Defense attorney Robert Blasier cross-examines LAPD criminalist Dennis Fung, focusing on three core attacks: that Fung spent roughly 40 hours on city time preparing with the plaintiffs' attorneys, that he falsely claimed at the grand jury to have personally collected evidence that was actually collected by inexperienced trainee Andrea Mazzola, and that no blood, shoe prints, cobwebs, dirt, or trace evidence was found along the 118-foot pathway where the glove was discovered. Fung repeatedly defended his use of 'I' to describe Mazzola's physical work by claiming he was describing the 'mental aspect' of collection, a distinction Blasier methodically dismantled using Fung's own grand jury testimony.
# 1 THE COURT: Cross-examine.
# 2 MR. BLASIER: Thank you, Your Honor.
CROSS-EXAMINATION BY MR. BLASIER:
# 3 Q: Good afternoon, Mr. Fung.
# 5 Q: How are you today?
# 7 Q: Mr. Fung, have you spent any time preparing for your testimony in this case?
# 9 Q: And since Mr. Simpson was acquitted in October of 1995, how much time would you say that you've spent on the Simpson case total; just an approximation?
# 11 Q: And of that 48 hours, how much of that time was spent at the behest of the plaintiffs' attorneys in the civil case?
# 12 A: Probably about 40.
# 13 Q: And of the 40 hours that you spent with the plaintiffs, can you -- can you break that down for me and tell me approximately how many times you've met with plaintiffs' attorneys or representatives of plaintiffs?
# 14 MR. LAMBERT: Objection. Misstates the evidence, "spent with the plaintiff," Your Honor.
# 15 MR. BLASIER: I thought I said plaintiffs' attorneys and plaintiffs' representatives.
# 16 THE COURT: Overruled.
# 17 DENNIS FUNG: I've spent about six -- six hours with the plaintiffs' attorneys.
# 18 Q: And of the other 34 hours, what was that devoted to?
# 19 A: Reading all that testimony, going through the transcripts.
# 20 Q: That was reading the nine days of your direct and cross-examination from the criminal trial?
# 22 Q: Now, did you do that on city time?
# 23 MR. LAMBERT: Objection. Irrelevant.
# 24 MR. BLASIER: Goes to bias.
# 25 THE COURT: Excuse me?
# 26 MR. BLASIER: Goes to bias.
# 27 THE COURT: Overruled.
# 28 DENNIS FUNG: I'm not sure how it's being worked out.
Yes, it was on city time.
# 29 Q: (BY MR. BLASIER) So you got approval, or someone apparently got approval to have you spend approximately 40 hours, on city time, working for the plaintiffs in this case, correct?
# 30 MR. LAMBERT: Objection. Argumentative, "working for."
# 31 THE COURT: Overruled. I'm not sure exactly how or what's been worked out, but I was doing it on city time.
# 32 Q: (BY MR. BLASIER) Are you keeping track of your billing so that you can bill the plaintiffs?
# 33 A: They told me to keep track of the hours that I worked on it, yes.
# 34 Q: Have you ever worked for plaintiffs on a civil case before other than the Simpson case?
# 35 A: Not to my recollection.
# 36 Q: Now, as of June 13, when you started working on this case, had you received any formal training at all on quantities of blood that are necessary to be collected for DNA testing?
# 38 Q: And what sort of training had you received?
# 39 A: We received -- I received a brief lecture on the amount needed for RFLP testing.
# 40 Q: One brief lecture?
# 42 Q: And what were you told was the amount needed for RFLP testing?
# 43 A: At this time, I was told they needed a quarter to a -- I think it was a dime-sized drop of blood to be collected.
# 44 Q: By the way, do you have a procedures manual within S.I.D. that tells you how you're supposed to collect evidence?
