Redirect examination of Dennis Fung (part 2)

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

Address:

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

TRIAL

▲ Day 59 of 167

◀ Sidebar: improper questioning Noon recess ▶

Witness: Dennis Fung
Examiner: Barry Scheck
Called by: Defense • Date: Tuesday, April 18, 1995 • Utterances: 27

Barry Scheck concludes his cross-examination of Dennis Fung with two lines of inquiry: whether DA investigators had questioned Fung about the handling of Simpson's blood vial, and whether blood drop 116 visible on July 3rd could have appeared between June 13th and July 3rd. Fung denied being contacted by DA investigators, and his answer on the blood drop's timing was struck when Scheck attempted to elicit an admission that it may have been planted after the initial collection.

# 1 (The following proceedings were held in open Court:)

# 2 THE COURT:

Proceed.

# 3 MR. SCHECK:

Do you know a Michael Stevens from the District Attorney's office?

# 4 MR. GOLDBERG:

Beyond the scope, irrelevant.

# 5 THE COURT:

Overruled.

# 6 MR. FUNG:

I know someone named Mike, but I don't know if this is the person you're referring to.

# 7 MR. SCHECK:

Guy with--tall guy with silver hair?

# 8 MR. FUNG:

Okay. I think I know who you are talking about.

# 9 MR. SCHECK:

Do you know Dana Thompson from the District Attorney's office?

# 10 MR. FUNG:

I've met Dana.

# 11 MR. SCHECK:

All right. You know Mr. Thompson to be a senior investigator in the District Attorney's office?

# 12 MR. FUNG:

I only know he works for the D.A.'s office.

# 13 MR. SCHECK:

Has either of these gentlemen ever asked you any questions with respect to the handling of Mr. Simpson's blood vial?

# 14 MR. GOLDBERG:

Beyond the scope of redirect.

# 15 THE COURT:

Overruled.

# 16 MR. FUNG:

No.

# 17 MR. SCHECK:

166-a. Show you this photograph, 166-a.

# 18 MR. SCHECK:

Mr. Fung, where is drop 116 that you saw on July 3rd?

# 19 MR. GOLDBERG:

Your Honor, I'll object. He's already gone into this.

# 20 THE COURT:

Overruled.

# 21 MR. FUNG:

It does not appear in the picture. However, it may be on the curved area behind it. It just doesn't appear in the picture though.

KEY QUOTE

# 22 MR. SCHECK:

Uh-huh. And it may be that it got there sometime between June 13th and July 3rd.

KEY QUOTE

# 23 THE COURT:

Sustained.

# 24 MR. SCHECK:

You can't tell us from your own personal knowledge?

# 25 MR. GOLDBERG:

Your Honor, makes--motion to strike.

# 26 THE COURT:

Sustained.

# 27 MR. SCHECK:

No further questions.

Temperature

tense

Key Quotes (3)

Dennis Fung

It does not appear in the picture. However, it may be on the curved area behind it. It just doesn't appear in the picture though.

Fung cannot confirm drop 116 is visible in the photo, leaving open the defense's implication that it appeared later — potentially after the initial crime scene visit.

Barry Scheck

And it may be that it got there sometime between June 13th and July 3rd.

Scheck's most pointed suggestion of the session — that blood was deposited after the original collection, implying evidence planting. Immediately sustained and struck.

Dennis Fung

No.

Fung denies that DA investigators Michael Stevens or Dana Thompson ever questioned him about the handling of Simpson's blood vial — an area Scheck was probing for suppression or tampering awareness.

Evidence (2)

166-a

Photograph of the crime scene area where blood drop 116 was documented

discussed — Scheck uses it to challenge whether drop 116 was present on June 13th versus July 3rd

Informal

Simpson's blood vial — reference to whether DA investigators questioned Fung about its handling

discussed informally as part of blood evidence chain-of-custody inquiry

Notable Exchanges (2)

Barry Scheck•Dennis Fung

Scheck probes whether DA senior investigators Stevens and Thompson ever questioned Fung about Simpson's blood vial, implying awareness of chain-of-custody problems. Fung denies any such contact.

strategic

Barry Scheck•Hank Goldberg•Lance A. Ito

Scheck's attempt to get Fung to concede drop 116 may have appeared between June 13th and July 3rd is shut down with a sustained objection and motion to strike — the closest Scheck gets to a blood-planting admission before the examination ends.

heated

Credibility Attacks (2)

⚔ Dennis Fung

implied concealment / chain-of-custody irregularity

Scheck implies DA investigators may have been quietly probing Fung about blood vial handling — suggesting institutional awareness of problems Fung hasn't disclosed. Fung denies being contacted.

⚔ LAPD evidence collection

photographic inconsistency

Scheck uses exhibit 166-a to suggest drop 116 is absent from the June 13th photograph, raising the inference it was deposited later — a core blood-planting theory attack.

Objections

5 objections (2 sustained, 3 overruled)

Proceeding 5760 • 27 utterances • Defense witness

Criminal Trial

Department 103