Redirect examination of Dennis Fung (part 2)

📄 Redirect examination of Dennis Fung (part 2) — Thursday, April 13, 1995

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▲ Day 56 of 167

◀ Jury readmitted Redirect examination of Dennis Fung (part 3) ▶

Witness: Dennis Fung
Examiner: Barry Scheck
Called by: Defense • Date: Thursday, April 13, 1995 • Utterances: 400

Barry Scheck continues his methodical cross-examination of LAPD criminalist Dennis Fung, using a series of videotapes taken at Rockingham on June 13th to challenge Fung's account of when and how he received OJ Simpson's blood vial. The footage shows Fung leaving the crime scene with empty hands on his final trip — no gray envelope, no paper bag — while Vannatter's gray car (which allegedly delivered the blood sample) had not yet arrived. Scheck also impeaches Fung with his own grand jury testimony, where Fung claimed he personally packaged the blood vial, contradicting what he said on cross-examination.

# 1 MR. SCHECK:

Thank you, your Honor.

# 2 THE COURT:

You're welcome.

# 3 MR. SCHECK:

Good morning, ladies and gentlemen of the jury.

THE JURY: Good afternoon.

# 4 MR. SCHECK:

Or good afternoon. Thank you.

CROSS-EXAMINATION (RESUMED) BY MR. SCHECK

# 5 MR. SCHECK:

Good afternoon, Mr. Fung.

# 6 MR. FUNG:

Good afternoon.

# 7 MR. SCHECK:

How are you, sir?

# 8 MR. FUNG:

Okay.

# 9 MR. SCHECK:

Mr. Fung, I would like to begin by showing you what--the coin envelope that contains item no. 10. You recall the blue plastic that you saw at Rockingham?

# 10 MR. FUNG:

Yes.

# 11 MR. SCHECK:

While Miss Robertson is retrieving that--

# 12 THE COURT:

It's over here on the--Mrs. Robertson's bench.

# 13 (Brief pause.)

# 14 THE COURT:

All right. Which Court exhibit is this, Mr. Scheck?

# 15 MR. SCHECK:

This is Court exhibit--

# 16 THE CLERK:

It's People's exhibit 164, item 10.

# 17 THE COURT:

164, item 10.

# 18 MR. SCHECK:

164. And--

# 19

(Discussion held off the record between Defense counsel and the Deputy District Attorney.

# 20 MR. SCHECK:

Your Honor, I would like to mark this photograph Defendant's next in order.

# 21 THE COURT:

1105? All right. Defense 1105.

# 22 (Deft's 1105 for id = photograph)

# 23 MR. SCHECK:

May I approach the witness, your Honor?

# 24 THE COURT:

You may.

# 25 (Brief pause.)

# 26 MR. SCHECK:

Well, actually first--now, the--looking at the monitor, Mr. Fung, that is item no. 10 as you saw it on the morning of June 13th?

# 27 MR. FUNG:

The blue object to the top of the picture, yes.

# 28 MR. SCHECK:

And I believe you told us, sir, that Detective Fuhrman retrieved that object?

# 29 MR. FUNG:

Yes.

# 30 MR. SCHECK:

And you could not recall whether or not he used the glove method or the scoop method to collect item no. 10?

# 31 MR. FUNG:

I don't recall which he used.

# 32 MR. SCHECK:

Right. I would ask you, sir, to, with the Court's permission, open--this is the coin envelope that contained item no. 10 on June 13th, correct?

# 33 MR. FUNG:

Yes.

# 34 MR. SCHECK:

All right. I would ask you, sir, to open this envelope.

# 35 THE COURT:

Knife or scissors?

# 36 MR. SCHECK:

At the top. Sorry?

# 37 THE COURT:

I was asking Mr. Fung if he wanted a knife or scissors.

# 38 MR. FUNG:

Scissors.

# 39 MR. GOLDBERG:

Your Honor, he may want to use gloves too.

# 40 MR. SCHECK:

Yes. And I think gloves would be appropriate.

# 41 THE COURT:

Mrs. Robertson, gloves.

# 42 (Brief pause.)

# 43 THE COURT:

Let's try not to block jurors 1 and 7. Juror no. 1, is there a problem with the monitor?

# 44 JUROR NO. 1492:

The monitor is not on.

# 45 THE COURT:

Is it on now? Tom, monitor, seats 1 and 2. Is the green light on?

# 46 JUROR NO. 1492:

Thank you.

# 47 THE COURT:

Mr. Fairtlough?

# 48 (Brief pause.)

# 49 MR. FAIRTLOUGH:

It's back on.

# 50 THE COURT:

All right. Mr. Fung, you may proceed. Mr. Scheck.

# 51 MR. SCHECK:

Mr. Fung, if you could, would you please open the envelope from the top over here (Indicating) Where you see the last seal was broken, right up over the top there I think would be a good idea.

