Cross-examination of Dennis Fung (part 1)

📄 Cross-examination of Dennis Fung (part 1) — Tuesday, April 18, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\18\CROSS-EXAMINATION-OF-DENNIS-FU.DOC

TRIAL

▲ Day 59 of 167

◀ Noon recess Sidebar: evidence foundation ▶

Witness: Dennis Fung
Examiner: Hank Goldberg
Called by: Defense • Date: Tuesday, April 18, 1995 • Utterances: 167

Goldberg conducts further redirect examination of Dennis Fung, rehabilitating him after an extended and aggressive cross-examination by Scheck. Goldberg focuses on reaffirming Fung's honesty — that he never considered altering his testimony on key disputed points (rear gate stain, socks, Bronco blood, the Vannatter envelope) — and elicits Fung's admission that Scheck's aggressive questioning style made it harder to answer questions clearly.

# 1 MR. GOLDBERG:

Thank you, your Honor.

FURTHER REDIRECT EXAMINATION BY MR. GOLDBERG

# 2 MR. GOLDBERG:

Good afternoon, Mr. Fung.

# 3 MR. FUNG:

Good afternoon.

# 4 MR. GOLDBERG:

Ladies and gentlemen.

THE JURY: Good afternoon.

# 5 MR. GOLDBERG:

Mr. Fung, do you remember being asked some questions on recross about a videotape that was taken at the time of the search warrant?

# 6 MR. FUNG:

Yes.

# 7 MR. GOLDBERG:

And did you in fact have a chance to view that videotape?

# 8 MR. FUNG:

Yes.

# 9 MR. GOLDBERG:

And you said that that was when?

# 10 MR. FUNG:

I viewed the videotape before I started my testimony here.

# 11 MR. GOLDBERG:

Okay. So that videotape couldn't possibly have affected your testimony here, could it have, since you had already seen it?

# 12 MR. SCHECK:

Objection.

# 13 THE COURT:

Sustained. Rephrase the question.

# 14 MR. GOLDBERG:

Okay. Did you ever consider changing or altering your testimony in any way based upon seeing that videotape?

# 15 MR. FUNG:

No.

# 16 MR. GOLDBERG:

All right. Now, as to stain no. 12, the one that was downstairs in the foyer, do you recall, sir, whether you collected the downstairs items in the afternoon of the 13th prior to the upstairs items?

# 17 MR. FUNG:

We began downstairs.

# 18 MR. GOLDBERG:

Okay.

# 19 MR. FUNG:

And worked our way upstairs.

# 20 MR. GOLDBERG:

So that--in that case 12 would have been collected before 13?

# 21 MR. FUNG:

Yes.

# 22 MR. GOLDBERG:

And what time was 12 collected, approximately, according to the crime scene identification checklist?

# 23 MR. FUNG:

According to the checklist, it was collected at 4:30.

# 24 MR. GOLDBERG:

All right. And do you recall my asking you on recross whether you were sure about whether 13 was collected before 14?

# 25 MR. FUNG:

Yes.

# 26 MR. GOLDBERG:

Are you a hundred percent sure?

# 27 MR. FUNG:

Not a hundred percent sure, no.

# 28 MR. GOLDBERG:

Which one do you think was collected first?

# 29 MR. FUNG:

I think the socks and item 13 were collected first.

# 30 MR. GOLDBERG:

Before 14?

# 31 MR. FUNG:

Yes.

# 32 MR. GOLDBERG:

But you can't be a hundred percent sure?

# 33 MR. FUNG:

I'm not a hundred percent sure.

# 34 MR. GOLDBERG:

When was 14, the item in the bathroom, master bathroom, collected, that stain?

# 35 MR. FUNG:

That stain was collected around 4:40.

# 36 MR. GOLDBERG:

So you are saying, I believe, that the socks were collected after 4:30--well, between 4:30 and 4:40, approximately?

# 37 MR. FUNG:

In that general time frame, yes.

