be blood that's mixed with another liquid, has come into contact with the exterior of this door and it is showing motion. So that's what makes it a swipe more so than just a transfer. And the overall appearance and distribution of the blood, the faint pink color, the inconsistency in blood deposition is once again consistent with it being mixed with another liquid as it's being deposited on this particular door and it is showing relative motion. So the interesting thing about this for me as well was the DNA testing indicated that Mr. Cozzi and Dr. Kosowski were contributors to this sample.

Ms. Pidari (07:14:00):

All right. So we're talking about a swipe pattern, the motion on this door. So I just want to make sure I understand. Is it possible that Mr. Cozzi's blood was on the arm or the hand of somebody else or presumably Dr. Kasowski, that's another contributor, and it's swiping across the door with his arm or his hand? Is that possible?

Ms. Cox (07:14:20):

Yes, that's consistent.

Ms. Pidari (07:14:21):

Okay. So let's move on to, you talked about some paper towels, slide 60, or a paper towel, excuse me. That is slide 65 and it is on the outside of the bathroom on the floor next to that box. So let's talk about that and why it's relevant.

Ms. Cox (07:14:36):

So that is a paper towel and the relevance of that is I cannot exclude that that paper towel came from the paper towel dispenser inside the bathroom based on the other dynamic and scene specific variables of this case, including diluted blood stains on paper towels in the trash receptacle. So that's one of the first relevant things. The other relevant thing is that this piece of paper towel is outside of the bathroom. There's no other additional blood outside the bathroom with the exception on the door that we just talked about, that swipe on the door. And thus that would mean that this blood deposition on this paper towel occurred prior to it coming to rest outside the bathroom. And what's relevant of that is the DNA testing which identified Mr. Cozzi and Dr. Kosowski as contributors. And that was two separate DNA reports.

Ms. Pidari (07:15:23):

Two separate DNA reports. Okay. So then after you analyzed now the outside of the bathroom and the inside of the bathroom, were these all the photos that you've relied on to form a conclusion which we'll talk about later for the bathroom?

Ms. Cox (07:15:38):

Well, I relied on all the photos I received, but these are the ones that best outline and are demonstrative to my conclusions as far as visually what I came to in my report.

Ms. Pidari (07:15:50):

It's a way better way of how I just said it. So I understand. All right. So then let's move on to the vehicle two that you labeled, which would be the Toyota Tundra. Slide 67, what are we looking at here?

Ms. Cox (07:16:04):

So this is the residence on, I believe it's Seaview Drive.

Ms. Pidari (07:16:08):

511 Seaview Drive?

Ms. Cox (07:16:09):

Yes.

Ms. Pidari (07:16:10):

Okay.

Ms. Cox (07:16:10):

And this is an overall photograph that was taken by the Pinellas County Forensics section of, this is the garage area of this, I believe it's a two-story residence. There's a garage and then the upper living quarters above the garage. And so that is just a photograph of the garage bay door open, the condition of the Tundra as it presents itself in the garage. And then this photograph is just a photograph down inside the actual truck bed.

Ms. Pidari (07:16:38):

Okay. So let's move on to slide 68. Another picture of the Tundra. Why was this photograph highlighted for demonstrative purposes?

Ms. Cox (07:16:48):

It gives just a general overall view of the construct of the truck. It also gives you an overall idea of the surfaces itself. So you can tell that some of the surfaces are smooth, some are textured. And you also do have that this truck has obviously been used. There's been items placed in and out of the bed of this truck as it shows some damage and it shows use. So that's relevant when I'm trying to analyze the blood stains and trying to see if the surface has any influence on the distribution of the blood.

Ms. Pidari (07:17:21):

All right. So then let's talk about slide 69. There's two photographs on this slide, one that you have a box around. So are we looking at presumptive blood here?

Ms. Cox (07:17:31):

Yes. So this was a difficult surface. A, it's a dark surface as well. And B, not only are there varying textures and the truck bed has been used, but there's also varying heights and depths and valleys and hills of the construct of the bed liner. So all of that needs to be taken in consideration when I'm identifying the blood stains and patterns. And once again, I did receive these photographs on digital media, so I was able to zoom in on them and that's why I was able to place this yellow square to identify the general location on a photograph that is more of a distance photograph. And then of course, as the technician progressed with the photographs, they progress closer and closer, which is a very uniform way of documenting scenes.

Ms. Pidari (07:18:17):

I'm sorry. So this blood pattern that we're looking at here on this specific surface, what is it?

Ms. Cox (07:18:24):

I identified them as transfer stains.

Ms. Pidari (07:18:26):

Transfer stains. Okay. So then let's move on to slide 70. And so these are two other photographs of the tailgate of that truck where the blood was located and also one that has a scale for forensics. So talk to us about this slide.

Ms. Cox (07:18:42):

So this just documents a little bit closer the overall appearance of the blood stains and it also documents them with a measuring device with the scale showing the relative size. And I did receive a DNA report that a stain from the tailgate had been tested serologically and came back to being Mr. Cozzi's.

Ms. Pidari (07:19:03):

Okay. Now moving on to slide 71, what are we looking at here?

Ms. Cox (07:19:09):

The same progression. I was able to view these digitally, so I was able to zoom in and then put the yellow box for demonstrative purposes as to where the general location of the blood stains are. And then I just identified them with the arrows because this is a challenging surface.

Ms. Pidari (07:19:27):

Although it's a challenging surface, is this a poor surface? It's lots of different... it's rough, right?

Ms. Cox (07:19:34):

Yes. It's rough condition and rough to deal with overall. So I had to pay, not that I didn't pay particular attention to everything, but I did, but I spent a lot of time looking at the photographs of this truck to make sure that I was respectful of all of those conditions I just described.

Ms. Pidari (07:19:49):

Okay. And these blood patterns that we're looking at here, are these also transfer stains?

Ms. Cox (07:19:55):

I identified them as transfer, yes.

Ms. Pidari (07:19:56):

Okay. So then let's look at slide 72. Sorry. Yes, 72. All right. So we're moving kind of towards the back of the pickup truck, the bed. What are we looking at?

Ms. Cox (07:20:10):

Correct. So this is also just the progression of me showing where the blood stains are from the overall through to the closeup photographs, but it is also demonstrating that there are multiple contacts with the bed liner and the tailgate of this truck. So that just indicates that an item contaminated with wet blood had contact with multiple areas in the bed of this truck.

Ms. Pidari (07:20:31):

All right. Let's move on to 73. Why are these two photos relevant?

Ms. Cox (07:20:36):

Same thing, demonstrating the location of them, which is different than the other previous areas we just discussed. And then also just close up with a measuring device to document the overall size of the bloodstain.

Ms. Pidari (07:20:47):

All right. 74, same concept?

Ms. Cox (07:20:50):

Correct.

Ms. Pidari (07:20:51):

All right. And 75.

Ms. Cox (07:20:55):

Now that is actually the passenger side, what I call the hump over the wheel, the encasement over the wheel. And there's also some blood stains on this particular side and in the crevice here, once again, detached from other blood stains within the tailgate, just indicating that there were multiple contacts.

Ms. Pidari (07:21:14):

All right. So then let's talk about the chemical processing of the garage floor that was under the vehicle in the garage after the truck was moved. So this is slide 77 for the record, and we see some luminescence on the floor. What is this consistent with?

Ms. Cox (07:21:32):

That's consistent with possible blood being in this particular area that reacted with the luminol BLUESTAR application.

Ms. Pidari (07:21:42):

Okay. And then slide 78, we see a little bit of a brighter luminescence, but you have a circle around the area and a different location of the garage, and you have some DNA results as well. So talk to us about this slide.

Ms. Cox (07:21:52):

So this would be after the application of the luminol BLUESTAR derivative and the luminescence is consistent with possibly being a blood sample. And serological testing was done on this with a combination contributor of Mr. Cozzi and Dr. Kosowski.

Ms. Pidari (07:22:11):

So then let's move on to the chemical processing inside of the Toyota Tundra, and I'm going to focus on slide 80. So it's consistent with the location of where you were documenting in the previous slides, but why is this helpful now that we have the luminol applied?

