Cross-examination of Dennis Fung (morning, part 4)

📄 Cross-examination of Dennis Fung (morning, part 4) — Wednesday, April 12, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\12\CROSS-EXAMINATION-OF-DENNIS-FU.DOC

TRIAL

▲ Day 55 of 167

◀ Discovery discussion Sidebar: document examination ▶

Witness: Dennis Fung
Examiner: Barry Scheck
Called by: Prosecution • Date: Wednesday, April 12, 1995 • Utterances: 241

Barry Scheck resumes cross-examination of criminalist Dennis Fung, pressing him on the highly irregular chain of custody for OJ Simpson's blood sample — specifically why Detective Vannatter drove the vial across town to the Rockingham crime scene rather than booking it at Parker Center or SID. Fung admits he cannot recall a single prior instance where a detective delivered a blood sample directly to a crime scene, and that he never asked Vannatter how long he had been carrying the sample. The session ends with Scheck introducing Defendant's 1100, a card-transaction access report for the evidence processing room on June 14th, prompting a prosecution objection and sidebar.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

# 2 THE COURT:

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

# 3 THE JURY:

GOOD AFTERNOON.

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

# 4 THE COURT:

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

# 5 DENNIS FUNG:

GOOD AFTERNOON.

# 6 THE COURT:

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

# 7 MR. SCHECK:

GOOD AFTERNOON, LADIES AND GENTLEMEN OF THE JURY.

# 8 THE JURY:

GOOD AFTERNOON.

# 9

CROSS-EXAMINATION (RESUMED)

# 10

BY MR. SCHECK:

# 11 Q:

GOOD AFTERNOON, MR. FUNG.

# 12 A:

GOOD AFTERNOON.

# 13 Q:

MR. FUNG, WHEN WE LEFT OFF, WE WERE DISCUSSING WHAT YOU TOLD US ABOUT THE TRANSFER OF THE BLOOD VIAL TO YOU IN THE FOYER OF MR. SIMPSON'S HOME ON THE AFTERNOON OF JUNE 13.

# 14 A:

YES.

# 15 Q:

NOW, DO YOU RECALL WHAT YOU WERE DOING JUST PRIOR TO THE TRANSFER OF THIS BLOOD VIAL?

# 16 A:

NO, I DO NOT.

# 17 Q:

DO YOU RECALL THAT AN ITEM NO. 15 WAS RETRIEVED FROM A TRASH BASKET IN THE FOYER?

# 18 A:

YES.

# 19 Q:

AND AN ITEM NO. 16 WAS RETRIEVED FROM A BENCH OUTSIDE THE FRONT DOOR OF MR. SIMPSON'S HOME?

# 20 MR. GOLDBERG:

I OBJECT TO ANY EVIDENCE OF 15 AND 16. MAKE A MOTION TO STRIKE.

# 21 MR. SCHECK:

I'M NOT MENTIONING WHAT IT IS, JUST THAT THOSE WERE ITEMS IN THOSE LOCATIONS.

# 22 THE COURT:

ALL RIGHT. I WILL ALLOW IT TO STAY.

# 23 Q:

BY MR. SCHECK: DO YOU RECALL THAT?

# 24 A:

YES.

# 25 Q:

NOW, DID YOU RECEIVE THE BLOOD VIAL BEFORE ITEMS 15 AND 16 WERE COLLECTED?

# 26 A:

NO, I -- I RECEIVED IT AFTERWARD.

# 27 Q:

AND YOU JUST REFRESHED YOUR RECOLLECTION BY LOOKING AT YOUR NOTES?

# 28 A:

YES, I DID.

# 29 Q:

AND THE NOTES REFLECT THAT THOSE ITEMS WERE PICKED UP AT FIVE O'CLOCK?

# 30 A:

YES.

# 31 Q:

AND SINCE YOU ARE TELLING US THAT YOU RECEIVED THIS BLOOD VIAL AT 5:20, YOU HAVE CONCLUDED THAT THIS WAS AFTER THOSE TWO ITEMS WERE COLLECTED?

# 32 A:

YES.

# 33 Q:

NOW -- BUT DO YOU HAVE, AS YOU SIT HERE TODAY, AN INDEPENDENT RECOLLECTION OF THE ORDER IN WHICH YOU RECEIVED THE ITEMS, OTHER THAN LOOKING AT YOUR NOTES?

# 34 A:

NO.

# 35 Q:

NOW, YOU MENTIONED TO US THAT YOU THOUGHT THAT YOU PUT THE ENVELOPE CONTAINING THE BLOOD VIAL IN A PAPER BAG OR WHAT YOU CALLED A POSSE BOX?

# 36 MR. GOLDBERG:

I THINK THAT MISSTATES THE TESTIMONY. HE DIDN'T RECALL.

