Cross-examination of Dennis Fung

📄 Cross-examination of Dennis Fung — Tuesday, October 29, 1996

Address:

C:\DEPT103\CIVIL\1996\OCT\29\CROSS-EXAMINATION-OF-DENNIS-FU.DOC

TRIAL

▲ Day 5 of 57

◀ Redirect examination of Ron Phillips (part 3) Adjournment ▶

Witness: Dennis Fung
Examiner: Dan Leonard
Called by: Prosecution • Date: Tuesday, October 29, 1996 • Utterances: 165

Defense attorney Dan Leonard cross-examines criminalist Dennis Fung about the discovery of the glove at Rockingham, establishing that Fuhrman was alone and unsupervised for 5-7 minutes before announcing he found it. Leonard also elicits that Fung had no glasses when Fuhrman pointed out blood on the Bronco, and that Fung conducted essentially no investigation of the fence or foliage near the glove.

# 1 (Plaintiffs' counsel review documents.)

# 2 MR. MEDVENE:

We just did this.

# 3 MR. LEONARD:

Did we?

# 4 (Nods affirmatively.)

# 5 MR. LEONARD:

False alarm.

# 6 Q:

(BY MR. LEONARD) Now, when you finished your discussion with Mr. Simpson on the telephone, you -- where did you go? Right out and stood outside, right in front of the kitchen?

# 7 A:

Breakfast -- I call it a breakfast nook area there were a couple of French doors that open right there and I stood right in that area.

# 8 Q:

And was it -- were you -- were you insides or outside?

# 9 A:

I think I was standing in the doorway.

# 10 Q:

By the way, did, at the end of this discussion with Mr. Simpson, did you give him your beeper number?

# 11 A:

Yes.

# 12 Q:

Gave him my beeper number and my phone number at the station.

# 13 Q:

And at that point, after you went outside, Mister or Detective Fuhrman came around and told you that he had found something?

# 14 A:

Yes.

# 15 Q:

You walked down that path behind the Rockingham residence with him, right?

# 16 A:

Yes.

# 17 Q:

And you got within three or four feet of the glove, correct?

# 18 A:

Right. Yes.

# 19 Q:

And you weren't close in enough to see whether the glove was bloody?

# 20 A:

I didn't get close enough to the glove.

# 21 Q:

Did you ever walk behind, beyond, the air conditioner that's in the wall down there, near where the glove was found?

# 22 A:

I eventually did, but much later in the day.

# 23 Q:

What was your purpose in going back there?

# 24 A:

I think there was a whole bunch of us that walked back there. I just followed them.

I think the D.A. went back there. We're just basically walking around the property.

# 25 Q:

Okay.

# 26 A:

It was much, much later in the day.

# 27 Q:

Was Detective Fuhrman in that group that went back there?

# 28 A:

I don't know if he was in that group.

# 29 Q:

Did Detective Fuhrman tell you anything about the condition of the walkway past the air conditioner?

# 30 MR. MEDVENE:

Objection. Hearsay, Your Honor.

# 31 THE COURT:

Sustained.

# 32 MR. LEONARD:

You can answer yes or no.

# 33 MR. MEDVENE:

Well, Your Honor has ruled.

# 34 THE COURT:

I sustained the objection.

# 35 Q:

(BY MR. LEONARD) Now, when you walked back along the pathway, were you -- were you careful to watch where you were walking?

# 36 A:

Yes.

# 37 Q:

Okay. And one of the things you were looking out for was any evidence, right?

# 38 A:

Yes.

# 39 Q:

Okay. And did you see any signs of blood drops such as you saw at Bundy?

# 40 A:

No.

# 41 Q:

Did you see any signs of any disturbance along the bushes that are along the fence that's on the right hand side of that path as you walk down?

# 42 A:

No.

# 43 Q:

Any identification at all along that. Someone had come over the fence, in your opinion?

# 44 A:

I observed nothing.

# 45 Q:

Nothing out of ordinary in those bushes?

# 46 A:

Nothing.

# 47 Q:

Those are extremely thick bushes, aren't they, sir?

# 48 A:

There was a lot of overhang and a lot of foliage, extreme thick bushes. It was a lot of foliage and a lot of -- they were all hanging over which was blocking out the light and there was a lot of them, yeah.

# 49 MR. LEONARD:

Can you cue up 147, please?

