Cross-examination of Dennis Fung (part 5)

📄 Cross-examination of Dennis Fung (part 5) — Tuesday, April 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\11\CROSS-EXAMINATION-OF-DENNIS-FU.DOC

TRIAL

▲ Day 54 of 167

◀ Sidebar: cross-examination scope Phenolphthalein discussion ▶

Witness: Dennis Fung
Examiner: Barry Scheck
Called by: Prosecution • Date: Tuesday, April 11, 1995 • Utterances: 212

Barry Scheck continued his methodical cross-examination of LAPD criminalist Dennis Fung, focusing on the complete absence of blood evidence found during the June 13th search of O.J. Simpson's Rockingham residence — no blood on the stairwell carpet, hallway, bedroom carpet, doorknobs, light switches, or in the sink trap. Scheck then zeroed in on the socks found in front of Simpson's bed, pressing Fung on whether he examined the ankle areas closely on the day of collection and whether prosecutors had coached him to say he hadn't looked carefully.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. PROCEED.

# 3 Q:

BY MR. SCHECK: MR. FUNG, LET ME TAKE YOU BACK TO THE -- TO JUNE 13TH. YOU BEGAN YOUR DAY BY CONDUCTING A SEARCH AT ROCKINGHAM?

# 4 A:

YES.

# 5 Q:

AND THEN YOU LEFT AND WENT TO BUNDY?

# 6 A:

YES.

# 7 Q:

THEN YOU CAME BACK TO ROCKINGHAM?

# 8 A:

YES.

# 9 Q:

AND WHEN YOU CAME BACK TO ROCKINGHAM, ABOUT WHAT TIME WAS THAT?

# 10 A:

APPROXIMATELY 3:30.

# 11 Q:

AND -- EXCUSE ME. YOUR INSTRUCTIONS WHEN YOU CAME BACK TO ROCKINGHAM WAS TO PARTICIPATE IN THE EXECUTION OF THE SEARCH WARRANT?

# 12 A:

YES.

# 13 Q:

TO PARTICIPATE IN A SEARCH?

# 14 A:

YES.

# 15 Q:

AND YOU HAD JUST COME FROM A VERY BLOODY CRIME SCENE AT BUNDY?

# 16 A:

YES.

# 17 Q:

AND WHEN YOU CAME BACK TO ROCKINGHAM YOU WERE LOOKING FOR, IF COULD YOU FIND IT, BLOODY SHOES?

# 18 A:

UPON RETURNING TO ROCKINGHAM WE WERE LOOKING FOR ANY ITEMS THAT COULD HAVE POSSIBLE BLOOD ON THEM.

# 19 Q:

AND THAT WOULD INCLUDE BLOODY SHOES?

# 20 A:

YES.

# 21 Q:

IT WOULD INCLUDE BLOODY PANTS?

# 22 A:

YES.

# 23 Q:

IT WOULD INCLUDE A BLOODY SHIRT?

# 24 A:

YES.

# 25 Q:

IT WOULD INCLUDE LOOSE HAIRS THAT YOU MIGHT FIND THAT WERE COVERED IN BLOOD?

# 26 A:

AGAIN, WE WERE LOOKING FOR ITEMS WITH BLOOD ON THEM.

# 27 Q:

WELL, THAT WOULD INCLUDE HAIRS THAT MIGHT BE COVERED IN BLOOD?

# 28 A:

POSSIBLY.

# 29 Q:

THAT WOULD INCLUDE FIBERS THAT MIGHT BE COVERED IN BLOOD?

# 30 A:

POSSIBLY.

# 31 Q:

THAT WOULD INCLUDE FLAKES OF DRY BLOOD?

# 32 A:

YES.

# 33 Q:

ANY TRACE, THE SMALLEST TRACE OF BLOOD EVIDENCE YOU WERE SEARCHING FOR WITHIN MR. SIMPSON'S RESIDENCE?

# 34 A:

WE WERE SEARCHING FOR ITEMS OF BLOOD.