# 38 MR. GOLDBERG:

And as far as you are concerned, Mr. Fung, does it make the slightest bit of difference that you can figure out, when they were collected within that general time frame?

# 39 MR. FUNG:

No, it doesn't make any difference to me.

# 40 MR. GOLDBERG:

And would it make the slightest bit of difference, that you have been able to figure out, whether the socks had been collected at 4:38, 4:39 or slightly after 4:40?

# 41 MR. FUNG:

No.

# 42 MR. GOLDBERG:

Now, when you viewed the videotape that we were discussing, was there in fact a shot that depicted a portion of the patterned, I guess you would call it a throw rug, in the Defendant's master bedroom?

# 43 MR. FUNG:

Yes.

# 44 MR. GOLDBERG:

And did you view that and compare it to still photography?

# 45 MR. FUNG:

Yes.

# 46 MR. GOLDBERG:

Sir, was the area that the socks were collected from depicted in that scene?

# 47 MR. FUNG:

The area where the socks were located was blocked by the bed in the video camera shot.

# 48 MR. GOLDBERG:

Was the throw rug a patterned type rug?

# 49 MR. FUNG:

Yes, it was.

# 50 MR. GOLDBERG:

And did you look at the patterns on it when did you this comparison?

# 51 MR. FUNG:

Yes.

# 52 MR. GOLDBERG:

Now, sir, you were asked some questions about whether you made any inquiries of people at the scene regarding any alterations of the scene; is that correct?

# 53 MR. FUNG:

Yes.

# 54 MR. GOLDBERG:

Are you supposed to make any inquiries of anyone in terms of alterations?

# 55 MR. FUNG:

Yes.

# 56 MR. GOLDBERG:

Who is that?

# 57 MR. FUNG:

The--excuse me. The detective at the scene is who I make inquiries of.

# 58 MR. GOLDBERG:

The investigating officer?

# 59 MR. FUNG:

Yes.

# 60 MR. GOLDBERG:

Do you consider that to be a witness interview?

# 61 MR. FUNG:

No.

# 62 MR. GOLDBERG:

Are you generally aware that police officers and detectives do witness interviews and sometimes fill out witness interview forms in LAPD?

# 63 MR. SCHECK:

Objection, beyond the scope.

# 64 THE COURT:

Ground.

# 65 MR. SCHECK:

Beyond the scope.

# 66 THE COURT:

Overruled.

# 67 MR. FUNG:

Yes.

# 68 MR. GOLDBERG:

And in your entire career as a Criminalist, can you ever recall an occasion where you did that?

# 69 MR. FUNG:

I have never done that.

# 70 MR. GOLDBERG:

Where you have conducted a witness--what you would consider a witness interview?

# 71 MR. FUNG:

That's correct.

# 72 MR. GOLDBERG:

But you have made inquiries of detectives?

# 73 MR. FUNG:

Yes.

# 74 MR. GOLDBERG:

Sir, you were asked some questions regarding the scoop method that you demonstrated on item no. 10. Why did you use the scoop method on the witness stand for the purposes of repackaging it?

# 75 MR. FUNG:

The question came up whether it could be used or not, and I used it.

# 76 MR. GOLDBERG:

Now, sir, when you looked at the sales on that item on the witness stand when Mr. Scheck showed it to you this afternoon or this morning, rather, was there a red and yellow seal? Was there a yellow seal on it?

# 77 MR. FUNG:

There were yellow seals on it.

# 78 MR. GOLDBERG:

And is there a significance in LAPD to a yellow seal as opposed to a red seal?

# 79 MR. FUNG:

Yes.

# 80 MR. GOLDBERG:

What is that?

# 81 MR. FUNG:

A red seal is used by the person booking the evidence and the yellow seal is used by the analyst who performs some type of examination on the evidence.

# 82 MR. GOLDBERG:

So the yellow seal indicates that it was in fact examined?

# 83 MR. FUNG:

Yes.

# 84 MR. GOLDBERG:

And did you notice anything on the envelope, or on the item itself, which indicated that?

# 85 MR. FUNG:

Yes.