# 45 MR. LAMBERT: Objection. Beyond the scope, irrelevant.
# 46 THE COURT: Overruled.
# 47 DENNIS FUNG: I'm aware that one had been drafted but it is not an official document.
# 48 Q: (BY MR. BLASIER) Is that true since you started working for S.I.D. from 1986 or '84, excuse me?
# 50 Q: That there has been no procedures manual within S.I.D. that tell criminalists how to collect evidence?
# 51 A: There's no manual written, no.
# 52 Q: And as of your testimony in the criminal case, there was a manual in draft form, correct?
# 53 A: During the criminal trial, yes.
# 54 Q: And there's still a manual; it is only in draft form, correct?
# 56 Q: And you've never seen it?
# 57 A: I've seen it now, but I haven't read everything.
# 58 Q: When you were preparing for your testimony in the criminal case, did deputy District Attorney Hank Goldberg have to tell you what DNA was?
# 59 MR. LAMBERT: Objection. Irrelevant.
# 60 THE COURT: Sustained.
# 61 MR. BLASIER: Did you know what DNA was at the time you testified in the criminal case?
# 62 MR. LAMBERT: Objection. Irrelevant, argumentative.
# 63 THE COURT: Sustained.
# 64 Q: (BY MR. BLASIER) Mr. Fung, what is the procedure that is used to call a criminalist to a crime scene?
Would you describe that in general to me?
# 65 A: I can in general. What usually happens --
# 67 A: -- a detective will request that -- well, they'll call you up, detective headquarters division, and tell them that he needs a criminalist. They will go ahead and make notifications.
# 68 Q: And how, when that's done, generally isn't that done a soon as a crime scene is discovered?
# 69 A: I can't really speak from that end of the -- from that position cause I haven't been at the beginning of a crime scene.
# 70 Q: Were there any criminalists called to the Bundy crime scene between 12 o'clock at night on the 13th and 10 o'clock in the morning, to your knowledge?
# 72 Q: Is it standard practice for there to be a ten-hour delay between the time a crime scene is discovered and when a criminalist is called?
# 73 MR. LAMBERT: Objection. Irrelevant, beyond the scope.
# 74 THE COURT: Sustained.
# 75 MR. BLASIER: Isn't it important to you that you be called to a scene as soon as possible?
# 76 MR. LAMBERT: Objection. Irrelevant. Beyond the scope.
# 77 THE COURT: Overruled. It depends on the scene.
# 78 Q: (BY MR. BLASIER) Evidence can change at a crime scene, can it not?
# 80 Q: Biological evidence can change substantially, can't it?
# 81 A: Depending on the conditions, yes, it can.
# 82 Q: Hair and trace evidence can get moved all around, can't it?
# 83 A: Again, depending on the conditions. It would depend.
# 84 Q: There are changes that can occur to bodies, as well, in that period of ten hours, are there not?
# 85 MR. LAMBERT: Objection. Irrelevant, beyond the scope.
# 86 THE COURT: Sustained.
# 87 Q: (BY MR. BLASIER) Are you aware of any instance in any other case, other than this one where it took ten hours to have a criminalist called to a crime scene?
# 88 MR. LAMBERT: Objection. Irrelevant.
# 89 THE COURT: Sustained.
# 90 Q: And as of June 13 of 1994, how long had Andrea Mazzola been a criminalist?
# 91 MR. LAMBERT: Objection. Irrelevant.
# 92 THE COURT: Sustained.
# 93 MR. BLASIER: Your Honor, there's testimony about her working on this case.
# 94 THE COURT: Excuse me?
# 95 MR. BLASIER: There was testimony about her working on this case.
# 96 THE COURT: Why don't you ask her.
# 97 Q: (BY MR. BLASIER) Do you have that information, Mr. Fung?
# 98 MR. LAMBERT: Objection, Your Honor. Irrelevant.
# 99 THE COURT: Well, I think it is irrelevant. This is the wrong person to ask.
# 100 MR. BLASIER: He's the witness that's here, Your Honor.
# 101 Q: (BY MR. BLASIER) You were supervising, were you not?
# 103 Q: She was a beginner, wasn't she.
# 104 MR. LAMBERT: Objection. Argumentative.
# 105 THE COURT: Overruled.
# 106 DENNIS FUNG: She was a criminalist 1.
# 107 Q: (BY MR. BLASIER) It was only her third crime scene wasn't it?
# 108 MR. LAMBERT: Objection. Foundation.
# 109 THE COURT: Sustained.
# 110 Q: (BY MR. BLASIER) Are you aware of how many crime scenes she worked at prior to this one?
# 111 A: I'm not exactly sure of the number I knew -- I know it is less than ten.
# 112 Q: It is two, isn't it?
# 113 MR. LAMBERT: Objection. Foundation, argumentative?
# 114 THE COURT: Sustained.
# 115 Q: (BY MR. BLASIER) Andrea Mazzola was placed in charge of the crime scene at Bundy and Rockingham wasn't she?
# 116 A: She was initially listed as the officer in charge. However, when I found out the scope of the crime, I assumed the officer in charge position.