# 37 THE COURT:

SUSTAINED.

# 38 Q:

BY MR. SCHECK: WHAT IS A POSSE BOX?

# 39 A:

A POSSE BOX IS A NOTE PAD THAT IS METALLIC, IT HAS A COVER ON IT THAT YOU CAN STORE -- IT IS A BOX THAT IS SHAPED LIKE A NOTE PAD EXCEPT IT CAN CARRY THINGS.

# 40 Q:

DID YOU HAVE ONE OF THOSE WITH YOU THAT DAY?

# 41 A:

I DON'T RECALL IF WE DID OR NOT.

# 42 Q:

WERE YOU CARRYING ONE, TO THE BEST OF YOUR RECOLLECTION THAT DAY, WHEN YOU LEFT THE -- MR. SIMPSON'S FRONT DOOR TO GO BACK TO YOUR CRIME SCENE TRUCK ON THE AFTERNOON OF JUNE 13?

# 43 A:

I DON'T RECALL IF I WAS OR WAS NOT CARRYING A POSSE BOX.

# 44 Q:

ALL RIGHT. TO THE BEST OF YOUR RECOLLECTION HOW DID YOU CARRY THIS GRAY ENVELOPE CONTAINING MR. SIMPSON'S BLOOD VIAL WHEN YOU -- WITHDRAWN. I TAKE IT AT SOME POINT IN TIME YOU LEFT THE FOYER AREA AND RETURNED TO YOUR CRIME SCENE TRUCK?

# 45 A:

YES.

# 46 Q:

ALL RIGHT. AND YOU WERE CARRYING THAT GRAY ENVELOPE?

# 47 A:

EITHER BY ITSELF, IN A POSSE BOX OR IN A PAPER BAG.

# 48 Q:

SO IT WOULD BE ONE OF THOSE THREE WAYS OF CARRYING IT, EITHER OUT BY ITSELF IN YOUR HAND, IN A PAPER BAG OR IN A POSSE BOX?

# 49 A:

YES.

# 50 Q:

AND WHEN YOU -- OKAY. MR. FUNG, WAS IT YOUR IDEA TO HAVE DETECTIVE VANNATTER TAKE MR. SIMPSON'S BLOOD VIAL FROM THE PARKER CENTER TO ROCKINGHAM TO DELIVER IT TO YOU?

# 51 A:

NO, IT WAS NOT.

# 52 Q:

DID DETECTIVE VANNATTER CALL YOU UP AND ASK YOU IF YOU WANTED TO HAVE MR. SIMPSON'S BLOOD VIAL BOOKED AT SID AND A DR NUMBER BOUGHT BEFORE HE BROUGHT IT TO THE SCENE?

# 53 A:

NO.

# 54 Q:

WOULD IT NOT BE NORMAL PRACTICE, UPON RECEIPT OF A BLOOD VIAL, FOR A DETECTIVE TO BUY A DR NUMBER AND BOOK IT EITHER AT PARKER CENTER OR AT SID SO THE BLOOD VIAL COULD BE REFRIGERATED?

# 55 MR. GOLDBERG:

CALLS FOR SPECULATION, NO FOUNDATION.

# 56 THE COURT:

SUSTAINED WITHOUT FURTHER FOUNDATION.

# 57 Q:

BY MR. SCHECK: DO YOU HAVE KNOWLEDGE OF THE USUAL PRACTICES BY WHICH BLOOD VIAL SAMPLES ARE BOOKED IN THE COURSE OF CASES?

# 58 MR. GOLDBERG:

IT IS VAGUE AS TO BY CRIMINALISTS OR --

# 59 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

# 60 Q:

BY MR. SCHECK: DO YOU HAVE KNOWLEDGE OF HOW BLOOD VIAL SAMPLES ARE SUPPOSED TO BE BOOKED OR ARE -- WITHDRAWN. DO YOU HAVE KNOWLEDGE OF HOW BLOOD VIAL SAMPLES ARE SUPPOSED TO BE BOOKED BY POLICE OFFICERS?

# 61 A:

I HAVE A LIMITED KNOWLEDGE OF THAT.

# 62 Q:

AND THAT LIMITED KNOWLEDGE COMES FROM THE LAPD MANUAL?

# 63 A:

IN PART, YES.

# 64 Q:

AND THE PRACTICE IS THAT UPON RECEIPT OF A BLOOD SAMPLE TAKEN FROM A SUSPECT THAT THE DETECTIVE IS TO BOOK IT EITHER AT THE PROPERTY ROOM OR AT THE SID CENTER?

# 65 MR. GOLDBERG:

THERE IS STILL AN INADEQUATE FOUNDATION, YOUR HONOR.

# 66 THE COURT:

OVERRULED. YOU CAN ANSWER THE QUESTION.

