4.Maureen Hartnett — Direct/Cross/Redirect
507 linesMS. BUCKINGHAM: The Commonwealth would call Maureen Hartnett as its next witness, please.
MAUREEN HARTNETT: Morning.
BAILIFF: Can you stop right there? Raise your right hand to the clerk.
THE COURT: Good morning.
MAUREEN HARTNETT: Morning.
THE COURT: All right. Counsel.
MS. BUCKINGHAM: Thank you. Good morning. Could you please tell the jurors your first and last name?
MAUREEN HARTNETT: Maureen Hartnett.
MS. BUCKINGHAM: And how are you employed? What do you do for work?
MAUREEN HARTNETT: I'm a forensic scientist II in the Criminalistics Unit, as well as the Crime Scene Response Unit, at the Massachusetts State Police Crime Laboratory.
MS. BUCKINGHAM: And how long have you worked for the Crime Lab?
MAUREEN HARTNETT: Approximately a total of 10 years.
MS. BUCKINGHAM: And what are your general responsibilities as a forensic scientist II?
MAUREEN HARTNETT: In the Criminalistics Unit, I examine items of evidence for the possible presence of biological fluids, such as blood, semen, and saliva, and those items would include clothing, weapons, or in sexual assault kits, among other items. I also collect and identify trace materials, such as hairs and fibers. I perform damage analysis on clothing and collect gunshot residues.
MS. BUCKINGHAM: Do you have to undergo some specific training and education in order to perform those tasks at the Crime Lab?
MAUREEN HARTNETT: Yes. I have a bachelor's degree in biology, as well as a master's degree in forensic science. In addition, I received approximately nine months of training in the crime laboratory as well.
MS. BUCKINGHAM: Do you have to take proficiency or competency tests on a regular basis?
MAUREEN HARTNETT: Yeah, so a competency test is taken after each module in the training. They address certain things like blood identification, semen identification, and after each of those modules, I took a competency test to move on to the next portion of the training. Yearly, I also take multiple proficiency tests in biological fluid identification, as well as trace identification and crime scene response.
MS. BUCKINGHAM: I'd like to talk a little bit first about the crime scene response. So you as a forensic scientist are a civilian, correct?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: Do you often work in tandem with a trooper from the crime scene services section?
MAUREEN HARTNETT: Yes, generally, I work alongside law enforcement as well as crime scene services when processing a crime scene.
MS. BUCKINGHAM: And when you go to a crime scene to process with the crime scene response unit, what's the goal or what are you looking to do there?
MAUREEN HARTNETT: My focus generally is on biological evidence, such as blood, semen, saliva, as well as documentation through sketches and diagrams.
MS. BUCKINGHAM: And the trooper from the crime scene services section that is usually there, the law enforcement, are they also documenting the scene as well and reviewing those same areas, but through photographs?
MAUREEN HARTNETT: Yeah, so I can't speak for all of their responsibilities. I do know they take photographs, video, and they also take their own diagrams on occasion.
MS. BUCKINGHAM: Now, in addition to locating biological evidence, do you sometimes perform what's called screening tests at crime scenes?
MAUREEN HARTNETT: Yes, I do.
MS. BUCKINGHAM: And what are the common screening tests that you can do at a crime scene?
MAUREEN HARTNETT: I perform screening tests for blood, as well as screening tests for semen, depending on the case history and what the forensic relevant evidence is.
MS. BUCKINGHAM: And does that help inform you on what to collect from a crime scene sometimes?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: I'm afraid to say if there's large pool of blood on a floor, you can't collect that all and take it back to the lab, correct?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: So how do you collect a sampling of it in order to then later process something like a red-brown stain or some sort of biological spot or stain that you observe?
MAUREEN HARTNETT: Depending on the substrate on which the biological fluid is located, I'll take a swabbing of the item, which is generally something like a Q-tip to swab up the stain. Or if it's on a soft surface, I could potentially take a cutting to preserve that biological evidence for future testing.
MS. BUCKINGHAM: And in some instances, do you actually take the whole object if it's possible?
MAUREEN HARTNETT: In some instances, yes, that's correct. We would take the whole object depending on what it is.
MS. BUCKINGHAM: Okay. I'm gonna draw your attention to January 24th of 2023. Do you recall being asked to come out with the crime scene response unit on that day or that evening?
MAUREEN HARTNETT: Yes, I do.
MS. BUCKINGHAM: And where was the first place that you went in this response?
MAUREEN HARTNETT: I responded to South Shore Hospital, the emergency department.
MS. BUCKINGHAM: And fair to say that Trooper Rose Stoffers was also dispatched to that location as well?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: And did you make observations of a person who was identified as Lindsay Clancy at South Shore Hospital?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: And did you observe her to have red-brown stains on her body?
MAUREEN HARTNETT: I noted red-brown stains on her hands. I did not have the opportunity to examine her entire body. She was mostly covered with blankets and other types of medical equipment, but I did note red-brown stains on her hands.
MS. BUCKINGHAM: And clearly she was there for some sort of treatment, right? So why was your focus on her hands as a crime scene response technician and a criminalist?
MAUREEN HARTNETT: At that point in time, I was collecting samples from her hands for potential biological evidence relating to the crime. So when I noted the red-brown stains, I collected samples from her hands.
