Chapter 57
DaSilva rose to call the State’s next witness. “State calls to the stand Detective Roger Fowler.”
After the witness introduced himself and spelled his name for the record, DaSilva began his direct examination.
“Detective Fowler, where are you currently employed?” asked DaSilva.
“I’m currently employed at Illinois State Police Division of Criminal Investigation, specifically the Division of Forensic Sciences Unit. I’m an analyst and I work in our crime lab analyzing trace evidence. DNA, gunshot residue, fingerprints, and bloodstain pattern analysis.”
Fowler spent five minutes explaining his experience and other elements of his résumé to the members of the jury, then DaSilva turned to the judge. “Have you been qualified to testify regarding gunshot residue and trace evidence in this investigation?”
“Yes.”
“At this time, I would like to tender this witness as an expert in gunshot primer residue analysis,” DaSilva said.
“Any objections?” Lambert asked very matter-of-factly.
“Yes, Your Honor,” said Beau Lee, rising from the defense table. “Permission to voir dire the witness?”
The judge cut a look at Beau Lee. She made no attempt to hide her annoyance as Beau Lee walked to the podium.
“Not so fast, Mr. Cooper, you will have an opportunity to cross-examine the witness. There is no need for a voir dire at this time. This witness shall be tendered as an expert. You may continue, Mr. DaSilva.”
Beau Lee stood flat-footed, debating with himself whether to argue with the judge, but ultimately decided against it.
DaSilva seemed to rejoice as Beau Lee took his seat.
“What is gunshot residue, Detective Fowler?” asked DaSilva, directing his attention back to the witness.
Fowler cleared his throat and adopted a professorial tone.
“In layman’s terms, gunshot residue is a collection of particles that are released from a gun when it is fired.
But, the more academic definition that is generally accepted in our profession is gunshot primer residue, which are the microscopic particles that are released from a firearm when it is discharged.
Primarily, we’re looking for burned or molten particles that contain the big three chemical components commonly found in gunshot residue: lead, barium, and antimony. ”
“How do you test for gunshot primer residue?” DaSilva asked, shifting his weight at the podium and angling his body toward the jury to ensure they were paying attention.
“To test for gunshot primer residue, we would start by using a GSR, a gunshot residue collection kit,” Fowler said.
“That kit would include gloves, labels, and vials of adhesive lifts. We use the adhesive lifts and dab random areas of the surface we’re assessing: clothes; nearby objects; and body parts, like a person’s hands.
The adhesive will pick up particulate matter.
We then use our scanning electron microscope to see what particulate matter is on the adhesive. ”
“When those adhesives are analyzed under the microscope, what can you learn?” asked DaSilva.
“If large quantities of residue particles are shown from our testing, we can conclude that the person or object tested was in the vicinity of a firearm when it was discharged,” he said.
“What surfaces did you examine in this case?”
“We were tasked with evaluating several articles of Mr. Montrose’s clothing, including the shirt he was wearing, his pants, and his hands,” the detective responded.
“And when you placed those adhesive lifts from Mr. Montrose’s hands under the electron microscope scanner, what did they reveal?”
“We found that Mr. Montrose’s hands tested positive for gunshot primer residue.”
“And what did you conclude after completing your testing, Detective?”
“We concluded that Mr. Montrose had fired a gun, which is consistent with what we see on the video.”
“Objection! There is nothing in the video or any evidence that showed Mr. Montrose touching a gun!” Beau Lee shouted as he sprung from his seat.
“Overruled. The jury will have an opportunity to evaluate the video evidence, and I am sure you will cross-examine him on this issue,” said Lambert.
“Your Honor, I am opposed to his being allowed to make any misstatements of the evidence at any point of the trial.”
“I’ve made my ruling, Mr. Cooper. Mr. DaSilva, you may continue.”
Beau Lee could sense Alvarez stewing beside him.
“Detective Fowler, based on your years of experience and your qualifications as a forensic scientist and all of the evidence that you reviewed in this case, can you tell the jury what your expert scientific opinion is?” asked DaSilva.
“Based on the gunshot residue test that revealed a significant quantity of primer residue particles on his hands, it is evident that these particles are the result of the defendant’s firing his gun.”
“Thank you, Detective Fowler. I have no further questions at this time,” DaSilva concluded.