Barry Scheck continued his cross-examination of LAPD criminalist Dennis Fung, focusing on two major issues: whether the Bundy glove appeared in a suspicious third position on crime scene videotape, and whether Fung handled the prescription-glasses envelope with his bare hand. Scheck deployed videotape evidence showing what appears to be Fung grasping the envelope ungloved, which Fung repeatedly denied, claiming 'it could be any number of things' and suggesting it might be a notepad. Scheck also established through the crime scene checklist that Fung himself directed Mazzola to put a question mark in the 'has the scene been altered?' field.
# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:) # 2 THE COURT: ALL RIGHT. BE SEATED, LADIES AND GENTLEMEN. THANK YOU. LET THE RECORD REFLECT WE HAVE BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. GOOD MORNING, LADIES AND GENTLEMEN.
# 3 THE JURY: GOOD MORNING.
# 4 THE COURT: I TRUST YOU ARE ALL FEELING WELL TODAY? HEAR WE HAD A GOOD DINNER LAST NIGHT. GOOD. ALL RIGHT.
DENNIS FUNG, THE WITNESS ON THE STAND AT THE TIME OF THE EVENING ADJOURNMENT, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:
# 5 THE COURT: THE RECORD SHOULD REFLECT MR. DENNIS FUNG IS ON THE WITNESS STAND AGAIN. MR. FUNG, GOOD MORNING, SIR.
# 6 DENNIS FUNG: GOOD MORNING.
# 7 THE COURT: YOU ARE REMINDED YOU ARE STILL UNDER OATH, SIR. AND MR. SCHECK, YOU MAY RESUME AND COMPLETE YOUR CROSS-EXAMINATION.
# 8 MR. SCHECK: I WILL MAKE MY BEST EFFORT, YOUR HONOR.
# 9 THE COURT: THANK YOU, SIR. YOU HAVE THE MORNING.
# 10 MR. SCHECK: I'M SORRY?
# 11 THE COURT: YOU HAVE THE MORNING.
# 12 MR. SCHECK: I'M SURE I WILL BE INTO THE AFTERNOON.
# 13 THE COURT: ALL RIGHT.
# 14 MR. SCHECK: GOOD MORNING, LADIES AND GENTLEMEN OF THE JURY.
# 15 THE JURY: GOOD MORNING.
# 16 CROSS-EXAMINATION (RESUMED)
# 18 Q: GOOD MORNING, MR. FUNG. HOW ARE YOU, SIR?
# 20 Q: WHEN WE LEFT WE WERE DISCUSSING THE GLOVE AT BUNDY. DO YOU RECALL THAT?
# 22 Q: AND JUST TO REVIEW A LITTLE BIT -- MR. HARRIS, WOULD YOU PUT UP THE -- I WOULD LIKE TO SHOW YOU ON THE SCREEN -- YOU RECALL SEEING THESE PICTURES BEFORE OF THE BUNDY GLOVE?
# 24 THE COURT: ALL RIGHT. AND MR. SCHECK, WHICH DEFENSE EXHIBIT, THIS SIDE-BY-SIDE, WHICH ONE IS THIS?
# 25 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 26 THE COURT: IS THIS 1075?
# 27 MR. SCHECK: 1075, YOUR HONOR.
# 28 THE COURT: ALL RIGHT.
# 29 Q: BY MR. SCHECK: NOW, MR. FUNG, IF WE COULD LOOK AT THE PICTURE TO THE RIGHT, THE ONE WITH THE FINGER POINTING AT THE GLOVE, DO YOU SEE THAT, SIR?
# 31 Q: ALL RIGHT. WHY DON'T WE DESIGNATE THAT POSITION NO. 1. FAIR ENOUGH?
# 33 Q: AND LET'S LOOK AT THE LEFT AND THAT IS THE PICTURE WITH THE EVIDENCE TAG, CORRECT?
# 35 Q: AND WHY DON'T WE DESIGNATE THAT POSITION NO. 2. OKAY?
# 37 Q: NOW, TURNING TO POSITION NO. 1, YOU REMEMBER I SHOWED YOU THAT PHOTOGRAPH LAST THURSDAY AND ASKED YOU IF YOU HAD SEEN IT IN THE GRAND JURY. DO YOU REMEMBER THAT?
# 39 Q: ALL RIGHT. AND YOU INDICATED THAT YOU DIDN'T THINK YOU HAD?
# 40 A: I INDICATED THAT I DIDN'T REMEMBER SEEING IT.
Q RIGHT. AND HAVE YOU SINCE THEN GONE BACK, SPOKEN WITH THE DISTRICT ATTORNEYS, LOOKED AT THE GRAND JURY EXHIBIT AND REFRESHED YOUR RECOLLECTION?
# 42 Q: AND YOU DID IN FACT SEE THAT PHOTOGRAPH IN THE GRAND JURY, DIDN'T YOU?
# 44 Q: OKAY. ALL RIGHT. SO THOSE ARE THE TWO POSITIONS FROM WHICH YOU SAW THE GLOVE IN PHOTOGRAPHS; IS THAT CORRECT?
# 46 Q: ALL RIGHT. NOW, BEFORE WE LEFT ON THURSDAY AFTERNOON, JUST AS WE BROKE, YOU WERE SHOWN A VIDEOTAPE, WERE YOU NOT?
# 48 MR. SCHECK: ALL RIGHT. THREE DIFFERENT SEGMENTS. I WOULD ASK NOW, YOUR HONOR, THAT MR. HARRIS BE PERMITTED TO SHOW -- TO PLAY THOSE.
# 49 THE COURT: YES. HAVE WE MARKED THAT YET?
# 50 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 51 THE COURT: NEXT IN ORDER.
# 52 MR. SCHECK: I DON'T THINK WE HAVE.
# 55 (DEFT'S 1078 FOR ID = VIDEOTAPE) # 56 MR. SCHECK: IF I MAY APPROACH, YOUR HONOR.
# 57 THE COURT: I DON'T THINK THE POINTER IS GOING TO WORK. DO YOU HAVE THE LASER?
# 58 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 60 THE COURT: AND BE CAREFUL WHERE YOU POINT THAT.
# 61 MR. SCHECK: OKAY. GREAT.
# 62 THE COURT: ALL RIGHT. MR. HARRIS.
# 63 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 64 (AT 9:20 A.M., DEFENSE EXHIBIT 1078, A VIDEOTAPE, WAS PLAYED.) # 65 Q: BY MR. SCHECK: NOW, DO YOU RECOGNIZE THIS AS A PICTURE OF DETECTIVE VANNATTER WALKING UP NOW?
# 66 A: I CAN'T IDENTIFY WHO THAT PERSON IS.
# 67 Q: OKAY. NOW, DO YOU SEE THE OBJECT THAT I AM CIRCLING WITH THIS LIGHT PEN?
# 68 MR. GOLDBERG: I OBJECT. IT ASSUMES A FACT NOT IN EVIDENCE, THAT IT IS AN OBJECT.
# 69 THE COURT: OVERRULED.
# 70 Q: BY MR. SCHECK: DO YOU SEE THAT?
# 71 A: I SEE A DARK SPOT ON THE VIDEO, YES.
# 72 Q: OKAY. WOULD YOU AGREE THAT THAT LOOKS TO BE BROWN?
# 73 MR. GOLDBERG: YOUR HONOR, IT IS IRRELEVANT WHAT HE THINKS. THE BEST EVIDENCE RULE.
# 74 THE COURT: OVERRULED.
# 75 DENNIS FUNG: TO ME IT JUST APPEARS DARK. I DON'T SEE ANY BROWN COLOR THERE.
# 76 Q: BY MR. SCHECK: DOES IT APPEAR TO BE THREE-DIMENSIONAL TO YOU?
# 77 MR. GOLDBERG: IRRELEVANT.
# 78 THE COURT: OVERRULED.
# 79 DENNIS FUNG: I CAN'T DETERMINE FROM THE VIDEO IF IT IS OR NOT.
# 80 MR. SCHECK: UH-HUH. OKAY.
# 81 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 82 Q: BY MR. SCHECK: DO YOU SEE THAT OBJECT AGAIN NOW THAT I'M CIRCLING WITH THE LIGHT PEN?