MS. BUCKINGHAM: And while at South Shore Hospital, you were also aware that she had come into the hospital with clothing that was cut off, correct?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: And that clothing was bagged up and collected?
MAUREEN HARTNETT: Yes, I returned that clothing to the crime laboratory.
MS. BUCKINGHAM: Who did you receive the clothing from? Do you recall?
MAUREEN HARTNETT: I believe it was Trooper Dan Lawler.
MS. BUCKINGHAM: At some point after being at South Shore Hospital, did then, you then respond to 47 Summer Street in Duxbury?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: Did you have somebody with you that day?
MAUREEN HARTNETT: I had a forensic scientist trainee at that time.
MS. BUCKINGHAM: Okay. At 47 Summer Street, were you directed to a particular area to examine first?
MAUREEN HARTNETT: I first entered the home through the main floor, and then was directed into the basement of the home.
MS. BUCKINGHAM: And when you came into the basement, or I guess this could be true of when you respond to most crime scenes, is it the best practice to be one of the first in the home to examine the home as it is, or the scene as it is?
MAUREEN HARTNETT: Generally, crime scene services would enter first to photograph and video so that there's no personnel in those photos or videos. Then I would normally enter, or the crime scene response unit would enter next, so that nothing is disturbed and that we can mark and test and collect evidence as is prior to the detective unit coming in. And then once our things are marked and documented, then the detective unit would also enter the residence.
MS. BUCKINGHAM: So when you came into the basement at 47 Summer Street, did you observe some areas of the basement that were of significance to you as the crime scene response?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: And did you observe a red-brown stain on the floor?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: Once you observe it, what do you do with that stain?
MAUREEN HARTNETT: I marked the stain using a piece of ruler tape, and I designated that stain as stain A, so that I can properly refer to it in my report.
MS. BUCKINGHAM: Okay. And I'm gonna approach the jury.
MS. BUCKINGHAM: Is that familiar to you?
MAUREEN HARTNETT: Yes, it is.
MS. BUCKINGHAM: Is that stain A that you just told us about?
MAUREEN HARTNETT: Yes, that's correct.
MR. REDDINGTON: Objection, Your Honor.
THE COURT: It may be admitted.
COURT REPORTER: Exhibit 158.
THE COURT: All right. Thank you.
MS. BUCKINGHAM: Showing you now on the screen what's been marked as exhibit 158. Obviously this appears to be on carpet, correct?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: What did you do to collect sampling of that—well, I guess, what is the first thing you did with that stain?
MAUREEN HARTNETT: So once I marked it, I then requested it be photographed, and that is the resulting photograph from that request. I then performed a screening test for the presence of blood on that stain. The screening test was positive, and at that point, once I documented that result in my notes, I then took two swabs of that stain for further testing.
MS. BUCKINGHAM: Now, when you're at a scene and you see something that is a red-brown stain, you don't refer to that as blood, correct?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: And even after a screening test, you don't refer to it as blood, do you?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: Those preliminary tests are just screens, and so what do you do to then later confirm it?
MAUREEN HARTNETT: Once a swab is collected and then submitted to the lab, later when I'm assigned the case in the criminalistics unit in the lab, I'll then perform a confirmatory test on any swabs that they're interested in that need to be tested further.
MS. BUCKINGHAM: And so as it pertains to the stain, stain A, how do you take the swab? What do you do?
MAUREEN HARTNETT: I apply deionized water to two Q-tips and apply it to the stain, and then the red-brown stain is then transferred to the Q-tips. I then package those, seal them and enter them into our laboratory system, and store them in a cold storage unit until they're ready to be further tested.
MS. BUCKINGHAM: And fair to say with this particular investigation, the swabbing from that stain, stain A on the basement floor, was labeled as item 3-3 for this case?
MAUREEN HARTNETT: That's, that's correct.
MS. BUCKINGHAM: Did you also go to another area of the house?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: And what other areas did you go?
MAUREEN HARTNETT: I went up to the master bedroom on the second floor of the house.
MS. BUCKINGHAM: Did you observe additional red-brown stains in that master bedroom?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: And so again, when you observe stains you then note them, mark them, document them, correct?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: And how many stains did you document in the master bedroom?
MAUREEN HARTNETT: Four.
MS. BUCKINGHAM: Okay. And again, just like the stain on the basement where you labeled A, do you kind of start over with the stains in the other bedroom, or do you continue to label them in sequence?
MAUREEN HARTNETT: I continue to label them in sequence, so they were B through E.
MS. BUCKINGHAM: Okay. So first, referring to stain B, do you recall where that was in the master bedroom?
MAUREEN HARTNETT: That was on the floor of the master bedroom in between the bed and the mirror.
MS. BUCKINGHAM: I'm gonna show you the photo.
MS. BUCKINGHAM: And is that fair to say stain B?
MAUREEN HARTNETT: Stains, yes. True, correct.
MS. BUCKINGHAM: Motion to admit this into evidence.
THE COURT: All right. May be admitted.
MS. BUCKINGHAM: Exhibit 159.
MS. BUCKINGHAM: Ms. Hartnett, showing you 159 on the screen. Fair to say that's not one, one stain that was observed, correct?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: But what did you do to collect, if anything, or screen this particular area of red-brown stains?
