Defense attorney Robert Blasier continues cross-examining LAPD criminalist Dennis Fung, methodically attacking his evidence collection practices at both the Bundy and Rockingham crime scenes. Blasier exposed that Fung left documentation columns blank, allowed his untrained subordinate Andrea Mazzola to do most of the physical collection work, failed to collect all available blood samples, and made an erasure on a key evidence log when attempting to change a numbering inconsistency — admitting he feared being accused of altering documents. The examination also challenged the chain of custody for the Bundy glove (shown in multiple positions in photos and video) and surfaced location discrepancies in two different Rockingham notes about where the socks were found.
# 1 (Jurors resume their respective seats.) # 2 (The following proceedings were held in open court, in the presence of the jury.) # 3 THE COURT: Morning, ladies and gentlemen.
# 5 THE COURT: We had one of those mornings, so I apologize for a late start.
# 6 THE CLERK: Sir, you're still under oath.
Would you state your name again for the record.
# 7 DENNIS FUNG: My name is Dennis Fung, D-E-N-N-I-S, F-U-N-G.
DENNIS FUNG, the witness on the stand at the time of adjournment of Monday, November 4, 1996, having been previously duly sworn, was examined and testified further as follows:
CROSS-EXAMINATION (Continued) BY MR. BLASIER:
# 8 Q: Morning, Mr. Fung.
Now, Mr. Fung, what time was it that you arrived at Bundy?
# 9 A: Referring to my notes, I arrived at Bundy at approximately 10:15 in the morning.
# 10 Q: Now, would you agree it was your responsibility to completely document, collect, and receive the physical evidence at Bundy?
# 11 A: It was my responsibility to document and collect the evidence that I collected at Bundy.
# 12 Q: Was there anybody else collecting evidence at Bundy?
# 13 A: No. Myself and Ms. Mazzola were the ones who were collecting the items of evidence away from the body.
# 14 Q: Who was in charge of collecting items of evidence near the body?
# 15 A: Near the bodies would have been our responsibility, also.
# 16 Q: So you had the responsibility of collecting all the evidence at the Bundy crime scene, correct?
# 17 A: Well, the evidence on the body and the body itself are the jurisdiction of the coroner.
# 18 Q: Okay. It is correct, crime scene processing procedure, is it not, to fully process, identify, photograph, document each piece of evidence before it's collected? Correct?
# 19 MR. LAMBERT: Objection irrelevant.
# 20 THE COURT: Overruled.
# 21 DENNIS FUNG: Can you repeat that?
# 22 Q: It is correct evidence collection procedure, to document each item of evidence before it is moved or collected? Correct?
# 23 A: That's the best -- when it's possible, that's the best way to do it, yes.
# 24 Q: An the goal is to try and preserve the crime scene as close as possible to the way it was at the time of the crime, correct?
# 25 A: As things are changed, if they're documented, it would be permissible to move things.
I mean, if you have to move things and you document that they are moved, then you -- it's permissible?
# 26 MR. BLASIER: I move to strike the answer as nonresponsive.
# 28 Q: (BY MR. BLASIER) Don't you try to keep the crime scene the same way it was when you -- it was found, Mr. Fung, so you can document everything in its original position?
# 29 MR. LAMBERT: Objection. Irrelevant and beyond the scope, Your Honor.
# 30 THE COURT: I'll allow it, but start moving; otherwise, I'm going to sustain it.
# 31 Q: (BY MR. BLASIER) Do you understand the question, Mr. Fung?
# 32 A: I'm not exactly sure what you're getting at.
# 33 Q: Let me ask it this way: There was a substantial amount of evidence in the immediate vicinity of the bodies, was there not?
# 35 Q: When you got there at 10:00 or 10:15 in the morning, the coroner's office was already there, in the process of moving the bodies?
# 37 MR. LAMBERT: Objection. Relevance, beyond the scope.
# 38 THE COURT: Overruled.
# 39 Q: (BY MR. BLASIER) Does that concern you, that the bodies were being moved before you had a chance to document the evidence around the bodies?
# 40 MR. LAMBERT: Same objection.
# 41 THE COURT: Sustained.
# 42 Q: Did you discuss with Detective Lange that that was a bad practice, to move the bodies before you had a chance to document the crime scene?
# 43 MR. LAMBERT: Same objection.
# 44 THE COURT: Sustained.
# 45 Q: (BY MR. BLASIER) Mr. Fung, let me show you what's been previously marked as 101.
Why don't you tell me what that is, Mr. Fung.
# 46 A: That is a photograph depicting a glove and a card next to it with the number 102.
# 47 Q: And that is a card that you or Andrea Mazzola put next to the glove prior to collecting it, correct?
# 49 MR. BLASIER: Let me show you what's been marked as 40.
# 50 (Referring to Exhibit 40.) # 51 Q: (BY MR. BLASIER) You recognize the picture of Detective Fuhrman pointing at the glove?
# 52 A: I do recognize that as the glove being in the relatively same position.
# 53 Q: Well, "relatively?"
It's in a different position, isn't it. Mr. Fung?
# 54 MR. LAMBERT: Objection. Calls for conclusion; lack of foundation.
# 55 THE COURT: You may examine, see whether or not it's in the same or different position.
# 56 Q: (BY MR. BLASIER) The position has been altered, hasn't it?
# 57 MR. LAMBERT: Objection. Calls for conclusion; lacks foundation.
# 58 THE COURT: Sustained.
# 59 Q: (BY MR. BLASIER) You never saw the glove when it was in the first position in Exhibit 40, did you?
# 60 A: I only saw the glove in the position in photo -- I guess it's Exhibit 101.
# 61 Q: And were you able to document at all at the scene how that glove got moved?
# 62 MR. LAMBERT: Objection. Lack of foundation.
# 63 THE COURT: Overruled.
# 64 DENNIS FUNG: I was not aware that it was moved.
# 65 Q: (BY MR. BLASIER) Okay.
So you have no way of knowing whether it was picked up, taken someplace, and placed back in that position, do you?
# 66 MR. LAMBERT: Objection. Assumes facts not in evidence.
# 67 THE COURT: Sustained.
# 68 Q: (BY MR. BLASIER) Let me show you what's been marked as People's 1 -- I'm sorry -- Exhibit 103. That's a picture of the envelope with the tag 104 next to it that was placed there by you or Andrea Mazzola just prior to collection, correct?
# 70 Q: Let me show you 90.
That's the envelope in a different position, isn't it, Mr. Fung?
# 71 A: It appears to be in a different position.
# 72 Q: You can tell because of the grout line that the envelope has been altered, hasn't it?
# 73 MR. LAMBERT: Objection. Assumes facts not in evidence; calls for speculation.
# 74 THE COURT: Sustained.
# 75 MR. BLASIER: Did you make any inquiries at the scene about whether you were collecting evidence -- about whether the scene had been altered?
# 76 MR. LAMBERT: Objection. Irrelevant, Your Honor.
# 77 THE COURT: Sustained.
# 78 Q: (BY MR. BLASIER) Are you familiar with a term, "a close-in crime scene?"
# 79 A: I've heard it during the criminal trial, but I had never heard of that term before that.
# 80 Q: You familiar with a technique of collecting evidence in a close-in crime scene, where you do not disturb the bodies before you have a chance to document the evidence around the bodies?
# 81 MR. LAMBERT: Objection. Irrelevant; beyond the scope.
# 82 THE COURT: Sustained.
# 83 Q: (BY MR. BLASIER) Now, you did what's called a stride analysis, pertaining to the Bundy drops, did you not?
# 84 A: Pertaining to the shoe prints, yes.
# 85 Q: The shoe prints. And that's a way of measuring the distance between the shoe prints to determine whether somebody -- the person who left the shoe prints is running or walking, correct?
