Barry Scheck continues his methodical cross-examination of LAPD criminalist Dennis Fung, targeting the collection of the bloody socks from Simpson's bedroom, procedural failures at the Bundy crime scene, and blood drops on the rear gate that were not collected on June 13th but appeared on July 3rd. Scheck scores several significant points: the sock measurements are transposed between Fung's field notes and his evidence collection sheet, no time was recorded for the sock collection, and photographs from June 13th cannot show blood that Fung collected at the rear gate weeks later.
# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:) # 2 THE COURT: THANK YOU, LADIES AND GENTLEMEN. BE SEATED. ALL RIGHT. LET THE RECORD REFLECT WE'VE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. MR. DENNIS FUNG IS ON THE WITNESS STAND UNDERGOING CROSS-EXAMINATION BY MR. SCHECK. GOOD AFTERNOON AGAIN, MR. FUNG. YOU ARE REMINDED AGAIN YOU ARE UNDER OATH, SIR. AND, MR. SCHECK, YOU MAY CONTINUE WITH YOUR CROSS-EXAMINATION.
# 3 MR. SCHECK: THANK YOU.
# 4 Q: BY MR. SCHECK: MR. FUNG, WE WERE DISCUSSING THE SOCKS. NOW, I THINK WE HAD JUST FINISHED ESTABLISHING THAT YOU DID NOT EVEN SEE FLAKES OF BLOOD ON THE THROW RUG AROUND THE SOCKS; IS THAT CORRECT?
# 5 MR. GOLDBERG: IT'S ARGUMENTATIVE AS PHRASED.
# 6 THE COURT: OVERRULED.
# 7 DENNIS FUNG: WOULD NOT EXPECT TO SEE FLAKES IN THAT AREA, NO.
# 8 Q: BY MR. SCHECK: YOU WOULDN'T EXPECT TO SEE FLAKES?
# 9 A: NOT BLOOD FLAKES FROM THE SOCKS.
# 10 Q: WELL, IF THERE HAD BEEN A SMEAR OF BLOOD ON THE ANKLE OF ONE OF THE SOCKS THAT WAS DEPOSITED THERE AROUND 10:15, WOULD YOU EXPECT IT TO HAVE BEEN DRIED BY THE TIME THAT YOU SAW THOSE SOCKS ON THAT -- ON THE AFTERNOON OF JUNE 13TH AT ROCKINGHAM?
# 11 A: 10:00 O'CLOCK IN THE MORNING OR 10:00 O'CLOCK IN --
# 12 Q: AT 10:15 ON JUNE 12TH OR AROUND THAT TIME, IF SOMEHOW A SMEAR OF BLOOD HAD BEEN DEPOSITED ON THE ANKLE OF ONE OF THOSE SOCKS, WOULD YOU EXPECT IT TO HAVE DRIED BY THE TIME THAT YOU SAW THOSE SOCKS IN MR. SIMPSON'S BEDROOM ON THE AFTERNOON OF JUNE 13TH?
# 14 Q: AND IF BLOOD DRIES ON A SMEAR AND THE SOCK IS IN ANY WAY MANIPULATED, WOULD YOU NOT EXPECT TO SEE FLAKES OF BLOOD FALL OFF THE SOCK?
# 15 MR. GOLDBERG: YOUR HONOR, IT ASSUMES FACTS NOT IN EVIDENCE. IMPROPER HYPOTHETICAL.
# 16 THE COURT: SUSTAINED.
# 17 Q: BY MR. SCHECK: LET US ASSUME FOR THE SAKE OF EXPLORING THIS ISSUE WITH YOU, SIR, THAT SOMEHOW, ONE OF THOSE SOCKS HAD BEEN COVERED WITH A SMEAR OF WET BLOOD AT 10:15 P.M. ON JUNE 12TH. YOU WOULD EXPECT THAT SMEAR TO BE DRIED I THINK YOU'VE INDICATED BY THE TIME YOU SAW IT ON THE AFTERNOON OF JUNE 13TH?
# 18 MR. GOLDBERG: YOUR HONOR, I OBJECT. IT'S AN IMPROPER HYPOTHETICAL AS TO SMEAR.
# 19 THE COURT: OVERRULED.
# 20 DENNIS FUNG: I WOULD EXPECT IT TO BE DRY.
# 21 Q: BY MR. SCHECK: AND IF WE FURTHER ASSUME THAT IN THE ACT OF TAKING OFF SOCKS, THE AREA IN THE ANKLE HAD BEEN FOLDED OR RUBBED, WOULD YOU NOT EXPECT FLAKES OF BLOOD TO COME OFF THE SOCK?
# 22 A: THAT WOULD DEPEND ON HOW MUCH BLOOD WAS PRESENT. IF IT WAS A LIGHT AMOUNT OR A VERY SMALL AMOUNT, I WOULD NOT EXPECT ANY. IF IT WAS A VERY HEAVY AMOUNT WHERE IT WOULD HAVE CRUSTED IN A CLOTH TYPE OF FASHION, THEN I WOULD EXPECT MAYBE THERE WOULD BE FLAKES.
# 23 Q: WELL, IF THERE WERE A SMEAR OF BLOOD HALF AN INCH TO AN INCH LONG --
# 24 MR. GOLDBERG: YOUR HONOR, THERE'S NO EVIDENCE OF SUCH A SMEAR. IMPROPER HYPOTHETICAL.
# 25 THE COURT: OVERRULED.
# 26 Q: BY MR. SCHECK: WOULD YOU EXPECT THAT THAT MIGHT, IF DRIED AND THE SOCK WERE FOLDED AND MANIPULATED, LEAVE FLAKES OF BLOOD THAT MIGHT BE VISIBLE ON THAT THROW RUG?
# 27 A: THAT WOULD DEPEND ON THE CONCENTRATION OF BLOOD PRESENT ON THAT INCH AND A HALF OF SMEAR.
# 28 Q: OR NO. HALF INCH. LET'S START WITH A HALF INCH.
# 30 Q: SO I TAKE IT THAT YOU WOULD UNDER CERTAIN CIRCUMSTANCES, TO USE YOUR TERMS, DEPENDING ON CONCENTRATION, EXPECT TO SEE FLAKES OF BLOOD?
# 31 A: UNDER CERTAIN CIRCUMSTANCES, THERE MAY BE SOME PRESENT, YES.
# 32 Q: ALL RIGHT. AND YOU GET FLAKES OF BLOOD WITH DRIED SOCKS. WHEN THEY'RE MANIPULATED OR TAKEN OFF, THAT CAN HAPPEN?
# 33 MR. GOLDBERG: CALLS FOR SPECULATION.
# 34 THE COURT: SUSTAINED.
# 35 Q: BY MR. SCHECK: YOU SAW NO FLAKES, CORRECT?
# 37 Q: NOW, LET'S GO BACK TO THE BUNDY CRIME SCENE FOR A SECOND.
# 39 Q: WHEN YOU WERE AT THE BUNDY CRIME SCENE, DID DETECTIVE LANGE TAKE YOU OUT TO THAT CAGED-IN AREA WHERE MR. GOLDMAN'S BODY WAS FOUND?
# 41 Q: AND IT WAS SOIL IN THAT AREA?
# 43 Q: AND IN THE BACK OF THAT AREA, DID HE NOT POINT OUT TO YOU WHAT APPEARED TO BE A DUG-OUT HOLE?
# 44 A: I DON'T RECALL HIM POINTING THAT OUT TO ME.
# 45 Q: WELL, DID YOU SEE WHAT APPEARED TO BE A DUG-OUT AREA IN THAT CAGED-IN SOIL PART OF THE BUNDY CRIME SCENE?
# 46 MR. GOLDBERG: VAGUE AS TO THE TERM "DUG-OUT."
# 47 THE COURT: SUSTAINED. REPHRASE THE QUESTION. DO YOU HAVE A PHOTOGRAPH?
# 48 MR. SCHECK: WHILE WE ARE LOOKING, I'LL ASK A FEW MORE QUESTIONS.
# 49 Q: BY MR. SCHECK: DO YOU RECALL DETECTIVE LANGE DISCUSSING WITH YOU THAT HE BELIEVED THERE HAD BEEN A FIERCE STRUGGLE BETWEEN MR. GOLDMAN AND AN ASSAILANT IN THAT CAGED-IN AREA?
# 50 MR. GOLDBERG: CALLS FOR HEARSAY, IRRELEVANT.
# 51 THE COURT: SUSTAINED.
# 52 Q: BY MR. SCHECK: WERE YOU UNDER ANY INSTRUCTIONS TO LOOK FOR CLOTHING THAT MIGHT HAVE SOIL ON IT FROM THAT CAGED-IN AREA?
# 54 Q: WELL, FROM YOUR EXAMINATION OF THE BUNDY SCENE AND THE AREA WHERE MR. GOLDMAN WAS FOUND, DID YOU REACH A JUDGMENT THAT SOME OF THE STRUGGLE MIGHT HAVE OCCURRED IN THAT SOIL AREA?
# 55 A: THAT WAS ONE POSSIBILITY.
# 56 Q: AND THAT ONE OF THE ASSAILANTS MIGHT HAVE IN THE COURSE OF THAT STRUGGLE KICKED UP SOIL ONTO SHOES, PANTS AND SOCKS?
