Viewer - Cara Rintala Trial: Live updates from Day 10 of courtroom proceedings

Cara Rintala Trial: Live updates from Da...

Wednesday February 27, 2013

9:05

9:03 a.m. Fred Contrada reporting in for The Republican on the trial of Cara Rintala. The jury is waiting to come into the courtroom. The judge has told the lawyers that one juror reported that he might have worked with one of the witnesses. They will bring him in and ask if he can still render an impartial judgment.

Wednesday February 27, 2013 9:05

9:08

9:04 a.m. They are talking to the juror at sidebar, so we can't hear the discussion. This is not unusual, especially during a long trial with a lot of witnesses. Hampshire County is a relatively small place and it's almost inevitable that a juror knows someone involved in the trial, either directly or indirectly. I often recognize a juror or two, though not in this trial. If I do, I'm careful to avoid him or her until after the trial is over.

Wednesday February 27, 2013 9:08

9:14

9:08 a.m. The juror is still seatred so they must have decided his familiarity with the witness is not a problem.
Caroline Tatro is still on the stand from yesterday. She is a forensic scientist who specializes in detecting, testing and collecting samples of blood, hair and other such evidence. Gagne is showing a photo of the workbench in the Rintala basement. A close-up shows a bent door latch. Tatro tested it for DNA from skin cells. Tatro refers to prints from Carla Daniele, DNA from Mark Oleksak and prints from Oleksak, all of which have been entered into evidence.
Gagne done. Hoose on cross.

Wednesday February 27, 2013 9:14

9:17

9:14 a.m. Hoose: You've had to refer to your notes because there is a lot to refer to.
Tatro: Yes.

Wednesday February 27, 2013 9:17

9:17

[Comment From Scott CheggScott Chegg: ]

Is Mark, the man who exchanged affectionate texts with Annamarie, on the witness list?

Wednesday February 27, 2013 9:17 Scott Chegg

9:17

9:16 a.m. Yes.

Wednesday February 27, 2013 9:17

9:19

9:17 a.m. Hoose refers to Tatro's report concerning the laundry basket. She reads that there were dark red scuff marks on the basket.

Wednesday February 27, 2013 9:19

9:19

[Comment From guestguest: ]

Do you know what carla's connection is to this case?

Wednesday February 27, 2013 9:19 guest

9:19

9:18 a.m. Rather than speculate, I would rather report how this plays out in the trial.

Wednesday February 27, 2013 9:19

9:24

9:19 a.m. Hoose: The scuff marks were not blood, right?
Tatro: Yes.
Hoose is pressing her about how she decided which areas of the basket to test and how she handled the stains. He refers to the photo of the blood stain. Positive, he says, means it could be blood.

Wednesday February 27, 2013 9:24

9:29

9:24 a.m. Hoose: You can't tell the age of a blood stain.
Tatro: Correct.
Hoose: That stain (on the rim of the basket) could have been there for a long time.
Tatro: Yes.

Wednesday February 27, 2013 9:29

9:33

9:28 a.m. Hoose is asking her about DNA that gets transfered through skin cells. Asks if she is cautious about contaminating DNA samples. She says she is very cautious. He asks her about the rags she examined (she spoke of this yesterday). Tatro did not see the rags on a sheet of butcher paper in the house.
Hoose: Were you aware the rags were brought in from outside the crime scene?
Tatro: Yes.
Hoose: If you were in charge, you would never bring outside items to a crime scene.
Tatro: Says she would not.
Hoose asks if this is good practice. Gagne objects. Tatro says she would try to avoid it.

Wednesday February 27, 2013 9:33

9:36

9:32 a.m. Hoose, with rag in hand, says heat and time are enemies of DNA. Asks Tatro if there are other stains on the rag. She says she did not determine what those stains are.

Wednesday February 27, 2013 9:36

9:42

9:35 a.m. Hoose continues to ask Tatro about her testing of the rags. (These ostensible came from the trash can at McDonalds). Hoose says the Orthotolodine (sp?) is very sensitive. This is the substance they use to detect even minuiscule amounts of blood. They move on to Tatro's April 16, 2010 report.

Wednesday February 27, 2013 9:42

9:48

9:41 a.m. Hoose shows Tatro a photo of the doormat (yesterday she testified it had a white residue on it). This photo has a black plastic piece in it, differentiating it from the photo entered into evidence yesterday. She doesn't know if her lab came into possession of the black piece of plastic.

Wednesday February 27, 2013 9:48

9:51

9:48 a.m. Sometimes a line of questioning seems curious to the onlooker. The attorney will sometimes be laying a foundation for a later conclusion. Occasionally, he or she will state that conclusion while the witness is on the stand (this can bring an objection). At times, the attorney is simply trying to raise questions about the efficiency and propriety of an expert witness's work or the truth of a witness.

Wednesday February 27, 2013 9:51

9:56

9:51 p.m. Hoose asking about the hairs found on Annamarie's body. No witness to this point has ventured an opinion about whose hairs they are.
Hoose: Correct me if I'm wrong. You examined a lot of hairs in this case. (Shows her a "hair examination sheet"). (This sheet offers a lot of information about a hair).