# 35 Q:

AND THAT WOULD INCLUDE THE SMALLEST TRACE OF BLOOD YOU COULD FIND ANYWHERE IN MR. SIMPSON'S RESIDENCE?

# 36 A:

NO. NOT THE SMALLEST TRACE, NO.

# 37 Q:

NOT THE SMALLEST TRACE?

# 38 A:

NO.

# 39 Q:

WELL, WHEN YOU ENTERED MR. SIMPSON'S RESIDENCE IN ROCKINGHAM AND WENT UP TOWARD THE MASTER BEDROOM, YOU HAD TO GO UP A STAIRWELL?

# 40 A:

YES.

# 41 Q:

AND THERE ARE SIXTEEN STEPS ON THAT STAIRWELL?

# 42 A:

I DIDN'T COUNT THEM.

# 43 Q:

SOMETHING ON THAT ORDER?

# 44 A:

SOMETHING AROUND THERE, YES.

# 45 Q:

AND THOSE STEPS ARE COVERED IN A WHITE CARPET?

# 46 A:

I DON'T RECALL WHAT THE STEPS WERE COVERED IN.

# 47 Q:

WELL, IT WAS A LIGHT-COVERED (SIC) CARPET?

# 48 A:

I DON'T RECALL.

# 49 Q:

YOU DON'T RECALL? WELL, WHEN YOU WENT UP TOWARDS MR. SIMPSON'S MASTER BEDROOM, UP THAT STAIRWELL, YOU WERE LOOKING FOR TRACES OF BLOOD, IF YOU COULD FIND IT, ON THE GROUND?

# 50 A:

ALL OVER THAT AREA, YES.

# 51 Q:

AND YOU FOUND NO TRACE OF WET BLOOD ON THAT CARPET?

# 52 A:

THAT'S CORRECT.

# 53 Q:

YOU FOUND NO FLAKES OF DRIED BLOOD ON THAT WHITE CARPET?

# 54 A:

THAT'S CORRECT.

# 55 Q:

YOU FOUND NO HAIRS OR FIBERS COVERED IN WET OR DRIED BLOOD ON THAT CARPET?

# 56 A:

THAT'S CORRECT.

# 57 Q:

AND THEN YOU PROCEEDED UP THOSE STAIRS AND YOU WALKED DOWN A HALLWAY TOWARD THE MASTER BEDROOM?

# 58 A:

YES.

# 59 Q:

AND THAT WAS COVERED IN THE SAME KIND OF CARPET?

# 60 A:

I DON'T RECALL THE CARPET OR WHAT KIND OF CARPET WAS THERE.

# 61 Q:

YOU SAW NO TRACE OF WET BLOOD ON THAT CARPET?

# 62 A:

NO.

# 63 Q:

OF DRIED FLAKING BLOOD ON THAT CARPET?

# 64 A:

THAT'S CORRECT.

# 65 Q:

ON THE BANISTER OR THE WALLS OF THAT STAIRWELL DID YOU SEE ANY TRACE OF WET OR DRIED BLOOD?

# 66 A:

I DID NOT DETECT ANY BLOOD ON THAT AREA.

# 67 Q:

AND YOU WOULD BE LOOKING -- YOU WERE LOOKING, WHEN YOU WENT UP THAT STAIRWELL, FOR ANY HAIR OR FIBER EVIDENCE THAT COULD BE ASSOCIATED WITH THE BUNDY SCENE?

# 68 A:

NOT FIBER EVIDENCE, NO.

# 69 Q:

HAIR EVIDENCE?

# 70 A:

IF IT WAS APPARENT I WOULD HAVE SCENE IT.

# 71 Q:

NONE APPARENT?

# 72 A:

THAT'S CORRECT.

# 73 Q:

NONE THAT YOU COULD SEE?

# 74 A:

NONE THAT I DETECTED.

# 75 Q:

NONE THAT MISS MAZZOLA BROUGHT TO YOUR ATTENTION?

# 76 A:

THAT'S CORRECT.

