Re-redirect examination of Dennis Fung (part 3)

📄 Re-redirect examination of Dennis Fung (part 3) — Tuesday, April 18, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\18\RE-REDIRECT-EXAMINATION-OF-DEN.DOC

TRIAL

▲ Day 59 of 167

◀ Procedural matter Sidebar: impeachment foundation ▶

Witness: Dennis Fung
Examiner: Barry Scheck
Called by: Defense • Date: Tuesday, April 18, 1995 • Utterances: 154

Barry Scheck's recross of Dennis Fung covers two main fronts: whether the removal of Ron Goldman's body from the caged dirt area could have displaced the glove, hat, and envelope before Fung collected them, and whether Fung improperly monitored other witnesses' trial testimony (including via radio) in a way that allowed him to tailor his own answers. Scheck also attacks a redirect answer about interviewing witnesses, accusing Fung of saying what the prosecution wanted rather than the truth.

# 1 THE COURT:

Thank you, ladies and gentlemen. Please be seated. Let the record reflect we've been rejoined by all the members of our jury panel. Mr. Scheck, you may continue.

# 2 MR. SCHECK:

Thank you very much, your Honor.

# 3 MR. SCHECK:

When we left, Mr. Fung, I had asked you if you recall testifying on redirect examination about realizing the crime scene had been altered before you arrived.

# 4 MR. SCHECK:

And, Mr. Goldberg, page 23066 starting at line 11.

# 5 MR. SCHECK:

On redirect examination, were you asked: "Question: Did you know whether the crime scene had been altered before you arrived? "Answer: I assumed it has because the body was--Nicole Brown Simpson was on the plastic when I walked up to the scene. "Question: Okay. And you assume that when she was murdered, she wasn't on the Coroner's plastic bag? "Answer: Yes." You recall that?

# 6 MR. FUNG:

Yes.

# 7 MR. SCHECK:

Now, when you got to the crime scene and you saw Mr. Goldman's body removed, didn't you think that might have altered the crime scene?

# 8 MR. FUNG:

The--that is changing the crime scene, yes.

# 9 MR. SCHECK:

Well, Mr. Goldman's body was removed from the caged-in dirt area and dragged across the location where the envelope, glove and hat was?

# 10 MR. GOLDBERG:

Assumes facts.

# 11 THE COURT:

Sustained.

# 12 MR. SCHECK:

Were you concerned that when Mr. Goldman's body was removed, it could have been dragged across the area where the glove, the hat and the envelope were found?

# 13 MR. GOLDBERG:

Beyond the scope of my redirect.

# 14 THE COURT:

Overruled.

# 15 MR. FUNG:

I was not in the immediate area when Mr. Goldman's body was moved.

# 16 MR. SCHECK:

Well, when you say "Immediate," you were standing in the bushes near the walkway area, weren't you?

# 17 MR. FUNG:

I don't believe so.

# 18 MR. SCHECK:

Well, do you recall a videotape of you stepping over the body holding what you've told us was the Rockingham glove with your bare hand and a bag?

# 19 MR. FUNG:

Yes.

# 20 MR. SCHECK:

Well, are you telling us that you were not in the area when Mr. Goldman's body was removed from the caged-in area and put in front of the steps on the walkway?

# 21 MR. FUNG:

That was after he had been moved.

# 22 MR. SCHECK:

All right. Well, you knew his body was in the dirt, caged-in area?

# 23 MR. GOLDBERG:

Calls for hearsay, speculation.

# 24 THE COURT:

Overruled.

# 25 MR. FUNG:

Yes.

# 26 MR. SCHECK:

And you knew that it had been removed to the front of the steps?

# 27 MR. FUNG:

Yes.

# 28 MR. SCHECK:

And did that cause you any concern that the removal of his body from the caged-in area to the front of the steps might have caused the glove, the hat and the envelope to have been moved--

# 29 MR. GOLDBERG:

It's irrelevant as to his concern.

# 30 THE COURT:

Overruled. You can answer the question.

# 31 MR. FUNG:

It did not occur to me at that time.

KEY QUOTE

# 32 MR. SCHECK:

Did you ever bother to ask anyone about it?

# 33 MR. GOLDBERG:

This is beyond the scope, your Honor. We went into it extensively.

# 34 THE COURT:

Overruled.

# 35 MR. FUNG:

Did I ask anybody about it? I don't recall asking anybody about it.

# 36 MR. SCHECK:

Did you ever compare your measurements of where various objects were with the measurements taken by Detective Lange?

# 37 MR. GOLDBERG:

Assumes facts not in evidence. Beyond the scope of this witness' knowledge.

