Now, when you saw these videotapes this morning, Mr. Fung, you saw the first clip, the first trip out from Rockingham where you were carrying the brown paper bags and the valise, correct?
And on that first trip, the gray car that Detective Vannatter drove on June 13th to Rockingham wasn't there, was it?
When you saw the tape this morning and we reviewed the cars on that first trip, you did not see the gray car that Detective Vannatter drove to Rockingham in that first trip video, correct?
Now, on the first trip, that's the time that you put the brown paper bags into the car--into the back of the crime scene truck, right?
The first trip is when you put the black valise into the back of the crime scene truck?
The first trip is when Miss Mazzola put the posse box into the back of the crime scene truck?
And when you saw these series of tapes, Mr. Fung, you realized that you had been caught in a lie, didn't you?
Well, you had told this jury yesterday that you carried the blood vial--blood sample either in a brown paper bag in the posse box or in your hands, correct?
But when you saw the videotape, these videotapes, you realized, sir, that that--Detective Vannatter's car wasn't there when you put the brown paper bags and the posse box was put in the rear of the crime scene vehicle, correct?
Mr. Fung, this afternoon when we looked at the videotapes, we did it in a similar fashion to the way we just did it in front of the jury, didn't we?
And I called your attention in--with respect to the second trip to the fact that Detective Vannatter's car was in the second sequence, but not the first, correct?
And when that was called to your attention, you realized that if Detective Vannatter was not at Rockingham at the time that you put the brown paper bags in the valise and Miss Mazzola put the posse box in the back of the evidence truck, that there was no way that at that point in time you could have been putting the blood sample into the car.
You realized when you saw the videotapes this afternoon, that you could no longer maintain the position that you had put the blood sample--
You could no longer say after you saw the videos that you were carrying the manila--the gray manila envelope within a brown paper bag, correct? You knew you couldn't say that after seeing these videotapes?
After you saw the videotapes, you realized that you could not have been carrying the gray manila envelope in a brown paper bag because Detective Vannatter wasn't there yet when you were shown putting brown paper bags into the truck, correct?
And you realized that you could not have carried the manila envelope in the posse box because when the posse box was put into the crime scene truck, Detective Vannatter's car wasn't there, correct?
My question to you, sir, is simply, you knew that when you saw those videotapes that you could not have carried the gray manila envelope in the posse box and put it in the back of the crime scene truck? Yes or no?
And when you saw both videotape tapes, you came to the conclusion that you could not say that you had carried the gray manila envelope in your hands? Yes or no?
All right. Let's stop. Now, do you recall this morning about this point when you were being shown this tape, the Judge asked you a question?
But it--I--your Honor, if you tell me the point, your memory I'm sure is better than mine. I don't want to get anything wrong. If you could tell us where at the point in the tape it is.
No. Further in this one. Keep going. You can bring it up to real time, Mr. Harris. Right there.
Now, at this point in the time, Judge Ito asked you what was in the plastic bag being carried by Miss Mazzola?
After you realized that you couldn't say that the gray manila envelope was in a brown paper bag or in the posse box or you carried it in your own hands, the Judge asked you the question, you made up the fact that it was in that plastic bag, didn't you?
KEY QUOTEAgain, yesterday--and I'm starting at page 22443--on cross-examination, were you asked these questions and did you give these answers? "Question: So to the best of your recollection, Detective Vannatter handed you a gray envelope and he just had it in his hand? "Answer: To the best of my recollection, yes. "And then--"Question: And then after you received that gray envelope, what did you do with it "Answer: I wrote on the envelope that I received it from him and I put the time, date and my initials. "Question: And what did you do with the envelope at that point "Answer: I looked inside to make sure that there was a vial in it and that it was in the condition that it was unopened, and I put it in the crime scene truck." Were you asked those questions and did you give those answers?
Now, you knew before you ever came to testify in this case, sir, that the issue of whether or not you actually got the gray manila envelope from Officer Vannatter on June 13th would be a subject of contention at this trial?
In your meetings with the District Attorney, did you not discuss that you might be cross-examined on this issue?
