Cross-examination of Dennis Fung (part 6)

📄 Cross-examination of Dennis Fung (part 6) — Monday, April 17, 1995

Address:

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

TRIAL

▲ Day 58 of 167

◀ Back on record Sidebar: phenolphthalein procedures ▶

Witness: Dennis Fung
Examiner: Hank Goldberg
Called by: Defense • Date: Monday, April 17, 1995 • Utterances: 255

Goldberg conducts redirect examination of Dennis Fung, rehabilitating him on several contested points from cross-examination: the partial shoeprint in the Bronco, the scoop technique used to repackage item no. 10, the Bronco exterior stains visible on June 14th, and the timing of analyzed evidence reports. A notable moment occurs when Fung candidly admits he only understood that Scheck's Fuhrman questions were aimed at attacking Fuhrman's credibility during the cross-examination itself, prompting Goldberg to directly ask whether Fung ever considered modifying his testimony to help Fuhrman.

# 1 THE COURT:

Thank you, ladies and gentlemen. Please be seated. All right. The record should reflect that we've now been rejoined by all the members of our jury panel. Mr. Dennis Fung is again on the witness stand undergoing redirect examination by Mr. Goldberg. Mr. Goldberg, you may continue.

# 2 MR. GOLDBERG:

Thank you, your Honor. Just before the break, I wanted to mark two more exhibits. As People's 195-A, it's a shot of the interior of the Bronco from the outside.

# 3 THE COURT:

All right. Photograph, Bronco interior from exterior.

# 4 (Peo's 195-A for id = photograph)

# 5 MR. GOLDBERG:

And 195-B.

# 6 THE COURT:

One 195-B.

# 7 MR. GOLDBERG:

Which is a close-in version of the interior of the carpet.

# 8 THE COURT:

All right.

# 9 MR. GOLDBERG:

Depicting item 33.

# 10 THE COURT:

So marked.

# 11 (Peo's 195-B for id = photograph)

# 12 THE COURT:

You may proceed.

# 13 MR. GOLDBERG:

Sir, showing you what's first been marked as 195-A for identification, does this give a perspective shot of the area where the partial shoeprint was located?

# 14 MR. FUNG:

It--

# 15 MR. GOLDBERG:

In other words, does it show the area?

# 16 MR. FUNG:

The area is included in that ar--photograph, yes.

# 17 MR. GOLDBERG:

Where in reference to where the light is shining of the flashlight is the area that you found this partial shoeprint? In that area or--

# 18 MR. FUNG:

In that area which is left of the identification marker.

# 19 MR. GOLDBERG:

Okay. And now if we could see 195-B.

# 20 MR. GOLDBERG:

Is 195-B a closer-in shot?

# 21 MR. FUNG:

Yes.

# 22 MR. GOLDBERG:

And can you see the area, point out the area for us where you saw what appears to be a partial shoeprint?

# 23 MR. FUNG:

The--you can't see it very well in this photograph, but if you see the rubber mat area, in the upper left-hand corner of the rubber, there's some darkened area, stained area.

# 24 MR. GOLDBERG:

Maybe we can use the arrows to point to it.

# 25 MR. FUNG:

Little bit more to the left. Down a little bit. That's the general area (Indicating).

# 26 MR. GOLDBERG:

Okay. Maybe we can print that out and mark that as 195-B, your Honor.

# 27 THE COURT:

How about 195--

# 28 MR. GOLDBERG:

# 29 (Peo's 195-C for id = printout)

# 30 MR. GOLDBERG:

Now, sir, is there any reason why if the shoeprints at the Bundy location had faded out, there might be a partial shoeprint inside the Bronco?

# 31 MR. SCHECK:

Objection. Calls for speculation.

# 32 THE COURT:

Foundation. Sustained.

# 33 MR. GOLDBERG:

Is there any difference between concrete and carpet in terms of its ability to absorb blood?

# 34 MR. FUNG:

There can be, yes.

# 35 MR. GOLDBERG:

What?

# 36 MR. FUNG:

Depending on the--if it's thick carpet or close carpet, there may be a difference in the ability for the absorbity I guess.

# 37 MR. GOLDBERG:

And would you expect more absorption on this carpet if the foot was resting on it for a period of time than someone walking across concrete?

# 38 MR. SCHECK:

Speculation. Objection.

# 39 THE COURT:

Sustained.