# 87 Q: And you determined that whoever left those shoe prints was not running, correct?
# 89 Q: Now, with respect to the Bundy drops and each of those swatches that you use for a drop, it is just a small piece of cotton; it is not a cloth?
# 90 A: They vary in size, but they're probably usually smaller than the size of your fingernail.
# 91 Q: And they don't have any kind of marking on them that allows to you distinguish one from the other, do they?
# 93 Q: Once you use them to collect a blood stain, you can't tell one from any other one, can you?
# 94 A: No. That's why we take great care in labeling each item of evidence as we go along.
# 95 Q: You take great care at labeling each item of evidence so that you can track it later?
# 96 A: What do you mean "track?"
# 97 Q: To determine whether it's been tampered with or not later.
# 98 MR. LAMBERT: Objection. Assumes facts not in evidence.
# 99 THE COURT: Sustained.
# 100 Q: (BY MR. BLASIER) To determine whether it's been altered later?
# 101 MR. LAMBERT: Same objection.
# 102 THE COURT: You may answer.
# 103 DENNIS FUNG: The evidence is kept in a secure location and it's kept in a locked facility. So I wouldn't -- there's never been any type of altering that I'm aware of, so I don't count the swatches, no.
# 104 Q: Mr. Fung, you don't count the swatches, the number of swatches that you take per drop, do you?
# 106 Q: You do not diagram them so that you can recognize them at some later time, to make sure what's in the bindle later is what you put into it originally, do you?
# 107 MR. LAMBERT: Objection. Irrelevant; assumes facts not in evidence; beyond the scope.
# 108 THE COURT: Overruled.
# 109 Q: (BY MR. BLASIER) You don't do that either, do you?
# 111 Q: You don't photograph them, do you?
# 113 Q: Now, the swatches that you made -- incidentally, did you try to collect all of the blood in each of the drops at Bundy?
# 114 A: I collected a representative sample from the drops and tried to collect as much as -- as possible.
# 115 Q: My question is, did you collect all of the blood from the drops at Bundy?
# 116 A: Not completely, no.
# 117 Q: How did you determine when to stop?
# 118 A: When several cloth swatches were dampened -- or reddened by the stain, then, and it appeared that by putting more swatches on the stain, nothing would come up, or very little would come up, we stopped.
# 119 Q: So, you swatch it until you can no longer get any more blood off the surface?
# 120 A: But there's still always going to be residual.
# 121 Q: You try to get up as much as is there, correct?
# 122 A: Well, at the Bundy scene, yeah.
# 123 Q: That's because you can't tell how much you might need for DNA testing, correct, just by looking at it?
# 124 A: Just by looking at it, no.
# 125 Q: Now, the swatches that -- incidentally, you indicated that you realized it was a mistake when you were -- when you were at Rockingham, to have Andrea Mazzola in charge of processing the crime scene, correct?
# 126 MR. LAMBERT: Objection. Misstates the evidence. Assumes facts not in evidence.
# 127 THE COURT: Sustained.
# 128 Q: (BY MR. BLASIER) Let me show you part of 212 -- actually, let me show you all of 212 now.
# 129 MR. PETROCELLI: Is 212 all one exhibit?
# 130 MR. BLASIER: Intended.
# 131 MR. PETROCELLI: What do you mean, intended? Is it on the joint trial statement as one exhibit?
# 132 MR. BLASIER: We'll give it another number.
# 133 MR. PETROCELLI: This is not 21 on the joint trial statement.
# 134 MR. PETROCELLI: We'll give it a new number.
# 136 MR. PETROCELLI: This is a collection of documents.
Let me show you 2135, Mr. Fung.
Are those your original crime-scene notes from the work you did at Rockingham at 7 o'clock -- starting at 7:15 in the morning?
# 137 (The instrument herein referred to as Dennis Fung's original Rockingham crime-scene notes was marked for identification as Defendants' Exhibit No. 2135.) # 138 (Witness reviews documents.) # 139 DENNIS FUNG: This appears to be some of them, not all of them.
# 140 Q: Those are -- all the documents that are contained in that packet, however, are from the work that you did at Rockingham, correct?
# 141 A: Yes, but it's not complete.
# 142 Q: Now, who made out these documents?
# 143 A: Those were primarily filled out by criminalist Mazzola.
# 144 Q: And this is the document -- the front page of this document is the one that lists Mazzola as the officer in charge, correct?
# 146 Q: Is it correct procedure to write these notes in pencil?
# 147 MR. LAMBERT: Objection. Irrelevant.
# 148 THE COURT: Sustained.
# 149 Q: (BY MR. BLASIER) These are all written in pencil, are they not.
# 150 MR. LAMBERT: Objection. Irrelevant.
# 151 THE COURT: You may answer.
# 152 DENNIS FUNG: Yes, they are.
# 153 Q: (BY MR. BLASIER) Now, at some point you made the decision that Andrea Mazzola should not be the officer in charge, correct?
# 154 MR. LAMBERT: Objection. Asked and answered yesterday.
# 155 THE COURT: Sustained. That was yesterday.
# 156 Q: (BY MR. BLASIER) All right. Did you make any efforts to correct the paperwork to show that she was not the officer in charge?
# 157 MR. LAMBERT: Objection. Irrelevant.
# 158 THE COURT: Sustained.
# 159 Q: (BY MR. BLASIER) Mr. Fung, of the blood, how many blood stains did you collect from Bundy?
# 161 Q: On the morning of the 13th.
# 162 (Witness reviews document in notebook.) # 163 A: Let me recount.
Fourteen.
# 164 Q: How many of those were actually collected, swatched by Andrea Mazzola?
# 165 A: I don't recall the exact number.
# 166 Q: Most of them, correct?
# 167 A: Most of them, probably, yes.
# 168 Q: And how many stains did you collect at Rockingham on the 13th?
# 169 A: Inside and outside?
# 171 (Witness reviews document.) # 172 A: I believe eight.
# 173 Q: How many of those did she collect, as opposed to you?
# 174 A: Again, I don't know the exact number, but she primarily did most of the swatching.
# 175 Q: And the crime-scene notes at Rockingham, she wrote these, as well?
# 177 Q: Did you, at any point in time when you changed her responsibilities as not being the officer in charge, did you actually change anything that she was assigned to do?
# 178 A: Well, as the officer in charge, she would have decided the priority of evidence on how to go ahead and process the scene. And when I took charge, then I took that role.
# 179 Q: But you had her do all the work, didn't you, most of it?
# 180 A: Well, not most of it, but I had her doing a lot of the active part, yeah.
# 181 Q: You were doing the mental part?
KEY QUOTE # 182 A: Well, I was -- I was also doing a lot of physical work, also, not just mental.
# 183 Q: Let me show you part of your checklist from Rockingham. And this is a little difficult to see because it's in pencil.
# 184 MR. BLASIER: Can we zoom in on -- okay.
# 185 Q: (BY MR. BLASIER) This contains a list of items collected at Rockingham, correct?
# 187 Q: And there's a column on this form where you indicate who it was collected by, correct?
# 189 Q: You left that completely blank, didn't you?
# 190 A: Because we were working as a team, I did not feel that it was necessary to fill that in at the time.
KEY QUOTE # 191 Q: All right. It was left blank on the Bundy crime-scene notes, as well?
# 192 A: For the same reason, yes.
# 193 Q: Now, that form is a form that's used by your department at crime scenes to process evidence, isn't it?
# 194 A: It is a -- it is a form, yes.
# 195 Q: And the purpose of filling out this form is to completely and accurately document who does what at the crime scene; that's one of the purposes, is it not?
