166 7 DENNIS FRANCHINI 8 having been first duly sworn to tell the truth, the whole 9 truth, and nothing but the truth, testified as follows: 10 DIRECT EXAMINATION 11 BY MR. CORGAN: 12 Q State your name please, sir. 13 A Dennis Franchini. 14 Q Mr. Franchini, what is your business, profession or 15 occupation? 16 A I'm an agent with the Oklahoma State Bureau of 17 Investigation. 18 Q And would you tell us, sir, how long you've been 19 employed in that capacity? 20 A Approximately three years. 21 Q Mr. Franchini, would you tell us your educational 22 background, please? 23 A I have a Bachelor of Science Degree from Mercy 24 college in Detroit with a major in business and a dual 25 major in law enforcement. Also have a Master of Arts DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
167 1 Degree from Central Michigan University in management 2 supervision. 3 Q And would you tell us please, sir, your law 4 enforcement training and experience? 5 A I spent 16 years with the Detroit Police Department 6 before coming to Oklahoma and going to work for the 7 Oklahoma State Bureau of Investigation. 8 Q Did you have any specific areas or duties or 9 responsibilities there? 10 A In Detroit? 11 Q Yes, sir. 12 A I was a street officer and a street supervisor. 13 Q What did that entail? 14 A Just a wide variety of street duties. 15 Q Be what we would call a street patrol officer? 16 A Yes, sir. 17 Q Now, Mr. Franchini, since you've been employed with 18 the O.S.B.I., what have been your duties and 19 responsibilities as an agent with the O.S.B.I.? 20 A Investigations. 21 Q And could you tell us how many investigations you 22 have been involved in during the time period of employment 23 with the O.S.B.I.? 24 A A number of them. I can't give you an exact number. 25 Q Would it be more or less than a hundred? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
168 1 A Less. 2 Q Now, Mr. Franchini, did you have occasion to get 3 involved in this case? 4 A Yes, sir, I did. 5 Q And how did you become involved? 6 A I received a call from Agent Jim Otte notifying me 7 that there was a request for O.S.B.I. assistance in 8 Bartlesville, and Agent Otte and myself proceeded to 9 Bartlesville. 10 Q Now, when you and Mr. Otte came to Bartlesville, did 11 you come together or did you come separately? 12 A We came in the same vehicle -- we came in separate 13 vehicles. 14 Q And when you arrived in Bartlesville, where did you 15 go? 16 A We were met by a Bartlesville officer and taken to a 17 residence, the crime scene residence. 18 Q What time did you arrive here in Bartlesville? 19 A I believe it was in the area -- it was early morning. 20 Some time around four o'clock, I believe. 21 Q So it would be around four o'clock on June the 12th? 22 A Yes, sir. 23 Q Tell me what you did at that time? 24 A Upon arrival at the scene we did an initial walk 25 through of the crime scene. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
169 1 Q Let me stop you right there. When you say a walk 2 through, what do you mean by that? 3 A We went through the crime scene room by room just a 4 just to see what we were actually looking at in the 5 crime scene. 6 Q Now, when you did this walk through, who was involved 7 in that with you? 8 A There was myself, Agent Otte, and there was a 9 Bartlesville officer, but I don't recall which one. 10 Q How long did that take you? 11 A Oh, approximately 15 minutes or so. 12 Q As you made your walk through there, what, if any, 13 observations did you make? 14 A Well, we noticed coming into the kitchen area there 15 was a large pool of what appeared to be blood. There were 16 stains on the walls, red stains of what appeared to be 17 blood, there was -- in the living room there was a 18 bookcase where books had been pulled out and strung on the 19 floor. There was a broken TV, a broken mirror. There was 20 a door with a broken window pane. The bedrooms were 21 basically -- the back bedrooms were basically bedrooms. 22 One was a child's bedroom, one was probably the master 23 bedroom. There was a bathroom in the hallway, there was a 24 bathroom in the master bedroom. There was a spare 25 bedroom, combination sewing room with a desk and various DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
170 1 papers and things on top of it. There was a family type 2 room with children's toys and things like that in it. 3 Q After you made your walk through, what did you do at 4 that time? 5 A We went back outside the house and I was assigned the 6 duties of processing the crime scene along with 7 Bartlesville Detective Gardella. 8 Q Now, Mr. Franchini, when you say processing the crime 9 scene, what do you mean by that? 10 A The gathering of evidence, diagramming, photographing. 11 Q Let's talk about that. What did you proceed to do 12 then? 13 A The first thing I proceeded to do was to take 14 photographs of the area, the entire house, inside and out. 15 Q Why did you do that first? 16 A I wanted to photograph the scene as it was before 17 anything was disturbed. 18 Q And how much time did you say that would have 19 entailed as far as that photograph? 20 A Well, I'd say probably 45 minutes or maybe a little 21 bit longer. 22 Q After you made your photographs, what did you do 23 next? 24 A We then began -- Detective Gardella and myself then 25 began to take some measurements and Detective Gardella DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
171 1 made a crime scene sketch. 2 Q And have you had occasion to see that sketch? 3 A Yes, I did. 4 Q And would that sketch accurately represent the 5 internal structure of the home and what you observed? 6 A Yes, sir, it would. 7 Q Now, after you took the measurements and made the 8 sketch, what did you do then? 9 A Then I began to gather evidence and Detective 10 Gardella followed along with me making a evidence log. 11 Q Tell us how you went about that process of gathering 12 the evidence. 13 A Initially -- let me back up a little bit. Before I 14 actually started to collect the evidence I had gone room 15 to room to see what rooms contained things of an 16 evidentiary nature. I saw all the evidence seemed to be 17 contained in what was the living room and the kitchen area 18 or dining room. 19 We then began to collect evidence, and I 20 collected it on my discretion based on what I thought I 21 wanted to collect first before it was disturbed or stepped 22 on or anything else. 23 Q Now, what do you mean in your discretion? 24 A Well, it was -- I had the choice of how I was going 25 to collect the evidence. There were certain things I saw DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
172 1 that I felt I wanted to pick up first. And that's what I 2 did. 3 Q And after you did that, what did you do? 4 A As we gathered each piece of evidence we put it in 5 some type of an evidence sack. I labeled that sack with 6 what was in there, initialed it and dated it, assigned it 7 a number. I dictated what I was picking up to Detective 8 Gardella and he wrote it down on the evidence log with the 9 corresponding number. 10 Q Now, as you collected this evidence, did you have 11 anything over your hands? 12 A Yes, sir. I had rubber gloves on. 13 Q What was the purpose in wearing those rubber gloves? 14 A So as not to contaminate any of the evidence and also 15 to protect myself in handling the blood. 16 Q Now, Mr. Franchini, at my request have you had 17 occasion to sit down with the transparency of the crime 18 scene and prepare another transparency with numbers on 19 that? 20 A Yes, sir, I have. 21 Q And what was the purpose in doing that? 22 A In order to show the approximate location of the 23 evidence I picked up. 24 Q And is that what you have done in regard to the other 25 transparency? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