# 40 MR. GOLDBERG:

Okay. Would you expect more absorption on this type of carpet than on concrete in general?

# 41 MR. FUNG:

I believe that the carpet would be able to get areas in the crevices of the sole where concrete would not be able to get to and it would then show up on the concrete.

KEY QUOTE

# 42 MR. GOLDBERG:

Okay. Thank you. And when you were actually looking at that area with the naked eye that we just saw in the photograph, was it also extremely faint even to the naked eye?

# 43 MR. FUNG:

It was faint, yes.

# 44 MR. GOLDBERG:

And faded?

# 45 MR. FUNG:

Yes.

# 46 MR. GOLDBERG:

Would it surprise you, sir, if by the time the Defendant got back to Rockingham, there was nothing there at all?

# 47 MR. SCHECK:

Objection to this form of questioning. I would ask that the District Attorney cease.

# 48 THE COURT:

Sustained. Rephrase the question.

# 49 MR. GOLDBERG:

If you assume that a assailant got into the Bronco and caused that stain that you just described, would it surprise you if there was nothing left at all by the time you got back to Rockingham?

# 50 MR. SCHECK:

Objection. Calls for speculation at this point.

# 51 THE COURT:

Overruled.

# 52 MR. FUNG:

It would not surprise me.

# 53 MR. GOLDBERG:

Now, when you were at the Rockingham location, you saw a pair of socks in the master bedroom?

# 54 MR. FUNG:

Yes.

# 55 MR. GOLDBERG:

And can you tell us whether you collected those between the collection of item 12 and item 14 by looking at your crime scene identification checklist?

# 56 MR. FUNG:

It was collected within that time frame. I don't know if it was collected in-between those two times though.

# 57 MR. GOLDBERG:

What are the two time frames? What is the time frame for 12?

# 58 MR. FUNG:

The time frame is 4:30.

# 59 MR. GOLDBERG:

And that was the stain in the foyer?

# 60 MR. FUNG:

Yes.

# 61 MR. GOLDBERG:

And what is the time for 14?

# 62 MR. FUNG:

The time frame for 14 is 4:40.

# 63 MR. GOLDBERG:

And that was the stain in the master bathroom?

# 64 MR. FUNG:

Yes.

# 65 MR. GOLDBERG:

Now, on cross-examination, you said that the socks appeared out of place. What did you mean by that?

# 66 MR. FUNG:

It looked like they didn't belong there.

# 67 MR. GOLDBERG:

Were there any shoes there or other clothing or pants as if someone had undressed all of their clothing in that area?

# 68 MR. FUNG:

Not in that area, no.

# 69 MR. GOLDBERG:

Did that cause you to believe that it was out of place?

# 70 MR. FUNG:

Yes.

# 71 MR. GOLDBERG:

And did you phenolphtalein the socks?

# 72 MR. FUNG:

No.

# 73 MR. GOLDBERG:

Did you do any close visual examination of the socks when you picked them up?

# 74 MR. FUNG:

No. Not a close one.

# 75 MR. GOLDBERG:

Now, just--I just want to make sure I understood your testimony. Do you know whether you collected--whether you collected 13 in between 12 and 14?

# 76 MR. SCHECK:

Objection. Asked and answered.

# 77 THE COURT:

Overruled.

# 78 MR. FUNG:

Oh, I can answer? I'm sorry.

# 79 THE COURT:

You can answer.

# 80 MR. FUNG:

I--I know it was in that time frame, but I don't specifically recall or can I tell from the notes if they were.

# 81 MR. GOLDBERG:

For sure?

# 82 MR. FUNG:

For sure.

# 83 MR. GOLDBERG:

But it was in that general time frame?

# 84 MR. FUNG:

Yes.

# 85 MR. GOLDBERG:

Now, with respect to the socks, if there were light specks of blood that had been spattered on the socks, would you expect those to flake off?

# 86 MR. FUNG:

I wouldn't expect them to, no.

# 87 MR. GOLDBERG:

Did you see any blood that appeared to be caked onto the socks at any time?

# 88 MR. FUNG:

No.

# 89 MR. GOLDBERG:

And if the socks were wet at the time that they were taken off, would you expect any blood to fall off, crusted blood?

# 90 MR. FUNG:

If the socks were wet?

# 91 MR. GOLDBERG:

Yes, when they were taken off.

# 92 MR. FUNG:

I wouldn't expect it, no.

