Mr. Fung is again on the witness stand undergoing redirect examination by Mr. Goldberg. Good afternoon again, Mr. Fung.

Good afternoon.

You are reminded, sir, you are still under oath. And, Mr. Goldberg, you may continue with your redirect examination.

Good afternoon, Mr. Fung.

Good afternoon.

Good afternoon, ladies and gentlemen.

THE JURY: Good afternoon.

REDIRECT EXAMINATION (RESUMED) BY MR. GOLDBERG

Mr. Fung, when we left off, we were talking about Defense tape 1082 that shows Andrea Mazzola passing an item to you. As you sit here now, do you have an independent recollection of that incident?

No.

All right. And when you looked at the tape 1082, does it appear to you that the item is a bag that contains something or does not contain something?

The object does not appear to have any bulk to it. It appears to be a flat object.

But are you certain based upon your practice at a crime scene that you would not have taken the envelope--

Objection.

Let him finish the question.

--had it not been in a package, had it simply been in the condition that you saw it in Court with the bloodstains with your bare hands?

Sustained. Rephrase the question.

Sir, would you have done that? Would you have taken that eyeglass envelope with your bare hands?

Objection. Calls for speculation.

Sustained. Rephrase the question.

No.

And are you certain of that?

Absolutely.

Now, at one point, you testified that you believed that the Coroners had left the location at the time that was depicted in that scene on that Defense tape. Do you recall that?

Yes.

What made you think that the Coroners had left?

In my experience, Coroner's personnel leave very soon after moving the bodies and placing the--placing them in their vans, and I do not recall having seen any Coroner's personnel after I had seen them put the bodies in the vans that day. I just didn't recall seeing them.

Had you waited to commence your collection process until after the bodies had been removed from the location?

Yes.

And by that, I mean put in the van?

Yes.

All right. And based upon your experience in processing crime scenes, can you think of any reason why the Coroner would remain--the Coroner's representatives would remain--

Objection.

Sustained. Calls for speculation.

Well, it also goes to the state of mind, your Honor.

Calls for speculation.

At the crime scenes that you've been in the past, are there reasons--are there things that the Coroners have to do at the crime scene after they take the bodies and put them in the Coroner's vehicle?

Sometimes they have to get information from the detective, but I haven't seen that happen very often.

And so in your--you've processed about 500 crime scenes you said?

Yes.

And in your experience, does the Coroner almost always leave as soon as the bodies are in the vehicle?

Very soon after, yes.

Now, were you paying attention when you were involved in the collection process? And by that, I'm including numbering and measuring the various items. Were you paying attention to activities that other people were engaged in around you?

No. I was concerned with doing my job.

When you were involved in the collection process, were you trying to keep track of where the Coroner's representatives were or if they were even there?

No.

To this day, do you have any independent recollection of them being there?

No independent recollection, no.

And do you have any reason to believe that they were there other than the one clip of videotape that you saw with what appears to be the pant leg of one of the Coroner's representatives there?

No. Only the videotape shows that they're there.

Okay. Now, during the early portion of the collection process, did you say that you brought the glove from--that had been collected at the Rockingham location in its bag into the caged-off area?

Yes.

And for what purpose did you do that?

Detective Lange had requested to see the Rockingham glove.

Do you recall from your own independent recollection whether or not you opened the bag for sure or not?

I don't recall if I opened the bag or not.

Have you ever had any conversation with Detective Lange about that incident to your recollection? I mean after it happened.

Yes, we have talked about it, but I don't recall exactly what we discussed.

Do you know or happen to remember whether Detective Lange said that the bag was closed at the time?

Objection.

Sustained.

Limited for his state of mind.

Sustained.

Now, if we were to assume hypothetically that you brought the bag into the caged-off area and opened it, what kind of danger if any would be posed in terms of contamination of the evidence?

Just by merely opening the bag?

Yes.

Something from me like my hair or something could fall into the bag.

What about cross-contamination with the crime scene? I'm talking about that as a danger.

As long as I left the glove in the bag and was very careful opening the bag, I wouldn't see any real possibility of any cross-contamination.

At the time that you brought that glove to the location that was--where we've described as a caged-off area, did you believe that there was some legitimate investigatory reason for doing so?

Yes.

Did Detective Lange tell you what it was?

Objection. Calls for hearsay.

Well, he can say yes or no without saying what was said.

Yes.

He did give some indication as to why he wanted it there, yes.

Well, that was my next question. And it's not limit--it's not being introduced for the truth of the matter asserted, but the effect on this witness' state of mind.

Your Honor, I actually tried to elicit this.

What?

I tried to elicit this once and he objected.

Sustained.

Okay. But without telling us what he said, he did give you an explanation?

A limited one, yes.

All right.

But I think we've been over this already.

Well, not on redirect.

Well, the jury I think is clear already as to why that was done.

Okay. Now, at any time that you were at the location, did you ever see anyone shaking that blanket around, the one that was in contact with Nicole at one point?

No.

And was there a lot of wind at the location when you were doing your evidence collection?

It wasn't--there was some wind, but it wasn't a windy day.