# 83 A: I SEE A DARK AREA THAT YOU ARE CIRCLING.
# 84 Q: ALL RIGHT. IN YOUR VIEW --
# 85 (DEFENSE EXHIBIT 1078 IS AGAIN PLAYED.) # 86 THE COURT: FOR THE RECORD, THIS IS A SECOND CLIP SEGMENT.
# 88 Q: DOES THAT -- WE ARE STOPPING THAT NOW. AGAIN, DOES THAT APPEAR TO YOU TO BE BROWN AND THREE-DIMENSIONAL?
# 89 A: IT APPEARS TO BE A DARK AREA ON THE VIDEO.
# 90 Q: YOU WOULDN'T SAY IT IS THREE-DIMENSIONAL?
# 91 A: I COULDN'T TELL FROM THE VIDEO, NO.
# 93 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 94 THE COURT: SEGMENT 3.
# 95 (DEFENSE EXHIBIT 1078 IS AGAIN PLAYED.) # 96 Q: BY MR. SCHECK: NOW, THIS APPEARS TO BE YOU PUTTING DOWN EVIDENCE TAGS, CORRECT?
# 98 Q: ALL RIGHT. AND YOU STILL SEE THAT SAME OBJECT THAT I'M POINTING TO IN THE LIGHT PEN?
# 99 (NO AUDIBLE RESPONSE.) # 102 MR. SCHECK: ALL RIGHT.
# 103 MR. GOLDBERG: YOUR HONOR --
# 104 MR. SCHECK: NOW, LET ME SHOW YOU A STILL OF THAT SHOT.
# 105 (DEFENSE EXHIBIT 1078, A STILL PHOTOGRAPH, WAS DISPLAYED.) # 106 Q: BY MR. SCHECK: AGAIN, LOOKING AT THAT, WOULD YOU AGREE OR DO YOU AGREE THAT THAT LOOKS TO BE A BROWN THREE-DIMENSIONAL OBJECT?
# 107 A: IT APPEARS TO BE A DARK OBJECT OR A DARK AREA ON THE VIDEO.
# 109 THE COURT: SEGMENT 3.
# 110 MR. SCHECK: SEGMENT 3.
# 111 Q: NOW, IF THAT WERE THE GLOVE, MR. FUNG, THAT WOULD BE A THIRD POSITION, WOULD IT NOT?
# 112 MR. GOLDBERG: YOUR HONOR, THAT CALLS FOR SPECULATION.
# 113 THE COURT: SUSTAINED.
# 114 Q: BY MR. SCHECK: WELL, WHEN WE BROKE FROM COURT ON THURSDAY, YOU CAME BACK THE NEXT MORNING; IS THAT CORRECT, AND I THINK IT WAS WEDNESDAY, ACTUALLY -- THURSDAY -- THURSDAY YOU CAME BACK TO COURT THE NEXT MORNING, CORRECT?
# 116 Q: ALL RIGHT. NOW, THAT EVENING DID YOU LOOK AT THESE VIDEOTAPES WITH GREAT CARE?
# 117 A: WEDNESDAY EVENING?
# 119 A: YES, I DID LOOK AT THEM.
# 120 Q: AND WITH WHOM DID YOU LOOK AT THEM?
# 121 A: THERE WERE OTHER PEOPLE IN THE OFFICE. I DON'T RECALL ALL OF THEM.
# 122 Q: ABOUT HOW MANY TIMES DO YOU THINK YOU LOOKED AT THEM THAT EVENING?
# 124 Q: UH-HUH. THEN WHEN YOU CAME DOWN THE NEXT MORNING IN COURT YOU REVIEWED THEM AGAIN, DID YOU NOT, ON THESE MONITORS?
# 125 A: WHEN I CAME DOWN IN COURT THE NEXT DAY THERE WAS AN ENHANCED VERSION AND I LOOKED AT THEM HERE, YES.
# 126 Q: AND YOU REVIEWED IT WITH MR. GOLDBERG?
# 127 A: WHAT DO YOU MEAN "REVIEWED"?
# 128 Q: WELL, YOU WERE LOOKING AT THE TAPES FROM VARIOUS ANGLES AND PHOTOGRAPHS WITH MR. GOLDBERG?
# 130 Q: WITH MISS CLARK?
# 131 A: SHE WAS PRESENT.
# 132 Q: SHE WASN'T SITTING BY THE MONITOR WITH YOU LOOKING AT IT?
# 133 A: SHE MAY HAVE BEEN BUT --
# 136 Q: MR. GEORGE CLARK?
# 139 A: I DON'T RECALL IF MR. DARDEN WAS HERE OR NOT.
# 140 Q: THE GENTLEMAN JONATHAN FARTLOUGH FROM DECISION QUEST?
# 141 THE COURT: FAIRTLOUGH.
# 142 MR. SCHECK: FAIRTLOUGH, I'M SORRY.
# 143 Q: YOU LOOKED AT IT IN SLOW MOTION?
# 145 Q: YOU EXAMINED VARIOUS PHOTOGRAPHS?
# 147 Q: NOW, WERE YOU SHOWN -- YOUR HONOR, CAN I HAVE THIS PHOTOGRAPH MARKED DEFENDANT'S NEXT IN ORDER?
# 148 THE COURT: 1079? YES, 1079.
# 149 (DEFT'S 1079 FOR ID = PHOTOGRAPH) # 150 THE COURT: HAVE YOU SHOWN THAT TO COUNSEL?
# 151 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 152 THE COURT: HAVE YOU SHOWN THAT TO COUNSEL?
# 154 THE COURT: MRS. ROBERTSON, THE DEFENSE IS MARKING 1079, A PHOTOGRAPH.
# 156 MR. GOLDBERG: YOUR HONOR, I THINK THAT THIS WAS ALREADY MARKED FOR THE RECORD BUT --
# 157 THE COURT: ALL RIGHT. THERE APPEARS TO BE A STICKER ON THE BACK. IS THAT AN EVIDENCE --
# 158 MR. SCHECK: THAT IS A DEFENDANT'S STICKER FOR THE --
# 159 THE COURT: ALL RIGHT.
# 160 Q: BY MR. SCHECK: WERE YOU SHOWN, AMONG OTHERS, THAT PHOTOGRAPH?
# 162 MR. SCHECK: WITH PERMISSION, YOUR HONOR, I WOULD LIKE TO PUT THIS ON THE ELMO.
# 165 Q: BY MR. SCHECK: NOW, WAS IT SUGGESTED TO YOU, AFTER SEEING THIS PICTURE, THAT THAT OBJECT ON THE VIDEOTAPE THAT YOU WILL NOT AGREE WITH ME IS BROWN AND THREE-DIMENSIONAL WAS NOT REALLY THE GLOVE BUT WAS GREEN OR YELLOW LEAVES?
# 166 MR. GOLDBERG: YOUR HONOR, THAT IS ARGUMENTATIVE.
# 167 THE COURT: SUSTAINED.
# 168 Q: BY MR. SCHECK: DID ANYBODY SHOW YOU THIS PICTURE AND SUGGEST THAT WHAT WAS ON THE VIDEOTAPE WAS NOT THE GLOVE IN A THIRD POSITION BUT GREEN AND YELLOW LEAVES?