# 117 Q: At what time was that?
# 118 A: I don't know the exact time. It was somewhat into the crime scene at Rockingham.
# 119 Q: Before you went to Bundy?
# 121 Q: And when you say the scope of the case, what did you mean by that?
# 122 A: That it was a high profile case.
# 123 Q: High profile meaning what?
# 124 A: There was a celebrity involved.
# 125 Q: Was there any other reason why she was not kept in charge?
# 126 A: Not that can think of, no.
# 127 Q: Let me show you what's been previously marked as exhibit 202.
Do you recognize this document, Mr. Fung?
# 128 (The instrument herein referred to as crime scene checklist was marked for identification as Plaintiffs' Exhibit No. 202.) # 130 Q: What is that document?
# 131 A: That is a crime scene checklist?
# 132 Q: And tell us how that document gets generated?
# 133 A: Well, when a call gets made to a criminalist, they start filling it out and we fill out the blanks as we go along as we see the information become appropriate.
# 134 Q: Now Mr. Fung, isn't it correct that on that form, Andrea Mazzola is listed as the officer in charge?
# 136 Q: And she was actually the first one called to the scene, wasn't she?
# 137 A: The detective headquarters division did notify her.
# 138 Q: And were you dispatched to the Bundy scene first or the Rockingham scene?
# 139 A: We were requested to respond to the Rockingham scene first.
# 140 Q: You were never told to go to Bundy and then that order was changed to go to Rockingham instead, correct?
# 142 Q: Now, is it -- is it standard procedure at a crime scene to -- well, let me withdraw and ask it this way.
What is crime scene tape used for?
# 143 A: Crime scene tape is used to delineate or used to delineate the perimeters of a crime scene.
# 144 Q: All right. And is one of the main reasons for that is to keep people away from potential evidence?
# 145 A: That and it also helps the officers know what the parimeters of the crime scene are.
# 146 Q: And during your several visits to the Rockingham crime scene, both in the morning and in the afternoon, was there ever any crime scene tape put around the Bronco?
# 147 MR. LAMBERT: Objection. Irrelevant, beyond the scope.
# 148 THE COURT: Overruled.
# 149 DENNIS FUNG: Not to my knowledge.
# 150 Q: (BY MR. BLASIER) Mr. Fung, can you See that board okay?
# 152 Q: And that is -- what number is that?
# 154 Q: Now you arrived at the Rockingham scene at about what time?
# 155 A: I arrived at Rockingham at 7:10 in the morning.
# 156 Q: By the way, when did you first become aware that there was a celebrity involved in this case?
# 157 A: During the walk through, Detective Vannatter told me this was the residence of O.J. Simpson.
# 158 THE COURT: What are you doing?
MR. P. BAKER: Booking that. I didn't want to drip. (Laughter.)
# 159 MR. BLASIER: You indicated that that morning when you got there, that Detective Vannatter pointed out a blood stain on the Bronco?
# 161 Q: Didn't Detective Fuhrman point that out to you?
# 162 A: I believe it was Detective Vannatter.
# 163 Q: Detective Fuhrman was there, was he not?
# 165 Q: Did Detective Fuhrman ever point out any stains on the Bronco to you that morning?
# 166 A: I don't recall him pointing anything out. I do recall that he was there. But to the best of my recollection, it was Detective Vannatter that pointed out the glove.
# 167 Q: Now, you observed the blood spot near the door, correct?
# 168 A: The door of the --
# 170 A: -- Bronco. It was on the handle of the Bronco, yes.
# 171 Q: Did you collect that?
# 172 A: I was present during the collection and participated in phases of it, yes.
# 173 Q: You testified on direct that you collected that. Did you prepare the Swatch on that?
# 174 A: The actual manipulation of the tweezers was done by Ms. Mazzola. However, collection involves identification, measuring and documentation. So I was -- I did collect the stain and we were working as a team also.