# 52 MR. FUNG:

I'll cut along the bottom edge of the envelope.

# 53 MR. SCHECK:

Yes. Now, could you please take out item no. 10. Could you please unfold it to its full size and hold that up.

# 54 (Witness complies.)

# 55 MR. SCHECK:

All right. Now, could you please turn it vertically at this point.

# 56 (Witness complies.)

# 57 MR. SCHECK:

Could you please hold up the coin envelope.

# 58 (Witness complies.)

# 59 MR. SCHECK:

All right. Could you put the coin envelope--

# 60 THE COURT:

Superimpose--

# 61 MR. SCHECK:

Superimpose it.

# 62 (Witness complies.)

# 63 MR. SCHECK:

Okay. Now, Mr. Fung, wouldn't you agree--and then now turn it rectangularly, the coin envelope, the--item no. 10.

# 64 (Witness complies.)

# 65 MR. SCHECK:

Now, when you saw item no. 10 on June 13th, it was not folded as it is now, was it?

# 66 MR. FUNG:

That's correct.

# 67 MR. SCHECK:

Okay. So wouldn't you agree, sir, that without folding up item no. 10 with one's hands, it would be extremely difficult to get it into that coin envelope?

# 68 MR. FUNG:

No.

# 69 MR. SCHECK:

You think you could do that without folding item no. 10. One could--the scoop method is where you take a card or a pen, right, and you put something into a bag such as that coin envelope?

# 70 MR. FUNG:

Yes.

# 71 MR. SCHECK:

All right. Okay. And it's your recollection now, sir, that you don't remember whether or not Detective Fuhrman was wearing gloves and took item no. 10 and placed it in that coin envelope.

# 72 MR. FUNG:

I don't recall which method he used.

# 73 MR. SCHECK:

All right. But it could have been that he was wearing gloves, right?

# 74 MR. GOLDBERG:

Well, that calls for speculation.

# 75 THE COURT:

Sustained.

# 76 MR. SCHECK:

All right. We're finished with that. Maybe you could--

# 77 THE COURT:

You want to--hold on. Let me just ask a question. 1492, were you able to see that?

JUROR NO. 1492: Yes.

# 78 THE COURT:

All right. Thank you. Proceed.

# 79 MR. SCHECK:

Your Honor--if you could just repackage that, sir.

# 80 MS. CLARK:

Excuse me, your Honor. Could we see it for a moment before he puts it back?

# 81 THE COURT:

Sure. Counsel, if you want to approach and inspect it.

# 82 (Brief pause.)

# 83 THE COURT:

Mr. Scheck.

# 84 MR. SCHECK:

You would agree, sir, that--at least that somebody would have to fold that blue object before putting it in that bag?

# 85 MR. GOLDBERG:

Asked and answered.

# 86 THE COURT:

Sustained.

# 87 MR. SCHECK:

When you saw it on June 13th as depicted in the photograph that's on the monitor, it wasn't folded, correct?

# 88 MR. GOLDBERG:

Asked and answered.

# 89 THE COURT:

Overruled.

# 90 MR. FUNG:

It was not folded.

# 91 MR. SCHECK:

All right. Thank you. Your Honor, I'm finished with the exhibit and I'll remove it.

# 92 THE COURT:

All right. If you'll take it and return it to Mrs. Robertson.

# 93 MR. SCHECK:

Mr. Fung, you can remove the gloves.

# 94 MR. SCHECK:

Now, when we last broke yesterday, Mr. Fung, we were discussing Mr. Simpson's blood sample. You recall that?

# 95 MR. FUNG:

Yes.

# 96 MR. SCHECK:

And I had asked you whether or not you made a slip on direct examination when you were asked which item you received first, the sneakers from Detective Lange or the blood sample of Mr. Simpson.

# 97 MR. FUNG:

Yes.

# 98 MR. SCHECK:

And you said you did not remember making such a slip.

# 99 MR. FUNG:

That's what I stated, yes.

# 100 MR. SCHECK:

And the sneakers were given to you on June 14th in the morning?

# 101 MR. FUNG:

Yes.

# 102 MR. SCHECK:

No question about that.

# 103 MR. FUNG:

That's correct.

# 104 MR. SCHECK:

And item no. 19 is a hair that you removed from the Rockingham glove.

# 105 MR. FUNG:

Hair--yes.

# 106 MR. SCHECK:

And that was done on the morning of June 14th?

# 107 MR. FUNG:

Yes.

# 108 MR. SCHECK:

All right. I would like to show you a videotape now, sir, of your direct examination and if--

# 109 MR. GOLDBERG:

For the record, we withdraw our objection to that.

# 110 THE COURT:

Yes.

# 111 MR. SCHECK:

And I would like you to look at the videotape and ask you if this is you being asked some questions and you giving some answers to this jury.