# 196 MR. LAMBERT: Objection. Irrelevant.
# 197 THE COURT: Overruled.
# 198 DENNIS FUNG: My understanding of this form is to help the criminalist document a scene as information becomes appropriate to fill in, as it becomes relevant.
# 199 Q: (BY MR. BLASIER) And who an item was collected by, is not relevant information, in your view?
# 200 A: Not when you're working as a team. If we had broken up into different teams or we had separated our tasks, then I would have thought it more appropriate to fill that column in. But we -- because we were working as a team, that was not an issue to me.
# 201 Q: Now, at some later time, when you tried to reconstruct who had done what, it became an issue?
# 202 MR. LAMBERT: Objection. Irrelevant; beyond the scope.
# 203 THE COURT: Overruled.
# 205 Q: (BY MR. BLASIER) And you did take several months after processing the crime scene, didn't you.
# 206 MR. LAMBERT: Same objection.
# 207 THE COURT: Overruled.
# 208 DENNIS FUNG: I didn't recall exactly when we did it, but after it had become an issue in one of the hearings, then we went back to try to reconstruct who did exactly what.
# 209 Q: Now, when these crime-scene checklists are done at a crime scene, what's the process that you do after they're done?
Does somebody look at them to approve them?
# 210 A: In general, yes, somebody does review them.
# 212 A: That would be the criminalist 3 in charge of the field unit or another supervisor.
# 213 Q: And who would it have been in this case?
# 214 A: Let's see. That would have been Ron Raquel or Jo Gaurin.
# 215 Q: Now, if Andrea Mazzola filled out this crime-scene checklist, it would be your responsibility, as her supervisor --
# 216 THE COURT: Mr. Blasier, it wasn't filled out. It wasn't checked out.
You may examine as to who found what, if that's where you're going. But the rest of it, the procedures, I'm going to find to be irrelevant. You may ask what was found by whom on this case, if that is what you want to find out. If you don't want to find out, then move on to another area.
# 217 MR. BLASIER: Yes, Your Honor.
# 218 Q: (BY MR. BLASIER) Did you review these forms for correctness?
# 219 MR. LAMBERT: Objection. Irrelevant.
# 220 THE COURT: Overruled.
# 221 DENNIS FUNG: I reviewed them for accuracy, yes.
# 222 Q: (BY MR. BLASIER) Let me show you one page of the field notes before I put on the Elmo.
I want you to tell me what that particular page is.
# 223 A: This is a document from the crime-scene checklist that has different tests and observations that were made during the -- during the search.
# 224 Q: That's where, from Rockingham, correct?
# 226 Q: There's writing on the back of that, isn't there?
# 228 Q: And it's the back of this page that --
# 229 MR. PETROCELLI: Excuse me. For the record, what is that exhibit?
# 230 MR. BLASIER: This is the new exhibit, 2135.
# 231 Q: (BY MR. BLASIER) It's the back of this document that lists O.J. Simpson's blood vial as number 18; isn't that correct?
# 232 MR. LAMBERT: Objection. Asked and answered yesterday.
# 233 THE COURT: Sustained. We went through this exhibit yesterday.
# 234 MR. BLASIER: I don't think I went through this with him.
# 235 THE COURT: Yes, you did.
# 236 Q: (BY MR. BLASIER) Mr. Fung, there are erasures on this form, are there not?
# 238 Q: At some point, you went back to try and change this, didn't you?
# 239 A: I was going to change it and didn't know whether I'd be accused of altering documents or not, so I erased.
KEY QUOTE # 240 MR. BLASIER: Can we zoom in on the erasure.
# 241 Q: (BY MR. BLASIER) Now, that case that you tried to change that --
# 242 MR. BLASIER: Zoom out a little bit.
Let me turn it this way so we can read it a little bit better.
# 243 Q: (BY MR. BLASIER) That says 75, 94 with your initials doesn't it?
# 245 Q: You tried to change that document in July, didn't you?
# 246 A: Well, I was correcting --
# 247 MR. LAMBERT: Objection. Irrelevant; beyond the scope.
# 248 THE COURT: Overruled.
# 249 DENNIS FUNG: I was correcting what I saw as inconsistencies in the recording of the evidence.
# 250 Q: (BY MR. BLASIER) And the reason that number had to be changed from 18 to 17 is because if it was item 18, it would indicate it was collected after the tennis shoes, which weren't collected until the morning of the 14th; isn't that correct?
# 251 MR. LAMBERT: Argumentative, irrelevant.
# 252 THE COURT: I think you asked that yesterday.
# 253 MR. BLASIER: Let me show you another document from 2135.
# 254 Q: (BY MR. BLASIER) Tell us what that particular sheet is.
# 255 A: This is an evidence collection report. It's a sheet from the crime-scene checklist from Rockingham.
# 256 Q: And whose handwriting is on that form?
# 257 A: Parts of it is Ms. Mazzola's and part of it is mine.
# 258 Q: Now, Mr. Fung, that indicates -- the top item as 18 and the next item as 17, correct?
# 260 Q: Would you agree that there is --
# 261 MR. BLASIER: Zoom in on 18.
# 262 Q: (BY MR. BLASIER) -- that there is originally a different -- somebody started a different number there?
# 264 Q: When was that change made? Do you know?
# 265 A: I don't know the exact date of when that was changed.
# 266 Q: Mr. Fung, we talked a little bit about the change of position of the gloves.
Are the pictures with the two different positions, there was actually a third position that that glove was in before it was collected; isn't that correct?
# 267 A: I'm not aware of a third position.
# 268 Q: There's a position of a glove on the blanket that had been used to cover Nicole Brown Simpson's body, correct?
# 269 A: I'm not aware of that.
# 270 MR. BLASIER: Your Honor, I'd like to play video 911, please.
Could you look at this video, Mr. Fung.
# 271 MR. LAMBERT: Objection to the lack of foundation for the video.
# 272 MR. BLASIER: Well, I'll ask him about it.
# 273 Q: (BY MR. BLASIER) Does this appear to be the Bundy scene?
# 274 A: I can't -- looks like scrambled cable.
# 275 MR. BLASIER: Can you play a little bit?
MR. P. BAKER: Yeah.
# 276 Q: (BY MR. BLASIER) You see this, Mr. Fung?
# 277 (Indicating to video.) # 279 Q: That's the glove, isn't it, Mr. Fung?
# 280 MR. LAMBERT: Objection. Lack of foundation; irrelevant.
# 281 THE COURT: Overruled.
# 282 DENNIS FUNG: I'd have to see that more clearly.
# 283 Q: (BY MR. BLASIER) You've seen this video a number of times, haven't you, Mr. Fung?
# 284 (No verbal response.) # 285 Q: That's you putting a card down by it, isn't it, Mr. Fung?
# 286 A: Well, I am putting a card in that area, yes.
# 287 Q: That glove is on the tile there, isn't it, Mr. Fung?
# 288 A: I can't determine that.
# 289 Q: Do you know how it got there?
# 291 Q: Appears to be on the blanket there, doesn't it, Mr. Fung?
# 292 A: There appears to be a dark area there. I can't determine what that object is, though.
# 293 THE COURT: The jury -- at this point, Mr. Blasier, the Court is going to admonish the jury that the evidence has not established that that is a glove at this point. So you may not consider that a glove until somebody establishes that it is a glove, okay?
# 294 Q: (BY MR. BLASIER) Well, Mr. Fung, can you tell us what it is, other than the glove?
# 296 THE COURT: That doesn't make it a glove, either, ladies and gentlemen. So I'll sustain a foundation objection because there's no foundation.