Wednesday February 27, 2013 9:56

10:01

9:55 a.m. Hoose: You noted there was an earring on the carpet. Tatro said she did not collect that item. He is questioning her about her description of the paint bucket and lid.
Hoose shows her a photo that shows the paint bucket is on top of the lid. Tatro previously said the lid was beside the bucket.

Wednesday February 27, 2013 10:01

10:07

10:01 a.m. Asking about the trace evidence (hairs) taken from the victim at the scene. You noted that there was additional "debris," Hoose says. What kind of debris?
Tatro can't say.
Tatro, in response to questioning, says that some hairs were identified as cat hair.
Hoose asks about traces taken from the vacuum at the scene. Tatro said she only noted animal hairs on the report she has.

Wednesday February 27, 2013 10:07

10:09

10:06 a.m. You might notice that this is not like a TV trial where one side will undermine the other's position with spectacular surprises. Real law is usually much more laborious and subtle.

Wednesday February 27, 2013 10:09

10:13

10:09 a.m. Hoose is going over the items collected as evidence one by one. The animal hairs. The human hairs.
Hoose asks is Tatro knows what Locard's Principle (sp?) is. She says its the science of forensics as regards the transfer of evidence from one location to another.

Wednesday February 27, 2013 10:13

10:18

10:13 a.m. Hoose asks Tatro about her examination of jewelry taken from the defendant. A ring. A bracelet. (She testified yesterday she saw paint on the bracelet). Hoose asks why she didn't test the bracelet for blood? She said she did test it but it proved negative.
He shows photo of pendant with what appears to be blood stains. Hoose says the chain and the pendant on it appear to be made from different metals.

Wednesday February 27, 2013 10:18

10:23

10:17 a.m. Hoose asks about false positives with the blood screening test.
Hoose: We can't say this is human blood on that necklace?
Tatro: Correct.
Hoose: Certain metals can cause false positives. You can't tell us if the necklace has any of those metals in it.

Wednesday February 27, 2013 10:23

10:24

10:22 a.m. Hoose: You'd be expected to get DNA off the necklace.

Wednesday February 27, 2013 10:24

10:27

11:24 a.m. A few years ago we had a Ware murder case in which they identified the perpetrator by the DNA he left on a cigarette. He used the cigarette to prop up the window through which he entered before killing an elderly women. The defendant thought he was safe because he did not smoke the cigarette and could not have left DNA on it. However, he kept it behind his ear and they got skin cells off it, which included his DNA. He was sentenced to life in prison.

Wednesday February 27, 2013 10:27

10:29

10:26 a.m. Hoose continues to ask detailed questions about evidence that was tested, particularly blood evidence.

Wednesday February 27, 2013 10:29

10:29

[Comment From GuestGuest: ]

will someone be testifing to all the DNA collected off various items and to the hair, and blood as well?

Wednesday February 27, 2013 10:29 Guest

10:29

10:29 a.m. I would expect so.

Wednesday February 27, 2013 10:29

10:32

10:29 a.m. Hoose now addressing the blood spot on the shower curtain. Tatro says it's not unusual to find a blood stain inside a shower stall and so did not collect the sample on the shower curtain.

Wednesday February 27, 2013 10:32

10:32

[Comment From GuestGuest: ]

are annamarie parents and family there today?

Wednesday February 27, 2013 10:32 Guest

10:32

10:31 a.m. Yes. They have been here every day.

Wednesday February 27, 2013 10:32

10:37

10:32 a.m. The defendant who was convicted of the Ware killing is Nathan Ruell.

Wednesday February 27, 2013 10:37

10:37

[Comment From GuestGuest: ]

if my memory serves me correctly we are only on about witness 10 or so, and there was a list of over 100 names as witness. How do they only think that the trial is only going to take 4 weeks. We are on day 10, and I'm sure it hasn't evedn placed a dent in what's to come? Do you think it could last longer then 4 weeks?

Wednesday February 27, 2013 10:37 Guest

10:39

10:37 a.m. About a dozen witnesses have taken the stand. Not everyone on the list will be called. e.g. Roy Dupuis, the next door neighbor testified. His wife is also on the list but she waqs not called. Each side has discretion about whom to call.

Wednesday February 27, 2013 10:39

10:40

10:39 a.m. Hoose is conferring with his partner Luke Ryan. He says he has no further questions. Gagne on re-direct.

Wednesday February 27, 2013 10:40

10:44

10:40 a.m. Gagne goes back to the laundry basket, shows photo of stain. Hoose was essentially questioning the accuracy of the way evidence was identified, gathered and examined. Gagne is trying to reinforce the efficiency and accuracy of that system through his questions to Tatro. This literally comes down to splitting hairs.

Wednesday February 27, 2013 10:44

10:48

10:44 a.m. When lawyers work in teams, as these are, the questioner often consults with the partner before concluding, as Hoose did, to see if there is anything they have talked about that was missed or other issues the partner has spotted.

Wednesday February 27, 2013 10:48

10:57

10:47 a.m. Gagne asks about her paint bucket/lid testimony. He shows a photo on which it is difficult to judge whether the lid is next to or under the bucket because of all the paint on them. He asks her about the cat hairs. He asks about her examination of a belt and buckle. Gagne brings up the topic of a second belt. Hoose objects. They go to sidebar.