Ms. Cox (07:22:28):

So what's interesting about the luminescence in the bed of the truck and on the tailgate is in the photographs that I just saw where I identified specific blood stains with the yellow boxes, those areas didn't appear to show dilution or didn't appear to have post-incident alteration. Those were actual blood depositions that were throughout various areas of the bed of the truck. What was interesting to me about the luminescence that was documented in the bed and on the tailgate is that the luminescence, especially in the bed of the truck, you can see that it's somewhat larger than the very small stains that I had seen visually from the photographs, which could be consistent with blood being in the bed of the truck and more areas and having subsequently been removed such that I couldn't see the blood that was identified with the luminescence. I was only able to see the sporadic smaller blood stains that were scattered throughout the bed of the truck. So once again, it's just an indication of post-incident alteration.

Ms. Pidari (07:23:33):

Okay. So then slide 81, what's different about 80 to 81?

Ms. Cox (07:23:41):

These are just, they take a series of photographs, so I just want to be respectful of the fact that they have a series of photographs and I want to make sure that I articulate the fact that I do review all of the photographs and I wanted to make sure that in this photograph you can see more of the blood that's further on the passenger side of the tailgate.

Ms. Pidari (07:24:00):

Okay. So let's go to 82. What is the difference between this and the other two photographs that we saw?

Ms. Cox (07:24:06):

Just a different exposure.

Ms. Pidari (07:24:07):

Okay. So now let's talk about the last vehicle of Dr. Kosowski. So we have the Toyota Corolla, the red one. Going to slide 84, you have two photographs here. What are they depicting?

Ms. Cox (07:24:23):

So the first one is the general photograph of the contents of the trunk as it appeared when the forensic specialist began to document it. And then as items were systematically removed, there were two items that were removed that through documentation with photographs and through technician reports, identified areas of blood that tested positive with phenolphthalein. So those were the two items that I focused on, but first I needed to demonstrate where they were located within the vehicle and then show where they were on the items after they were removed.

Ms. Pidari (07:25:00):

Sure. And those two items that you're referring to, were those in the trunk of the vehicle?

Ms. Cox (07:25:04):

Correct.

Ms. Pidari (07:25:04):

Okay. So 85, and the two items you were referring to would be the ballistic vests, right?

Ms. Cox (07:25:12):

Correct. There was two. There was one, I believe this one is nondescript and then the other one had an EMT patch on it. So this is not the EMT patch one. This is the nondescript one. And there was a blood stain that was identified through documentation and presumptive testing in the report, and then serological testing was done and Mr. Cozzi was identified as a contributor.

Ms. Pidari (07:25:36):

And are you able to determine or to give an opinion about what type of stain this is?

Ms. Cox (07:25:42):

That's consistent with a transfer stain. So an item contaminated with Mr. Cozzi's wet blood had contact with that portion of the ballistics vest.

Ms. Pidari (07:25:49):

Okay. 86, that's that other EMS ballistics vest that was also located in the trunk that you were talking about. Is that where the area of blood is located on the top right shoulder?

Ms. Cox (07:26:01):

Correct. That was indicated as testing positive with phenolphthalein.

Ms. Pidari (07:26:05):

Through forensics, right?

Ms. Cox (07:26:06):

Correct.

Ms. Pidari (07:26:06):

Okay. So then 87, are these just close up photos of that EMS ballistics vest with the presumptive positive blood located?

Ms. Cox (07:26:16):

Correct. And then the overall size of the stain, it's a transfer stain as well with scale.

Ms. Pidari (07:26:21):

Okay. And then lastly, slide 88. These are photographs, it looks like, of luminescence on the interior of the trunk. So what are we looking at?

Ms. Cox (07:26:33):

So what was important about this particular photograph for me was this is obviously after the contents of the trunk has been removed, and this is after the application of the BLUESTAR luminol luminescenced chemical. So what was first interesting to me was the location of at least one of the ballistics vest was on that side of the vehicle up against the back of the vehicle. So that's why I looked at the general photograph of the contents and where they were located prior to the application of the chemical. So I thought the location of the vest that tested positive with Mr. Cozzi's blood was relevant. The other thing was there was the chemo luminescence positive here on the rear. It would be the back of the rear passenger seat, otherwise known as the back wall of the trunk. So this area luminesced as well. Just to be respectful of the fact, I did do a process where I took a copy of this original photograph. I placed it in another folder and I did something called cropping and lightning so that I would be able to better visualize the stain to see if I could identify what type of stain it was. And I identified it as well as a transfer stain.

Ms. Pidari (07:27:42):

Now I think that concludes your PowerPoint, but I only have a few more questions. So if you want to sit down, you can. Thank you. I'm going to stand closer to the microphone. Ms. Cox, after reviewing all the evidence from the men's room at 1501 South Belcher Road, did you form any conclusions about certain events that occurred in the bathroom based on the location and pattern of blood located?

Ms. Cox (07:28:27):

I did.

Ms. Pidari (07:28:27):

All right. Can you explain those please?

Ms. Cox (07:28:29):

So the first conclusion that I outlined in my report is that at least one bloodletting event to Mr. Cozzi occurred while in the bathroom stall in proximity to the lower portion of the north wall and the northeast corner of the bathroom stall. So the way that we write reports is we do the classification where we define the reports based on their size, tape and distribution. That's the physics. That's the actual technical portion of my report. So we write it such that we identify all the stains and patterns and it reads very boring. And then what we do is we take the conclusions and how we come to our conclusions and how we substantiate them scientifically is we then extrapolate the confirmation from the technical part of the report as the confirmation. So I just can't go throwing around opinions and not provide the scientific foundation for that. So the way the conclusion reads is that there was at least one bloodletting event to Mr. Cozzi while in the bathroom in close proximity to the floor.

(07:29:34)
And the way that I substantiated that scientifically is the small blood stains that were on the wall and on the tile, the small blood stains that were on the lower portion of the frame for the bathroom door near the north wall, and the fact that they were circular would be indicative of Mr. Cozzi being in close proximity to that portion of the wall because the stain didn't have the opportunity to travel outward and elongate. So those were the technical part, physics of my report, and then of course also substantiated by the DNA serology report that I also referenced. So that was the foundation for that particular conclusion. Then I move on to discuss everything that we discussed in there. I specifically say that there was movement, that there were multiple contacts of a bloody item in multiple areas of the bathroom, including the floor, the walls, the toilet, the grab bar, the bathroom, the stall door.

(07:30:41)
I articulate that at some point an item contaminated with wet blood or Mr. Cozzi himself is dripping blood on the floor. That's based not only from the technical part of my report, but also from some of the DNA that had been tested. I identified the event that was caused by an action on the urinal was either being cast off or spatter, which indicates another blood distribution mechanism by force occurred by that urinal. So that is all just confirmation that this was a dynamic incident. And the relevance also is that there is no blood outside the bathroom, which indicates that an item that unlike in the bathroom, there was not an item that was available to continue to drip blood or transfer blood or deposit blood on the floor of the walls. So the absence of that outside the bathroom was relevant and was also indicative of a post-incident alterations where another liquid had been introduced while inside the bathroom.

Ms. Pidari (07:31:56):

Thank you for all of that, but you also said that there was a swipe on the exterior of the bathroom door as well as a napkin with Mr. Cozzi's blood along with Dr. Kosowski's DNA on the floor on the outside of the bathroom. So what is that consistent with as it relates to your conclusions?

Ms. Cox (07:32:16):

The relevance of that is that those two stains, which are the only two stains outside the bathroom, they're passive in nature. The bloodletting event has already occurred and contact was made with that door and with that napkin after the bloodletting incident. The mixture, a DNA analyst would have to articulate more the significance of that, but what is interesting is that I did acknowledge that both Mr. Cozzi and Dr. Kosowski were contributors, whereas what was interesting was in the bathroom, most of the areas were just Mr. Cozzi.

Ms. Pidari (07:32:55):

Now, did you draw any conclusions regarding the blood that was located in the gray Toyota Tundra that is relevant to this case?

Ms. Cox (07:33:02):

Yes.

Ms. Pidari (07:33:03):

Can you tell us about that?

Ms. Cox (07:33:04):

So bloodletting event had to have already occurred and Mr. Cozzi is included based on DNA testing that was done of the Tundra of the vehicle. So that would indicate that at some point an item or a person contaminated with Mr. Cozzi's wet blood had contact with the bed and the tailgate of that truck.