Do you recall a hearing where Mr. Neufeld asked you some questions in August of 1994?
And I think you've indicated to us before, sir, that after that proceeding, you and Miss Mazzola had some conversations trying to reconstruct the events of June 13th?
Well, you discussed the details of events that were the subject matter of her testimony?
Mainly we discussed--we tried to just find out who did the actual picking up of evidence.
And you knew it would be a very important piece of evidence in this case, didn't you?
And were you aware that Miss Mazzola had taken the position at this hearing in August that she did not see you get--
After your conversations with--withdrawn. During your conversations with Miss Mazzola after her testimony in August, did you learn that she did not remember seeing you get Mr. Sample's blood sample--
Did you discuss with Miss Mazzola after the hearing in August whether or not she had seen you get Mr. Simpson's blood sample on June 13th?
Did it come to your attention from anyone that Miss Mazzola did not recall you receiving Mr. Simpson's blood sample on June 13th?
I've already told the jury--I've instructed the jury if I sustain an objection, they're to disregard the implication of any question. Proceed.
Were you told by Michelle Kestler that--sometime after August 1994, that Andrea Mazzola--
Sustained. Counsel, this whole line needs to be done in a different way and we're wasting time. If you're going to keep doing that, I'm going to stop you right here.
Did you ever sit down with Miss Mazzola after August and review the testimony that you gave and she gave during that hearing?
Did you ever discuss the testimony that you gave and she gave at that hearing after August?
You did have conversations with Miss Mazzola prior to testifying at this trial and after August of 1994?
Yeah. Didn't you have conversations with Miss Mazzola after August of 1994 and before your testimony at this trial concerning the subject matter of your testimony at this trial?
And did you not in conversations with Miss Mazzola prior to this trial and after August discuss with her the subject matter of her testimony?
We went over the--tried to put together the events of the crime scene in regards to the collection of what we did and who did what.
And one of the things that you discussed with Miss Mazzola was the collection of Mr. Simpson's blood vial--blood sample?
I don't recall specifically talking about the blood vial because it just wasn't a subject that had to do with that blood collection as far as picking it up, picking up blood swatches and things like that.
Never had a discussion with Andrea Mazzola about when Mr. Simpson's blood sample was collected?
On direct examination, you were asked some questions about a document where Andrea Mazzola had written that Mr. Simpson's blood sample was item no. 18 and the sneakers that Detective Lange gave you on June 14th were no. 17?
Oh. The conversation with Miss Mazzola about the fact that Mr. Simpson's blood sample was put down as no. 18 and the sneakers were put down as no. 17 happened before August?
And the conversation that you had maybe on June 13th or June 14th with Miss Mazzola about her recording--
Do you remember that you went over the evidence collection checklist with Miss Mazzola prior to testifying here?
And that checklist contained each of the items that you collected, you and Miss Mazzola?
And you're telling us that when it came to Mr. Simpson's blood sample, you and she had no discussion?
I'm not saying that. I'm saying I don't recall the discussion or if there was a discussion about it.
So you're now telling us that there might have been a discussion with Miss Mazzola about the collection of Mr. Simpson's blood sample after August, but you can't recall it?
Are you now saying, sir, that there might have been a conversation after August with Miss Mazzola about the collection of Mr. Simpson's blood sample?
So it could have been a conversation about it after August, but you just don't remember?
Now, when you got back to the lab on the afternoon of June 13th, you're telling us that you had with you this gray manila envelope that contained Mr. Simpson's blood sample?
Is there any record in the crime laboratory's computer tracking system that indicates where you put that blood sample on the evening of June 13th?
The evidence tracking system does not take that type of prebooked evidence into account.
If you were to put something in the refrigerator or freezer in the serology lab, doesn't somebody have to hit a bar code to open the door of the serology freezer?
Any time someone opens the freezer in the serology laboratory, are they not supposed to hit some kind of bar code?
Well, is there a computer record at the evidence collection unit that indicates where this blood sample was on the evening of June 13th?
Do you have a written record anywhere in any form indicating where you put Mr. Simpson's blood sample on the evening of June 13th?