# 175 Q: We have a picture also on the television.
# 176 MR. BLASIER: Which is that, Phil?
MR. P. BAKER: 108.
# 177 Q: (BY MR. BLASIER) Is that a picture of you pointing out a spot on the door of the Bronco?
# 179 Q: Were there any pictures of Andrea Mazzola pointing out a spot, that spot or doing any work on it?
# 180 MR. LAMBERT: Objection. Irrelevant.
# 181 THE COURT: Sustained.
# 182 Q: (BY MR. BLASIER) Now, you testified about how blood drops -- I think you described it as a trail going from the Bronco to the residence, correct?
# 184 Q: You have no way of knowing what direction -- if it is indeed a trail -- that it is going, whether it is going from the residence to the Bronco or the other way around, do you?
# 185 A: Well, there is one spot that does have directionality to it.
# 186 Q: What spot is that?
# 187 A: That is item number 7 and that's the far right bottom picture. You can see some trailing there.
# 188 Q: Any other item have any directionality to it?
# 189 A: I wouldn't call any directionality to any of the others.
# 190 Q: You have no way of knowing whether the other drops -- whether the other drops got there vis-a-vis drop number 7 or any of the other drops, do you?
# 191 A: I can tell that they were all fresh drops and -- but as far as minute -- a minute-to-minute thing, no.
# 192 Q: When you say fresh drops, you're saying that because of what?
# 193 A: Their appearance.
# 194 Q: And their appearance is what? What tells you that they're fresh?
# 195 A: They were red and slightly tacky.
# 196 Q: Okay. Why don't you step down here for a second look at the picture on the bottom right, which has the card number C on it.
What is that -- does that picture represent?
# 197 A: That represents another drop of -- well, it is a red stain that was tested presumptively above positive with phenolphthalein.
# 198 Q: And is that the only apparent blood in that picture?
# 200 Q: Okay. This item up here to the left of the C, that's not blood; is it?
# 201 A: I don't recall if it is or not.
# 202 Q: If you had seen blood, what you thought was blood right next to C, you would have marked that, would you not?
# 203 A: If it was in that very close proximity, I may or may not, depending on the type of scene it was. At that scene, I could very well have marked both those stains C.
# 204 Q: Did you ever make any notation, in any document whatsoever that C stands for two stains rather than one stain?
# 206 Q: You would never make an assessment it was blood just based on looking at a picture, would you?
# 207 MR. LAMBERT: Objection. Irrelevant, Your Honor.
# 208 THE COURT: Overruled. What's that board?
# 209 MR. PETROCELLI: 155.
# 210 THE COURT: Okay. Thank you.
# 211 DENNIS FUNG: I wouldn't. I would rather have it tested.
# 212 Q: (BY MR. BLASIER) Now, Mr. Fung, the red dots on the chart up here, are those the approximate locations of the drops that you identified?
# 213 A: The most approximate drops, yes.
# 214 Q: Did you find any drops of a parent blood between this one, which is -- you do know which number this one is, 6?
# 215 A: Let me check my notes.
# 217 (Indicating to diagram 155.) # 218 Q: (BY MR. BLASIER) And the garage area on the south side of the house?
# 219 A: There was a stain that we found positive for with phenolphythalein on a prior on the south side of the house.
# 220 Q: Well, I'm talking about on the ground back here.
# 221 A: No, not on the ground.
# 222 Q: You would never testify that something was blood just based on a phenolphthalein test, would you?
# 223 A: I would say that it was presumptively positive.
# 224 Q: Tell me all -- I'm sorry. Were you done?
# 226 Q: Tell me all the things that give a presumptive positive reading that aren't blood with a phenolphthalein test?
# 227 A: There are items that have vegetable peroxidase in them that are reported in the literature to give positive, false positives. And there are certain chemicals known as oxidizers that will give false positives to other types of presumptive tests.