Ms. Pidari (07:33:22):

And then same question as it relates to the other one.

Ms. Cox (07:33:25):

Same for the ballistics vest that was found in the trunk in proximity to that rear area where the luminescence was also identified as being Mr. Cozzi. So an item contaminated with wet blood had contact with that ballistics vest and had contact with that rear portion of that trunk depositing Mr. Cozzi's wet blood.

Ms. Pidari (07:33:46):

Okay. May I have a moment?

Judge Joseph Bulone (07:33:46):

You may.

Ms. Pidari (07:33:46):

I have no further questions at this time. Thank you very much Ms. Cox.

Judge Joseph Bulone (07:33:53):

All right. Mr. Kosowski, any cross-examination?

Judge Bulone (07:33:56):

Yes, Your Honor.

Judge Joseph Bulone (07:33:57):

Okay.

Judge Bulone (07:34:03):

Thank you for your time. It was a very wonderful presentation. May we go back to your PowerPoint, maybe around slide 65? Let's talk about that piece of tissue paper that was on the outside of the door.

Ms. Cox (07:34:20):

Okay. The paper towel?

Judge Bulone (07:34:21):

If you could shed some more light on this. Around there. Yes. It was right in front of [inaudible 07:35:15]

Ms. Cox (07:34:27):

Probably down here. Okay. There you go.

Judge Bulone (07:34:27):

Can you pull that up?

Judge Joseph Bulone (07:34:27):

Yeah.

Judge Bulone (07:34:27):

Ma'am, can you see the screen?

Ms. Cox (07:34:27):

I can.

Judge Bulone (07:34:27):

You're familiar with the piece of evidence?

Ms. Cox (07:34:27):

I am.

Judge Bulone (07:35:52):

All right. I guess the first thing is it says right there that DNA reported that just Steven Cozzi's a contributor, and then a year and a half later that both Cozzi and I are contributors. How does that happen?

Ms. Cox (07:36:06):

You'll have to ask the DNA analyst. There was a DNA analyst that did the testing.

Judge Bulone (07:36:11):

So you have no opinion as to how does the DNA magically appear on a piece of paper?

Ms. Cox (07:36:18):

The deposition on the napkin, the area that was tested, my understanding is the blood sample and it came back after testing to be a mixture. And the fact that that's a transfer stain would indicate that Mr. Cozzi's wet blood had already been distributed and had come into contact with that paper towel, and then somehow that paper towel became deposited outside the bathroom door. That's where I can go with my opinion. How one report reflects one finding and then there's a supplement to another finding, the DNA analyst would have to provide the information for that.

Judge Bulone (07:36:51):

So correct me if I'm wrong. All right. So my understanding is that, is that a sheet of paper or paper towel that came in from the inside of the bathroom and went outside?

Ms. Cox (07:37:04):

Based on the scene specific variables that I discussed, I would include that as the most probable deposition of that paper towel based on the fact that there was paper towels available in the bathroom. There were other paper towels that exhibited diluted blood staining. There was swipes on the wall underneath the paper towel dispenser. There was blood inside the receptacle where contaminated paper towels were found. So based on the scene specific variables, that is what is most likely.

Judge Bulone (07:37:34):

Okay. Do you know what time that photograph was taken by Specialist King, the 187 photograph up there?

Ms. Cox (07:37:40):

I don't know what time it was taken. That would be part of the properties of the actual data file that's attached to the photograph.

Judge Bulone (07:37:49):

Taken at 8:43 PM. Would you open up that thumb drive that was given to your client?

Ms. Cox (07:38:07):

I don't have one.

Judge Joseph Bulone (07:38:07):

[Inaudible 07:38:07] Sorry, that one right there.

Speaker 15 (07:38:07):

Stay forward, and then you'll [inaudible 07:38:09]

Speaker 16 (07:38:10):

We need to clear this thumb drive before we swipe into our machines.

Judge Bulone (07:38:11):

Okay.

Speaker 16 (07:38:18):

We're going to have MIT clear that first before we take down the entire system, just to test. Not to say that's going on here, but-

Judge Joseph Bulone (07:38:23):

What thumb drive is this?

Speaker 16 (07:38:25):

Is it a photo that you want?

Judge Joseph Bulone (07:38:27):

There's actually three photos and one video on there that were all put on there by-

Ms. Pidari (07:38:31):

Mr. [inaudible 07:38:32]

Judge Joseph Bulone (07:38:32):

Yes. This wasn't my doing.

Speaker 17 (07:38:33):

[inaudible 07:38:37] May I approach, Your Honor?

Judge Joseph Bulone (07:38:33):

Yes. [inaudible 07:38:55]. Do we need a break to figure this out?

Ms. Pidari (07:39:28):

It's giving me an error message, but I'm sort of...

Speaker 16 (07:39:30):

We might need a 10-minute break just to figure out technology.

Ms. Pidari (07:39:30):

I'm sorry.

Speaker 16 (07:39:30):

That's fine. We'll figure it out.

Judge Joseph Bulone (07:39:30):

I don't know if you planned this, but is that cop your last witness today?

Speaker 16 (07:39:30):

Yes, we did work that out.

Judge Joseph Bulone (07:39:30):

Okay, very good. Okay. All right. So question number three.

Ms. Pidari (07:39:30):

It opened.

Judge Joseph Bulone (07:39:30):

Okay.

Ms. Pidari (07:39:30):

We can just look at it. [inaudible 07:40:34]. So I was wrong. We might need a little break if that's okay.

Judge Joseph Bulone (07:40:42):

All right.

Ms. Pidari (07:40:42):

I'm sorry.

Judge Joseph Bulone (07:40:42):

All right, so we'll take 10 minute break or until it's figured out.

Ms. Pidari (07:40:43):

Sure. Thank you.

Judge Joseph Bulone (07:40:43):

Okay.

Speaker 14 (07:40:43):

Let's all rise. Court is in recess.

Judge (07:40:43):

So, any issues we need to talk about?

Ms. Pidari (07:56:07):

No, Your Honor. [inaudible 07:55:53] printed out a photo [inaudible 07:55:57] wanted to enter as State's... or I'm sorry, Defense's 1. We have no objection to it [inaudible 07:56:02]. There are also photographs he wants to highlight and I'm going to do that for him that have already been entered into evidence. So I just wanted to put all that on the record.

Judge (07:56:13):

Okay.

Ms. Pidari (07:56:14):

And I'm sorry, one more thing. Dr. Kosowski asked that Ms. Cox review a portion of a body-worn camera from Officer Jones, which she did on the break, so...

Judge (07:56:24):

Okay, so we're ready to go.

Ms. Pidari (07:56:26):

Thank you.

Judge (07:56:27):

You may proceed with your cross-examination.

Dr. Tomasz Roman Kosowski (07:56:32):

Thank you very much. I wanted to show you a series of photographs, in the interest of what you thought about the quality of the evidence that you're seeing. The first thing I asked is if you knew the timestamp or when that photograph was taken that had all the photo markers in front of the bathroom that was taken by Pinellas County Sheriff's Organization. And if... Mr. Vonderheide, would you mind just showing her the photograph on the right panel?

(07:57:06)
So you're familiar with that photograph, correct? And you used it in your PowerPoint?

Anna Cox (07:57:10):

Correct, yes.

Dr. Tomasz Roman Kosowski (07:57:11):

All right. So if I may, this is the metadata that comes along with the photograph, and it shows that it was taken at 8:43 PM. Do you see that?

Anna Cox (07:57:24):

Yes.

Dr. Tomasz Roman Kosowski (07:57:24):

Okay. The next earliest photograph that I was able to find in discovery that has that area right in front of the bathroom door was an OSCR360 camera. Are you familiar... Did you review the OSCR360 camera photos of the crime scene?

Anna Cox (07:57:45):

Yes.

Dr. Tomasz Roman Kosowski (07:57:46):

Yes. Okay. So those were taken by Specialist Klein, I believe. And I believe you have that one up and ready to go as well. Okay. And do you see the area in front of the bathroom door?

Anna Cox (07:58:01):

Yes.

Dr. Tomasz Roman Kosowski (07:58:02):

All right. And you see the box that's in front, right? And you see that same piece of evidence that's napkin 27 by photo marker 5, basically, correct?