Wednesday February 27, 2013 10:57

11:00

10:57 a.m. Gagne puts on latex gloves, takes a pair of pint-covered jeans out of an evidence bag. Takes out a belt that was attached to the jeans. Tatro measures the belt at Gagne's direction: 38 1/2 inches.
Gagne done. Hoose on re-cross.

Wednesday February 27, 2013 11:00

11:03

11 a.m. Is it fair to say the hair in the door jamb the same length as hairs on victim's body? Tatro says yes.
Hoose: You know the difference between "on top of" and "next to."
Ends re-cross.

Wednesday February 27, 2013 11:03

11:04

11:03 a.m. Break for recess. Back at 11:20 a.m.

Wednesday February 27, 2013 11:04

11:24

11:21 a.m. Waiting for the judge and jury. Re the rules of questioning, the attrorney on direct cannot bring up a new subject on re-direct unless he claims that the cross-examiner "opened the door" during his or her questioning. When this claim is made there is usually an objection and an argument. So the person on direct must be careful to include the whole scope of his/her planned questioning the first time around.

Wednesday February 27, 2013 11:24

11:26

11:24 a.m. Clarification about the blood on the shower curtain. There were TWO drops of blood. One on the outside of the liner and one on the inside. The one on the outside was tested. Tatro said they did not test the drop non the inside becuase that is not an unusual place for blood to be found.

Wednesday February 27, 2013 11:26

11:33

11:26 a.m. Gagne calls Erin Karella, state police trooper. She is in the crime scene servies unit. Her job is to take photos and video the crime scene. She also collects evidence. She was called to the Rintala crime scene. Took lots of photos.

Wednesday February 27, 2013 11:33

11:34

[Comment From DODO: ]

What relevance was the DNA from Carla and mark it seems they didn't eloboraate why it was collected

Wednesday February 27, 2013 11:34 DO

11:34

11:33 a.m. These answers are most likely yet to come.

Wednesday February 27, 2013 11:34

11:41

11:34 a.m. Gagne shows Karella photos she took. Paint bucket and lid on basement floor. Shovel standing outside the door.

Wednesday February 27, 2013 11:41

11:41

[Comment From GuestGuest: ]

do you know when the ME will be called?

Wednesday February 27, 2013 11:41 Guest

11:41

11:40 a.m. No.

Wednesday February 27, 2013 11:41

11:46

11:41 a.m. Karella saw wood chips on the door mat, points them out in photo. She points out a small piece of black plastic. She collected this evidence.

Wednesday February 27, 2013 11:46

11:53

11:46 a.m. Gagne moves on to evidence from door jamb. A portion was removed, Karella said. Gagne shows photo of hacked-up door jamb, another photo of the part that was removed. Gagne introduces photo of broken plate on basement floor. A photo of blue vacuum cleaner on basement floor.

Wednesday February 27, 2013 11:53

11:54

[Comment From GuestGuest: ]

Do you know how many years/months cara has served in jail prior to the trial

Wednesday February 27, 2013 11:54 Guest

11:57

11;53 a.m. Rintala has been held without right to bail since Oct. 29, 2011.

Wednesday February 27, 2013 11:57

12:01

11:56 a.m. Gagne shows photo of frying pan, of a bent door latch. Shows a photo of a small plastic cup at crime scene. The lid is resting on the arm of Annamarie's body.

Wednesday February 27, 2013 12:01

12:07

12:01 p.m. Gagne shows photo of belt on deck of patio. There's a sock nearby. Karella testifies that she went to the Granby police department to collect the footwear first responders wore to the crime scene. Gagne shows photo of crime scene with boot prints in white paint. Karella said she collected four seats of footwear. A few months later, William Cochrane, Annamarie's father, came to the state police lab to give his fingerprints, Karella said.

Wednesday February 27, 2013 12:07

12:12

12:07 p.m. Gagne ends his questioning. Hoose on cross.
He asks Karella to again detail the timetable of her time at crime scene, who else was there, when she took the photos.
Hoose: You knew other people had been at the scene for more than an hour. If things are moved around, there's no way of you knowing unless they tell you.
Hoose shows photo with the wood and paint chips on door mat and thre black piece of plastic. There was also the back of an earring near the mat.

Wednesday February 27, 2013 12:12

12:18

12:13 p.m. Hoose shows photo of earring back near mat. Shows Karella a photo of an earring. Offers the photo into evidence. The earring is on some kind of rug.

Wednesday February 27, 2013 12:18

12:19

12:18 a.m. Hoose continues to imply that the evidence collection was flawed and that the crime scene was compromised.

Wednesday February 27, 2013 12:19

12:22

12:19 p.m. No further questions. Karella steps down. Gagne calls Christopher Dolan, a state police trooper in the crime scene unit.

Wednesday February 27, 2013 12:22

12:25

12:22 p.m. Gagne asks abour fingerprint analysis. Dolan explains what a fingerprint is, how it leaves its mark through perspiration. Typically you can't see a "latent" print, Dolan says. He describes a palm print. He explains how to lift a print.