# 169 A: NOBODY MADE THAT SUGGESTION TO ME. THEY ASKED ME TO LOOK AT THE VIDEOTAPE AND LOOK AT DIFFERENT PHOTOGRAPHS.
# 170 Q: UH-HUH. WELL, DID ANYBODY -- WAS THERE ANY DISCUSSION IT IS NOT THE GLOVE, IT IS GREEN AND YELLOW LEAVES?
# 171 A: NOBODY SAID THAT, NO.
# 172 Q: WELL, IT COULDN'T BE GREEN AND YELLOW LEAVES, WOULDN'T YOU AGREE WITH ME, MR. FUNG?
# 173 MR. GOLDBERG: YOUR HONOR, THAT CALLS FOR AN EXPERT OPINION.
# 174 THE COURT: OVERRULED.
# 175 Q: BY MR. SCHECK: WHAT WE SAW ON THAT VIDEOTAPE, THAT OBJECT YOU AND I WERE DISCUSSING, THE ONE THAT YOU WILL NOT AGREE IS BROWN AND THREE-DIMENSIONAL, WOULD YOU NOT AGREE WITH ME THAT --
# 176 THE COURT: WHY DON'T YOU REPHRASE THAT QUESTION, COUNSEL.
# 177 Q: BY MR. SCHECK: ALL RIGHT. WOULD YOU AGREE THAT THE OBJECT THAT WE SAW IN THE VIDEOTAPE COULD NOT BE THOSE GREEN AND YELLOW LEAVES?
# 178 A: I CAN'T AGREE TO THAT, NO.
# 179 Q: ALL RIGHT. YOU THINK IT COULD BE?
# 181 Q: GREEN AND YELLOW LEAVES?
# 182 A: FROM THE ANGLE AND THE DISTANCE OF THAT CAMERA AND FROM THE POOR RESOLUTION OF THE VIDEOTAPE ITSELF, I CAN'T MAKE THAT DETERMINATION.
# 183 Q: OKAY. YOU NOTICED IN THE PHOTOGRAPH THAT IN THE VIDEOTAPE THAT THE OBJECT WAS -- HAD A LITTLE WHITE TAG IN IT, DIDN'T YOU, OR A LITTLE WHITE SPOT?
# 184 MR. GOLDBERG: THAT MISSTATES THE TESTIMONY ABOUT "OBJECT."
# 185 THE COURT: SUSTAINED.
# 186 Q: BY MR. SCHECK: ALL RIGHT. NOW, DID YOU READ THE NEXT DAY DETECTIVE LANGE QUOTED IN THE LOS ANGELES TIMES ABOUT WHAT HE THOUGHT THAT OBJECT WAS?
# 187 A: I HAVEN'T READ THE L.A. TIMES FOR OVER A WEEK.
# 189 MR. GOLDBERG: YOUR HONOR, I WOULD MOVE TO STRIKE THAT COMMENT BY COUNSEL.
# 190 THE COURT: OVERRULED.
# 191 Q: BY MR. SCHECK: NOW, DID YOU SPEAK ABOUT WHAT THIS OBJECT COULD BE ON THE VIDEOTAPE WITH DETECTIVE LANGE?
# 192 A: I DON'T THINK THERE WAS ANY DISCUSSION, NO. HE WAS PRESENT DURING SOME PORTION OF THE WATCHING.
# 193 Q: WELL, DID DETECTIVE LANGE EVER TELL YOU THAT THAT OBJECT ON THE VIDEOTAPE WAS NOT THE GLOVE, IT WAS ACTUALLY THE DARK BLOOD BY THE BLANKET THAT SOMEHOW WAS CHANGED BY THE ANGLE OF THE LENS AND THAT IS HOW IT COULD BE EXPLAINED? DID HE SAY SOMETHING LIKE THAT TO YOU?
# 194 A: NOT TO ME, NO. I DIDN'T OVERHEAR SOMETHING LIKE THAT.
# 195 Q: WELL, WHO SUGGESTED THAT ONE TO YOU?
# 196 A: THAT WAS NEVER SUGGESTED TO ME DIRECTLY.
# 197 Q: WELL, HOW DID YOU HEAR ABOUT IT INDIRECTLY?
# 198 A: I WAS IN A DIFFERENT AREA AND I OVERHEARD THAT COMMENT.
# 199 Q: NOW, YOU KNOW THAT THAT OBJECT ON THE VIDEOTAPE CAN'T BE EXPLAINED AWAY BY ANY OF THESE THINGS, DON'T YOU?
# 200 MR. GOLDBERG: YOUR HONOR, IT IS ARGUMENTATIVE.
# 201 THE COURT: SUSTAINED.
# 202 Q: BY MR. SCHECK: YOU KNOW IT IS THE GLOVE, DON'T YOU?
# 203 A: I DON'T KNOW THAT.
# 204 Q: YOU KNOW IT IS THE GLOVE AND YOU JUST GOT CAUGHT BY THIS VIDEOTAPE; ISN'T THAT RIGHT?
KEY QUOTE # 205 MR. GOLDBERG: YOUR HONOR, THAT IS ARGUMENTATIVE.
# 206 THE COURT: SUSTAINED.
# 207 Q: BY MR. SCHECK: ALL RIGHT. MR. FUNG, WHY DON'T WE TALK ABOUT THE ENVELOPE FOR A MINUTE.
# 208 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 209 MR. SCHECK: YOUR HONOR -- YOUR HONOR, WE HAVE TAKEN TWO PREVIOUSLY MARKED EXHIBITS AND WE ARE PUTTING THEM SIDE-BY-SIDE. I'M SHOWING THEM TO COUNSEL.
# 210 THE COURT: ALL RIGHT. WHICH EXHIBITS ARE THESE?
# 211 MR. SCHECK: ONE OF THEM IS 1079, THE ONE WE JUST MARKED, AND THE OTHER ONE IS THE OVERALL PICTURE OF DETECTIVE FUHRMAN POINTING TO THE GLOVE AND THE ENVELOPE, AND WE ARE SEARCHING FOR THAT NUMBER.
# 212 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.) # 213 MR. SCHECK: WE ARE SHOWING IT TO COUNSEL ON HIS MONITOR BEFORE WE DISPLAY IT TO THE JURY.
# 214 THE COURT: I NEED TO HAVE AN EXHIBIT NUMBER.
# 215 MR. SCHECK: YES. WE WILL GIVE YOU AN EXHIBIT NUMBER.
# 216 MR. GOLDBERG: YOUR HONOR, I WILL OBJECT TO CROPPING THE PHOTOGRAPH IN ANY WAY OR ALTERING ITS APPEARANCE ON THE DISPLAY.
# 217 MR. SCHECK: YES. THE ONE ON THE LEFT, YOUR HONOR, IS 55, 1055.
# 218 THE COURT: ALL RIGHT. THE OBJECTION IS OVERRULED. IT IS NOT AN UNFAIR DEPICTION AS TO THE POSITION OF THE OBJECTS.
# 219 MR. SCHECK: WE SHOULD HAVE THIS SIDE-BY-SIDE OF THE ENVELOPE MARKED AS DEFENDANT'S --
# 222 (DEFT'S 1080 FOR ID = PHOTOGRAPH) # 223 Q: BY MR. SCHECK: MR. FUNG, YOU SEE THESE TWO PHOTOGRAPHS, DO YOU NOT?
# 225 Q: ALL RIGHT. NOW, LOOKING ON THE LEFT, THAT IS THE -- A CLOSER-UP SHOT OF DETECTIVE FUHRMAN POINTING TOWARDS THE GLOVE, HAT, WITH HIS HAND OVER THE ENVELOPE, CORRECT?
# 227 Q: ALL RIGHT. AND DO YOU SEE WHERE THE ENVELOPE IS IN TERMS OF THE TILES?
# 229 Q: ALL RIGHT. NOW, LOOKING AT THE PHOTOGRAPH TO THE RIGHT, UMM, THAT IS THE ENVELOPE IN THE POSITION WHERE YOU PUT DOWN TAGS AND HAD IT PHOTOGRAPHED, CORRECT?
# 231 Q: ALL RIGHT. AND IT IS IN A DIFFERENT POSITION, IS IT NOT, FROM THE PHOTOGRAPH WHERE DETECTIVE FUHRMAN IS POINTING IN THE DIRECTION OF THE ENVELOPE?