Now, you told us on direct examination that you were trying to record items that you collected in chronological order.
And you told us that after you first left the Rockingham scene in the morning, you and Miss Mazzola sat down together and you did an inventory, correct?
And I think you told us yesterday that after you left the Bundy scene, you did the same thing. You checked it in inventory checking the items together.
And you told us yesterday that after you left the Rockingham scene, in the afternoon, you and Miss Mazzola conducted that same kind of inventory when you checked each item together?
And in that inventory the afternoon of June 13th where you were checking the items together with Miss Mazzola, did you show her the gray envelope containing Mr. Simpson's blood sample?
We had not obtained that sample yet when we conducted the inventory, evidence inventory.
So you're now saying that the evidence inventory--withdrawn. Did you conduct the evidence inventory in the crime scene truck as you told us before?
No, because the media was out there and we wanted to do it out of the eyes of the media. So we did it within the residence.
So you couldn't have--you didn't--on the--when you left Rockingham in the morning, did you conduct the evidence inventory in the crime scene truck?
And when you left Bundy in the afternoon, did you conduct the evidence inventory in the crime scene truck?
Someplace near the front of the residence. I don't--I don't recall exactly where we set up the crime scene kit. I think it was out near the sidewalk.
You did the evidence inventory on the sidewalk outside of 875 Bundy at around 3:00 in the afternoon?
Well, if you did it in front of the sidewalk at 875 Bundy around 3:00 o'clock in the afternoon, weren't there people there with videotapes, cameras taking pictures?
Well, so you're now going--so it's--now you're saying, Mr. Fung, that before you left the house at Rockingham, you and Miss Mazzola sat down and went through each item and did the inventory. Is that what you're telling us?
Are you not able to recall this, Mr. Fung, because as you sit there, you're wondering that if you put it in some particular room, there might be people that could be placed at that location who would then have to come in and corroborate it?
And it was after item 16 was picked up that you and Miss Mazzola did this inventory?
And item 16 was picked up in front of the--the front door of Mr. Simpson's residence?
And you can't recall whether after that item was picked up in that foyer area you and Miss Mazzola did this inventory?
I don't recall exactly where we did the inventory, but it was within that residence.
So you're saying that the inventory was done and everything was placed into the truck during that first trip when you put the paper bags into the back of the crime scene truck?
That's when we see you putting in the paper bag and Miss Mazzola is putting in the posse box?
So now you're saying that Mr. Simpson's gray manila envelope with the blood sample in it was put into that black plastic trash bag that Miss Mazzola was carrying?
Now, do you have some concerns, Mr. Fung, that Miss Mazzola is not going to come into this courtroom--withdrawn. Do you have some concerns, Mr. Fung, about Miss Mazzola coming into this courtroom and saying that she recalls you placing this gray manila envelope with the blood sample in it into that plastic bag?
And your concern, sir, is based on the fact that you have knowledge that she has previously testified that she does not recall seeing Detective Vannatter hand you the gray manila envelope on June 13th?
Mr. Fung, do you think it would refresh your recollection to see Miss Mazzola's testimony in August with respect to the collection of items at Rockingham on the afternoon of June 13th?
You don't think that looking at her testimony might refresh your recollection as to things she has said to you in conversations about whether you received the blood sample from Detective Vannatter?
Now, in your conversations with Miss Mazzola about the events of the afternoon of June 13th, did it come to your attention that she recalled leaving Rockingham earlier than you recalled it?
In your conversations with Miss Mazzola about the events of the afternoon of June 13th, did she ever indicate to you that she remembered leaving just a few minutes after five?
All right. Before we do that, let me see counsel at the sidebar with the Court reporter.
you had been caught in a lie, didn't you?
That was one of the conclusions I came to, yes.
I had forgotten about the plastic bag until this morning.
At this point, yes.
After you realized that you couldn't say that the gray manila envelope was in a brown paper bag or in the posse box or you carried it in your own hands, the Judge asked you the question, you made up the fact that it was in that plastic bag, didn't you?