Day Two: "No officers were in Neon before photos taken"

Officer Facciolo says he was not at the scene and can not say how Car 57 - Lindsey's car, or the Neon was placed onto a flatbed truck for transport. He says he was told that no officer had entered the Dodge Neon prior to photographs being taken.

Taking a look at photos of the Neon's interior, the Defense is asking if the passenger's seat was more reclined than the driver's seat. Facciolo says that the passenger's seat seemed as far back as it could go.

Once the Neon was returned to the Utica Police Department, Defense asks if Rivera was placed into the vehicle to recreate what part of his body might have been visible, or if any recreation was done with someone in similar stature to Rivera. Facciolo says "not to my knowledge, no."