# 93 MR. GOLDBERG:

Now, you said that when you saw Detective Fuhrman collect item no. 10, that you couldn't recall exactly what technique he used. Do you recall?

# 94 MR. FUNG:

That's correct.

# 95 MR. GOLDBERG:

And you were asked a series of questions to whether or not it was even possible to use the scoop technique for that item.

# 96 MR. FUNG:

That's correct.

# 97 MR. GOLDBERG:

When you repackaged item no. 10 on the witness stand, how did you do that?

# 98 MR. FUNG:

I used the scoop technique.

# 99 MR. GOLDBERG:

Your Honor, at this time, I would like to mark a portion of the trial transcript as recorded on the cameras as 196 for identification.

# 100 THE COURT:

Is this a transcript or videotape?

# 101 MR. GOLDBERG:

Well, it's a videotape.

# 102 MR. SCHECK:

He haven't seen it, but I think it's the video.

# 103 MR. GOLDBERG:

I thought we showed it to counsel.

# 104 THE COURT:

All right. This would be People's 196?

# 105 MR. GOLDBERG:

196.

# 106 (Peo's 196 for id = videotape)

# 107 (At 3:00 P.M., People's exhibit 196, a videotape, was played.)

# 108 MR. GOLDBERG:

And what did you just do in People's 196, this video clip, with item no. 10?

# 109 MR. FUNG:

I held the envelope in my left hand and using the scissors, I pushed the plastic bag into the coin envelope.

# 110 MR. GOLDBERG:

Is that a scoop technique?

# 111 MR. FUNG:

Yes.

# 112 (At 3:01 P.M., the playing of the videotape concluded.)

# 113 MR. GOLDBERG:

Now, getting back to the Bronco, did you actually conduct any search of the interior of the Bronco on June the 13th?

# 114 MR. FUNG:

I looked in the interior from the outside, but I never went inside the Bronco.

# 115 MR. GOLDBERG:

And was it locked when you saw it on the 13th?

# 116 MR. FUNG:

Yes.

# 117 MR. GOLDBERG:

Now, you said that you saw a stain on the outside of the Bronco on the door handle?

# 118 MR. FUNG:

Yes.

# 119 MR. GOLDBERG:

On the 13th?

# 120 MR. FUNG:

Yes.

# 121 MR. GOLDBERG:

Did you see any other stains that you recall of your independent recollection on the 13th outside?

# 122 MR. FUNG:

On the outside? No.

# 123 MR. GOLDBERG:

All right. Now, you were asked a series of questions about Detective Fuhrman's testimony. Do you know what the significance if any is of additional stains outside the Bronco?

# 124 MR. FUNG:

I do now.

# 125 MR. GOLDBERG:

Well, when did you figure that out?

# 126 MR. FUNG:

During Mr. Scheck's cross-examination.

# 127 MR. GOLDBERG:

And what did you gather from Mr. Scheck's cross-examination?

# 128 MR. FUNG:

That Detective Fuhrman's credibility was what the line of questioning was directed towards.

KEY QUOTE

# 129 MR. GOLDBERG:

All right. Did you ever consider modifying your testimony in any way to help out Detective Fuhrman or any other witness with respect to what you saw on the 13th?

KEY QUOTE

# 130 MR. FUNG:

No.

# 131 MR. GOLDBERG:

Did you see stains on the 14th in the area of the--what we have referred to I believe as the running board or the lower portion of the doorjamb?

# 132 MR. FUNG:

I did see some stains on the 14th.

# 133 MR. GOLDBERG:

Sir, I would like to show you what's been marked as Defense exhibit 1098 for identification.

# 134 MR. FUNG:

Yes.

# 135 MR. GOLDBERG:

You said that that exhibit was washed out. What did you mean by that?

# 136 MR. FUNG:

The picture didn't show much detail in it and it appeared that there was extra lighting or the lighting was adjusted towards the interior of the vehicle and the white portion of the picture had too much light to show any detail.

# 137 MR. GOLDBERG:

And could you actually see any stains in that picture that you were referring to that you saw on the 14th?

# 138 MR. FUNG:

I couldn't--I couldn't see them, no.

# 139 MR. GOLDBERG:

So how did you place that arrow?

# 140 MR. FUNG:

I placed it by memory.

# 141 MR. GOLDBERG:

All right. Now, I would like to mark as our next exhibit 197 for identification what appears to be another picture of the interior of the Bronco.