# 50 Q:

(BY MR. LEONARD) Now, the photograph that's up on the Elmo now that's marked as Exhibit 147; is that a fair and accurate depiction of that walkway in the area where the glove was found?

# 51 A:

Yes.

# 52 Q:

And I know it's kind of hard to see with the pointer. Can you just point out where the glove is in that photograph?

# 53 A:

I'd have to say it's somewhere in this area here because it was right by the air conditioner. I really can make it out.

# 54 Q:

Okay. But that's the approximate area where the glove was?

# 55 A:

Right.

# 56 Q:

Now, just to the right. That's -- there's a fence. A fence is about how high?

# 57 A:

Five feet.

# 58 Q:

Okay. And the fence has, if you can see along the top of that fence, just describe what the very top of that fence is. What is that?

# 59 A:

It's like a cyclone fence. It's jacked where the seek loan fence is and the cut off.

# 60 Q:

Okay. And again, with reference to the foliage that's along the top of that fence, describe that for us in some detail. In other words, tell us how thick, how thin it is?

# 61 A:

Well, it's impossible for me to look at that photograph and tell you how thick or thin it is. There's a lot of bushes there. They're tall and they're overhanging onto Mr. Simpson's property from the property next door.

# 62 Q:

Okay. And the bushes extend or the foliage extends, what, 20 feet up, 15 to 20 feet?

# 63 A:

I don't -- they were taller than I was, sir. I don't remember how tall they were.

# 64 Q:

One of the things you look for around the area of the glove was no sign of any disturbance in the bushes, right?

# 65 A:

I never look for any of that.

# 66 Q:

You didn't?

# 67 A:

No.

# 68 Q:

Okay. But you did look for blood drops along the path there?

# 69 A:

Yes.

# 70 Q:

You didn't see any?

# 71 A:

I didn't see anything that stepped on -- I didn't see anything at all.

# 72 Q:

Had a flashlight?

# 73 A:

Yes, sir.

# 74 Q:

And Detective Fuhrman had a flashlight?

# 75 A:

Yes, sir.

# 76 Q:

Okay. And you were both looking along the ground there?

# 77 A:

Yes, sir.

# 78 Q:

Okay. And did you come back -- come back down that path a couple more times?

# 79 A:

No. I just went down it the one time, and then Phil Vannatter went down it, and then Tom Lange went down it. And I left the property.

# 80 Q:

Okay. And they all had flashlights, to your knowledge?

# 81 A:

I don't know who had a flashlight.

# 82 Q:

When you entered the Rockingham residence with Arnelle Simpson and Detective Vannatter and Detective Lange, where was Mark Fuhrman, if you know?

# 83 A:

When we walked from Arnelle's room towards the house, Mark Fuhrman was talking to Kato Kaelin inside his room.

Shortly after arriving inside the house, I believe Mark Fuhrman entered with Kato Kaelin, and sat him down at a bar stool. And I remember him saying something to Vannatter, "you need to talk to this guy."

# 84 Q:

Now, Vanatter was the senior investigator at the time, right?

# 85 A:

I don't really know, their being the same rank, Detective 3's. I don't know who has more time on the job.

# 86 Q:

Well, you and Fuhrman were off the case at that point.

# 87 MR. MEDVENE:

Objection. Vague, ambiguous "off the indicate case."

# 88 THE COURT:

Overruled.

# 89 MR. LEONARD:

I can make it clearer.

# 90 Q:

(BY MR. LEONARD) You and Fuhrman had been relieved of your duties as investigating detectives on the case; would you agree with that?

# 91 A:

We were not the investigating officers on this case at this time, yes.

# 92 Q:

Again, you had gone over there only to notify Mr. Simpson, right?

# 93 A:

That's correct.

# 94 Q:

You say that Fuhrman told Vannatter to interview Kato Kaelin?

# 95 A:

I don't know if he said "interview." He said, "You should talk to this guy."

# 96 Q:

And Fuhrman separated himself from the group, right?

# 97 A:

I don't know that. I was on the telephone.

# 98 Q:

Well --

# 99 A:

It all happened at the same time. I was busy talking to Arnelle (sic) on the telephone. I overheard him say to Vannatter, "You need to talk to this guy." And then Mark left, went out the door that was left open. That's where I walked over to.

# 100 Q:

From the time he walked out the door until you saw him again when he came in, when he said to you, "I found something," how many minutes is that; do you know?

Give us an estimate.

# 101 A:

Five, seven minutes, something like that.

