Direct examination of Dennis Fung

📄 Direct examination of Dennis Fung — Wednesday, January 15, 1997

Address:

C:\DEPT103\CIVIL\1997\JAN\15\DIRECT-EXAMINATION-OF-DENNIS-F.DOC

TRIAL

▲ Day 42 of 57

◀ Redirect examination of Gregory Matheson Cross-examination of Dennis Fung ▶

Witness: Dennis Fung
Examiner: Robert Baker
Called by: Defense • Date: Wednesday, January 15, 1997 • Lines: 57

During direct examination, Dennis Fung recants his prior week's testimony that a photograph of the Bundy glove showed a cut or tear. After reviewing additional photographs (Exhibits 2371 and 2372) and the physical glove, Fung concludes that the white area he previously identified as a defect is debris. Lambert also examines the glove's chain of custody through the original evidence bag (Exhibit 2392), and Fung says he first realized his error while leaving the courtroom.

# 1 A:

Yes, I do.

# 2 Q:

And had you ever seen that photograph before you testified here last week?

# 3 A:

I don't recall seeing it, no.

# 4 Q:

After you collected the evidence in this case and booked it into evidence, did you have any further involvement with that evidence after that?

# 5 A:

Not until the criminal trial.

# 6 Q:

So you didn't -- you weren't involved in any of the testing, any of the manipulation or handling of this glove after it was booked?

# 7 A:

That is correct.

# 8 Q:

So other than testifying in court, your involvement was done a couple days after the murders?

# 9 MR. BAKER:

Argumentative, leading.

# 10 THE COURT:

Sustained.

# 11 Q:

(BY MR. LAMBERT) After a couple -- Start with a couple of days after the murders, when you booked the evidence, two or three days afterwards?

# 12 A:

I had no involvement after I booked the glove. I did not analyze it or anything like that.

# 13 Q:

Okay. And you certainly hadn't been involved in studying photographs any time, other than in connection with the criminal case?

# 14 MR. BAKER:

That's leading, Your Honor.

# 15 THE COURT:

If you'd ask a question as a question, it wouldn't be leading, would it?

# 16 MR. LAMBERT:

All right. Let me try it this way.

# 17 Q:

(BY MR. LAMBERT) Were you involved in studying any photographs other than in connection with testifying at the trial in this case?

# 18 A:

No.

# 19 Q:

And other than this -- Strike that. After you testified last week in this case, have you had an opportunity to look at some other photographs of that glove taken on the same day?

# 20 A:

Yes, I was.

# 21 Q:

Including these blown-up photographs that are now 2371 and 2372?

# 22 A:

Yes.

# 23 Q:

And have you also had an opportunity to look at the -- the glove that's here in evidence itself?

# 24 A:

Yes.

# 25 Q:

Having done that, do you now believe that those photographs depict a cut or a tear in the glove?

# 26 A:

No, I do not.

# 27 Q:

So are you saying that you were mistaken in your testimony?

# 28 A:

Yes.

# 29 Q:

What do you believe is on that glove now, Mr. Fung?

# 30 A:

The white area here appears to be some kind of debris.

KEY QUOTE

# 31 Q:

And let me show you an exhibit. This is --

# 32 THE CLERK:

That would be next in order, 2392, marked by reference. (The instrument herein referred to as a Plastic bag and paper bag collectively was marked by reference for identification as Plaintiffs' Exhibit No. 2392.)

# 33 Q:

(BY MR. LAMBERT) Can you please identify for the jury what this is.

# 34 MR. LAMBERT:

I'm sorry. Do you want to take a look? (Mr. Baker reviewed exhibit.)

# 35 MR. BAKER:

I want to make sure you guys haven't put the debris in there.

KEY QUOTE

# 36 Q:

Would you please identify what this is, Mr. Fung?

# 37 A:

This is the bag that the glove was originally put into. It has writing on it by Ms. Mazzola where it says 102, it has my initials, and the Item No. 37 on it, and my initials.

# 38 Q:

So is this the bag that the glove at Bundy was placed into when it was first collected on June 13?

# 39 A:

Yes, it was.

# 40 Q:

And is this the bag that's been with that glove ever since?

# 41 MR. BAKER:

There's no foundation for that question, Your Honor.

# 42 THE COURT:

Sustained.

# 43 Q:

(BY MR. LAMBERT) Was the bag -- when you booked it into evidence, was it placed in evidence with this bag?

# 44 A:

Yes.

