Well, let me ask you this, Mr. Fung. If you wanted to alter a document with some sort of intent to mislead, would you leave your initials and the date on it?
All right. Now, did you know Detective Lange or Detective Vannatter prior to this--prior to the events on the 13th?
I had spoken to them on the phone, taken requests from them over the years and I had worked personally with them on two to three other cases.
Your Honor, at this time, I was going to move to another topic. I don't know whether the Court wanted to proceed. I see that we do have some time.
Okay. Mr. Fung, I wanted to ask you some questions about your grand jury testimony. But before doing that, I want to ask you first as a forensic scientist, as a Criminalist, when someone asks you the question, did you collect a particular item of evidence, what does that term entail, "Collect"?
To me, "Collect" entails the searching for the item, the identification of an item as evidence, the documentation of that evidence through notes, measuring it and photo documentation and describing what the item is. That's all done before the actual collection or picking up of the evidence.
Now, of those various steps that go before the actual physical picking up, of numbering and photo documenting and so on, which of those steps is most important?
Now, sir, when you were at the Rockingham location in the morning of the 13th, using the term "Collect" in the way that you just did, were you involved in the collection process of all of the evidence that morning?
I identified the items that we were going to collect that day or that morning. I directed the photographer as to which photographs to shoot. I assisted in helping to measure each and every one of those stains, and for some of the items, I actually did some of the swatching.
What about with respect to the items at Bundy that were collected on the 13th? Did you participate in the collection process as you just described it on all of those items?
I identified which items we were going to collect. I helped with the measurement of the items that we were going to collect and I actually did some of the swatching and collected some of the stains myself.
All right. So had you filled out the crime scene checklist portion that lists the people who act--who do the collection where it says "By" in the crime scene checklist? Do you know what I'm referring to?
As to let's say stain no. 6 just to pick one, what would you have filled it out as?
KEY QUOTEObjection to any hypothetical. Maybe--I think that calls for speculation and it's vague. He should testify to what he did or he didn't do.
We were working as a team that day, and if I was to fill it out, I would have filled out that we--we, being--meaning Miss Mazzola and myself, both did it.
But later on, didn't you go through a copy of those checklists with Miss Mazzola and kind of check off either both or Andrea Mazzola or yourself next to various items?
It had been an issue in the--I believe it was the Griffen hearing. It was brought up by the Defense--
So it was after this hearing that we referred to as the Griffen hearing that you did this, when you were having a conversation with Miss Mazzola trying to figure out who did what?
And what were you trying to figure out specifically in terms of collection during those conversations?
Specifically we were trying to remember who did the actual recovery phase or picking up of the evidence.
Did that become an issue in your view at this hearing that you testified to that we referred to as the Griffen hearing?
Overruled. But it is--as to that request. Sustained as to the nature of the question.
There was this hearing that you testified at prior to doing this process with Miss Mazzola; is that correct?
All right. And at that hearing, in your view, did the issue of who physically did what come up?
And was that the first time in your view that anyone spent a lot of time trying to figure out who physically did what at the crime scene?
Prior to that, had any member of the Prosecution interviewed you--interview you with respect to who physically did what at the crime scene?
Had any member of the Defense asked you any questions extensively about who did what at the crime scene?
Well, prior to that time, sir, had you testified in a number of--in a preliminary--excuse me--in a grand jury hearing?
Okay. Well, we'll get to that later. And then had you also testified in a preliminary hearing?
Okay. Now, who was in charge of the crime scene in terms of the work the Criminalists were performing between you and Miss Mazzola at the Rockingham location in the morning?
And who was making the decisions there in terms of the discretionary type decisions that are made by Criminalists?
Did you feel that you were responsible for all of the decisions that were made as to the collection process at that scene?
And what about the return trip to Rockingham on the 13th? Who was in charge of that?
If you were to divide the work up of a Criminalist into the mental component of deciding what to collect, what not to collect in the discretionary type decisions and then a physical component of actually collecting, which component were you involved in do you believe primarily?
Primarily I was involved with the mental aspect of the crime scene investigation.
KEY QUOTEOkay. And when you testified at the grand jury as to who was collecting what, was this your state of mind with respect to the division of authority there?
What was your frame of mind with respect to who was responsible for all the collection when you testified at the grand jury?
At the grand jury hearing, I was in charge of the evidence collection and I did--and I was the supervisor and I made the decisions.
And under this state of mind when you testify at the grand jury, who collected the evidence in the sense that you have defined it here today?
Your Honor, I would like to continue with these photographs later, but maybe this would be a good time to break.
I have never met Detective Fuhrman before June 13th.
Primarily I was involved with the mental aspect of the crime scene investigation.
She was the physical portion.
No.