# 297 MR. BLASIER: Your honor, the video speaks for itself.
# 298 THE COURT: It doesn't establish that's a glove, Mr. Blasier. This witness can't identify it, so you have a foundation problem.
# 299 Q: (BY MR. BLASIER) Mr. Fung, the LAPD doesn't take videos of crime scenes to document where things are, do they?
# 300 A: Not that I'm aware of.
# 301 Q: This is all video that was taken by media outside of the area, correct?
# 302 A: From my understanding, yes.
# 303 Q: Now, this video does show the blanket that was left on the ground after Nicole Brown Simpson's body was moved, correct?
# 304 MR. LAMBERT: Objection. Lack of foundation; calls for speculation; conclusion.
# 305 THE COURT: You may answer, if you know.
# 306 DENNIS FUNG: When I arrived at the scene, the blanket was on the ground.
# 307 Q: (BY MR. BLASIER) Now, this video is a video of the Bundy scene while you were there, correct?
# 309 MR. BLASIER: Could we see the part where the card is put down, please.
# 310 Q: (BY MR. BLASIER) Now, Mr. Fung, that is you putting down a card by an item on the tile, correct, or what appears to be on the tile?
# 311 A: Somewhere near the edge of the tile, yes.
# 312 Q: Other than the envelope -- in fact, the envelope was on dirt, as well.
Was there any piece of evidence that you recovered from the tiled area, as indicated by your notes?
# 313 A: There was an area an area -- let's see. There was a sticker that was collected on the tile and a blood stain that was checked on the tile itself.
# 314 Q: Which stain was checked on the tile?
# 315 A: Photo I.D. 107, which was by the base of the stairs.
# 317 MR. BLASIER: Can we see where the card's being put down again, please.
# 319 Q: (BY MR. BLASIER) The card you put down is not by the base of the stairs, is it, Mr. Fung?
# 321 Q: So that's not 107, is it?
# 323 Q: Where was the label found?
# 324 A: The label was found in the center of the walkway area.
# 325 Q: Okay. The card you're putting down here is right on the other side of this object, right by the tile, is it not?
# 327 Q: The label was over in a different area, wasn't it, Mr. Fung?
# 329 Q: Tell me, can you tell from your notes what item you were collecting with that card?
# 330 A: I could make a guess. I don't know exactly what item I was labeling at that point in time.
# 331 Q: Now, there was -- the envelope was recovered from the dirt area. And who actually collected that item?
# 332 A: The envelope was collected by Ms. Mazzola.
# 333 Q: And isn't it correct that the envelope was picked up by her and handed to you, with your bare hands?
# 334 A: That's incorrect.
# 335 MR. BLASIER: Could we see video 915, please.
# 336 (Video 915 being played.) # 337 Q: (BY MR. BLASIER) Please look at this video, Mr. Fung, and tell us if this is a video of you and Andrea Mazzola at the crime scene, the Bundy scene.
Do you recognize it, Mr. Fung?
# 339 MR. BLASIER: Now, just hold it here for a second.
# 340 Q: (BY MR. BLASIER) This person here is from the coroner's office, correct?
# 342 Q: As well as this person, correct?
# 343 A: I don't recognize his face.
# 344 Q: Okay. This is the person from the coroner's office that helped move the bodies, correct?
# 345 A: If she was the coroner's representative, yes.
# 346 Q: All right. Let's go ahead and play this.
I want you to watch behind her and tell us, wasn't that you picking up the envelope after it was handed to you by Andrea Mazzola?
# 347 A: No, it was not.
I have reviewed the tape before, and it's too bad that this is in black and white right now. If it was in color, you'd be able to see that that is a manila envelope, and the envelope that is the item of evidence is actually white.
# 348 Q: So you have a better video of this?
# 349 A: I remember from reviewing the tapes during the criminal trial, that it was a manila envelope; and the envelope -- this is a manila envelope in the video, and the item of evidence is a white envelope with red stains on it.
# 350 Q: So the white envelope was put into a manila envelope?
# 352 Q: You testified at the criminal trial that that was a tablet, didn't you?
# 354 MR. LAMBERT: Objection, Your Honor. Assumes facts in not in evidence.
If he has a reference in the criminal transcript, he better show it to him.
# 355 THE COURT: Overruled.
# 356 DENNIS FUNG: I testified that that's what it could have been.
# 357 Q: You didn't testify that it was a manila envelope, did you?
# 358 A: I didn't at that time, no.
# 359 Q: Incidentally, did you preserve the white envelope for possible fingerprints?
# 360 MR. LAMBERT: Objection. Beyond the scope; irrelevant.
# 361 THE COURT: Overruled.
If it is a recovered piece of evidence, you may inquire about it.
# 362 DENNIS FUNG: The envelope was placed in a paper bag, I believe. So if prints were deemed applicable to that item of evidence by whoever was making that determination, then it could have been performed.
# 363 Q: (BY MR. BLASIER) Let me show you 90, which is another picture of the envelope.
Let's back out, first of all.
Does that appear to be a picture of the envelope?
# 364 A: A blurry picture at this point.
# 366 MR. BLASIER: Can we focus that a little bit?
# 367 Q: (BY MR. BLASIER) And that appears to be the envelope in which position, the first one or the second one?
# 368 A: I don't remember.
# 369 Q: That corresponds to Exhibit 90, appears to be in the first position, correct?
# 370 A: Yes, Exhibit 90.
# 371 Q: Now, one of the things that's important about collecting evidence such as this is, if there's any debris on it, it's important to try and preserve that, correct?
# 372 MR. LAMBERT: Objection. Irrelevant.
# 373 THE COURT: Sustained.
# 374 Q: (BY MR. BLASIER) Mr. Fung, let me show you 103, the envelope, in the second position.
There is much less debris on the envelope in the second position where you collected it than in the first position, isn't there?
# 375 MR. LAMBERT: Objection. Irrelevant.
# 376 THE COURT: Overruled.
# 377 DENNIS FUNG: There does appear to be different -- yes, it's different.
# 378 MR. BLASIER: Okay.
Can you zoom in on the right -- upper right corner of the envelope, please.
I don't know if we can see it very well.
# 379 Q: (BY MR. BLASIER) Mr. Fung, do you see the parallel line imprints on the envelope on the upper right-hand corner?
You can actually see it a little better on here.
# 380 A: I do see a pattern there.
# 381 Q: That appears to be similar to the pattern that was on the piece of paper we looked at yesterday, doesn't it.
# 382 MR. LAMBERT: Objection. Irrelevant; calls for conclusion; lack of foundation.
# 383 MR. LAMBERT: Beyond the scope.
# 384 THE COURT: Overruled.
# 385 DENNIS FUNG: Without benefit for a measuring device, I can't make that determination.
# 386 MR. BLASIER: Let me switch gears here for a second.
# 387 Q: (BY MR. BLASIER) Mr. Fung, on July 3, you went back to Bundy to collect the stains on the back gate, correct?
# 389 Q: And let me show you a picture that has previously been marked as 2100.
Right there.
Sergeant Rossi circled where I have my finger on this picture as being blood. And I think he said it was absolutely blood.
That's not blood, is it, Mr. Fung?
# 390 A: I can't tell from the picture.
# 391 Q: Did you collect a spot at that location?
# 392 A: I collected a spot in that -- near that location, yes.
# 393 Q: At that location?
# 394 A: At this point in time, I can't determine whether -- because of the picture, whether that was the stain or that was the stain.
# 396 Q: (BY MR. BLASIER) You collected everything that you saw there that looked like a blood stain, didn't you?
# 398 Q: And you collected one drop in the area of that card 116, correct?
# 399 A: From the best of my recollection, yes.
# 400 Q: Let me show you 2090 -- 2098. This is a picture where Officer Terrazas has circled what he said was absolutely blood.
