Redirect examination of Dennis Fung (part 1)

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

Address:

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

TRIAL

▲ Day 56 of 167

◀ Cross-examination of Dennis Fung (part 1) Noon recess and jury admonition ▶

Witness: Dennis Fung
Examiner: Barry Scheck
Called by: Defense • Date: Thursday, April 13, 1995 • Utterances: 23

Barry Scheck questions Dennis Fung about the sequence of two trips he made leaving the Rockingham estate, using videotape footage as reference. The key point established is that the 'plastic bag trip' occurred second, after evidence cards had already been picked up from the ground — a detail relevant to the chain and order of evidence collection.

# 1 MR. SCHECK:

Did you notice, in terms of those two sequences of you leaving Rockingham, okay--in the first sequence you go back with Miss Mazzola and you pick up some evidence cards from the ground, right?

# 2 MR. FUNG:

Yes.

# 3 MR. SCHECK:

And when you came out the second time those evidence cards were not on the ground?

# 4 MR. FUNG:

I didn't notice.

# 5 MR. SCHECK:

Do you want to look?

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

# 7 MR. SCHECK:

Your Honor, could we take a look at this?

# 8 (Brief pause.)

# 9 MR. SCHECK:

I would like you to focus on this segment, you and Miss Mazzola coming out the driveway. Go ahead. Go ahead.

# 10 (The videotape resumes playing.)

# 11 MR. SCHECK:

Stop.

# 12 MR. SCHECK:

Now, you don't see those evidence cards on the ground the second time, right?

KEY QUOTE

# 13 MR. FUNG:

No.

# 14 MR. SCHECK:

Okay. Let's move forward.

# 15 (The videotape resumes playing.)

# 16 MR. SCHECK:

Okay. Stop.

# 17 MR. SCHECK:

So wouldn't you agree, Mr. Fung, that that is the second--that that sequence of you leaving the second--is--happened after the first sequence when you went to the truck, deposited the valise and the bags and walked back in and picked up the evidence cards?

# 18 MR. GOLDBERG:

Well, your Honor, it is vague as to which sequence he is talking about now since we have seen so many.

KEY QUOTE

# 19 MR. SCHECK:

Do you understand what I asked you?

# 20 THE COURT:

Overruled. We have the paper bag trip and we have the plastic bag trip.

# 21 MR. SCHECK:

This plastic bag trip happened second, didn't it?

# 22 MR. FUNG:

It appears to be, yes.

KEY QUOTE

# 23 MR. SCHECK:

Thank you.

Temperature

procedural

Key Quotes (3)

Barry Scheck

Now, you don't see those evidence cards on the ground the second time, right?

Scheck uses the absence of evidence cards to pin down the sequence of Fung's movements, undermining any ambiguity about when events occurred.

Dennis Fung

It appears to be, yes.

Fung concedes the sequencing point — the plastic bag trip came second — which is the factual foothold Scheck was building toward.

Hank Goldberg

Well, your Honor, it is vague as to which sequence he is talking about now since we have seen so many.

Prosecution objects on vagueness, signaling the complexity of the videotape evidence and the difficulty of tracking multiple sequences.

Evidence (2)

Informal

Videotape footage of Fung and Mazzola leaving the Rockingham estate in two separate sequences

played in court, paused and reviewed segment by segment

Informal

Evidence cards found on the ground at Rockingham

discussed as visible/absent in different tape sequences to establish chronological order

Notable Exchanges (2)

Barry Scheck•Dennis Fung

Scheck methodically walks Fung through the videotape, using the presence and then absence of evidence cards on the ground to lock in that the plastic bag trip was the second trip out of the estate.

strategic

Barry Scheck•Hank Goldberg•Judge

Goldberg objects that Scheck's question is vague given the multiple sequences reviewed; judge overrules and clarifies the two trips as 'paper bag trip' and 'plastic bag trip.'

procedural

Credibility Attacks (1)

⚔ Dennis Fung

prior inconsistent statement / video impeachment

Scheck uses videotape footage to demonstrate that Fung either did not notice or misremembered the sequence of his own movements at the crime scene, establishing imprecision in his recollection of evidence collection steps.

Witness Demeanor

(Discussion held off the record between Defense counsel.)

(Brief pause.)

(The videotape resumes playing.)

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 5692 • 23 utterances • Defense witness

Criminal Trial

Department 103