Wednesday February 27, 2013 12:25

12:25

[Comment From GuestGuest: ]

Is mark oleksak in the court room at this time

Wednesday February 27, 2013 12:25 Guest

12:27

12:24 p.m. Oleksak is on the wintness list. Witnesses are not allowed to be in the courtroom while other witnesses are being questioned. They are sequestered so their testimony is not influenced by someone else's. Sometimes the court makes an exception for an investigator who testifies but also consults with the prosecution or defense.

Wednesday February 27, 2013 12:27

12:32

12:27 p.m. Dolan explains how he compares and identifies fingerprints. There is an automated system linked with the FBI. It's a data base of know prints. It has many 100,000s, he said. They get into the data base mostly through arrests. Dolan describes what makes a surface conducive to registering a print. A mirror would be good. A coat sleeve would be bad. Rain could obliterate a print. A print can remain on a surface indefiitrely, depending on the environment.

Wednesday February 27, 2013 12:32

12:33

12:31 p.m. Gagne: Can you date a fingerprint?
Dolan: No. Not scientifically.
Gagne directs Dolan to March 29, 2010. Dolan responded to the crime scene.

Wednesday February 27, 2013 12:33

12:36

12:33 p.m. Dolan describes how the team documented the scene, step by step. What protective equipment they put on, etc.

Wednesday February 27, 2013 12:36

12:41

12:36 p.m. Gagne plays crime scene video taken by Dolan. It starts with the outside of the house. Entrance barred by police tape. Interior with open door... door jamb... kitchen... other rooms and hallways.
Gagne stops before the basement scene.

Wednesday February 27, 2013 12:41

12:43

12:41 p.m. Gagne: You went back to take prints. How many sets did you have for comparison. He had prints from Annamarie Rintala, Cara Rintala, Carla Daniele, Mark Oleksak and William Cochrane, Dolan says.

Wednesday February 27, 2013 12:43

12:48

12:43 p.m. Dolan found no prints on the shovel. He found no prints on the door jamb. He found a print on the vacuum, but not of sufficient quality to ID. He found a print on the broken plate. It did not match any of the five prints he had for comparison. He ran it through the FBI data base with no results.

Wednesday February 27, 2013 12:48

12:51

12:48 p.m. Dolar checked the paint bucket for prints. He found 5 prints, 4 of which were usable.

Wednesday February 27, 2013 12:51

12:52

[Comment From WMWM: ]

Do you know if Mark Oleksak will be called today?

Wednesday February 27, 2013 12:52 WM

12:52

12:50 p.m. I don't know.

Wednesday February 27, 2013 12:52

1:00

12:52 p.m. One of the prints belonged to William Cochrane, Annamarie's father, Dolan said. Two of the their prints did not match any samples Dolan had and were not in the data base. Another other print also matched Cochrane's.
Dolan tested the lid for prints, found one print on the lid. It was a palm print that did not match four of the samples Dolan had. He could not compare it to Cara Rintala's because he did not have a palm print from her.
The court breaks for lunch. The trial will resume at 2 p.m.

Wednesday February 27, 2013 1:00

2:08

[Comment From GuestGuest: ]

"Tatro tested it for DNA from skin cells. Tatro refers to prints from Carla Daniele, DNA from Mark Oleksak and prints from Oleksak, all of which have been entered into evidence."

Wednesday February 27, 2013 2:08 Guest

2:08

2:04 p.m. Court back in session. State police trooper Chris Nolan still on the strand under questioning by prosecutor Steve Gagne. Police looked for prints on the door.

Wednesday February 27, 2013 2:08

2:08

2:07 p.m. No one has testified that they collected any DNA or prnts from Daniele or Oleksak at the crime scene. I don't know how the police got their prints.

Wednesday February 27, 2013 2:08

2:10

2:08 p.m. Gagne done. Hoose on cross.
In summary, Dolan testified that the only identifiable prints he found on the items in question belonged to Mr. Cochrane on the paint bucket.

Wednesday February 27, 2013 2:10

2:11

[Comment From GuestGuest: ]

Has the defense yet to bring out they have other suspects that should be looked at more?

Wednesday February 27, 2013 2:11 Guest

2:11

2:10 p.m. No.

Wednesday February 27, 2013 2:11

2:15

2:11 p.m. Hoose: You never asked for Cara's palm prints?
Dolan: No.
Hoose: Did you look at the body? Have you ever tried to lift fingerprints from a dead body?
Dolan: No.
Hoose: If you were told she was strangled, could you look for prints in that area?
Dolan: Yes but I've never done that.
Hoose done with cross. Gagne on re-direct.
Gagne asks how likely you are to get a fingerprint off a body. Nolan says it's like getting a print off a pancake.
Hoose: Blood and paint good mediums to loeave prints?
Nolan: No.

Wednesday February 27, 2013 2:15

2:25

2:15 p.m. Gagne calls Parker Putnam, forensic scientist for state police in the trace analysis unit. He analyzed paint from the shovel.

Wednesday February 27, 2013 2:25

2:33

2:24 p.m. Gagne shows Putnam a photo of what appears to be white paint on the handle of the shovel. He analyzed a cutting from black fleece jacket belonging to Cara that had paint on it. He analyzed part of the door jamb, Annamarie's pants.

