Day Two: Gunshot Residue not looked for in car at State crime lab

1:55 p.m. and court is back in session - exactly as Judge Donalty said it would. Office Greg Facciolo is back on the stand being cross-examined by the Defense.

Facciolo says that no powder residue was found on Rivera's hands, although HE was not the one doing the testing.

The leather jacket of Rivera's has come back up in testimony again. Facciolo says that the decision NOT to send the leather jacket of Rivera's to the NYS Crime Lab was not his decision directly, but, while he can't remember exactly may have come out of a meeting.

The meeting in Albany, with Facciolo and other investigators took place on April 30. Defense asks if Facciolo remembers speaking with Investigator Peter Galleta at State Police Lab, and while Facciolo said he's had numerous conversations with Galleta on this case, he doesn't recall the particular conversation on April 30.

Facciolo said he told State Police inspecting the car to take a look for shell casings, drugs, and if they could check for gunshot powder residue. Facciolo says that gunshot powder residue was NOT checked for at the Crime lab.

Defense asks if he had taken any photos of the Dodge Neon before it was taken away from John Street on April 12. He said, no, but that while they werent' taken by himself, photos WERE taken that night of the car on John Street. he puts the number of photos taken at "hundreds"