# 112 (At 2:05 P.M., a videotape was played.)

# 113 (At 2:06 P.M., the playing of the videotape concluded.)

# 114 MR. SCHECK:

Was that a slip, Mr. Fung, where you were accidentally revealing the truth, that you received the blood vial after you received the sneakers?

KEY QUOTE

# 115 MR. GOLDBERG:

It's argumentative.

# 116 THE COURT:

Sustained.

# 117 MR. SCHECK:

Mr. Fung, you told us that Detective Vannatter gave you a gray envelope containing the blood sample that was already packaged on the afternoon of June 13th?

# 118 MR. FUNG:

A gray envelope that was already packaged?

# 119 MR. SCHECK:

Yes. The--when you received the blood vial on June--blood sample on June 13th, did you not tell us that it was already packaged in a gray envelope?

# 120 MR. FUNG:

The blood vial was packaged in a gray envelope.

# 121 MR. SCHECK:

It was already packaged when you received it from Detective Vannatter?

# 122 MR. GOLDBERG:

The problem is the word "It."

# 123 THE COURT:

Overruled.

# 124 MR. FUNG:

Yes.

# 125 MR. SCHECK:

All right. Mr. Fung, when you testified at the grand jury on June 22nd, were you asked these questions and did you give these answers?

# 126 THE COURT:

Counsel--

# 127 MR. SCHECK:

I'm starting at page 397, line 28.

# 128 (Brief pause.)

# 129 MR. SCHECK:

Your Honor, the tape we just played of Mr. Fung on direct, ask be marked 1106.

# 130 THE COURT:

All right. 1106, that last tape-recording.

# 131 (Deft's 1106 for id = videotape)

# 132 THE COURT:

All right. Mr. Goldberg.

# 133 MR. SCHECK:

May I proceed?

# 134 THE COURT:

I'm just waiting for Mr. Goldberg to confirm we're ready. Mr. Goldberg, have you read the trans--

# 135 MR. GOLDBERG:

Yes, I have.

# 136 THE COURT:

All right. Proceed.

# 137 MR. SCHECK:

Thank you.

# 138 MR. SCHECK:

Mr. Fung, on June 22nd at the grand jury, were you asked these questions and did you give these answers? "Question: Did you also receive a blood sample that was removed from the Defendant, the possible Defendant, Mr. Simpson, from Detective Philip Vannatter? "Answer: Yes, I did. "Question: And what date was it that you received it from him? "Answer: I received that blood sample on June 13th, 1994. "Question: Did you package it in some manner when you received it from him? "Answer: Yes, I did. "Question: How? "Answer: I placed it in a gray whole blood envelope." Were you asked those questions and did you give those answers?

# 139 MR. FUNG:

Yes, I did.

# 140 MR. SCHECK:

Mr. Fung, are you having some trouble keeping this story straight about getting the blood vial, blood sample from Detective Vannatter from Rockingham?

KEY QUOTE

# 141 THE COURT:

Sustained. Sustained. Counsel, that's not a proper question.

# 142 MR. SCHECK:

Mr. Fung, you testified on cross-examination yesterday, under cross-examination about receiving the blood sample. Do you recall that?

# 143 MR. FUNG:

Yes.

# 144 MR. SCHECK:

All right. Now--

# 145 MR. SCHECK:

I'm at page 22457.

# 146 THE COURT:

Do you have that?

# 147 MR. SCHECK:

I'm sorry?

# 148 MS. CLARK:

Do you have an extra one?

# 149 THE COURT:

Mrs. Robertson, would you have Miss Olson get me the transcript from yesterday?

# 150 (Brief pause.)

# 151 THE COURT:

Mr. Goldberg, do you have your copy here?

# 152 MR. GOLDBERG:

I don't.

# 153 THE COURT:

Your Honor, I'll just--they can look over my shoulder.

# 154 (Brief pause.)

# 155 MR. SCHECK:

Were you asked yesterday by--

# 156 (Brief pause.)

# 157 THE COURT:

All right. Mr. Goldberg, that's the Court's copy. All right. Mr. Goldberg, have you had the opportunity to review that?

# 158 MR. GOLDBERG:

Yes, your Honor.

# 159 THE COURT:

All right. Mr. Scheck, proceed.

# 160 MR. SCHECK:

Thank you, your Honor.

# 161 MR. SCHECK:

"Question: I take it at some point in time, you left the foyer area and returned to your crime scene truck? "Answer: Yes. "Question: All right. And were you carrying that gray envelope? "Answer: Either by itself in a posse box or in a paper bag. "Question: So it would be one of those three ways of carrying it; either by itself in your hand, in a paper bag or in a posse box? "Answer: Yes." Were you asked those questions and did you give those answers yesterday?

# 162 MR. FUNG:

Yes, I did.

# 163 MR. SCHECK:

Now, this morning, did you have an opportunity to look at some videotapes?

# 164 MR. FUNG:

Yes.

# 165 MR. SCHECK:

And you did that in this courtroom outside the presence of the jury with the Judge and counsel present.