# 67 DENNIS FUNG:

THE MANUAL IS USED AS A GUIDE AND THAT -- AND THAT IS THE GUIDELINE FOR OFFICERS, YES.

# 68 Q:

BY MR. SCHECK: HAS ANYBODY DISCUSSED WITH YOU THE PHRASE THE MANUAL IS TO BE REGARDED AS A GUIDE?

# 69 MR. GOLDBERG:

IRRELEVANT.

# 70 THE COURT:

OVERRULED.

# 71 DENNIS FUNG:

YES.

# 72 Q:

BY MR. SCHECK: DID DETECTIVE LANGE HAVE ANY CONVERSATIONS WITH YOU ABOUT THE LAPD MANUAL BEING CONSIDERED A GUIDE, BUT NOT -- A GUIDELINE OR JUST A GUIDE TO GOVERN THE CONDUCT OF OFFICERS?

# 73 A:

I HAVE HEARD HIM SAY THAT AND I HAVE HEARD MANY OTHER PEOPLE SAY THAT ALSO.

# 74 Q:

WHEN DID YOU HEAR DETECTIVE LANGE TALK ABOUT THE RULES IN THE LAPD MANUAL BEING GUIDES?

# 75 A:

I DON'T RECALL WHEN. IT WAS SOMETIME AFTER THIS INVESTIGATION STARTED, THOUGH.

# 76 Q:

ABOUT HOW LONG INTO IT?

# 77 A:

I DON'T RECALL, BUT I DO RECALL HIM AS BEING ONE OF THE PEOPLE WHO SAID THAT, THOUGH.

# 78 Q:

AND DO YOU RECALL HOW THAT SUBJECT CAME UP, THAT THE RULES IN THE LAPD MANUALS WERE TO BE REGARDED AS GUIDELINES?

# 79 A:

I DON'T RECALL THE EXACT -- WHAT LED UP TO THAT CONVERSATION.

# 80 Q:

WAS IT A DISCUSSION IN WHICH YOU WERE POINTING OUT TO DETECTIVE LANGE THAT HE HADN'T FOLLOWED THE RULES IN THE LAPD MANUAL?

# 81 MR. GOLDBERG:

WELL --

# 82 DENNIS FUNG:

NO.

# 83 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 84 Q:

BY MR. SCHECK: WELL, WITH RESPECT TO YOUR KNOWLEDGE OF THE LAPD MANUAL, IS IT NOT THE PRACTICE THAT A BLOOD VIAL TAKEN FROM A SUSPECT IS TO BE BOOKED AS SOON AS POSSIBLE?

# 85 MR. GOLDBERG:

THERE IS NO FOUNDATION THAT HE KNOWS PRACTICE.

# 86 THE COURT:

OVERRULED.

# 87 DENNIS FUNG:

COULD YOU PLEASE REPEAT THE QUESTION.

# 88 Q:

BY MR. SCHECK: FROM YOUR KNOWLEDGE OF THE LAPD MANUAL IS IT NOT THE RULE THAT A BLOOD VIAL TAKEN FROM A SUSPECT --

# 89 THE COURT:

BLOOD SAMPLE.

# 90 Q:

BY MR. SCHECK: BLOOD SAMPLE TAKEN FROM A SUSPECT IS TO BE BOOKED AS SOON AS POSSIBLE?

# 91 A:

I DON'T KNOW IF THAT IS EXACTLY WHAT IT STATES.

# 92 Q:

WELL, IN TERMS OF YOUR UNDERSTANDING, DOES THAT -- DOES THAT COMPORT WITH YOUR UNDERSTANDING? IS THAT CONSISTENT WITH YOUR UNDERSTANDING OF WHAT THE RULES REQUIRE?

# 93 MR. GOLDBERG:

THAT IS VAGUE AND NO FOUNDATION.

# 94 THE COURT:

OVERRULED.

# 95 MR. GOLDBERG:

ALSO CALLS FOR HEARSAY.

# 96 THE COURT:

OVERRULED.

# 97 DENNIS FUNG:

THAT IS SOMEWHAT CONSISTENT WITH THE EXACT WORDING OF WHAT THE MANUAL WANTS.

# 98 Q:

BY MR. SCHECK: AND IN TERMS OF YOUR UNDERSTANDING OF THE MANUAL, THE PRACTICE IN THIS CASE SHOULD HAVE BEEN FOR DETECTIVE VANNATTER TO BUY A DR NUMBER DOWN AT PARKER CENTER AND BOOK MR. SIMPSON'S BLOOD VIAL, EITHER AT THE PARKER CENTER OR AT SID?

# 99 MR. GOLDBERG:

CALLS FOR SPECULATION.

# 100 THE COURT:

SUSTAINED.