# 232 A: IT APPEARS TO BE, YES.
# 233 Q: ABOUT HOW FAR DOWN DO YOU THINK THAT HAS BEEN MOVED?
# 234 MR. GOLDBERG: WELL, ASSUMES --
# 235 THE COURT: WHICH TO WHICH?
# 236 Q: BY MR. SCHECK: THE PHOTOGRAPH TO THE RIGHT WHERE YOU PUT DOWN THE EVIDENCE TAGS, THAT IS ABOUT HOW MANY INCHES WOULD YOU ESTIMATE MOVED BACK TOWARDS THE RAILING FROM THE WAY IT IS DEPICTED IN THE PHOTOGRAPH WHERE DETECTIVE FUHRMAN IS POINTING TOWARDS IT?
# 237 A: IT APPEARS TO BE MOVED THREE TO FOUR INCHES TOWARDS THE WEST.
# 238 Q: ALL RIGHT. AND THE DIFFERENCE -- ANOTHER DIFFERENCE BETWEEN THE PHOTOGRAPHS IS THAT IN THE ONE WHERE YOU HAD THE PICTURE TAKEN WITH THE EVIDENCE TAG DOWN, THERE IS MORE -- YOU CAN SEE DRAG MARKS IN THE UPPER RIGHT-HAND CORNER OF THAT PICTURE, CAN YOU NOT?
# 239 A: I CAN'T TELL FROM THE VIDEO, BUT --
# 240 Q: WELL, DO YOU RECALL SEEING WHAT LOOKED LIKE STREAKS OF BLOOD IN THE SOIL IN THE AREA WHERE MR. GOLDMAN'S BODY HAD BEEN REMOVED?
# 242 Q: ALL RIGHT. WOULD YOU AGREE WITH ME THAT THAT REPRESENTS TRACK MARKS OF MR. GOLDMAN'S BODY BEING REMOVED AND DRAGGED THROUGH THE AREA WHERE THE GLOVE, HAT AND THE ENVELOPE WERE?
# 243 MR. GOLDBERG: CALLS FOR SPECULATION.
# 244 THE COURT: SUSTAINED.
# 245 Q: BY MR. SCHECK: WELL, THERE IS MORE LEAFY FOLIAGE ON TOP OF THOSE TILES, IS THERE NOT, IN THE PICTURE WHERE YOU HAD THE PHOTOGRAPH TAKEN?
# 247 Q: NOW, MR. FUNG, WOULD YOU AGREE THAT THE ENVELOPE IS IN TWO DIFFERENT POSITIONS HERE?
# 249 Q: AND IS IT CLEAR TO YOU SIR, THAT THAT ENVELOPE WAS MOVED AND PUT INTO A NEW POSITION AFTER MR. GOLDMAN'S BODY WAS REMOVED FROM THE SCENE?
# 250 MR. GOLDBERG: CALLS FOR SPECULATION.
# 251 THE COURT: SUSTAINED.
# 252 Q: BY MR. SCHECK: WHEN DID YOU FIRST LEARN THAT THE ENVELOPE HAD BEEN MOVED FROM ITS ORIGINAL CONDITION AS IT WAS FOUND AT THE CRIME SCENE?
# 253 MR. GOLDBERG: IRRELEVANT. CALLS FOR HEARSAY.
# 254 THE COURT: OVERRULED.
# 255 DENNIS FUNG: THE FIRST I HEARD ABOUT IT WAS DURING THE TRIAL.
# 256 Q: BY MR. SCHECK: WHEN?
# 258 Q: WHEN DURING THE TRIAL? WE HAVE BEEN HERE FOR A WHILE.
# 259 A: WHEN -- YOU ARE RIGHT. WHEN DETECTIVE LANGE WAS GIVING TESTIMONY.
# 260 Q: ABOUT A MONTH AGO, TWO MONTHS AGO?
# 261 A: WHENEVER HE WAS GIVING TESTIMONY.
# 262 Q: UH-HUH. AND ISN'T IT YOUR RESPONSIBILITY -- WELL, HOW DID YOU LEARN ABOUT THAT? DID YOU SPEAK TO DETECTIVE LANGE?
# 263 A: HOW DID I LEARN OF THAT?
# 264 Q: YEAH, THAT THE ENVELOPE HAD BEEN MOVED?
# 265 A: I OVERHEARD IT ON THE RADIO.
# 266 Q: AND IN OTHER WORDS, YOU WERE OVERHEARING THE TESTIMONY ON THE RADIO?
# 268 Q: AND HOW OFTEN HAVE YOU BEEN DOING THAT, SIR?
# 269 A: THE TESTIMONY IS PLAYING ALL THE TIME IN DIFFERENT PARTS OF THE OFFICE AND PEOPLE HAVE IT ON ALL THE TIME AND WHEN I PASS BY I OVERHEAR PORTIONS OF IT.
# 270 Q: UH-HUH. UMM, WHEN YOU ARE WORKING IN SOMEPLACE DO YOU ASK THEM TO TURN IT OFF?
# 272 Q: SOMETIMES YOU DON'T?
# 273 A: SOMETIMES I'M NOT THERE LONG ENOUGH TO ASK THEM TO DO IT.
# 274 Q: ALL RIGHT. NOW, MR. FUNG, ISN'T IT YOUR RESPONSIBILITY TO INVESTIGATE WHETHER EVIDENCE AT THE CRIME SCENE HAS BEEN MOVED OR ALTERED FROM ITS ORIGINAL POSITION?
# 275 MR. GOLDBERG: VAGUE TO THE WORD "INVESTIGATE."
# 276 THE COURT: OVERRULED.
# 277 DENNIS FUNG: I -- IN SOME RESPECTS IT IS MY RESPONSIBILITY, YES.
# 278 Q: BY MR. SCHECK: ALL RIGHT. AND YOU ARE SUPPOSED TO MAKE INQUIRIES OF PEOPLE AT THE SCENE AS TO WHETHER OR NOT EVIDENCE HAS BEEN MOVED OR ALTERED?
# 280 Q: AND DID YOU ASK DETECTIVE LANGE IF HE SAW EVIDENCE MOVED OR ALTERED, THAT SOMEBODY HAD SEEN THE ENVELOPE AND THE GLOVE MOVED AND REPLACED BACK IN A NEW POSITION? DID YOU ASK HIM ABOUT THAT ON JUNE 13TH?
# 281 A: I DON'T RECALL IF I DID OR NOT.
# 282 Q: WELL, WHEN YOU SAY YOU DON'T RECALL, ARE YOU TELLING US THAT YOU MIGHT HAVE?
# 284 Q: DID YOU ASK MR. ROKAHR, THE PHOTOGRAPHER, WHETHER HE HAD SEEN ANY EVIDENCE MOVED AND THEN REPLACED BACK TO A NEW POSITION?
# 285 A: I DID NOT ASK THAT OF MR. ROKAHR.
# 286 Q: DID YOU ASK DETECTIVE PHILLIPS?
# 287 MR. GOLDBERG: YOUR HONOR, IT IS IRRELEVANT WHO HE ASKED AND WHO HE DIDN'T.
# 288 THE COURT: OVERRULED.
# 290 Q: BY MR. SCHECK: YOU SAW DETECTIVE PHILLIPS AT THE SCENE WHEN MR. GOLDMAN'S BODY WAS BEING REMOVED THROUGH THE AREA WHERE THE ENVELOPE, THE HAT AND THE GLOVE WERE? HE WAS THERE?
# 291 A: I DID NOT KNOW DETECTIVE PHILLIPS AND HE WAS NOT THE OFFICER IN CHARGE AT THE SCENE.
# 292 Q: ALL RIGHT. DID YOU ASK STEVE JOHNSON, THE CHIEF FORENSIC CHEMIST?
# 294 Q: IF HE HAD SEEN ANY OF THE EVIDENCE MOVED AND THEN REPLACED BACK INTO A NEW POSITION?
# 296 Q: HE WAS THERE, WASN'T HE?
# 298 Q: DID YOU ASK MISS RATCLIFFE, THE REPRESENTATIVE FROM THE CORONER'S OFFICE?
# 299 A: I DID NOT SPEAK WITH MISS RATCLIFFE.
# 300 Q: DID YOU ASK MR. JACOBO FROM THE CORONER'S OFFICE?
# 304 Q: WEREN'T THEY PEOPLE IN AN EXCELLENT POSITION TO SEE WHETHER OR NOT THE ENVELOPE, THE HAT OR THE GLOVE HAD BEEN MOVED, SINCE THEY WERE THE ONES THAT WERE INVOLVED IN REMOVING MR. GOLDMAN'S BODY?