That's not blood, either, is it, Mr. Fung?
# 401 A: Again, I cannot determine from that picture on the video screen which one of those is the actual stain.
# 402 Q: Did you collect all the blood from the back gate that you saw on the 3rd?
# 403 A: Not all of this -- of it for -- I collected a representative sample. I collected as much of it as I could.
# 404 Q: Do you have any record of any stain being on the mesh on the inside above 116?
# 405 A: There was an area above that, that was item 117, that I collected.
# 406 Q: That was on the other side of the gate, wasn't it, Mr. Fung?
# 408 Q: Did you see any evidence of blood on the mesh right above 116?
# 409 A: There was other blood present on the gate; however, I collected the best stains there.
# 410 Q: There wasn't anything above the card on 116 that you observed, was there, Mr. Fung?
# 411 A: I didn't make note of it, but I know there was additional -- there was blood that I did not collect on the gate at that time.
# 412 Q: And the reason you went out there was supposedly because blood had been left there from June 13, correct.
# 413 MR. LAMBERT: Objection. Argumentative.
# 414 THE COURT: 2090 is not that picture?
# 416 THE CLERK: Thank you.
# 417 Q: That was the purpose you went out there on July 3; supposedly you missed blood on the 13th, correct.
# 418 MR. LAMBERT: Objection. Argumentative.
# 419 THE COURT: Sustained.
# 420 Q: MR. BLASIER: Are you saying, Mr. Fung, that you left more blood on the back gate after July 3?
# 421 A: There was more blood on the back gate. I collected a representative sample.
# 422 MR. BLASIER: I need to get another board, Your Honor.
Do we have a number on this one?
MR. P. BAKER: 168.
# 423 Q: (BY MR. BLASIER) Mr. Fung, that appears to be pictures of the Bronco that you processed on June 14, correct?
# 425 Q: By the way, one of those stains that you collected on the 14th is stain 29, is it not?
MR. P. BAKER: That's 211, not 1168.
# 426 THE COURT: What is this?
MR. P. BAKER: 211.
# 427 DENNIS FUNG: What is the number you were asking about?
# 428 Q: (BY MR. BLASIER) 29.
# 430 Q: That was a blood stain, or apparent blood stain on the steering wheel of the Bronco, was it not?
# 432 Q: Now, when you observed stains 30 and 31, you observed them clearly on the 14th of June, correct?
# 436 Q: They were easy to see, weren't they,
# 437 A: They weren't real easy to see; I had to use a flashlight and to detect them.
# 440 Q: During daylight, you had to use a flashlight?
# 441 A: Yes.
Well, the Bronco was in the print shed.
# 442 Q: Okay.
Now, did you make an effort to collect all of 30 and 31?
# 443 A: I collected a representative sample from 30 and 31.
# 444 Q: Did you collect all of it, Mr. Fung?
# 445 MR. LAMBERT: Asked and answered.
# 446 MR. BLASIER: He didn't answer the question.
# 447 THE COURT: You can answer yes or no.
# 448 DENNIS FUNG: No, I did not.
# 449 Q: Did you make any notation in any report anywhere that you had not collected all of the blood from the console on June 14?
# 450 A: No notation of that was made.
# 451 Q: Did you tell anyone, after the 14th, when you came back from processing the Bronco, that there was still more blood on the console that you didn't collect?
# 452 MR. LAMBERT: Objection. Irrelevant.
# 453 THE COURT: Sustained.
# 454 Q: (BY MR. BLASIER) How did you determine how much of the stain to collect, Mr. Fung?
# 455 A: After collecting a swatch that was darkened, I stopped collecting at that point.
# 457 A: Because I did not see more stain coming up on that on that swatch. It was a difficult area to collect or trans -- transfer the stain on, so I collected one swatch's worth and stopped.
# 458 Q: Why was it difficult?
# 459 A: It's, -- it appeared to. It didn't come off easily.
# 460 Q: It didn't come off easily; that's why you didn't collect all of it?
# 461 A: I collected one swatch's worth, and it was dark, so I determined that was enough for --
KEY QUOTE # 463 A: For me to collect.
# 464 Q: Enough for testing?
# 465 A: From that light of stain, yes.
# 466 Q: So you felt that what you collected was sufficient for DNA testing?
# 467 A: Not for DNA testing. I wasn't making that determination at that time.
# 468 Q: So you weren't thinking about the possibility of DNA testing being done on what you collected from the console?
# 471 A: It was such a light stain that I was thinking mostly about conventional serology for that -- for that stain.
# 472 Q: Mr. Fung, isn't it correct laboratory procedure to try and collect as much of a stain as possible so that you can do DNA testing?
# 473 MR. LAMBERT: Objection. Irrelevant.
# 474 THE COURT: Sustained.
# 475 Q: (BY MR. BLASIER) Do you recall testifying at the criminal trial, page 22251, line 10, that you didn't think that stain was a good candidate for DNA tests?
# 476 MR. LAMBERT: Objection. Irrelevant, Your Honor.
# 477 THE COURT: Sustained.
# 478 Q: (BY MR. BLASIER) Did you think that was a good candidate for DNA analysis, Mr. Fung?
# 479 MR. LAMBERT: Objection. Irrelevant.
# 480 THE COURT: Sustained.
# 481 Q: (BY MR. BLASIER) Mr. Fung, are you aware of any photograph after June 14, prior to August 26, that shows the blood on the console in the position of 305 on the bottom?
# 482 A: Can you give those dates again?
# 483 Q: From June 14, when you collected part of it, until August 26, when it was searched by Michele Kestler --
# 484 A: Additional photographs taken of that area?
# 485 Q: That shows stain 305 or 304, the way it appears here.
# 486 A: I'm not aware of any additional photographs that were taken between that time.
# 487 Q: Now, did you take any -- have any photographs taken of the Bronco after you were done, to show what you had left there?
# 489 Q: Though this is Exhibit 239, can you tell us what this is, Mr. Fung, what it appears to be?
# 490 A: That appears to be a shot of the Bronco with the door open on the left side.
# 491 Q: And that's you holding a flashlight there, is it not?
# 493 Q: And that was taken on what day?
# 495 Q: Now, I think you said yesterday that you when you processed -- when you looked at the Bronco at the Rockingham location, you didn't see any blood down around the door sill?
# 496 A: Didn't notice any.
# 497 Q: And you looked at the Bronco for possible blood on the outside of it, didn't you?
# 498 A: At that time, I was directed mostly to that handle area.
# 499 Q: So you only looked at the little handle area because that's all you were directed to?
# 500 A: There's other areas that needed attention at that time, and I knew the Bronco was going to be impounded, so I didn't spend much time with it.
# 501 Q: Let me show you 108.
This is a picture of the Bronco, with you standing at -- pointing at the spot -- pointing at the door handle -- the spot on the door handle, correct?
# 503 Q: Let me show you a little clearer --
# 504 MR. PETROCELLI: The Exhibit number?
# 506 Q: (BY MR. BLASIER) There's no indication of any blood on the Bronco around the door sill area, is there?
# 507 A: I wouldn't expect to see that, find an area of blood to be depicted in this photograph.
# 508 Q: You don't see any blood in that photograph, do you, Mr. Fung?
# 509 MR. LAMBERT: Objection. Asked and answered.
# 510 THE COURT: The answer may remain.
# 511 Q: (BY MR. BLASIER) That became an issue, whether there was any blood visible outside the Bronco door at the time of the preliminary hearing, correct?