# 101 Q:

BY MR. SCHECK: WHEN WE TALK ABOUT BOOKING A BLOOD VIAL FROM A SUSPECT, DO YOU MEAN THAT THAT VIAL IN THE ANALYZED EVIDENCE ENVELOPE IS HANDED TO SOMEBODY AT THE EVIDENCE CONTROL UNIT AT SID?

# 102 A:

ACCORDING TO THE MANUAL I BELIEVE THE DEFINITION OF BOOKING IS THE REGISTERING OF PROPERTY INTO DEPARTMENTAL RECORDS ARE THE PROCESSING OF ENTERING INTO DEPARTMENTAL RECORDS EVIDENCE OR PERSONS.

# 103 Q:

AND YOUR UNDERSTANDING OF ENTERING IT INTO DEPARTMENTAL RECORDS WOULD MEAN IN THE CASE OF A BLOOD VIAL, SUCH AS THE ONE AT ISSUE IN THIS CASE, THAT IT WOULD BE TURNED OVER TO SOMEONE AT THE EVIDENCE CONTROL UNIT AT SID? THAT WOULD BE ONE WAY OF DOING IT?

# 104 A:

WELL, IF WE ARE GOING EXACTLY TO THE LETTER OF THAT DEFINITION, AS SOON AS IT IS MARKED ON SOME TYPE OF DEPARTMENTAL RECORD, THAT WOULD BEGIN THE BOOKING PROCESS.

# 105 Q:

WHEN WE USE THE TERM "BOOKING" BEFORE -- ALL RIGHT. WITHDRAWN. WOULD NOT THE BOOKING OF THE BLOOD VIAL BE ACCOMPLISHED BY TAKING IT TO THE EVIDENCE CONTROL UNIT, HANDING IT TO THE CLERK, BUYING A DR NUMBER AND HAVING THE BLOOD VIAL REFRIGERATED?

# 106 A:

IN THAT ORDER?

# 107 Q:

YEAH.

# 108 A:

YOU COULDN'T DO IT IN THAT ORDER.

# 109 Q:

BUY A DR NUMBER AND THEN GIVE IT TO SOMEONE AT THE EVIDENCE CONTROL UNIT SO IT COULD BE REFRIGERATED?

# 110 A:

THAT WOULD BE THE FINAL STAGE OF BOOKING.

# 111 Q:

COULD DETECTIVE VANNATTER, UNDER THE RULES AS YOU KNEW THEM, HAVE DONE THAT ON JUNE 13TH, GONE RIGHT OVER TO SID, AFTER BUYING A DR NUMBER, AND GIVE THE CLERK AT THE EVIDENCE CONTROL UNIT THE BLOOD VIAL?

# 112 MR. GOLDBERG:

CALLS FOR SPECULATION.

# 113 THE COURT:

SUSTAINED.

# 114 Q:

BY MR. SCHECK: IN TERMS OF YOUR UNDERSTANDING OF THE RULES, WOULD THAT HAVE BEEN CONSISTENT WITH THE RULES?

# 115 MR. GOLDBERG:

IT IS IRRELEVANT, CALLS FOR SPECULATION.

# 116 THE COURT:

OVERRULED. YOU CAN ANSWER THAT QUESTION.

# 117 DENNIS FUNG:

THAT WOULD HAVE BEEN ONE WAY TO HAVE DONE THAT.

KEY QUOTE

# 118 Q:

BY MR. SCHECK: AND ISN'T THAT THE WAY, IN YOUR EXPERIENCE, IT IS ORDINARILY DONE BY DETECTIVES?

# 119 MR. GOLDBERG:

NO FOUNDATION FOR THAT.

# 120 THE COURT:

SUSTAINED.

# 121 Q:

BY MR. SCHECK: YOU HAVE BEEN WORKING AS A CRIMINALIST FOR EIGHT YEARS?

# 122 A:

TEN YEARS.

# 123 Q:

TEN YEARS, MY APOLOGIES. AND YOU HAVE BEEN DOING CRIME SCENES FOR HOW LONG?

# 124 A:

ALMOST TEN YEARS.

# 125 Q:

AND IN YOUR EXPERIENCE IS IT NOT THE ORDINARY PRACTICE THAT AFTER DETECTIVES GET A BLOOD SAMPLE FROM A SUSPECT THAT THEY TAKE IT TO THE EVIDENCE CONTROL UNIT AND BOOK IT THERE?

# 126 A:

IN MY EXPERIENCE I HAVE NEVER HAD A DETECTIVE OBTAIN A BLOOD SAMPLE THAT QUICKLY.

# 127 Q:

SO IT WOULD BE YOUR TESTIMONY THAT IN YOUR EXPERIENCE YOU HAVE NEVER KNOWN A DETECTIVE NOT TO OBTAIN A -- DETECTIVE -- WITHDRAWN. IN YOUR EXPERIENCE WHAT YOU KNOW IS THAT DETECTIVES ORDINARILY GET BLOOD VIALS FROM SUSPECTS AND BOOK IT?

