Cross-examination of Dennis Fung (part 1)

📄 Cross-examination of Dennis Fung (part 1) — Friday, April 14, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\14\CROSS-EXAMINATION-OF-DENNIS-FU.DOC

TRIAL

▲ Day 57 of 167

◀ Jury returns to courtroom Sidebar (1) ▶

Witness: Dennis Fung
Examiner: Hank Goldberg
Called by: Defense • Date: Friday, April 14, 1995 • Utterances: 29

Goldberg resumes redirect examination of Dennis Fung, focusing on a document comparison between People's 182 (an original page 4) and Defense exhibit 1107-b (apparently a photocopy or reproduction). Fung identifies staple holes and paper punch holes on the original and notes that corresponding black dots appear on the defense exhibit, supporting a preliminary evaluation he had performed. The session ends with the documents being passed to the jury and Scheck requesting a sidebar.

# 1 MR. GOLDBERG:

Your Honor, could I have the two page 4's back from the Court? May I approach?

Dennis Fung, the witness on the stand at the time of the evening adjournment, resumed the stand and testified further as follows:

# 2 THE COURT:

All right. Mr. Fung, would you resume the witness stand, please. All right. Good morning again, Mr. Fung. You are reminded you are still under oath, sir. Mr. Goldberg.

# 3 MR. GOLDBERG:

Thank you. Your Honor, I would like to put People's 182 up on the elmo if I may. Could we get a close-up of the upper left-hand corner?

REDIRECT EXAMINATION (RESUMED) BY MR. GOLDBERG

# 4 MR. GOLDBERG:

Mr. Fung, when you examined this document briefly last night, did you see a variety of paper clip holes in that document?

# 5 MR. FUNG:

Staple holes, yes.

# 6 MR. GOLDBERG:

Staple holes. Sorry. And also what appear to be just some black artifact little dots?

# 7 MR. FUNG:

Yes.

# 8 MR. GOLDBERG:

And could we perhaps using the telestrator see if we can mark the various paper clip holes that you saw on this document? Maybe you can direct us.

# 9 MR. FUNG:

Down.

# 10 THE COURT:

Mr. Goldberg, is this really necessary, for him to look at the--telestrate all of the staple holes?

KEY QUOTE

# 11 MR. GOLDBERG:

I would just like to get some of them. Maybe we'll do three or four if we can. There are a number of them there and I just want to show the jurors.

# 12 THE COURT:

Well, we have the document here. We can show it to them. Don't you think it would be easier for them to look at it?

# 13 MR. GOLDBERG:

I would like to do that too, if I may do both.

# 14 THE COURT:

All right. But it seemed to me that they're looking at the document or appear to be.

# 15 MR. FUNG:

Okay. Down, over to your left, little bit more. There (Indicating). Down. It's hard to make out on the screen here.

# 16 MR. GOLDBERG:

Okay. Can you see them on the larger screen?

# 17 MR. FUNG:

Not from this angle. Down from there and to your right and down a little bit more. There's one there, appears to be there (Indicating). And one more?

# 18 MR. GOLDBERG:

Let's see if we can get another one, if you can see one, if the resolution is good enough on your screen, Mr. Fung.

# 19 MR. FUNG:

Right next to the one on the bottom, there's one at the 2:00 o'clock position, right there (Indicating).

# 20 MR. GOLDBERG:

Now, perhaps we could put the next document, it's 1107-b, Defense exhibit, on the telestrator. And, Mr. Fung, if you see the way that this is positioned on the telestrator, do there appear to be little black Xerox dots that corresponded to some of the actual holes that were on the other exhibit, the real page 4?

# 21 MR. FUNG:

Approximately, yes.

# 22 MR. GOLDBERG:

And is that what you were referring to when you were saying that you did a preliminary evaluation of the document?

# 23 MR. FUNG:

Those are--that's just one of the characteristics that I looked at, but yes.

# 24 MR. GOLDBERG:

What were any of the other characteristics you looked at?

# 25 MR. FUNG:

I looked at the folds in the upper left-hand corner of the document and the holes, paper punch holes off the side of the left-hand margin.

KEY QUOTE

# 26 MR. GOLDBERG:

Your Honor, with the Court's permission, I'd like to pass these two documents to the jury.

# 27 (Brief pause.)

# 28 MR. SCHECK:

Your Honor, while the documents are being passed to the jury, may we take the opportunity for a brief sidebar?

# 29 THE COURT:

Yes.

Temperature

procedural

Key Quotes (3)

Dennis Fung

I looked at the folds in the upper left-hand corner of the document and the holes, paper punch holes off the side of the left-hand margin.

Fung summarizes the document characteristics he used in his preliminary evaluation, rehabilitating his earlier testimony about comparing the two page 4 documents.

Lance A. Ito

Mr. Goldberg, is this really necessary, for him to look at the--telestrate all of the staple holes?

Judge shows mild impatience with the granular telestrator exercise, suggesting Goldberg's redirect is getting into unnecessary detail.

Dennis Fung

Approximately, yes.

Fung confirms that the black Xerox dots on the defense exhibit correspond to the actual staple holes on the original, supporting the prosecution's document authenticity argument.

Evidence (2)

People's 182

Original page 4 document with staple holes, paper punch holes, and fold marks examined under the elmo/telestrator

discussed

Defense 1107-b

Reproduced or photocopied version of the page 4 document, showing black Xerox dots corresponding to the original's holes

discussed, passed to jury

Notable Exchanges (2)

Lance A. Ito•Hank Goldberg

Judge pushes back on Goldberg's telestrator exercise marking individual staple holes, suggesting jurors could just look at the physical document; Goldberg asks to do both.

mildly impatient

Barry Scheck•Lance A. Ito

Scheck requests a sidebar while documents are being passed to the jury, ending the short session abruptly.

strategic

Light Moments (1)

Hank Goldberg

Goldberg mistakenly says 'paper clip holes' and has to be corrected by Fung to 'staple holes'.

Witness Demeanor

(Indicating) — used multiple times as Fung directs the telestrator operator to staple hole locations on the screen

Objections

None recorded

Proceeding 5703 • 29 utterances • Defense witness

Criminal Trial

Department 103