# 57 MR. GOLDBERG: ASSUMES A FACT NOT IN EVIDENCE, YOUR HONOR, AND IT CALLS FOR SPECULATION.
# 58 THE COURT: OVERRULED.
# 59 MR. GOLDBERG: ASSAILANTS.
# 60 THE COURT: YOU CAN ANSWER THE QUESTION.
# 61 Q: BY MR. SCHECK: ALL RIGHT. DID YOU CONSIDER WHEN YOU WERE EXAMINING THE BUNDY CRIME SCENE THAT IN A STRUGGLE WITH MR. GOLDMAN, AN ASSAILANT MIGHT HAVE GOTTEN THE AREA OF -- THE SHOES AND THE SOCKS AND THE PANTS COVERED WITH SOIL FROM THAT AREA?
# 62 A: THAT IS A POSSIBILITY.
# 63 Q: DID YOU NOT SEE SUCH SOIL ON THE SHOES AND SOCKS OF MR. GOLDMAN?
# 64 A: I DID NOT EXAMINE THE SHOES OF MR. GOLDMAN.
# 65 Q: DID YOU NOT SEE DUG-OUT AREAS IN THAT SOIL THAT REFLECTED A STRUGGLE BETWEEN MR. GOLDMAN AND SOMEONE ELSE?
# 67 Q: YEAH. DUG-OUT AREAS IN THE SOIL?
# 68 A: THAT INDICATED A STRUGGLE?
# 69 Q: THAT MIGHT BE CONSISTENT WITH A STRUGGLE?
# 70 MR. GOLDBERG: STILL VAGUE, CALLS FOR SPECULATION.
# 71 THE COURT: OVERRULED.
# 72 DENNIS FUNG: I DID NOT MAKE THAT DETERMINATION.
# 73 Q: BY MR. SCHECK: WELL, DID YOU SEE ANYTHING THAT COULD BE CONSISTENT WITH THAT?
# 74 A: THERE WAS A DISTURBED AREA IN THE DIRT AREA.
# 75 Q: WHAT DO YOU MEAN BY "DISTURBED"?
# 76 A: THERE WAS LOOSE DIRT IN ONE PORTION OF THE CAGED-IN AREA.
# 77 Q: LOOSE DIRT THAT COULD HAVE BEEN KICKED UP ONTO MR. GOLDMAN AND AN ASSAILANT DURING A STRUGGLE?
# 78 A: IT'S DURING A STRUGGLE.
# 79 Q: WHEN YOU WENT TO THE ROCKINGHAM --
# 80 MR. SCHECK: YOUR HONOR, I THINK WE'VE FOUND WHAT IS 83 IN EVIDENCE.
# 81 THE COURT: ALL RIGHT.
# 82 Q: BY MR. SCHECK: IS THAT THE DISTURBED AREA WE SEE DEPICTED IN 83 IN EVIDENCE?
# 83 A: TO THE RIGHT OF THE TREE?
# 86 MR. GOLDBERG: WELL, I'LL MAKE A MOTION TO STRIKE. IT CALLS FOR SPECULATION AS TO WHETHER IT'S DISTURBED OR NOT.
# 87 THE COURT: OVERRULED.
# 88 Q: BY MR. SCHECK: IS THAT WHAT YOU MEAN WHEN YOU SAY "DISTURBED AREA"?
# 90 Q: ALL RIGHT. AND THAT APPEARS TO BE -- WELL, FROM YOUR RECOLLECTION, HOW DEEP WAS THAT DUG-OUT AREA?
# 92 Q: NOW, MR. FUNG, WHEN YOU WALKED UP THE STAIRS AT ROCKINGHAM ON THE AFTERNOON OF JUNE 13TH, DID YOU SEE ANY SOIL ON THE CARPET OF THE STAIRWELL?
# 93 A: I DID NOT NOTICE ANY HEAVY STAINING OF THE CARPET, NO.
# 94 Q: WELL, DID YOU SEE ANY SMALL FLECKS OR FLAKES OF SOIL ON THAT CARPET?
# 96 Q: IN THE CARPET THAT COVERED THE ENTRYWAY TO MR. SIMPSON'S MASTER BEDROOM, DID YOU SEE ANY SOIL OR FLECKS OF SOIL ON THAT CARPET?
# 98 Q: IN THE CARPET SURROUNDING THE THROW RUG WHERE YOU FOUND THE SOCKS IN MR. SIMPSON'S MASTER BEDROOM, DID YOU SEE ANY EVIDENCE OF SOIL?
# 99 A: I DID NOT SEE ANY.
# 100 Q: ON THE THROW RUG WHERE YOU FOUND THE SOCKS, DID YOU SEE ANY EVIDENCE OF SOIL?
# 103 A: DUST MAY HAVE BEEN PRESENT, BUT I DIDN'T TAKE A NOTE OF IT.
# 104 Q: DID YOU -- I AM SORRY. ARE YOU FINISHED?
# 106 Q: DID YOU SEE ON EITHER SOCK ANY SOIL?
# 107 A: I DIDN'T NOTICE ANY.
# 108 Q: IN THE MASTER BEDROOM -- WITHDRAWN. DID YOU GO INTO THE BATHROOM?
# 109 A: THE MASTER BATHROOM.
# 110 Q: MASTER BATHROOM?
# 112 Q: AND DID YOU TAKE TOWELS OUT OF THE HAMPER IN THAT MASTER BATHROOM AREA?
# 113 A: I DID NOT PERSONALLY, NO.
# 114 Q: BUT WHEN YOU ARRIVED THERE, YOU SAW THAT SOMEBODY HAD DONE THAT?
# 115 A: I DON'T KNOW IF IT WAS BEFORE I ARRIVED OR AFTER I ARRIVED, BUT IT WAS DONE BY SOMEBODY ELSE.
# 116 Q: WAS IT DONE IN YOUR PRESENCE?
# 117 A: THERE MAY HAVE BEEN SOME OF IT GOING ON IN MY PRESENCE, BUT I DON'T RECALL HOW MUCH.
# 118 Q: WHO WAS DOING IT IN YOUR PRESENCE?
# 120 Q: WAS IT A DETECTIVE?
# 122 Q: AND THEY WERE LOOKING THROUGH TOWELS IN THE BATHROOM?
# 123 A: THEY WERE LOOKING THROUGH THE CONTENTS OF THE HAMPER IN THE BATHROOM.
# 124 Q: CONTAINED TOWELS?
# 125 A: I DIDN'T GO THROUGH IT THAT CAREFULLY.
# 126 Q: CONTAINED CLOTHES?
# 127 A: THERE WERE CLOTHING.
# 128 Q: AND NO ONE CALLED TO YOUR ATTENTION ANY CLOTHING OR ANY TOWEL THAT HAD A TRACE OF BLOOD?
# 129 MR. GOLDBERG: CALLS FOR HEARSAY.
# 130 THE COURT: OVERRULED.
# 131 DENNIS FUNG: THAT'S CORRECT.
# 132 Q: BY MR. SCHECK: AND NO ONE CALLED TO YOUR ATTENTION ANY TOWEL OR ANY CLOTHING THAT CONTAINED SOIL?
# 134 Q: WOULD LIKE TO TURN NOW TO THE CIRCUMSTANCES OF YOUR COLLECTION OF THE SOCKS. NOW, I THINK YOU TOLD US ON DIRECT EXAMINATION THAT YOU HAVE NO RECOLLECTION NOW AS TO WHETHER YOU USED THE GLOVE METHOD OR THE SCOOP METHOD TO COLLECT THE SOCKS?
# 136 Q: BUT YOU'RE SURE THAT YOU COLLECTED THE SOCKS AND NOT MISS MAZZOLA?
# 138 Q: IN GOING BACK OVER YOUR EVIDENCE COLLECTION SHEET, DID YOU AND MISS MAZZOLA TALK ABOUT WHO COLLECTED WHAT?
# 140 Q: AND BEFORE YOU CAME IN TO TESTIFY, THE TWO OF YOU HAD DISCUSSED WHICH ONE OF YOU COLLECTED WHICH ITEM AND YOU FILLED IN THE COPY OF THE EVIDENCE COLLECTION SHEET THAT YOU HAVE BEFORE YOU WITH SUCH DESIGNATIONS?
# 141 A: WE DID TO THE BEST OF OUR MEMORIES, YES.
# 142 Q: AND YOU WERE DOING THIS TO THE BEST OF YOUR MEMORIES WHEN?
# 143 A: I DON'T REALLY RECALL WHEN. IT WAS SEVERAL MONTHS AFTER.
# 144 Q: WELL, WAS IT A MONTH BEFORE THIS TRIAL?
# 145 A: NO. IT WAS -- WELL, MAYBE MORE THAN A MONTH.
# 146 Q: WAS IT AFTER YOU TESTIFIED AT A PROCEEDING IN THIS COURT IN AUGUST?
# 148 Q: NOW, WHEN YOU FILLED OUT YOUR EVIDENCE ITEM COLLECTION SHEET FOR ROCKINGHAM HOWEVER, YOU DID FILL IN THE TIMES THAT CERTAIN ITEMS WERE COLLECTED HERE ON JUNE 13TH?
# 149 A: THE ITEMS WERE FILLED IN, YES.
# 150 Q: AND WHEN YOU PUT IN TIMES FOR THESE ITEMS ON JUNE 13TH, YOU FILLED THEM IN THAT DAY?
# 151 A: THEY WERE FILLED IN THAT DAY.
# 153 MR. SCHECK: YOUR HONOR, I WOULD LIKE TO PUT UP ON THE ELMO A COPY OF THE EVIDENCE COLLECTION SHEET, BUT I'M PUTTING A POST-IT OVER A CERTAIN PORTION.