# 228 Q: There are oxidizing agents that also give a false positive, correct?
# 229 A: Are we speaking in terms of the two-step phenolphthalein hydroperoxidase?
# 230 Q: I'm talking about the phenolphthalein test, correct?
# 231 A: I believe that in the two-step phenolphthalein test only vegetable peroxidase give a false positive with addition of hydrogen peroxide. The chemical oxidizers will turn the phenolphthalein pink before the addition of hydrogen peroxide.
# 232 Q: What Sort of vegetable materials are you talking about that will give a false positive?
# 233 A: Vegetable peroxidase, that's an enzyme I believe contained within vegetable or plant material. Some of them include apple, beet root . . .
# 234 Q: Apricots, black berries, artichokes, potatoes, turnips, cabbage; all of those can give you positive phenolphthalein tests, can't they?
# 235 A: They -- I'm not sure about all of them, but many of those on the list do sound familiar.
# 236 Q: None of those are blood, are they?
# 237 A: None of them have the initial appearance of blood.
# 240 Q: When you do a positive, when you do a test, you collect a blood stain before, to run confirmatory testing after you've done a phenolphthalein test, correct?
# 241 A: I'm sorry. Can you repeat that?
# 242 Q: Yeah. You don't make an assessment that something is blood just based on a presumptive test alone, do you?
# 243 A: I don't know. I mean, no, I don't.
# 244 Q: And what you do is, you collect it and you take it back to the lab and you do what's called confirmatory testing. And if it is blood, you can determine that back there, correct?
# 245 A: Well, it is done by somebody else but, yes.
# 246 Q: Okay. You never collected -- well, let me strike that.
Now, Mr. Fung, this is an overview of Rockingham that contains more information than the one we looked at?
# 248 Q: This is number --
MR. P. BAKER: I believe it is 145.
# 250 Q: (BY MR. BLASIER) Can you tell me the distance from the air conditioner indicated here opposite Mr. Kaelin's room and the gate along Rockingham?
# 251 A: From the air conditioner to the gate?
# 253 A: I can give you an approximate distance.
# 255 (Witness reviews documents in notebook.) # 256 Q: (BY MR. BLASIER) Let me show you something that might help: Exhibit 905. Well, you're looking at the same thing.
# 257 A: Yeah. But it doesn't have the air conditioner on it.
# 258 Q: Well, would you agree that it appears to be approximately 250 feet from the gate to the air conditioner?
# 259 A: Somewhere between 250 and 220.
# 260 Q: Okay. By the way, isn't one of your jobs to measure distances such as that?
# 261 A: It is my job to measure distances relative to the evidence I collect.
# 262 Q: Okay. And did you take any measurement from the area where the glove was found?
# 263 A: I measured the distance from the west wall of the garage to the glove.
# 264 Q: Okay. Why don't you tell us what that distance is?
# 265 A: The distance was measured as 118 feet east of the west wall of the garage.
# 266 Q: So that would be indicated in this corner, where my pen is?
# 268 Q: The lower left corner of the garage as it appears on the diagram?
# 269 A: It would be from this point here.
# 270 Q: Okay. 119 feet you say?
# 272 Q: 118 feet.
Now, did you find a single blood drop or single drop that was collected and determined to be blood anywhere along this pathway?
# 276 Q: Did you find any drop along here anywhere that was tested and confirmed to be blood?
# 278 Q: Did you find any tissue samples on the air conditioner?
# 280 Q: Did you find any shoe prints or shoe imprints in blood along this entire 119 feet?
# 281 A: I could not detect any.
# 282 Q: Did you find any shoe impressions that appear to be in blood anywhere outside of Rockingham in the driveway area?
# 284 Q: Did you find any evidence whatsoever indicating that anyone climbed over the fence from the air conditioner to the front gate?
# 286 Q: When you found that glove back there, it didn't have any dirt on it at all, did it?
# 287 A: I did not examine the glove that closely.
# 288 Q: Well, when you collect evidence, you try to preserve evidence that might be attached to a piece of evidence like a glove, don't you?