# 512 MR. LAMBERT: Objection. Irrelevant.
# 513 THE COURT: Sustained.
# 514 Q: (BY MR. BLASIER) Were you sent out back to the Bronco during the preliminary hearing by Marcia Clark to look to see whether there was any blood visible from the outside of the Bronco, down around the sill area, that you could see with the door closed?
# 515 MR. LAMBERT: Objection. Irrelevant.
# 516 THE COURT: Sustained.
# 517 Q: (BY MR. BLASIER) Let me show you 1528.
Now, Mr. Fung, do you recall looking at that photograph during the criminal trial and making those circles?
# 518 MR. LAMBERT: Objection. Irrelevant.
# 519 THE COURT: Overruled.
# 520 MR. LAMBERT: Beyond the scope.
# 521 DENNIS FUNG: Yes, I do.
# 522 Q: (BY MR. BLASIER) And that was a picture -- that was you circling the blood stains that you had located in the door sill area during the preliminary hearing, correct?
# 523 MR. LAMBERT: Objection. Irrelevant; beyond the scope.
# 524 THE COURT: Overruled.
# 525 DENNIS FUNG: I believe I was circling areas that I believe the stains were at, even though it was a poor picture and I was locating the -- where the items of blood should have been.
# 526 Q: (BY MR. BLASIER) Okay. The original picture is better than this laser copy, is it not? You can't actually see the spots, can you?
# 527 A: I don't think I could even see it at the criminal trial. But later, a better photograph was found, and it was relatively in the same locations.
# 528 Q: Okay. And you agree that these two circles, the one on the top and the one at the far right, you cannot see that area with the door of the Bronco closed?
# 529 MR. LAMBERT: Objection. Calls for conclusion; irrelevant.
# 530 THE COURT: Sustained. It's irrelevant.
# 531 Q: (BY MR. BLASIER) You did a presumptive test on some blood on the Bronco in that area during the preliminary hearing, did you not?
# 532 A: Before -- Well, yeah, I guess it was during.
# 533 Q: You were sent out there by Marcia Clark, correct?
# 534 MR. LAMBERT: Objection. Irrelevant.
# 535 THE COURT: Overruled.
# 536 DENNIS FUNG: I was, yes.
# 537 Q: (BY MR. BLASIER) And you never wrote a report about any of that work that you did on that day, did you?
# 538 MR. LAMBERT: Objection. Irrelevant; beyond the scope.
# 539 THE COURT: Overruled.
# 540 DENNIS FUNG: I did.
# 541 Q: (BY MR. BLASIER) When?
# 542 A: I wrote it on October 6, 1994.
# 543 Q: And you did that on what date?
You did the actual testing on what day?
# 545 MR. LEONARD: May I assist Mr. Blasier?
# 546 THE COURT: Are we getting into a different area?
# 547 MR. LEONARD: We are.
# 548 THE COURT: All right. Take a ten-minute recess.
Ladies and gentlemen, don't talk about the case; don't form or express any opinions.
# 549 (Recess taken at 10:58 a.m.) # 550 (Jurors resume their respective seats.) # 551 THE COURT: You may resume.
# 552 MR. BLASIER: Thank you, Your Honor.
# 553 Q: (BY MR. BLASIER) Mr. Fung -- what number is this, Phil?
MR. P. BAKER: I'm looking right now.
# 554 Q: (BY MR. BLASIER) Mr. Fung, can you see the board up there entitled "Rockingham Biological Evidence?"
# 556 Q: Now, when you went back to Rockingham, the second time about what time did you get there.
# 557 A: We arrived back at Rockingham at approximatly 3:30.
# 558 Q: And at that time, you were responsible for collecting anything of evidentiary value inside the house, correct?
# 559 A: I was there to collect evidence inside the residence within the parameters of the search warrant.
# 560 Q: Okay. You're there to collect any physical evidence, anything of evidentiary value that you could find, right?
# 561 A: Within the parameters of the search warrant.
# 562 MR. BLASIER: And can we look at -- the board is 208, Your Honor. And I put on the Elmo what's been previously marked as 924 and 925. Maybe we can show those together.
These are pictures that show the inside of Mr. Simpson's house with a stairway that goes up to the upstairs bedroom and then the one on the right is the hallway going back to the bedroom. Do you recognize that?
# 563 (The instrument herein referred to as Picture of stairs at Rockingham was marked for identification as Defendants' Exhibit No. 924.) # 564 (The instrument herein referred to as Picture of Rockingham Hallway was marked for identification as Defendants' Exhibit No. 925.) # 565 DENNIS FUNG: Not particularly, no.
# 566 Q: (BY MR. BLASIER) You don't?
# 568 Q: Do you remember it looking about like that?
# 569 A: Something, something like that.
# 570 Q: Did you conduct a careful examination of the entire area from the bottom of the stairs back into the bedroom?
# 571 A: I did look, yes.
# 572 Q: And the carpeting that's on the stairway, and it goes back in the hallway is relatively plush; is it not?
# 573 A: Relatively, yes.
# 574 Q: And it's much more plush than the carpeting that's in the Bronco; isn't it?
# 575 A: I don't remember the relative plushness.
# 577 Q: Was -- there was no evidence of bloody shoe print drops of any form whatsoever on the stairway going upstairs, correct?
# 578 A: Between which areas?
# 579 Q: The foyer and the upstairs hall.
# 581 Q: That's correct; is it not, there was no evidence of any blood in that area?
# 582 A: I didn't detect any.
# 583 Q: Nothing on the bannisters?
# 585 Q: Nothing in the hallway at all going back to the master bedroom, correct?
# 587 Q: Nothing on the walls, correct?
# 589 Q: Nothing on the switch plates?
# 591 Q: Nothing on the door knobs?
# 593 Q: Now, when you got in the master bedroom, there was no indication of any blood anywhere on the floor, correct?
# 594 A: I did not see any.
# 595 Q: On the bedding, correct?
# 597 Q: And you looked in the bathroom as well, did you not?
# 598 A: In the master bathroom, yes.
# 599 Q: Did you look in the hamper there?
# 600 A: I did not personally look in the hamper. However, there were detectives who had gone through that clothing.
# 601 Q: And there was -- there was nothing of any evidentiary value in the hamper, correct?
# 602 A: They did not direct my attention to any of that, no.
# 603 Q: There were no bloody towels, no bloody clothes, anything like that?
# 604 A: We did not find any.
# 605 Q: Now, the socks that are on the floor, you checked items of evidence starting on the foyer area and going upstairs, correct?
# 607 Q: And we can tell from the number 12 that's the item number that you assigned to the drop or drops in the foyer area, correct?
# 609 Q: And after you processed number 12, you came upstairs and processed number 13, which is the socks?
# 611 Q: Labeled, okay. And 14 is a spot on the bathroom floor, correct?
# 613 Q: Now, what do your records show in terms of the time that you processed number 12?
# 614 A: Number 12 has the time of -- and I'm referring to my notes -- 4:30 in the afternoon.
# 615 Q: You have that in your notes?
# 616 A: Well, on the evidence collection sheet, item number 12.
# 617 Q: Oh, I'm sorry. Item number 12, 4:30, correct?
# 619 Q: And item number 14 was at what time?
# 620 A: Item 14 was at 4:40.
# 621 Q: And you collected the -- or at least labeled the socks between 12 and 14, correct?
# 623 Q: What time did you physically collect the socks?
# 624 A: The socks were collected within -- somewhere within that timeframe there.
# 625 Q: And those socks appear to be completely out of place in that room, didn't they?
# 626 MR. LAMBERT: Objection, Your Honor.
# 627 THE COURT: Sustained.
# 628 Q: (BY MR. BLASIER) Was there any other clothing on the floor in that room at all?
# 629 A: Not on the floor, no.
# 630 Q: Now, on the bed area, there's what appears to be some straps that appear to come from luggage; is that correct?
# 631 A: Well, there were some straps there. I wasn't sure if they were from luggage or whether they were suspenders or anything like that. I looked at them and I didn't see them as particularly interesting for collection.