# 77 Q:

NONE THAT ANY OF THE DETECTIVES BROUGHT TO YOUR ATTENTION?

# 78 A:

THAT'S CORRECT.

# 79 Q:

AND THEN YOU GOT TO MR. SIMPSON'S MASTER BEDROOM?

# 80 A:

YES.

# 81 Q:

AND YOU WERE LOOKING FOR BLOODY CLOTHING IN MR. SIMPSON'S MASTER BEDROOM?

# 82 A:

YES.

# 83 Q:

BLOODY TOWELS?

# 84 A:

ANY OBJECT WITH BLOOD ON IT.

# 85 Q:

BLOODY BED SHEETS?

# 86 A:

POSSIBLY, YES.

# 87 MR. SCHECK:

YOUR HONOR, I WOULD LIKE TO HAVE THIS PICTURE MARKED AS DEFENDANT'S NEXT IN ORDER.

# 88 THE CLERK:

1089.

# 89 THE COURT:

1089.

# 90 (DEFT'S 1089 FOR ID = PHOTOGRAPH)

# 91 MR. GOLDBERG:

1089, YOUR HONOR?

# 92 MR. SCHECK:

YES, AND ANOTHER ONE THAT I WOULD ASK TO BE MARKED AS 1090.

# 93 THE COURT:

ALL RIGHT. PHOTO 1090.

# 94 (DEFT'S 1090 FOR ID = PHOTOGRAPH)

# 95 Q:

BY MR. SCHECK: OKAY. I SHOW YOU THESE TWO PHOTOGRAPHS, MR. FUNG. DO YOU RECOGNIZE 1089 AND 1090?

# 96 A:

THAT APPEARS TO BE THE ROCKINGHAM ADDRESS STAIRWELL AND HALLWAY LEADING TO THE MASTER BEDROOM.

# 97 Q:

IS IT A FAIR AND ACCURATE REPRESENTATION OF THE GENERAL LAYOUT OF THE STAIRWELL AND THE HALLWAY LEADING TO THE MASTER BEDROOM AS YOU SAW IT ON JUNE 14TH?

# 98 A:

WAS IT JUNE 14TH?

# 99 Q:

AS IT WAS ON JUNE -- JUNE 13TH, I'M SORRY?

# 100 A:

ON JUNE 13TH THAT IS FAIRLY ACCURATE, YES.

# 101 THE COURT:

ALL RIGHT. MR. SCHECK, IS 89 THE STAIRWELL AND 90 THE HALLWAY?

# 102 MR. SCHECK:

YES.

# 103 THE COURT:

ALL RIGHT.

# 104 MR. SCHECK:

JUST BRIEFLY SHOW THOSE ON THE ELMO, YOUR HONOR.

# 105 Q:

THAT IS 1089. THAT IS THE STAIRWELL, IS IT NOT, MR. FUNG?

# 106 A:

YES.

# 107 Q:

AND WOULD YOU AGREE THAT IS A WHITE OR LIGHT-COLORED CARPET?

# 108 A:

IT IS A LIGHT-COLORED CARPET.

# 109 Q:

AND NOW SHOWING YOU 1090, SIR, AND THAT IS THE SAME KIND OF CARPET LEADING INTO THE MASTER BEDROOM?

# 110 A:

IT APPEARS TO BE.

# 111 Q:

NOW, WHEN YOU ENTERED THE MASTER BEDROOM, I THINK YOU WERE SAYING YOU WERE LOOKING FOR BLOODY CLOTHES?

# 112 A:

THOSE WERE AMONG THE ITEMS OF EVIDENCE WE WERE LOOKING FOR, YES.

# 113 Q:

AND THE TRUTH IS, SIR, THAT ON JUNE 13TH YOU FOUND NO BLOOD ON ANY CLOTHES IN MR. SIMPSON'S BEDROOM?

# 114 A:

I PERSONALLY FOUND BLOOD ON ANY CLOTHES?

# 115 Q:

YES.

# 116 A:

I DID NOT DETECT BLOOD ON ANY OF THE CLOTHES, NO.