# 305 MR. GOLDBERG: CALLS FOR SPECULATION.
# 306 THE COURT: SUSTAINED.
# 307 Q: BY MR. SCHECK: WELL, DID YOU SEE MR. RATCLIFFE -- MISS RATCLIFFE AND MR. JACOBO REMOVING MR. GOLDMAN'S BODY?
# 309 Q: BUT YOU DID NOT ASK THEM, AFTER THAT HAD BEEN DONE, WHETHER THEY HAD SEEN ANY OF THE EVIDENCE MOVED?
# 310 MR. GOLDBERG: ARGUMENTATIVE, ASKED AND ANSWERED.
# 311 THE COURT: SUSTAINED.
# 312 Q: BY MR. SCHECK: DID YOU ASK -- WELL, I THINK YOU HAVE ANSWERED. THERE WERE REPRESENTATIVES OF SID WHO DO FINGERPRINTING AT THE SCENE, WERE THERE NOT?
# 314 Q: AND THEY WERE STANDING ON THE TOP OF THE -- THE WALKWAY, WERE THEY NOT?
# 315 A: DURING CERTAIN PORTIONS, YES.
# 316 Q: THAT WAS DURING THE PORTION OF TIME WHERE MR. GOLDMAN'S BODY WAS BEING REMOVED? THEY WERE UP THERE?
# 317 A: I DON'T RECALL WHEN THEY WERE THERE.
# 318 Q: WELL, DID YOU INQUIRE OF THEM AS TO WHETHER OR NOT THEY HAD SEEN ANY EVIDENCE, THE ENVELOPE, THE HAT OR THE GLOVE MOVED?
# 320 Q: DID YOU ASK ANDREA MAZZOLA WHETHER SHE HAD SEEN IT?
# 321 A: SEEN ANYTHING MOVED?
# 323 A: I DID NOT ASK HER THAT.
# 324 Q: DID YOU ASK ANDREA MAZZOLA TO CONDUCT AN INQUIRY ABOUT WHETHER ANY EVIDENCE HAD BEEN MOVED?
# 326 Q: IS IT YOUR TESTIMONY, SIR, THAT ON JUNE 13TH YOU DID NOT SUSPECT THAT THE GLOVE OR THE ENVELOPE OR ANY OTHER EVIDENCE IN THAT AREA HAD BEEN MOVED FROM THEIR ORIGINAL POSITION?
# 327 MR. GOLDBERG: IRRELEVANT.
# 328 THE COURT: OVERRULED.
# 329 DENNIS FUNG: I DID NOT SUSPECT THAT THEY WERE MOVED.
# 330 Q: BY MR. SCHECK: IS IT YOUR TESTIMONY THAT YOU HAD NO KNOWLEDGE WHATSOEVER ON JUNE 13TH THAT THAT GLOVE AND THE ENVELOPE HAD BEEN MOVED AND SOMEBODY PUT IT BACK IN ITS ORIGINAL POSITION?
# 331 MR. GOLDBERG: ASSUMES FACTS NOT IN EVIDENCE.
# 332 THE COURT: SUSTAINED.
# 333 Q: BY MR. SCHECK: YOU HAVE TO FILL OUT A CRIME SCENE CHECKLIST REPORT, YOU AND MISS MAZZOLA, CORRECT?
# 335 Q: AND YOU FILLED IT OUT IN THIS CASE WITH RESPECT TO THE BUNDY LOCATION?
# 337 Q: AND ONE OF THE THINGS THAT YOU HAVE TO CHECK OFF ON YOUR CRIME SCENE CHECKLIST REPORT IS "HAS THE SEEN BEEN ALTERED? IF SO, BY WHOM AND HOW"?
# 339 MR. SCHECK: ALL RIGHT. ASK THAT THIS PAGE BE MARKED DEFENDANT'S 1081.
# 341 THE CLERK: YES, YOUR HONOR.
# 343 (DEFT'S 1081 FOR ID = 1-PG DOC/CRIME SCENE CHECKLIST) # 344 Q: BY MR. SCHECK: THIS IS A COPY OF PAGE 2 OF YOUR BUNDY CRIME SCENE CHECKLIST REPORT?
# 346 MR. SCHECK: ALL RIGHT. I WOULD LIKE TO PUT THIS ON THE ELMO, YOUR HONOR.
# 347 THE COURT: YES. MR. HARRIS.
# 349 Q: BY MR. SCHECK: NOW, WHAT WE SEE ON THE ELMO -- GO BACK A LITTLE. WHAT WE SEE ON THE ELMO IS THAT QUESTION THAT YOU HAVE TO FILL OUT "HAS THE SCENE BEEN ALTERED? IF SO, BY WHOM AND HOW," CORRECT?
# 350 A: THAT IS WHAT IT SAYS.
# 351 Q: AND IF THE SEEN HAS BEEN ALTERED THERE IS 1, 2, 3 LINES FOR YOU TO WRITE IN WHAT HAPPENED, RIGHT?
# 353 Q: THAT IS BECAUSE IT IS CONSIDERED VERY IMPORTANT THAT THE CRIMINALIST DOCUMENT WHETHER OR NOT THE SCENE HAS BEEN ALTERED FROM ITS ORIGINAL CONDITION?
# 354 A: WHAT DO YOU MEAN BY VERY IMPORTANT?
# 355 Q: WELL, IT IS IMPORTANT ENOUGH TO HAVE AT LEAST THREE LINES ON THIS CHECKLIST REPORT TO MAKE SURE YOU FILL IT OUT IF YOU DISCOVER OR YOU SUSPECT THAT THE SCENE HAS BEEN ALTERED?
# 356 MR. GOLDBERG: ARGUMENTATIVE AND UNINTELLIGIBLE.
# 357 THE COURT: OVERRULED.
# 358 Q: BY MR. SCHECK: DO YOU UNDERSTAND MY QUESTION, SIR?
# 359 A: THAT SPACE IS PROVIDED IF THERE IS -- FOR INSTANCE, WHEN THERE -- WHEN ITEMS ARE ALTERED, SUCH AS -- WELL, THERE ARE CERTAIN SCENES THAT ARE VERY ALTERED AND JUST MAKE NOTE OF THEM.
# 360 Q: BY MR. SCHECK: THIS ONE WAS JUST A LITTLE ALTERED?
# 361 THE COURT: SUSTAINED.
# 362 Q: BY MR. SCHECK: WELL, ON THIS BOX IS THERE NOT A QUESTION MARK?
# 364 Q: DID YOU PUT THAT IN THERE?
# 366 Q: DID MISS MAZZOLA PUT THAT IN THERE, TO YOUR KNOWLEDGE?
# 368 Q: AND THAT WAS PUT IN THERE BECAUSE YOU AND SHE SUSPECTED THAT THIS SCENE HAD BEEN ALTERED FROM THE WAY IT WAS ORIGINALLY FOUND?
# 369 MR. GOLDBERG: CALLS FOR SPECULATION.
# 370 THE COURT: SUSTAINED. ALSO CUMULATIVE.
# 371 MR. SCHECK: I'M SORRY?
# 372 THE COURT: IT IS ALSO CUMULATIVE, "YOU AND SHE."
# 373 Q: BY MR. SCHECK: DID YOU DISCUSS WITH MISS MAZZOLA WHY SHE PUT A QUESTION MARK IN THAT BOX?
# 374 A: I THINK SHE ASKED ME WHAT TO PUT IN THAT BOX AND I SAID, "PUT A QUESTION MARK THERE."
KEY QUOTE # 375 Q: AND YOU SAID PUT A QUESTION MARK THERE BECAUSE YOU KNEW THAT WHEN MR. GOLDMAN'S BODY HAD BEEN DRAGGED THROUGH THE EVIDENCE THAT THE GLOVE HAD BEEN MOVED, THE ENVELOPE HAD BEEN MOVED AND SOMEBODY PUT IT BACK INTO THE PLACE WHERE THEY THOUGHT IT WAS ORIGINALLY?