MAUREEN HARTNETT: Sure. So in this particular case, based on the stains' size and distribution, I consider them a related group of stains. So I tested one of the stains, performed a screening test for the presence of blood. That was positive, so then I collected two swabs from that stain just like the other one as before.
MS. BUCKINGHAM: Just showing you kind of another photograph of that area. Is that familiar as well?
MAUREEN HARTNETT: Yes.
MS. BUCKINGHAM: Motion to admit this as State's exhibit.
THE COURT: All right, that may be admitted.
MS. BUCKINGHAM: Exhibit 160. And again, now showing what's been marked as 160, you've now testified that there was a grouping of stains. And so based on your observations of the grouping, you were able to identify that they appeared related?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: How about stain C? Where was that located?
MAUREEN HARTNETT: Stain C, I believe, was located on the mirror.
MS. BUCKINGHAM: And just going back to 159 just for reference, can you see the bottom legs of the mirror in this photograph?
MAUREEN HARTNETT: Yes.
MS. BUCKINGHAM: So they, it was close to that cluster of stains?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: Showing you another photograph. And does that depict the stain C that you noted on the mirror?
MAUREEN HARTNETT: Yes, it does.
MS. BUCKINGHAM: Move to admit this into evidence.
THE COURT: That may be admitted.
MS. BUCKINGHAM: Exhibit 161. With what's now been marked as 161, stain C, again, is—would this be kind of a cluster of related red-brown stains?
MAUREEN HARTNETT: Yes. Based on their location and their shape, I collected one stain from that area.
MS. BUCKINGHAM: Did you perform that same screening test?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: And what was the result?
MAUREEN HARTNETT: It was positive.
MS. BUCKINGHAM: And did you then swab and collect from one of those stains as well?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: Now, stain D. Do you recall where that was in the bedroom?
MAUREEN HARTNETT: That was on the windowsill.
MS. BUCKINGHAM: Show you two more photos.
MS. BUCKINGHAM: And do those represent where you identified as stain D on the sill?
MAUREEN HARTNETT: Yes.
MS. BUCKINGHAM: I would ask these be admitted as two, please.
THE COURT: They may be admitted.
MS. BUCKINGHAM: 163.
MS. BUCKINGHAM: And showing you 162 first, fair to say that's the inside of the window sill, correct? Inside the bedroom?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: That night that you were there, did you make any observations of any stains on the outside of the window sill?
MAUREEN HARTNETT: Yes, each of those were documented through photographs.
MS. BUCKINGHAM: Did you collect any swabbings from the stains on the outside of the window sill that night?
MAUREEN HARTNETT: No, I did not.
MS. BUCKINGHAM: And just kind of showing you for the jury 163, that's just a further close-up of some of the stains. And is that fair to represent the area that you tested for the screen and then later swabbed?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: And stain E, do you recall where that was located?
MAUREEN HARTNETT: That was located on the nightstand next to the bed.
MS. BUCKINGHAM: Showing you another photograph. Is that familiar to be stain E?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: Okay. I would move to admit this into evidence.
THE COURT: All right, that may be admitted.
COURT REPORTER: Exhibit 164.
MS. BUCKINGHAM: And I'm just showing you another photograph of the outside of the house. Do you see staining that you observed that night on the outside?
MAUREEN HARTNETT: Yes, I do.
MS. BUCKINGHAM: And I would move to admit this as an exhibit.
THE COURT: All right, that may be admitted.
COURT REPORTER: Exhibit 165.
MS. BUCKINGHAM: So first, exhibit 164, you observed several stains in that location?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: And did you do the same thing as some of the other grouping of stains, screen one area, collect or swab from one area?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: And just now showing exhibit 165, if you can see at the top, there's a stain on the outside of the window sill. Did you observe that on January 24?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: But you did not swab or screen that stain, correct?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: Why not?
MAUREEN HARTNETT: Generally, we don't collect every single stain from a scene. I organize the stains based on location, size, shape, distribution, and collect it from multiple areas. And in this particular case, I knew there was a single bleeder in that area, so I collected from numerous stains, just not that particular one.
MS. BUCKINGHAM: And in addition to that stain on the window sill, fair to say you did observe some other staining on the outside of the house as well, further down the window and on top of the first floor window frame?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: While you were out in the backyard, did you also observe staining, or red-brown stains in the yard?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: And did you do that same procedure of marking it, screening it, collecting a sample from it?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: I'm just gonna show you one more photograph.
MS. BUCKINGHAM: I'm just gonna show that to you. Is that familiar?
MAUREEN HARTNETT: Yes, it is.
MS. BUCKINGHAM: I'm afraid to say that was then documented as stain F?
MAUREEN HARTNETT: Correct.
MS. BUCKINGHAM: I move to admit this as an exhibit.
THE COURT: All right, that may be admitted.
COURT REPORTER: Exhibit number 166.
MS. BUCKINGHAM: As far as the work that you did on the scene at 47 Summer Street on January 24th, fair to say it was limited to documenting these areas, swabbing these areas, for the most part?
MAUREEN HARTNETT: Yes, and I also collected a pair of pajamas and a pink bathrobe from the basement.
MS. BUCKINGHAM: Were all of the swabbings and those items collected brought back to the Massachusetts State Police Crime Lab?
MAUREEN HARTNETT: Yes, they were.
