For those who have not seen it elsewhere - here is the ballistic evidence... such as it is --
11:50 a.m.: Judge David Reich calls a noon recess. The trial will resume at 1:10 p.m. - (NOTE - later evidence was on fibres - not ballistics)
11:48 a.m.: Re-cross-examination by defense attorney Luke Heck. Says, in reviewing a Luger manual, a specific fire control housing can be used in all LCR models. There are six LCR models.
11:40 a.m.: Re-direct by prosecuting attorney Gabrielle Joy Goter. Esposito says, when he searched the FBI database, he could only search on the 38 caliber class of bullets, he couldn’t narrow it down based on the class.
Esposito says, based on his examinations, he can’t exclude that the bullets were fired from the weapon he examined.
Says a 38 special bullet fired in a 357 weapon is a common scenario.
11:40 a.m.: The trial resumes.
11:39 a.m.: Judge David Reich calls for a one-minute stretch break.
11:04 a.m.: Cross-examination by defense attorney Jesse Walstad. Reviews Arnold Esposito’s reports.
Esposito restates he could not conclude the 8 RJR investigation bullets submitted to him for examination were fired from the same gun. Says the bullets could have been fired from more than one gun.
Witness Arnold Esposito
The FBI database search suggested numerous types of firearms that could handle the 38 caliber class of bullets he identified.
Says the database suggested 76 different firearms could have fired the victim bullets.
Says the 9 shell casings were consistent with the 38 caliber class. Says, after examination, the 9 shell casings could neither be included nor excluded as having been fired from the same firearm.
Defense attorney Jesse Walstad
Esposito says he is aware Ruger produces many weapons that use a common fire control like the one used in the LCR Ruger.
Says after examining the RJR gun frame, he could not conclusively state the weapon fired the RJR victim bullets.
Says he cannot say all the bullets were fired from the same gun, that the casings were from the same gun, that the bullets came from the casings, and that multiple weapons could have fired the 38 class of bullets he examined.
Says later he received a Taurus 9 millimeter Luger, the RJR bullets and shell casings for comparison testing. He did a test firing of the gun to collect two test bullets. Excluded the Taurus as the gun that could have fired the RJR bullets and casings.
Says he did not receive for testing additional firearms beyond the two he received.
10:26 a.m.: Continuation of direct examination of Arnold Esposito, Alcohol, Tobacco, Firearms and Explosives department firearms and toolmark examiner by prosecuting attorney Gabrielle Joy Goter.
Esposito says he examined 8 fired bullets in the RJR case. Says he completed a bullet worksheet for each bullet. Weighed each bullet, measured the diameter and noted the class characteristics of the bullet and the rifling impressions.
Class characteristics were in the 38 caliber family.
Esposito noted in his examination that all the bullets were hollow point design bullets. Two of the projectiles had some maroon-colored fibers in the hollow points.
He also compared the bullets to each other. He noted they all share the same class features, meaning the dimensions of the rifling impressions. This suggests they could have all been fired from the same firearm, but added there were insufficient marks to let him says conclusively all the bullets came from the same firearm.
Esposito measured the rifling impressions of the bullets. Matched that against an FBI database on rifling impressions of firearms around the world. This gave him a list of firearms that could have possibly fired the bullets: 38 caliber, 9 millimeter and 357 magnum could have fired those bullets. Types of firearms include are revolvers, derringers, some lever-action rifles and semiautomatic firearms.
Esposito recaps he examined the 8 fired bullets, they were in the 38 caliber class, that they could have been fired from the same weapon.
Esposito also examined 9 expended cartridge casings submitted to him for examination. The shell casings came from the Chad Isaak home seized during a search of the home.
Says he noted that they all shared the same caliber — 38 special — and they had the same manufacturer stamp. Looked at the firing pin impressions and other marks left on the casings by a firearm when it was fired. Says all the shell casings shared the same class characteristics.
Can’t conclusively say they were all fired from the same weapon. Says the fired bullets could have come from the same casings but couldn’t say definitively.
Says he also examined a box of commercial ammunition that contained 13 live cartridges. Says the bullets shared the same class, or design characteristics, of the fired bullets. He also noted the head stamp on the unfired bullets were the same as those on the shell casings he examined.
Says he also took one of the cartridges and safety removed the bottom of the bullet. All the characteristics of the unfired bullets had similar characteristics to the fired bullet.
A cannelure is a marking pressed into the diameter of the cartridge. Says the cannelure markings on the fired and unfired bullets shared the same class characteristics.
Also examined gun parts submitted to him for examination — a fire control housing and some firearm component parts. He tried to identify the manufacturer of the firearm frame. He noticed the grip had a Ruger firearm logo. He attended a recent Ruger firearm course recently and worked on a 38 caliber LCR Luger 28 special firearm, a revolver type firearm. He said the weapon he worked on in the course was similar to the weapons submitted to him for testing.
He said the bottom part of the submitted gun was missing the upper component which held the barrel and the revolving cylinder and the serial number. He said those are the parts he would use to match a fired bullet to the weapon.
Says the bullets and cartridges could be fired in a 39 special Ruger revolver.
Says he examined a second firearm submitted in the RJR case. Says it was a Taurus semiautomatic pistol, 9 millimeter caliber. This firearm was on the list of possible firearms matching the type of bullets that could be fired from the firearm.
Fired two test bullets from the gun and, under examination, concluded the bullet and cartridge case fired from the submitted gun were excluded from matching the RJR bullets and casings.
10:25 a.m.: The Chad Isaak trial resumes, Judge David Reich presiding
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more (earlier in day) follows. ....