# 377 Q: ISN'T THAT RIGHT?
# 379 Q: NOW, MR. FUNG, YOU HAVE DESCRIBED TWO METHODS FOR COLLECTING ITEMS THAT CONTAIN POSSIBLE BIOLOGICAL MATERIAL, OTHER THAN BLOOD DROPS?
# 380 A: EXCUSE ME? WOULD YOU REPEAT THAT.
# 381 Q: WELL, YOU HAVE TOLD US THAT THERE ARE TWO METHODS THAT YOU USE TO COLLECT ITEMS AT A CRIME SCENE OTHER THAN BLOOD DROPS, ONE INVOLVING GLOVES?
# 383 Q: ALL RIGHT. THAT IS WHERE YOU WOULD PICK UP THE ITEM WEARING GLOVES AND PUT IT INTO A BAG, FOR EXAMPLE?
# 385 Q: AND THE SECOND METHOD THAT YOU DESCRIBED FOR US IS SOMETHING THAT YOU CALL THE SCOOP TECHNIQUE?
# 387 Q: AND THE SCOOP TECHNIQUE IS A METHOD WHERE YOU TAKE A CARD OR A PENCIL AND YOU SCOOP THE OBJECT INTO A BAG?
# 389 Q: AND WHEN YOU DO THE SCOOP TECHNIQUE YOU DO NOT TOUCH THE OBJECT WITH YOUR BARE HANDS?
# 391 Q: AND WHEN YOU ARE COLLECTING ANY ITEM THAT CAN LATER BE DUSTED FOR FINGERPRINTS, YOU WOULD CERTAINLY NOT TOUCH THAT ITEM WITH YOUR BARE HANDS?
# 393 Q: YES. DO YOU WANT ME TO REPEAT THAT?
# 395 Q: WHEN YOU ARE COLLECTING AN ITEM WHICH COULD CONTAIN FINGERPRINTS FROM THE PERPETRATOR OR PERPETRATORS OF A CRIME, YOU WOULD NOT TOUCH THAT ITEM WITH YOUR BARE HANDS, WOULD YOU, WHEN COLLECTING IT?
# 396 A: I WOULD TRY NOT TO.
# 397 Q: WELL, YOU SAID YOU WOULD TRY NOT TO. IT WOULD BE WRONG TO DO THAT, WOULDN'T IT?
# 398 A: IF IT WAS FOR PRINTS, YES.
# 399 Q: AND IN THIS CASE THE ENVELOPE THAT WE SAW FOUND AT BUNDY THAT CONTAINED THE PRESCRIPTION GLASSES, IT HAD BLOOD SPATTER ON IT?
# 400 A: IS THAT A QUESTION?
# 402 A: I DIDN'T LOOK AT THE --
# 403 Q: YOU DIDN'T NOTICE?
# 404 A: I DIDN'T LOOK AT THE GLASSES THAT CLOSELY.
# 406 A: I LOOKED AT THE ENVELOPE.
# 407 Q: I'M ASKING ABOUT THE ENVELOPE. DID THE ENVELOPE THAT CONTAINED THE PRESCRIPTION GLASSES HAVE BLOOD SPATTER ON IT?
# 408 A: THERE WAS A BLOOD PATTERN ON IT.
# 409 Q: AND IT HAD SHOE IMPRESSIONS ON IT, DID IT NOT?
# 410 A: I DON'T RECALL, BUT I DO REMEMBER THERE WAS SOME TYPE OF BLOOD ON THE ENVELOPE.
# 411 Q: YOU DON'T RECALL THAT IT HAD SHOE IMPRESSIONS ON IT?
# 412 MR. GOLDBERG: ASSUMES A FACT NOT IN EVIDENCE.
# 413 DENNIS FUNG: I DON'T RECALL THAT.
# 414 THE COURT: OVERRULED.
# 415 Q: BY MR. SCHECK: DO YOU RECALL THAT THE ENVELOPE WAS TORN AT THE TOP?
# 417 Q: DID IT OCCUR TO YOU THAT ONE OF THE KILLERS COULD HAVE MISTAKENLY BELIEVED THAT SOMETHING OTHER THAN GLASSES WAS IN THAT ENVELOPE AND GRAB FOR IT?
# 418 MR. GOLDBERG: IRRELEVANT, CALLS FOR SPECULATION.
# 419 THE COURT: CALLS FOR SPECULATION. SUSTAINED.
# 420 Q: BY MR. SCHECK: WHEN YOU WERE AT THE CRIME SCENE ON JUNE 13TH WERE YOU INTERESTED IN THE POSSIBILITY THAT ONE OF THE KILLERS WOULD HAVE GRABBED OR PULLED AT THAT ENVELOPE AND TOUCHED IT WHILE STRUGGLING WITH MR. GOLDMAN?
# 421 MR. GOLDBERG: IRRELEVANT, ASSUMES FACTS NOT IN EVIDENCE, CALLS FOR SPECULATION.
# 422 THE COURT: SUSTAINED.
# 423 Q: BY MR. SCHECK: WHEN YOU WERE AT THE CRIME SCENE ON JUNE 13TH AND YOU SAW THAT ENVELOPE, DID YOU CONSIDER THE POSSIBILITY THAT THE ENVELOPE MIGHT HAVE FINGERPRINTS ON IT FROM ONE OF THE KILLERS?
# 424 MR. GOLDBERG: IRRELEVANT, CALLS FOR SPECULATION.
# 425 THE COURT: OVERRULED.
# 426 MR. GOLDBERG: ASSUMES FACTS NOT IN EVIDENCE ALSO, YOUR HONOR.
# 427 THE COURT: OVERRULED.
# 428 MR. GOLDBERG: YOUR HONOR, CAN THE COURT REREAD THE QUESTION?
# 429 THE COURT: KILLER OR KILLERS.
# 430 Q: BY MR. SCHECK: KILLER OR KILLERS?
# 431 A: KILLER OR KILLERS? IT COULD HAVE HAD FINGERPRINTS ON THE -- THERE COULD HAVE BEEN FINGERPRINTS ON THE ENVELOPE.
# 432 Q: AND YOU THOUGHT ABOUT THAT THEN?
# 434 Q: DID YOU TOUCH THAT ENVELOPE WITH YOUR BARE HANDS WHILE COLLECTING IT, MR. FUNG?
# 436 Q: ARE YOU SURE OF THAT?
# 438 Q: NO QUESTION ABOUT IT IN YOUR MIND?
# 440 Q: DO YOU RECALL ANDREA MAZZOLA KNEELING ON THE GROUND AND PASSING YOU THAT ENVELOPE WHICH YOU GRASPED WITH AN UNGLOVED BARE HAND?
# 442 MR. SCHECK: YOUR HONOR, I WOULD LIKE TO SHOW THE PROSECUTION SOME VIDEOTAPE.
# 443 THE COURT: HAVE YOU SEEN THIS ALREADY?
# 444 MR. SCHECK: YES. IT IS ON THEIR TAPE, YOUR HONOR, BUT I'M NOT SURE THAT THEY NECESSARILY HAVE SEEN IT.
# 445 THE COURT: HOW LONG IS THE CLIP?
# 446 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 447 MR. HARRIS: THREE OR FOUR SECONDS.
# 448 THE COURT: ALL RIGHT. SHOW IT TO COUNSEL.
# 449 MR. SCHECK: YOUR HONOR, MY SUGGESTION IS THAT WE SHOW IT A FEW TIMES AND SHOW IT IN A SLOW MOTION.
# 450 THE COURT: SHOW IT TO COUNSEL FIRST, PLEASE.
# 451 (A VIDEOTAPE WAS SHOWN TO COUNSEL.) # 452 MR. SCHECK: DO YOU WANT TO SEE IT AGAIN?
# 453 (A VIDEOTAPE WAS SHOWN TO COUNSEL.) # 454 MR. SCHECK: MR. HARRIS, WHY DON'T YOU SHOW THEM THE STILL THAT WE WILL SHOW NEXT. YOUR HONOR, THIS IS ON THE TAPE THAT HAS BEEN PROVIDED TO THE COURT AND THE DISTRICT ATTORNEY.