Anna Cox (07:58:14):

Yes.

Dr. Tomasz Roman Kosowski (07:58:15):

All right. And can we get a timestamp for that? Can you just right-click it and... There we go.

(07:58:28)
Are you able to see that, ma'am?

Anna Cox (07:58:38):

I can't.

Dr. Tomasz Roman Kosowski (07:58:38):

Neither can I. I believe it says 6:04 PM.

Ms. Pidari (07:58:46):

It is. I can confirm this, 6:04 PM.

Dr. Tomasz Roman Kosowski (07:58:48):

All right. So this was about two and a half hours prior to that, okay? Then we don't have photographs for that area until... Well, I'll spill the beans. Until 12:30, okay? That photograph that was taken of the area was taken by Officer Jones. I know you weren't here for the testimony of Officer Rose the other day, but she was the first one on the scene, and then Officer Jones was the second one on the scene. And they did a walkthrough and they had their body cams on. The body cam was the video that you just reviewed during our break. Do you understand that?

Anna Cox (07:59:39):

I'm sorry, who did you say the first female responding officer was?

Dr. Tomasz Roman Kosowski (07:59:44):

I believe it was Officer Rose.

Anna Cox (07:59:49):

I though it was Officer Burre.

Dr. Tomasz Roman Kosowski (07:59:52):

[inaudible 07:59:50] Yes. I stand corrected. Officer Burre was the first one that appeared. A few minutes later, Officer Jones came by. They started up their body cams and they were walking through the scene, okay? And as you can see, Officer Jones started taking photographs with an agency phone, and that's what you witnessed, correct?

Anna Cox (08:00:12):

I did see that in his own body cam.

Dr. Tomasz Roman Kosowski (08:00:15):

And just to review and just to show Judge Bulone, could you kind of queue it up to that important part where he's taking photographs in front of the bathroom?

Speaker 18 (08:00:28):

Do you just want the timestamp?

Dr. Tomasz Roman Kosowski (08:00:29):

Yeah, yeah.

Speaker 18 (08:00:30):

We can stipulate to the timestamp.

Dr. Tomasz Roman Kosowski (08:00:33):

You just stipulate to the time?

Speaker 18 (08:00:33):

Yeah, we'll stipulate to the time.

Dr. Tomasz Roman Kosowski (08:00:34):

Okay. So if you're okay with that, ma'am, can we put the photograph that Officer Jones took? Okay. So Officer Jones took this photograph at 12:29 PM that same day. Can we put the split screen up?

(08:00:58)
So these two photographs are approximately eight hours apart. Do you note a difference between the two?

Anna Cox (08:01:07):

The one on the right is the documentation done by the forensics unit. And then you indicated that that one on the left is a screenshot of Officer Jones' body cam.

Dr. Tomasz Roman Kosowski (08:01:18):

That's right. Do you notice the absence of the tissue paper on the photo on the left?

Anna Cox (08:01:27):

It's not visible in that photograph.

Dr. Tomasz Roman Kosowski (08:01:30):

Okay. Because it's not there.

Anna Cox (08:01:33):

Do you have Officer Burre's original report and her body cam that I can-

Dr. Tomasz Roman Kosowski (08:01:39):

We do, yes.

Anna Cox (08:01:41):

Okay. May I refer to her report?

Dr. Tomasz Roman Kosowski (08:01:42):

Yes.

Anna Cox (08:01:43):

Okay. On 3/21/2023 at approximately 11:46, she was dispatched to the location where she made contact. I'm not going to read it verbally. I can... But one area that was of significance to me as she was the very first responder, if you read the last line of the second paragraph of her report, she says, "I observed a faint smear of blood on the front door of the bathroom and a smudge of what appeared to be blood on the stall door. There was also a paper towel with what appeared to be blood on the floor just outside the bathroom." So I would revert to her body cam and her report.

Dr. Tomasz Roman Kosowski (08:02:21):

I understand, but-

Anna Cox (08:02:22):

Because she was the very first responder.

Dr. Tomasz Roman Kosowski (08:02:25):

Sure, but she doesn't say when she saw that piece of paper in her report, correct?

Anna Cox (08:02:30):

Well, she identifies what she observed upon entering in Cozzi's office. Then she went and spoke with Mr. Blanchard, and then he took her to the bathroom, and she memorialized at the beginning of her report what she observed. And I have no reason to believe that this wasn't a chronological account based on her body cam as well.

Dr. Tomasz Roman Kosowski (08:02:51):

Well, most certainly it's a chronological account, written several hours or maybe even days after she appeared on the scene. So what is your point?

Anna Cox (08:03:03):

My point is that I would like to see her body cam to see if the paper towel's in there as well, because there were multiple people there. And then another note that I observed is that Jorge Almada, who responded to relieve Officer Jones, he stated, "I observed what appeared to be blood on the bathroom door. I did not enter the bathroom. I noticed a tissue with what appeared to be blood. I moved the box approximately six inches westbound to get it closer to the tissue to prevent any contact with the tissue by personnel, such as the wind to blow it away." So I have two written accounts of the paper towel being outside the bathroom door.

(08:03:49)
There's also body cam from the original original first responder, Ms. Burre. So I feel it would be respectful to view that body cam to see if that paper towel is visible on hers, as there is documentation of movement throughout that hallway as visualized on body cam. So I have no reason to believe that that paper towel wasn't outside the body cam, based on all the totality of the evidence that I've viewed.

Dr. Tomasz Roman Kosowski (08:04:19):

Respectfully disagree, ma'am.

Anna Cox (08:04:21):

Okay.

Dr. Tomasz Roman Kosowski (08:04:22):

So with regards to Officer... What was the name? Zepeda? The one that you just mentioned?

Anna Cox (08:04:30):

The one that relieved Officer Jones?

Dr. Tomasz Roman Kosowski (08:04:33):

Yes.

Anna Cox (08:04:36):

I have that as-

Dr. Tomasz Roman Kosowski (08:04:38):

Almada, yes?

Anna Cox (08:04:39):

Correct.

Dr. Tomasz Roman Kosowski (08:04:40):

Yes. So he was stationed at the door from 3:00 to 7:00 PM. So we know that that piece of paper was there at 3:00 PM, at least. We also questioned Officer Jones about this, okay? And he was stationed at that door from 2:00 to 3:00.

Ms. Pidari (08:04:59):

Objection, Your Honor. This is hearsay. He's talking about a deposition.

Dr. Tomasz Roman Kosowski (08:05:02):

What can I say? Is it the truth?

Judge (08:05:05):

I guess it's a hypothetical question, so we'll see where it goes.

Dr. Tomasz Roman Kosowski (08:05:10):

Officer Jones was stationed at 2:00 to 3:00. There was nobody stationed guarding that door. There was no scene security whatsoever until 2:00 of that scene. This photo was taken at 12:30, and it shows that there's no evidence right in front of the door that that photo at 8:30 does. What is your initial reaction to this piece of evidence that seems to appear out of thin air?

Anna Cox (08:05:43):

It doesn't appear out of thin air. It's articulated in the very first responder's report, as well as the secondary responder's report. I understand your frustration, the fact that you can't see it in the screenshot and the documentation of Mr. Jones', but also having observed Mr. Jones' body cam, as I just did, I have no reason to, nor did I see him in any way pick a piece of paper towel up or move it around, and nor did I see him remove paper towel from the bottom of his shoes. So based on the information that I have and all the files that I removed, I have no reason to believe that that paper towel was not outside the bathroom upon the arrival of first responders. Is it in the original location it was when Officer Burre responded? No, obviously not. So that would be my answer to your question.

Dr. Tomasz Roman Kosowski (08:06:35):

I'm sorry, you said a whole lot. So are you denying that that sheet of paper is not there on the 2:30 photo?

Anna Cox (08:06:42):

I'm saying I don't see it in Officer Jones' photo, but I also requested to see the body cam of Ms. Burre and the other first responders to get different perspectives. This is a singular perspective, and there is body cam footage. So if you would like to show me all the body cam footage, we can go through that as well.

Dr. Tomasz Roman Kosowski (08:07:00):

I think that's a great idea, if this is what it's going to take for you to admit that there's no evidence- [inaudible 08:07:06]

Anna Cox (08:07:05):

I admitted to you I don't see it in that photograph, but I have no reason to believe that napkin wasn't originally outside that bathroom door. So are you asking me do I believe that the paper towel was never outside the bathroom door, or are you asking me if it's not in that photo?