# 154 THE COURT: ALL RIGHT.
# 155 MS. CLARK: MAY WE SEE IT?
# 157 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.) # 158 Q: BY MR. SCHECK: YOU HAVE YOUR COPY BEFORE YOU; DO YOU NOT, SIR?
# 160 Q: NOW, THIS IS AN OVERALL SHOT OF YOUR EVIDENCE COLLECTION SHEET FOR THAT DAY?
# 162 Q: AND THE -- THERE'S A BOX THERE THAT INDICATES TIMES; IS THERE NOT?
# 164 Q: AND THEN STARTING AT I BELIEVE ITEM 11 --
# 165 MR. SCHECK: IF WE COULD FOCUS ON THAT, MR. HARRIS, STARTING AT ITEM 11, IF YOU COULD ZERO IN ON THAT, MOVE IT JUST -- THAT'S IT. GREAT.
# 166 Q: BY MR. SCHECK: ALL RIGHT. ITEM 11 REPRESENTS THE FIRST ITEM THAT WAS COLLECTED WHEN YOU AND MISS MAZZOLA RETURNED TO ROCKINGHAM IN THE AFTERNOON?
# 168 Q: AND YOU PUT DOWN THAT TIME AS 3:40 OR 1540 HOURS?
# 169 A: THAT WAS THE TIME THAT WAS PUT DOWN.
# 170 Q: ALL RIGHT. AND TO YOUR KNOWLEDGE, IS THAT ACCURATE?
# 171 A: THAT'S THE GENERAL TIME FRAME THAT IT WAS COLLECTED.
# 172 Q: ALL RIGHT. AND THEN THE NEXT ITEM WAS A RED STAIN FROM THE FOYER AREA INSIDE ROCKINGHAM, CORRECT?
# 174 Q: AND THAT ONE WAS COLLECTED AT 4:30?
# 178 Q: OR THEREABOUTS. AND THE NEXT ITEM YOU COLLECTED WERE THE SOCKS?
# 180 Q: BUT THERE'S NO TIME INDICATED FOR THAT?
# 182 Q: AND THE NEXT ITEM AFTER THAT YOU INDICATED WAS A RED STAIN THAT WAS FOUND IN THE MASTER BATHROOM?
# 184 Q: AND THAT TIME IS AT 4:40?
# 186 Q: SO I BELIEVE IT WAS YOUR TESTIMONY ON DIRECT EXAMINATION THAT YOU COLLECTED THE SOCKS SOMETIME BETWEEN 4:30 AND 4:40?
# 187 A: ABOUT THEN, YES.
# 188 Q: AND THEN BEFORE YOU LEFT THE RESIDENCE, YOU COLLECTED TWO OTHER ITEMS, NUMBERS 15 AND 16, AND THOSE WERE AT 5:00 AND 5:05?
# 189 A: THE CHECKLIST STATES 15, 16 WERE COLLECTED AT ABOUT THE SAME TIME.
# 190 Q: WELL, WHAT TIMES WERE THOSE LISTED ON THE CHECKLIST? PERHAPS YOU COULD HELP. IT'S A LITTLE DIFFICULT TO SEE.
# 191 A: THEY BOTH SAY THE SAME TIME. 5:00 O'CLOCK.
# 192 Q: 5:00 O'CLOCK. AND THOSE WERE ITEMS THAT WERE COLLECTED AS YOU WALKED OUT OF ROCKINGHAM IN THE FRONT DOOR AREA?
# 193 MR. GOLDBERG: YOUR HONOR, I'LL OBJECT TO ANY TESTIMONY ABOUT 15 AND 16.
# 194 THE COURT: SUSTAINED.
# 195 Q: BY MR. SCHECK: NOW --
# 196 MR. GOLDBERG: AND MAKE A MOTION TO STRIKE THAT PART OF THE TESTIMONY TO THE EXTENT IT CAME IN.
# 197 THE COURT: OVERRULED.
# 198 Q: BY MR. SCHECK: NOW, AT THE TIME THAT YOU WERE DOING YOUR COLLECTION IN MR. SIMPSON'S MASTER BEDROOM AREA, DID YOU SEE SOMEONE WALKING AROUND WITH A VIDEOTAPE CAMERA?
# 199 A: I DON'T RECALL WHEN I SAW THE VIDEOTAPE CAMERA COMING THROUGH. I DO RECALL IT BEING THERE THOUGH.
# 200 Q: YOU RECALL A GENTLEMAN NAMED MR. FORD. DO YOU KNOW HIM?
# 202 Q: AFRICAN AMERICAN GENTLEMAN?
# 204 Q: AND HE WAS THE ONE WHO WAS CARRYING AROUND THE VIDEOTAPE CAMERA?
# 206 Q: AND HE WAS BEING DIRECTED BY THIS PERSON FROM SID NAMED ADKINS WITH THE VIDEO CAMERA?
# 207 A: MR. ADKINS WAS PRESENT, BUT I DON'T KNOW WHAT HIS FUNCTION WAS.
# 208 Q: MR. ADKINS WAS WEARING A VERY STRIKING AND NICE GRAY SUIT THAT DAY WITH A BADGE HANGING FROM HIS POCKET?
# 209 A: MR. ADKINS DOES DRESS NICELY.
KEY QUOTE # 210 Q: DO YOU RECALL THAT SUIT?
# 211 A: I DON'T RECALL THE SUIT.
# 212 Q: AND A DETECTIVE LUPER WAS ALSO WALKING AROUND WITH MR. FORD WITH THE VIDEO CAMERA?
# 213 A: I DON'T RECALL THAT.
# 214 Q: DO YOU RECALL SEEING THEM IN THE FOYER AREA?
# 216 Q: DO YOU RECALL SEEING THEM IN THE MASTER BEDROOM AREA AT AROUND 4:14?
# 217 A: I DON'T RECALL. I DIDN'T KEEP TRACK OF THEIR COMINGS AND GOINGS.
# 218 Q: WELL, YOU HAVE NO RECOLLECTION WHATSOEVER OF THEM, OF MR. FORD WITH THE VIDEO CAMERA UP IN THE MASTER BEDROOM AT OR AROUND THE TIME THAT YOU WERE DOING COLLECTION?
# 219 A: AGAIN, I DIDN'T KEEP TRACK OF MR. FORD AT THAT TIME.
# 220 Q: HAVE YOU SEEN THAT VIDEOTAPE?
# 222 Q: HAVE YOU HAD DISCUSSIONS WITH ANYBODY ABOUT THAT VIDEOTAPE?
# 224 Q: HAVE YOU HAD ANY DISCUSSIONS WITH PEOPLE AT SID ABOUT WHAT'S SHOWN ON THAT VIDEOTAPE?
# 226 Q: HAVE YOU HAD DISCUSSIONS WITH ANYONE IN THE DISTRICT ATTORNEY'S OFFICE AS TO WHAT'S SHOWN IN THAT VIDEOTAPE?
# 228 Q: HAS ANYBODY ANYWHERE COMMUNICATED TO YOU ANYTHING ABOUT WHETHER OR NOT AT 4:14 IN THE AFTERNOON THOSE SOCKS ARE DEPICTED ON THAT VIDEOTAPE?
# 229 A: NO ONE HAS COMMUNICATED THAT INFORMATION TO ME OR WITH ME.
# 230 Q: HAS ANYBODY INDICATED TO YOU THERE'S SOME QUESTION AS TO WHETHER OR NOT THOSE SOCKS ARE ON THE VIDEOTAPE?
# 231 MR. GOLDBERG: ASSUMES A FACT NOT IN EVIDENCE.
# 232 THE COURT: SUSTAINED.
# 233 Q: BY MR. SCHECK: DID YOU SEE MR. FORD WAKING AROUND WITH THAT VIDEO CAMERA AT ABOUT 3:14 IN THE AFTERNOON?
# 234 A: I DID NOT KEEP TRACK OF MR. FORD.
# 235 Q: WELL, DID YOU SEE THEM COMING WITH A VIDEO CAMERA OUT OF THE MASTER BEDROOM AREA BEFORE YOU WENT UP INTO IT?
# 237 Q: IS THERE ANY PARTICULAR REASON THAT THERE IS NO TIME IN YOUR EVIDENCE COLLECTION REPORT FOR THOSE SOCKS?
# 238 A: I COLLECTED THE SOCKS AND DID NOT TELL MISS MAZZOLA WHAT TIME I COLLECTED THEM.
KEY QUOTE # 239 Q: YOU RECALL THAT?
# 240 A: IT'S OBVIOUS BECAUSE THE TIME'S NOT WRITTEN DOWN.
# 241 Q: MR. FUNG, I'M ASKING YOU ABOUT WHAT YOU REMEMBER, NOT WHAT YOU'RE ASSUMING.
# 242 A: WELL, I DON'T RECALL THEN.
# 243 Q: SO THE ANSWER IS, YOU DON'T KNOW ANY REASON WHY THE TIME IS NOT WRITTEN DOWN?
# 244 A: I DON'T REMEMBER WHY THE TIME'S NOT WRITTEN DOWN.
# 245 Q: ALL RIGHT. AND WHAT YOU JUST SAID TO THIS JURY, THAT -- ABOUT WHAT HAPPENED WAS, THAT YOU DID NOT TELL MISS MAZZOLA WHAT TIME YOU RECOVERED THE SOCKS. THAT'S SOMETHING YOU'RE JUST SPECULATING ABOUT BECAUSE YOU THINK IT SOUNDS GOOD?