# 142 (Brief pause.)

# 143 THE COURT:

All right. 197.

# 144 (Peo's 197 for id = photograph)

# 145 MR. SCHECK:

Excuse me. May I approach?

# 146 THE COURT:

You may. Mr. Goldberg.

# 147 MR. GOLDBERG:

Thank you. Can we see that? Thanks. Let's just see--can we just see one that's a--that's a view of the whole photograph first?

# 148 MR. GOLDBERG:

Okay. Sir, what does this depict?

# 149 MR. FUNG:

This depicts the same area. It's the running board of the front driver door of the Bronco.

# 150 MR. GOLDBERG:

Okay. And now can we zoom in on the running board area? Maybe just go back a little bit. Okay. That's fine.

# 151 MR. GOLDBERG:

Now, Mr. Fung, can you see any of the stains depicted there that you were referring to that you saw on the 14th?

# 152 MR. FUNG:

Yes.

# 153 MR. GOLDBERG:

And this photograph that we're looking at now, is this one that you caused to be taken on the 14th?

# 154 MR. FUNG:

Yes.

# 155 MR. GOLDBERG:

Maybe using the telestrator, we can mark--well, first of all, how many stains do you see?

# 156 MR. FUNG:

There are, depending on how you count stains, one, two, three, four.

# 157 MR. GOLDBERG:

All right. Let's see if we can mark all four of them.

# 158 MR. FUNG:

Okay. Up and to your left. Right there. There's two of them there (Indicating).

# 159 MR. GOLDBERG:

Well, let's just have one marked with the two or let's circle the two of those. Now, sir, when the door is closed, if you know, is it possible to see those two?

# 160 MR. FUNG:

I don't believe it's possible to see those when the door's closed.

# 161 MR. GOLDBERG:

Now let's mark the next stain.

# 162 MR. FUNG:

From that circle there, if you go in a 7 o'clock direction, there's a small blip right there and it's to the left of that (Indicating). Yes.

# 163 MR. GOLDBERG:

So these would be three of the four stains that you're referring to?

# 164 MR. FUNG:

Yes.

# 165 MR. GOLDBERG:

And what about the one that we've just marked that's below the two stains? Is it possible to see that when the door's closed?

# 166 MR. FUNG:

Yes.

# 167 MR. GOLDBERG:

Now let's go to the third--the fourth stain.

# 168 MR. FUNG:

The fourth area is back towards the right and down and there's a smear that's fairly elongated along that ridge. That's the general area (Indicating).

# 169 MR. GOLDBERG:

Can we print out this document?

# 170 (Discussion held off the record between the Deputy District Attorneys.)

# 171 MR. GOLDBERG:

Can we mark this 197-A, your Honor?

# 172 THE COURT:

197-A.

# 173 (Peo's 197-A for id = printout)

# 174 MR. GOLDBERG:

Now, sir, were any of these stains stains that you tested later on in July?

# 175 MR. FUNG:

Yes.

# 176 MR. GOLDBERG:

Which one?

# 177 MR. FUNG:

The circle--the stain circled to the bottom left is the--is the one I believe I tested with--for--with phenolphtalein.

# 178 MR. GOLDBERG:

Okay. And what about--the other two then were not tested in July?

# 179 MR. FUNG:

No.

# 180 MR. SCHECK:

Could we have that marked, your Honor, in some fashion?

# 181 MR. GOLDBERG:

Perhaps we could put--

# 182 THE COURT:

Hold on.

# 183 MR. SCHECK:

The one that--

# 184 MR. GOLDBERG:

Maybe we could put the date of July 7, 90--can you write that, 7-94?

# 185 MR. GOLDBERG:

You're talking about the stain you said was in the 7 o'clock position from--

# 186 MR. FUNG:

Yes.

# 187 MR. GOLDBERG:

--the first--

# 188 MR. FUNG:

That one there (Indicating).

# 189 MR. FAIRTLOUGH:

What date? 7--

# 190 MR. GOLDBERG:

94.

# 191 (Discussion held off the record between the Deputy District Attorneys.)

# 192 MR. GOLDBERG:

Perhaps we can mark this as People's 197-B.

# 193 THE COURT:

Yes. 197-B.

# 194 (Peo's 197-B for id = photograph)

# 195 MR. GOLDBERG:

Your Honor, I would like to mark as 198, People's 198 an exhibit that's entitled analyzed evidence report dated 7-7-94.