MS. BUCKINGHAM: Are you aware that there were other items that were collected within that home on January 24th that were also brought back to the State Police Crime Lab for further analysis?
MAUREEN HARTNETT: Yes.
MS. BUCKINGHAM: Okay. Moving to January 25th of 2023, did you go to the Brigham and Women's Hospital as part of the crime scene response, again to see Lindsay Clancy, the defendant?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: And you observed her at that location as well?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: Did you take further samples from her?
MAUREEN HARTNETT: Yes, I collected samples, swabbings from underneath her fingernails.
MS. BUCKINGHAM: And then as far as your duties on this case with crime scene response, did you return back to 47 Summer Street on January 15th of 2023?
MAUREEN HARTNETT: I believe I returned on June 15th.
MS. BUCKINGHAM: I'm sorry, June 15th. Thank you.
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: And when you returned to the home on June 15th, did you go in the nighttime, the daytime?
MAUREEN HARTNETT: I went during the day.
MS. BUCKINGHAM: And, again, with a crime scene response trooper or a crime scene services trooper?
MAUREEN HARTNETT: Yes, correct.
MS. BUCKINGHAM: What was the purpose of going back to 47 Summer Street on June 15th?
MAUREEN HARTNETT: I was informed that additional testing was being requested on some of the red-brown stains that were noted on the exterior of the house, up on the shingles, they had not previously collected from. So I went back to see if I could potentially collect samples from those.
MS. BUCKINGHAM: Is that something in your training and experience is possible, to collect biological substances from something like a shingle months after the incident occurred?
MAUREEN HARTNETT: It's possible. So if it's requested, we'll certainly go out and attempt to do that.
MS. BUCKINGHAM: And in this particular incident, you went out and first made observations of the rear of the home, correct?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: And then made closer observations of underneath that second-floor window?
MAUREEN HARTNETT: Yes. Correct.
MS. BUCKINGHAM: Did you observe any obvious staining in that area?
MAUREEN HARTNETT: There appeared to be a reddish brown stain underneath the window sill.
MS. BUCKINGHAM: So what did you do once you observed those stains?
MAUREEN HARTNETT: I marked that stain as stain A, and then I also marked additional stains further down on the side of the house on the shingles.
MS. BUCKINGHAM: Where was stain A?
MAUREEN HARTNETT: That was right underneath the window sill, of the window that was farthest right. What would've been the master bedroom on the exterior.
MS. BUCKINGHAM: Okay.
MS. BUCKINGHAM: Gonna show you this photograph of the rear of the home.
MAUREEN HARTNETT: Mm-hmm.
MS. BUCKINGHAM: Does this photograph at least show the area where you observed stain A?
MAUREEN HARTNETT: Yes.
MS. BUCKINGHAM: Okay. And can you point out to me where that was?
MAUREEN HARTNETT: Sure. It's sort of on the left side near where this orange, it seems to be some sort of window insulation, so it was right underneath there. So I did perform a screening test on that.
MS. BUCKINGHAM: And what was the results of the screening test?
MAUREEN HARTNETT: That was negative.
MS. BUCKINGHAM: I would move to admit this photo into evidence.
THE COURT: That may be admitted.
COURT REPORTER: 167.
MS. BUCKINGHAM: And on June 15th, when you were there, 2023, showing you now exhibit 167.
MS. BUCKINGHAM: Kind of closing in on underneath that window, there's that orange ball that you described appeared to be some sort of insulation.
MAUREEN HARTNETT: Correct.
MS. BUCKINGHAM: And that was negative. That stain you observed was negative, so you didn't do anything further with that?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: As far as the other areas, you have stains B, C, and D, correct?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: Just wanna orient here. Is that a fair representation of stain B?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: And while I'm here—
MAUREEN HARTNETT: Mm-hmm.
MS. BUCKINGHAM: ... stain C and D?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: Okay. And again, stain B is kind of in between that top floor window and the first floor window.
MAUREEN HARTNETT: Correct.
MS. BUCKINGHAM: And stains C and D are just above the first floor window?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: I would ask to admit those into evidence.
THE COURT: All right. Those may be admitted.
THE COURT: Counsel, it's just about 11:00. Why don't we take the morning recess—
MS. BUCKINGHAM: Sure.
THE COURT: ... at this time. All right. So we're gonna take the morning break at this time, members of the jury.
BAILIFF: All rise. Jurors, close your notebooks. Place them on your chairs.
BAILIFF: Jurors have exited the courtroom.
THE COURT: Counsel, anything we need to talk about before the break?
MS. BUCKINGHAM: No, Your Honor.
THE COURT: All right. So we'll be in the morning recess at this time. Thank you.
BAILIFF: Court stands in recess.
BAILIFF: Court is back in session. You may be seated.
COURT CLERK: Your Honor, for the purpose of the record, we return back to the trial of Commonwealth versus Lindsay Clancy. All parties are present, including the defendant, excluding the jury.
THE COURT: All right. Counsel, you ready to recall?
MS. BUCKINGHAM: Yes. Would you like the witness back on the stand, Your Honor?
THE COURT: Yeah, please, and then we can bring the jury in.
BAILIFF: Court, all rise. Jurors enter.
THE COURT: This court's now in session. Please be seated.
COURT CLERK: Your Honor, for the purpose of the record, we return back to the trial, the Commonwealth versus Lindsay Clancy. All parties are present, including the defendant and including the 18 jurors.