# 246 MR. GOLDBERG: I OBJECT.
# 247 THE COURT: SUSTAINED.
# 248 Q: BY MR. SCHECK: IS THAT SOMETHING YOU ACTUALLY REMEMBER?
# 250 Q: YOU HAVE NO RECOLLECTION AS TO WHETHER YOU SIMPLY FAILED TO TELL MISS MAZZOLA THE TIME THAT YOU COLLECTED THE SOCKS, RIGHT?
# 251 MR. GOLDBERG: ARGUMENTATIVE.
# 252 THE COURT: SUSTAINED. REPHRASE THE QUESTION.
# 253 Q: BY MR. SCHECK: DO YOU HAVE AN INDEPENDENT RECOLLECTION AS YOU SIT HERE TODAY THAT YOU SIMPLY FAILED TO TELL MISS MAZZOLA WHAT TIME YOU COLLECTED THE SOCKS?
# 254 A: DO I REMEMBER NOT TELLING --
# 256 A: -- HER ABOUT THE SOCKS?
# 257 Q: YEAH. DO YOU REMEMBER THAT THE REASON THAT THERE'S NO TIME THERE IS BECAUSE YOU JUST DIDN'T TELL HER ABOUT IT, ACTUALLY REMEMBER THAT OCCURRING?
# 258 MR. GOLDBERG: YOUR HONOR, THAT'S AN ILLOGICAL IMPOSSIBILITY.
# 259 THE COURT: OVERRULED.
# 260 DENNIS FUNG: YOU'RE ASKING ME IF I REMEMBERED -- IF I REMEMBER NOT DOING -- WHY I DIDN'T DO SOMETHING.
# 261 Q: BY MR. SCHECK: MR. FUNG, YOU TOLD US A SECOND AGO THAT -- WHEN I ASKED YOU IF THERE'S -- IF YOU KNEW WHY THERE WAS NO TIME WRITTEN FOR THE COLLECTION OF THE SOCKS, YOU ANSWERED, "WELL, THAT'S BECAUSE I DIDN'T TELL MISS MAZZOLA WHAT TIME I COLLECTED IT," RIGHT?
# 262 MR. GOLDBERG: THAT MISSTATES THE TESTIMONY.
# 263 THE COURT: SUSTAINED.
# 264 Q: BY MR. SCHECK: DID YOU MEASURE THE LOCATION OF THE SOCKS?
# 266 Q: DID YOU DO IT TOGETHER WITH MISS MAZZOLA?
# 268 Q: DID YOU CALL OUT THE MEASUREMENTS TO HER?
# 269 A: I DON'T RECALL WHICH WAY -- IT'S HER HANDWRITING. I ASSUME THAT I DID.
# 270 Q: AND THERE'S A MISTAKE WITH RESPECT TO THE MEASUREMENTS OF THE SOCK, ISN'T THERE?
# 271 A: WHAT MISTAKE IS THAT?
# 272 Q: WELL, ON YOUR EVIDENCE COLLECTION SHEET, WHERE DO YOU RECORD THE SOCKS AS BEING?
# 273 A: THE SOCKS WERE IN THE MASTER BEDROOM EIGHT FEET NORTH OF THE SOUTH WALL AND FOUR FEET WEST OF THE EAST WALL.
# 274 Q: NOW, COULD YOU TURN TO YOUR FIELD NOTES FOR ROCKINGHAM?
# 275 A: THAT WAS READ FROM MY FIELD NOTES.
# 276 Q: OH, YOU READ IT FROM YOUR FIELD NOTES?
# 278 Q: COULD YOU REPEAT -- COULD YOU COMPARE THE -- WOULD YOU NOW READ FOR US FROM YOUR EVIDENCE COLLECTION SHEET WHERE THE SOCKS ARE, WHAT MEASUREMENTS YOU RECORDED?
# 279 A: DO YOU MEAN MY PROPERTY REPORT?
# 280 Q: NO. I MEAN THIS EVIDENCE COLLECTION SHEET THAT WE HAVE --
# 281 A: THAT'S WHERE I WAS READING FROM.
# 282 Q: OH, YOU ARE READING FROM THAT?
# 284 Q: NOW, DON'T YOU HAVE A SHEET OF PAPER THERE ENTITLED "FIELD NOTES"?
# 286 Q: ALL RIGHT. AND ON YOUR FIELD NOTES, DID NOT YOU MAKE A RECORD OF THE MEASUREMENTS OF WHERE THE SOCKS WERE? I'M ASKING YOU ABOUT THE FIELD NOTES.
# 287 A: I AM LOOKING AT THE FIELD NOTES. YES.
# 288 Q: WHAT ARE THE MEASUREMENTS ON THE FIELD NOTES?
# 289 A: THE MEASUREMENT ON THE FIELD NOTES STATE FOUR FEET NORTH OF THE SOUTH WALL AND EIGHT FEET WEST OF THE EAST WALL.
# 290 Q: SO THAT'S THE OPPOSITE OF THE MEASUREMENTS THAT YOU HAVE ON YOUR EVIDENCE COLLECTION SHEET?
KEY QUOTE # 292 Q: THE SOCKS MOVED?
# 294 Q: NOW, MR. FUNG, WOULD LIKE TO BRING YOU BACK TO ONE MORE THING WITH RESPECT TO THE BRONCO SEARCH.
# 295 MR. SCHECK: CAN WE MARK THIS EVIDENCE COLLECTION SHEET, THE FORM I SHOWED, AS DEFENDANT'S?
# 297 (DEFT'S 1091 FOR ID = EVIDENCE COLLECTION SHEET) # 298 Q: BY MR. SCHECK: YOU STATED BEFORE WHEN WE WERE DISCUSSING YOUR SEARCH OF THE BRONCO THAT THE LIGHT WAS BETTER WHEN YOU WERE LOOKING AT THAT PICTURE OF THE CONSOLE IN THE LABORATORY THAN THE LIGHT YOU HAD WHEN YOU WERE SEARCHING ON JUNE 14TH?
# 299 A: I STATED THAT THE LIGHTING, THE PHOTOGRAPHY LOOKED LIKE IT HAD BETTER LIGHTING.
# 300 Q: AND WERE YOU TRYING TO CONVEY THE IMPRESSION THAT THE LIGHTING THAT YOU HAD WHEN YOU WERE CONDUCTING YOUR SEARCH ON JUNE 14TH WAS INADEQUATE FOR YOU TO DISCOVER THOSE RED STAINS?
# 301 A: I WAS ONLY STATING THAT THE LIGHTING WAS DIFFERENT.
# 302 Q: UH-HUH. WAS THE LIGHTING IN YOUR JUDGMENT ADEQUATE TO SEE RED STAINS WHEN YOU WERE CONDUCTING YOUR SEARCH ON JUNE 14TH?
# 304 Q: IN FACT, YOU WERE USING A FLASHLIGHT TO CONDUCT YOUR SEARCH?
# 305 A: DURING CERTAIN PORTIONS OF IT, YES.
# 306 Q: WELL, I WOULD LIKE TO PUT A PHOTOGRAPH THAT I'VE PREVIOUSLY SHOWN PROSECUTORS ON THE SCREEN.
# 307 THE COURT: WHAT NUMBER? 1092? ALL RIGHT. PHOTOGRAPH, 1092.
# 308 (DEFT'S 1092 FOR ID = PHOTOGRAPH) # 309 Q: BY MR. SCHECK: IS THAT A PICTURE OF YOU WITH A FLASHLIGHT LOOKING AT A RED STAIN LABELED 34?
# 311 Q: AND ISN'T THAT THE WAY THAT YOU PROCEEDED THROUGH THE BRONCO USING YOUR FLASHLIGHT TO LOOK AT RED STAINS THAT YOU SAW?
# 312 A: I DID USE A FLASHLIGHT DURING CERTAIN PORTIONS OF IT, YES.
# 313 Q: WELL, DIDN'T YOU USE YOUR FLASHLIGHT WHEN YOU WERE SEARCHING THE CONSOLE AREA?
# 315 Q: NOW, WHEN YOU FINISHED YOUR SEARCH AT THE BUNDY CRIME SCENE, DID YOU GET TOGETHER WITH MISS MAZZOLA AND ANYONE ELSE WHO WAS ASSISTING YOU AND HOLD A CONFERENCE BEFORE YOU CLOSED DOWN THE SCENE, "LET'S CAREFULLY REVIEW AND CONSIDER EVERYTHING WE'VE DONE TO MAKE SURE WE'VE MISSED NOTHING"?
# 316 A: WE DID GO THROUGH AND DO OUR INVENTORY CHECK OF THE EVIDENCE WE COLLECTED.
# 317 Q: WELL, I'M NOT TALKING ABOUT THE INVENTORY CHECK. THE INVENTORY CHECK IS WHEN YOU AND MISS MAZZOLA COMPARE THE ITEMS YOU'VE COLLECTED, YOU THINK YOU'VE COLLECTED WITH THE ITEMS THAT YOU ACTUALLY HAVE SEIZED, CORRECT?
# 318 A: THE ITEMS THAT WE HAVE COLLECTED WITH THE -- I DON'T UNDERSTAND THAT QUESTION.
# 319 Q: I THINK THAT YOU DESCRIBED ON DIRECT EXAMINATION THAT AFTER YOU FINISH WITH ONE CRIME SCENE, RIGHT, YOU CONDUCT WHAT YOU CALL AN INVENTORY, RIGHT?