173 1 A Yes, sir. 2 MR. CORGAN: Your Honor, at this time we'd 3 ask to show the other transparency so that officer -- Mr. 4 Franchini might explain what items they did collect. 5 THE COURT: Go ahead. 6 Q (By Mr. Corgan) Mr. Franchini, other than not 7 having it straight on the screen, I apparently do have 8 those two things lined up as they should be? 9 A Yes, sir. That appears to be correct. 10 Q Sir, I believe you told us that you made some type of 11 record as to the various items that you took, is that 12 correct? 13 A Well, I labeled them on the bags as I seized them and 14 put them in the bags, yes. 15 Q Okay. Well, other than that labeling on the bags, 16 was there any record made? 17 A Yes, there was, by Detective Gardella. 18 Q And what was that? - 19 A That was the evidence log which I dictated to him as 20 I picked up the evidence. 21 Q And do you have that with you today? 22 A No, sir. I don't have a copy with me. 23 Q Can you tell us by number what each one of those 24 items are that you seized and what they represent? 25 A I would have to refer to the report. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
174 1 Q And would that refresh your memory as to that? 2 A Yes, sir. 3 MR. CORGAN: Your Honor, we'd ask that we 4 be allowed to furnish him that log. 5 THE COURT: Go ahead. 6 Q (By Mr. Corgan) Mr. Franchini, I've just handed you 7 a document that's marked evidence list. Do you recognize 8 that? 9 A Yes, sir, I do. 10 Q What would that be? 11 A This would be the evidence log that I dictated to 12 Detective Gardella. 13 Q All right, sir. Would you take the pointer located 14 to your right up on the bench and would you go through in 15 numerical order each item on the chart and explain to us 16 what it was you took? 17 A Okay. Item number 1 is here in the kitchen sink I 18 took two towels, a dish cloth, a piece of gauze and a 19 piece of paper, all containing red stains. 20 Number two here was a gold man's watch with 21 red stains. Number three, four and five are not on here 22 because they were on the dining room table, but I don't 23 recall the exact location on the dining room table. 24 Q Tell us what item three was. 25 A Item number three was a hair brush with a red stain DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
175 1 on the handle. Number four was a piece of yellow paper 2 with names, addresses and phone numbers, and number five 3 was a clear plastic ziplock bag with red stains. 4 Number six was a roll of white paper on a 5 calculator that was sitting on the dining room table. 6 Number sever were magazines and newspapers also containing 7 red stains which were on the dining room table. Eight was 8 a phone directory or rolodex type card from the kitchen 9 counter. Number nine was a glass sample that I took from 10 the TV screen in the living room. 11 Q Now, what was the purpose in taking that particular 12 glass sample? 13 A I took that was a known sample of a piece of glass 14 from the TV screen. 15 Q Okay. Now, Mr. Franchini, explain to us what you 16 mean when you refer to something as a known sample and why 17 you would take a known sample. 18 A A known sample, by taking a known sample of the glass 19 from the TV screen I can submit that to the lab which they 20 can use for comparison purposes knowing that that piece of 21 glass actually came from the TV screen. They can compare 22 it to other glass that may be submitted. 23 Q Please continue. 24 A Number 10 is a glass sample that I took from the 25 living room mirror, which it's number 10 but the mirror DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
176 1 would have actually be directly behind the TV on the wall. 2 Q Now, again, would that be what you're calling a known 3 sample? 4 A Yes, sir. 5 Q Okay. 6 A Number 11 were glass fragments from the carpet, the 7 living room carpet in front of the TV. Number 12 were 8 glass fragments from the living room carpet near the patio 9 door. This would be the patio door here, the door leading 10 out to the patio off of the living room. Number 13 is a 11 piece of glass which I took from a fireplace ledge which 12 would be behind these doors. 13 Q Now, that item number 13, would that be what's known 14 as a known sample? 15 A No, sir, it wouldn't. It would just be a piece of 16 glass that I found on the ledge not knowing exactly where 17 it came from. 18 Q Please continue. 19 A Number 14 was a charms blow pop wrapper that I found 20 laying on the living room floor. Number 15 were two 21 wooden sticks, like sticks of f of a twig, you know, just 22 sticks laying on the living room carpet in front of the 23 TV. Number 16 was a pair of fingernail clippers, which 24 were on the living room carpet in the area of the TV. 25 Number 17 was a pink towel with red stains that I took DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
177 1 from the living carpet west of the TV. Number 18 is a 2 glass sample or, again, a known sample that I took from 3 the broken pane in the inner door leading out to the 4 patio. Number 19 is a glass fragment that I found on the 5 couch cushion, and it would have been approximately ten 6 feet nine inches from the front of the TV. Number 20 was 7 the dining room curtain from the north end of the east 8 window in the dining room, and it also had red stains on 9 it. Number 21 was a sample of the red stain from the 10 kitchen sink. 11 Q Now, let me ask you about that, Mr. Franchini. How 12 do you take a sample of a stain? What is the process 13 involved with that? 14 A If it were to be dried, what appears to be blood or 15 dried stain, I would scrape it with a razor blade into 16 some type of what we call a paper bindle or a piece of 17 paper folded to form like a tray. Scrape the scrapings 18 into that bindle, fold that bindle and place it inside an 19 evidence envelope and seal it. The -- using a clean razor 20 blade for each stain or each sample of stain that I took. 21 Q Now -- I'm sorry. Go ahead. 22 A And depositing the razor blade in with the stain. 23 Q First off, why do you use a clean razor blade each 24 time, and then secondly, why do you put the razor blade in 25 with your sample? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
178 1 A Clean razor blade is used each time so as not to 2 contaminate the next stain that you may be scraping. The 3 razor blade then goes in with the scrapings so that the 4 lab sometimes can get additional scrapings of blood from 5 the edge of that razor blade. 6 Q Please continue with items 22. 7 A 22 is a sample of a red stain from the kitchen floor 8 near the west end of this east/west counter. Number 23 is 9 a piece of what appeared to be red stained bone matter 10 from the dining room floor in the middle of this large -- 11 this large stain. 24 is a sample of the red stain itself. 12 25 is a green rug with red stains, a yellow towel with red 13 stains, and a rust towel with red stains taken from within 14 this large mass. 26 was a lady's gold watch with a black 15 band that were found beneath the rug and the towels and 16 the watch had red stains on the back of it. 27is a 17 sample of a red stain from a telephone handset that's here 18 on the wall. 28 -- 19 Q Excuse me. Let me stop you for just a second. Go 20 back to some of those items in and around the area of the 21 pool, I think. I believe like 24, 25 and 26 were towels, 22 is that correct? 23 A No, 24 was just a sample of a red stain. 24 Q Okay. What's 25 and 26? 25 A 25, which I took together, was a green rug, a yellow DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