Wednesday February 27, 2013 2:33

2:37

2:33 p.m. Putnam testifies that the paint on the shovel tip and the paint from the door jamb are consistent with each other (so the shovel could have been used to hack the doorway).

Wednesday February 27, 2013 2:37

2:38

2:36 p.m. Putnam testifies that the reside from the shovel handle was NOT like the paint on the shovel or doorway.

Wednesday February 27, 2013 2:38

2:47

2:41 p.m. Putnam found that the paint on Cara's fleece jacket, the paint on Annamarie's pants and the paint from the bucket in the basement are consistent with each other.
Gagne done. Hoose on cross.
Hoose: The paint on the clothes came from the open bucket of paint next to them?
Putnam: Could have.

Wednesday February 27, 2013 2:47

2:49

2:46 p.m. Hoose on cross.
Hoose: What is the black piece of plastic?
Putnam: I don't know.

Wednesday February 27, 2013 2:49

2:49

[Comment From GuestGuest: ]

DO THEY KNOW IF THE PAINTED ON THE HANDLE TO THE SHOVEL IS THEY SAME AS THE PAINT ON THE CLOTHING?

Wednesday February 27, 2013 2:49 Guest

2:50

2:49 p.m. No one has said so in court.

Wednesday February 27, 2013 2:50

2:52

2:49 p.m. Rup tells jury court is done for the day and excuses it. Trial to resume Thurs. at 9 a.m. It will be a half day (9a.m.-1 p.m.). We'll see if the judge and lawyers will talk about other matters now in open court.

Wednesday February 27, 2013 2:52

2:53

2:52 p.m. The judge is seeing counsel at sidebar so we can't hear what they are saying.

Wednesday February 27, 2013 2:53

2:53

[Comment From GuestGuest: ]

Why an early end for today?

Wednesday February 27, 2013 2:53 Guest

2:54

2:52 p.m. The next scheduled witness is sick.

Wednesday February 27, 2013 2:54

2:54

[Comment From GuestGuest: ]

i thought court was till 4 today?

Wednesday February 27, 2013 2:54 Guest

2:54

2:53 p.m. It was scheduled that way, but things change.

Wednesday February 27, 2013 2:54

2:54

[Comment From Scott CheggScott Chegg: ]

Is Putnam done testifying or will he be back tomorrow?

Wednesday February 27, 2013 2:54 Scott Chegg

2:55

2:54 p.m. He's done.

Wednesday February 27, 2013 2:55

2:55

[Comment From GuestGuest: ]

why are they side bar if the jury has left room?

Wednesday February 27, 2013 2:55 Guest

2:55

2:54 p.m. The judge said wehatever they're talking about doesn't need to be on record.

Wednesday February 27, 2013 2:55

2:55

[Comment From GuestGuest: ]

who was the next witness?

Wednesday February 27, 2013 2:55 Guest

2:55

2:55 p.m. I don't know.

Wednesday February 27, 2013 2:55

2:56

[Comment From GuestGuest: ]

do you know who was the witness that is sick?

Wednesday February 27, 2013 2:56 Guest

2:56

2:55 p.m. No.

Wednesday February 27, 2013 2:56

3:00

2:59 p.m. I believe the judge is going to call the jury back to tell them to come to court tomorrow at 9:30 a.m.

Wednesday February 27, 2013 3:00

3:18

3:10 p.m. With the jury out, counsel is trying to sort out some matters. Gagne wants to introduce parts of a hearing in Belchertown district court concerning the restraining orders the two women filed against each other and their dressing down by the judge. Hoose believes all the jury needs to hear on the domestic violence matter is the fact that they had mutual restraining orders and divorce complaints. He doesn't want the substance of the restraining orders to come in.

Wednesday February 27, 2013 3:18

3:18

[Comment From GuestGuest: ]

this seems alittle odd no Fred?

Wednesday February 27, 2013 3:18 Guest

3:18

3:17 p.m. No, this is not uncommon.

Wednesday February 27, 2013 3:18

3:18

[Comment From GuestGuest: ]

is everyone still in the courtroom?

Wednesday February 27, 2013 3:18 Guest

3:19

3:18 The judge, lawyers, defendant and reporters are still here.

Wednesday February 27, 2013 3:19

3:22

3:18 p.m. ADA Jennifer Suhl, who is second chair for the Commonwealth, is telling Rup that the hearing on the restraining order was a turning point in the relationship and is relevant. There were no 911 calls after that, she said. She says Rup should admit the judge's statement to show how it affected Cara's state of mind. After this, Suhl said, Cara could no longer turn to law enforcement for help and had to deal with her wife herself. She said Hoose mentioned this in his opening and it should come in. The judge's statements are not prejudicial to Cara.

Wednesday February 27, 2013 3:22

3:27

3:21 p.m. Suhl is arguing that the judge's warning that the Department of Children and Families can take their child goes to Cara's state of mind. Rup says that a lot of it crosses the line as far as being relevant in this case. She appears to intend to redact some of it.
Hoose asks Rup to consider having the judge's statement read rather than playing the recording of it in court. Doesn't look good for a jury to have your client being reamed out by a judge, he says.
Suhl would like to play the audio but the prosecution could live with a transcript. However, she wants the recording of what Cara says to be played.
Rup will let them know her decision tomorrow.