# 86 MR. GOLDBERG:

What?

# 87 MR. FUNG:

There were several initials on different portions of the plastic bag.

# 88 MR. GOLDBERG:

Okay. Now, sir, I want to ask you about the condition of that item when you first opened it up on the witness stand and saw it and distinguishing between the word "Crumbled" as in an item that is folded in on itself and kind of bunched together, and "Wrinkled," meaning an item that may be folded but has creases that are apparent in it. Was this--

# 89 MR. SCHECK:

Objection, vague.

# 90 MR. GOLDBERG:

I think--

# 91 MR. SCHECK:

Calls for speculation. Maybe--

# 92 THE COURT:

Well, this is not a big deal. I will allow the question. The jurors have seen the item. They saw how it came out, they saw how it went back in. They saw how it came out, they saw how it went back in. And they have seen the photograph of it at the crime scene.

# 93 MR. GOLDBERG:

Okay.

# 94 MR. GOLDBERG:

When you brought it out for the first time on the witness stand, was it crumbled?

# 95 MR. FUNG:

No.

# 96 MR. GOLDBERG:

Was it wrinkled as I have just used that term or defined it?

# 97 MR. FUNG:

There were wrinkles in it.

# 98 MR. GOLDBERG:

Okay. But was it folded?

# 99 MR. FUNG:

Yes.

# 100 MR. GOLDBERG:

Okay. Your Honor, I would like to read a portion from the preliminary--excuse me--from the trial transcript at page 22971, a portion of which has--was just read in in recross.

# 101 THE COURT:

All right. Give Mr. Scheck--

# 102 (Discussion held off the record between Deputy District Attorney and Defense counsel.)

# 103 MR. GOLDBERG:

That is 22971 starting at line 19 to 22972 starting--excuse me--ending on line 25.

# 104 MR. GOLDBERG:

Sir, at the trial do you recall giving the following answers to the following questions: "Question: Mr. Fung, do you have an independent recollection, as you sit here today, of placing the item that you received from Detective Vannatter, the envelope, into the plastic bag? "Answer: Not an independent recollection, no. "Question: Okay. And when you looked at the scene of Andrea Mazzola taking the plastic bag out of the location, was there anything that you collected between five o'clock and when you left with Andrea Mazzola that could have accounted for the heft in that bag, other than the envelope? "Answer: Possibly, but it is most likely that the envelope was in that bag. "Question: Okay. "Question: Did you collect anything between five o'clock and the time that Miss Mazzola and yourself left with the plastic bag that was the same approximate size and dimension of the analyzed envelope 163? "Answer: Was there anything? "Question: The one in front of you. "Answer: Was there anything else that we collected that was this size? "Question: Yes. "Answer: Is that what you are asking? "Question: Yes. "Answer: No. "Question: Did you have any other envelopes that were that size? "Answer: No." Do you recall giving those answers to that question?

# 105 MR. FUNG:

Yes.

# 106 MR. GOLDBERG:

Now, as to the--

# 107 THE COURT:

Excuse me, Mr. Goldberg.

# 108 MR. GOLDBERG:

Yes.

# 109 (Brief pause.)

# 110 THE COURT:

Thank you, counsel.

# 111 MR. GOLDBERG:

Now, sir, you were asked a number of questions about whether you have ever received any pressure from anyone from the D.A.'s office to change your testimony in any way. Have you?

# 112 MR. FUNG:

Changed my answers?

# 113 MR. GOLDBERG:

Yes.

# 114 MR. FUNG:

No.

# 115 MR. GOLDBERG:

And from anyone else, the crime lab or even disinterested parties?

# 116 MR. FUNG:

No.

# 117 MR. GOLDBERG:

Now, sir, did you ever even consider the possibility of testifying as to the rear gate stain that you saw it on June the 13th?

# 118 MR. SCHECK:

Objection.

# 119 THE COURT:

Grounds?

# 120 MR. SCHECK:

I think this is--my apologies. Let me hear the whole question.

