Cross-examination of Dennis Fung (part 3)

📄 Cross-examination of Dennis Fung (part 3) — Monday, April 17, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\17\CROSS-EXAMINATION-OF-DENNIS-FU.DOC

TRIAL

▲ Day 58 of 167

Witness: Dennis Fung
Examiner: Hank Goldberg
Called by: Defense • Date: Monday, April 17, 1995 • Lines: 46

Goldberg uses redirect to rehabilitate Fung on two fronts: first, Fung twice denies ever considering changing his testimony to help the People; then, Fung says changing gloves between samples is not required and that Dr. Henry Lee's materials do not mention such a requirement. Fung separately testifies that he interprets Dr. Saferstein's book to permit plastic as intermediate transport packaging but not final packaging. The examination ends at a bench conference after Scheck objects and moves to strike when Fung begins citing a recent interview to support that interpretation.

# 1 THE COURT:

Thank you, counsel. Proceed.

# 2 MR. GOLDBERG:

Sir, did you ever--did you ever at any time consider--even consider changing your testimony to say that you did see it on the 13th--

# 3 MR. FUNG:

No.

# 4 MR. GOLDBERG:

--to help the People?

# 5 MR. FUNG:

No.

# 6 MR. GOLDBERG:

All right. I'd just like to ask a couple more questions about the collection process of the blood at Bundy. When you were observing Miss Mazzola, was she changing gloves in-between samples that you could see?

# 7 MR. FUNG:

I don't recall her changing gloves on purpose between every sample.

KEY QUOTE

# 8 MR. GOLDBERG:

Okay. Is that something that is required?

# 9 MR. FUNG:

No, it's not.

# 10 MR. GOLDBERG:

Now, sir, have you read a number of authors in the area of criminalistics on the subject of collection of blood?

# 11 MR. FUNG:

I've read some, yes.

# 12 MR. GOLDBERG:

And did you look at the materials that were written by Dr. Henry Lee, a leading advocate of using DNA technology in criminal cases?

# 13 MR. SCHECK:

Objection.

# 14 THE COURT:

Sustained. Rephrase the question.

# 15 MR. GOLDBERG:

Did you read the materials that Dr. Lee wrote for the Federal Bureau of Investigation?

# 16 MR. FUNG:

Certain portions of it.

# 17 MR. GOLDBERG:

Department of justice. And is he a leading advocate of using DNA technology to your knowledge?

# 18 MR. SCHECK:

Objection.

# 19 THE COURT:

Sustained.

# 20 MR. GOLDBERG:

I didn't hear the grounds.

# 21 MR. SCHECK:

Argumentative. Move to strike.

# 22 THE COURT:

It's hearsay. Rephrase the question.

# 23 MR. GOLDBERG:

Okay. Is he considered to be a leading forensic expert?

# 24 MR. FUNG:

Yes.

# 25 MR. GOLDBERG:

And does he say in his materials that you have to change gloves between samples?

# 26 MR. FUNG:

He doesn't mention that.

KEY QUOTE

# 27 MR. GOLDBERG:

Did you also read Mr. Saferstein's or Dr. Saferstein's book, the portions of his book dealing with collection of biological evidence stains?

# 28 MR. FUNG:

Portions of it, yes.

# 29 MR. GOLDBERG:

And you said that your interpretation of Dr. Saferstein was that you could not use plastic as a final packaging material; is that correct?

# 30 MR. FUNG:

Yes.

# 31 MR. GOLDBERG:

But you could use it as an intermediate one to transport to the lab?

# 32 MR. FUNG:

Yes.

# 33 MR. GOLDBERG:

How do you know--why do you believe that that interpretation is correct?

# 34 MR. SCHECK:

Objection.

# 35 THE COURT:

Overruled.

# 36 MR. SCHECK:

Well, your Honor, may we approach for a minute?

# 37 THE COURT:

Overruled. Overruled.

# 38 MR. SCHECK:

I think I--

# 39 THE COURT:

Overruled. Proceed.

# 40 MR. FUNG:

I recently saw an interview of--

# 41 MR. SCHECK:

Objection.

# 42 THE COURT:

All right.

# 43 MR. SCHECK:

Move to strike.

# 44 THE COURT:

Sustained.

# 45 MR. GOLDBERG:

May we approach?

# 46 THE COURT:

Yes, with the Court reporter.

Temperature

procedural

Key Quotes (3)

Dennis Fung

No.

Fung's flat denial — twice — that he ever considered altering his testimony to benefit the People, directly addressing Goldberg's integrity question.

Dennis Fung

He doesn't mention that.

Fung says Dr. Henry Lee is considered a leading forensic expert and that Lee's materials do not mention changing gloves between samples.

Dennis Fung

I don't recall her changing gloves on purpose between every sample.

Fung acknowledged that he did not recall Mazzola deliberately changing gloves between every sample and immediately testified that doing so was not required.

Evidence (2)

Informal

Dr. Henry Lee's materials written for the FBI/Department of Justice on DNA technology and evidence collection

discussed — Fung says Lee's materials do not mention changing gloves between samples

Informal

Dr. Richard Saferstein's book, portions addressing collection of biological evidence stains

discussed — Fung defends his interpretation that plastic is permissible as intermediate (transport) packaging but not final packaging

Notable Exchanges (3)

Hank Goldberg•Dennis Fung

Goldberg opens with a direct integrity question — did Fung ever consider changing his testimony to help the People? Fung answers 'No' twice without hesitation. Clean, simple rehabilitation.

strategic

Barry Scheck•Lance A. Ito

Scheck objects twice to Goldberg's attempts to characterize Dr. Lee as a 'leading advocate of DNA technology'; both objections are sustained, and Ito later says, 'It's hearsay.' On a later objection, Ito overrules Scheck; Scheck asks once to approach and begins an interrupted statement before Ito says, 'Overruled. Proceed.'

tense

Dennis Fung•Barry Scheck•Lance A. Ito

Fung begins to answer why he believes his plastic-packaging interpretation is correct by referencing 'an interview' he recently saw — Scheck immediately objects and moves to strike. Sustained. The examination ends with both sides heading to a bench conference.

revealing

Credibility Attacks (1)

⚔ Dennis Fung

rehabilitation / reverse impeachment

Goldberg preemptively addresses the defense's implicit suggestion that Fung's testimony was shaped by pro-prosecution bias, getting Fung to deny it directly.

Objections

5 objections (4 sustained, 1 overruled)

Proceeding 5739 • 46 lines • Defense witness

Criminal Trial

Department 103