179 1 towel and a rust towel all soaked with some type of red 2 stain. 3 Q Now, Mr. Franchini, in regard to those items, why 4 didn't you just do like you did with the other stains and 5 scrape something off and just take a stain from those 6 items? 7 A Because, for one thing, they were still wet and 8 because of the large amount of the stain I felt it would 9 be more beneficial to submit the entire cloth to the lab 10 for analysis. 11 Q I'm sorry. I interrupted you. I think you were 12 around item 27. 13 A Okay. 27, again, was the red stain from the 14 telephone handset. 28 is a sample of a red stain from the 15 east half of the north wall of the dining room. 29 is a 16 sample of a red stain from the dry wall on the west half 17 of the north wall of the dining room. 30 is a sample of a 18 red stain from a chair which was overturned here in the 19 living room. 31 was a sample of a red stain from the west 20 dry wall that's north of the china cabinet here. 32 is a 21 sample of the red stain which was between the kitchen and 22 the dining room. 33 is a sample of the red stain taken 23 from the front of the china cabinet. 34 were two green 24 plant leaves which were given to me by Agent Otte. 35 25 right here is a sample of a red stain from the exterior of DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
180 1 the TV screen here in the living room. 36, which would be 2 over here, is a claw hammer with a black handle that was 3 in the tool box in the corner of the garage here. 37, 4 which would be right over here, is a Sonic receipt which I 5 took from the right front passenger seat of a blue 6 Oldsmobile four door bearing Oklahoma tab 0GT919. 38 is a 7 brown Dillards bag with a bottle of Arimis antiperspirant 8 and a receipt. And that was taken from the floorboard of 9 the Oldsmobile, the blue Oldsmobile. 39 were two pieces 10 of glass with possible red stains that I removed from the 11 broken window here or broken window pane in this door 12 leading out to the patio. 40 is a motel bill which was 13 recovered for Room 114, no motel name, made out in the 14 name of Sandra Jo Allen, which I took from a white purse 15 that was here on the counter. 41 was a pocket calendar 16 book that was also taken from the white purse. 42 is the 17 wooden chair which was overturned in the living room that 18 contained numerous red stains on the bottom. 43 was a 19 pair of scissors that I found in an office out here that 20 had appeared to have some type of stain on them, and 44 21 was a piece of what appears to be bone matter found on the 22 carpet here on the rug in front of the kitchen sink. 23 Q How far would that, as best you can tell us, how far 24 would the location of that object be from his circle of 25 what you -- what's been designated as blood? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
181 1 A From here? 2 Q Yes, sir. 3 A To here? 4 Q Right. 5 A Oh, 15 or 20 feet maybe. 6 Q And would that complete then, as far as in and around 7 the house, the items that you took or were given to you? 8 A At that time, yes, sir. 9 Q Mr. Franchini, let me hand you, sir, what's been 10 marked and admitted as State's Exhibit No. 5. I'll let 11 you keep this in case you need to refer to it. 12 A Okay. 13 Q Would you tell us what that is? 14 A Yes, sir. That's the kitchen area, the kitchen sink 15 area in the Allen residence. 16 Q And do you know who took that photograph? 17 A I believe I did. 18 Q All right, sir. And what does that show in that 19 kitchen area there? 20 A It shows a kitchen sink with some dirty dishes in it. 21 It shows what appears to be a dish towel or something on 22 the upper part of the sink. There's a white purse laying 23 on the counter. You can also see some canisters in the 24 photo, a picture of a man and a woman and a small child on 25 the window ledge as well as some other things on the DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
182 1 window ledge, and some staining on the sink and on the 2 formica right in front of the sink. 3 Q Now, in regard to that white purse that you see in 4 that photograph, what, if any, relationship does that have 5 to the purse that you previously told us about? 6 A That would be the white purse that I removed the 7 motel bill from and the pocket calendar book. 8 Q Now, Mr. Franchini, did you, as a part of your 9 processing of the crime scene there, seize that white 10 purse? 11 A No, sir, I did not? 12 Q Why not? 13 A There didn't appear to be any reason to seize it. It 14 didn't appear to have been gone through. The wallet was 15 still in there. Didn't appear that the wallet had been 16 gone through so I didn't feel it was of an evidentiary 17 nature. 18 Q Now, I believe you told us that you had occasion to 19 take photographs of the various areas of the house, is 20 that correct? 21 A That's correct, sir. 22 Q Mr. Franchini, I'll hand you a folder that has some 23 items in it that have been respectively marked State's 24 Exhibits 7 through 48. Without displaying those to the 25 jury, I'd ask, sir, if you would examine those and state DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
183 1 for the record if you're familiar with what those are? 2 A Yes, sir. I know what they are. 3 Q What are those items? 4 A Those are the photographs that I took at the crime 5 scene. 6 Q And would those truly and accurately depict the scene 7 as you saw it when those photographs were taken? 8 A Yes, sir, they would. 9 MR. CORGAN: All right. At this time we 10 would move the admission of State's 7 through 48. I can 11 either wait, since counsel hasn't had a chance to review 12 those, or I have some other question I can go into. 13 However the court prefers. 14 MR. CARLSON: He can go ahead. 15 Q (By Mr. Corgan) Mr. Franchini, I notice as you went 16 through your list that up to about item number 30 you 17 appeared to be taking what I will call physical items, 18 towels, glass, sticks, those type things. And then 19 starting with item number 41 it appears for the most part 20 you're taking stains. Would you agree with that? 21 A That's basically correct, yes, sir. 22 Q Was there any reason for you taking those items in 23 that particular order? 24 A I seized the nonstain items first so they didn't get 25 disturbed or get lost in the shuffle. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
184 1 Q And why were the stained items saved for later? 2 A Because they were already dried stains and they 3 weren't likely to be disturbed. There would be no problem 4 for me to go back and scrape and take stain samples. 5 Q What time of day was it at this point that you were 6 taking these samples and taking these items into your 7 custody? 8 A Oh. it would be morning. We were in the house for a 9 period of time so it would have extended over several 10 hours. 11 Q And who was involved in doing that? 12 A In the collecting of the evidence? 13 Q Yes, sir. 14 A Myself and Detective Gardella. 15 Q Was there anyone else involved in the process? 16 A As far as collecting those items there? 17 Q Yes, sir. 18 A No, sir. 19 Q Was there anyone else in the house during that time 20 period? 21 A I don't recall if -- there may have been somebody 22 standing back in the utility room talking. There was 23 nobody that was interfering with our collecting of the 24 evidence. 25 Q Now, I notice that, oh, say when we get to -- I can't DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
185 1 read the number from here. I think it's 42 or 43, items 2 you took from the purse. You took those later after you 3 took the stains. Why is that? 4 A Well, the purse didn't seem to be significant so when 5 I got that far then I looked in the purse to see if it 6 appeared that anything was missing or just what was in the 7 purse. 8 Q And why did you determine at that point to take those 9 items that you did take? 10 A You mean out of the purse? 11 Q Yes. 12 A Well, we didn't really know what we had at the time 13 so the motel bill, we didn't know where the motel was or 14 why there was a motel bill in there, and the calendar book 15 I took later to look through and see if there were any 16 significant notations in it. 17 MR. CARLSON: We have no objection. 18 THE COURT: State's 7 through 48 allowed 19 then. 20 Q (By Mr. Corgan) Mr. Franchini, I'll hand you now 21 what's been admitted as State's Exhibits 7 through 48. 22 And I'd like you, sir, if you would go through those 23 numerically and display them in such a way as best they 24 can the jury might be able to see those and explain to 25 them what that picture shows and then if you can show us DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