# 196 THE COURT:

All right. Analyzed evidence report.

# 197 (Peo's 198 for id = analyzed evd report)

# 198 MR. SCHECK:

Your Honor--are you offering this? I would ask the whole document be offered. Mischaracterizing it dated as 7-7-94.

# 199 MR. GOLDBERG:

I don't understand--

# 200 THE COURT:

All right. Would you show Mr. Scheck the item?

# 201 (Discussion held off the record between Defense counsel.)

# 202 (Discussion held off the record between the Deputy District Attorneys.)

# 203 MR. GOLDBERG:

May I approach the witness?

# 204 THE COURT:

Yes, you may.

# 205 MR. GOLDBERG:

Sir, I would just like you to take a look at People's 198 for identification and tell us what that is.

# 206 MR. FUNG:

This is a analyzed evidence report that I wrote concerning the detection of blood on the exterior portion of the Bronco.

# 207 MR. GOLDBERG:

Do you know which date it was that you did the phenolphtalein test on the Bronco that was related in this report?

# 208 MR. FUNG:

Was on the 6th.

# 209 MR. GOLDBERG:

Okay. Now, sir, is it your practice--it was what? What was the date of the test?

# 210 MR. FUNG:

According to this, it was July 6th.

# 211 MR. GOLDBERG:

Okay. Now, do you have an independent recollection of that or is it just the report?

# 212 MR. FUNG:

That's the report.

# 213 MR. GOLDBERG:

All right. Now, is it always your practice when you do a phenolphtalein test to write an analyzed evidence report the same day?

# 214 MR. FUNG:

No.

# 215 MR. GOLDBERG:

Is it always your practice to write it the same week necessarily?

# 216 MR. FUNG:

Not necessarily.

# 217 MR. GOLDBERG:

Is it always your practice to write an analyzed evidence report when you do a phenolphtalein test?

# 218 MR. FUNG:

No, it is not.

# 219 MR. GOLDBERG:

In fact, did you do some--excuse me. Were some phenolphtalein tests done on the Bronco on the 13th on the brake pedals in your presence?

# 220 MR. FUNG:

On the 14th.

# 221 MR. GOLDBERG:

On the 14th. Excuse me.

# 222 MR. FUNG:

Yes.

# 223 MR. GOLDBERG:

And who did that?

# 224 MR. FUNG:

That was done by criminalist Mazzola.

# 225 MR. GOLDBERG:

And is that the same phenolphtalein test that you described to us earlier in your testimony?

# 226 MR. FUNG:

Yes.

# 227 MR. GOLDBERG:

What were the results of the phenolphtalein tests on the brake pedals?

# 228 MR. FUNG:

The--they came back positive for the presence of blood.

# 229 MR. GOLDBERG:

And how many pedals did she do?

# 230 MR. FUNG:

She did all three.

# 231 MR. GOLDBERG:

Did you or criminalist Mazzola collect any stains or take any swatches from those brake pedals?

# 232 MR. FUNG:

No.

# 233 MR. GOLDBERG:

So you did not collect any evidence on those?

# 234 MR. FUNG:

That's correct.

# 235 MR. GOLDBERG:

Is it all--is it your practice to always collect evidence when you get a positive phenolphtalein result?

# 236 MR. FUNG:

No.

# 237 MR. GOLDBERG:

Now, did you also do some phenolphtalein testing on a Bentley vehicle?

# 238 MR. FUNG:

Yes.

# 239 MR. GOLDBERG:

At this time, I would like to mark as People's 199 for identification another analyzed evidence report on a black Bentley.

# 240 THE COURT:

199.

# 241 (Peo's 199 for id = analyzed evd report)

# 242 MR. GOLDBERG:

Sir, directing your attention to People's 199--it's a two-page document, your Honor--for identification, what is that?

# 243 MR. FUNG:

This is a analyzed evidence report that I wrote concerning the search for blood in the black Bentley.

# 244 MR. GOLDBERG:

When did you first see the black Bentley?

# 245 MR. FUNG:

I first saw the Bentley on June 13th.

# 246 MR. GOLDBERG:

And when did you actually do the phenolphtalein testing that's related in the report?

# 247 MR. FUNG:

That was done on June 30th.

# 248 MR. GOLDBERG:

When did you write the report?