I mean, was it windy enough at the time that you had that bag that it was picking things up and hairs and other items were flying through the air?

No.

All right. When you first saw the Rockingham glove at the Rockingham location, did you notice any hair on it at that time?

The--

At Rockingham.

The Rockingham glove?

Yes.

I believe I did see some forms of either fibers or hair at that time.

All right. And did you do anything to remove it at that time?

No.

Now, you were also asked some questions regarding a videotape showing Miss Mazzola collecting some items at the crime scene. Do you recall that, the glove and the cap--the glove and the cap?

Yes.

Perhaps we could take a look at that. It's 1083.

Can we see the first portion of that? Maybe we can stop for a second. Can we just back up for just a few frames? Yeah, there.

Now, Mr. Fung, what is Miss Mazzola doing in this frame?

Miss Mazzola is placing the knit cap in a paper bag.

And does it--

Excuse me. It's 13:15:41:12.

Yeah. Does it appear to you that she is holding it from a corner of the cap without getting her--much of her hand on the item?

She's holding it at the tip, yes.

And why is that done?

She's holding it so that very little--she comes into very--a very small area of contact.

And then she simply places it in the bag?

Yes.

No.

All right. Let's continue with the tape. Maybe we can just back up for a second just to get the point just before she dropped it in the bag. And similarly, how is Miss Mazzola handling the glove in this particular frame?

She--

13:52:23, and I can't read the last two. Is it 25?

She's holding a very small portion of the glove and placing it into the paper bag.

And that's done for the same reason?

Yes.

And is it again necessary to have four years of forensic science training to figure that--this technique out?

No.

All right. Now, when she was lifting up this item, based upon your recollections of the crime scene itself, which area is she removing the glove from?

Based on my recollection, she's removing it from the dirt area.

And is that where the glove was when you first saw it?

Yes.

All right. We can continue with this and just finish it. That's fine. Thank you.

Now, sir, did you have an opportunity to take a careful look at the Defense video that depicts what appears to be a dark spot in the area of the white blanket that was on the ground?

Objection to the characterization.

Sustained. Rephrase the question.

That appears to be some sort of a dark area on the--

Still objection. Characterization.

Overruled.

Yes.

All right. And did you also have the opportunity to view a tape that was created by the People showing that same footage and intersplicing still photography?

Yes.

Your Honor, at this--I don't know if we've already marked that. We--as a Court exhibit.

I don't believe so.

I would like to mark that exhibit as our next in order.

192.

192.

People's 192.

Your Honor--Mr. Goldberg--

Out of an abundance of caution--I am informed this is the minute and a half. Can we look at it?

All right. Would you turn the monitor, Miss Clark. Thank you.

This has been shown.

All right. Mr. Scheck, have you had the opportunity to review that again?

Yes. It's fine.

Proceed. Thank you, counsel.

Can we see People's 192?

Now, sir, based upon the photographs, the still photography and the videography that was done at the crime scene as displayed in this exhibit and your own independent recollections, was that glove on the white blanket?

Your Honor, object to the form of this question. If he's being asked a question as an independent witness, I think it--there's no foundation laid for his competency with respect to photography. If he's being asked about his independent recollection, I have no objection.

Objection, your Honor. This is a speaking objection.

So I think the question is compound.

Sustained. Rephrase the question.

Sir, based upon reviewing the videotapes, was the glove--the ones that we just showed, was the glove on the white blanket?

Based on the videotape and the pictures, the--and not from my memory.

Yes.

Then, your Honor, move to strike.

Overruled.

And now if you add your memory to the equation, was it on the blanket?

No.

Okay.

I just want to see a portion of this again where he's laying down the cards, the beginning.

Okay. Now, sir, what are you doing right there in that picture? We don't have a frame number, but--

I am placing the identification tag for the hat on the walkway area.

Okay. So that is for the hat?

Yes.

What photo id number is on the card that's in your hand on this photograph?

Your Honor, if he's asking--is that question directed to what he can read on the video?

No. It's not directed to what he can read.

It's from your own independent recollection and your notes, can you tell us?

Are you referring to his notes?

Yes.

From your notes, can you tell us that, sir?

From my notes, referring to my notes, that would be 103.

And that's the photo id number for what?

That would be the photo id for the hat in item no. 38.

Okay. Now, where are you placing this card down? Is it on--where does it actually land?

It's very close to the yellow post on the walkway area.

Your Honor, perhaps for the record, I could just describe this photograph since we don't have a--

Okay.

--a counter on it. It's a photograph that appears to depict the--

Well, your Honor, maybe we can just print it out. I think that's the best way to do it rather than--

Okay. That's fine. I agree.

Thank you.

All right. Mr. Fairtlough, do we have that captured?

Yes, your Honor.

Proceed.

Okay, sir. Now I would like to show you--well, when you're putting this card down, the one that we've just--on the picture we just printed out, is that--where is that in relationship to the darkened area that's in question?

That would be west of the darkened area.

Which is towards?

Towards the street or towards the camera.

Towards the camera. Okay.