# 117 Q:

AND DID YOU DETECT ANY BLOOD ON LIGHT SWITCHES?

# 118 A:

NO.

# 119 Q:

DOORKNOBS?

# 120 A:

NO.

# 121 Q:

DID YOU CONDUCT A SEARCH OF THE SINK TRAP IN MR. SIMPSON'S MASTER BEDROOM?

# 122 A:

YES, I DID.

# 123 Q:

AND DID YOU PERFORM A PHENOLPHTHALEIN PRESUMPTIVE TEST ON THE SINK TRAP ON MR. SIMPSON'S MASTER BEDROOM?

# 124 A:

YES.

# 125 MR. GOLDBERG:

OBJECT ON THE GROUND PREVIOUSLY STATED.

# 126 THE COURT:

NOTED. OVERRULED.

# 127 Q:

BY MR. SCHECK: AND THAT TEST CAME OUT NEGATIVE FOR BLOOD OR FOR THE PRESENCE OF BLOOD?

# 128 A:

THAT'S CORRECT.

# 129 Q:

NOW, YOU SAW TWO SOCKS IN FRONT OF MR. SIMPSON'S BED?

# 130 A:

YES, I DID.

# 131 Q:

AND THESE SOCKS WERE PLACED RIGHT IN FRONT OF HIS BED?

# 132 A:

THEY WERE IN THE MIDDLE OF A THROW RUG AREA.

# 133 Q:

UH-HUH. AND DID THEY HAVE THE APPEARANCE TO YOU THAT SOMEONE HAD JUST LEFT THEM THERE HURRIEDLY?

# 134 MR. GOLDBERG:

CALLS FOR SPECULATION, YOUR HONOR.

# 135 THE COURT:

SUSTAINED.

# 136 Q:

BY MR. SCHECK: WELL, AS YOU SAW THOSE SOCKS DID THE THOUGHT CROSS YOUR MIND THAT THEY LOOKED LIKE SOCKS THAT HAD BEEN LEFT THERE BY SOMEONE IN A HURRY, RIGHT IN FRONT OF THE BED?

# 137 MR. GOLDBERG:

IRRELEVANT, CALLS FOR SPECULATION.

# 138 THE COURT:

SUSTAINED.

# 139 Q:

BY MR. SCHECK: COULD YOU DESCRIBE FOR US HOW THE SOCKS LAY ON THAT THROW RUG?

# 140 A:

NO. I MEAN WHAT KIND OF DESCRIPTION DO YOU WANT?

# 141 Q:

WELL, WERE THEY NEATLY FOLDED?

# 142 A:

NO, THEY WERE NOT.

# 143 Q:

DID THEY LOOK TO YOU, AT THE TIME YOU SAW THEM, AS THOUGH SOMEONE HAD JUST TAKEN THEM OFF?

# 144 MR. GOLDBERG:

CALLS FOR A CONCLUSION, YOUR HONOR.

# 145 THE COURT:

OVERRULED.

# 146 DENNIS FUNG:

THE SOCKS APPEARED OUT OF PLACE IN THE MIDDLE OF THE THROW RUG.

KEY QUOTE

# 147 Q:

BY MR. SCHECK: THEY APPEARED OUT OF PLACE?

# 148 A:

YES.

# 149 Q:

AND YOUR ATTENTION WAS DRAWN TO THEM?

# 150 A:

YES.

# 151 Q:

AND YOU KNEW IMMEDIATELY THAT THESE SOCKS MIGHT BE A CRITICAL PIECE OF EVIDENCE?

# 152 A:

I DIDN'T KNOW IF THEY WERE CRITICAL, BUT THEY WERE OUT OF PLACE.

# 153 Q:

WELL, YOU HAD JUST COME FROM A BLOODY CRIME SCENE?

# 154 A:

YES.

# 155 Q:

AND YOU HAD SEEN SHOEPRINTS IN BLOOD LEADING TO THE BACK REAR OF THAT CRIME SCENE?

# 156 A:

YES.