# 455 MR. GOLDBERG: YOUR HONOR, I ASK THAT ALL COMMENTS BE STRICKEN. THOSE AREN'T PROPER.
# 456 THE COURT: OVERRULED.
# 458 THE COURT: ALL RIGHT. COUNSEL HAVE HAD THE OPPORTUNITY. I THOUGHT WE HAD AGREEMENT, HOWEVER, THAT WE SHOW EACH OTHER THESE THINGS BEFORE WE START THE SESSION. ALL RIGHT. LET'S PROCEED.
# 459 MR. SCHECK: YOUR HONOR, WITH PERMISSION, I WOULD LIKE TO SHOW THIS PARTICULAR CLIP THREE OR FOUR TIMES, ONCE IN SLOW MOTION, AND THEN THE STILL.
# 460 THE COURT: ALL RIGHT. DO YOU WANT TO MARK THIS AS DEFENSE 1082?
# 461 (DEFT'S 1082 FOR ID = VIDEOTAPE) # 462 Q: BY MR. SCHECK: MR. FUNG, I WOULD LIKE YOU TO WATCH THIS TAPE VERY, VERY CAREFULLY WITH THE JURY. WE ARE GOING TO SHOW IT TO YOU THREE OR FOUR TIMES IN REAL TIME AND THEN WE WILL SHOW IT TO YOU IN SLOW MOTION AND THEN WE WILL SHOW YOU A STILL.
# 463 (AT 9:58 A.M., DEFENSE EXHIBIT 1082, A VIDEOTAPE, WAS PLAYED.) # 464 MR. SCHECK: LET'S SHOW IT AGAIN IN REAL TIME.
# 465 (DEFENSE EXHIBIT 1082 WAS AGAIN PLAYED.) # 466 MR. SCHECK: SHOW IT AGAIN IN REAL TIME.
# 467 (DEFENSE EXHIBIT 1082 WAS AGAIN PLAYED.) # 468 MR. SCHECK: CAN WE SHOW IT NOW IN SLOW MOTION.
# 469 (DEFENSE EXHIBIT 1082 WAS AGAIN PLAYED.) # 470 MR. SCHECK: DO YOU WANT TO SEE THAT AGAIN IN SLOW MOTION, MR. FUNG?
# 471 DENNIS FUNG: I DON'T NEED TO SEE IT IN SLOW MOTION.
# 472 MR. SCHECK: ALL RIGHT. COULD WE NOW SHOW A STILL.
# 473 (A STILL PHOTOGRAPH WAS SHOWN.) # 474 Q: BY MR. SCHECK: ALL RIGHT. MR. FUNG, THAT IS YOU GETTING THE PRESCRIPTION ENVELOPE FROM ANDREA MAZZOLA AND GRASPING IT IN YOUR BARE HAND, ISN'T IT?
# 476 Q: WELL, WHAT IS THAT, MR. FUNG?
# 477 A: IT COULD BE ANY NUMBER OF THINGS.
KEY QUOTE # 478 Q: THAT IS NOT YOU -- IS NOT MISS MAZZOLA IN THE POSITION WHERE THE ENVELOPE WAS ON THE GROUND?
# 479 MR. GOLDBERG: CALLS FOR SPECULATION.
# 480 THE COURT: SUSTAINED.
# 481 Q: BY MR. SCHECK: IS SHE IN THAT AREA?
# 482 A: SHE IS -- I CAN'T TELL FROM THIS CLIP WHERE EXACTLY WE WERE.
# 483 Q: YOU CAN'T TELL THAT YOU ARE -- FROM THIS CLIP THAT YOU ARE AT THE BUNDY LOCATION IN THE AREA WHERE THE ENVELOPE WAS SEEN ON THE PHOTOGRAPHS?
# 484 A: I DON'T KNOW THAT THAT IS EXACTLY WHERE WE WERE, NO.
# 485 Q: YOU ARE NOT IN AND AROUND THAT AREA?
# 486 A: WE MAY HAVE BEEN AROUND THAT AREA.
# 487 Q: IF THAT IS NOT YOU GRASPING THE ENVELOPE WITH THE PRESCRIPTION GLASSES WITH YOUR BARE HAND, WHAT, PRAY TELL, IS IT?
# 488 A: WE CAN ALWAYS HAVE THE ENVELOPE PRINTED, AND IF MY FINGERPRINTS ARE ON THERE, THEN IT IS, BUT I KNOW THAT MY FINGERPRINTS ARE NOT ON THAT ENVELOPE.
KEY QUOTE # 489 Q: THAT IS NOT YOU GRASPING IT WITH YOUR BARE HANDS?
# 491 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 492 MR. SCHECK: YOUR HONOR, COULD WE HAVE THE ENVELOPE PRODUCED?
# 493 THE COURT: YES. WHAT NUMBER IS THAT, MR. SCHECK?
# 494 MR. SCHECK: I WILL HAVE TO LOOK. I'M SURE IT IS A PROSECUTION EXHIBIT.
# 495 THE COURT: MRS. ROBERTSON, DO YOU KNOW THE NUMBER?
# 497 MR. SCHECK: IT IS NO. 32.
# 499 MR. SCHECK: MAY I APPROACH?
# 500 THE COURT: YOU MAY.
# 501 Q: BY MR. SCHECK: MR. FUNG, CAN YOU SEE THAT ENVELOPE IN THE BAG?
# 503 Q: NOW, THE OTHER ITEMS OF EVIDENCE THAT YOU COLLECTED IN THE BUNDY SCENE, WEREN'T THEY PUT INTO COIN ENVELOPES IF THEY WERE BLOOD DROPS?
# 505 Q: AND THE PAGER WAS PUT INTO A BAG?
# 506 (NO AUDIBLE RESPONSE.) # 507 Q: WHY DON'T YOU TAKE OUT YOUR EVIDENCE COLLECTION SHEET AND READ ALONG WITH ME. THE KEYS WENT INTO A COIN ENVELOPE, CORRECT?
# 509 Q: THE PAGER WENT INTO A COIN ENVELOPE?
# 511 Q: THAT OBJECT WE SEE YOU AND MISS MAZZOLA HANDLING IT IS NOT THE KEYS OR THE PAGER, IS IT?
# 513 Q: IT IS NOT THE GLOVE?
# 515 Q: IT IS NOT THE HAT?
# 517 Q: IT IS NOT THE RING?
# 519 Q: IT IS NOT ANY OF THE RED STAINS THAT YOU RECOVERED AT BUNDY?
# 521 Q: WELL, LOOKING AT YOUR EVIDENCE CHECKLIST, CAN YOU SUGGEST ONE THING, OTHER THAN THAT ENVELOPE, THAT WE SAW ON THAT VIDEOTAPE?
# 523 Q: A NOTE PAD MAYBE. WHICH NOTE PAD?
# 524 A: IT WOULDN'T BE EVIDENCE; IT WOULD BE SOMETHING THAT WE USED TO TAKE NOTES.
# 525 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 526 THE COURT: FOR THE RECORD, MR. SCHECK, WHAT ARE WE DOING?
# 527 MR. SCHECK: WE ARE LOOKING AT IT THREE MORE TIMES.
# 528 THE COURT: THIS IS 1082?
# 530 (DEFENSE EXHIBIT 1082, A VIDEOTAPE, WAS PLAYED.) # 531 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 532 MR. SCHECK: AND NOW WE HAVE THE STILL.
# 533 (A STILL PHOTOGRAPH WAS DISPLAYED.) # 534 Q: BY MR. SCHECK: LOOKING AT THAT STILL AND HERE IF YOU WANT, WE HAVE A PRINTOUT FROM THE ELMO, ARE YOU TELLING US THAT THAT IS A NOTE PAD AND NOT THE ENVELOPE?