THE COURT: All right. We will now return to the case on trial. Attorney Buckingham, please.
MS. BUCKINGHAM: Thank you. Ms. Hartnett, I just wanna go back for one second to the night of January 24th at 47 Summer Street, and show you one additional photograph, if that's okay.
MAUREEN HARTNETT: Sure.
MS. BUCKINGHAM: Is this familiar to you?
MAUREEN HARTNETT: Yes, it is.
MS. BUCKINGHAM: And is this the area depicted in the bedroom of the home at 47 Summer Street that area where you noted later with stain E?
MAUREEN HARTNETT: Correct.
MS. BUCKINGHAM: Okay. And you observed on that particular night the knife that was located on that nightstand?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: I'd move to admit this into evidence.
THE COURT: All right, that may be admitted.
COURT REPORTER: Exhibit 170.
MS. BUCKINGHAM: And showing you now on the screen, it's been marked as exhibit 170. You're aware that the knife depicted in this photograph was collected from 47 Summer Street on January 24th, correct?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: Now, going back to where I think we left off before the break, we were talking about returning to the home on June 15th of 2023, and that you examined some stains on the shingles on the outside of the house. Do you recall that line of questioning?
MAUREEN HARTNETT: Yes, I do.
MS. BUCKINGHAM: In addition to marking the stains, did you collect anything from the area of the rear of the house on June 15th related to stains B, C, and D?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: I'm just going to show you some items. You wanna—
MS. BUCKINGHAM: Take a look at the items that are in those bags?
MAUREEN HARTNETT: You want me to take them out of the bags?
MS. BUCKINGHAM: If—just so that you can examine them.
MS. BUCKINGHAM: And fair to say what's in these bags, first the one labeled shingle with stain D, then the one labeled shingle with stain C, and then the third shingle with stain D. Are these the shingles that you observed those stains on on June 15th, 2023?
MAUREEN HARTNETT: Yes, they are.
MS. BUCKINGHAM: I would move to admit these three items as exhibits.
THE COURT: All right. They may be admitted.
COURT REPORTER: 171 through 173.
THE COURT: All right.
MS. BUCKINGHAM: And Ms. Hartnett, fair to say those shingles were then collected, brought back to the Massachusetts State Police Crime Lab for further analysis?
MAUREEN HARTNETT: Yes. I also collected swabs at the scene from each of those shingles in addition to collecting the shingles themselves.
MS. BUCKINGHAM: Okay. Now turning to your other role at the lab working in the criminalistics unit, did you also perform criminalistics testing in relation to this case?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: And fair to say for items that were collected from the home at 47 Summer Street on January 24th, 2023, you did some confirmatory testing on several of those items?
MAUREEN HARTNETT: Yes, that's correct.
MS. BUCKINGHAM: And what items did you do confirmatory testing on?
MAUREEN HARTNETT: I performed confirmatory testing on some of the swabs that were collected from the home. I believe those swabs collected from stain A. I would have to check my notes specifically for the stains.
MS. BUCKINGHAM: That's okay. Let's just kind of go through some of the areas of the house first.
MAUREEN HARTNETT: Okay.
MS. BUCKINGHAM: So as far as the stains that we discovered, or that we talked about previously, stain A on the basement floor, that was item 3-3. Stain B, on the bedroom floor, that cluster, that's items 3-4, correct?
MAUREEN HARTNETT: Correct.
MS. BUCKINGHAM: Stain D from the bedroom window sill, that was labeled as item 3-6, correct?
MAUREEN HARTNETT: Correct.
MS. BUCKINGHAM: And stain F, which is the snow on the backyard, or the stain on the snow in the backyard, item 3-8, those were all confirmed at the laboratory to be blood?
MAUREEN HARTNETT: That is correct.
MS. BUCKINGHAM: And again, we talked briefly earlier about the fact that there's always a screen, and then that there's... You can't make a determination of the substance until a confirmatory test is done, correct?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: And so that is a process that you do at the lab?
MAUREEN HARTNETT: Yes, correct.
MS. BUCKINGHAM: And as far as the knife that we just were referring to, the knife that was recovered—what's in exhibit 170—you were able to examine that further, or swabs taken from that knife, at the lab?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: And confirm that what you say was stain A on the blade of that knife was confirmed to be blood?
MAUREEN HARTNETT: Yes. I performed the screening test, as well as the confirmatory test for blood on stain A at the laboratory.
MS. BUCKINGHAM: Now, once you are in the laboratory and determine that blood is confirmed on these particular items, or that there is biological substance present, do you do anything to prepare those items for further testing in a different unit of the lab?
MAUREEN HARTNETT: Yes, I do.
MS. BUCKINGHAM: What do you do?
MAUREEN HARTNETT: For the swabs that I collected and for the swabbings that I took of the knife, I then cut them up, give them a separate item number, and preserve those for potential DNA analysis. Half of the sample's also preserved for any future analysis, if necessary.
MS. BUCKINGHAM: And fair to say it's a different unit at a different part of the Massachusetts State Police Crime Lab that conducts DNA testing, correct?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: And so if some of the items that you examined are selected for further testing, those swabbings or further snippets would then be sent to the unit, DNA unit?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: Now, as it pertains to some of the other items that were collected from 47 Summer Street, you also did some work on three exercise bands, correct?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: And what did you do in relation to the three exercise bands that were collected?