# 157 Q:

WEREN'T YOU VERY INTERESTED IN EXAMINING THE ANKLE AREAS OF THESE SOCKS?

# 158 A:

I COLLECTED THEM SO THAT THEY COULD BE EXAMINED, YES.

# 159 Q:

THAT IS NOT MY QUESTION. ON JUNE 13TH WHEN YOU SAW THE SOCKS, WERE YOU NOT INTERESTED IN EXAMINING THE ANKLE AREA OF THOSE SOCKS?

# 160 MR. GOLDBERG:

WHETHER HE IS INTERESTED IS IRRELEVANT.

# 161 THE COURT:

OVERRULED.

# 162 DENNIS FUNG:

I COLLECTED THE SOCKS SO THEY COULD BE ANALYZED AT A LATER DATE.

# 163 Q:

BY MR. SCHECK: I'M ASKING ABOUT YOU. WERE YOU NOT INTERESTED IN EXAMINING THE ANKLE AREAS OF THOSE SOCKS WHEN YOU SAW THEM ON JUNE 13TH?

# 164 (NO AUDIBLE RESPONSE.)

# 165 Q:

YOU?

# 166 A:

I DID NOT PERFORM A TEST ON THEM, NO.

# 167 Q:

I'M NOT ASKING YOU WHETHER YOU PERFORMED A TEST; I'M ASKING WHETHER YOU WERE INTERESTED IN EXAMINING VISUALLY THE ANKLE AREAS OF THOSE SOCKS WHEN YOU SAW THEM ON JUNE 13TH?

# 168 A:

YES.

# 169 Q:

AND YOU WERE INTERESTED IN THE ANKLE AREAS BECAUSE IT IS THE ANKLE AREAS THAT YOU WOULD MOST EXPECT TO HAVE BLOOD ON THEM IF SOMEONE HAD BEEN INVOLVED IN A BLOODY KILLING SUCH AS THE ONE YOU SAW AT THE BUNDY CRIME SCENE?

# 170 A:

NOT JUST THE ANKLE AREA, NO.

# 171 Q:

WELL, ORDINARILY WOULDN'T YOU EXPECT THE MOST BLOOD FROM A SCENE SUCH AS YOU HAD WITNESSED AT BUNDY TO BE ON THE ANKLE AREAS WHEN A PANT LEG CAME UP?

# 172 A:

THAT IS A POSSIBLE AREA THAT BLOOD COULD BE IN.

# 173 Q:

WASN'T THAT MORE LIKELY, IN YOUR MIND, TO BE AN EXPOSED AREA THAN THE HEEL OR THE SOLE?

# 174 A:

THAT WOULD DEPEND ON THE CIRCUMSTANCES.

# 175 Q:

WELL, AS YOU WERE THINKING ABOUT IT ON JUNE 13TH, WEREN'T YOU PARTICULARLY INTERESTED IN THE ANKLE AREAS?

# 176 MR. GOLDBERG:

AGAIN, IRRELEVANT.

# 177 THE COURT:

IT HAS BEEN ASKED AND ANSWERED NOW.

# 178 MR. SCHECK:

I'M SORRY, YOUR HONOR.

# 179 Q:

NOW, WHEN YOU LOOKED AT THE ANKLE AREAS OF THOSE SOCKS ON JUNE 13TH YOU DID NOT SEE A SMEAR OF BLOOD, DID YOU?

# 180 A:

I DID NOT LOOK THAT CLOSELY, SO I DIDN'T SEE ANY SMEAR OF BLOOD.

KEY QUOTE

# 181 Q:

YOU'VE HAD A NUMBER OF DISCUSSIONS WITH THE DISTRICT ATTORNEYS IN THIS CASE ABOUT YOUR TESTIMONY, HAVEN'T YOU?

# 182 A:

YES, I HAVE.

# 183 Q:

AND YOU HAVE HAD DISCUSSIONS WITH PEOPLE AT SID?

# 184 A:

YES.

# 185 Q:

AND YOU ARE AWARE THAT QUESTIONS HAVE BEEN RAISED ABOUT THE HANDLING OF THE SOCK IN THIS CASE?