186 1 where that corresponds on our chart. 2 A The first picture is a ladder in the garage which is 3 the normal pull down ladder that people have in their 4 garages leading up to a storage area, and that ladder 5 would have been approximately right here in the garage. 6 Q Mr. Franchini, if you will, as you go through each 7 photograph, would you first identify that by number. 8 A By state's exhibit? 9 Q Yes. 10 A This is State's Exhibit No. 7. 11 Q Okay. 12 A State's Exhibit No. 8 would be a shot from the garage 13 looking into the utility room. It would be looking 14 through this door right here into the utility room from 15 back here in the garage. 16 State's Exhibit No. 9 would be standing in 17 the utility room, in the utility room looking into the 18 kitchen, the kitchen area. 19 State's Exhibit No. 10 would be the kitchen 20 area approximately right here, this area right in here. 21 You can see the edge of the counter and the refrigerator. 22 That would be approximately right in there. 23 State's Exhibit No. 11 is an old school 24 desk, and it has some envelopes and looks like a child's 25 toy gun. The envelopes have some red stains on it. This DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
187 1 desk would have been located approximately right here near 2 the china cabinet. 3 State's Exhibit No. 12 shows the wall which 4 would be above the china cabinet. You can see the top of 5 the china cabinet there. That would be this china 6 cabinet, and that white area would be the dry wall above 7 that china cabinet. 8 Q What was your purpose in taking that particular 9 photograph? 10 A Well, because of the red staining on the wall. 11 State's Exhibit No. 13 is, again, another shot of the wall 12 area which would be over here by the china cabinet. And, 13 again, I took that photograph because of the red staining 14 on the wall. 15 State's Exhibit No. 14 is a part of the 16 front of the china cabinet. This china cabinet right 17 here. And I took this because of the red staining on the 18 glass on the china cabinet. - 19 State's Exhibit No. 15 is another shot of 20 the china cabinet and the wall area over here. Again, I 21 took this photograph because of the red staining on the 22 glass on the china cabinet and the red staining on the 23 wall. 24 State's Exhibit No. 16 is the wall area 25 over here by the china cabinet. And that's a ruler that DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
188 1 I've tacked up on the wall there for some reference. And, 2 again, I took this photograph because of the red staining 3 on the wall. 4 State's Exhibit No. 17 would be the wall 5 area right here and above this doorway right here which 6 leads into what appears to be some type of a play room or 7 den area. It had children's toys in there. And, again, I 8 took this photograph to show the red staining on the 9 walls. 10 State's Exhibit No. 18 would be the wall 11 area right here. And, again, I took this photograph to 12 show the red staining on the wall. 13 State's Exhibit No. 19 is, again, a portion 14 of this wall. And, again, I took this photograph to show 15 the red staining. 16 Q Mr. Franchini, what is the difference between that 17 exhibit and the exhibit immediately preceding that? 18 A This shot was taken from further away. This one was 19 taken closer up. 20 Q Okay. What was the one taken further away? What's 21 that exhibit number? 22 A Exhibit No. 18. 23 Q And then 19 would be what? 24 A 19 would be a close up of that same wall. 25 Q As you continue and you designate on the chart, will DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
189 1 you try to identify for the record the area on the chart 2 you're referring to as well as best you can, what room and 3 what area of that room? 4 A Yes, sir. State's Exhibit No. 20 is a close up shot 5 of this wall area, which would be in the dining room here. 6 There's two doors here and these walls divide the living 7 room from the dining room. This is another close up shot 8 of that wall again taken to show the red staining on the 9 wall. 10 State's Exhibit No. 21 is another shot of 11 some of the red staining again on this same dining room 12 wall. 13 State's Exhibit No. 22 shows the fire alarm 14 or smoke alarm and a portion of the wall and ceiling which 15 would be above this doorway right here that's the doorway 16 between the kitchen or dining room area and the living 17 room area. And, again, I took that photograph to show the 18 red staining. 19 State's Exhibit No. 23 is another shot 20 taken from a little further back of this same area above 21 the doorway and a little more of the ceiling. Again, 22 taken to show the red staining. 23 State's Exhibit No. 24 would be a shot of 24 the wall and a portion of this doorway. It would be a 25 shot of this wall here in the dining room. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
190 1 Q What wall direction wise would that be? 2 A That would be the northeast wall. 3 Q Okay. 4 A In the dining area. And, again, taken to show the 5 red staining. You can see a little bit of the doorway 6 which would be this portion of the door frame over there 7 and this portion of the wall. 8 State's Exhibit No. 25 is another shot of 9 this same northeast wall with a ruler tacked -- that I 10 tacked onto the wall just for a frame of reference, again 11 to show the red staining on the wall. 12 State's Exhibit No. 26 is another 13 photograph of a portion of the northeast wall there, again 14 taken to show some of the red staining on that wall. 15 State's Exhibit No. 27 is this area right 16 over here, the counter area and the telephone hanging on 17 the wall. That photo was again taken to show the red 18 staining on the telephone. 19 State's Exhibit No. 28 is a close up shot 20 of that same telephone that was in the previous photograph 21 which hung on the wall right here. 22 State's Exhibit No. 29 is this dining room 23 table, and it would be more less this end of the dining 24 room table. And it shows some staining on the table. You 25 can see some staining on the floor and some red staining DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
191 1 on a magazine and newspaper which were laying on this 2 table approximately in this area. 3 State's Exhibit No. 30 is what is a candle 4 and what looks like a container to store cookies or 5 something in and a piece of newspaper on this dining room 6 table. And, again, taken to show the red staining on 7 those items and on the table. 8 State's Exhibit No. 31 is a hairbrush that 9 was found on the dining room table with the photo taken to 10 show the red staining on the handle of the hairbrush. 11 State's Exhibit No. 32 is that same 12 container and candle and part of the dining room table, 13 again taken to show the staining on those items and on the 14 table. 15 State's Exhibit No. 33 shows a calculator, 16 stapler, ziplock bag and a magazine and part of the dining 17 room table, again taken to show the red staining on those 18 items and on the table. 19 State's Exhibit No.34 is a shot of this 20 large mass of red stain on the kitchen floor or dining 21 room area. It's a combination of kitchen dining room. It 22 would be right in this area right here. 23 State's Exhibit No. 35 is, again, a close 24 up of this area, the large mass. You can see the towels 25 and rags and you can see the watch, the lady's watch DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