# 290 Q: And did you observe any dirt on that glove?
# 291 A: I didn't observe any and I didn't look for any.
# 292 Q: There weren't any cobwebs on it either, were there?
# 294 Q: No evidence of any kind of insect activity, was there?
# 295 A: I don't remember any.
# 296 Q: There was no evidence of any hair and fiber that you collected anywhere from the gate area back to the air conditioner; is that correct?
# 297 A: There -- Well, excluding the glove?
# 298 Q: Excluding the glove.
# 299 A: I did not find any or I did not collect any hair and fiber evidence from that -- that area that was described by you.
# 300 Q: By the way, animal blood gives you a positive phenolphthalein, doesn't it?
# 302 Q: Such as from a dog? If you tested it from a dog, you'd get a positive phenolphthalein test?
# 304 Q: Now, it is accurate, is it not, that there is a door that goes into the house at Rockingham along the side of this garage, correct?
# 306 Q: And is it also accurate that there is a second door into the residence and the area I'm indicating, just behind the garage that goes into a laundry room area, correct?
# 307 A: I don't recall that door. I don't dispute it, but I don't recall if there is or not.
# 308 Q: There isn't a single door into the Rockingham house from the air conditioner to the right, is there?
# 309 A: No, there is not.
# 310 Q: By the way, there is also a -- it is not depicted in that diagram, but there is a rather large tree on the corner of the garage right where I'm pointing, is there not? Do you remember that?
# 311 A: I don't remember that.
# 312 Q: Do you remember a second large tree just past the first one?
# 313 A: I know there were trees, but I don't know the exact position. I don't remember the exact positions.
# 314 Q: It was a relatively tight squeeze to get around this corner, is it not? You have to duck, must be short like me to get under those trees, right?
# 315 A: I remember it was tight in some positions.
# 316 Q: Now, is it considered to be a good technique to conduct phenolphthalein testing on items in the field that can be collected and taken back to the lab?
# 317 MR. LAMBERT: Objection. Irrelevant, Your Honor.
# 318 THE COURT: Sustained.
# 319 Q: (BY MR. BLASIER) You did a phenolphthalein test on that group while you were at the scene?
# 321 Q: Doing a phenolphthalein test actually dries some of the potential evidence, does is it not?
# 322 A: Not if it is done in a careful manner.
# 323 Q: Well, the spot on the Bronco door, that was ruined for any further testing because of the phenolphthalein test, was it not?
# 324 MR. LAMBERT: Objection. Argumentative, assumes facts not in evidence.
# 325 THE COURT: Overruled.
# 326 DENNIS FUNG: I don't believe it was ruined. It started out at as a very light spot and we collected what was there.
# 327 Q: (BY MR. BLASIER) Do you know whether anyone was ever able to type that at all beyond your phenolphthalein test?
# 328 MR. LAMBERT: Objection. No foundation.
# 329 MR. BLASIER: Do you know?
# 330 THE COURT: Overruled.
You may answer.
# 331 DENNIS FUNG: I am not aware of any further testing done on item No. 1.
# 332 Q: (BY MR. BLASIER) Now, is it an acceptable procedure in your mind to do a phenolphthalein test on a piece of evidence like the glove that is going to be collected and taken back to the lab at the scene.
# 333 MR. LAMBERT: Objection. Irrelevant.
# 334 THE COURT: As posed, sustained.
# 335 Q: (BY MR. BLASIER) Detective Vannatter told you to do that test, didn't he?
# 336 MR. LAMBERT: Objection.
# 337 DENNIS FUNG: He asked that I perform that test, yes.
# 338 Q: You didn't want to do that test, did you?
# 339 MR. LAMBERT: Objection. Argumentative.
# 340 THE COURT: Overruled.
# 341 DENNIS FUNG: It was important to him at that point in the investigation, so I did perform that test for him.
KEY QUOTE # 342 MR. BLASIER: Move to strike as nonresponsive.