Dr. Tomasz Roman Kosowski (08:07:19):

I'm saying it's not in that photo.

Anna Cox (08:07:21):

It's not in that photo.

Dr. Tomasz Roman Kosowski (08:07:22):

Okay, great. So it's not there at 2:30, or excuse me, 12:30.

Anna Cox (08:07:26):

It's not there in that photo, correct.

Dr. Tomasz Roman Kosowski (08:07:27):

You're with me on that, right?

Anna Cox (08:07:28):

Yes.

Dr. Tomasz Roman Kosowski (08:07:29):

So logically, would it be there before that time?

Anna Cox (08:07:33):

According to the first responder's report, who I believe wrote a chronological account of her activities that day, that's the second paragraph of what she wrote that she observed. And she responded at 11:46.

Dr. Tomasz Roman Kosowski (08:07:48):

So just to make sure, you believe that this piece of evidence was there at 11:30, disappeared at 12:30, reappeared at 3:00?

Anna Cox (08:07:58):

I'm saying that it's not in that photograph. Is it a piece of evidence that could have moved slightly during the movement of individuals throughout the building? Yes. But I have memorialization and I have tangible evidence that says that that paper towel was seen outside that bathroom door by more than one individual. And then it is subsequently documented by forensics outside that door.

Dr. Tomasz Roman Kosowski (08:08:19):

Sure. But again, nobody gives a timestamp, and this actually gives a timestamp, correct?

Anna Cox (08:08:25):

Correct.

Dr. Tomasz Roman Kosowski (08:08:25):

Okay. So how about this? Would it satisfy you to take the evening off and you could review all of Officer Burre's photos and body cams and whatever else and Officer Jones' body cams as well, and you can come in and we can discuss it tomorrow morning?

Anna Cox (08:08:41):

I've already given you my answer as what appears as the condition of that evidence. I have no reason to believe that that evidence was not outside that doorway. The fact that it's not in that particular photograph doesn't mean it's not in that hallway.

Dr. Tomasz Roman Kosowski (08:08:57):

Okay. So you're saying it could be somewhere else in the hallway?

Anna Cox (08:09:00):

Right. It could have been brushed, breezed aside, whatever, during movements. I'm basing my analysis on what I'm looking at in all of the areas that I'm considering.

Dr. Tomasz Roman Kosowski (08:09:15):

Okay. So we know it's not in front of the door where it originally was supposed to have been, right? So at least it moved, correct?

Anna Cox (08:09:24):

I would agree that it has moved.

Dr. Tomasz Roman Kosowski (08:09:26):

But we don't know where it came from. It came from outside the bathroom. It could have been inside the bathroom. It could have blown in from the outside of the structure. It could have come from anywhere, right?

Anna Cox (08:09:35):

Well, I already said it started in the bathroom and ended up outside the bathroom. That was my direct testimony. I do absolutely agree with that.

Dr. Tomasz Roman Kosowski (08:09:44):

Okay. So tell me at what time did that happen?

Anna Cox (08:09:47):

I can't give you a timestamp on that, but I do absolutely agree that that evidence that has both Mr. Cozzi's and your DNA on it mixed together in a blood stain on paper towels is outside that bathroom door.

Dr. Tomasz Roman Kosowski (08:10:00):

This is one magical piece of evidence, wouldn't you agree? I mean, first it doesn't have any DNA on it.

Speaker 18 (08:10:05):

Objection [inaudible 08:10:06] argumentative.

Dr. Tomasz Roman Kosowski (08:10:07):

Secondly, it does.

Judge (08:10:07):

Ask your question. No editorials right now, right? If you have a question that's factual, you can ask it.

Dr. Tomasz Roman Kosowski (08:10:13):

Okay.

(08:10:14)
So we have a piece of evidence that appears out of nowhere, basically.

Anna Cox (08:10:19):

That, I'm sorry, does what?

Dr. Tomasz Roman Kosowski (08:10:21):

Appears out of nowhere in front of that spot.

Speaker 18 (08:10:22):

Objection. Argumentative.

Judge (08:10:25):

Yeah. Ask a factual question, okay? So I think you've already gotten it all out, right?

Dr. Tomasz Roman Kosowski (08:10:35):

I'm not... Why does it feel that I'm not being the argumentative one here, that you guys are? I'm showing you physical evidence that came out of nowhere.

Anna Cox (08:10:50):

I disagree that it came out of nowhere. It's memorialized in media, in the written report, and it is in the documentation of the forensic specialist as being outside the bathroom. I 100% agree with you, that paper towel was in that bathroom when bloodshedding events were occurring, and that is Mr. Cozzi's transferred blood, and it began in the bathroom and it's now outside the bathroom. That's what's relevant in the analysis.

Dr. Tomasz Roman Kosowski (08:11:17):

Okay. And would you say that, with regards to the timing, it came out from out of the bathroom out into the hallway after 12:30?

Anna Cox (08:11:26):

I'm going chronologically by what Officer Burre wrote in her report. I don't know what else to tell you. I do agree that that paper towel was in that bathroom, because the bloodshedding event with Mr. Cozzi occurred in that bathroom. That is a transfer stain of Mr. Cozzi's blood. There's no blood source outside the bathroom that would've deposited the blood on that paper towel. So do I agree with you 100% that Mr. Cozzi and your DNA is on that paper towel and that it originated in that bathroom? I 100% agree with what you're saying.

Dr. Tomasz Roman Kosowski (08:11:58):

Okay. So at one point in time, it came out. Okay. How did it come out? Do you have an opinion about that?

Anna Cox (08:12:06):

I don't have an opinion on that. I just know that it was contaminated with Mr. Cozzi's blood in the bathroom where the bloodshedding events occurred.

Dr. Tomasz Roman Kosowski (08:12:13):

But could it have been stepped on and somebody dragged it out on their shoe?

Anna Cox (08:12:18):

I can't exclude that.

Dr. Tomasz Roman Kosowski (08:12:19):

Okay. Could somebody have picked it up and put it outside right over there?

Anna Cox (08:12:27):

I can't exclude that, but I didn't see that in Officer Jones' video. So according to the video that I observed with his body cam, I did not observe that action.

Dr. Tomasz Roman Kosowski (08:12:36):

Do you have any concerns about the quality of the evidence that that gives you, based on these photographs showing that it was not there eight hours previously?

Anna Cox (08:12:49):

That has no effect on my analysis, and I am not alarmed by that based on the scene-specific variables, the location of that breezeway, and the other scene-specific and the history of the scene. So no, I don't have a concern about that.

Dr. Tomasz Roman Kosowski (08:13:02):

You don't have a concern?

Anna Cox (08:13:04):

I do not.

Dr. Tomasz Roman Kosowski (08:13:07):

Okay. And you said that it could be consistent that somebody picked it up and placed it there, intentionally even?

Anna Cox (08:13:12):

I cannot opine to the intent. I can only opine that it began in the bathroom with the bloodletting event where Mr. Cozzi... A bloodletting event to him occurred, and it has both his and your DNA on it, and it ended up outside that bathroom. That is my opinion.

Dr. Tomasz Roman Kosowski (08:13:27):

All right. Okay. Let's move on. Can we talk a little bit about Kastle-Meyer tests?

Anna Cox (08:13:35):

Sure.

Dr. Tomasz Roman Kosowski (08:13:36):

All right. So whenever you do a Kastle-Meyer, a phenolphthalein test, if you do... We've heard it's a three-step reaction. I don't want to go through all that. But if you just take a swab of, let's say water, okay, and you leave it exposed to the air, you put the hydrogen peroxide on it, given enough time, will that swab turn pink?

Anna Cox (08:14:07):

Well, you also have had to have applied the reduced phenolphthalein, because it's an oxidation reduction process.

Dr. Tomasz Roman Kosowski (08:14:13):

Kastle-Meyer reagent plus the peroxide. Given enough time, given if you need eons, will that turn pink?

Anna Cox (08:14:20):

It will. It will secure an oxygen from the air. That's why the reaction we look for is immediate.

Dr. Tomasz Roman Kosowski (08:14:25):

Okay. So all Kastle-Meyer tests eventually end up positive?