# 128 MR. GOLDBERG:

THAT MISSTATES HIS TESTIMONY.

# 129 THE COURT:

SUSTAINED.

# 130 Q:

BY MR. SCHECK: IN YOUR EXPERIENCE HAVE YOU EVER BEFORE BEEN IN A SITUATION WHERE A DETECTIVE OBTAINED A BLOOD VIAL FROM A SUSPECT --

# 131 THE COURT:

SAMPLE. YOU KEEP SAYING BLOOD VIAL.

# 132 MR. SCHECK:

OKAY.

# 133 THE COURT:

SAMPLE.

# 134 MR. SCHECK:

THANK YOU, YOUR HONOR.

# 135 Q:

OBTAINED A BLOOD SAMPLE FROM A SUSPECT AND INSTEAD OF BOOKING IT DOWNTOWN WHERE IT WAS TAKEN AT SID OR AT PARKER CENTER, DRIVE IT ALL THE WAY BACK TO A CRIME SCENE? HAS THAT EVER HAPPENED IN YOUR EXPERIENCE?

# 136 MR. GOLDBERG:

IT IS IRRELEVANT AND NO FOUNDATION.

# 137 THE COURT:

OVERRULED.

# 138 DENNIS FUNG:

I HAVE -- I CAN'T REMEMBER ONE INSTANCE WHERE THAT HAS HAPPENED.

KEY QUOTE

# 139 MR. SCHECK:

THANK YOU.

# 140 THE COURT:

HAVE WE ABOUT EXHAUSTED THIS LINE OF INQUIRY?

# 141 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 142 Q:

BY MR. SCHECK: AND TO YOUR KNOWLEDGE THERE IS A PLACE IN PARKER CENTER WHERE THIS BLOOD VIAL COULD HAVE BEEN BOOKED AND REFRIGERATED IF A DR NUMBER HAD BEEN OBTAINED?

# 143 (NO AUDIBLE RESPONSE.)

# 144 Q:

YOU KNOW THAT?

# 145 A:

BLOOD SAMPLES CAN BE BOOKED DOWN AT PARKER CENTER.

# 146 Q:

SO YOU EXAMINED, YOU HAVE TOLD US, THIS BLOOD VIAL?

# 147 A:

I LOOKED AT IT, YES.

# 148 Q:

AND IN LOOKING AT IT YOU DETERMINED THAT IT HAD BEEN DRAWN, AT LEAST BY THE MARKINGS ON IT, AT 2:30 IN THE AFTERNOON?

# 149 A:

I LOOKED AT THE VIAL TO SEE IF IT WAS INTACT AND I DID LOOK AT THE ENVELOPE, BUT I DON'T REMEMBER ALL THE WRITING ON THE ENVELOPE.

# 150 Q:

SO YOU CAN'T TELL US WHETHER OR NOT THIS WAS ACTUALLY DRAWN AT 2:30 IN THE AFTERNOON?

# 151 A:

I DON'T REMEMBER. I WOULD HAVE TO REFER TO THE ENVELOPE ITSELF.

# 152 Q:

BUT AS FAR AS YOU KNEW, BEFORE DETECTIVE VANNATTER BROUGHT IT TO YOU, HE HAD BEEN CARRYING IT AROUND FOR SOME HOURS?

# 153 A:

I DIDN'T STOP TO THINK HOW LONG HE HAD BEEN CARRYING IT.

# 154 Q:

DID YOU INQUIRE OF HIM HOW LONG HE HAD BEEN CARRYING AROUND THIS BLOOD SAMPLE?

# 155 A:

NO, I DID NOT.

# 156 Q:

DID YOU CONSIDER THAT PART OF YOUR RESPONSIBILITY IN TERMS OF MAINTAINING CHAIN OF CUSTODY?

# 157 A:

NO, BECAUSE THAT WOULD BE HIS PART OF THE CHAIN OF CUSTODY.

KEY QUOTE

# 158 Q:

YOU DON'T CONSIDER IT YOUR RESPONSIBILITY, AS THE CRIMINALIST THAT IS GATHERING AND BOOKING EVIDENCE, TO DETERMINE WHERE OBJECTS HAVE BEEN BEFORE YOU GET THEM?

# 159 A:

IT IS MY RESPONSIBILITY TO RECORD WHEN I OR WHERE I GET THINGS FROM AND WHEN I DISPOSE OF THEM -- OR NOT DISPOSE, BUT REMAND THEM INTO THE CUSTODY OF SOMEBODY ELSE.