# 249 MR. FUNG:

I wrote the report on October 6th.

KEY QUOTE

# 250 MR. GOLDBERG:

Okay. And did the report indicate that in the various areas that you tested for blood that you did not find any?

# 251 MR. FUNG:

Yes.

# 252 MR. GOLDBERG:

All right. So is this consistent with your custom and your practice that you do not necessarily write an analyzed evidence report contemporaneously or immediately after the phenolphtalein testing?

# 253 MR. FUNG:

That's correct.

# 254 MR. GOLDBERG:

Your Honor, could we approach for one moment before I ask my next few questions?

# 255 THE COURT:

Yes, with the Court reporter, please.

Temperature

procedural

Key Quotes (4)

Dennis Fung

That Detective Fuhrman's credibility was what the line of questioning was directed towards.

Fung's candid admission that he only understood the strategic purpose of Scheck's Fuhrman cross-examination while it was happening — underscoring how transparent the defense's impeachment strategy was.

Hank Goldberg

Did you ever consider modifying your testimony in any way to help out Detective Fuhrman or any other witness with respect to what you saw on the 13th?

Goldberg preemptively addresses any suggestion that Fung's testimony was coordinated with Fuhrman's; Fung answers flatly 'No.'

Dennis Fung

The carpet would be able to get areas in the crevices of the sole where concrete would not be able to get to and it would then show up on the concrete.

Fung explains why a partial bloody shoeprint might survive in Bronco carpet even if Bundy sidewalk prints faded — supporting the prosecution's theory of transfer.

Dennis Fung

I wrote the report on October 6th.

Fung discloses he wrote the Bentley analyzed evidence report months after the June 30th phenolphtalein testing, establishing that delayed report-writing was his normal practice — relevant to defense challenges about report timing on other items.

Evidence (10)

People's 195-A

Photograph of Bronco interior viewed from exterior

introduced, used to show area of partial shoeprint

People's 195-B

Close-up photograph of Bronco carpet depicting item 33

introduced, Fung identifies darkened area as partial shoeprint location

People's 195-C

Printout of 195-B with telestrator arrow marking shoeprint area

introduced

People's 196

Videotape of Fung repackaging item no. 10 on the witness stand using scoop technique

played in court, used to rehabilitate Fung on collection method

Defense 1098

Photograph of Bronco running board/doorjamb area, described by Fung as 'washed out' with insufficient detail

discussed; Fung explains he placed the arrow from memory because stains were not visible in the photo

People's 197

Prosecution photograph of Bronco front driver door running board taken on June 14th

introduced; Fung identifies four stains

+ 4 more

Notable Exchanges (3)

Hank Goldberg•Dennis Fung

Goldberg asks Fung when he realized that Scheck's questions about Bronco stains were aimed at Fuhrman's credibility. Fung answers 'during Mr. Scheck's cross-examination,' then Goldberg asks directly whether Fung ever considered adjusting his testimony to help Fuhrman. Fung says no.

strategic

Hank Goldberg•Dennis Fung

Goldberg plays People's 196, a videotape of Fung repackaging item no. 10 on the witness stand, to demonstrate the scoop technique was in fact used — rebutting cross-examination suggestions that it was impossible.

rehabilitative

Hank Goldberg•Dennis Fung

Goldberg walks Fung through the Bentley analyzed evidence report, establishing that Fung wrote it on October 6th for tests done June 30th — normalizing the prosecution's practice of delayed report writing.

procedural

Credibility Attacks (2)

⚔ Dennis Fung

rehabilitation of prior cross-examination damage

Goldberg uses videotape (People's 196) to affirmatively demonstrate that Fung used the scoop technique when repackaging item no. 10, countering Scheck's cross-examination suggestions that the technique may not have been used

⚔ Mark Fuhrman

indirect — prosecution pre-emption

Goldberg elicits from Fung that he understood Scheck's cross-examination was aimed at Fuhrman's credibility, then asks Fung to confirm he did not consider adjusting his own testimony to protect Fuhrman — insulating Fung from any appearance of coordination with a compromised witness

Witness Demeanor

Fung is cooperative and methodical; no stage directions indicate distress or strong emotion

Momentarily confused about whether he could answer after an overruled objection: 'Oh, I can answer? I'm sorry.'

Objections

5 objections (3 sustained, 2 overruled)

Proceeding 5730 • 255 utterances • Defense witness

Criminal Trial

Department 103