MAUREEN HARTNETT: After documenting them in the lab, I took samples from each of the ends of the exercise bands, as well as a separate sample from the center of each of the exercise bands.
MS. BUCKINGHAM: Okay. And so the first band, which is identified as a yellow exercise band, had previously been identified as item 2-2, correct?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: Okay. And so did you take samples from both the ends and the middle of that item?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: I'm just gonna approach with a photograph.
MS. BUCKINGHAM: Is that familiar to you?
MAUREEN HARTNETT: Yes, it is.
MS. BUCKINGHAM: And in addition to actually taking the swabs, you also document the item that you're analyzing and reviewing, correct?
MAUREEN HARTNETT: Yes. Prior to performing any kind of collection or testing on an item, I'll photograph it.
MS. BUCKINGHAM: And so this particular photograph, is it fair to say this is a photograph from your work at the laboratory with the yellow exercise band?
MAUREEN HARTNETT: Yes, it is.
MS. BUCKINGHAM: I would move to admit this as an exhibit.
THE COURT: All right. That may be admitted.
COURT REPORTER: 174.
MS. BUCKINGHAM: 174.
THE COURT: All right. Thank you.
MS. BUCKINGHAM: Okay. So, Ms. Hartnett, now showing you what's been marked as exhibit 174- ... the yellow exercise band, you indicated that you took swabbings from around the handle areas, correct?
MAUREEN HARTNETT: Correct.
MS. BUCKINGHAM: And the middle of the band?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: Why didn't you swab the whole thing?
MAUREEN HARTNETT: The purpose of the collection was to potentially determine who was holding or had contact with the ends of the band, and who potentially had contact with the center of the band, potentially those being two different individuals. So I collected samples separate from the ends as, in addition to the center.
MS. BUCKINGHAM: And was your approach on each one of the bands the same?
MAUREEN HARTNETT: Yes, it was.
MS. BUCKINGHAM: Okay. So the second band, which is the black band, that was identified as item 2-3, you took samples again from the ends and the middle?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: And I'm just gonna show you another photograph. And is that the black band you examined?
MAUREEN HARTNETT: Yes, it is.
MS. BUCKINGHAM: And I would move to admit this as an exhibit.
THE COURT: That may be admitted.
COURT REPORTER: Exhibit 175.
MS. BUCKINGHAM: And finally, the blue exercise band that was recovered from the home at 47 Summer Street, that was identified as item 2-4, did you examine it in the same fashion, swabbing the ends and the middle?
MAUREEN HARTNETT: Yes, I did.
MS. BUCKINGHAM: And this one?
MAUREEN HARTNETT: Yes.
MS. BUCKINGHAM: Is that a photograph of the band, the one you were examining at the lab?
MAUREEN HARTNETT: Yes, it is.
MS. BUCKINGHAM: Next exhibit please.
THE COURT: All right. That may be admitted.
COURT REPORTER: Exhibit 176.
MS. BUCKINGHAM: And as far as the swabbings that you took of these, each of these three exercise bands, what did you do with the swabbings after you swabbed the items?
MAUREEN HARTNETT: I allowed the swabs to air-dry. I gave them each a item number, and then I preserved half of each of the swabs for additional testing in the DNA unit.
MS. BUCKINGHAM: And as far as your knowledge of some of the additional testing, you're aware that the exercise band swabbings were sent forward to the DNA unit for additional analysis, correct?
MAUREEN HARTNETT: Yes. That's my understanding.
MS. BUCKINGHAM: Thank you.
MAUREEN HARTNETT: Thank you.
THE COURT: Thank you. Cross?
MR. REDDINGTON: Thank you. Good afternoon.
MAUREEN HARTNETT: Good afternoon.
MR. REDDINGTON: So, Ms. Hartnett, you initially went into the home at 47 Summer Street, at what time that day?
MR. REDDINGTON: Was it in the evening or early morning hours?
MAUREEN HARTNETT: It was the early morning hours. January 25th.
MR. REDDINGTON: Okay. And you had somebody that was learning underneath you that was with you at that time?
MAUREEN HARTNETT: That's correct.
MR. REDDINGTON: And you went into the various areas of the house. You went down to the basement, right?
MAUREEN HARTNETT: Yes.
MR. REDDINGTON: You talked about the stain that you had taken swabs of that was on the carpet down in the basement, right?
MAUREEN HARTNETT: That's correct.
MR. REDDINGTON: Then you went upstairs, and then ultimately, you ended up in the bedroom, and you made observations of a number of blood drops, or red-brown, as you put it, drops on the floor, right?
MAUREEN HARTNETT: There were numerous red-brown stains on the floor, yes.
MR. REDDINGTON: On the clothing, the bed clothes that were on the bed as well, right?
MAUREEN HARTNETT: I do not believe I documented red-brown stains on the clothing. It may have been there. I don't know if I have that in my notes.
MR. REDDINGTON: How about on top of the nightstand? There was the knife that counsel had talked about, correct?
MAUREEN HARTNETT: Yes. Correct.
MR. REDDINGTON: And then you look at the window, and there was a red-brown stain on the right-hand side of the window as you're looking—outside from inside the bedroom, right?
MAUREEN HARTNETT: Yes, correct.