# 160 Q:

WELL, YOU WERE CONCERNED ENOUGH ON JUNE 13TH THAT YOU ACTUALLY OPENED THE ENVELOPE UP AND LOOKED AT THE BLOOD VIAL WHEN DETECTIVE VANNATTER GAVE IT TO YOU?

# 161 A:

YES.

# 162 Q:

BEFORE -- WITHDRAWN. DID DETECTIVE VANNATTER HAVE ANY WAY OF CONTACTING YOU FROM DOWNTOWN ON THE AFTERNOON OF JUNE 13TH?

# 163 A:

YES.

# 164 Q:

BEEPER? DO YOU WEAR A BEEPER?

# 165 A:

YES, I DO.

# 166 Q:

CARRY A CELL PHONE?

# 167 A:

YES, I DO.

# 168 Q:

YOU COULD HAVE BEEN BEEPED THEN AND CALLED ON A CELL PHONE AND ASKED BY DETECTIVE VANNATTER IF YOU WANTED TO HAVE THIS BLOOD VIAL TAKEN FROM PARKER CENTER ALL THE WAY ACROSS TOWN TO ROCKINGHAM?

# 169 MR. GOLDBERG:

ARGUMENTATIVE.

# 170 THE COURT:

OVERRULED.

# 171 DENNIS FUNG:

I DON'T GIVE ANYBODY MY CELLULAR PHONE NUMBER. HE COULD HAVE CALLED DHD OR THE OFFICE AND HAD ME PAGED, THOUGH.

KEY QUOTE

# 172 Q:

BY MR. SCHECK: COULD YOU EXPLAIN THAT? HE COULD HAVE CALLED WHERE?

# 173 THE COURT:

COUNSEL, HE SAID HE HAS GOT A PAGER.

# 174 MR. SCHECK:

I'M SORRY.

# 175 THE COURT:

AND HE WAS AVAILABLE.

# 176 Q:

BY MR. SCHECK: SO YOU WERE AVAILABLE AND COULD HAVE BEEN CALLED BY A PAGER?

# 177 A:

YES.

# 178 Q:

UMM, DURING THE COURSE OF THE DAY HAD YOU BEEN CONTACTED BY DETECTIVE LANGE OR DETECTIVE VANNATTER THROUGH THAT PAGER?

# 179 A:

NO.

# 180 Q:

WERE YOU CONTACTED BY MR. MATHESON?

# 181 A:

YES.

# 182 Q:

YOU RECALL BEING CONTACTED BY MR. MATHESON AROUND 12:00 IN THE AFTERNOON WHILE YOU WERE AT BUNDY?

# 183 A:

I DON'T REMEMBER BEING CALLED BY MR. MATHESON AT THAT TIME.

# 184 Q:

DO YOU RECALL SOMETIME AROUND MIDDAY THAT MR. MATHESON CALLED YOU, WHILE YOU WERE OUT AT BUNDY, AND ASKED IF YOU NEEDED ANY HELP AT THE CRIME SCENE?

# 185 A:

I DON'T RECALL THAT.

# 186 Q:

DIDN'T HAPPEN?

# 187 A:

I JUST DON'T RECALL IF THAT HAPPENED.

# 188 Q:

NOW, SO IT IS YOUR TESTIMONY, SIR, THAT YOU WERE NEVER CONTACTED BY DETECTIVE VANNATTER BEFORE HE BROUGHT THE BLOOD VIAL ACROSS TOWN TO YOU?

# 189 A:

YES.

# 190 Q:

NOW, ON THE MORNING OF THE 14TH YOU RECEIVED SOME TENNIS SHOES FROM DETECTIVE LANGE?

# 191 A:

YES.

# 192 Q:

NOW, YOU TOLD US, JUST BEFORE WE BROKE, THAT YOU RECALLED THIS OCCURRING AROUND, WHAT, 7:30, 7:40?

# 193 A:

BETWEEN 7:30 AND EIGHT O'CLOCK, AROUND THAT TIME, MAYBE A LITTLE LATER.

# 194 Q:

AND THIS OCCURRED, YOU SAY, IN THE SEROLOGY LAB?

# 195 A:

TO THE BEST OF MY RECOLLECTION.

# 196 Q:

COULD IT HAVE BEEN IN THE EVIDENCE PROCESSING ROOM?

# 197 A:

I DON'T REMEMBER IT BEING -- I DON'T REMEMBER DETECTIVE LANGE BEING IN THE EVIDENCE PROCESSING ROOM.

# 198 Q:

WELL, YOU TOLD US THAT WHEN YOU SAW DETECTIVE LANGE HE HAD THE SNEAKERS WITH HIM, THAT HE WAS IN THE SEROLOGY LAB?

# 199 A:

YES.

# 200 Q:

AND THE SWATCHES THAT YOU HAD RETRIEVED FROM BUNDY WERE IN THE EVIDENCE PROCESSING ROOM?