192 1 laying in there. 2 State's Exhibit No. 36 is the floor area 3 approximately in this area with a ruler that I've placed 4 on the floor taken to show the red staining in this area 5 right here. 6 State's Exhibit No. 37 is, again, the floor 7 area here. You'll be able to see the legs of one of the 8 chairs, the ruler that I've placed on the floor, and again 9 taken to show the red staining on the floor. 10 State's Exhibit No. 38 is this TV with the 11 broken screen found in the living room approximately in 12 this area right here. 13 Q Now, can you tell us, sir, I believe you took some 14 type of stain or sample from that, is that correct? 15 A Yes, sir, I did. 16 Q And is that shown anywhere on State's Exhibit 38? 17 A Yes, sir. Yes, it is. 18 Q Would you point out to the jury the area you're 19 talking about? 20 A Approximately right there you can see a small red 21 stain. 22 Q Thank you. Please continue. 23 A State's Exhibit No. 39 is the mirror which was 24 located on the wall directly behind this TV in the living 25 room. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
193 1 State's Exhibit No. 40 would be -- shows 2 part of the outer door and inner door and part of the 3 fireplace ledge here. It shows the inner door with the 4 broken window pane. 5 State's Exhibit No. 41 is a close up of 6 that same door and same broken window pane, which is 7 located here off of the living room and leads onto the 8 patio. 9 Q Now, in regard to State's Exhibit No. 41, is that 10 view taken the same way as the view in State's Exhibit 40? 11 A No. They're taken from opposite sides of the door. 12 Q So where are you looking in regard to State's Exhibit 13 41? 14 A In this one I would be looking through the door out 15 towards the patio. State's Exhibit 42 shows a piece of 16 glass that was found on the fireplace ledge here behind 17 this door that leads out to the patio. The piece of glass 18 being right there. 19 State's Exhibit No. 43 shows pieces of 20 glass here and here, some here, which is on the carpet in 21 the area of this door that leads out to the patio. 22 State's Exhibit No. 44 shows this patio 23 door. You can see the edge of the inner door. This is 24 the outer screen door that goes out here onto the patio 25 area. It shows that door and a fly swatter that's laying DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
194 1 in between. 2 State's Exhibit 45 shows the screen door or 3 outer door here that leads out onto the patio from the 4 living room area. 5 Q Mr. Franchini, in regard to State's Exhibit No. 45, 6 if you'll look at that, I'd like to direct your attention 7 to that faceboard that's adjacent to that door. Did you 8 do any sort of sampling or examination of that? 9 A Are you talking about this board here? 10 Q Yes, sir. 11 A No, sir, I didn't. 12 Q Okay. 13 A State's Exhibit 46 shows this bedroom which was a 14 spare bedroom, combination bedroom and looked like sewing 15 room. There was a desk over here in that bedroom. The 16 desk containing what appeared to be bank statements and 17 various other papers and a credit card. 18 Q Now, why was that photograph taken? 19 A I took this photograph to show that the -- if someone 20 had been in there that they didn't pick up the credit card 21 that was laying out there in plain view. 22 Q All right. 23 A State's Exhibit No. 47 is a photograph taken from 24 outside on the patio showing this patio door, this outer 25 patio door. It would have been taken from out here on the DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
195 1 patio area. 2 State's Exhibit No. 48 is a shot, again, of 3 this patio door taken from a little different angle, taken 4 from over here. That's all. 5 Q May I borrow your evidence list for just a second. 6 Mr. Franchini, in addition to the processing of the scene 7 that you have done, the collection of the evidence you've 8 told us about and the photographs that you have taken, did 9 you do any examination or work in regard to 10 fingerprinting? 11 A Yes, sir, I did. 12 Q And would you tell us what you did in that regard and 13 where you did it? 14 A Using fingerprint dust I checked for prints on this 15 inner patio door and also the door that leads outside into 16 the yard area from the utility room, which would have been 17 on the east side of the house. 18 Q Tell us what exactly you did, the process of that, 19 and what you were attempting to do with that process. 20 A Using fingerprint dust and a brush I brushed 21 fingerprint dust all up and down this door, along the door 22 handle, on the wood portion of the door. I did the same 23 on this door here and attempting to locate or bring up any 24 fingerprints that might be on there. 25 Q Tell us how that works and how you can determine if DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
196 1 you had some. 2 A You would be able to see the ridge detail of the 3 prints if they were there, and you could bring them up. 4 You would see the ridge detail and you could the lift 5 those prints and submit -- or what portion of the prints 6 you had, if you only had a portion, and submit it to the 7 lab for comparison or to hold for comparison purposes. 8 Q What do you mean by you could make the ridges come 9 up? 10 A You would be able to see -- if you look at your hand 11 you can see the ridge detail in your tips of your fingers. 12 Q What do you mean by ridge details? 13 A The lines. 14 Q Okay. 15 A The lines. You would be able to see the lines. 16 Those same lines would show up on what you were trying to 17 dust. 18 Q And then if those ridges-come up, what do you do 19 then? 20 A Then using lifting tape you put it over there, lift 21 that and place it on an index card and put that index card 22 in an evidence envelope and submit it to the fingerprint 23 section. 24 Q What is lift tape? 25 A It's tape that's used to lift. It looks like scotch DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
197 1 tape, but it's actually used for lifting fingerprints. 2 That's what it's made for. 3 Q Now, as you dusted this powder on, did any ridges 4 develop? 5 A No, sir. 6 Q So did you take any what you've called lifts? 7 A No, sir. 8 Q So did you submit any type of lifts or tapes to the 9 lab in regard to those areas for analysis? 10 A No, sir, I did not. 11 Q And why not? 12 A I didn't have any. 13 Q Now, Mr. Franchini, if I say chain of evidence, chain 14 of custody of evidence, does that mean something to you? 15 A Yes, sir. 16 Q And what does that mean to you? 17 A That's the chronological order in which evidence is 18 was handled and by whom it was handled. 19 Q And were you involved in some way in the chain of 20 evidence or chain of custody of evidence in this case? 21 A Yes, sir. 22 Q And would you tell us what you did in that regard? 23 A When I collected the evidence at the scene, when we 24 were finished processing the scene I placed all the 25 evidence I had gathered in the trunk of my bureau vehicle. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
198 1 That evidence was transported to the O.S.B.I. office in 2 Tulsa where I secured it in our evidence room. The next 3 day I gathered up all the evidence that needed to go to 4 the lab, placed it in the trunk of my bureau vehicle. I 5 went to the medical examiner's office and picked up any 6 evidence that he had over there, placed that in the trunk 7 of my vehicle and transported all the evidence to our 8 laboratory in Tahlequah. 9 Q Tell me a little bit about your evidence room there 10 in Tulsa, what its purpose is and who has access and who 11 doesn't. 12 A It's a secured room. It has two locks. It has a 13 handle lock and it has a dead bolt on it. All evidence is 14 stored in that room either until court or, if it has to go 15 the lab, until it's transported to the lab or until the 16 case is adjudicated and the evidence is returned to the 17 requesting authority. The keys are kept in the 18 supervisors desk. You have to ask the supervisor for the 19 keys to go into the room if you want to get any evidence. 20 The only ones that have access to that room are the agents 21 in the office. 22 Q And was that what was done in this particular case 23 with the items of evidence that you had? 24 A Yes, sir. 25 Q As I understand it so far it would be the items you DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
