Defense asks about the items sent to the NYS Crime Lab. Defense asks why Sammy Rivera's leather jacket was an item NOT submitted to the Crime Lab while other items were.
Officer Facciolo says he doesn't know, that it was up to the investigators.
Defense asks if Facciolo had any personal knowledge of how the Dodge Neon got from John Street to UPD HEadquarters. He says the first time he saw the car was at UPD Headquarters.
In regards to Officer Lindsey's vehicle, Facciolo says he saw Car 57 - Lindsey's Police Patrol Car - but did not see the vehicle taken away from the Neilson Street area.
At the police station, Facciolo was not present when the cars had arrived. Facciolo says only the Neon, NOT Car 57, was sent to State Crime Lab.
Facciolo says he was the one in charge of sending items to the State Crime Lab, but that due to the volume of the materials being sent, he had assistance in this case.
"A decision was made or conveyed to you not to send Sammy Rivera's jacket to the State Police lab for testing?" Defense asked.
"That is correct," Officer Facciolo said.
The Officer says that SOME items were sent for fingerprints, but NO items were sent to the state crime lab for gunshot residue. The officer says that he is not sure that Rivera did not go to the bathroom, wash his hands, etc, before the testing for gunshot residue at UPD.
The Officer says that it IS possible to wash off residue from one's hands.
Officer Facciolo takes a look at the lab submission forms he sent out. Defense points out an "Item 23" on those forms - Sammy Rivera's boxer shorts, as well as "Item 36" - Shoelaces from Rivera.
Facciolo says these items were submitted on the 13th of April, 2007.
The leather jacket is brought up again and the fact that it was NOT submitted for any testing.
Prosecution objects, and the Judge overrules.
Officer Facciolo says that he is unaware whether Rivera was wearing jacket or not the night he was arrested.
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