# 166 MR. FUNG:

Yes.

# 167 MR. SCHECK:

I would like to show you some of those videotapes now, sir.

# 168 (Brief pause.)

# 169 MR. SCHECK:

Let me just--before we show you the videotapes, I just want to ask you a few questions. Since you last left us yesterday afternoon, have you had any conversations with the Prosecution about the events of June 13th and where you say that Detective Vannatter gave you Mr. Simpson's blood sample?

# 170 MR. FUNG:

This morning, I discussed briefly some of the events with Mr. Goldberg.

# 171 MR. SCHECK:

May we approach, your Honor?

# 172 THE COURT:

With the Court reporter, please.

# 173 (The following proceedings were held at the bench:)

# 174 THE COURT:

We're over at the sidebar. Mr. Scheck.

# 175 MR. SCHECK:

Your Honor, it was my understanding that the Prosecution was directed not to discuss this issue with the witness.

# 176 THE COURT:

Yes.

# 177 MR. GOLDBERG:

No. My understanding was that I couldn't discuss the videotape with the witness. And I double-checked that with several of the attorneys before I said anything to this witness, and that was also their understanding of the Court's order and I never did discuss the videotape.

# 178 THE COURT:

What did you discuss with him?

# 179 MR. GOLDBERG:

I asked him approximately two questions; when was--where did the date with the time of 5:20 come from, whether that was from him or someone else; that's the blood vial. And I asked him where the time on the airline tickets came from, whether that was he or Miss Mazzola, and that was the extent of our conversation.

# 180 THE COURT:

My recollection of my order was that you were not to discuss the videotapes.

# 181 MR. GOLDBERG:

That was my recollection. And the first thing--one of the first things I said to Mr. Fung in the morning was, "I don't want you to talk about the videotapes with me. I'm not going to talk about them with you."

# 182 THE COURT:

Why don't you explore this a little further with Mr. Fung.

# 183 MR. SCHECK:

Okay.

# 184 (The following proceedings were held in open Court:)

# 185 THE COURT:

Thank you, counsel. Proceed.

# 186 MR. SCHECK:

Mr. Fung, could you tell us precisely what questions Mr. Goldberg asked you and what answers you gave him?

# 187 MR. FUNG:

I don't recall the exact wording, but it was something along the lines of me recounting to him the events that led from picking up the--certain items, my--the last items I collected before going to the truck and leaving the Rockingham scene.

# 188 MR. SCHECK:

How long did this conversation take?

# 189 MR. FUNG:

Three or four minutes.

# 190 MR. SCHECK:

One moment, your Honor.

# 191 (Brief pause.)

# 192 MR. SCHECK:

Do you recall how many questions Mr. Goldberg asked you approximately?

# 193 MR. FUNG:

Maybe one or two.

# 194 MR. SCHECK:

Was there any discussion of the videotapes?

# 195 MR. FUNG:

No. We--I only--we only discussed that we could not discuss the videotapes.

# 196 MR. SCHECK:

But when you had this discussion with him, you had already seen some of these videotapes?

# 197 MR. FUNG:

On this monitor here.

# 198 MR. SCHECK:

Okay. Now--

# 199 MR. GOLDBERG:

Indicating the monitor next to the witness stand.

# 200 THE COURT:

Yes.

# 201 MR. SCHECK:

Have you had any conversations before you came here to testify with anyone else other than--withdrawn. Did you speak about this matter with any other District Attorney?

# 202 MR. FUNG:

No.

# 203 MR. SCHECK:

Did you speak about it with Detective Vannatter?

# 204 MR. FUNG:

No.

# 205 MR. SCHECK:

Did you speak about it with Detective Lange?

# 206 MR. FUNG:

No.

# 207 MR. SCHECK:

Speak about it with anybody from law enforcement?

# 208 MR. FUNG:

No.

# 209 MR. SCHECK:

Did you speak about it with anybody from the crime lab?

# 210 MR. FUNG:

No.

# 211 MR. SCHECK:

Did you speak about this issue with anyone since the moment that you left the witness stand yesterday to the time you've came back to answer some questions this morning?

# 212 MR. FUNG:

No.

# 213 MR. SCHECK:

All right. Why don't we show this first videotape.

# 214 THE COURT:

All right. What videotape do you propose to show, Mr. Scheck?

# 215 MR. SCHECK:

1101.

# 216 (At 2:24 P.M., a videotape was played.)

# 217 MR. SCHECK:

All right. Stop. Rewind just a little bit. All right. Stop. Stop.

# 218 MR. SCHECK:

Okay. Mr. Fung, that is you, correct?

# 219 MR. FUNG:

Yes, it is.

# 220 MR. SCHECK:

That is Andrea Mazzola we just saw?

# 221 MR. FUNG:

Yeah. Behind me.

# 222 MR. SCHECK:

Is that right?

# 223 MR. FUNG:

Behind me, yes.