# 321 Q: AND THE INVENTORY IS WHERE YOU LOOK AT YOUR NOTATIONS AS TO WHAT YOU HAVE WRITTEN DOWN YOU'VE COLLECTED AND YOU COMPARE IT TO THE ACTUAL BAGS AND COIN ENVELOPES AND OBJECTS THAT YOU HAVE IN FACT IN FRONT OF YOU?
# 323 Q: AND YOU TRY TO COMPARE IT TO MAKE SURE THAT YOU HAVE THE NUMBERS CORRECT?
# 324 A: WE DO COMPARE IT.
# 325 Q: YOU DO COMPARE, RIGHT?
# 327 Q: AND THAT'S THE POINT OF IT?
# 329 Q: SO THAT BOTH YOU AND MISS MAZZOLA ARE CLEAR ABOUT EVERYTHING THAT YOU'VE RECEIVED, YOU THINK YOU'VE RECEIVED BASED ON YOUR NOTES AND BASED ON YOUR OWN RECOLLECTION AND EVERYTHING THAT YOU ACTUALLY HAVE RIGHT THERE IN FRONT OF YOU?
# 330 A: WE COMPARE OUR NOTES TO THE EVIDENCE TO SEE THAT THEY COINCIDE.
# 331 Q: AND YOU DID THIS INVENTORY AFTER YOU FINISHED THE FIRST TIME AT ROCKINGHAM?
# 333 Q: AND YOU DID THIS INVENTORY AFTER YOU FINISHED AT BUNDY?
# 335 Q: AND YOU DID THIS SAME KIND OF INVENTORY AFTER YOU FINISHED AT ROCKINGHAM IN THE AFTERNOON?
# 337 Q: I'M TALKING ABOUT SOMETHING DIFFERENT FROM THE INVENTORY. DID YOU MAKE THE DECISION TO CLOSE DOWN THE CRIME SCENE AT BUNDY?
# 338 A: I DECIDED WHEN I WOULD LEAVE. I DIDN'T KNOW IF THEY WERE GOING TO KEEP IT ROPED OFF OR BARRICADED OFF FOR ADDITIONAL USE --
# 340 A: -- OR INVESTIGATION.
# 341 Q: WHEN YOU -- DID YOU COMMUNICATE WITH ANYONE THAT YOU HAD FINISHED YOUR SEARCHING AT BUNDY AT AROUND 3:00 IN THE AFTERNOON?
# 343 Q: AND WHO DID YOU TELL THAT TO?
# 344 A: THERE WAS AN OFFICER AT THE SCENE WHO I TOLD THAT I WAS READY TO LEAVE.
# 345 Q: ALL RIGHT. AND DID YOU INDICATE TO THAT OFFICER THAT YOU WERE -- EXCUSE ME -- INTENDING TO COME BACK FOR MORE SEARCHINGS?
# 346 A: I DID NOT SAY THAT TO HIM.
# 347 Q: YOU DIDN'T GIVE HIM ANY INSTRUCTIONS TO KEEP THE BARRICADES UP?
# 349 Q: AND IN YOUR CRIME SCENE CHECKLIST, SIR, IS THERE NOT A SPECIFIC BOX THAT INDICATES WHETHER OR NOT YOU FAILED TO LOCATE ITEMS?
# 351 Q: AND THAT'S SOMETHING THAT YOU'RE SUPPOSED TO FILL OUT WHEN YOU COMPLETE A SEARCH?
# 352 A: THAT IS SOMETHING THAT CAN BE FILLED OUT.
# 353 Q: IN OTHER WORDS, IF YOU THINK WELL, WE CONDUCTED A SEARCH, BUT MAYBE WE FAILED TO LOCATE ITEMS, THERE'S A BOX HERE THAT YOU FILL OUT TO BRING THAT TO THE ATTENTION OF YOURSELF AND YOUR SUPERVISORS?
# 354 A: IF IT'S NEEDED, YES.
# 355 Q: ALL RIGHT. SO YOU DID NOT FILL THAT OUT WITH RESPECT TO THE BUNDY LOCATION, THAT THERE WAS A LIST OF FAILURE TO LOCATE ITEMS THAT PEOPLE SHOULD PAY ATTENTION TO?
# 356 A: THERE WAS NOT A NEED TO DO THAT.
# 357 Q: BECAUSE AS FAR AS YOU WERE CONCERNED, YOU HAD NOT FAILED TO LOCATE ANY PARTICULAR ITEMS?
# 358 A: NO. IT WAS WELL KNOWN WHAT WAS MISSING.
# 359 Q: WELL, WHAT WAS MISSING?
# 360 MS. CLARK: OBJECTION.
# 361 DENNIS FUNG: THERE --
# 362 THE COURT: GO AHEAD.
# 363 MR. GOLDBERG: YOUR HONOR, IT'S IRRELEVANT.
# 364 THE COURT: OVERRULED.
# 365 DENNIS FUNG: THERE WAS A WEAPON THAT WAS MISSING.
# 366 Q: BY MR. SCHECK: ALL RIGHT. ASIDE FROM THE WEAPON, AS FAR AS YOU KNEW, IN TERMS OF WHAT YOU WERE SUPPOSED TO BE COLLECTING AT BUNDY, YOU HAD LOCATED EVERYTHING YOU THOUGHT YOU HAD BEEN INSTRUCTED TO COLLECT?
# 368 Q: AND AGAIN, YOU WANT TO DO MORE THAN JUST WHAT THE DETECTIVES TELL YOU. YOU WANT TO CONDUCT YOUR OWN INDEPENDENT INVESTIGATION OF THE SCENE TO MAKE SURE THAT YOU'RE LEAVING NO RELEVANT EVIDENCE BEHIND WHEN YOU LEAVE THAT SCENE?
# 369 A: IF I SEE ADDITIONAL EVIDENCE THAT NEEDS TO BE COLLECTED, I WILL DO SO.
# 370 Q: WELL, BEFORE YOU LEAVE THE SCENE, DO YOU WANT TO MAKE SURE THAT YOU'VE BEEN AS THOROUGH AS YOU POSSIBLY CAN AND YOU HAVEN'T LEFT ANYTHING BEHIND?
# 371 A: I ATTEMPT TO DO THAT, YES.
# 372 Q: AND ISN'T IT STANDARD PROCEDURE TO CALL ALL THE PEOPLE THAT ARE INVOLVED IN THE SEARCH AND HAVE A DISCUSSION ABOUT WHETHER OR NOT YOU'RE REALLY DONE?
# 373 A: IT'S NOT STANDARD.
# 374 Q: IS THAT SOMETHING YOU DO?
# 375 A: OCCASIONALLY I WILL DO THAT.
# 376 Q: SOMETHING THAT YOU'VE BEEN INSTRUCTED TO DO?
# 377 A: NEVER BEEN INSTRUCTED TO DO THAT.
# 378 Q: NOW, THERE'S EVEN A BOX ON YOUR CRIME SCENE CHECKLIST THAT INDICATES, "ARE ADDITIONAL SEARCHES NEEDED? IF YES, WHAT AND WHERE"?
# 380 Q: AND YOU DIDN'T FILL THAT OUT WITH RESPECT TO BUNDY?
# 382 Q: BECAUSE AS FAR AS YOU WERE CONCERNED, THERE WERE NO ADDITIONAL SEARCHES NEEDED?
# 383 A: THAT'S NOT TRUE.
# 384 Q: ALL RIGHT. DIRECTING YOUR ATTENTION TO PAGE 3 OF YOUR CRIME SCENE CHECKLIST WITH RESPECT TO BUNDY, NOW, THE -- CAN YOU SEE IN THE MONITOR THERE WHEN IT SAYS, "LIST FAILURE TO LOCATE ITEMS"?
# 386 Q: AND YOU WROTE NEXT TO THAT?
# 387 A: CAN'T MAKE IT OUT ON THAT. LET'S SEE. WHAT PAGE IS THAT ON? N/A WAS WRITTEN BY THIS.
# 388 Q: AND THAT STANDS FOR WHAT?
# 390 Q: AND THAT MEANS AS FAR AS YOU WERE CONCERNED, THERE WERE NO ITEMS THAT YOU HAD FAILED TO LOCATE OTHER THAN WHAT YOU'VE JUST TOLD US BEFORE, THE KNIFE?
# 391 A: ACCORDING TO -- THAT WAS FILLED IN ON THE CHECKLIST THAT WAY.
# 392 Q: AND YOU SEARCHED AS HARD AS YOU POSSIBLY COULD IN THE AREA OF BUNDY FOR THE KNIFE, A KNIFE OR KNIVES?
# 393 A: THE AREA WAS SEARCHED. I DID NOT CONDUCT A COMPLETE SEARCH OF THE ENTIRE AREA THAT WAS SEARCHED.
# 394 Q: WELL, TO YOUR KNOWLEDGE, WERE OTHER PEOPLE SENT OUT TO DO SEARCHING?
# 395 MR. GOLDBERG: THIS CALLS FOR HEARSAY, YOUR HONOR.
# 396 THE COURT: OVERRULED.
# 397 DENNIS FUNG: THAT IS UNDER THE -- THAT IS THE OFFICER'S IN CHARGE OF THE SCENE RESPONSIBILITY. THAT'S NOT MY DUTY.
# 398 Q: BY MR. SCHECK: I UNDERSTAND. BUT TO YOUR -- WAS IT YOUR UNDERSTANDING AND WAS IT YOUR PERCEPTION AT THE TIME THAT YOU WERE ASSIGNED ONE AREA OF THE BUNDY CRIME SCENE TO SEARCH FOR A KNIFE AND THAT OTHER PEOPLE WERE CONDUCTING OTHER SEARCHES IN YOUR PRESENCE FOR A KNIFE?
