Redirect examination of Dennis Fung (part 6)

📄 Redirect examination of Dennis Fung (part 6) — Thursday, April 13, 1995

Address:

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

TRIAL

▲ Day 56 of 167

Witness: Dennis Fung
Examiner: Barry Scheck
Called by: Defense • Date: Thursday, April 13, 1995 • Utterances: 20

Barry Scheck cross-examines Dennis Fung about a laboratory document showing dates for items 17, 18, and 19 — tennis shoes, Simpson's blood sample, and a hair from the Rockingham glove. Scheck uses the document's date of 6/14/94 to challenge when Fung received the Reebok sneakers, and Fung contradicts the document by insisting he received them on June 13th at 5:20.

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

# 2 MR. SCHECK:

Now, on this document, you can read along if it helps, with your copy, if you want, it refers to item 17, "One pair of tennis shoes, Reebok, received in serology by D. Fung from Detective Lange," correct?

# 3 MR. FUNG:

Yes.

# 4 MR. GOLDBERG:

Wait a minute.

# 5 MR. SCHECK:

Up in the upper right-hand corner just where "D. Fung" is there is a date, "6/14/94"?

# 6 MR. FUNG:

That's correct.

# 7 MR. SCHECK:

And below that is written "Item 18, blood sample in tube from Simpson."

# 8 MR. FUNG:

That's correct.

# 9 MR. SCHECK:

And item 19 is "Hair from item no. 9."

# 10 MR. FUNG:

Yes.

# 11 MR. SCHECK:

And that is item no. 9 is the Rockingham glove?

# 12 MR. FUNG:

Yes.

# 13 MR. SCHECK:

And the hair that is being referred to is a hair that you removed on the morning of June 14th?

# 14 MR. FUNG:

Yes.

# 15 MR. SCHECK:

And the sneakers are sneakers that you received in the morning on June 14th?

# 16 MR. FUNG:

Yes.

# 17 MR. SCHECK:

And it is your testimony that the blood sample from Mr. Simpson you did not receive after the sneakers on the morning of June 14th?

# 18 MR. FUNG:

I received the sneakers on June 13th at 5:20.

KEY QUOTE

# 19 MR. SCHECK:

And on direct examination you mentioned that you saw this document when you came back to the laboratory on June 14th?

# 20 MR. FUNG:

At some point, when I was writing my property report, I saw this document.

KEY QUOTE

Temperature

tense

Key Quotes (2)

Dennis Fung

I received the sneakers on June 13th at 5:20.

Fung contradicts the 6/14/94 date visible on the document Scheck is referencing, creating a discrepancy in the evidence receipt timeline.

Dennis Fung

At some point, when I was writing my property report, I saw this document.

Fung's delayed or incidental review of the document raises questions about how carefully he tracked chain of custody records.

Evidence (2)

Informal

Laboratory document listing item 17 (Reebok tennis shoes received by D. Fung from Detective Lange, dated 6/14/94), item 18 (blood sample in tube from Simpson), and item 19 (hair from item 9, the Rockingham glove)

discussed, used to challenge testimony

Informal

Rockingham glove (item 9), referenced as the source of the hair sample in item 19

referenced

Notable Exchanges (1)

Barry Scheck•Dennis Fung

Scheck methodically walks Fung through the document entries — shoes, blood, hair — then springs the discrepancy: the document shows 6/14/94 for the sneakers, but Fung insists he received them on June 13th. Scheck then notes Fung only saw this document when writing his property report, not in real time.

strategic

Credibility Attacks (1)

⚔ Dennis Fung

prior inconsistent statement / documentary contradiction

Scheck uses the lab document's 6/14/94 date to contradict Fung's claim that the sneakers were received on June 13th at 5:20, and highlights that Fung only reviewed this document incidentally while writing his property report rather than maintaining contemporaneous awareness of it.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 5677 • 20 utterances • Defense witness

Criminal Trial

Department 103