Wednesday February 27, 2013 3:27

3:29

3:27 p.m. Rup says court will start at 8:30 a.m. tomorrow. There will be a voir dire of a witness to preview testimony. The jury is being asked to start at 9:30 a.m.

Wednesday February 27, 2013 3:29

Thursday February 28, 2013

8:55

8:48 a.m. Fred Contrada logging on to cover the Cara Rintala murder trial for Masslive. Technical problems have delayed my log-on by about ten minutes. Sorry.
Judge Mary-Lou Rup set aside this time to talk about several matters outside the hearing of the jury. Rup said she will not play the recording of a district court judge chastising the two wives but will instead have someone read it into evidence. They were going to voir dire a witness about the use of a method to detect blood in the bath tub. However, the two sides have come to an agreement to not get into the blood in the bath tub issue.
Prosecutor Steve Gagne told Rup he expects to wind up his case next Wednesday. Defense lawyer David Hoose said he will finish by next Friday.
The jury was asked to come to court at 9:30 a.m. today because of the expected discussions, but they went quickly and now everyone is just waiting.

Thursday February 28, 2013 8:55

9:20

From the newsroom: Due to a technical issue this morning, yesterday's updates are also appearing in the live blog module today. Archived live coverage and daily summaries are available at:

http://topics.masslive.com/tag/cara-rintala/posts.html

- Greg Saulmon / The Republican

Thursday February 28, 2013 9:20

9:30

From the newsroom:

The term "voir dire" has come up several times and people often ask for a definition. I think Fred has explained it in previous updates -- but, for anyone who might've missed it: "voir dire" refers to the questioning of a juror to ensure that they're fit to serve -- e.g., that they can be impartial and that they are free of any conflicts due to relationships with anyone connected to the trial.

The term is used most frequently in connection with the questioning that happens during the initial jury selection, but a "voir dire" situation might come up mid-trial if, for example, a juror suddenly realizes that s/he knows a witness.

Fred has spent a lot more time in court during his career than I have, though, so he may be able to jump in with additional information on that definition.

- Greg Saulmon / The Republican

Thursday February 28, 2013 9:30

9:32

9:27 p.m. Voir dire is French for something I can't quite translate. I think "to see to talk" might be close. As it concerns trials, it is when a witness or juror is questioned outside the hearing of the jury. In the case of a witness, the questioning determines whether or not the testimony the witness intends to give at trial is permissible in view of the rules of evidence, mainly if it is more prejudicial and inflammatory than probative, or reflective of the essence of the trial content.

Thursday February 28, 2013 9:32

9:32

[Comment From DebDeb: ]

Good morning Fred. Does the court have a place set aside for the Press, or are you on the rock hard benches in the gallery?

Thursday February 28, 2013 9:32 Deb

9:34

9:31 a.m. The judge is letting me, Joe McGinniss and Bob Dunn, the Gazette reporter, sit on the near side of the barrier that separates the legal personnel from the audience. I have been allowed to sit near the only available electric socket so I can power my equipment for blogging.

Thursday February 28, 2013 9:34

9:46

9:41 a.m. The jury is back in court. Rup explains that they addressed other matters earlier today that should not be in front of them. Gagne introduced a bunch of photos into evidence this morning without objection from the defense to save time. Rup explains this as well. She tells the jury it looks like the evidence might end next Thursday or Friday. They could be going into the following week with their deliberations. They should check in with their employers, Rup says. Next week, Rup says, they can clear the court schedule to have full days on Tuesday and Thursday if necessary.

Thursday February 28, 2013 9:46

9:48

[Comment From guestguest: ]

have there been any new pic of rintala this week at court.

Thursday February 28, 2013 9:48 guest

9:50

@guest -- The Gazette's Kevin Gutting shot photos on Monday.

The Gazette and The Republican have been collaborating on the photo effort, and pooling our resources. On some days, one of their photographers shoots and shares photos with us; on others, one of our guys shoots and shares with them.

Both of our photo departments are strapped for resources, though, and have not been able to shoot in court the past few days.

- Greg Saulmon / The Republican

Thursday February 28, 2013 9:50

9:52

9:45 a.m. Gagne calls Kenneth Martin, state police Det. Lt. with a unit that goes to crime scenes to process them for evidence. He currently works out of the Sudbury lab.

Thursday February 28, 2013 9:52

9:56

9:51 a.m. Martin specializes in blood stain pattern analysis, print and footwear examination. He has been involved in hundreds of crime scenes.

Thursday February 28, 2013 9:56

10:00

9:56 a.m. Gagne asks how Martin approaches a scene in terms of procedure. Martin goes over various scenarios. He like to clear the scene to avoid contamination.

Thursday February 28, 2013 10:00

10:02

10 a.m. Gagne asks about a chemical called Luco Crystal Violet (sp?) Also called LCV. Martin explains how it works to detect blood.

Thursday February 28, 2013 10:02

10:03

10:02 a.m Martin is tending to give too much information in response to questions and Hoose is objecting. Rup told the witness this isn't a narrative and to keep his answers short and responsive to the specific questions.