# 224 MR. SCHECK:

All right. To the right, you see a little yellow card on the ground?

# 225 MR. FUNG:

Yes.

# 226 MR. SCHECK:

That's one of those markers that you put down to indicate where maybe items of evidence are.

# 227 MR. FUNG:

Items that are--it's an item for photo id.

# 228 MR. SCHECK:

Yes. And that was of an item that you did not collect?

# 229 MR. FUNG:

That was--yes.

# 230 MR. SCHECK:

Okay. Now, approaching here, you see a police officer and you see a card; do you not?

# 231 MR. FUNG:

Yes.

# 232 MR. SCHECK:

Okay. Let's roll it. All right. Let's stop right here. Now, that's a black and white police car, correct?

# 233 MR. FUNG:

Yes.

# 234 MR. SCHECK:

All right. And you and Miss Mazzola have just passed it?

# 235 MR. FUNG:

Yes.

# 236 MR. SCHECK:

And this is the afternoon of June 13th?

# 237 MR. FUNG:

Yes, it is.

# 238 MR. SCHECK:

All right. And coming up, you see a space in front of that black and white police car?

# 239 MR. FUNG:

Yes.

# 240 MR. SCHECK:

Let's roll it. Now let's stop. Now, you just walked past the black and white police car and there was an extended space until you hit this next vehicle?

# 241 MR. FUNG:

Yes.

# 242 MR. SCHECK:

Okay. Let's roll it.

# 243 THE COURT:

Excuse me, Mr. Scheck. Do you want the sound on this?

# 244 MR. SCHECK:

Yes, we do as a matter of fact. Thank you very much, your Honor. I think we started off with the sound. Now, stop. Now, after that--let's rewind it for a second just to make sure we got everything exactly right. Stop. Okay. Roll it through.

# 245 MR. SCHECK:

All right. That's the space we were talking about the cars. Here's another gray car, correct?

# 246 MR. FUNG:

Yes.

# 247 MR. SCHECK:

All right. Stop. Now, that's a brown car, correct?

# 248 MR. FUNG:

Yes.

# 249 MR. SCHECK:

Okay. Let's move forward. Stop. Now, this is a white van, correct?

# 250 MR. FUNG:

Yes.

# 251 MR. SCHECK:

But that is not Mr. Simpson's Ford Bronco, is it?

# 252 MR. FUNG:

No, it is not.

# 253 MR. SCHECK:

Mr. Simpson's Ford Bronco was not at this location as you were walking out in the afternoon of June 13th at Rockingham?

# 254 MR. FUNG:

Not the time--

# 255 MR. SCHECK:

Right.

# 256 MR. FUNG:

--in this video.

# 257 MR. SCHECK:

Okay. All right. Let's stop. Now, that's you, and you have in your right hand a black valise?

# 258 MR. FUNG:

Yes.

# 259 MR. SCHECK:

And in your left hand, you have a number of paper bags?

# 260 MR. FUNG:

Yes.

# 261 MR. SCHECK:

And Miss Mazzola, she has a clipboard?

# 262 MR. FUNG:

Yes.

# 263 MR. SCHECK:

Is that a posse box or a clipboard? Can you tell?

# 264 MR. FUNG:

It's a posse box.

# 265 MR. SCHECK:

All right. And she has another black--what is that; an evidence kit in her hand?

# 266 MR. FUNG:

It's a--yes. Part of the evidence kit.

# 267 MR. SCHECK:

All right. And this was the first videotape that we showed you this morning?

# 268 MR. FUNG:

Yes.

# 269 MR. SCHECK:

Okay. Let's roll it. That's you putting your valise in, putting the paper bags in, Miss Mazzola putting the posse box and the black valise in, correct?

# 270 MR. FUNG:

Yes.

# 271 MR. SCHECK:

Shutting the door. Let's listen carefully. Okay. Let's just reverse for a second. All right. Stop. Kill this tape.

# 272 (At 2:27 P.M., the playing of the videotape concluded.)

# 273 MR. SCHECK:

Now, that's you saying, "Let's make one last check"?

# 274 MR. FUNG:

Yes.

# 275 MR. SCHECK:

Okay. Now, the next videotape we showed you--recall seeing a subsequent videotape this morning which is a more extended shot of you walking out at that time to the car, to the van, putting the bags, the valise in and then walking back, correct?

# 276 MR. FUNG:

Yes.

# 277 THE COURT:

Mr. Harris, which exhibit is this?

# 278 MR. HARRIS:

This is 1102.

# 279 THE COURT:

1102.

# 280 MR. SCHECK:

And that's a photograph of one of those evidence markers, correct?

# 281 MR. FUNG:

Yes.

# 282 MR. SCHECK:

Two of them?

# 283 (At 2:28 P.M., a videotape was played.)

# 284 MR. SCHECK:

Okay. Now, this is you and Miss Mazzola coming out again. Stop. Stop, please. Now, that was again the black and white car, correct?

