Cross-examination of Dennis Fung (part 2)

📄 Cross-examination of Dennis Fung (part 2) — Friday, April 14, 1995

Address:

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

TRIAL

▲ Day 57 of 167

Witness: Dennis Fung
Examiner: Hank Goldberg
Called by: Defense • Date: Friday, April 14, 1995 • Utterances: 68

Goldberg conducts redirect of Dennis Fung, focusing on Defense exhibit 1107 — an unofficial handwritten document created by Andrea Mazzola listing uncatalogued evidence items. Goldberg works to neutralize the defense's conspiracy framing by establishing that Fung chose to preserve the document rather than discard it, and that it was properly disclosed to the defense through discovery. The session ends with Scheck demanding a sidebar on Goldberg's leading questions.

# 1 THE COURT:

All right. Thank you, counsel. Proceed.

# 2 MR. GOLDBERG:

Sir, directing your attention back to People's exhibit 182 for identification, was any part of that exhibit ever filled out?

# 3 MR. FUNG:

No.

# 4 MR. GOLDBERG:

And the portion that says "Time leaving crime scene"--let me just put that up on the elmo.

# 5 (Brief pause.)

# 6 MR. GOLDBERG:

The portion that says "Time leaving crime scene" was not filled out?

# 7 MR. FUNG:

No, it was not.

# 8 MR. GOLDBERG:

May I just have a moment?

# 9 (Brief pause.)

# 10 MR. GOLDBERG:

Your Honor, next I would like to take a look at Defense exhibit 1107 with item no. 17 through 19. Your Honor, do the lights need to be dimmed in the courtroom for us to get resolution--better resolution on this?

# 11 MR. GOLDBERG:

Sir, with respect to this exhibit, can you tell us again how this exhibit came into being?

# 12 MR. FUNG:

On the morning of June 14th, Miss Mazzola wrote down items of evidence which had not been previously written down in our evidence collection checklist.

# 13 MR. GOLDBERG:

Okay. And is this an official form of the Los Angeles Police Department, what we're looking at right now?

# 14 MR. FUNG:

No.

# 15 MR. GOLDBERG:

Is this a document that has--that's two-sided?

# 16 MR. FUNG:

No, it's not.

# 17 MR. GOLDBERG:

All right. So in the ordinary course of the crime lab's business, when you're documenting items that have come from a crime scene, are you supposed to use this kind of a form?

# 18 MR. FUNG:

No.

# 19 MR. GOLDBERG:

Or just a blank sheet of paper?

# 20 MR. FUNG:

No.

# 21 MR. GOLDBERG:

All right. And then at some point, you became aware that Miss Mazzola had written it on this piece of paper?

# 22 MR. FUNG:

Yes.

# 23 MR. GOLDBERG:

What did you tell her at that point?

# 24 MR. FUNG:

I told her to place this information on an evidence report form that's included with the crime scene checklist.

KEY QUOTE

# 25 MR. GOLDBERG:

All right. And could you have simply told Miss Mazzola, "Look, this is sort of a Mickey Mouse thing here--"

# 26 MR. SCHECK:

Objection. Leading.

# 27 THE COURT:

Sustained. Rephrase the question.

# 28 MR. GOLDBERG:

Could you have told Miss Mazzola simply to throw this away?

# 29 MR. SCHECK:

Objection. Leading.

# 30 THE COURT:

Sustained. Rephrase the question.

# 31 MR. GOLDBERG:

Under the policies of the crime lab, was there any obligation for you to save this document?

# 32 MR. FUNG:

As it was written there, no.

KEY QUOTE

# 33 MR. GOLDBERG:

Was there any custom within the crime lab that you're aware of that required you to save this document?

# 34 MR. FUNG:

No.

# 35 MR. GOLDBERG:

Would there have been any rule or procedure that would have been violated had you simply told Miss Mazzola, "Throw it out and write a new one on an official form"?

# 36 MR. FUNG:

No.

# 37 MR. GOLDBERG:

So did you make a decision to preserve this document?

# 38 MR. FUNG:

Yes.

# 39 MR. GOLDBERG:

And maintain this document?

# 40 MR. FUNG:

Yes.

