Cross-examination of Dennis Fung (part 1)

📄 Cross-examination of Dennis Fung (part 1) — Thursday, April 13, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\13\CROSS-EXAMINATION-OF-DENNIS-FU.DOC

TRIAL

▲ Day 56 of 167

◀ Direct examination of Dennis Fung Redirect examination of Dennis Fung (part 1) ▶

Witness: Dennis Fung
Examiner: Hank Goldberg
Called by: Defense • Date: Thursday, April 13, 1995 • Utterances: 45

Prosecutor Hank Goldberg cross-examines criminalist Dennis Fung at a 402 foundation hearing, focusing on video footage (Exhibit 1104) showing Andrea Mazzola carrying an unidentified object at Rockingham. The core finding is that Fung has no independent recollection — outside of watching the videotape — of the sequence of key events on June 13: Vannatter's arrival, Mazzola carrying the object, or how many trips he made to the crime scene truck.

# 1 MR. GOLDBERG:

Can we see that one more time, please?

# 2 THE COURT:

Mr. Harris, can we see it from the doorway, please.

CROSS-EXAMINATION BY MR. GOLDBERG

# 3 MR. GOLDBERG:

Mr. Fung, can you look very carefully in Miss Mazzola's hands to see whether she is carrying an object or a bag in her hands? Maybe we can back up and take another look at that.

# 4 MR. FUNG:

Yes.

# 5 MR. GOLDBERG:

Let's back up again. I'm sorry, your Honor. Can we see that another time from the door?

# 6 THE COURT:

Sure, sure. Who has got control? Mr. Fairtlough?

# 7 (Nods head up and down.)

# 8 THE COURT:

Sorry, Mr. Harris.

# 9 MR. DARDEN:

Back farther.

# 10 MS. CLARK:

Back farther, please.

# 11 (The videotape resumes playing.)

# 12 MR. FUNG:

There.

# 13 (The videotape resumes playing.)

# 14 MR. GOLDBERG:

Can we back up and then freeze on the frame that shows what she has in her hands?

# 15 THE COURT:

Sure. Right there. Right there.

# 16 MR. GOLDBERG:

Now, Mr. Fung, do you have an independent recollection of what the item is in Miss Mazzola's hands? When I say "Independent" I'm talking about not from viewing this tape but from what you remember on the 13th?

# 17 MR. FUNG:

No, I do not.

# 18 MR. GOLDBERG:

Okay. Do you have any independent recollection as to whether this footage--maybe we can continue onto the next one. Is this the footage that we just saw, the first part of the footage on 1104, the continuous--a continuous series of events with the footage that you saw in the second half of 1104, to your independent recollection?

# 19 MR. FUNG:

No. I can't say that it is continuous.

# 20 MR. GOLDBERG:

You don't know from your independent recollection?

# 21 MR. FUNG:

I don't know.

# 22 MR. GOLDBERG:

Were you present when Mr. Vannatter arrived in his car, gray car?

# 23 MR. FUNG:

I don't recall him arriving at the Rockingham scene, no.

# 24 MR. GOLDBERG:

You did not see that?

# 25 MR. FUNG:

No.

# 26 MR. GOLDBERG:

In the afternoon where was the first time that you saw Detective Vannatter?

# 27 MR. FUNG:

I was inside the Rockingham residence.

# 28 MR. GOLDBERG:

Do you have any independent--do you have any ability, other than what you saw on the videotape, to determine whether or not the gray car came and left before you walked out to the van with the brown paper bags or after?

# 29 MR. FUNG:

This is the first time I noticed the gray car.

# 30 MR. GOLDBERG:

But what I'm saying to you is do you have any capacity to testify from your independent recollection and your own observations on the 13th which of those two items happened first?

# 31 MR. FUNG:

No.

# 32 (Discussion held off the record between the Deputy District Attorneys.)

# 33 MR. GOLDBERG:

And based upon your own independent recollections then, can you tell us the sequence, not from what you saw on the videotape, but based upon your recollections, your observations on the 13th, can you tell us the sequence of the following three events: Detective Vannatter arriving, Andrea Mazzola and yourself leaving with Andrea Mazzola carrying an item that appears to be a trash bag, and you arriving with Andrea Mazzola at the crime scene truck with a number of brown paper bags?

# 34 MR. FUNG:

I couldn't put those in order, no, through independent recollection.

KEY QUOTE

# 35 (Discussion held off the record between the Deputy District Attorneys.)

# 36 THE COURT:

Is there anything about viewing the videotape that refreshes your recollection or allows you to put into sequence these events?

KEY QUOTE

# 37 MR. FUNG:

Not really, no.

# 38 THE COURT:

Mr. Scheck, do you have any further questions of Mr. Fung?

# 39 MR. GOLDBERG:

Your Honor, I--

# 40 THE COURT:

I'm sorry, Mr. Goldberg, were you finished?

# 41 MR. GOLDBERG:

Yes.

# 42 MR. GOLDBERG:

Mr. Fung, do you have an independent recollection of how many times in the afternoon you went out to the crime scene truck with brown paper bags?

# 43 MR. FUNG:

No, I do not recollect how many times.

KEY QUOTE

# 44 (Discussion held off the record between the Deputy District Attorneys.)

# 45 (Discussion held off the record between Defense counsel.)

Temperature

procedural

Key Quotes (3)

Dennis Fung

I couldn't put those in order, no, through independent recollection.

Fung admits he cannot independently sequence Vannatter's arrival, Mazzola carrying the bag, and the brown paper bag trips — the precise sequence the defense needs to establish chain of custody problems.

Dennis Fung

No, I do not recollect how many times.

Fung cannot say how many trips he and Mazzola made to the crime scene truck, undermining the integrity of the evidence-collection record.

Lance A. Ito

Is there anything about viewing the videotape that refreshes your recollection or allows you to put into sequence these events?

The judge himself presses Fung on whether the tape helps — Fung answers 'not really, no,' closing off any rehabilitation of his memory.

Evidence (1)

1104

Videotape footage from Rockingham showing Andrea Mazzola carrying an unidentified object or bag

played, reviewed frame-by-frame, discussed

Notable Exchanges (2)

Hank Goldberg•Dennis Fung

Goldberg methodically establishes that Fung has no independent memory of the sequence of events on June 13 — not Vannatter's arrival, not Mazzola's object, not how many trips to the truck — forcing all knowledge back to the videotape itself.

strategic

Lance A. Ito•Dennis Fung

The judge intervenes to ask whether the videotape refreshes Fung's recollection; Fung says no, effectively confirming the depth of his memory gap.

revealing

Credibility Attacks (1)

⚔ Dennis Fung

memory gap / inability to independently corroborate

Goldberg establishes that Fung's entire account of the June 13 Rockingham evidence collection is dependent on the videotape — he cannot independently sequence Vannatter's arrival, Mazzola's movements, or the number of trips to the crime scene truck.

Objections

None recorded

Proceeding 5691 • 45 utterances • Defense witness

Criminal Trial

Department 103