199 1 took from this scene, is that correct? 2 A That's correct. 3 Q And items you received from the medical examiner? 4 A That's correct. 5 Q Did you receive any other items for transportation to 6 the laboratory in Tahlequah? 7 A Yes, sir, I did. 8 Q And what were those items? 9 A There was some paper towels and a hammer which had 10 been seized by Agent Otte and also secured in the evidence 11 room when I secured the evidence I had in the room. 12 Q And when was that done? 13 A That was on June the 12th. 14 Q And then what was done in regard to the hammer and 15 towels after that? 16 A The next day when I gathered up all of my evidence I 17 also gathered up the hammer and the paper towel and took 18 that as well as all the other evidence to the lab. 19 Q I believe you mentioned something -- one of your 20 items there in the, I'll call the room that has the sofa 21 in it, as a dining room chair? 22 A Yes, sir. 23 Q What number is that, and I'll give you your list back 24 so you can tell us. 25 A That would be item number 42 right here. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
200 1 Q Can you further describe that to us? 2 A Well, it looked like your typical dining room chair. 3 It matched the other chairs that were in here around the 4 dining room table. 5 Q Now, did you take that item from the house along with 6 other items to the office there in Tulsa? 7 A No, sir, I did not take the chair? 8 Q Why not? 9 A Well, at the time I didn't have room in my car to put 10 it in my car at that time. 11 Q Did you have any further contact with that chair 12 other than the processing that you did with it there at 13 the scene? 14 A No, sir. 15 MR. CORGAN: I believe that's all. 16 THE COURT: Any of you on the jury need a 17 break before we start the cross-examination? Let's take a 18 recess then. About 10 minute-break please. 19 (A BRIEF RECESS WAS HAD. AFTER WHICH THE 20 FOLLOWING PROCEEDINGS WERE HAD:) 21 THE COURT: All right. Show the jury's 22 back present. Mr. Carlson, you may proceed with your 23 questions. 24 ---------------------------------------------------------------------------- 25 CROSS-EXAMINATION DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
201 1 BY MR. CARLSON: 2 Q Mr. Franchini, if I use the word trace evidence, can 3 you tell me what that means to you? 4 A Hairs, fibers, minute things like that. 5 Q Okay. Basically trace evidence is things that we 6 refer to in a crime scene investigation, things that you 7 may not be able to see, isn't that correct? 8 A That's correct. 9 Q Or things that are small enough that they may be 10 visible to the naked eye but you may overlook, isn't that 11 correct? 12 A That's correct. 13 Q And let me ask you, sir, this particular house had 14 carpet in it in at least two rooms, did it not? 15 A Yes, sir. 16 Q Also it had carpet in some of the bedrooms, did it 17 not? 18 A Yes, sir. 19 Q And you know, do you not, sir, from your experience, 20 that one of the ways that you can pick out trace evidence 21 is to vacuum that carpet, isn't that correct? 22 A That's correct. 23 Q And in this particular case you, nor anyone to your 24 knowledge on behalf of law enforcement, vacuumed that 25 carpet, did they? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
202 1 A Not to my knowledge, no, sir. 2 Q All right. Those particular type of vacuum 3 mechanisms that they use in crime scene investigations 4 have a catch mechanism, do they not, where you can catch 5 those particular items? 6 A I would assume. I'm not familiar with the vacuums 7 that the lab uses. 8 Q All right. Now, some examples of trace evidence -- 9 you've given me some, but would you agree with me some 10 other examples might be, for instance, a piece out of a 11 watch? 12 A It's possible, yes. 13 Q A small metal item off of a belt buckle? 14 A Could be. 15 Q A contact lens could also be trace evidence? 16 A Could be. 17 Q Anything that the human body will lose. Agree with 18 that? 19 A Yes, sir. 20 Q Especially that's possible where there's a sign of a 21 struggle, is it not? 22 A Yes, sir. 23 Q Okay. Sir, with regard to sidelighting, are you 24 familiar with the term called sidelighting? 25 A No, sir. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
203 1 Q And if I said to you, sir, that it's possible to use, 2 in crime scene investigations, a rather powerful light to 3 shine across various areas and shine across various items 4 so that you can better see physical evidence, would you 5 agree with me that that's possible to do that? 6 A It's possible, I guess, yes. 7 Q Have you ever seen that done? 8 A No, sir. 9 Q With regard to fingerprints in this particular case, 10 if I understood you, you attempted to lift prints from the 11 patio door and you attempted to lift prints off of the 12 utility door, is that correct? 13 A Yes, sir. The utility door going out to the patio, 14 yes. 15 Q But you did not attempt to lift any prints off of the 16 TV, did you? 17 A No, sir. 18 Q You didn't attempt to lift any prints off of the 19 telephone? 20 A No, sir. 21 Q As a matter of fact, there weren't any physical 22 items, other than those two doors, where any prints were 23 dusted or attempted to lift from, isn't that correct? 24 A That's correct. 25 Q And when you lifted from those two particular doors DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
204 1 you obtained no fingerprints, is that correct? 2 A Yes, sir. I didn't lift any prints. There were 3 none. 4 Q Now, are there other ways, sir, to lift fingerprints 5 other than by the use of dust? 6 A I suppose there are. I can't say for sure. I'm not 7 a fingerprint expert. 8 Q All right. That's the only way that you do it is 9 with dust? 10 A Yes, sir. 11 Q With regard to the particular items that you picked 12 up inside the residence, and by physical evidence, sir, I 13 mean the TV, I mean small items, were they photographed in 14 place close up before you removed them? 15 A Yes, sir. 16 Q Was every item that you picked up photographed before 17 you moved it? I did not see that in the crime scene 18 photographs. 19 A I don't recall. 20 Q And by, I mean, close up, I mean, for instance, 21 before you would take something off of the carpet that you 22 would photograph it to preserve what it looked like close 23 up. 24 A Yes. Yes, sir. 25 Q Did you use any close up lenses? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
205 1 A No, sir. 2 Q Now, when you performed your particular -- Let me 3 back up just a minute. Could I refer you to your evidence 4 list. Let me back up just a minute. 5 A Did you? 6 Q Do you have a copy of that? 7 A No, sir, I don't. 8 Q Let me hand you a copy so I don't have you at a 9 disadvantage. Sir, with regard to your evidence list, 10 let's start at say page or item 27, and could you just 11 tell me the particular rooms that you were in from 27 say 12 down through 33? 13 A Do you want me to tell you what they are? 14 Q I don't need the item, I just need to know the room. 15 A It would have been the kitchen/dining room area for 16 27. The dining room for 28. The dining room for 29. The 17 living room for 30. The dining area for 31. I'm sorry. 18 How far did you want to go? - 19 Q Just down to 33 or 32. 20 A 32 would be the kitchen/dining room area. 33 would 21 be the kitchen/dining room area. 22 Q As I look at your list it appears to me, sir, that 23 what you were doing was going back and forth between 24 rooms, isn't that correct? 25 A From time to time I did, yes, sir. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