# 186 MR. GOLDBERG:

OBJECTION, YOUR HONOR. THAT ASSUMES A FACT NOT IN EVIDENCE.

# 187 THE COURT:

SUSTAINED.

# 188 Q:

BY MR. SCHECK: ARE YOU AWARE THAT QUESTIONS HAVE BEEN RAISED ABOUT THE HANDLING OF THE SOCK IN THIS CASE?

# 189 A:

NO.

# 190 Q:

NO ONE HAS SAID THAT TO YOU FROM SID?

# 191 A:

NOBODY HAS.

# 192 Q:

IN YOUR DISCUSSIONS ABOUT YOUR TESTIMONY WITH PEOPLE AT SID HAS ANYBODY SUGGESTED TO YOU THAT IT MIGHT BE A GOOD IDEA TO SAY THAT YOU DIDN'T LOOK AT THOSE SOCKS VERY CAREFULLY ON JUNE 13TH?

# 193 A:

NOBODY HAS SAID THAT TO ME.

# 194 Q:

DID ANY DISTRICT ATTORNEY SUGGEST TO YOU, IN THE COURSE OF PREPARING YOU TO TESTIFY, THAT IT MIGHT BE A GOOD IDEA TO SAY THAT YOU DIDN'T LOOK VERY CAREFULLY AT THE ANKLE AREAS OF THOSE SOCKS ON JUNE 13TH?

# 195 A:

NO ONE HAD TO TELL ME TO SAY THAT. THAT IS THE TRUTH.

KEY QUOTE

# 196 Q:

OH. NOW, YOU SAW NO TRACE OF BLOOD, WET OR DRY, IN THE WHITE CARPET AREA NEAR THE SOCK IN MR. SIMPSON'S MASTER BEDROOM?

# 197 A:

I BELIEVE THE SOCKS WERE ON A THROW RUG.

# 198 Q:

I UNDERSTAND. BEFORE YOU GET TO THE THROW RUG THERE IS A CARPET AREA IN THE MASTER BEDROOM?

# 199 A:

YES.

# 200 Q:

IN THAT CARPET AREA YOU SAW NO WET BLOOD OR FLAKES OF BLOOD?

# 201 A:

THAT'S CORRECT.

# 202 Q:

ON THE LIGHT TAN THROW RUG WHERE THE SOCKS WERE, DID YOU SEE ANY FLAKES OF BLOOD AT ALL?

# 203 A:

NO.

# 204 Q:

WHEN BLOOD DRIES, IN YOUR EXPERIENCE IT DOES GET CRUSTED AND FLAKE?

# 205 A:

IT DEPENDS ON HOW MUCH BLOOD IS PRESENT.

# 206 Q:

BUT THAT HAPPENS?

# 207 A:

IT DOES HAPPEN IN CERTAIN CIRCUMSTANCES.

# 208 Q:

AND YOU WOULD BE VERY, VERY INTERESTED TO SEE EVEN A FLAKE OF BLOOD NEAR THOSE SOCKS ON THE THROW RUG ON JUNE 13TH; ISN'T THAT RIGHT?

# 209 A:

YES.

# 210 Q:

YOU MAY WANT TO TELL US, SIR, THAT YOU WEREN'T LOOKING VERY CAREFULLY AT THE SOCK, BUT YOU CERTAINLY WERE LOOKING CAREFULLY AT THAT THROW RUG?

KEY QUOTE

# 211 MR. GOLDBERG:

ARGUMENTATIVE.

# 212 THE COURT:

MR. SCHECK, WE ARE GOING TO TAKE A COURT REPORTER BREAK AT THIS POINT. LADIES AND GENTLEMEN, I'M GOING TO TAKE A 15-MINUTE RECESS TO CHANGE COURT REPORTERS. PLEASE REMEMBER ALL OF MY ADMONITIONS TO YOU. DO NOT DISCUSS THE CASE AMONGST YOURSELVES, DO NOT FORM ANY OPINIONS ABOUT THE MATTER, DO NOT ALLOW ANYONE TO COMMUNICATE WITH YOU, DO NOT CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU. WE WILL BE IN RECESS FOR FIFTEEN. MR. FUNG, YOU CAN STEP DOWN.