Thursday February 28, 2013 10:03

10:06

10:03 a.m. Martin describes "latent" blood stains that are not detectable by the naked eye. The LCV will find them and turn them blue.

Thursday February 28, 2013 10:06

10:09

10:06 a.m. Martin was called to Barton St. for the Rintala crime scene on the morning of March 30, 2010.

Thursday February 28, 2013 10:09

10:09

[Comment From RCRC: ]

IF YOU WANT GO TO THE TRIAL WHAT TIME DO HAVE BE THERE

Thursday February 28, 2013 10:09 RC

10:10

10:09 a.m. Court normally starts at 9 a.m. People can come and go during testimony if they are quiet and if there are availble seats.

Thursday February 28, 2013 10:10

10:12

From the newsroom:

Information on that "Leucocrystal Violet" the witness is discussing:

https://dps.mn.gov/divisions/bca/bca-divisions/forensic-science/Pages/forensic-programs-crime-scene-leuco.aspx

Thursday February 28, 2013 10:12

10:16

10:11 a.m. Martin looks at his notes from the crime scene and autopsy. Looks at photo of side door with hack marks on door jamb. Photo of door knob shows dents.Damage to the door striker.

Thursday February 28, 2013 10:16

10:22

10:16 a.m. Martin said he saw no damage to the glass window on the door. Gagne shows himmultiple photos of the damage on the door jamb and black weather stripping.

Thursday February 28, 2013 10:22

10:31

10:28 a.m. Gagne shows Martin a photo of the kitchen at 18 Barton St. before LCV applied to kitchen floor. An "after" photo shows lots of dark blue stains on floor that supposedly detects blood. Among them are what appear to be footprints.

Thursday February 28, 2013 10:31

10:33

10:30 a.m. Gagne shows a photo of the bathroom. There are blue stains on the floor from LCV.

Thursday February 28, 2013 10:33

10:37

10:33 a.m. Martin describes the crime scene in basement, paint, blood, etc. Gagne shows photo of Annmarie's body, the paint bucket next to her.

Thursday February 28, 2013 10:37

10:42

10:37 a.m. Rup is seeing the lawyers at sidebar. Martin is still over-explaining things and Hoose keeps objecting. Martin has been trying to explain a process by which paint creeps along an edge against which it has pooled. Hoose wants this stricken.
Martin is using a pointer to show the creep he has described. Rup must be letting it in in some form. The blood did not creep like this against the cover. It could be that the prosecution wants the jury to think that the cover was placed over the blood after it collected on the floor. In fact, Martin just testified that the paint was preexisting prior to the cover being placed down.

Thursday February 28, 2013 10:42

10:43

10:40 a.m. So Martin is essentially suggesting (sometimes saying) that the cover of the paint bucket was put on the floor after Annamarie bled on the floor.

Thursday February 28, 2013 10:43

10:50

10:43 a.m. Martin looks at photo of blood spatter on basement floor. Gagne shows another photo of a ring Martin drew of the laundry basket outline. There were blood stains under the laundry basket, Martin said. In another photo, you can see many blue stains where the LCV was used to detect blood.

Thursday February 28, 2013 10:50

10:57

10:50 a.m. Martin points to blood stain on carpet at bottom of basement stairs. The blood was not visible on the floor and stairs around the carpet area before the LCV was applied.

Thursday February 28, 2013 10:57

11:06

10:56 a.m. Gagne introduces photo of a shelving unit. The shelfs are to the left of the basement stairs. Martin marked possible blood stains on one of the shelves. View of shelf from the stairs. There is a big blue mark on the plastic bucket from the LCV. Blue stains also on side of shelf.

Thursday February 28, 2013 11:06

11:10

11:06 a.m. Martin still on stand. In summary up to now he has testified to finding blood on a shelf along the basement stairs, on a bucket on one of the shelves, on a piece of wood that holds up the bottom stair and on the rug at the bottom of the stairs. None of this blood was visible to the naked eye. No one has suggested whose blood it is.

Thursday February 28, 2013 11:10

11:15

11:09 a.m. More blood on the shelf and side of stairs, according to Martin. More blood on basement floor (as discovered by LCV). Blood all over the floor. Martin says there appears to have been swipe marks in the blood.
The court takes its morning break.

Thursday February 28, 2013 11:15

11:38

11:34 a.m. Court back in session. State police trooper Kenneth Martin on the stand. Gagne shows him a photo of shelf with LCV blue marks where blood was detected. It is all around a blue plastic bucket, which has been removed.

Thursday February 28, 2013 11:38

11:39

11:37 a.m. Martin and other prosecution witnesses have laid out evidence that suggest vaqrious scenarios, but no one had yet connected all the dots.

Thursday February 28, 2013 11:39

11:39

[Comment From guestguest: ]

Do you know yet if cara will take the stand?

Thursday February 28, 2013 11:39 guest

11:40

11:38 a.m. Defendants, if they take the stand, are normally called last. There has been no indication she will testify.

Thursday February 28, 2013 11:40

11:46

11:40 a.m. Gagne ends his questioning. Hoose on cross.
Hoose is asking Martin about the importance of maintaining the integrity of a crime scene.