206 1 Q All right. And do you remember when I talked to you 2 at the preliminary hearing you told me that there was no 3 particular method that you used so far as a systematic 4 conduction of your search, that you just went back forth 5 from room to room? And that's a fair statement, isn't it? 6 A That's correct. 7 Q Now, there's no way that we know or you know how long 8 a particular intruder could have been in that particular 9 house before Sandra Allen arrived, do we? 10 A No, sir. 11 Q So the fact that we would photograph a particular 12 credit card at a particular location, we don't know 13 whether the intruder was walked in on by Mrs. Allen early 14 after he got in the house or at what point, do we? 15 A That's correct. 16 Q With regard to that, do you have those photographs? 17 A Yes, sir, they're right here. 18 Q Could you find, I think it's the third one from the 19 last. Could you find the particular credit card for me, 20 please? The one with the credit card. 21 A Okay. 22 Q Could you read the expiration date on that for me? 23 can give you a little help I think. 24 A Looks like 4 of '90. 25 Q Okay. And I agree with you. So we know that that DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
207 1 particular credit card expiration date is 4 of '90 and we 2 know that it's expired, don't we? 3 A That would be correct. 4 Q Now, you stated that you obtained a Sonic receipt 5 from the right front passenger seat of a blue Oldsmobile, 6 is that correct? 7 A That's correct. Right front passenger seat. 8 Q Let me hand you a copy of that receipt which has been 9 furnished to me and give you a chance to look at it. Is 10 that a copy of the receipt to the best of your 11 recollection? 12 A To the best of my recollection it is, yes, sir. 13 Q And that particular receipt indicates a time on it, 14 does it not? 15 A Yes, sir. 16 Q And what time is indicated? 17 MR. CORGAN: Excuse 'me, Your Honor. I'm 18 going to object to testimony in the exhibit. It's not 19 been properly admitted. The document speaks for itself. 20 MR. CARLSON: I'm going to authenticate it 21 to the time in this case and move to admit it. 22 THE COURT: Come up here. 23 (AN OFF-THE-RECORD DISCUSSION WAS HELD, 24 AFTER WHICH THE FOLLOWING PROCEEDINGS 25 HAD.) DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
208 1 THE COURT: Go ahead, Mr. Carlson. 2 Q (By Mr. Carlson) I believe that I had asked you, 3 sir, what the time was indicated on the receipt. 4 A Yes, sir. 5 Q Okay. And what time does it show, sir? 6 A It's hard to read, but it appears to be 9:18 p.m., 7 but this receipt also looks like it's dated 2-2 of '91. 8 Q Okay. That will come in later, okay? 9 A Oh, okay. 10 Q It could be 9:13 as you look at it? 11 MR. CORGAN: I'm going to object, Your 12 Honor. The witness has testified what it appeared to be 13 to him. 14 THE COURT: Do you need to relook at it? 15 THE WITNESS: Well, it's real hard to read. 16 It could be, I guess. It looks like 9:19 to me, but I 17 guess it could be 9:13. I can't read it real well. 18 Q (By Mr. Carlson) And that appears to you to be a 19 copy of the receipt which you retrieved from the 20 floorboard of the automobile? 21 A Well, this is a Sonic receipt and it would be, I 22 guess, similar to the one. I can't say for sure if it's 23 the exact one. 24 MR. CARLSON: Your Honor, we would move 25 that we be furnished with the original. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
209 1 THE COURT: How is that marked? 2 MR. CARLSON: Defendant's Exhibit 3. We 3 would move the introduction of Defendant's 3, Your Honor. 4 THE COURT: Defendant 3 allowed. 5 MR. CARLSON: Thank you, Your Honor. 6 Q (By Mr. Carlson) Mr. Franchini, let me hand you 7 what's been marked as Defendant's Exhibit No. 4, and ask 8 you if you can identify what that is for us please, sir? 9 A It's a Dillards charge slip or sales receipt. Looks 10 like a charge slip. 11 Q Does that appear to you to be a copy of the receipt 12 that you obtained in regard to the Dillards' purchase? 13 A It's a Dillards' receipt. It appears to be similar 14 to the one that I picked up, yes. 15 Q And you picked up that receipt where, sir? 16 A The right floorboard on the blue Oldsmobile. 17 Q And can you tell us the date and the time on that 18 particular receipt you have in front of you, Defendant's 19 Exhibit 4? 20 A The date is 6-11-90 and the time is 20:33, which 21 would be 8:33. 22 MR. CARLSON: Your Honor, we'd move the 23 admission of Defendant's Exhibit 4, and we would also 24 request that we be furnished with the original. 25 MR. CORGAN: We have no objection to the DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
210 1 admission. 2 THE COURT: Defendant 4 allowed. 3 Q (By Mr. Carlson) Did you attempt to lift any prints 4 off of any purported weapons? 5 A No, sir, I did not. 6 Q And were there more than one item taken from the home 7 -- Strike that, Your Honor. Let me rephrase it. I think 8 you used the term, sir, that you collect evidence in a 9 matter like this in our discretion. Is that your 10 statement? 11 A Yes, sir. 12 Q Okay. And I take it you were the sole individual 13 whose discretion was used as to what items were to be 14 seized inside that particular home, is that correct? 15 A Yes, sir. 16 Q Now, you said that, if I understood you correctly, 17 sir, that you made no record that the purse was seized in 18 this particular matter, is that correct? 19 A I did not seize the purse, no, sir. 20 Q Sir, when you arrived there at the home that evening 21 you were never furnished what I will call a crime scene 22 log, a list of people who had been in the house ahead of 23 you, were you? 24 A No, sir. 25 Q And by a crime scene log, you are familiar with that DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
211 1 particular term, are you not? 2 A Yes, sir. 3 Q And by a crime scene log would mean that somebody 4 would keep track of everybody that goes in and everybody 5 that goes out, the time they go in and the time they go 6 out, correct? 7 A That's correct. 8 Q Have you ever seen such a log in regard to this 9 particular case? 10 A I can't say for sure whether I ever saw one or not. 11 Q Well, you're not aware of one then at this point? 12 A That's correct. 13 Q And in a crime scene investigation we also use many 14 times what's called photographic logs, do we not, sir? 15 A You can. 16 Q And by photographic log it means that you take a 17 particular photograph, take the time of the photograph, 18 what the photograph indicates and why we took it, isn't 19 that correct? 20 A You can, yes, sir. 21 Q Okay. There has been no photographic log 22 specifically in regard to this particular case, has there, 23 sir? 24 A That's correct. 25 Q The items that you placed in your trunk, if I DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
212 1 understood you correctly, you transported them from 2 Bartlesville down to the O.S.B.I. office, is that correct? 3 A That's correct, sir. 4 Q And at the O.S.B.I. office you then stored them and 5 from the O.S.B.I. office you transported them to the lab 6 in Tahlequah, is that correct? 7 A That's correct, sir. 8 Q Now, you said that you picked up a hammer from Mr. 9 Otte, is that correct? 10 A A hammer that he had placed in evidence in the 11 evidence room, yes. 12 Q And you also picked up some paper towels from Mr. 13 Otte, is that correct? 14 A Yes, sir. 15 Q Now, when you received the particular hammer, can you 16 tell me what form it was in? 17 A I don't recall what it was wrapped in. I believe it 18 was in some type of wrapping. 19 Q It was not -- it was wrapped with something around 20 it? Am I understanding that correctly? 21 A I believe so. I can't recall for sure exactly what 22 was on it. 23 Q Do you have any notes that would tell us how it was 24 wrapped? 25 A No, sir. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