# 632 Q: Okay. And we have up on the television screen, exhibit 926. Do you recognize that?
# 634 (The instrument herein referred to as Evidence collection Sheet Items 1-16 was marked for identification as Plaintiffs' Exhibit No. 926.) # 635 Q: That is your check list for the items that you collected at Rockingham, correct?
# 637 Q: And if we can zoom in on 13 down there, that's the socks, correct?
# 639 Q: Now, one of the purposes of these documents is to record the precise location of items of evidentiary value, correct?
# 641 Q: Where -- what was the location of the socks according to that document?
# 642 A: According to this document, eight feet north of the south wall and four feet west of the east wall.
# 643 Q: I have a new exhibit. Could I have a number, please?
# 646 (The instrument herein referred to as Mr. Fung's notation; Re: socks from Rockingham scene was marked for identification as Plaintiffs' Exhibit No. 2136.) # 647 (Plaintiff counsel review document handed to them by Mr. Blasier.) # 648 Q: (BY MR. BLASIER) Let me show you first, in person, 2136. You recognize that, don't you?
# 651 A: That is a notation with the socks being at four feet north of the south wall, and eight feet west of the east wall.
# 652 Q: That's a document that has the socks at a different location from the document that's on the television screen?
# 653 A: Well, the numbers are transposed.
# 654 Q: Different locations, aren't they, Mr. Fung?
# 655 MR. LAMBERT: Objection, Your Honor. Asked and answered.
# 656 THE COURT: I don't think he answered that.
# 657 Q: (BY MR. BLASIER) They're at different locations on these two documents, aren't they, Mr.'Fung?
# 658 A: The numbers are transposed. So if you were to go literally from those notes, yeah, they would be in different position.
KEY QUOTE # 659 Q: Who wrote the document that's on the television screen which is 926?
# 660 A: That would be ciminalist Mazzola.
# 661 Q: And that was done at your direction, correct?
# 663 Q: And who wrote 2176?
# 664 A: That is also ciminalist Mazzola's handwriting.
# 665 Q: That was done at your direction as well, correct?
# 666 A: Correct.
Their --
# 667 Q: There's no question, Mr.'Fung.
# 669 Q: Let me show you page 4 of exhibit 1412. And ask you if you recognize this.
# 672 A: That is the property report that I prepared after going over the notes.
# 673 Q: And this records, again, the locations of items that you took into evidence, correct?
# 675 Q: What is the location for item number 14?
# 678 A: That would be six feet, 11 -- excuse me. Six feet south of the north wall, four feet west of the east wall.
# 679 Q: Let me show you 2136 again. Tell me what the location is there for item 14? Zoom in. It's under line 9, correct?
# 680 A: If you could move it over.
# 682 (Referring to TV screen.) # 683 A: That says, I believe, six feet 11 south of the north wall and 8 feet -- I can't make that out.
# 684 Q: Zoom in, please.
# 685 (Indicating to TV screen.) # 686 A: Eight feet eight west of the east wall.
# 687 Q: Tell me how it's described in 1412.
# 688 A: In this document it's six feet south. Six feet, 11 inches south of the north wall and four feet west of the east wall.
# 689 Q: That's a completely different location than is seen on the document on the TV screen?
# 691 Q: Mr. Fung, was the level of care that was used in preparing these documents the same level of care that you used in preparing evidence in this case.
# 692 MR. LAMBERT: Objection. Argumentative.
# 693 THE COURT: Sustained.
# 694 Q: (BY MR. BLASIER) Now, do you recall -- you can take that down, Phil -- When you collected or prior to the time that you collected the socks from the bedroom floor, seeing a videographer from LAPD?
# 695 A: I was aware that a video crew was there,
# 696 Q: And the video crew was not there to preserve the crime scene at all. It was there to make certain that if anything was broken during the course of the search warrant, LAPD didn't have to pay for it?
# 697 MR. LAMBERT: Objection.
# 698 MR. BLASIER: Let's rephrase it. The videotape person was there for insurance purposes on behalf of LAPD, was he not?
# 699 MR. LAMBERT: Lack of foundation.
# 700 THE COURT: Lay a foundation.
# 701 Q: (BY MR. BLASIER) If you know. Do you know why he was there?
# 702 A: He was there for liability purposes.
# 703 Q: Okay. He wasn't there to help you document the crime scene, was he?
# 705 Q: Now, Mr. Fung, what time did you see him? Did you see him in the bedroom?
# 706 A: I don't recall where exactly I saw him. I do know that his presence was -- I was aware of his presence, though. I didn't keep track of him.
# 707 Q: Were you aware of his presence in that room at 4:14 in the afternoon?
# 708 A: Again, I didn't keep track of him.
# 709 Q: There were no socks on the floor at 4:14 in the afternoon, were there?
# 710 A: It may have been collected earlier at 4:14. I, again, those times are relative. They could go either way 10, 15 minutes.
# 711 Q: Are you saying now you might have collected the socks before you collected the blood in the foyer?
# 712 A: Probably not, no.
# 713 Q: And you collected the blood in the foyer at 4:30, didn't you?
# 714 A: At around that time, yes.
# 715 Q: You couldn't have collected the socks earlier than 4:14, could you?
# 716 A: Probably not, no.
# 717 Q: Now, when you collected, those are two different items, aren't they? Two socks, correct?
# 719 Q: When you checked them, you put them in the same bag, didn't you?
# 721 Q: Is it an acceptable procedure to put two items of evidence in the same bag?
# 722 MR. LAMBERT: Objection. Irrelevant.
# 723 THE COURT: Sustained.
# 724 Q: (BY MR. BLASIER) Did you run out of bags, Mr.'Fung?
# 725 MR. LAMBERT: Objection. Argumentative.
# 726 THE COURT: Overruled.
# 727 DENNIS FUNG: I did not.
# 728 Q: (BY MR. BLASIER) Was your choice to -- it was your choice to put them in the same bag?
# 730 Q: Now, is it correct to say that you did not observe any blood on those socks whatsoever when you collected them?
# 731 A: I did not look for blood on the sock at that point. I collected them so that they could be analyzed for blood at a later time.
# 732 Q: When you were -- you were looking for items that might have blood on them, weren't you, Mr. Fung?
# 734 Q: And you looked at the socks and you didn't see any blood, did you?
# 735 A: I collected them so that they could be analyzed for blood later.
# 736 Q: So you didn't look at them at the scene?
# 737 A: Not with the level of care needed to be able to detect blood on navy blue socks, no.
# 738 Q: Did you look at them to see if there was any blood on them, Mr. Fung?
# 739 A: I didn't see any blood on them when I looked at them.
# 740 MR. BLASIER: Move to strike as nonresponsive. So you did look at them --
# 741 DENNIS FUNG: I did look at the socks.
# 742 MR. BLASIER: -- For blood and didn't see any blood?
# 743 MR. LAMBERT: Objection. Asked and answered.
# 744 THE COURT: You may answer.
# 745 DENNIS FUNG: I did not see blood on the socks.
# 746 Q: (BY MR. BLASIER) Okay. Now, there was also, you didn't see any evidence of a -- of a lot of dirt on the socks either, did you?
# 747 A: Again, I did not look at the socks with the -- with a microscope or a magnifying glass, so I did not see any soil on the socks.
# 748 Q: When you looked at them, when you were looking for whatever you were looking at, there wasn't any obvious dirt on there, correct?
