Redirect examination of Dennis Fung (part 3)

📄 Redirect examination of Dennis Fung (part 3) — Tuesday, April 11, 1995

Address:

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

TRIAL

▲ Day 54 of 167

◀ Noon recess Sidebar: vehicle search scope ▶

Witness: Dennis Fung
Examiner: Hank Goldberg
Called by: Prosecution • Date: Tuesday, April 11, 1995 • Utterances: 77

Barry Scheck resumes cross-examination of LAPD criminalist Dennis Fung after the noon recess, focusing exclusively on the June 14th search of OJ Simpson's Ford Bronco at the print shed. Scheck establishes that an unidentified detective from the Burglary Auto Division opened the Bronco with a slimjim and left no record whatsoever of his presence. The examination ends at a sidebar after the prosecution objects that questions about a June 28th Bronco search are beyond the scope of direct.

# 1 THE COURT:

THANK YOU VERY MUCH, LADIES AND GENTLEMEN. PLEASE BE SEATED. ALL RIGHT. LET THE RECORD REFLECT THAT WE HAVE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL.

DENNIS FUNG, THE WITNESS ON THE STAND AT THE TIME OF THE NOON RECESS, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

# 2 THE COURT:

MR. DENNIS FUNG IS AGAIN ON THE WITNESS STAND UNDERGOING CROSS-EXAMINATION BY MR. SCHECK. GOOD AFTERNOON, LADIES AND GENTLEMEN.

# 3 THE JURY:

GOOD AFTERNOON.

# 4 THE COURT:

ALL RIGHT. GOOD AFTERNOON, MR. FUNG.

# 5 DENNIS FUNG:

GOOD AFTERNOON.

# 6 THE COURT:

YOU ARE REMINDED YOU ARE STILL UNDER OATH, SIR. AND MR. SCHECK, YOU MAY CONTINUE WITH YOUR CROSS-EXAMINATION.

# 7 MR. SCHECK:

THANK YOU VERY MUCH, YOUR HONOR. GOOD AFTERNOON, LADIES AND GENTLEMEN.

# 8

CROSS-EXAMINATION (RESUMED)

# 9

BY MR. SCHECK:

# 10 Q:

GOOD AFTERNOON, MR. FUNG. HOW ARE YOU, SIR?

# 11 A:

GOOD AFTERNOON.

# 12 Q:

LET'S MOVE ON TO THE SEARCH OF THE BRONCO ON JUNE 14TJ. UMM, YOU TESTIFIED ON DIRECT EXAMINATION THAT ON THE MORNING OF JUNE 14TH YOU AND MISS MAZZOLA CONDUCTED A SEARCH OF MR. SIMPSON'S FORD BRONCO?

# 13 A:

YES.

# 14 Q:

AND ABOUT WHAT TIME DID YOU COMMENCE TO DO THAT, SIR?

# 15 A:

WE STARTED AT ABOUT 10:30 IN THE MORNING.

# 16 Q:

AND BEFORE YOU WENT TO SEARCH THE BRONCO YOU WERE OVER AT THE SID HEADQUARTERS, SO TO SPEAK?

# 17 A:

AT THE CRIME LAB, YES.

# 18 Q:

THE CRIME LAB. AND THAT IS ON 555 RAMIREZ STREET?

# 19 A:

YES, IT IS.

# 20 Q:

AND HOW FAR AWAY IS THE PRINT SHEET FROM THERE?

# 21 A:

ABOUT A MILE.

# 22 Q:

AND DID YOU DRIVE FROM THE CRIME LABORATORY TO THE PRINT SHED?

# 23 A:

YES.

# 24 Q:

AND ABOUT HOW LONG DO YOU THINK THAT TOOK?

# 25 A:

FIVE MINUTES.

# 26 Q:

SO ABOUT WHAT TIME DO YOU BELIEVE YOU LEFT THE CRIME LABORATORY?

# 27 A:

APPROXIMATELY 10:15, 10:20.

# 28 Q:

NOW, YOU TOLD US ON DIRECT EXAMINATION THAT YOU NEEDED THE ASSISTANCE OF A DETECTIVE TO OPEN THE BRONCO?

# 29 A:

YES.

# 30 Q:

AND THIS IS A DETECTIVE FROM A CERTAIN DIVISION OF THE LOS ANGELES POLICE DEPARTMENT?

# 31 A:

YES.

# 32 Q:

AND WHAT IS THAT DIVISION?

# 33 A:

I BELIEVE THE DETECTIVE WAS FROM BURGLARY AUTO DIVISION.

# 34 Q:

AND IS THAT SOMETIME REFERRED TO AS B-A-D OR B.A.D. ON FORMS?

# 35 A:

YES.

# 36 Q:

AND THIS DETECTIVE -- DO YOU RECALL WHO THIS INDIVIDUAL WAS?

# 37 A:

I'M SORRY, I DO NOT.

KEY QUOTE

# 38 Q:

DID THIS INDIVIDUAL HAVE TO SIGN IN BEFORE COMING TO THE PRINT SHED AND OPENING THE BRONCO?

# 39 A:

NO.

# 40 Q:

TO YOUR KNOWLEDGE IS THERE ANY RECORD OF THIS PERSON'S PRESENCE AT THE PRINT SHED?

# 41 A:

NO.

# 42 Q:

NOW, YOU SAID THAT THIS INDIVIDUAL CAME AND OPENED THE BRONCO WITH WHAT IS KNOWN AS A SLIMJIM?

# 43 A:

YES.