# 45 Q:

Now, having looked at these other photographs, the glove itself, and this bag, Mr. Fung, do you have any doubts in your mind that this glove that's in evidence in this case is the same glove that you collected on Bundy on June 13?

# 46 MR. BAKER:

Asked and answered.

# 47 THE COURT:

Overruled.

# 48 A:

It is the same glove.

# 49 Q:

(BY MR. LAMBERT) And let me ask you this, Mr. Fung: When did you first believe that you had made some mistake in your testimony here last week?

# 50 A:

Actually, while I was leaving the courtroom. I couldn't -- the problem I had last week was why there was an apparent defect in the glove when the glove in front of me did not have a defect. And when I was out in the hall, I was -- it dawned on me what the reason was. Should I go on.

# 51 Q:

Yeah, go ahead. Finish.

# 52 A:

The reason that I came to in the hall was that this defect is white and -- or piece of debris is white and the lining in the glove is brown, and I came back into the courtroom after the break, looked at both the glove and the picture, and that's when I confirmed that I had been in error.

KEY QUOTE

# 53 Q:

And then you later looked at all these other photographs, and did that confirm your opinion that you'd been in error?

# 54 A:

Yes. That just strengthened my -- that I had -- what I had come to conclude.

KEY QUOTE

# 55 Q:

Thank you, Mr. Fung.

# 56 MR. LAMBERT:

No further questions, Your Honor. CROSS-EXAMINATION BY

# 57 Q:

Mr. Fung, you find yourself in a bad spot here, don't you?

KEY QUOTE

Temperature

tense

Key Quotes (5)

Dennis Fung

Yes.

Fung explicitly admits that he was mistaken in his prior testimony about the glove photograph.

Dennis Fung

The white area here appears to be some kind of debris.

Fung's corrected interpretation — the apparent 'defect' was debris, not a cut or tear in the glove.

Dennis Fung

The reason that I came to in the hall was that this defect is white and -- or piece of debris is white and the lining in the glove is brown, and I came back into the courtroom after the break, looked at both the glove and the picture, and that's when I confirmed that I had been in error.

Fung explains that the white area appeared inconsistent with the glove's brown lining and that comparing the glove with the photograph confirmed his error.

Robert Baker

I want to make sure you guys haven't put the debris in there.

Baker openly accuses plaintiffs' counsel of potential evidence tampering while reviewing the bag exhibit — aggressive and pointed.

Robert Baker

Mr. Fung, you find yourself in a bad spot here, don't you?

Opening line of cross-examination — Baker immediately frames Fung as a compromised witness who just publicly admitted error.

Evidence (3)

Plaintiffs' 2371 and 2372

Blown-up photographs of the Bundy glove taken on the day of collection

Shown to Fung to prompt correction of prior testimony

Plaintiffs' 2392

Plastic bag and paper bag — the original evidence packaging for the Bundy glove, with Mazzola's writing ('102'), Fung's initials, and Item No. 37

Introduced and identified by Fung to establish chain of custody

Informal

The physical Bundy glove in evidence

Shown to Fung; he compared it to photographs and confirmed no actual defect — only debris

Notable Exchanges (3)

Lambert•Judge Fujisaki

After Baker objects to a leading question, Fujisaki dryly tells Lambert: 'If you'd ask a question as a question, it wouldn't be leading, would it?' — a mild rebuke that doubles as instruction.

dry/procedural

Baker•Lambert

When Lambert introduces the evidence bag (2392), he offers Baker an opportunity to inspect it. After reviewing the exhibit, Baker raises a concern that debris may have been put in the bag, implying possible tampering.

hostile/accusatory

Fung•Lambert

After Lambert asked when he first believed he had made a mistake, Fung began explaining, asked 'Should I go on,' and continued after Lambert told him to finish, describing the contrast between the white debris and the brown lining.

rehabilitative

Credibility Attacks (1)

⚔ Dennis Fung

prior inconsistent statement

Lambert elicits Fung's acknowledgment that he was mistaken about the glove photograph showing a cut or tear before Baker's cross-examination challenges Fung's position.

Witness Demeanor

Fung answered Lambert's question, asked whether he should continue, and completed his explanation after Lambert told him to finish.

Fung asked, 'Should I go on,' before continuing his explanation after Lambert told him to finish.

Maintains that the glove in evidence is definitively the same one collected at Bundy

Objections

2 objections (1 sustained, 1 overruled)

Proceeding 8810 • 57 lines • Defense witness

Civil Trial

Department 103