MR. REDDINGTON: And you made observations of some of the markings on the shingles that were directly below the window and directly above where the red-brown stains were found in the snow underneath?
MAUREEN HARTNETT: Yes, that's correct.
MR. REDDINGTON: Your confirmatory tests... And first of all, what you do is you have your screening tests. Back in the day, they used to, you know, you used the O-orthotolidine. Do you still use that?
MAUREEN HARTNETT: No, not at this time.
MR. REDDINGTON: Now you use what? Crystalline? What do you use now?
MAUREEN HARTNETT: It's called Kastle-Meyer.
MR. REDDINGTON: And the Kastle-Meyer... Basically, as I say, back in the day, it used to be that you would have vegetation that could give you a false positive, right?
MAUREEN HARTNETT: Correct.
MR. REDDINGTON: Certain chemicals could give you a false positive?
MAUREEN HARTNETT: Correct.
MR. REDDINGTON: Animal feces could give you a false positive, right?
MAUREEN HARTNETT: Depending on what's in them, possibly, yes.
MR. REDDINGTON: The test now that you have, the confirmatory test, is a lot more accurate, if you will. But still, nevertheless, I said confirmatory screening.
MAUREEN HARTNETT: Mm-hmm.
MR. REDDINGTON: But nevertheless, you still have to do a confirmatory test, right?
MAUREEN HARTNETT: That's correct.
MR. REDDINGTON: And back in the day, it used to be Takayama test. What do you do for confirmatory now?
MAUREEN HARTNETT: We use a test card, a HemaTrace test card, which is something similar to a COVID test or a pregnancy test, where you just put the liquid in the beginning of the card. The liquid runs up, and if there's two lines, it's positive. And if it's only one line, it's negative.
MR. REDDINGTON: That's not the Teichman test, is it?
MR. REDDINGTON: Okay. So the confirmatory test that you use, that's a color test though, right?
MAUREEN HARTNETT: It's a immunographic test. It's an assay, so it's not, it's not really a color test where you add the drops to the swab and it's gonna change color.
MR. REDDINGTON: Okay.
MAUREEN HARTNETT: It's a reaction that's happening within the test card between antibodies and antigens that produce either two lines or one line.
MR. REDDINGTON: So let's take, for example, in the bedroom on the floor, the counsel had shown you a number of drops that were on the floor between the bed and that mirror.
MAUREEN HARTNETT: Mm-hmm.
MR. REDDINGTON: Right? You did confirmatory testing on that?
MAUREEN HARTNETT: I did back at the lab. I screened it at the scene, and then... I'm sorry, confirmed it back at the lab.
MR. REDDINGTON: And that confirmed that it was human blood?
MAUREEN HARTNETT: It confirmed that it's blood, and it indicates human blood. There is pos-
MR. REDDINGTON: You have to do a precipitin test or something to determine if it's animal blood or human blood, right?
MAUREEN HARTNETT: So the test card that we use indicates that it is... It confirms that it's blood. It indicates human blood because it may react with primate blood. So it's not specific to human blood.
MR. REDDINGTON: The bottom line is that you, as a chemist working for the Mass State Police investigating this case, are confirming that the stains that are on the floor of the bedroom, all the blood, all those stains are in fact human blood, right?
MAUREEN HARTNETT: I'm confirming the single stain that I collected from is blood.
MR. REDDINGTON: All right. And when you say the single stain, that would be, you use the Q-tip and you swab it, and that would be from all of the stains that were all over the place on the floor, right?
MAUREEN HARTNETT: I did not swab each individual stain. I took-
MR. REDDINGTON: Okay.
MAUREEN HARTNETT: ... I took a swab from each collection of stains.
MR. REDDINGTON: Okay. And that was human blood confirmatory, indicating it was human, right?
MAUREEN HARTNETT: It was confirmatory for blood and indicated human blood.
MR. REDDINGTON: All right. Now, one of the exhibits that the district attorney had pointed out to you was the...
MR. REDDINGTON: Mirror, exhibit 161. Do you remember that, the mirror?
MAUREEN HARTNETT: Yes, I do.
MR. REDDINGTON: Now, you see those drops that appear to be going down from above in a downward direction? You see those drops? You tested those?
MAUREEN HARTNETT: I do see the red-brown stains and yes, I performed a screening test on one of them at the scene.
MR. REDDINGTON: Okay. And again, you're comfortable that that in fact is human blood, correct?
MAUREEN HARTNETT: I did not perform a confirmatory test on that specific stain back at the lab. So I just screened it at the scene, and that stain was not tested any further at that time.
MR. REDDINGTON: It was what?
MAUREEN HARTNETT: I performed a screening test at the scene. I did not perform any confirmatory tests on that specific stain back at the lab.
MR. REDDINGTON: Well, there's no doubt that the stains that are depicted on the full-length mirror that we can see in exhibit 161, and the stains that were on the floor next to the bed, and the stains that were on the floor in front of the bed heading towards the door, all were the same consistency, right?
MAUREEN HARTNETT: I didn't make any determination whether or not they were all the same consistency.
MR. REDDINGTON: Human blood?
MAUREEN HARTNETT: I did not make a determination that they were human blood, so based on the scientific results, I cannot say that they were human blood.