# 285 MR. FUNG:

Yes.

# 286 MR. SCHECK:

And this is now, you're walking past the space where--in front of that black and white car?

# 287 MR. FUNG:

Yes.

# 288 MR. SCHECK:

All right. Let's proceed. And there's that gray van and the next car is a brown one, correct?

# 289 MR. FUNG:

Yes.

# 290 MR. SCHECK:

You're carrying those bags in your left hand in the valise. Now we see some video people coming, correct? And that's you putting the paper bags and the valise in and Miss Mazzola putting the posse box and the evidence kit in, correct?

# 291 MR. FUNG:

Yes.

# 292 MR. SCHECK:

And this is the point where you close the door and the audio of that last tape we heard you say, "Let's go back for one more check," correct?

# 293 MR. FUNG:

Yes.

# 294 MR. SCHECK:

And now we see you and Miss Mazzola going back for one more check, correct?

# 295 MR. FUNG:

Yes.

# 296 MR. SCHECK:

Now you're picking up those evidence tags, correct?

# 297 MR. FUNG:

Yes.

# 298 MR. SCHECK:

First two? Now you're picking up the third one. All right. Stop. Going back inside. Okay?

# 299 MR. FUNG:

Yes.

# 300 (At 2:30 P.M., the playing of the videotape concluded.)

# 301 MR. SCHECK:

Your Honor, could we have--I'm informed that we have the complete tape?

# 302 THE COURT:

Yes. We're just cueing it up.

# 303 (Brief pause.)

# 304 THE COURT:

I believe it's cued up to the right spot.

# 305 MR. SCHECK:

Thank you, your Honor.

# 306 THE COURT:

You might want to have Mr. Harris check that. And the protective gear is out of it.

# 307 (Brief pause.)

# 308 THE COURT:

Have you checked it? Does that appear to be the same clip?

# 309 MR. SCHECK:

It appears to me, your Honor.

# 310 (At 2:31 P.M., a videotape was played.)

# 311 MR. SCHECK:

All right. All right. Now, Mr. Fung, this is a clip of you and Miss Mazzola coming out of Rockingham, correct?

# 312 MR. FUNG:

Yes.

# 313 MR. SCHECK:

And this took place after that first set of footage, correct?

# 314 MR. FUNG:

Yes.

# 315 MR. SCHECK:

So first--the first two tapes, we saw two different angles of you and Miss Mazzola leaving, you're carrying brown bags in one hand, black valise in the other, correct?

# 316 MR. FUNG:

Yes.

# 317 MR. SCHECK:

And Miss Mazzola's carrying the posse box, correct?

# 318 MR. FUNG:

Yes.

# 319 MR. SCHECK:

And another black case, correct?

# 320 MR. FUNG:

Yes.

# 321 MR. SCHECK:

And you put all of that in the evidence truck?

# 322 MR. FUNG:

Yes.

# 323 MR. SCHECK:

And the way that you just saw those two tapes are the way that you first saw them this afternoon, correct?

# 324 MR. FUNG:

Yes.

# 325 MR. SCHECK:

And the way that you saw them is as you and I discussed it, I pointed out the location of cars as you walked down the street, correct?

# 326 MR. FUNG:

Yes.

# 327 MR. SCHECK:

You followed those very carefully just as we did with the jury?

# 328 MR. FUNG:

Yes.

# 329 MR. SCHECK:

Okay. Now, this is you leaving after your last check, correct?

# 330 MR. FUNG:

This is me leaving the scene, yes.

# 331 MR. SCHECK:

Yes. Okay. Let's roll it here. Okay. Let's stop. Now, the man behind you is a photographer named Mr. Wilson?

# 332 MR. FUNG:

Yes.

# 333 MR. SCHECK:

And he's from SID, correct?

# 334 MR. FUNG:

Yes, he is.

# 335 MR. SCHECK:

And as you were walking out that door--if you want to see it again--you have nothing in your hands?

# 336 MR. FUNG:

That's correct.

# 337 MR. SCHECK:

All right. You do not have a gray envelope in your hands?

KEY QUOTE

# 338 MR. FUNG:

That's correct.

# 339 MR. SCHECK:

You do not have a brown paper bag in your hands?

# 340 MR. FUNG:

That's correct.

# 341 MR. SCHECK:

You do not have a posse box in your hand?

# 342 MR. FUNG:

That's correct.

# 343 MR. SCHECK:

Now, Miss Mazzola in one of--in her left hand, she has what appears to be a black plastic bag?

# 344 MR. FUNG:

Yes.

# 345 MR. SCHECK:

Let's roll it. Okay. Let's--stop. Okay. Now, that videotape shows you walking out the front door, correct?

# 346 MR. FUNG:

Yes.

# 347 MR. SCHECK:

This is the second trip down?

# 348 MR. FUNG:

Of the videotapes, yes.