# 201 A:

YES.

# 202 Q:

THEY WERE IN A CABINET?

# 203 A:

YES.

# 204 Q:

IT WAS UNLOCKED?

# 205 A:

THE CABINET?

# 206 Q:

UH-HUH.

# 207 A:

YES.

# 208 Q:

NOW, THERE IS A COMPUTER PRINTOUT THAT SHOWS WHO ENTERS AND LEAVES THE EVIDENCE PROCESSING ROOM DURING A PARTICULAR DAY?

# 209 A:

IT RECORDS WHEN SOMEBODY USES THEIR KEYLESS BADGE TO OPEN THE DOOR.

# 210 Q:

ALL RIGHT. AND THE WAY THIS KEYLESS BADGE WORKS, IS THAT THERE IS A LITTLE RUBBER KIND OF THING THAT YOU PUT YOUR BADGE ACROSS; IS THAT RIGHT?

# 211 A:

THERE IS A CENSOR IN THE WALL AND IT SOMEHOW DETECTS THE CARD, AND IF YOUR CARD HAS THE PROPER ACCESS CODE, THEN IT WILL LET YOU IN.

# 212 Q:

NOW, IF YOU WERE WALKING THROUGH THE DOOR OF THE EVIDENCE PROCESSING ROOM AND, LET'S SAY, I WAS STANDING NEXT TO YOU AND YOU USED THAT CENSOR -- YOUR BADGE, RIGHT --

# 213 A:

YES.

# 214 Q:

-- THE DOOR WOULD OPEN?

# 215 A:

YES.

# 216 Q:

YOU WOULD WALK IN?

# 217 (NO AUDIBLE RESPONSE.)

# 218 Q:

AND I WOULD WALK IN?

# 219 A:

YES.

# 220 Q:

BUT THERE WOULD BE NO RECORD THAT I ENTERED?

# 221 A:

THAT'S CORRECT.

# 222 Q:

THE ONLY RECORD WOULD BE THAT YOU ENTERED?

# 223 A:

YES.

# 224 Q:

AND YOU INDICATED BEFORE THAT YOU REVIEWED SOME RECORDS WITH MR. GOLDBERG OF WHAT THEY CALL CARD TRANSACTION REPORTS INDICATING WHO WENT IN AND OUT OF THE EVIDENCE PROCESSING ROOM ON THE MORNING OF JUNE 14TH?

# 225 A:

YES.

# 226 Q:

NOW, ISN'T IT TRUE, SIR, THAT YOU ENTERED THE EVIDENCE PROCESSING ROOM AT 7:45 ON THE MORNING OF JUNE 14TH?

# 227 MR. GOLDBERG:

WELL, IT IS UNCLEAR WHETHER HE IS ASKING FROM HIS PERSONAL RECOLLECTION OR FROM A DOCUMENT.

# 228 THE COURT:

OVERRULED.

# 229 DENNIS FUNG:

I WOULD HAVE TO REFER TO THE DOCUMENT.

# 230 MR. SCHECK:

YOUR HONOR, I WOULD ASK THAT THIS DOCUMENT BE MARKED DEFENDANT'S NEXT IN ORDER.

# 231 THE COURT:

1100.

# 232 MR. SCHECK:

I'M SORRY?

# 233 THE COURT:

WHAT HAPPENED TO 1099? DID WE USE 1099? GOT IT. 1100.

# 234 MR. SCHECK:

CAN'T HEAR YOU.

# 235 THE COURT:

1100.

# 236 (DEFT'S 1100 FOR ID = DOCUMENT)

# 237 MR. SCHECK:

1100. MAY I APPROACH?

# 238 THE COURT:

YOU MAY.

# 239 Q:

BY MR. SCHECK: MR. FUNG, I SHOW WHAT YOU HAS BEEN MARKED AS DEFENDANT'S 1100 AND ASK YOU TO EXAMINE IT.

# 240 MR. GOLDBERG:

YOUR HONOR, I'M GOING TO OBJECT TO THIS AND PERHAPS WE CAN APPROACH.

# 241 THE COURT:

ALL RIGHT. WITH THE COURT REPORTER, PLEASE.

Temperature

tense

Key Quotes (4)

Dennis Fung

I HAVE -- I CAN'T REMEMBER ONE INSTANCE WHERE THAT HAS HAPPENED.

Fung admits he has never before seen a detective drive a blood sample from downtown to a crime scene instead of booking it — devastating to the prosecution's claim this was routine procedure.

Dennis Fung

NO, BECAUSE THAT WOULD BE HIS PART OF THE CHAIN OF CUSTODY.

Fung's explanation for why he never asked Vannatter how long he had been carrying the blood sample reveals a gap in his understanding of his own custodial responsibilities.