# 535 A: I'M SAYING IT COULD BE ANYTHING, BUT IT IS NOT THE ENVELOPE HERE.
# 536 Q: WELL, WOULD YOU AGREE THAT IT IS NOT ANY OTHER ITEM OF EVIDENCE THAT YOU COLLECTED AT THE SCENE? COULDN'T BE ANY OTHER ITEM OF EVIDENCE EXCEPT FOR THAT PRESCRIPTION ENVELOPE, RIGHT?
# 537 MR. GOLDBERG: WAIT A MINUTE. I WOULD OBJECT.
# 539 MR. GOLDBERG: THAT IS ARGUMENTATIVE, ASSUMES FACTS NOT IN EVIDENCE.
# 540 THE COURT: SUSTAINED.
# 541 Q: BY MR. SCHECK: IS THERE ANY OTHER ITEM OF EVIDENCE THAT YOU COLLECTED AT BUNDY THAT YOU COULD BE HANDING MISS MAZZOLA?
# 542 MR. GOLDBERG: SAME OBJECTION, YOUR HONOR.
# 543 THE COURT: OVERRULED.
# 544 DENNIS FUNG: I DON'T KNOW WHAT TIME FRAME THIS STILL WAS TAKEN, SO I CAN'T GIVE YOU AN ACCURATE --
# 545 Q: BY MR. SCHECK: THAT IS A PICTURE OF MR. JACOBO AND MISS RATCLIFFE?
# 547 Q: THEY ARE FROM THE CORONER'S OFFICE?
# 548 MR. GOLDBERG: WELL, NOW COUNSEL IS TESTIFYING. MOTION TO STRIKE.
# 549 THE COURT: THAT IS TRUE. REPHRASE THE QUESTION.
# 550 Q: BY MR. SCHECK: ARE THEY FROM THE CORONER'S OFFICE?
# 552 Q: AND THEY WERE AT THE SCENE WHEN YOU ARRIVED?
# 554 Q: AND THEY LEFT AT ABOUT 11:15, AS I RECALL?
# 556 Q: SO IT HAS GOT TO BE BETWEEN THE TIME THAT YOU FIRST ARRIVED AT THE SCENE AND THE TIME THAT THE CORONERS LEFT?
# 558 Q: ARE YOU TESTIFYING THAT THAT IS NOT THE ENVELOPE?
# 559 MR. GOLDBERG: YOUR HONOR, IT IS ARGUMENTATIVE. ASKED AND ANSWERED.
# 560 THE COURT: SUSTAINED.
# 561 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 562 MR. SCHECK: YOUR HONOR, MR. HARRIS ADVISES ME THAT PERHAPS WE COULD PLAY IT ONE MORE TIME IN SLOW MOTION AND HE THINKS HE CAN GET A BETTER STILL.
# 563 THE COURT: ALL RIGHT. WHY DON'T YOU TRY IT.
# 564 (DEFENSE EXHIBIT 1082, A VIDEOTAPE, WAS PLAYED.) # 565 THE COURT: I THINK WE NEED TO START THE SLOMO SOONER THAN THAT. START AT THE BEGINNING. WELL, WE ARE GOING BACKWARDS AT THIS POINT. HOW ABOUT SOME MORE? NO, BACKWARDS, BACKWARDS, BACKWARDS.
# 566 MR. SCHECK: THERE. THERE.
# 567 Q: HOW ABOUT THAT, MR. FUNG?
# 568 THE COURT: IS THAT A QUESTION, MR. SCHECK?
# 570 Q: HOW ABOUT THAT PICTURE, MR. FUNG, DOES THAT REFRESH YOUR RECOLLECTION THAT YOU TOOK THE ENVELOPE FROM ANDREA MAZZOLA WITH YOUR BARE HAND?
# 571 A: WHEN YOU POINTED OUT THE TIME FRAME, IT MAKES IT EVEN MORE SURE IN MY MIND THAT THAT IS NOT THE ENVELOPE, BECAUSE WE DID NOT START PICKING UP EVIDENCE UNTIL WELL AFTER THE CORONERS WERE GONE.
# 572 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.) # 573 THE COURT: ALL RIGHT. MR. HARRIS, DO YOU HAVE THAT FRAME?
# 574 MR. HARRIS: YES, YOUR HONOR, I DO.
# 575 THE COURT: ALL RIGHT. THAT WILL BE 1082-A PRINTOUT.
# 576 (DEFT'S 1082-A FOR ID = PHOTOGRAPH) # 577 Q: BY MR. SCHECK: ARE YOU SAYING THAT IS A NOTE PAD?
# 578 A: I'M SAYING I'M NOT SURE WHAT IT IS, BUT I KNOW IT IS NOT THAT ENVELOPE.
# 579 Q: DO YOU SEE WHERE THERE IS A SLIGHT -- THAT OBJECT THAT MISS MAZZOLA HAD IN HER HAND, IT APPEARS TO HAVE A CERTAIN FULLNESS TO IT?
# 580 A: I CAN'T TELL FROM THE VIDEO, NO.
# 581 Q: YOU CAN'T TELL? YOUR HONOR, WITH THE COURT'S PERMISSION, RATHER THAN HAVE THE JURY TOUCH IT, BUT I WOULD ASK THAT THIS BAG THAT CONTAINS THE ENVELOPE BE PASSED THROUGH THE JURY SO THAT THEY CAN LOOK AT IT.
# 582 THE COURT: ALL RIGHT. HAND IT TO JUROR NO. 1, PLEASE.
# 583 (THE BAG CONTAINING THE GLASSES ENVELOPE WAS PASSED AMONGST THE JURY.) # 585 MR. SCHECK: YOUR HONOR, I WOULD ASK THAT THE LATEST STILL BE MARKED AS DEFENDANT'S --
# 586 MR. COCHRAN: 1082-A.
# 587 MR. SCHECK: AND I ASK THAT THIS BE PASSED TO THE JURY.
# 588 THE COURT: I THOUGHT WE DID THAT ALREADY.
# 589 MR. SCHECK: NO, THE NEW ONE.
# 590 THE COURT: EXCUSE ME, COUNSEL. YOU NEED MY PERMISSION BEFORE YOU HAND SOMETHING TO ANY JUROR.
# 591 MR. SCHECK: I'M SORRY. I THOUGHT YOU SAID YES. MY APOLOGIES.
# 592 THE COURT: NO, NO. LET ME SEE IT FIRST.
# 594 THE COURT: WELCOME TO CALIFORNIA. HE ASKED ME FOR THE NUMBER. HE DIDN'T ASK ME DIRECTLY AND CLEARLY FOR PERMISSION TO HAND IT TO THE JURY, MR. COCHRAN.
KEY QUOTE # 595 MR. COCHRAN: LINE 15.
# 596 THE COURT: I DIDN'T HEAR IT.
# 597 (DEFENSE EXHIBIT 1082-A WAS PASSED AMONGST THE JURY.) # 598 THE COURT: ALL RIGHT. DEPUTY RUSSELL, WOULD YOU TRANSMIT THAT BACK TO THE CLERK. MR. SCHECK, WOULD YOU COLLECT THAT FROM DEPUTY RUSSELL.
# 601 THE COURT: ALL RIGHT. MR. SCHECK, WOULD YOU COLLECT THAT FROM DEPUTY RUSSELL, PLEASE.
# 602 MR. SCHECK: THANK YOU, YOUR HONOR.
# 604 THE COURT: ALL RIGHT. WOULD THIS BE AN APPROPRIATE PLACE TO BREAK? I NEED TO CHANGE COURT REPORTERS.
# 606 THE COURT: ALL RIGHT. LADIES AND GENTLEMEN, WE ARE GOING TO TAKE A BRIEF RECESS. PLEASE REMEMBER ALL MY ADMONITIONS TO YOU. DON'T DISCUSS THE CASE AMONG YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DO NOT ALLOW ANYBODY TO COMMUNICATE WITH YOU WITH REGARD TO THE CASE, DO NOT CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU. WE WILL TAKE A 15-MINUTE RECESS. THANK YOU.