# 121 MR. GOLDBERG:

That was the whole question.

# 122 THE COURT:

Proceed.

# 123 MR. FUNG:

I never considered changing my answer that I had ever seen the stain on June 13th.

KEY QUOTE

# 124 MR. GOLDBERG:

And you were asked about mistakes, sir, and your willingness to own up to mistakes. If you could do something differently at the crime scene, would you like to have collected that stain on the 13th?

# 125 MR. FUNG:

Yes.

# 126 MR. SCHECK:

Objection. Misstates the testimony. His testimony assumes a fact beyond this witness' comments.

# 127 THE COURT:

Sustained. Rephrase the question.

# 128 MR. GOLDBERG:

Would you have liked to inspected the gate more carefully?

# 129 MR. FUNG:

Yes.

# 130 MR. GOLDBERG:

And sir, did you ever consider changing your testimony or testifying that as you sat there on this witness stand that you had an independent recollection about putting the item that you received from Detective Vannatter into the bag, the plastic bag?

# 131 MR. FUNG:

I don't--I don't understand your question.

# 132 MR. GOLDBERG:

Okay. Did you ever consider testifying, sir, that you could remember, from your own independent recollection, putting the analyzed evidence envelope containing the blood into the plastic bag?

# 133 MR. FUNG:

No.

# 134 MR. GOLDBERG:

Did you ever consider, sir, testifying that you--that you looked at the socks, item no. 13, carefully enough and saw brood on them?

# 135 MR. FUNG:

No.

# 136 MR. GOLDBERG:

And did you ever consider testifying, sir, that you looked at the Bronco on June the 13th and saw red stains, other than the one on the handle?

# 137 MR. FUNG:

No.

# 138 MR. GOLDBERG:

Sir, when you were being cross-examined by Mr. Scheck, did you ever have difficulty understanding what he was getting at in his questions?

# 139 MR. FUNG:

Sometimes.

# 140 MR. GOLDBERG:

And--

# 141 MR. SCHECK:

This is beyond the scope of redirect--recross.

# 142 THE COURT:

Overruled.

# 143 MR. GOLDBERG:

And when you were being cross-examined, sir, did you--how did it make you feel when you were sort of being yelled at in an accusatory--

# 144 MR. SCHECK:

Your Honor, I would object and move to strike.

# 145 THE COURT:

Sustained, Sustained. And if we have any more reaction from the audience, I'm going to clear the audience.

# 146 MR. GOLDBERG:

Was there anything in the way that you were questioned, sir, that made it more difficult for you to understand the questions?

# 147 MR. FUNG:

Yes.

# 148 MR. GOLDBERG:

What was that?

# 149 MR. FUNG:

Umm, it was an aggressive--aggressive questioning style.

KEY QUOTE

# 150 MR. GOLDBERG:

Okay. Did you find it easier to answer his questions this morning?

# 151 MR. FUNG:

Yes.

# 152 MR. GOLDBERG:

Why?

# 153 MR. FUNG:

He was much less aggressive this morning.

# 154 MR. GOLDBERG:

Do you consider being accused of engaging in a cover-up less aggressive?

# 155 MR. FUNG:

It was the manner; not the content.

KEY QUOTE

# 156 MR. GOLDBERG:

Okay. Now, sir, do you remember everything that you did, all of your activities, on June the 13th, 1994?

# 157 MR. FUNG:

No.

# 158 MR. GOLDBERG:

All right. Do you remember every conversation that you had with the detectives on June the 13th of 1994?

# 159 MR. FUNG:

No.

# 160 MR. GOLDBERG:

Or with other people?

# 161 MR. FUNG:

No.

# 162 MR. GOLDBERG:

Do you remember all of the testimony that you gave over the last eight days during the direct and cross-examinations?

# 163 MR. FUNG:

It is all a blur.

# 164 MR. GOLDBERG:

Well, do you remember the question when you were shown the picture of the rear gate and Mr. Scheck said, "Where is it, Mr. Fung"?

# 165 MR. FUNG:

I remember that.