# 399 MR. GOLDBERG: CALLS FOR HEARSAY, SPECULATION AND NO PERSONAL KNOWLEDGE.
# 400 THE COURT: OVERRULED. THAT'S PART OF THE QUESTION.
# 401 DENNIS FUNG: MY DIRECTIONS WERE TO COLLECT ITEMS OF EVIDENCE IN THE CAGE AREA, COLLECT STAINS ALONG A -- THE PATHWAY NORTH OF THE HOUSE AND TO MEASURE SHOEPRINTS ALONG THE NORTH WALKWAY OF THE HOUSE.
# 402 Q: BY MR. SCHECK: WELL, DID NOT YOUR ASSIGNMENT INCLUDE LOOKING FOR ALL RELEVANT EVIDENCE THAT YOU COULD FIND FROM THE FRONT OF 875 SOUTH BUNDY, THE AREA WHERE THE BODIES WERE FOUND, ALL THE WAY OUT PAST THE REAR GATE WHERE STAINS WERE COLLECTED?
# 403 MR. GOLDBERG: VAGUE AS TO HOW FAR PAST THE REAR GATE.
# 404 THE COURT: SUSTAINED. REPHRASE THE QUESTION.
# 405 Q: BY MR. SCHECK: HOW FAR -- LET'S GO UP TO THE REAR GATE. WOULD YOU SAY IT WAS PART OF YOUR ASSIGNMENT TO LOOK FOR RELEVANT EVIDENCE FROM THE FRONT OF THE CRIME SCENE WHERE THE BODIES WERE FOUND TO THE REAR GATE?
# 406 A: THAT WAS -- WHAT I DESCRIBED PREVIOUSLY WAS WHAT DETECTIVE LANGE TOLD ME.
# 408 A: THE -- IF I HAD FOUND ADDITIONAL ITEMS OF EVIDENCE, THEN THAT WOULD ALSO BE UNDER MY RESPONSIBILITY ALSO.
# 409 Q: I UNDERSTAND. WHAT I'M ASKING YOU, SIR, IS, AS YOU WERE CONDUCTING YOUR INVESTIGATION ON JUNE 13TH, WERE YOU NOT LOOKING ON YOUR OWN IN THIS AREA FOR RELEVANT ITEMS OF EVIDENCE?
# 411 Q: IF YOU SAW A STAIN THAT DETECTIVE LANGE DIDN'T TELL YOU ABOUT THAT LOOKED LIKE IT MIGHT BE IMPORTANT, YOU WOULD HAVE PHOTOGRAPHED IT, HAD IT PHOTOGRAPHED?
# 413 Q: YOU WOULD HAVE HAD IT SWATCHED, COLLECTED?
# 415 Q: NOW, WHEN YOU FINISHED THAT CRIME SCENE AND NOW DIRECTING YOUR ATTENTION TO THE CRIME SCENE CHECKLIST, THERE IS THAT BOX THAT SAYS, "ADDITIONAL SEARCHES NEEDED? IF YES, WHAT AND WHERE"?
# 417 Q: AND THIS WAS NOT FILLED OUT?
# 419 Q: AND SO WHEN YOU LEFT THAT BUNDY CRIME SCENE, AS FAR AS YOU WERE CONCERNED, THERE WERE NO ADDITIONAL SEARCHES NEEDED; IS THAT CORRECT?
# 420 A: WE -- I KNEW THAT WE HAD TO RETURN TO ROCKINGHAM.
# 421 Q: WELL, WHEN YOU LEFT, DID YOU EXPECT THAT IT WAS A VERY GOOD CHANCE THEY WERE GOING TO TEAR DOWN THE YELLOW TAPE AND LET THE PUBLIC APPROACH THE CRIME SCENE AREA?
# 422 A: I KNEW THEY WOULD TEAR DOWN THE CRIME SCENE AT SOME POINT.
# 423 Q: DID IT COME TO YOUR ATTENTION ON JUNE 13TH THAT THE CRIME SCENE TAPE WAS TORN DOWN AND MANY, MANY PEOPLE APPROACHED THE BUNDY CRIME SCENE LOCATION IN BOTH THE FRONT AND IN THE REAR?
# 424 A: I DID BECOME AWARE OF IT AT A LATER DATE.
# 425 Q: AND WHEN DID YOU BECOME AWARE OF IT?
# 427 Q: YOU SAW FOOTAGE ON THE NEWS OF PEOPLE APPROACHING THE FRONT AND BACK OF THE BUNDY CRIME SCENE AREA?
# 428 MR. GOLDBERG: IT'S IRRELEVANT. THERE'S NO PERSONAL KNOWLEDGE.
# 429 THE COURT: SUSTAINED.
# 430 MR. SCHECK: YOUR HONOR, MAY WE APPROACH ABOUT THAT?
# 431 THE COURT: HE HAS NO IDEA WHEN THE VIDEOTAPE WAS TAKEN WE SAW.
# 432 Q: BY MR. SCHECK: WHEN DID YOU SEE A VIDEOTAPE OF PEOPLE IN THE FRONT AND THE REAR OF THE BUNDY CRIME SCENE?
# 433 MR. GOLDBERG: IT'S IRRELEVANT, WHETHER HE SAW SUCH A VIDEOTAPE, YOUR HONOR.
# 434 THE COURT: OVERRULED.
# 435 DENNIS FUNG: I DON'T RECALL WHEN.
# 436 Q: BY MR. SCHECK: WELL, WAS IT WITHIN THE DAY OF THE SEARCH BETWEEN JUNE 13TH AND JUNE 14TH?
# 438 Q: WELL, DO YOU RECALL SOMEBODY CALLING TO YOUR ATTENTION THAT LOTS OF PEOPLE HAD APPROACHED AND TOUCHED THE AREA OF THE BUNDY CRIME SCENE, FRONT AND BACK AREA?
# 439 THE COURT: COUNSEL, WE'VE ALREADY ESTABLISHED WHEN THE CRIME SCENE WAS BROKEN DOWN AND WHEN MR. FUNG WENT BACK DOWNTOWN. SO --
# 440 MR. SCHECK: JUST TRYING TO ASCERTAIN.
# 441 Q: BY MR. SCHECK: WAS THE VIDEOTAPE YOU SAW ON TELEVISION WITHIN A DAY OR TWO OF WHEN YOU CLOSED DOWN THAT CRIME SCENE?
# 442 MR. GOLDBERG: IT'S IRRELEVANT.
# 443 THE COURT: OVERRULED.
# 444 DENNIS FUNG: I DON'T RECALL.
# 445 Q: BY MR. SCHECK: COULD HAVE BEEN?
# 447 Q: ALL RIGHT. CERTAINLY WASN'T MORE THAN A WEEK AFTERWARDS, RIGHT?
# 448 A: IT MAY HAVE BEEN.
# 449 Q: ALL RIGHT. WHEN YOU CLOSED DOWN THE CRIME SCENE, AS FAR AS YOU WERE CONCERNED, NO ADDITIONAL SEARCHES WERE NEEDED, RIGHT?
# 450 A: THAT'S NOT WHAT I STATED.
# 451 Q: ALL RIGHT. WELL, YOU JUST DECIDED NOT TO FILL OUT THE FORM?
# 452 A: IT WAS NOT NECESSARY TO FILL THAT PORTION OUT.
# 453 Q: DID YOU GO TO SOMEBODY AND SAY, "WE REALLY OUGHT TO GO BACK AND CONTINUE SEARCHING THE BUNDY CRIME SCENE AREA BECAUSE I DON'T THINK WE GOT EVERYTHING"?
# 454 A: I NEVER SAID THAT TO ANYBODY.
# 455 Q: DID YOU GO BACK TO DETECTIVE LANGE AND COMPARE NOTES WITH HIM AS TO WHETHER OR NOT YOU COLLECTED EVERYTHING HE ASKED YOU TO COLLECT?
# 456 A: I DIDN'T DO THAT, NO.
# 458 THE COURT: YOU WANT TO MARK THAT?
# 459 MR. SCHECK: YES, AS 1093, YOUR HONOR.
# 461 (DEFT'S 1093 FOR ID = CRIME SCENE CHECKLIST) # 463 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.) # 464 Q: BY MR. SCHECK: YOU FILLED -- A DIAGRAM WAS FILLED OUT OF THE BUNDY CRIME SCENE BY YOU AND MISS MAZZOLA ON JUNE 13TH?
# 466 Q: IT WAS ACTUALLY WRITTEN ON THE BACK OF THE EVIDENCE COLLECTION PAGE; IS THAT CORRECT?
# 468 MR. SCHECK: YOUR HONOR, I WOULD LIKE TO MARK THIS DEFENDANT'S NEXT IN ORDER.
# 470 (DEFT'S 1094 FOR ID = DIAGRAM) # 472 MR. GOLDBERG: I THINK THEY PUT IT ON BACKWARDS, YOUR HONOR.
# 473 THE COURT: HARD TO TELL FROM THIS MONITOR. MR. SCHECK.
# 474 Q: BY MR. SCHECK: YES. NOW, THIS DIAGRAM IS -- PROJECTED TO THE LEFT IS THE FRONT OF THE BUNDY CRIME SCENE, THE FRONT OF 875 IF YOU LOOK AT IT ON THE BOARD THERE?