# 349 MR. SCHECK:

Can we rewind that a little bit? Just rewind, rewind, rewind. Let's see if--there's a cut here and I would like you to concentrate if you can see the cars just at the point of the cut. Okay. Let's see. Let's stop. You do see that--from this angle at least, we can see that white van, correct?

# 350 MR. FUNG:

Yes.

# 351 MR. SCHECK:

And we see a space behind it, correct?

# 352 MR. FUNG:

Yes.

# 353 MR. SCHECK:

All right.

# 354 (At 2:34 P.M., the playing of the videotape concluded.)

# 355 MR. SCHECK:

Let's play the next tape. We're going to cue it up. This is 1103. And while Mr. Harris is finding it, Mr. Fung, you recall that this tape is going to depict a more complete view of you and Miss Mazzola on the second trip walking down the driveway and then at Rockingham and then down Rockingham, correct?

# 356 MR. GOLDBERG:

Well, that calls for speculation.

# 357 MR. SCHECK:

Let's just let him see it.

# 358 THE COURT:

Sustained. All right. Which tape is this, Mr. Harris?

# 359 MR. SCHECK:

We're back to 1103.

# 360 THE COURT:

Thank you, sir.

# 361 (At 2:35 P.M., a videotape was played.)

# 362 MR. SCHECK:

And--okay. Now, let's take a look at this, Mr. Fung. Okay. Now, before we start it, that's you and Miss Mazzola again on your second trip, correct?

# 363 MR. FUNG:

On the second trip of the videotapes, yes.

# 364 MR. SCHECK:

And that is a continuation of the video that we just saw where the two of you walk out the door?

# 365 MR. FUNG:

Yes.

# 366 MR. SCHECK:

And on the ground, you notice that there are no evidence tags, correct?

# 367 MR. FUNG:

Yes.

# 368 MR. SCHECK:

All right. And you have--you're not carrying a--any paper bags?

# 369 MR. FUNG:

That's correct.

# 370 MR. SCHECK:

You're not carrying a posse box?

# 371 MR. FUNG:

That's correct.

# 372 MR. SCHECK:

You're not carrying a gray envelope?

# 373 MR. FUNG:

That's correct.

# 374 MR. SCHECK:

Let's roll it. Now, let's pay careful attention to the cars, sir. All right. Stop. Stop. That is the black and white car, correct?

# 375 MR. FUNG:

Yes.

# 376 MR. SCHECK:

All right. And let's move it. Stop. Now, that's a new car, isn't it?

# 377 MR. FUNG:

A new car?

# 378 MR. SCHECK:

Well, that car wasn't there the first time in the first sequence we saw, correct?

# 379 MR. FUNG:

In the first video sequence, no.

# 380 MR. SCHECK:

Right. That car wasn't there when you and Miss Mazzola walked down the driveway at Rockingham, walked down the street at Rockingham and put the brown paper bags, the valise into the back of the crime scene truck, correct?

# 381 MR. FUNG:

That's correct.

# 382 MR. SCHECK:

That car wasn't there when Miss Mazzola put the posse box into the crime scene truck?

# 383 MR. FUNG:

Didn't appear in the video, no.

# 384 MR. SCHECK:

Wasn't there, right?

# 385 MR. GOLDBERG:

Well, it's vague as to whether he's talking about video or recollection.

# 386 THE COURT:

Sustained. Rephrase the question, please.

# 387 MR. SCHECK:

Mr. Fung, you know that that gray car is the gray car that Detective Vannatter used to drive to Rockingham on the afternoon of June 13th?

KEY QUOTE

# 388 MR. FUNG:

Yes.

# 389 MR. SCHECK:

And that gray car wasn't there when you first--in that first set of video clips when you came out, correct?

# 390 MR. FUNG:

That's correct.

# 391 MR. SCHECK:

And you saw that this afternoon; did you not?

# 392 MR. FUNG:

The video.

# 393 MR. SCHECK:

Yes.

# 394 MR. FUNG:

Yes.

# 395 MR. SCHECK:

In this order.

# 396 MR. FUNG:

Yes.

# 397 MR. SCHECK:

Let's run it. All right. Now, that's you and Miss Mazzola walking down the street. Stop. Now, as that ended, sir, you--can we just go back to the very, very end and stop it? Just let's stop it, Mr. Harris, at the point--at the very point--very end as they're walking by the truck. There. Okay. Now, you and Miss Mazzola are not putting anything into the back of the evidence truck at that point, are you?

# 398 MR. FUNG:

Not at that point, no.

# 399 MR. SCHECK:

You're walking towards the front of the car, correct?

# 400 MR. FUNG:

I was walking towards the passenger door.

Temperature

devastating

Key Quotes (5)

Barry Scheck

Was that a slip, Mr. Fung, where you were accidentally revealing the truth, that you received the blood vial after you received the sneakers?