# 166 MR. SCHECK:

Your Honor, your Honor--

# 167 MR. GOLDBERG:

I was just curious. Thank you. Thank you, Mr. Fung. Nothing further.

Temperature

tense

Key Quotes (4)

Dennis Fung

It is all a blur.

Fung's candid admission about his memory of eight days of testimony — humanizing but also underlining the complexity and exhaustion of his time on the stand.

Dennis Fung

It was an aggressive--aggressive questioning style.

Fung directly characterizes Scheck's cross-examination style, giving the jury context for why his answers were sometimes confused or halting.

Dennis Fung

It was the manner; not the content.

A sharp, clear distinction from Fung — he is not saying being accused of a cover-up was fine, but that Scheck's tone this morning was less aggressive. Shows Fung is thoughtful under pressure.

Dennis Fung

I never considered changing my answer that I had ever seen the stain on June 13th.

Direct denial on the most damaging issue — the rear gate blood stain that Fung did not collect on June 13th, central to the defense's planting theory.

Evidence (9)

Informal

Videotape taken at time of search warrant at Rockingham

discussed — Fung confirms viewing it before testimony and that it did not affect or change his testimony

Item 10

Evidence item demonstrated with scoop method on witness stand; had yellow and red seals indicating prior examination

discussed — seal colors explained to distinguish booking (red) from analyst examination (yellow)

Item 12

Blood stain from downstairs foyer at Bundy

discussed — collected at approximately 4:30 PM

Item 13

Socks from OJ's master bedroom

discussed — collection timing relative to item 14; Fung believes collected before 4:40 PM but not 100% certain

Item 14

Blood stain from master bathroom

discussed — collected around 4:40 PM

Analyzed evidence envelope 163

Envelope containing blood received from Detective Vannatter, placed into plastic bag

discussed — Goldberg reads prior trial testimony at page 22971 showing Fung had no independent recollection of placing envelope in bag

+ 3 more

Notable Exchanges (4)

Hank Goldberg•Dennis Fung

Goldberg walks Fung through a list of key disputed points — rear gate stain, socks, Bronco blood, Vannatter envelope — asking if he ever considered testifying falsely on any of them. Fung denies each.

strategic

Hank Goldberg•Dennis Fung•Barry Scheck

Goldberg attempts to ask Fung how it felt to be 'yelled at in an accusatory' manner by Scheck. Scheck objects immediately and Ito sustains, also warning the audience about reactions. Goldberg then rephrases to ask whether the questioning style made it harder to answer, which Fung confirms.

heated

Hank Goldberg•Dennis Fung

Goldberg closes by asking whether Fung remembers being shown the rear gate picture and Scheck saying 'Where is it, Mr. Fung?' — Fung says he remembers that. Goldberg immediately says 'I was just curious. Thank you.' — an odd, pointed ending.

strategic

Lance A. Ito•audience

Judge Ito warns he will clear the courtroom audience after an audible reaction when Goldberg's yelling question was objected to and sustained.

procedural

Light Moments (1)

Hank Goldberg

Goldberg ends his examination by asking if Fung remembered the dramatic 'Where is it, Mr. Fung?' moment during cross — then immediately says 'I was just curious. Thank you.' — a wry, almost theatrical sign-off.

Credibility Attacks (1)

⚔ Dennis Fung

rehabilitation after impeachment

Goldberg uses this redirect to counter Scheck's extended impeachment by eliciting Fung's explicit denials that he ever considered changing testimony on the most contested points, and by providing context for why Fung's answers during cross were sometimes confused (aggressive questioning style).

Witness Demeanor

Fung is measured and careful, giving short answers

Occasionally expresses uncertainty honestly (not 100% sure on collection order)

Describes Scheck's style as 'aggressive' with some apparent relief that it was less so in the morning session

The 'all a blur' line suggests genuine fatigue after extended examination

Objections

9 objections (3 sustained, 3 overruled)

Proceeding 5762 • 167 utterances • Defense witness

Criminal Trial

Department 103