# 44 Q:

COULD YOU DESCRIBE THAT FOR US?

# 45 A:

IT IS A THIN PIECE OF METAL, APPROXIMATELY TWO AND A HALF FEET IN LENGTH AND SLIGHTLY RIGID.

# 46 Q:

AND THIS DETECTIVE JUST TAKES THIS SLIMJIM AND PUSHES IT DOWN BETWEEN THE WINDOW AND THE CAR DOOR IN THE AREA OF THE LOCK, PULLS IT OUT AND THE DOORS OPEN?

# 47 MR. GOLDBERG:

WELL, NO FOUNDATION THAT THIS WITNESS KNOWS HOW TO DO THAT.

# 48 THE COURT:

OVERRULED. WHAT DID YOU OBSERVE?

# 49 DENNIS FUNG:

THAT IS WHAT I OBSERVED.

# 50 Q:

BY MR. SCHECK: TOOK A MATTER OF SECONDS?

# 51 A:

HE WORKED AT IT FOR A LITTLE WHILE.

# 52 Q:

WELL, THIRTY SECONDS, A MINUTE?

# 53 A:

I -- SOMEWHERE IN THAT TIME FRAME, YES.

KEY QUOTE

# 54 Q:

ALL RIGHT. SO THIRTY SECONDS TO A MINUTE TO OPEN THAT DOOR WITH THE SLIMJIM, IN AND OUT?

# 55 A:

ROUGHLY, YES.

# 56 Q:

YOU HAVE SEEN OTHER DETECTIVES DO THAT, HAVEN'T YOU?

# 57 A:

I HAVE SEEN OTHER PEOPLE DO IT, YES.

# 58 MR. GOLDBERG:

WELL, I OBJECT TO THE WITNESS' ANSWER. MAKE A MOTION TO STRIKE.

# 59 THE COURT:

OVERRULED.

# 60 Q:

BY MR. SCHECK: NOW, YOU ALSO CONDUCTED A SEARCH OF THE BRONCO ON JUNE 28TH?

# 61 A:

JUNE 28TH? YES.

# 62 Q:

AND BY THAT TIME THE BRONCO HAD BEEN MOVED FROM THE PRINT SHED AND TAKEN TO A PLACE CALLED VIERTEL'S?

# 63 A:

SAY JUNE 28TH?

# 64 Q:

YES, JUNE 28TH.

# 65 A:

YES.

# 66 Q:

NOW, YOU MADE OUT REPORTS WITH RESPECT TO BOTH SEARCHES, THE SEARCH ON JUNE 14TH AND THE SEARCH ON JUNE 28TH?

# 67 A:

PROPERTY REPORTS? IS THAT WHAT YOU ARE REFERRING TO?

# 68 Q:

NO, A FORM CALLED A VEHICLE SEARCH CHECKLIST?

# 69 A:

YES.

# 70 Q:

THIS IS A FORM THAT IS SIMILAR TO THE CRIME SCENE CHECKLIST?

# 71 A:

EXCEPT IT IS APPLIED TOWARDS VEHICLES, YES.

# 72 Q:

EXCEPT IT IS APPLIED TO VEHICLES. AND ON THE CRIME SCENE CHECKLIST -- WITHDRAWN. ON THE VEHICLE SEARCH CHECKLIST ON PAGE 3 THERE IS A BOX OR A LINE WHERE YOU ARE SUPPOSED TO INDICATE HOW THE VEHICLE IS OPENED?

# 73 MR. GOLDBERG:

YOUR HONOR, WE DIDN'T ASK ANYTHING ABOUT JUNE 28TH. IT IS BEYOND THE SCOPE.

# 74 THE COURT:

SUSTAINED.

# 75 MR. SCHECK:

YOUR HONOR, I BELIEVE THAT.

# 76 THE COURT:

SIDE BAR.

# 77 MR. SCHECK:

SURE.

Temperature

tense

Key Quotes (3)

Dennis Fung

I'M SORRY, I DO NOT.

Fung cannot identify the detective who opened the Bronco — meaning no one can verify who had access to the vehicle before evidence collection began.

Dennis Fung

NO.

Fung confirms the unidentified detective did not sign in and left no record of his presence at the print shed, undermining chain of custody.

Dennis Fung

SOMEWHERE IN THAT TIME FRAME, YES.

Fung concedes the Bronco could be opened in thirty seconds to a minute with a slimjim — establishing how quickly unauthorized access could have occurred.

Evidence (2)

Informal

Vehicle Search Checklist form for the June 14th Bronco search, including a field for how the vehicle was opened

referenced, not yet introduced — examination cut off by sidebar

Informal

Ford Bronco belonging to OJ Simpson, searched at the print shed on June 14th

discussed

Notable Exchanges (2)

Barry Scheck•Dennis Fung

Scheck methodically establishes that the detective who opened the Bronco was unidentified, did not sign in, and left no record — building a chain-of-custody gap with Fung's quiet confirmations.

strategic

Hank Goldberg•Lance A. Ito

Goldberg objects twice in quick succession on the slimjim testimony and is overruled both times, suggesting the court found the objections thin.

procedural

Credibility Attacks (1)

⚔ Dennis Fung

chain of custody gap

Scheck establishes that Fung cannot name the detective who opened the Bronco, that no sign-in was required, and that no record exists of the person's presence — implying unverifiable access to the vehicle before evidence collection.

Objections

3 objections (1 sustained, 2 overruled)

Proceeding 5640 • 77 utterances • Prosecution witness

Criminal Trial

Department 103