# 38 THE COURT:

Overruled.

# 39 MR. FUNG:

I have never compared my measurements with Detective Lange's measurements.

# 40 MR. SCHECK:

Now, you have testified after looking at the videotapes and the still photography and reconstruction that the Bundy glove was ever in a third position on the blanket?

# 41 MR. FUNG:

Could you repeat that?

# 42 MR. SCHECK:

Sure. Do you remember during cross-examination we talked about position 1, position 2 and position 3?

# 43 MR. FUNG:

Yes.

# 44 MR. SCHECK:

All right. And position 3 was that object on the videotape which you're saying is not the glove, right?

# 45 MR. FUNG:

Yes.

# 46 MR. SCHECK:

All right. If the glove--if that were the glove, that would be a third position?

# 47 MR. GOLDBERG:

Argumentative.

# 48 THE COURT:

Sustained.

# 49 MR. SCHECK:

You do concede however from looking at still photographs that the glove had been moved from a position where it was originally photographed when Detective Fuhrman was pointing at it to a second position when you directed the photographer to photograph it--

# 50 MR. GOLDBERG:

Argumentative.

# 51 THE COURT:

Overruled.

# 52 MR. FUNG:

Yes.

# 53 MR. SCHECK:

Okay. So you concede there are at least two positions for the glove?

# 54 MR. GOLDBERG:

Asked and answered. Argumentative.

# 55 THE COURT:

Overruled.

# 56 MR. FUNG:

There are two positions that I know of.

KEY QUOTE

# 57 MR. SCHECK:

And there are two positions for the envelope?

# 58 MR. FUNG:

Yes.

# 59 MR. SCHECK:

Now, you learned about this two months ago when you were listening to the radio and heard test--at the crime scene lab and heard testimony?

# 60 MR. GOLDBERG:

This is vague and compound.

# 61 THE COURT:

Sustained. Rephrase the question.

# 62 MR. SCHECK:

When was the first time you learned that the envelope had been moved?

# 63 MR. FUNG:

I don't specifically recall knowing that the envelope had been moved. I know that there was testimony that evidence at the Bundy crime scene had been moved prior to my arrival--

# 64 MR. SCHECK:

Well--

# 65 MR. FUNG:

--or prior to my collection process.

# 66 MR. SCHECK:

I'm now on April 11th at page 22123.

# 67 MR. GOLDBERG:

May I have a moment?

# 68 THE COURT:

Certainly.

# 69 MR. SCHECK:

Starting at line 20.

# 70 (Brief pause.)

# 71 MR. GOLDBERG:

I apologize to counsel for having too many notebooks here. 22123?

# 72 MR. SCHECK:

Uh-huh.

# 73 MR. GOLDBERG:

Starting at which line?

# 74 MR. SCHECK:

Starting at line 20.

# 75 MR. SCHECK:

"Question:"

# 76 MR. GOLDBERG:

May I have a moment, your Honor?

# 77 THE COURT:

Yes.

# 78 (Brief pause.)

# 79 THE COURT:

Proceed.

# 80 MR. SCHECK:

"Question: When did you first learn that the envelope had been moved from its original condition as it was found at the crime scene? "Answer: The first I heard about it was during the trial. "Question: When? "Answer: This trial. "Question: When during the trial? We have been here for a while. "Answer: When--you're right. When Detective Lange was giving testimony. "Question: About a month ago, two months ago? "Answer: Whenever he was giving testimony. "Question: And isn't it your responsibility--well, how did you learn about that? Did you speak to Detective Lange? "Answer: How did I learn of it? "Question: Yeah, that the envelope had been moved. "Answer: I overheard it on the radio." Were you asked those questions, did you give those answers?

# 81 MR. FUNG:

Yes.

# 82 MR. SCHECK:

All right. Now, you're under instructions to avoid, if you possibly can, listening to any testimony?

# 83 MR. GOLDBERG:

I think that misstates the Court's orders as to expert witnesses.

# 84 THE COURT:

Sustained.

# 85 MR. SCHECK:

Do you regard yourself as under any restriction in terms of listening to or watching any testimony of the trial?

# 86 MR. GOLDBERG:

It's irrelevant.

# 87 THE COURT:

Sustained.

# 88 MR. SCHECK:

Have you listened to testimony of the trial?

# 89 MR. FUNG:

Listened to some portions.

# 90 MR. SCHECK:

Have you watched any of the testimony of the trial of prior witnesses?

# 91 MR. FUNG:

Yes, I have.

# 92 MR. SCHECK:

How much?

# 93 MR. GOLDBERG:

It's vague as to which witnesses.