# 41 MR. GOLDBERG:

And did you know full well that when you made that decision, copies of this document and eventually the original would be available to the Defense in discovery?

# 42 MR. SCHECK:

Objection. Leading.

# 43 THE COURT:

Sustained. Rephrase the question.

# 44 MR. GOLDBERG:

Sir, are you familiar with the procedures of discovery?

# 45 MR. FUNG:

Some of them, yes.

# 46 MR. GOLDBERG:

And are you aware that the Defense is entitled to copies of documents?

# 47 MR. FUNG:

Yes.

# 48 MR. GOLDBERG:

Including this one?

# 49 MR. FUNG:

Yes.

# 50 MR. SCHECK:

Your Honor--

# 51 THE COURT:

Objection?

# 52 MR. SCHECK:

I have an objection to that question with respect to matters that have been discussed.

# 53 THE COURT:

Overruled. Proceed.

# 54 MR. GOLDBERG:

So, Mr. Fung, if I understand your testimony, is the evidence that the Defense has here that they claim show some sort of conspiracy on your part--

KEY QUOTE

# 55 MR. SCHECK:

Objection. Leading.

# 56 MR. GOLDBERG:

--does it exist simply because you maintained it and preserved it?

# 57 MR. SCHECK:

Objection. Leading.

# 58 THE COURT:

Sustained. Rephrase the question.

# 59 MR. GOLDBERG:

Thank you.

# 60 MR. GOLDBERG:

You maintain this?

# 61 MR. FUNG:

Yes, I did.

# 62 MR. GOLDBERG:

And preserved it?

# 63 MR. FUNG:

Yes, I did.

# 64 MR. SCHECK:

Your Honor, I would like to have a sidebar on this issue.

# 65 THE COURT:

Overruled. You can cross-examine on that, counsel.

# 66 MR. SCHECK:

Your Honor, there's an issue here I think that--

# 67 MR. DARDEN:

Objection.

# 68 THE COURT:

With the Court reporter, please.

Temperature

tense

Key Quotes (3)

Hank Goldberg

So, Mr. Fung, if I understand your testimony, is the evidence that the Defense has here that they claim show some sort of conspiracy on your part — does it exist simply because you maintained it and preserved it?

Goldberg's core redirect argument: the document the defense uses to allege a cover-up only exists because Fung chose to keep it, undermining the conspiracy theory.

Dennis Fung

I told her to place this information on an evidence report form that's included with the crime scene checklist.

Fung establishes he corrected Mazzola's use of an unofficial form, showing procedural awareness rather than negligence or concealment.

Dennis Fung

As it was written there, no.

Fung confirms there was no obligation to save the informal document — framing his preservation of it as a deliberate, transparent choice.

Evidence (2)

People's 182

Crime scene checklist form with 'Time leaving crime scene' field left blank

discussed, displayed on Elmo

Defense 1107 (items 17-19)

Unofficial handwritten document created by Mazzola on June 14th listing uncatalogued evidence items not on the official checklist

discussed, displayed, characterized by prosecution as voluntarily preserved

Notable Exchanges (2)

Hank Goldberg•Barry Scheck•Lance A. Ito

Goldberg repeatedly tries to frame Fung's preservation of the Mazzola document as proof against conspiracy; Scheck objects to leading questions five times, with Judge Ito sustaining most but allowing Goldberg to rephrase and ultimately make the point.

strategic

Barry Scheck•Lance A. Ito

After Goldberg gets his key testimony in, Scheck requests a sidebar; Ito overrules and tells him to handle it on cross-examination, forcing the session to continue with the record established against Scheck's objections.

heated

Credibility Attacks (1)

⚔ Barry Scheck / Defense

reframing of defense's own exhibit

Goldberg uses Defense exhibit 1107 against the defense's conspiracy narrative, arguing the document's existence proves transparency rather than concealment — since Fung chose to preserve and disclose it.

Witness Demeanor

(Brief pause.) — twice, while Goldberg prepares exhibits

Objections

8 objections (5 sustained, 2 overruled)

Proceeding 5705 • 68 utterances • Defense witness

Criminal Trial

Department 103