# 343 THE COURT: Sustained.
# 344 Q: (BY MR. BLASIER) You didn't want to do that test, did you?
# 345 A: I had -- I had no problem doing that test.
# 346 Q: You knew it was bad technique to do that test, didn't you?
# 347 MR. LAMBERT: Objection. Irrelevant.
# 348 THE COURT: Sustained.
# 349 Q: (BY MR. BLASIER) You refused to do a phenolphthalein test on the knit cap at Bundy for that same reason.
# 350 MR. LAMBERT: Objection. Argumentative and irrelevant.
# 351 THE COURT: Sustained.
# 352 Q: (BY MR. BLASIER) Did you do a phenolphthalein test on the knit cap at Bundy itself?
# 353 A: I was never asked to.
# 354 Q: You were never asked to?
When you manipulate evidence at a crime scene, you can lose trace evidence, can you not?
# 355 A: It is possible to.
# 356 Q: And you try to leave items of physical evidence that you're going to collect undisturbed, if possible so that you don't disturb trace evidence, correct?
# 357 A: When -- when? Yes. That is the preferable method.
# 358 Q: And anytime you do something like a phenolphthalein test on a piece of evidence, you have to manipulate it, don't you?
# 359 A: If it is done carefully, I don't, sometimes; or if it is done carefully, the damage to the evidence will be minimal.
# 360 Q: When you manipulate evidence at a crime scene valuable trace evidence can be lost; isn't that correct.
# 361 MR. LAMBERT: Objection. Irrelevant.
# 362 THE COURT: Overruled.
# 363 DENNIS FUNG: It is possible for it to be lost. However, if it is done carefully, evidence isn't lost.
# 364 Q: Anytime you touch a piece of physical evidence at the scene, you can also transfer evidence from the piece of evidence for your hand or your glove, can't you?
# 365 MR. LAMBERT: Objection. Irrelevant, assumes facts not in evidence, calls for speculation.
# 366 THE COURT: Sustained.
# 367 Q: (BY MR. BLASIER) Were you wearing gloves when you collected the glove?
# 368 A: I don't recall if I was or not.
# 369 Q: By the way, which part of the glove did you handle to do the phenolphthalein test?
# 370 A: There was a -- I didn't actually handle the glove. I would have used a cotton applicator to touch the glove with the -- With a wet cotton swab and then tested the cotton swab.
# 371 Q: In what area of the glove do you remember?
# 372 A: Whatever was facing up and had the red stain on it.
# 373 Q: Do you know whether you were wearing gloves at time that the drops on the driveway were collected?
# 374 A: I know Ms. Mazzola was.
# 375 Q: Now, you didn't collect any of those drops, did you?
# 376 A: As I had described before, the collection process involves many steps, and I was involved in the collection of those blood stains.
# 377 Q: Do you remember, you testified at a grand jury here in this case, did you not?
# 379 Q: And that was right after -- it was before the preliminary hearing, was it not?
# 381 Q: It was very close in time to when you processed the crime scene, was it not?
# 383 Q: It was in -- I believe early July, correct, of '94?
# 384 A: Somewhere in there, yes.
# 385 Q: Do you remember being asked questions regarding the spot on the Bronco door?
# 387 Q: And do you remember testifying at the grand jury hearing that you recovered them in the manner described and that is the procedure you described to us?
# 388 A: I did say that I collected them because Ms. Mazzola and I were working as a team.
# 389 Q: But you said that you did that work, correct?
# 390 A: In my mind, when we were working as a team, I did it. I was in charge of her. I was in charge of her and she acted under my direction.
# 391 Q: She collected all the Bundy drops, didn't she?
# 392 MR. LAMBERT: Objection. Irrelevant, Your Honor.
# 393 THE COURT: Overruled.
# 394 DENNIS FUNG: She collected most of the Bundy drops. However, I did collect some of them myself.
# 395 Q: (BY MR. BLASIER) Do you remember being asked this question at the grand jury hearing.
"Q. Did you attempt to retrieve and preserve the blood found in those blood drops referring to Bundy?
"A. Yes, I did.
"Q. What did you do?
"A. I transfered the blood drops onto cloth squares or cloth swatches."
Do You remember testifying that way, Mr.'Fung?
# 397 Q: That wasn't true, was it?
# 398 A: I was answering the questions from a position of what was done and not of a position of who did what.
# 399 Q: You were asked what did you do, Mr. Fung, correct?
# 401 Q: You said, "I transferred the blood onto cloth squares," didn't you?
# 403 Q: That wasn't true, was it?
# 404 A: Because we were working as a team and she was working under my direction, I don't see that as being a lie.
KEY QUOTE # 405 Q: You never mentioned Andrea Mazzola once during the grand jury proceedings, did you?