KEY QUOTE

# 102 Q:

Now, you went with -- you went back over to Bundy. And you say that Fuhrman talked to photographer Rokahr; you saw him do that?

# 103 A:

I told him to get a photographer.

# 104 Q:

And you saw him have some exchange with photographer Rokahr, right?

# 105 A:

Yes.

# 106 Q:

And again, there's no question in your mind, that happened after you came back from Rockingham, right?

# 107 A:

There's no doubt in my mind.

# 108 Q:

No question it was broad daylight when the photograph was taken?

# 109 A:

Absolutely no doubt in my mind.

# 110 Q:

Could I have a minute, Your Honor.

# 111 (Nods affirmatively.)

# 112 (Pause in proceedings.)

# 113 MR. LEONARD:

Two more.

# 114 MR. PETROCELLI:

Two more?

# 115 MR. LEONARD:

Questions.

# 116 Q:

(BY MR. LEONARD) When you -- before you went over the -- before Fuhrman went over the wall and you entered the Rockingham property, Detective Fuhrman took you down to the Bronco and told you he had seen something, right?

# 117 A:

Yes.

# 118 Q:

And he pointed out a small amount of blood above the door handle of the driver's side of the Bronco, correct?

# 119 A:

Yes.

# 120 Q:

And that's when he pointed it out to you, right?

# 121 A:

No; he pointed out something on the -- underneath the door, but I couldn't see it.

# 122 Q:

Okay. He said there was something down there; you couldn't see it?

# 123 A:

I didn't have my glasses with me, so I didn't see it.

KEY QUOTE

# 124 MR. LEONARD:

Okay. Now, can we show the photograph of the Bronco, the big photograph, Exhibit 108.

Hold on for a second.

# 125 (Pause in the proceedings.)

# 126 MR. LEONARD:

Okay. We've he got 108 up on the Elmo.

# 127 Q:

(BY MR. LEONARD) Can you tell me, sir, what that photograph depicts?

# 128 A:

That's the Ford Bronco that was parked on Rockingham.

That is Dennis Fung, a criminalist who is pointing at an object just above the door handle on the driver's side.

# 129 Q:

Okay. And that's where you saw the spot that Detective Fuhrman pointed out to you?

# 130 A:

Yes, sir.

# 131 MR. LEONARD:

Okay. Can we have the next Exhibit, please, on the Elmo.

MR. P. BAKER: That's Exhibit 109.

# 132 Q:

(BY MR. LEONARD) Now, Exhibit 110 that's on the Elmo, that depicts a close-up of the spot?

# 133 A:

Yes.

# 134 Q:

That's the spot that appeared to you on June 13, 1994?

# 135 A:

Yes, sir.

# 136 Q:

It's another spot. You couldn't see the other area that Fuhrman claimed there was blood. You couldn't see because you didn't have your glasses with you?

# 137 A:

Well, I didn't. He was pointing something out to me and I couldn't see it.

# 138 MR. MEDVENE:

Objection. Calls for hearsay, Your Honor. Move to strike.

# 139 THE COURT:

Overruled.

# 140 DENNIS FUNG:

Couldn't make out what he was pointing me to.

# 141 Q:

(BY MR. LEONARD) Didn't you think about putting your glasses on?

# 142 A:

I didn't see it.

# 143 MR. LEONARD:

No further questions.

# 144 MR. MEDVENE:

If I might just have a moment, Your Honor, to look at this statement. We don't have very much.

# 145 (Pause in the proceedings.)

# 146 Q:

When you were questioned about the fence, near where the glove was found, did you inspect the fence closely to see if there was a bend in the fence at around the place where the glove was found, where someone might have run over the fence?

# 147 MR. LEONARD:

Objection. Leading, Your Honor.

# 148 THE COURT:

Overruled.

# 149 A:

I did not examine that fence at all.

# 150 Q:

(BY MR. MEDVENE) On the leaves and trees that were in the immediate vicinity of where the gloves were found, did you examine that area closely to see if there was any space between those leaves and trees?

# 151 MR. LEONARD:

Objection. Leading.

# 152 THE COURT:

Overruled.

Based upon your examination, I'm going to allow this examination.

# 153 A:

I conducted absolutely no investigation into anything but viewing the glove that Detective Fuhrman had pointed out to me, and I walked out of the area.