All right. That's fine. Sir, I would now like to show you a couple of still photographs. First let's look at People's 56-H for identification. Okay. What does that show, sir?

That depicts the glove and the photo id card no. 102.

What number is this?

This is 56-H.

And is that where you put down the card for the glove?

Yes.

All right. Now let's take a look at People's 192-A.

Okay. I would like to mark as People's next in order 193, which is also a photograph of this same general area.

Apparently it's going to take a second to pull this up.

Okay. And what is--

Now, this is a similar photograph to 56-H, sir?

Yes.

The one that we saw just before this.

Yes.

And what is it that's in the foreground just before the card 102?

There appears to be a bloody area with leaves present.

Okay. Now let's see People's 179. Now, sir, do you see that same leafy area that we just saw in photograph no. 193 in this photograph 179?

Yes.

And where is that?

If you look at the identification card 102 and you go down from it, it's that area there (Indicating) Before--oh, go ahead.

Okay. Fine. Now, on this particular photograph, is the card that you were laying down in the video present?

No.

So this was taken before you laid that card down?

Yes.

And do you know when in reference to laying the card down the still photography was done of this area?

The photographer was taking the photographs as I was putting the cards down.

And could you see that in one of the videos?

Yes.

I just need one more photograph. Okay. Perhaps we could for the record just have him circle the area that he's referring to, the leafy area and print that out.

Yes.

Are we having point maker problems here?

Yes, your Honor. We are able to achieve a black color, but no others. You notice the dark part of the screen.

Yes. Are you having maneuvering problems here?

Can we put an arrow on it instead?

Yes. It's very dark.

Can you make an up arrow? That would be better. Okay. More to your left. Up, more, more, more, there (Indicating).

It's captured.

Proceed.

Okay. Now, can we now see People's 180 for identification? Oh, hold on. I just want to ask one more question while 179 is on here. On 179, when would this be chronologically with respect to the video?

This would be before the segment of the video was.

Okay. And you know that why?

I know that because the card for 103 is not placed down yet.

And that's what you were doing in the video?

Yes.

Now can we see People's 180 for identification?

We're going to have to use the elmo. The bar codes aren't working.

Okay. Directing your attention, sir, to People's 180, do you see the card no. 10--well, you could see it a few seconds ago. Okay. Do you see the card for no. 103?

Yes.

And where is that?

There's three cards present, and it's the one to the very right.

And the leafy clump, is that still in the same location that it was in the previous photograph 179?

Yes.

And the glove?

Yes.

So this would represent a photo that was taken shortly after the videotape?

Objection. Leading.

Sustained.

When was this photograph taken, sir?

This would be after the videotape was taken.

All right. So if we could just skip--can we skip back between 179 and 180 or is that too much?

Okay. So 179 is before, Mr. Fung?

Yes.

And now let's skip back to 180. And 180 is after?

Yes.

And the glove is in the same location in both photos?

Yes.

And so is the leafy clump?

Yes.

Thank you. Now, when you got to the location at Bundy, did you know exactly what had happened in terms of any alteration of the location before you arrived?

No.

And when you filled out the crime scene identification checklist form that's Defense 1081--

If I might approach the witness for just one moment and I can put it on--

You may.

Your Honor, I'm going to object unless it's clear that--

Hold on. What's the ground?

Ground is that he's asking--

Legal ground. There are two--

Legal ground is that the question is vague. He said "You." Is he using that in the singular or the plural?

Sustained. Rephrase the question.

Okay. May I approach the witness to just show him the crime scene identification checklist?

You may.

Sir, showing you this item, do you recognize that?

Yes.

And is that part of the crime scene identification checklist?

Yes.

Now, on that document, there's a question mark in the area that says, "Has the crime scene been altered." Did you see that?

Yes.

Now, did you put that question mark there or did Miss Mazzola?

Miss Mazzola did.

Did you know whether the crime scene had been altered before you arrived?

Okay. And you assumed that when she was murdered, it wasn't on that Coroner's plastic bag?

Yes.

Now, was it your job as a criminalist to start interviewing witnesses for the purposes of determining what the crime scene was like when they arrived?

No.

Whose job is that?

That is the investigating officer, officers' job, the detectives.

All right. Now, when you--when the crime scene investigation checklist was being filled out, the portion that lists the--that's fine--the portion that lists the item numbers or the photograph numbers and the measurements--

Yes.

--did you do that or did Miss Mazzola do it or was it a combination of both at this location?

It was a combination of both, but she did the majority of it.

Of the handwriting?

Yes.

When that was being done, when you were doing the measurements, were you working together?

Yes.

And were those parts of the crime scene identification checklist relating to the measurements and the item numbers filled out as you were investigating the crime scene?

Yes.

Now, I would like to ask you about the rear gate stain that you recovered on July the 3rd of 1994.

Yes.

Sir, do you know--did you see that stain from your own independent recollection on the 13th?

I don't recall seeing it on the 13th.

Okay. And is it your--do you--is it your understanding of the People's position that the stain was there on the 13th?

Objection, your Honor.

Sustained.

Can I be heard, your Honor, because it goes to state of mind?

At the sidebar.

Thank you.