# 406 MR. LAMBERT: Objection. Irrelevant. Beyond the scope.
# 407 THE COURT: Sustained.
# 408 Q: (BY MR. BLASIER) You were attempting to minimize Angela Mazzola's involvement in the processing of this crime scene because she was so inexperienced; isn't that correct?
# 409 MR. LAMBERT: Same objection and argumentative.
# 410 THE COURT: Sustained.
# 411 MR. BAKER: Which ground, Your Honor?
# 413 MR. BLASIER: Mr. Fung, do you remember testifying that when you're involved in the mental aspect of the crime scene investigation, then you use the word "I" to describe what somebody else might have done?
# 414 MR. LAMBERT: Same objections, Your Honor.
# 415 THE COURT: Overruled.
# 416 MR. LAMBERT: Could I get the page and line evidence reference?
# 417 MR. BLASIER: 22937, line 1.
# 418 Q: (BY MR. BLASIER) Do you remember that testimony?
# 419 A: Can you repeat that?
# 420 Q: Let me read the question. (Reading:)
"Q. If you were to divide the work up of a criminalist into the mental component of deciding what to collect, what not to collect in the discretionary type decisions and then a physical component of actually collecting which component were you involved in do you believe primarily.
"A. Primarily I was involved with the mental aspect of the crime scene investigation."
Remember that testimony?
# 422 Q: And that's your basis for using the term "I" when you're asked when you did something or not; is that correct?
# 423 A: That's one of the bases, yeah.
# 424 Q: By the way, when we talk about hair and fiber evidence, tell us what that is.
# 425 A: Hair and fiber evidence is, or it can be hair that is left at a crime scene or fibers that are left at a crime scene.
# 426 Q: Fiber from something like a carpet or a piece of clothing or any -- Any item that is made out of cloth, for instance, correct?
# 428 Q: Or synthetic material?
# 430 Q: And isn't it true, Mr. Fung, that where you have a scene like the Bundy scene, where Mr. Simpson was a frequent visitor, the presence of hair and fiber that might be consistent with him is not unusual; isn't that correct?
# 431 MR. LAMBERT: Objection. Assumes facts not in evidence, calls for speculation.
# 432 THE COURT: Sustained.
# 433 Q: (BY MR. BLASIER) Let me ask you hypothetically, Mr. Fung; isn't it true that where you have a crime scene that is frequented by a particular person, it is not unusual to find hair or fiber that's consistent with that person at that crime scene, correct.
# 434 MR. LAMBERT: Outside the scope, assumes facts not in evidence, speculation.
# 435 THE COURT: Sustained. You may call him as your own witness when your turn comes.
# 436 MR. BLASIER: We'll do that, Your Honor
# 437 Q: (BY MR. BLASIER) Who was in charge of the crime scene at Bundy?
# 438 A: The officer in charge.
# 439 Q: Who was in charge of processing the crime scene?
# 440 THE COURT: Sustain my own objection as being vague.
# 441 Q: (BY MR. BLASIER) What was your function at Bundy?
# 442 A: I was in charge of collecting evidence.
# 443 Q: Okay. Are you the one that was in charge of deciding what evidence should be collected?
# 444 A: Yes, ultimately.
# 445 Q: And you were in charge of deciding where evidence was located, correct?
# 447 Q: You were in charge of conducting searches of the area to find all relevant evidence, correct?
# 448 A: My search was directed towards the cage area and the walkway north of the residence.
# 449 Q: I move to strike as nonresponsive, Your Honor.
# 450 THE COURT: Overruled.
# 451 Q: (BY MR. BLASIER) Tell us what your responsibility was again?
# 452 A: My search was directed towards the caged area of the Bundy location and the walkway north of it, extending into the driveway area.
# 454 MR. BLASIER: We're going to have a board put up here in a second.
# 455 THE COURT: Okay. Let's take a ten minute recess, ladies and gentlemen. Don't talk about the case; don't form or express any opinions.