Anna Cox (08:14:31):

They can if they sustain a long enough time out in the environment, in the oxygen.

Dr. Tomasz Roman Kosowski (08:14:35):

How long does it typically take a Kastle-Meyer test to turn positive, just from the oxidative effect of air?

Anna Cox (08:14:44):

In my experience, the reason that we look for the instantaneous reaction is to eliminate a false positive like that. The Kastle-Meyer test, in my experience, and that is actually still the test that I use as my presumptive as well, I have not seen an immediate reaction from just evolving from the air.

Anna Cox (08:15:00):

Immediate reaction from just evolving from the air.

Dr. Tomasz Roman Kosowski (08:15:04):

Understood. In the literature, what have you come across? What have people described as how long that takes?

Anna Cox (08:15:11):

Because I'm looking for an instantaneous reaction and I've never experienced an instantaneous reaction from it just grabbing it from the air, I'm not familiar with any literature on that.

Dr. Tomasz Roman Kosowski (08:15:22):

You're not familiar? Okay. Are you familiar with agents that could cause a false positive?

Anna Cox (08:15:29):

With phenol?

Dr. Tomasz Roman Kosowski (08:15:30):

Kastle-Meyer.

Anna Cox (08:15:30):

Oh, with Kastle-Meyer? Yes.

Dr. Tomasz Roman Kosowski (08:15:32):

Yes. What are they?

Anna Cox (08:15:34):

Horseradish and turmeric.

Dr. Tomasz Roman Kosowski (08:15:36):

Horseradish and turmeric. Okay. If I give you some names of some agents, could you tell me whether you know whether they give a false positive or not?

Anna Cox (08:15:48):

Yes.

Dr. Tomasz Roman Kosowski (08:15:49):

Okay. How about tomato?

Anna Cox (08:15:53):

Can you tell me what you're referencing?

Dr. Tomasz Roman Kosowski (08:15:57):

Well, I have several scholarly articles in front of me saying that tomato causes false positive Kastle-Meyer.

Anna Cox (08:16:09):

Can you-

Dr. Tomasz Roman Kosowski (08:16:09):

Do you need a specific article?

Anna Cox (08:16:11):

Yes.

Dr. Tomasz Roman Kosowski (08:16:12):

I'm sorry. I'm not going to give you that. So can you just tell me based on your education, does tomato cause a false positive in a Kastle-Meyer reaction?

Anna Cox (08:16:22):

No.

Dr. Tomasz Roman Kosowski (08:16:23):

Does red onion?

Anna Cox (08:16:24):

No.

Dr. Tomasz Roman Kosowski (08:16:25):

Does rust?

Anna Cox (08:16:26):

No.

Dr. Tomasz Roman Kosowski (08:16:27):

Does gun oil?

Anna Cox (08:16:34):

Would you like to see the article I'm referencing?

Dr. Tomasz Roman Kosowski (08:16:37):

No. Does gun oil?

Anna Cox (08:16:48):

I don't believe that this extensive study did gun oil, but it did do till oil, lead acetate, and they were negative.

Dr. Tomasz Roman Kosowski (08:17:02):

Okay. What about bleach?

Anna Cox (08:17:03):

Phenolphthalein with bleach? No.

Dr. Tomasz Roman Kosowski (08:17:04):

And you're certain about that?

Anna Cox (08:17:06):

I have never experienced a false positive with bleach with phenolphthalein.

Dr. Tomasz Roman Kosowski (08:17:09):

Are there any articles, scholarly articles that say that bleach causes a false positive with phenolphthalein?

Anna Cox (08:17:15):

With bleach? Not that I've read.

Dr. Tomasz Roman Kosowski (08:17:20):

Cleaning products.

Anna Cox (08:17:22):

Can you be more specific with the cleaning products? Because I do have a cleaning product that was referenced in this as a detergent and it was negative. It did not cause a false positive.

Dr. Tomasz Roman Kosowski (08:17:32):

Okay. How about isopropyl alcohol?

Anna Cox (08:17:50):

No, not according to this extensive article that I have with several of the items that you referenced.

Dr. Tomasz Roman Kosowski (08:17:57):

Okay. So right now I'm reading from an article from Science and Justice. I don't know a thing about that journal. I don't know if it's a throwaway journal, if it's a journal of repute, but Science and Justice, it's a peer reviewed journal from what I can tell. This is secondarily published through Elsevier. The title of this article is The Neutralization of False Positives Using Presumptive Tests for Blood. I'm sorry, I'll say that. The Neutralization of False Positives Using Presumptive Tests for Blood. And it says, right in the introduction, to give background information, "False positive results..." Or excuse me, let me go a little bit earlier. "Presumptive tests are not specific to human blood."

Ms. Pidari (08:18:43):

Objection, Your Honor.

Judge (08:18:46):

Yeah. I mean, I think you can use a treatise, but then the witness has to acknowledge that it's a reputable treatise that is accepted in the scientific community. So if she can say that, then I guess he can ask her about it. Otherwise, he can't just read something he found on the internet. My understanding is that not everything you read on the internet is true. I know that may be a-

Dr. Tomasz Roman Kosowski (08:19:15):

That's correct, Your Honor, but this is a-

Judge (08:19:16):

Revelation to somebody. So if she's heard of that treatise, then you can ask her about it. So why don't you do a foundation situation and ask her if she's ever heard of that and if she recognizes it.

Dr. Tomasz Roman Kosowski (08:19:29):

Have you ever heard of a journal called Science and Justice?

Anna Cox (08:19:31):

Science and Justice?

Dr. Tomasz Roman Kosowski (08:19:32):

Yes.

Anna Cox (08:19:33):

I believe I have. I would say that I have.

Dr. Tomasz Roman Kosowski (08:19:37):

Do you know if it's a peer reviewed journal?

Anna Cox (08:19:38):

That I can't confirm.

Dr. Tomasz Roman Kosowski (08:19:40):

Okay. Do you have any objection from me reading a portion from an article that's published in Science and Justice about the Kastle-Meyer test?

Ms. Pidari (08:19:55):

It's a treatise that is respected and widely accepted in the scientific community.

Judge (08:20:00):

All right. So you're overruling your own objection at this point?

Ms. Pidari (08:20:03):

No.

Judge (08:20:03):

Oh.

Ms. Pidari (08:20:04):

I'm objecting to him reading directly from an article.

Judge (08:20:07):

Well, we can ask her what's in the treatise. You're recognizing that it's a reputable scientific journal, right?

Ms. Pidari (08:20:13):

Yes, I am.

Judge (08:20:13):

Okay.

Ms. Pidari (08:20:15):

But she's not familiar with this article, so how can she answer questions on it?

Judge (08:20:17):

Well, you are now, so you can ask her. Okay. All right, go ahead.

Dr. Tomasz Roman Kosowski (08:20:24):

"Presumptive tests are not specific to human blood as they will also get a positive result for animal blood. Commonly, the color changes observed to determine whether it's positive for that substance due to these presumptive tests are subject to false positives and false negatives. In screening tests for blood, the heme group is observed as this acts as a catalyst, which is involved in the chemical reaction. False positive results can be obtained from chemicals containing strong oxidants, such as bleaches and household cleaners. Plant peroxidases such as horseradish can also affect presumptive tests as they contain peroxidases, they catalyze oxidation reactions, thus causing a false positive reaction." Would you agree with that statement?

Anna Cox (08:21:09):

No, not the bleach and not with my experience, no.

Dr. Tomasz Roman Kosowski (08:21:12):

What part would you disagree on?

Anna Cox (08:21:14):

The bleach and the cleaning agents.

Dr. Tomasz Roman Kosowski (08:21:17):

Aside from-

Anna Cox (08:21:19):

Let me just explain. That's why when we do luminol, with luminol, which does have presumptive false positives with cleaning agents and bleach, that's why in my field experience and my work experience, of which I still incorporate today, when we test a sample like with luminol, and then the area test is positive with luminescence, we will then take a swab and test that area of phenolphthalein for the indication of possible blood with phenolphthalein.

Dr. Tomasz Roman Kosowski (08:21:49):

So just to be sure, your testimony is that bleach does not cause a false positive result with the Kastle-Meyer test?