# 94 MR. SCHECK:

All right. Which witnesses.

# 95 THE COURT:

Overruled.

# 96 MR. FUNG:

I've seen portions of Detective Lange's testimony, Detective Vannatter's testimony, Detective Fuhrman's, some of Mr. Kaelin's--

# 97 MR. SCHECK:

And you paid careful attention when--

# 98 MR. GOLDBERG:

I don't think he's finished.

# 99 MR. SCHECK:

Are you finished?

# 100 MR. FUNG:

Various other witnesses. I've seen parts of all of them.

# 101 MR. SCHECK:

And have you paid careful attention when Detective Lange and Vannatter and Fuhrman testified about anything that might involve your activities?

# 102 MR. FUNG:

I never got a chance--never get a chance to sit down and concentrate on it, but if I hear my name, I'll--peaks my attention.

# 103 MR. SCHECK:

And when you were observing their testimony, did you get a pretty good idea of what attacks were being made on their credibility by the Defense?

# 104 MR. GOLDBERG:

Well, it's overbroad, calls for speculation.

# 105 THE COURT:

Sustained.

# 106 MR. SCHECK:

Did you form any ideas in your mind as to what attacks were being made on the credibility of Detective Lange, Detective Vannatter or Detective Fuhrman by the Defense?

# 107 MR. GOLDBERG:

Still overbroad.

# 108 THE COURT:

Sustained.

# 109 MR. SCHECK:

Did you make--did you form any opinion in your mind as to what kinds of attacks were being made on the credibility of Detective Fuhrman?

# 110 MR. GOLDBERG:

Overbroad. Calls for speculation.

# 111 THE COURT:

Overruled.

# 112 MR. FUNG:

Seemed to me that his overall credibility was being questioned.

# 113 MR. SCHECK:

Did you pay attention to any specific areas of testimony?

# 114 THE COURT:

All right. This is becoming irrelevant.

# 115 MR. SCHECK:

All right. Now, returning now to the glove in position 1 and position 2, so you recall learning for the first time about position 1 and position 2 during Detective Lange's testimony?

# 116 MR. GOLDBERG:

Your Honor, I'm going to object. This is asked and answered and it was beyond the scope of my redirect.

# 117 THE COURT:

Overruled.

# 118 MR. FUNG:

Yes.

# 119 MR. SCHECK:

All right. Now, on redirect examination, Mr. Goldberg asked you about your obligations to interview witnesses at the scene to find out what it was like before you arrived. Recall that?

# 120 MR. FUNG:

Yes.

# 121 MR. SCHECK:

Counsel, page 23066 again at line 20.

# 122 MR. SCHECK:

"Question:"

# 123 MR. GOLDBERG:

Wait a minute.

# 124 (Brief pause.)

# 125 MR. GOLDBERG:

Is this from yesterday's?

# 126 MR. SCHECK:

Yes. Same page we were reading from before.

# 127 MR. GOLDBERG:

Which line, counsel?

# 128 MR. SCHECK:

23066, line 20.

# 129 MR. SCHECK:

"Question: Now, is it your job as a Criminalist to start interviewing witnesses for the purposes of determining what the crime scene was like when they arrived? "Answer: No. "Question: Whose job is that? "Answer: That is the investigating officer's job, the detectives." Were you asked that question, did you give that answer yesterday on redirect?

# 130 MR. FUNG:

Yes.

# 131 MR. SCHECK:

Now, isn't it true that you just gave that answer because the Prosecution wanted you to say it even though you knew it isn't--you know it's not true?

KEY QUOTE

# 132 MR. FUNG:

It isn't my job to interview witnesses.

# 133 MR. SCHECK:

Do you have a habit, sir, of testifying--when you testify, of going along with whatever suggestions the Prosecution makes to you?

# 134 MR. GOLDBERG:

Your Honor, this is really argumentative.

# 135 THE COURT:

Sustained.

# 136 MR. SCHECK:

Page 22145.

# 137 MR. SCHECK:

Do you recall answering questions--

# 138 THE COURT:

Wait, wait.

# 139 MR. SCHECK:

I understand. I'm just asking a prefatory question while he's getting the page.

# 140 THE COURT:

Proceed.

# 141 MR. SCHECK:

Do you recall answering questions on this very same issue with respect to your responsibility to investigate whether evidence has been moved or altered on cross-examination?

# 142 MR. GOLDBERG:

22145?

# 143 MR. SCHECK:

Yeah.

# 144 THE COURT:

What line, counsel?

# 145 MR. SCHECK:

# 146 MR. GOLDBERG:

I don't know--may I just have a moment?