# 750 Q: There was no line of dirt in an area where a shoe might meet with a sock either, was there?
# 752 Q: And there was no dirt on the -- on the carpeting underneath the socks, correct?
# 753 A: I did not notice any.
# 754 Q: And there was no apparent blood stain on the carpeting under the socks, was there?
# 755 A: I didn't notice any.
# 756 Q: Now, I want to ask you some questions about Mr. Simpson's reference blood. At what time did you receive that?
# 757 A: That was received at 5:20 on June 13.
# 758 Q: And that was when Detective Vannatter brought it from the police department downtown, out to Rockingham, correct?
# 759 A: I did receive the blood vial in the foyer at Rockingham.
# 760 Q: From Detective Vannatter who brought it from downtown, you understood that, didn't you?
# 762 Q: Did anyone call you in advance to say that they wanted to bring you the blood vial out to the crime scene?
# 764 Q: That's a horrible thing to do; isn't it, Mr.'Fung?
# 765 MR. LAMBERT: Objection. Argumentative, beyond the scope.
# 766 THE COURT: Sustained.
# 767 Q: (BY MR. BLASIER) Is that a proper technique to bring reference blood back to a crime scene?
# 768 MR. LAMBERT: Objection.
# 769 THE COURT: Sustained.
# 770 Q: (BY MR. BLASIER) Mr. Fung, you received this -- how was it contained when you received it?
# 771 A: The vial was within a gray analyzed evidence envelope.
# 773 A: I don't believe it was.
# 774 Q: Did you take the blood vial out of the envelope?
# 775 A: Not sure if I did. I did check to see if it was intact.
# 776 Q: Did you take -- do you know whether you took it out of the envelope?
# 777 A: I don't recall if I did or not.
# 778 Q: There was a photographer named Wilson standing right about there; wasn't there?
# 780 Q: Do you remember that?
Where was Andrea Mazzola while you were doing that?
# 781 A: I don't know where she was at that point in time. I don't recall.
# 782 Q: Now, you received the reference vial in the area of the foyer, in the same area as where these blood drops were found, correct?
# 784 Q: Did you become aware at some later time there were more blood drops found in that foyer area?
# 785 MR. LAMBERT: Objection. Irrelevant, beyond the scope.
# 786 THE COURT: Overruled.
# 787 DENNIS FUNG: I'm aware that there were smaller dots that were present that I did not collect of those larger -- of that larger area there.
# 788 Q: (BY MR. BLASIER) But you had seen them on the 13th when you collected 12?
# 789 A: I didn't take notes of them.
# 790 Q: If you didn't see -- you didn't see them?
# 791 A: I may have saw them but I didn't collect the smaller dots. I didn't because there were larger areas of blood there. I didn't look for -- look at or notice the smaller ones.
# 792 Q: Does -- was Mr. Simpson's vial opened in that foyer area?
# 794 Q: After you got it, what did you do with it?
# 795 A: I initialed the envelope and noted the time that it was relinquished into my custody.
# 796 Q: What did you do with it then, Mr. Fung?
# 797 A: With the envelope?
# 799 A: Well, from reconstruction in videotapes, I put it in a garbage bag, a plastic garbage bag and gave it to Ms. Mazzola.
# 800 Q: Where did you get the garbage bag from?
# 801 A: I asked one of the detectives to find a bag or something for me to bring out the evidence in 'cause I didn't want the media to see what I was bringing out.
# 802 Q: You didn't want the media to see you were bringing evidence out of the house?
# 803 A: What the evidence was.
# 804 Q: It was in an envelope by that point, wasn't it?
# 806 Q: Why didn't you want the media to see you bringing an envelope out of Mr. Simpson's house?
# 807 A: We try to -- or I try to bring evidence out in nondescript packages so that the investigative process is not compromised.
# 808 Q: The investigative process is not compromised, so you put it in a trash bag?
# 809 A: Well, it's pretty hard to see what's inside a trash bag, so yeah.
# 810 Q: Now, you had been collecting blood drops that morning in the driveway, correct?
# 812 Q: You had cards all over the driveway for the blood drops, correct?
# 814 Q: You made no effort at all to conceal that evidence collection from the media, did you?
# 815 A: I -- the media wasn't there early in the morning. I did not consider that they would all be at the Rockingham location when I got back.
# 816 Q: So the reason you didn't do that in secret was because there was no media there in the morning?
# 817 MR. LAMBERT: Objection. Argumentative, irrelevant, beyond the scope.
# 818 THE COURT: Sustained.
# 819 Q: (BY MR. BLASIER) Mr. Fung, what was it about Mr. Simpson's reference vial that you concluded you needed to conceal it from the media?
# 820 A: It's not so -- Well, at that point, there was just so much coverage that the -- less the media knew, the better.
# 821 Q: So you did that intentionally, put it in a trash bag to take it back to the lab to conceal it?
# 822 A: I usually place items of evidence in nondescript packaging.
# 823 Q: Did you have other envelopes with you at the time?
# 824 A: Not at that time.
# 825 Q: You had them in your truck?
# 826 A: They were in the truck.
# 827 Q: Now, you gave this trash bag to Andrea Mazzola, did you not?
# 829 Q: You've seen pictures of her dragging it out of Rockingham?
# 831 MR. LAMBERT: Objection. Argumentative, "dragging."
# 832 Q: (BY MR. BLASIER) Pulling it out behind her?
# 833 A: Well, she's carrying it.
# 834 Q: Carrying it. You never told her was in it?
# 835 A: I didn't know her location when I received the vial. I didn't think I had to. I thought she was in the relative vicinity of when I accepted the vial of -- within the envelope. I thought she knew what was in it.
# 836 Q: You had no conversation with her about the fact that you had given her Mr. Simpson's reference vial in a trash bag to take out to the crime scene truck?
# 838 MR. LAMBERT: Objection. Irrelevant.
# 839 THE COURT: Sustained.
# 840 Q: (BY MR. BLASIER) When you collect blood your supposed to refrigerate it as soon as possible, correct.
# 841 MR. LAMBERT: Objection. Irrelevant, beyond the scope.
# 842 THE COURT: Overruled.
# 843 DENNIS FUNG: It depends on the use for the blood.
# 844 Q: (BY MR. BLASIER) You're supposed to refrigerate it as soon as possible, aren't you, Mr. Fung?
# 845 A: It's -- well, of a reference vial?
# 847 A: Is that what were talking about?
# 849 A: It's preferrable.
# 850 Q: When you got back to the lab that night with the vial still in the trash bag, what did you do with it?
# 851 A: I kept it in the evidence processing room where it was a secure location.
# 852 Q: You left it on the table in the trash bag, didn't you?
# 854 Q: There's a refrigerator right outside that room that is secure; isn't there?
# 855 A: The stock room has a less -- has a lower level of security than the evidence processing room. Also, I knew that there was preservatives in the blood vial and it would probably be tested or used soon so I did not see the urgent necessity for it to be refrigerated at that point in time.
# 856 Q: So you left it in a trash bag on a counter at SID all night, didn't you?
# 857 A: It was a clean trash bag and it was in a -- on a table at night, yes.
# 858 Q: It had no markings on the trash bag at all, that would enable anyone else who happened to come into that room, to have any idea what's in that.
# 859 MR. LAMBERT: Objection. Assumes facts, irrelevant.
# 860 THE COURT: It's irrelevant, but finish the question.
# 861 Q: (BY MR. BLASIER) I'll rephrase.
Was there any label at all on the trash bag that you used for Mr. Simpson's blood?
# 862 A: Not on the trash bag itself, no.
# 863 MR. BLASIER: That's all I have.