Anna Cox (08:21:56):

So I'm referring to my professional experience with that and also the fact that you refused to give me that article so I can read through and see what references it references. So I cannot provide a educated opinion on an article that you're not letting me read.

Dr. Tomasz Roman Kosowski (08:22:10):

Fair enough. What happened to Stephen Cozzi in that bathroom?

Anna Cox (08:22:20):

There was a bloodletting event where there was multiple depositions of his blood, and at least one of those incidents would involve spatter, which is a forcible incident that causes the blood to be dispersed and that he was low on the floor.

Dr. Tomasz Roman Kosowski (08:22:36):

Okay. You said that a bloodletting event is caused by force. Can you define bloodletting event for us one more time?

Anna Cox (08:22:47):

The bloodletting event that I'm referencing, which is indicative of an impact occurrence to Mr. Cozzi, is impact spatter that was on the tile as well as the lower portion of the wall on the north wall and the east wall, the northeast corner of the bathroom stall. So the blood stains, by their size, shape and distribution were consistent with spatter, which indicates that the blood was forcibly projected. Liquid blood was impacted by a force or an energy that was strong enough to distribute the blood into very small, millimeter size stains.

Dr. Tomasz Roman Kosowski (08:23:26):

Okay. So try to put that into layman's language so I can understand it. Does that mean somebody could have punched Steven in the face and he, I don't know, capillaries burst in his nose and a whole bunch of blood came out?

Anna Cox (08:23:38):

They would've had to punch him in the face while he was on the floor.

Dr. Tomasz Roman Kosowski (08:23:39):

While he was on the floor. Okay. Does that mean that Steve... Is this a possibility, for example, that Steve could have gotten a nosebleed and then sneezed close to the floor?

Anna Cox (08:23:52):

He would've had to been laying on the floor with his nostrils in close proximity to the wall.

Dr. Tomasz Roman Kosowski (08:23:57):

Okay. So bloodletting event doesn't necessarily mean something violent happened. It just means that blood was expelled forcefully somewhere, correct?

Anna Cox (08:24:08):

A forceful exploration of blood is an uncomfortable event. I wouldn't... You used the word violent. I would say that any spatter that's distributed in the small mist-like stains of such would be uncomfortable.

Dr. Tomasz Roman Kosowski (08:24:26):

Okay. Is this scene that you saw in there, is this consistent with Steve being cut up into small pieces in that bathroom?

Anna Cox (08:24:35):

I have no opinion on that. I will tell you that the blood distribution and the amount of blood in the varying locations of this indicates that there was a dynamic event that involved Mr. Cozzi.

Dr. Tomasz Roman Kosowski (08:24:47):

Okay. Does that mean he could have gotten shot?

Anna Cox (08:24:52):

I cannot tell you there. I have no medical examiner's report to refer to. That would be something that a medical examiner would opine to.

Dr. Tomasz Roman Kosowski (08:25:00):

Can you comment on whether he was stabbed?

Anna Cox (08:25:04):

Well, to actually reflect backwards, both gunshots and both beatings and stabbings can cause impact events, so they are mechanisms that can cause impact spatter. But I don't deal with the hypothetical. I'm just telling you that there's a bloodletting event. I cannot isolate what kind.

Dr. Tomasz Roman Kosowski (08:25:27):

I understand. And the evidence that you saw in the bathroom, you cannot distinguish between getting shot, getting beaten, getting stabbed, any of those things, correct? Or possibly just sneezing with a bloody nose?

Anna Cox (08:25:40):

I cannot exclude impact and expiration, but in order to expirate blood, there would've already had to have been an injury that occurred.

Dr. Tomasz Roman Kosowski (08:25:54):

Okay. A bloodletting event is not based on volume of blood, correct?

Anna Cox (08:25:57):

Correct.

Dr. Tomasz Roman Kosowski (08:25:58):

Okay. It's based on mechanism?

Anna Cox (08:26:01):

Correct.

Dr. Tomasz Roman Kosowski (08:26:02):

Thank you. All right. Can you give me a two minute break, Your Honor, just to collect my thoughts, please? Is that all right?

Judge (08:26:27):

Okay.

Dr. Tomasz Roman Kosowski (08:26:28):

Thank you.

Judge (08:26:28):

All right. So we'll take a brief break so we can allow him to go in the back. Unless you want to stay here with all the-

Dr. Tomasz Roman Kosowski (08:26:37):

I'm fine with staying here.

Judge (08:26:39):

You want to stay here?

Dr. Tomasz Roman Kosowski (08:26:40):

I just didn't want to keep everybody else.

Judge (08:26:43):

All right. So we'll take a five minute break and then we'll finish up.

Bailiff (08:26:44):

All rise. Court will be...

Dr. Tomasz Roman Kosowski (08:34:24):

Appreciate this. I'm trying to get a sense of how much blood volume there was in that bathroom. And I guess I keep looking at the luminol photos, all right? And it seems like everything's glowing in that bathroom, okay? I mean, the whole floor glows, the partition glows, the baseboards glow, sections of the wall glow, the door glows to the outside. Does that mean all those surfaces were just covered in blood?

Anna Cox (08:35:01):

No, not necessarily because of the post-incident alteration with the introduction of another liquid. That introduction of a liquid could have expanded the amount of blood that was originally present on the surface, and the mixture of the introduced liquid with the blood could possibly have covered more surface than the original parent stain pre-alteration.

Dr. Tomasz Roman Kosowski (08:35:23):

Okay. So if there was... See if I'm interpreting your words correctly. So if there was a patch of blood over here and somebody went through it and started just rubbing it all around, they would be transferring that blood basically from its original location to somewhere else, correct?

Anna Cox (08:35:40):

Correct.

Dr. Tomasz Roman Kosowski (08:35:40):

And you said that luminol also reacts with cleaning agents, correct?

Anna Cox (08:35:46):

That is correct.

Dr. Tomasz Roman Kosowski (08:35:47):

And bleach was one of them, correct?

Anna Cox (08:35:49):

Correct.

Dr. Tomasz Roman Kosowski (08:35:50):

All right. So if this person was actually using bleach to clean this place up and smearing that over, so even on areas that didn't even have blood, it could have just been a reaction to bleach, is that correct?

Anna Cox (08:36:05):

Correct. If there was a continuous wiping pattern that had diluted the blood enough that it was no longer present and only bleach was being deposited, yes, luminol could pick up on that.

Dr. Tomasz Roman Kosowski (08:36:17):

Okay. So there's no real way of judging volume of blood using just a luminol, basically, test in this example?

Anna Cox (08:36:24):

Oh, no, no, no, no. No. To determine the volume of blood at a scene, you don't have the understanding of enough variables, that's why we don't do that. And also you have to add into the scene specific variables of this scene that there was post-incident alteration. So no, volume of blood cannot be determined.

Dr. Tomasz Roman Kosowski (08:36:44):

How would you go about determining volume of blood at a scene like this?

Anna Cox (08:36:47):

You don't.

Dr. Tomasz Roman Kosowski (08:36:47):

You don't?

Anna Cox (08:36:48):

You physically can't.

Dr. Tomasz Roman Kosowski (08:36:49):

Okay.

Anna Cox (08:36:50):

Yeah.

Dr. Tomasz Roman Kosowski (08:36:50):

There's no way to add up physically all the little droplets and say there's 20 microliters here, there's 50 microliters here, there's a pool over here of 50 ccs or something like that?

Anna Cox (08:37:00):

No.

Dr. Tomasz Roman Kosowski (08:37:00):

You just can't do it?

Anna Cox (08:37:02):

Correct.

Dr. Tomasz Roman Kosowski (08:37:03):

Okay. And there's no way to do that, there's no way to shed any more light with the phenolphthalein as well, correct?

Anna Cox (08:37:15):

No. Phenolphthalein is a presumptive to test for the indication of blood. It's not chemistry. It's not a chemical that's typically used for the same purpose of like a luminol.

Dr. Tomasz Roman Kosowski (08:37:27):

Okay. So what we can definitively say at the end of your testimony, that there's some kind of blood spattering event at the north end of that stall that includes Steven Cozzi's blood, correct? And somebody tried to clean it up afterward?

Anna Cox (08:37:42):

That is correct.

Dr. Tomasz Roman Kosowski (08:37:43):

Thank you very much.