Temperature

tense

Key Quotes (4)

Dennis Fung

THE SOCKS APPEARED OUT OF PLACE IN THE MIDDLE OF THE THROW RUG.

Fung's own characterization that the socks seemed anomalous — language that cuts both ways, feeding the defense's planting theory.

Dennis Fung

I DID NOT LOOK THAT CLOSELY, SO I DIDN'T SEE ANY SMEAR OF BLOOD.

Fung admits he didn't closely examine the ankle areas of the socks on June 13th — the area where blood was later found and the defense claims blood was planted.

Dennis Fung

NO ONE HAD TO TELL ME TO SAY THAT. THAT IS THE TRUTH.

Fung's emphatic denial that prosecutors coached him to downplay his examination of the socks — delivered defensively after Scheck's pointed accusation.

Barry Scheck

YOU MAY WANT TO TELL US, SIR, THAT YOU WEREN'T LOOKING VERY CAREFULLY AT THE SOCK, BUT YOU CERTAINLY WERE LOOKING CAREFULLY AT THAT THROW RUG?

Scheck's rhetorical trap: if Fung was scanning the area carefully enough to note no blood flakes on the rug, his claim of not noticing the sock closely becomes harder to believe.

Evidence (4)

Defendant's 1089

Photograph of the Rockingham stairwell showing light-colored carpet

introduced and displayed on ELMO to establish carpet color/condition

Defendant's 1090

Photograph of the hallway leading to the master bedroom

introduced and displayed on ELMO

Informal

Two socks found on throw rug in front of Simpson's bed at Rockingham

discussed at length — collection procedure, ankle area examination, absence of surrounding blood evidence

Informal

Sink trap from Simpson's master bedroom bathroom — phenolphthalein presumptive test

discussed — test result was negative for blood

Notable Exchanges (3)

Barry Scheck•Dennis Fung

Scheck walked Fung through every surface of the Rockingham stairwell, hallway, and master bedroom — carpet, banister, walls, doorknobs, light switches, bed sheets — establishing that Fung found zero blood anywhere, despite having just come from a massive bloodshed scene at Bundy.

strategic

Barry Scheck•Dennis Fung

Scheck pressed Fung repeatedly on whether he was interested in and visually examined the ankle areas of the socks on June 13th. Fung initially deflected by saying he collected them for later analysis, before finally admitting he was interested in the ankle areas but 'did not look that closely.'

revealing

Barry Scheck•Dennis Fung

Scheck directly accused prosecutors and SID personnel of coaching Fung to say he hadn't looked carefully at the socks. Fung denied any coaching and added emphatically that 'no one had to tell me to say that. That is the truth.'

heated

Credibility Attacks (3)

⚔ Dennis Fung

prior inconsistent conduct / coaching implication

Scheck suggested that Fung's claim of not looking closely at the sock ankle areas was coached by prosecutors and SID, implying his testimony was shaped to deflect blame from the later-discovered blood — setting up the sock-planting theory.

⚔ Dennis Fung

internal inconsistency

Scheck argued that Fung was carefully scanning the throw rug for blood flakes (and found none) while simultaneously claiming he wasn't examining the sock closely — the two stances are difficult to reconcile.

⚔ Dennis Fung

omission / failure of professional duty

Fung admitted he did not perform a visual examination of the ankle areas of the socks on June 13th despite having just come from a bloody crime scene with shoeprints and knowing socks would be a key evidence item.

Witness Demeanor

(NO AUDIBLE RESPONSE.) — when Scheck pointedly asked whether Fung personally was interested in examining the ankle areas of the socks

Objections

9 objections (4 sustained, 3 overruled)

Proceeding 5645 • 212 utterances • Prosecution witness

Criminal Trial

Department 103