# 147 (Brief pause.)

# 148 MR. SCHECK:

I apologize. 22125.

# 149 MR. GOLDBERG:

May I have a moment?

# 150 THE COURT:

Certainly.

# 151 MR. GOLDBERG:

Line?

# 152 MR. SCHECK:

Line 4.

# 153 MR. GOLDBERG:

Your Honor, this isn't impeachment. Perhaps we could approach.

# 154 THE COURT:

All right. With the Court reporter, please.

Temperature

tense

Key Quotes (5)

Dennis Fung

It did not occur to me at that time.

Fung admits he never considered that moving Goldman's body could have displaced key evidence — a damaging concession about his crime scene awareness.

Dennis Fung

I overheard it on the radio.

Fung's admission that he learned about the envelope being moved by overhearing trial testimony on the radio — raising questions about witness isolation and his preparation.

Dennis Fung

if I hear my name, I'll--peaks my attention.

Fung confirms he was monitoring other witnesses' testimony, suggesting he knew what attacks were coming and could prepare accordingly.

Barry Scheck

isn't it true that you just gave that answer because the Prosecution wanted you to say it even though you knew it isn't--you know it's not true?

Direct accusation that Fung is a compliant prosecution witness rather than an objective expert — the culminating credibility attack of the session.

Dennis Fung

There are two positions that I know of.

Fung concedes the glove was moved from where Fuhrman pointed to it to where Fung's photographer documented it — a key admission for the defense's planted-evidence theory.

Evidence (7)

Informal

Bundy glove — discussed in positions 1, 2, and disputed position 3 on blanket

challenged; Fung concedes two confirmed positions

Informal

Envelope found at Bundy crime scene

challenged; two positions confirmed; Fung says he first learned of movement via radio during Lange's testimony

Informal

Hat found at Bundy crime scene

discussed in context of possible displacement by Goldman body removal

Informal

Videotape showing Fung stepping over Goldman's body holding Rockingham glove with bare hand

referenced to establish Fung's proximity to crime scene during body removal

Informal

Detective Lange's crime scene measurements

discussed; Fung confirms he never compared his measurements to Lange's

Informal

Transcript page 23066 (redirect examination testimony)

read into record; used to impeach Fung's redirect answers

+ 1 more

Notable Exchanges (4)

Barry Scheck•Dennis Fung

Scheck walks Fung through the logical chain: Goldman's body was in the caged dirt area near the glove/hat/envelope, it was moved, and Fung never asked anyone whether that movement displaced the evidence. Fung's defense — 'I was not in the immediate area' — is weakened when Scheck reminds him of the videotape showing him stepping over the body.

strategic

Barry Scheck•Dennis Fung

Scheck establishes that Fung watched portions of Lange's, Vannatter's, Fuhrman's, and Kaelin's testimony during the trial, then presses him on whether he gleaned what attacks were being made on those witnesses' credibility — implying Fung was coaching himself.

revealing

Barry Scheck•Dennis Fung

Scheck directly accuses Fung of giving the redirect answer about witness interviews ('that is the investigating officer's job') because the prosecution wanted him to say it, not because it was true. Fung deflects: 'It isn't my job to interview witnesses.' Objection sustained cuts off the line.

heated

Hank Goldberg•Lance A. Ito

At the end of the session, Goldberg requests a sidebar, arguing Scheck's impeachment attempt at page 22125 is not proper impeachment. Session ends at the bench.

procedural

Credibility Attacks (3)

⚔ Dennis Fung

prior inconsistent statement / witness monitoring

Scheck uses Fung's own prior cross-examination testimony (page 22123) to show Fung learned about the envelope being moved only by overhearing radio coverage of Detective Lange's testimony — implying Fung was not properly isolated as a witness and had advance knowledge of what to expect.

⚔ Dennis Fung

bias / compliant witness

Scheck directly accuses Fung of tailoring his redirect answer about witness-interview responsibilities to match what the prosecution wanted, not what Fung actually believed — attacking Fung as a prosecution-aligned expert rather than a neutral criminalist.

⚔ Dennis Fung

omission / failure to investigate

Scheck establishes that Fung never compared his crime scene measurements to Detective Lange's and never asked anyone whether Goldman's body removal had displaced the glove, hat, or envelope — framing Fung's methodology as either incompetent or incurious.

Witness Demeanor

(Brief pause.) — during notebook-searching between counsel

(Brief pause.) — second instance while counsel located transcript pages

Objections

18 objections (7 sustained, 10 overruled)

Proceeding 5751 • 154 utterances • Defense witness

Criminal Trial

Department 103