Judge (08:37:45):

All right. Any redirect examination?

Ms. Pidari (08:37:48):

Ms. Cox, I kind of want to go in order of how you were cross- examined. There was a lot of emphasis on the one photo where you could not see the paper towel due to the angle of the photo, right?

Anna Cox (08:38:09):

Correct.

Ms. Pidari (08:38:09):

Now, regardless where the paper towel was located, whether it was moved from the inside of the bathroom out to the outside of the bathroom at some point or another, the fact of the matter is there was a paper towel with Steven Cozzi's blood and Dr. Kosowski's DNA in close proximity to where the bloodletting event that happened in the bathroom occurred, right?

Anna Cox (08:38:29):

Yes. And that paper towel was moved after the bloodletting event outside of the bathroom.

Ms. Pidari (08:38:36):

At some point?

Anna Cox (08:38:37):

At some point.

Ms. Pidari (08:38:37):

Right. Okay. Now, you were questioned on an article that you weren't able to read or look at, but do you have articles with you that are widely accepted in the scientific community that address false positives for phenolphthalein testing?

Anna Cox (08:38:54):

Yes. There was actually a recent test, very extensive test that was done titled The Sensitivity of Phenolphthalein and Benzidine Tests in the Field of Forensic Science. I have a copy. I can give it to you if you would like. Scientifically, it's from a peer reviewed journal and it follows scientific methodology very nicely. It even gives the organic chemical compound structure of phenolphthalein and benzidine. It outlines very specifically the processes by which the testing was employed. It also indicates the items that were tested. There was a total of 51 items that were tested, many of which were referenced of where... I was answering no based off of this particular article that I have here. And the discussion at the end says, "Phenolphthalein does not found to have false positives except for turmeric." They did not test horseradish because that's already widely known. The conclusion is, "Based on the results, the phenolphthalein is found to be more suitable for routine case work for blood identification due to the negligible sensitivity towards peroxidase enzymes of vegetables."

Judge (08:40:23):

You might want to slow down a little bit.

Anna Cox (08:40:23):

Oh, I apologize.

Judge (08:40:23):

[inaudible 08:40:24] go fast.

Anna Cox (08:40:23):

I apologize.

Judge (08:40:23):

It's the end of the day.

Anna Cox (08:40:27):

"On the basis of our result, the phenolphthalein is found more suitable for routine casework for blood identification due to the negligible sensitivity towards peroxidase enzymes of vegetables, and it is more safe than benzidine."

Ms. Pidari (08:40:40):

You said you have a copy of that?

Anna Cox (08:40:42):

I do.

Ms. Pidari (08:40:43):

I'm going to [inaudible 08:40:44] to defense just so he has it.

Anna Cox (08:40:46):

And if you don't mind, the other thing, the way that I came across this is this has been a point of contingency for a couple years now. And what happens is people tend to Google false positives with phenolphthalein. So that's what I did, and I came up with this article. And from the references that were incorrectly referenced in the Google search, AI search, I'm not a techie person, I was able to come across where a lot of this false information is being distributed, and the references of which were included, I can include and give all that to you. Sure.

Ms. Pidari (08:41:21):

Can this all go to Dr. Kosowski? All right, thanks. You want to check it? So in addition to the scholarly articles that are accepted in the scientific community, you also yourself have worked in the field as a forensic specialist, right?

Anna Cox (08:41:40):

Correct.

Ms. Pidari (08:41:41):

And so coupled with the articles and the scientific research that you just talked about, as well as your experience, you're saying tomato, red onion, rust, and gun oil, I think also bleach, you were asked about, all do not create false positives with phenolphthalein testing, correct?

Anna Cox (08:42:00):

I have never personally experienced those false positives, no.

Ms. Pidari (08:42:03):

All right. Now you mentioned turmeric and horseradish can though, right?

Anna Cox (08:42:07):

Correct. Horseradish has been known for my entire career, and that test, that very comprehensive scientific test, did indicate turmeric.

Ms. Pidari (08:42:18):

Okay. And this scene here, you're not processing a kitchen, right?

Anna Cox (08:42:24):

Nor did I see vegetables within that bathroom.

Ms. Pidari (08:42:30):

And you didn't see any vegetables in the bathroom?

Anna Cox (08:42:32):

I did not.

Ms. Pidari (08:42:32):

And just based off experience, typically there's not tomato, red onion, turmeric, and horseradish in public restrooms, right?

Anna Cox (08:42:38):

Not that I've encountered.

Ms. Pidari (08:42:39):

All right. Or into the tailgate of a truck?

Anna Cox (08:42:44):

Not that I've encountered.

Ms. Pidari (08:42:45):

All right. Or it's in the trunk of a Corolla?

Anna Cox (08:42:48):

Not that I've encountered.

Ms. Pidari (08:42:54):

You were asked a lot of different possible hypotheticals of how Steven Cozzi could have had that major bloodletting event, and you said it's all possible, but you're not going to answer hypothetical questions, right?

Anna Cox (08:43:08):

No.

Ms. Pidari (08:43:11):

And the cause of his death is unknown to you because you don't have a medical examiner's report, right?

Anna Cox (08:43:16):

That's correct.

Ms. Pidari (08:43:17):

And is that because they never found his body?

Anna Cox (08:43:18):

That's my understanding.

Ms. Pidari (08:43:20):

May I have a moment to confer? I have no further questions.

Judge (08:43:23):

All right. Thank you, ma'am. You may step down. All right. So before we adjourn, they did type up a transcript of the testimony of Kevin Morgan. We're not going to make a habit of this. As a matter of fact, this is the first time I think anyone's ever asked for it and the first time we've ever done it. So we are accommodating you, but there's a limit to our accommodation. So here's a copy for the state and here's a copy for Mr. Kosowski.

Ms. Pidari (08:43:57):

Also, I'd like to inform Ms. Cox [inaudible 08:43:59] want to make sure that she can be released from her subpoena.

Speaker 19 (08:44:03):

You don't intend to call her again?

Judge (08:44:05):

I don't believe so.

Ms. Pidari (08:44:07):

Okay.

Judge (08:44:07):

All right. So she's released from her subpoena.

Ms. Pidari (08:44:10):

Okay. Thank you.

Judge (08:44:10):

Where's her office? Is it in Tampa?

Speaker 19 (08:44:10):

Yes.

Ms. Pidari (08:44:19):

She's local, but she does have some things next week, that's why I was asking.

Judge (08:44:22):

All right. So...

Speaker 19 (08:44:26):

Sorry, was defense exhibit admitted?

Ms. Pidari (08:44:26):

Yes.

Speaker 19 (08:44:26):

Okay.

Judge (08:44:27):

All right. I don't think it actually happened, but we'll stipulate.

Ms. Pidari (08:44:29):

We'll stipulate to it.

Judge (08:44:30):

All right. You're moving into evidence, all right?

Dr. Tomasz Roman Kosowski (08:44:32):

Thank you.

Judge (08:44:32):

All right. So it's admitted defense exhibit number one. Okay. Anything else we need to talk about before we see you tomorrow? All right. I don't know if we're behind or not. I think you were going to call Lance Moore, and I think he's pretty long, right?

Dr. Tomasz Roman Kosowski (08:44:51):

Yes, he's a long witness.

Judge (08:44:52):

All right.

Dr. Tomasz Roman Kosowski (08:44:53):

He's probably two hours.

Judge (08:44:55):

All right. So I think we're going to at least go into Wednesday for closings. Anyway, right?

Dr. Tomasz Roman Kosowski (08:45:01):

Potentially.

Judge (08:45:02):

Yeah. So I mean, we'll see how it goes. I don't think it'll go beyond Thursday, but we'll see. All right. So anything else before we adjourn?

Dr. Tomasz Roman Kosowski (08:45:14):

No, Your Honor. Well, 10:15 tomorrow is what you said?

Judge (08:45:17):

Right.

Dr. Tomasz Roman Kosowski (08:45:17):

Okay.

Judge (08:45:20):

Right, 10:15. I mean, you never know. If people continue everything, we get done really early. If we actually resolve things, then it takes a while so it's really hard to know what's going to happen. But I think we'll be ready at 10:15, but we'll see. Okay? All right. Everybody have a good night.

Bailiff (08:45:36):

All rise. Court is adjourned.

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