# 475 A: NO. IT'S UPSIDE DOWN, BUT YES.
# 476 Q: AND MOVING TO THE RIGHT, THAT IS HEADING TOWARDS THE REAR GATE IN THE ALLEY?
# 478 Q: ALL RIGHT. NOW, COULD YOU POINT OUT FOR US --
# 479 MR. GOLDBERG: YOUR HONOR, I'LL OBJECT TO THE DIAGRAM BEING ORIENTED THIS WAY BECAUSE IT'S VERY CONFUSING.
# 480 THE COURT: ALL RIGHT.
# 481 MR. GOLDBERG: WELL --
# 482 DENNIS FUNG: ONE MORE TURN, ONE MORE QUARTER TURN.
# 483 MR. SCHECK: NO, NO, NO. WANT TO DO IT THAT WAY?
# 484 DENNIS FUNG: WELL, THERE IS A NORTH -- THE VERY RIGHT OF IT.
# 485 Q: BY MR. SCHECK: HOW ABOUT THAT?
# 486 A: NO. ONE MORE TURN. THERE.
# 487 Q: WANT TO DO IT THAT WAY? ALL RIGHT. NOW, IF WE COULD -- SO TO THE RIGHT, AS WE LOOK AT THE SCREEN, THAT'S TO THE FRONT OF 875 WHERE THE BODIES WERE FOUND?
# 489 Q: AND AS WE MOVE TO THE LEFT, THAT'S MOVING TOWARDS THE REAR GATE?
# 491 Q: AND THE WAY THAT THIS DIAGRAM IS WRITTEN, WITHIN THE CIRCLES, YOU'VE INDICATED PHOTO IDENTIFICATION NUMBERS?
# 493 Q: AND THAT'S BECAUSE THE -- AT THE TIME THIS DIAGRAM WAS MADE, THE ONLY IDENTIFYING MARKS YOU HAD WERE THESE PHOTO IDENTIFICATION NUMBERS?
# 495 Q: ALL RIGHT. NOW, YOU BEGAN COLLECTING THE BLOOD DROPS THAT WERE IN PROXIMITY TO SHOEPRINTS AT WHAT POINT? WHAT WAS THE FIRST PHOTO ID NUMBER?
# 496 A: THAT WAS IN PROXIMITY TO --
# 498 A: TO SHOEPRINTS ALONG THE TRIAL.
# 499 Q: YES. WHAT YOU'RE CALLING A TRAIL?
# 500 A: THAT WOULD BE PHOTO ID NO. 112. WOULD YOU LIKE THE ITEM NUMBER?
# 501 Q: NO. PHOTO -- ALL RIGHT. PHOTO ITEM 112, THAT WOULD BE ITEM 47?
# 503 Q: AND COULD YOU -- COULD YOU GUIDE MR. HARRIS WITH THE ARROW TO WHERE 112 IS ON THIS DIAGRAM? HE'S GOT IT. SEE THAT DOT?
# 504 A: MORE TO THE LEFT, THE OTHER LEFT, MORE, MORE, MORE, STOP, UP, THERE (INDICATING).
# 505 MR. SCHECK: OKAY. COULD WE JUST INDICATE 112 THERE? CAN WE WRITE 112 THERE? I'LL TELL YOU WHAT. INSTEAD OF CALLING IT 112, WHY DON'T WE MARK IT A.
# 506 Q: BY MR. SCHECK: AND THAT'S THE FIRST ONE YOU COLLECTED ON WHAT YOU'RE CALLING A TRAIL, CORRECT?
# 508 Q: ALL RIGHT. WHERE IS PHOTO NO. 113?
# 509 A: THAT WOULD BE TO THE LEFT OF 1 -- OF A AND SLIGHTLY HIGHER.
# 510 Q: COULD YOU DIRECT THE ARROW TO IT?
# 511 A: LEFT, TOO MUCH, RIGHT THERE (INDICATING).
# 512 Q: OKAY. LET'S CALL THAT B. AND 113 CORRESPONDS WITH ITEM NO. 48?
# 514 Q: ALL RIGHT. NOW, SHOW US NO. 114 THAT CORRESPONDS WITH ITEM NO. -- WITH BLOOD DROP NO. 49?
# 515 A: TO THE LEFT AND HIGHER, LITTLE BIT HIGHER. NO. LITTLE MORE TO YOUR LEFT. RIGHT THERE (INDICATING).
# 516 Q: LET'S MARK THAT C. NOW, YOU AND MISS MAZZOLA WERE COLLECTING THESE IN ORDER ON 112, 113, 114 THAT ARE REFLECTED IN A, B AND C?
# 517 A: TO THE BEST OF MY RECOLLECTION, YES.
# 518 Q: AND YOU'RE MOVING TOWARDS THE REAR AS YOU DO IT?
# 520 Q: AND YOU WERE FOLLOWING DETECTIVE LANGE'S INSTRUCTIONS?
# 522 Q: LET'S MOVE TO ITEM NO. 115 THAT WOULD CORRESPOND WITH NO. 50. WHERE IS THAT IN THIS DIAGRAM?
# 523 A: TO THE LEFT, UP, LITTLE MORE TO THE LEFT. RIGHT THERE (INDICATING).
# 524 Q: OKAY. LET'S MARK THAT D. ALL RIGHT.
NOW, THE NEXT ONE THAT YOU COLLECTED WOULD BE NO. 116, CORRECT?
# 526 Q: AND NO. 115, HOW FAR AWAY IS NO. 115 FROM THE REAR GATE?
# 527 A: I HAVEN'T MADE THAT MEASUREMENT.
# 528 MR. SCHECK: CAN WE PULL THE DIAGRAM A LITTLE TO THE LEFT? IS THAT --
# 529 THE COURT: WELL, THE PROBLEM IS, WE HAVE JUST DISORIENTED ALL THE MARKINGS THEN.
# 530 MR. SCHECK: CAN WE ASK WE PRINT THIS ONE OUT THEN? THEN WE'LL MOVE IT.
# 531 THE COURT: ALL RIGHT.
# 532 Q: BY MR. SCHECK: WOULD YOU AGREE, WHILE THIS IS BEING PRINTED OUT, THAT THE LINE TO THE LEFT OF D WOULD BE IN THE AREA OF THE REAR GATE?
# 533 A: IT COULD BE. I'M NOT POSITIVE.
# 534 Q: WASN'T BLOOD DROP NO. 50 THAT CORRESPONDS WITH ITEM NO. 115 FOUND ON THAT LAST TOP LANDING ON THE SAME LEVEL AS THE REAR GATE?
# 536 Q: AND IT'S JUST A FEW FEET AWAY FROM THAT REAR GATE?
# 537 A: IT'S -- HAVEN'T MEASURED IT, BUT IT'S CLOSE.
# 538 Q: AND ITEM NO. 52 WHICH CORRESPONDS TO PHOTO ITEM NO. 117 IS FOUND BEYOND THE REAR GATE?
# 540 Q: JUST A FEW FEET BEYOND THAT REAR GATE?
# 542 Q: AND YOU SAY -- YOU SAY ON DIRECT EXAMINATION THAT YOU DON'T RECALL DETECTIVE LANGE DIRECTING YOU TO LOOK AT THAT REAR GATE FOR BLOOD DROPS?
# 543 A: I DON'T RECALL HIM SPECIFICALLY TELLING ME TO DO SO, NO.
# 544 Q: DO YOU RECALL HIM TELLING YOU ANYTHING ABOUT TAKING BLOOD DROPS OFF A GATE?
# 545 A: I DON'T HAVE ANY SPECIFIC RECOLLECTION OF HIM HAVING MENTIONED BLOOD ON THE REAR GATE.
# 546 Q: WELL, OFF ANY GATE?
# 548 Q: YEAH. DO YOU REMEMBER HIM SAYING SOMETHING ABOUT, "MAKE SURE TO GET BLOOD DROPS OFF A GATE," SOMETHING TO THAT EFFECT?
# 549 A: I DON'T RECALL HIM SAYING THAT EITHER.
# 552 Q: NOW -- AND HE MIGHT HAVE TOLD YOU TO LOOK AT THE REAR GATE, RIGHT?
# 553 A: THAT'S POSSIBLE.
# 554 Q: NOW, WHY DON'T YOU SHOW US WHERE ITEM NO. 116 IS ON THIS DIAGRAM THAT YOU COLLECTED ON JUNE 13TH.
# 558 Q: PHOTO NO. 116 WHICH CORRESPONDS TO ITEM NO. 51.
# 559 MR. GOLDBERG: YOUR HONOR, I'LL OBJECT BECAUSE YOU CAN'T SEE THE WHOLE DIAGRAM.
# 560 MR. SCHECK: I THINK IF HE EXAMINES THE DIAGRAM, YOUR HONOR, HE'LL FIND IT.
# 561 THE COURT: CAN YOU SEE IT ON THE DIAGRAM, MR. FUNG?
# 562 DENNIS FUNG: I KNOW WHERE IT IS FROM MINE. IT'S NOT VERY CLEAR ON THIS.
# 563 Q: BY MR. SCHECK: WELL, COULD YOU DIRECT THE POINTER TO THE CIRCLE WHERE THAT IS?
# 564 A: YES. TO THE RIGHT. MORE, MORE, DOWN, RIGHT -- MORE. RIGHT THERE (INDICATING).
# 565 Q: LET'S MARK THAT E. NOW, THAT PHOTO NO. 116 THAT CORRESPONDS TO ITEM NO. 51 ARE STAINS ON THE FRONT GATE?
# 566 A: FRONT GATE AREA.
# 567 Q: AND JUST TO GET THE ORDER RIGHT, YOU DID A, B, C AND D AS DEPICTED IN THIS DIAGRAM, RIGHT?
# 569 Q: THEN YOU WENT ALL THE WAY BACK TO THE FRONT TO GET SOMETHING OFF A GATE WHICH IS MARKED AS E THAT CORRESPONDS TO PHOTOGRAPH NO. 116, ITEM NO. 51?
