Cross-examination of Dennis Fung (part 2)

📄 Cross-examination of Dennis Fung (part 2) — Tuesday, April 18, 1995

Address:

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

TRIAL

▲ Day 59 of 167

◀ Re-redirect examination of Dennis Fung (part 7) Witness excused ▶

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

A very brief redirect examination where Goldberg clarifies that Fung never told him he was unsure about the collection order of items 12, 13, and 14 between cross and redirect — addressing an implicit suggestion by Scheck that the prosecution coached Fung's uncertainty. The proceeding ends with a light moment acknowledging Fung's exhausting eight days on the stand.

# 1 MR. GOLDBERG:

Just briefly.

FURTHER REDIRECT EXAMINATION BY MR. GOLDBERG

# 2 MR. GOLDBERG:

Okay. Let's see if we can get this, Mr. Fung. Now, when we were discussing, before you ever came into this courtroom to testify, about the order in which things were collected, did you tell me that the order was 12, 13 and 14?

# 3 MR. FUNG:

12, 13 and 14? Yes.

# 4 MR. GOLDBERG:

Okay. Now, on re-redirect--

# 5 MR. FUNG:

Re-redirect? Okay.

# 6 MR. GOLDBERG:

No, actually it was redirect. I'm sorry. Okay. Now, on redirect did you testify that you weren't sure whether 13 was collected after--I mean before 14?

# 7 MR. FUNG:

I stated I didn't know or I don't know what I stated at this point. I was unsure at that point.

# 8 MR. GOLDBERG:

Okay. Now, what Mr. Scheck was asking you is was there a conversation that we ever had between the time that you were finished on cross-examination, okay?

# 9 MR. FUNG:

Yes.

# 10 MR. GOLDBERG:

And the time that you said that you weren't sure on redirect, was there ever a time when you told me you weren't sure?

# 11 MR. FUNG:

No.

# 12 MR. GOLDBERG:

Okay. And was there ever a time that you can recall between those two times that we discussed the issue?

# 13 MR. FUNG:

Not that I recall.

# 14 MR. GOLDBERG:

Okay. And Mr. Fung, have you ever testified before in a case where you were on the witness stand for eight days?

# 15 MR. FUNG:

Never.

# 16 MR. GOLDBERG:

Are you going to be glad to be off?

KEY QUOTE

# 17 MR. FUNG:

Very.

# 18 MR. GOLDBERG:

Okay. Thank you. Nothing further. Thank you.

Temperature

routine

Key Quotes (4)

Dennis Fung

Never.

Fung confirms he has never been on the witness stand for eight days in any prior case — underscoring the unusual ordeal of this trial.

Hank Goldberg

Are you going to be glad to be off?

Rare moment of levity that humanizes both attorney and witness after an extraordinarily grueling examination.

Dennis Fung

Very.

One-word answer that drew the examination to a close on a relatable, human note.

Dennis Fung

Not that I recall.

Fung denies any intervening conversation with Goldberg about his uncertainty — the core point Goldberg needed to rehabilitate against Scheck's insinuation.

Evidence (1)

Informal

Collection order of items 12, 13, and 14 from the crime scene

discussed

Notable Exchanges (2)

Hank Goldberg•Dennis Fung

Goldberg establishes that Fung never told him he was unsure about collection order between cross and redirect, countering Scheck's implication of coaching or coordination.

strategic

Hank Goldberg•Dennis Fung

Goldberg asks if Fung will be glad to be done after eight days on the stand; Fung says 'Very.' — closing the examination on a warm, human note.

light

Light Moments (1)

Dennis Fung

Goldberg asks Fung if he'll be glad to step down after eight days on the witness stand; Fung answers simply 'Very.'

Objections

None recorded

Proceeding 5765 • 18 utterances • Defense witness

Criminal Trial

Department 103