213 1 Q Were there other items that you received that were 2 wrapped? 3 A The items that -- the medical examiner stuff was in 4 paper sacks or evidence envelopes as was the stuff that I 5 put in sacks at the scene. 6 Q Okay. One of the items that you received from the 7 medical examiner was a contact lens, was it not, sir? 8 A That's correct. 9 Q And with that particular contact lens, you 10 transported that contact lens also to the lab in 11 Tahlequah, is that correct? 12 A I don't recall if the contact lens went to the lab. 13 I'd have to look at the list of what I submitted. 14 Q Would that be the same evidence list you had a moment 15 ago? 16 A No, sir. That would be different. 17 Q Would you need to refresh your memory in that regard 18 as to what you did with the contact lens? 19 A If you want to know if it went to the lab or not I'd 20 have to look at the lab submittal sheet with what I 21 submitted. 22 Q Could you lay your hands on that if I asked you to? 23 A I would guess it's contained in the report. 24 Q Let me see if I can hand you, so that we can talk 25 about the same thing, I have something that's called DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
214 1 processing the crime seizure transportation submittal of 2 evidence. Would that be it, sir? 3 A There should be another report containing what was 4 taken from the medical examiner's office. 5 Q Maybe I can help us here. 6 A That's it. 7 Q From looking at that, sir, can you tell us what you 8 did with the contact lens? 9 A That was transported by me back to the O.S.B.I. 10 office and secured in the evidence room. 11 Q Was it never submitted for the lab to the best of 12 your knowledge? 13 A Not to my knowledge. To the best of my knowledge, 14 no. 15 Q There was testimony about a chair that you covered in 16 counsel's questions. Do you recall that? 17 A The overturned dining room chair? 18 Q Yes, sir. 19 A Yes, sir. 20 Q Were you aware as to whether or not that chair had 21 been moved before you arrived, sir? 22 A I don't know. 23 Q Did anyone acquaint you as to whether or not it had 24 been moved, talked with you about that? 25 A I believe that someone has said it had been knocked DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
215 1 over by maybe one of the EMT's, but I don't recall for 2 sure. 3 Q Approximately how long did you arrive at the scene 4 after this particular crime took place? 5 A Well, we got there, I think it was about four in the 6 morning. What time the police were actually called I 7 don't know for sure. 8 Q So if -- would have been approximately six to seven 9 hours, somewhere in that range, after the crime. Would 10 you agree with me on that? 11 A Maybe a little bit less. In that range maybe. 12 Q Five and a half to six? 13 A Yes, sir. 14 Q Somewhere in that range. Okay. Let me -- you 15 mentioned to me, sir, you had been with the Detroit Police 16 Department, is that correct? 17 A That's correct, sir. 18 Q And while you were with the Detroit Police Department 19 you were a street officer, is that correct? 20 A That's correct. 21 Q And by street officer what that means to us we're 22 talking about street officers, that's a person that's 23 actually on the street, is that correct? 24 A That's correct. 25 Q Okay. And your entire time with the Detroit Police DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
216 1 Department was spent on the street, is that correct? 2 A No, sir. 3 Q How much of your time was spent as a detective? 4 A I was not a detective. 5 Q Okay. After you came off of the street duties then 6 did you go into the office? 7 A Yes, sir. In an administrative position. 8 Q You were never in the detective division in the 9 Detroit Police Department? 10 A No, sir. 11 Q Other than as a street officer then you did not work 12 crime scenes with the Detroit Police Department, did you, 13 sir? 14 A No, sir. 15 Q Your experience then working crime scenes has been 16 since you have come to Oklahoma, is that correct? 17 A Yes, sir. 18 Q And that would have been..three years ago, is that 19 correct? 20 A Yes, sir. 21 MR. CARLSON: Thank you, sir. That's all 22 we have. 23 ------------------------------------------------------------------------ 24 REDIRECT EXAMINATION 25 BY MR. CORGAN: DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
217 1 Q Mr. Franchini, are you familiar with various what 2 I'll call types of searches? 3 A Yes, sir. 4 Q And what are some of those types? 5 A There's zone searches, grid searches, wheel searches, 6 strip searches. 7 Q Now, I believe you told Mr. Carlson or it was 8 mentioned that previously you testified that you did not 9 use any particular systematic method in obtaining this 10 evidence. Did you say that? 11 A That's correct, sir. 12 Q What did you mean by that? 13 A Well, because of the wide variance of indoor crime 14 scenes it precludes using any kind of systematic search. 15 Those types of searches are generally used if you have an 16 outside crime scene. 17 Q And what do you mean by those type searches? 18 A The wheel search, the grid search, the zone search, 19 strip search. 20 Q Now, during your time as both a patrol officer and 21 with the O.S.B.I., have you had occasion to work burglary 22 scenes? 23 A Yes, sir. 24 Q And had occasion to be involved in burglary 25 investigations? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
218 1 A Yes, sir. 2 Q In your experience, sir, in doing those do you find 3 burglars to check expiration dates before they steal 4 credit cards? 5 A No, sir. 6 Q You haven't found them to take that time when they're 7 doing that? 8 A No, sir. 9 Q Now, you were shown both this Sonic receipt and the 10 Dillards receipt, and they have some times on those, is 11 that correct? 12 A That's correct, sir. 13 Q Do you know or can you verify the accuracy of those 14 times? 15 A No, I can't. 16 Q Now, I believe you said that this contact lens that 17 you received was not submitted to the laboratory, is that 18 correct? 19 A Not to my knowledge, no, sir. 20 Q Has it been submitted to anyone to your knowledge for 21 analysis? 22 A Yes, sir. 23 Q And who has it been submitted to and who submitted it 24 and when? 25 A It was submitted to the doctor in Kansas. I believe DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
219 1 his name is Dr. Burch in Caney, Kansas, and it was also -- 2 I took it up there myself to the doctor to look at. It 3 was also submitted to a laboratory in California at the 4 direction of Mr. Carlson. 5 MR. CORGAN: Thank you. That's all. 6 ------------------------------------------------------------------------ 7 RECROSS-EXAMINATION 8 BY MR. CARLSON: 9 Q Would you agree with me, Mr. Franchini, from your 10 experience as a street officer, that if you're a burglar 11 and you have -- and you try to use an expired credit card 12 it could waive a red flag, couldn't it? 13 A Yes, sir. 14 Q That would be a pretty dumb thing to do if you're a 15 burglar to try to use an expired credit card if it's not 16 your credit card, wouldn't you agree with that? 17 A Yes, sir. 18 ------------------------------------------------------------------------ 19 REDIRECT EXAMINATION 20 BY MR. CORGAN: 21 Q In your experience, Mr. Franchini, would the burglar 22 check that expiration date before he took or before he 23 used it? 24 MR. CARLSON: Your Honor, we'd object. 25 He's talking about the state of a mind of a burglar. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
220 1 THE COURT: It's been covered. Thank you. 2 You may step down. Next witness. 3 MR. CORGAN: Your Honor, approach the bench 4 please? 5 (AN OFF-THE-RECORD DISCUSSION WAS HAD, 6 AFTER WHICH THE FOLLOWING PROCEEDINGS WERE 7 HAD:) 8 ---------------------------------------------------------------------------- 9 EDDIE MASON 10 having been first duly sworn to tell the truth, the whole 11 truth, and nothing but the truth, testified as followed: 12 DIRECT EXAMINATION 13 BY MR. CORGAN: 14 Q State your name please. 15 A Eddie Mason. 16 Q Mr. Mason, what is your business, profession or 17 occupation? 18 A Police officer with the city of Bartlesville. 19 Q And would you tell us how long you've been employed 20 in that capacity? 21 A 15 years. 22 Q And what is your current assignment with the 23 Bartlesville Police Department? 24 A Currently I'm assigned to the detective division. 25 Q How long have you been assigned to the detective DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT
lh1998-99, 2000