KEY QUOTE

# 154 Q:

(BY MR. MEDVENE) Counsel asked you about a statement that you wrote on June 13 of 1994 that was marked as 2106, a statement that you wrote that he said dealt with your conversation with Mr. Simpson. And do you remember he asked you to read a certain part of it?

# 155 A:

Yes.

# 156 Q:

Did you say in that statement, sir, at no time during the conversation with Mr. Simpson, did he ask me any details regarding the death of Nicole; he repeatedly said he had to get off the phone because he was going to return to Los Angeles. Is that what you wrote?

# 157 A:

Yes.

# 158 Q:

Was that accurate?

# 159 A:

Yes.

# 160 MR. MEDVENE:

I have nothing further. Thank you very much.

RECROSS-EXAMINATION BY MR. LEONARD:

# 161 Q:

Did you have your glasses on when you walked down the walkway and looked at the fence and foliage?

# 162 A:

No, sir.

# 163 MR. LEONARD:

No further questions.

# 164 MR. MEDVENE:

No questions.

# 165 THE COURT:

You are excused. Thank you.

Temperature

tense

Key Quotes (4)

Dennis Fung

Five, seven minutes, something like that.

Establishes the window of time Fuhrman was alone before discovering the glove — a central pillar of the defense's planted-evidence theory.

Dennis Fung

I conducted absolutely no investigation into anything but viewing the glove that Detective Fuhrman had pointed out to me, and I walked out of the area.

Fung confirms he did not examine the fence, foliage, or surroundings for evidence of how someone might have scaled the fence — undermining any competing explanation for the glove's presence.

Dennis Fung

I didn't have my glasses with me, so I didn't see it.

Fung could not independently verify what Fuhrman claimed to see as blood on the Bronco, weakening corroboration of Fuhrman's observations.

Dennis Fung

Mark left, went out the door that was left open. That's where I walked over to.

Places Fuhrman as separating from the group before returning to announce the glove discovery.

Evidence (4)

Exhibit 147

Photograph of the walkway behind the Rockingham residence near where the glove was found

Displayed on Elmo; Fung identifies approximate location of glove

Exhibit 108

Large photograph of the Bronco parked on Rockingham, showing Fung pointing at spot above driver's door handle

Displayed on Elmo; Fung identifies himself in photograph and confirms blood spot location

Exhibit 110

Close-up photograph of the blood spot on the Bronco driver's door

Displayed on Elmo; Fung confirms this is the spot visible on June 13, 1994

Exhibit 2106

Fung's written statement from June 13, 1994 about his phone conversation with OJ Simpson

Discussed on redirect; Fung confirms accuracy of statement that Simpson never asked for details about Nicole's death

Notable Exchanges (3)

Dan Leonard•Dennis Fung

Leonard establishes a 5-7 minute window where Fuhrman was alone and out of sight before returning to announce he found the glove — the core of the planted-evidence argument.

strategic

Dan Leonard•Dennis Fung

Leonard elicits that Fung did not have his glasses when Fuhrman pointed out what he said was blood on the Bronco, meaning Fung could not independently confirm Fuhrman's observation.

revealing

Edward Medvene•Dennis Fung

On redirect, Medvene establishes that Fung did not examine the fence or foliage at all near where the glove was found, and confirms Fung's June 13 statement that Simpson never asked about Nicole's death.

rehabilitative

Light Moments (1)

Edward Medvene / Dan Leonard

Before examination begins, Medvene and Leonard have a brief exchange after reviewing documents — 'We just did this.' / 'Did we?' / 'False alarm.'

Credibility Attacks (2)

⚔ Mark Fuhrman

opportunity / unsupervised access

Leonard establishes that Fuhrman separated from the group, was alone for 5-7 minutes in the area where the glove was later found, and then returned claiming discovery — circumstantially supporting the planted-evidence narrative without directly stating it.

⚔ Dennis Fung

failure to investigate / limited observation

Leonard and Medvene both elicit that Fung did not examine the fence or foliage near the glove, and that he lacked his glasses when Fuhrman pointed out what was allegedly blood on the Bronco, limiting his ability to independently corroborate Fuhrman's findings.

Witness Demeanor

(Pause in proceedings.) — mid-examination while Leonard retrieves photographs

(Pause in the proceedings.) — while retrieving Exhibit 108

(Pause in the proceedings.) — Medvene reviewing statement before redirect

Objections

5 objections (1 sustained, 4 overruled)

Proceeding 8078 • 165 utterances • Prosecution witness

Civil Trial

Department 103