A GENERALLY, THAT WE DO OUR CRIME SCENE OR OUR COLLECTION IN ORDER. IT'S NOT AN STEADFAST RULE THOUGH, BUT GENERALLY WE DO.
# 570 Q: WELL, YOU CERTAINLY WOULD WANT TO KEEP THE PHOTO ID NUMBERS IN ORDER HERE BECAUSE THAT'S WHAT YOU WERE USING TO KEEP TRACK OF THE SAMPLES?
# 571 A: IN ORDER IN WHAT REGARD?
# 572 Q: IN ORDER OF COLLECTION?
# 573 A: WHAT KEPT THE SAMPLES IN ORDER WAS THAT AS WE COLLECTED EACH SAMPLE, WE COLLECT THEM ONE AT A TIME AND LABEL THE PHOTO ID NUMBER ONTO THE COIN ENVELOPE AND PLACE THE SAMPLE THAT WE HAVE JUST COLLECTED THAT'S BEEN LABELED IN THAT ENVELOPE. THAT'S WHAT KEEPS TRACK OF THE SAMPLE.
# 574 Q: ON JUNE 13TH, YOU COLLECTED 112, WHICH IS 47, RIGHT?
# 576 Q: THEN YOU DID 113, WHICH IS 48?
# 578 Q: THEN YOU DID 114, PHOTO NO. 114, WHICH IS SAMPLE 49?
# 580 Q: THEN YOU GOT SAMPLE NO. 50 JUST NEAR THE BACK REAR GATE?
# 582 Q: AND THEN YOU WENT AND YOU DID SAMPLE 51 AT THE FRONT GATE?
# 583 A: I DON'T KNOW IF THAT WAS THE EXACT ORDER.
# 584 Q: WELL, ISN'T THAT THE WAY YOUR NOTES REFLECT THE ORDER OF COLLECTION?
# 585 A: I'VE JUST TOLD YOU THAT GENERALLY --
# 586 Q: IS THAT THE WAY YOUR NOTES REFLECT THE ORDER OF COLLECTION?
# 587 MR. GOLDBERG: IT ASSUMES A FACT NOT IN EVIDENCE, THAT HIS NOTES REFLECT ORDER, ORDER OF COLLECTION.
# 588 THE COURT: OVERRULED. OVERRULED.
# 589 DENNIS FUNG: THE ORDER OF COLLECTION AND THE -- THE PHOTO ID NUMBERS ARE NOT NECESSARILY THE TIMES, A LINEAR THING.
# 590 Q: BY MR. SCHECK: AFTER E OR 116 OR ITEM NO. 51, THE NEXT PHOTO IDENTIFICATION NUMBER IS 117, WHICH CORRESPONDS TO DROP NO. 52?
# 592 Q: AND THAT'S THE ONE THAT'S TO THE LEFT OF D BECAUSE THAT'S IN THE REAR?
# 594 Q: AND ISN'T WHAT HAPPENED, MR. FUNG, IS THAT YOU DID 112, 113, 114, 115, YOU TOOK A LOOK AT THE REAR GATE, YOU DIDN'T SEE ANY BLOODSTAINS AND THEN YOU WENT TO THE FRONT GATE BECAUSE THAT'S WHERE YOU SAW THE BLOODSTAINS?
# 596 Q: THAT'S NOT WHAT HAPPENED?
# 597 A: NO, BECAUSE I LAY OUT MY -- I LAY OUT MY NUMBERS PRIOR TO COLLECTION GENERALLY SPEAKING.
# 598 Q: NOW, YOU WERE SHOWN BY THE PROSECUTION A CLOSE-UP OF THE REAR GATE AS TAKEN ON JUNE 13TH?
# 600 Q: AND THAT WAS EXHIBIT NO. 166-A. REMEMBER THAT?
# 601 A: I REMEMBER A PHOTOGRAPH.
# 602 MR. SCHECK: YOUR HONOR, WHILE MR. HARRIS IS DOING THAT, I WOULD LIKE TO MARK THE PAGE OF THE VEHICLE -- OF THE CRIME SCENE INVESTIGATION CHECKLIST AS 1094 -- THE DIAGRAM. I'M SORRY -- AND THE PRINTOUT WITH ARROWS WILL BE MARKED 1094-A.
# 603 THE COURT: ALL RIGHT. SO MARKED.
# 604 (DEFT'S 1094-A FOR ID = PRINTOUT) # 606 Q: BY MR. SCHECK: NOW, ON DIRECT EXAMINATION, LOOKING AT THAT, THIS PHOTOGRAPH, YOU INDICATED THAT YOU SAW A BLOOD DROP WHICH YOU SAID CORRESPONDED WITH WHAT YOU SAW, ONE OF THE DROPS YOU SAW ON JULY 3RD?
# 607 A: THERE IS A MARK THERE THAT IS -- THAT CORRESPONDS TO IT, YES.
# 608 Q: THERE'S A MARK THERE THAT COULD YOU THINK BE THE BLOOD DROP YOU SAW ON JULY 3RD, MARK IN THIS PICTURE?
# 609 A: COULD YOU REPEAT THAT AGAIN?
# 610 Q: YEAH. DIDN'T YOU TELL US ON DIRECT EXAMINATION THAT YOU, LOOKING AT THIS PICTURE, SAW A MARK HERE ON THE GATE WHICH YOU THOUGHT COULD CORRESPOND TO A BLOOD DROP THAT YOU SAW ON JULY 3RD?
# 612 Q: AND THAT BLOOD DROP WAS DESIGNATED ON JULY 3RD TO BE ITEM NO. 115 IN THIS CASE AND IT ALSO BORE A PHOTO IDENTIFICATION MARK OF 115?
# 614 Q: WHAT YOU SAW ON JULY 6 -- JULY 3RD THERE WAS ALSO A BLOOD DROP THAT WAS MARKED 116?
# 616 MR. SCHECK: MR. HARRIS, COULD WE SHOW THAT?
# 618 Q: BY MR. SCHECK: YOU SEE WHAT IS MARKED AS 116?
# 620 Q: AS A BLOOD DROP ON THE REAR GATE?
# 622 Q: THAT'S WHAT YOU SAW ON JULY 3RD?
# 624 Q: LET'S LOOK BACK AT THE PICTURE OF THE GATE ON JUNE 13TH. WHERE IS IT, MR. FUNG?
# 625 A: I CAN'T SEE IT IN THE PIC -- PHOTOGRAPH.
# 626 MR. SCHECK: YOUR HONOR, I THINK THAT'S --
# 627 THE COURT: YOU ABOUT TO SHIFT GEARS?
# 628 MR. SCHECK: REALLY AM.
# 629 THE COURT: I MEAN WE'VE GOT THREE MINUTES.
# 630 MR. SCHECK: YOU WANT ME TO SHIFT GEARS FOR THREE MINUTES?
# 631 THE COURT: SHIFT GEARS.
# 632 MR. SCHECK: LET ME ASK MR. BLASIER FOR A GEAR SHIFTING --
# 634 THE COURT: ALL RIGHT. I SEE THE LAWYERS FROM MY 4:30 CALENDAR HERE. ALL RIGHT.
# 635 MR. SCHECK: LAST QUESTION.
# 636 THE COURT: LAST QUESTION.
# 637 Q: BY MR. SCHECK: DO YOU KNOW OF ANY OTHER PICTURES TAKEN OF THAT REAR GATE ON JUNE 13TH THAT SHOW ANYTHING THAT CAN CORRESPOND TO BLOOD DROP NO. 116?
# 638 A: ARE YOU TALKING ABOUT THE PHOTO ITEM OR ARE YOU TALKING ABOUT THE ITEM NUMBER?
# 639 Q: I'M TALKING ABOUT THE ITEM NO. 116, THE BLOOD DROP THAT YOU SAW ON JULY 3RD.
# 640 A: A PHOTOGRAPH FROM JUNE 13TH?
# 641 Q: YES. THIS IS THE BEST WE CAN DO OF THAT GATE AREA?
# 642 A: THAT'S THE BEST PHOTOGRAPH THAT I'M AWARE OF.
# 643 Q: AND ON JULY 3RD, YOU SAW BLOOD ON THE MESH OF THE GATE THAT YOU COLLECTED THAT BECAME ITEM NO. 117?
# 645 Q: AND HAVE YOU SEEN ANY PICTURES TAKEN ON JUNE 13TH THAT DISPLAY ANYTHING IN THE AREA OF WHAT YOU SAW AS ITEM 117 ON JULY 3RD?
# 646 A: I HAVEN'T SEEN ANY.
# 647 MR. SCHECK: THANK YOU, YOUR HONOR.