Scheck's most pointed accusation — framing a prior inconsistency not as confusion but as an inadvertent truth, implying the blood was delivered to Fung after he left Rockingham.

Barry Scheck

You do not have a gray envelope in your hands? ... You do not have a brown paper bag in your hands? ... You do not have a posse box in your hand?

Scheck walks Fung through the videotape frame by frame, extracting admissions that Fung had empty hands on his final trip out of Rockingham — undercutting the timeline of when he received Simpson's blood.

Barry Scheck

Mr. Fung, you know that that gray car is the gray car that Detective Vannatter used to drive to Rockingham on the afternoon of June 13th?

The pivot moment: Vannatter's car — which allegedly carried the blood sample — had not yet arrived during Fung's first trip, but appeared during the second. This is the visual foundation for the blood-planting theory.

Dennis Fung

I placed it in a gray whole blood envelope.

Grand jury testimony where Fung said he packaged the blood himself — contradicting his cross-examination account that it arrived pre-packaged in a gray envelope from Vannatter.

Barry Scheck

Mr. Fung, are you having some trouble keeping this story straight about getting the blood vial, blood sample from Detective Vannatter from Rockingham?

Scheck's blunt summary of the inconsistencies — sustained as improper, but the question itself landed before the jury.

Evidence (8)

People's 164, Item 10

Blue plastic object collected from Rockingham by Detective Fuhrman on June 13th, stored in a coin envelope

Physically demonstrated in court — Fung opened and unfolded it to show it could not fit in the coin envelope without folding

Defense 1105

Photograph of item no. 10 as it appeared at Rockingham on June 13th

Introduced and displayed on monitor

Defense 1106

Videotape of Fung's direct examination testimony

Played in court to document alleged slip about order of receiving blood vial vs. sneakers

Defense 1101

Videotape of Fung and Mazzola's first trip out of Rockingham, carrying paper bags and valise to the crime scene truck

Played and analyzed frame-by-frame; no Vannatter vehicle visible

Defense 1102

Second angle of Fung and Mazzola's first trip out of Rockingham

Played; confirmed Fung loaded evidence and returned for one more check

Defense 1103

Videotape of Fung and Mazzola's second trip out of Rockingham — Fung has empty hands, Vannatter's gray car now visible

Played and analyzed; critical to blood-planting timeline argument

+ 2 more

Notable Exchanges (3)

Barry Scheck•Dennis Fung

Scheck plays three videotapes in sequence establishing that Fung's final exit from Rockingham showed empty hands and that Vannatter's gray car — the alleged source of the blood sample — was absent on the first trip and appeared only on the second. Fung confirms each detail.

strategic and methodical — Scheck building an unanswerable visual record

Barry Scheck•Hank Goldberg•Lance A. Ito

Sidebar after Fung admits Goldberg discussed 'events' with him that morning. Scheck claims the court had ordered no such discussion. Goldberg argues the order only covered videotapes, not the underlying facts. Judge accepts Goldberg's explanation but tells Scheck to explore it further.

tense procedural dispute over witness coaching

Barry Scheck•Dennis Fung

Scheck reads Fung's grand jury testimony where Fung said 'I placed it in a gray whole blood envelope,' then asks if Fung is 'having trouble keeping this story straight.' Objection sustained but the contradiction is fully aired.

aggressive impeachment

Light Moments (1)

Lance A. Ito

Judge Ito, anticipating that Fung would need to cut open a coin envelope, leaned in and asked: 'Knife or scissors?' — Fung requested scissors, Goldberg then suggested gloves, and the courtroom spent a moment waiting for gloves to be fetched.

Credibility Attacks (4)

⚔ Dennis Fung

Prior inconsistent statement — grand jury testimony

Fung testified at grand jury that he personally placed the blood in a gray whole blood envelope; on cross he described receiving it already packaged in a gray envelope from Vannatter.

⚔ Dennis Fung

Prior inconsistent statement — direct examination video

Scheck played a clip of Fung's direct examination where Fung appeared to say he received the blood vial before the sneakers, reversing the chronology he maintained elsewhere.

⚔ Dennis Fung

Videotape contradiction of factual claim

Three videotapes show Fung leaving Rockingham on his final trip with empty hands — no gray envelope — while Vannatter's car was not yet present, visually undermining Fung's account that he received the blood sample at the scene on June 13th.

⚔ Hank Goldberg

Potential witness coaching / violation of court order

Scheck challenged Goldberg's morning conversation with Fung as violating a court directive. Goldberg maintained the order covered only videotapes, not the underlying facts.

Witness Demeanor

(Witness complies.) — repeated throughout the blue plastic demonstration, suggesting cooperative but mechanical responses

Fung gives minimal, carefully qualified answers throughout: 'On the second trip of the videotapes, yes.' — hedging by referencing the video rather than his memory

Objections

7 objections (5 sustained, 2 overruled)

Proceeding 5696 • 400 utterances • Defense witness

Criminal Trial

Department 103