Dennis Fung

I DON'T GIVE ANYBODY MY CELLULAR PHONE NUMBER. HE COULD HAVE CALLED DHD OR THE OFFICE AND HAD ME PAGED, THOUGH.

Fung concedes Vannatter had a way to reach him before making the unusual trip to Rockingham, underscoring that no one sought Fung's input on the decision.

Dennis Fung

THAT WOULD HAVE BEEN ONE WAY TO HAVE DONE IT.

Fung acknowledges that Vannatter could have — and arguably should have — booked the blood sample at SID rather than transporting it to the scene.

Evidence (6)

Informal

Item No. 15 — retrieved from a trash basket in the foyer of OJ Simpson's Rockingham home on June 13

referenced to establish timeline of blood vial receipt

Informal

Item No. 16 — retrieved from a bench outside the front door of OJ Simpson's home on June 13

referenced to establish timeline of blood vial receipt

Informal

OJ Simpson's blood sample (reference vial), drawn at 2:30 PM on June 13, carried by Detective Vannatter to Rockingham

chain of custody challenged; Fung admits he did not ask how long Vannatter had been carrying it

Informal

LAPD Manual — governing procedure for booking blood samples taken from suspects

discussed; Fung acknowledges it calls for prompt booking, but characterizes it as a 'guide'

Informal

Tennis shoes received from Detective Lange on the morning of June 14, approximately 7:30–8:00 AM in the serology lab

referenced to establish Fung's whereabouts and activities on June 14

Defendant's 1100

Card transaction access report showing who used keycard badges to enter the evidence processing room on the morning of June 14

introduced by Scheck at end of session; prosecution objected, triggering sidebar

Notable Exchanges (4)

Barry Scheck•Dennis Fung

Scheck systematically walks Fung through why Vannatter's delivery of the blood sample to Rockingham was irregular — establishing that Fung had a pager, a phone, and that Vannatter never contacted him before making the unusual trip. Fung ultimately cannot recall this ever happening before.

strategic

Barry Scheck•Dennis Fung

Scheck reveals that the evidence processing room door access system only logs the badge-holder who opens the door — meaning any number of people could have followed Fung inside with no record. Fung confirms this explicitly.

revealing

Lance A. Ito•Barry Scheck

Judge Ito repeatedly corrects Scheck for saying 'blood vial' instead of 'blood sample,' interrupting the cross-examination multiple times to enforce the distinction.

procedural

Dennis Fung•Barry Scheck

When Scheck asks whether Detective Lange discussed the LAPD manual being merely a 'guide,' Fung says he has heard that framing from Lange and many others — after the investigation began — raising the implication of post-hoc rationalization.

revealing

Light Moments (3)

Lance A. Ito

Judge Ito corrects Scheck for saying 'blood vial' instead of 'blood sample' multiple times in succession; Scheck thanks him.

Lance A. Ito

Confusion over whether the card transaction report should be Defendant's 1099 or 1100 — Ito and Scheck briefly talk past each other before landing on 1100.

Dennis Fung

Fung clarifies unprompted: 'I DON'T GIVE ANYBODY MY CELLULAR PHONE NUMBER' — a deadpan aside in the middle of a chain-of-custody grilling.

Credibility Attacks (4)

⚔ Dennis Fung

prior inconsistent statement / knowledge gaps

Scheck establishes Fung had no independent recollection of the order in which he received evidence items — only his notes — and never thought to ask Vannatter about the blood sample's provenance or handling history.

⚔ Dennis Fung

admission against interest

Fung admits he cannot recall any prior instance where a detective brought a blood sample directly to a crime scene instead of booking it — undermining the prosecution's framing of Vannatter's delivery as routine or acceptable.

⚔ Phil Vannatter (by implication)

procedure violation / circumstantial irregularity

Scheck uses Fung's testimony to build the inference that Vannatter's delivery of the blood sample to Rockingham was unprecedented and violated LAPD booking procedures — implying an opportunity for evidence tampering.

⚔ Dennis Fung

access control vulnerability

Scheck establishes that the evidence processing room's keycard system only logs the badge-holder — meaning others could have entered without any record — and then introduces Defendant's 1100 (the access log for June 14th) under objection.

Witness Demeanor

Fung is cautious and hedging throughout — frequently says 'I don't recall,' 'I would have to refer to the document,' and qualifies answers with 'to the best of my recollection.'

At one point gives no audible response when asked if he would walk through the door and allow Scheck to follow unrecorded — a moment of visible hesitation.

Fung occasionally pushes back on Scheck's framing with precise definitional answers (e.g., explaining what 'booking' means per the manual), suggesting coaching.

Objections

19 objections (7 sustained, 11 overruled)

Proceeding 5660 • 241 utterances • Prosecution witness

Criminal Trial

Department 103