MR. REDDINGTON: As a chemist and involved in crime scenes many, many times, would you agree that the substance that's on the floor and the substance that's in the mirror and the substance that's on the doorknob and the drops that are heading out of the bedroom, those in fact, more probable than not, would be human blood, right?
MAUREEN HARTNETT: I do make certain assumptions based on the color of a stain, the size, the shape of the stain, that it could potentially be blood, and that one would indicate what I might wanna test further. So I don't make an assumption off the bat that it's gonna be human blood. That's why we perform scientific testing, to screen for blood and then to confirm it's blood.
MR. REDDINGTON: Okay. So this here, you indicated was some type of insulation?
MAUREEN HARTNETT: That's what it appeared to me. I mean, I'm not an expert, but that's... It looked like some sort of foam insulation.
MR. REDDINGTON: And it's a little difficult to see with the...
MR. REDDINGTON: See that there above the little orange... Looks like a little balloon, but let's say it's insulation, or let's say it's something for bugs. You see the red substance on that object?
MAUREEN HARTNETT: I do.
MR. REDDINGTON: You see the red substance, red-brown stain on that window ledge or window sill?
MAUREEN HARTNETT: Yes, I do.
MR. REDDINGTON: You tested that?
MAUREEN HARTNETT: I did not test that specific stain, no.
MR. REDDINGTON: So do we know if that was blood?
MAUREEN HARTNETT: No, not at this time.
MR. REDDINGTON: Pretty obvious that it was though, to you, right?
MAUREEN HARTNETT: It appears to be a red-brown stain on the exterior of the windowsill, but I did not do any testing on it.
MR. REDDINGTON: Okay. And did I hear you correctly that the... January, February. It was five months later that the State Police investigators decided that you would get the shingles off the house?
MAUREEN HARTNETT: I don't know when that decision was made, but that was the day that I was requested to go out.
MR. REDDINGTON: And then the district attorney showed you the shingles and envelopes. You opened them up and looked at them, and you did a confirmatory test on those?
MAUREEN HARTNETT: I did not. I performed the screening tests on each of those stains at the scene. I did not perform a confirmatory test on those stains due to the fact that the red-brown stain color was no longer visible. So potentially the—
MR. REDDINGTON: It was degraded because of the weather, right?
MAUREEN HARTNETT: At some point, the red-brown stains appeared darker. They were no longer red-brown, so I thought that the material could be less, so I didn't wanna use any additional material for confirmatory testing.
MR. REDDINGTON: In school, as a chemist, you learn how to testify, don't you?
MAUREEN HARTNETT: Yes.
MR. REDDINGTON: One of the things they tell you is look at the jury. When the lawyer asks a question, you look at the jury, and you answer the question, right?
MAUREEN HARTNETT: That's correct.
MR. REDDINGTON: Right. So can you just look at me when I ask you, just a little bit, a question? Would you agree that weather affects, degrades blood if in fact it is on an object and allowed to stay outside?
MAUREEN HARTNETT: Absolutely.
MR. REDDINGTON: All right. And then you can look at them. And then you'd agree with me that what you noted appeared to be dark?
MAUREEN HARTNETT: Yes.
MR. REDDINGTON: It could almost be like bat guano for that matter. We don't know what it is, right?
MAUREEN HARTNETT: No, I cannot make determination what it was. Like, I just performed a screening test, so I could not confirm it was blood. They just screened positive for blood.
MR. REDDINGTON: Do you remember if there was a red-brown stain on the doorknob of the bedroom from the inside of the bedroom going out? Did you notice that?
MAUREEN HARTNETT: Potentially I noticed it. I don't believe I... I didn't collect from that.
MR. REDDINGTON: We don't know if that's blood either.
MAUREEN HARTNETT: Correct.
MR. REDDINGTON: And how about the drops, the red-brown drops that were by the door directly underneath the doorknob? Did you test those with your swabs?
MAUREEN HARTNETT: No, I did not.
MR. REDDINGTON: That's all I have. Thank you.
THE COURT: All right. Commonwealth redirect?
MS. BUCKINGHAM: Just briefly, you were attempting to explain why you did not perform confirmatory testing on the shingles. Can you explain that to the jury?
MAUREEN HARTNETT: Because I could no longer see the red-brown stain, and it just appeared more of a darker stain, a lighter stain than I had previously saw at the scene, given that that material, whatever it was on the shingle, may have been limited, performing confirmatory tests is using up additional material to perform that test. So given that was already potentially limited due to the conditions and the time that had passed and the fact that I could no longer see the red-brown stain, I simply performed the screening test, and once that was positive, I took a swab and just preserved it. I did not perform any more testing in the lab on that swab.
MS. BUCKINGHAM: And is that because you would need something to forward on to DNA if you wanted additional testing to be done?
MAUREEN HARTNETT: Correct. I would've had to use up a portion of that sample to perform the confirmatory tests, and I didn't think that that was in the best interest of the case given the fact that the material may already have been limited.
MS. BUCKINGHAM: And you indicated that you had previously seen those red-brown stains in those same areas that you swabbed and the shingles were collected back in January, correct?
MAUREEN HARTNETT: That's correct.
MS. BUCKINGHAM: Thank you. Nothing further.
THE COURT: Anything further? All right. Thank you. You may step down. Thank you.
MAUREEN HARTNETT: Thank you.
THE COURT: All right. Ms. Buckingham?