Thursday February 28, 2013 11:46

11:52

11:45 a.m. Hoose points out that Martin took few notes during 15 hours at the crime scene.
Hoose: You have no notes as to how long the reactions took? If you wait too long it's going to react to anything (and turn blue). Martin agrees.

Thursday February 28, 2013 11:52

11:54

11:52 a.m. You don't get to the crime scene first, Hoose said. If other police, firefighters, etc. make mistakes and move something, you can't do anything about it. Martin agrees.

Thursday February 28, 2013 11:54

12:00

11:56 a.m. Hoose shows Annamarie's body. Points out a paramedic bag in corner of picture. Hoose says there's white paint on the side of the bag.

Thursday February 28, 2013 12:00

12:02

[Comment From W.m.W.m.: ]

Has mark oleksak been called to the witness stand yet

Thursday February 28, 2013 12:02 W.m.

12:03

12 p.m. No.

Thursday February 28, 2013 12:03

12:05

[Comment From W.m.W.m.: ]

Will mark oleksak be called to the witness stand

Thursday February 28, 2013 12:05 W.m.

12:05

12:02 p.m. I don't know. He's on the list.

Thursday February 28, 2013 12:05

12:07

12:04 p.m. You have a body at the bottom of the stairs. Someone has to go upthose stairs to get out. First responders and Cara have been up and down. Not an ideal situation, correct?
Martin to Hoose: It's never an ideal situation.
Hoose: That's not what I asked you.

Thursday February 28, 2013 12:07

12:11

12:07 p.m. Hoose: Were you aware Cara's pursewas brought into the scene.
Martin: This is the first I've heard about it.
Back to the door. Hoose asked if it appeared functional. Martin said it was missing the striker plate.

Thursday February 28, 2013 12:11

12:16

12:10 p.m. Hoose asking about the use of LCV, if Martin did any confirmatory testing on any of the stains to show they were human blood.
Martin: I never do confirmatory testing.

Thursday February 28, 2013 12:16

12:20

12:15 p.m. Hoose: Cara was brought from basement up to kitchen area. You recall her footprints. The LCV had a weaker reaction for some areas than othersw, correct?

Thursday February 28, 2013 12:20

12:23

12:20 p.m. Hoose shows photo of blue reaction on shelf near stairs. You don't see any human blood in that area, correct? Hoose asks about substances that cause false positives. Hoose: The residue could be bleach just as much as it could be occult blood, correct?
Martin: It's possible.
Hoose: You're aware that many EMTs disinfect themselves with bvleach products?

Thursday February 28, 2013 12:23

12:25

12:23 p.m. You didn't apply LCV in some areas because you knew people had come in and other in those places.

Thursday February 28, 2013 12:25

12:29

12:25 p.m. Hoose shows photo of base of basement steps with LCV reaction. Some red stains don't react with LCV. Not vlood?
Martin: Probably not.
(The stairs are painted red).
Hoose shows photo of blue LCV stains going up basement steps. Impossible to know if it was doen by a suspect or by responders.
Martin: Correct.

Thursday February 28, 2013 12:29

12:32

12:28 p.m. Hoose's questions are aimed at showing that Martin could not have controled the crime scene before he arrived at 18 Barton St. and that there could be a number of explanations for certain evidence.

Thursday February 28, 2013 12:32

12:35

12:31 p.m. Hoose: Did anyone try to take lae=tent prints from the body?
Martin: No
Hoose: You were at the autopsy. The cause of death was strangulation, right?

Thursday February 28, 2013 12:35

12:39

12:34 p.m. Hoose done with cross. Gagne on re-direct.
Gagne: You say you've tried 200 ties to get prints off a body. What factors determine if you can get a readable print?
Martin: Decomposition. Contamination such as lots of blood. I've only done it twice successfully, and those were bloody impressions.
Gagne: What about hair?
Martin: People have a thin layer of hair that disrupts the prints. Sweat affects prints.
Gane done. Martin steps down from the stand.

Thursday February 28, 2013 12:39

12:46

12:38 p.m. Gagne calls state police trooper John Riley. Riley is a detective in the unit assigned to the Northwestern DA's office. Riley was assigned to look through dumpsters at the Kmart plaza in Holyoke. He was looking for materials related to the cleanup of a homicide scene.
Gagne shows Riley surveillance photo of black pickup truck with white object in bed. This was shown in court previously and suggested to be Cara's.

Thursday February 28, 2013 12:46

12:47

12:45 p.m. Riley says he recovered no evidence during his 8-hour search on March 31. He searched about 30 business and residential areas with trash and dumpsters.

Thursday February 28, 2013 12:47

12:50

12:48 p.m. Riley's search extended to South Hadley and Chicopee.
Gagne done. No questions from Hoose. Gagne calls Trooper Peter Holman.

Thursday February 28, 2013 12:50

12:56

12:50 p.m. Holman is also a state police detective assigned to the DA's office. He was on call on March 29, 2010. Holman went to Barton St. On March 31 he was asked to check dumpsters like Riley was. Holman was sent to Holyoke. He found no evidence. Holman went to 7 places. He spent 5-6 hours looking. Holman steps down.
Rup recessesfor the day. The trial will continue at 9 a.m. tomorrow.

Thursday February 28, 2013 12:56

2:54