📄 Direct examination of Dennis Fung (afternoon, part 1) — Monday, April 3, 1995
Address:
C:\DEPT103\CRIMINAL\1995\APR\3\DIRECT-EXAMINATION-OF-DENNIS-F.DOC
TRIAL
▲ Day 50 of 167

Direct examination of Dennis Fung (afternoon, part 1)

Witness: Dennis Fung
Examiner: Hank Goldberg
Called by: Prosecution • Date: Monday, April 3, 1995 • Utterances: 410
Dennis Fung, LAPD criminalist, continues direct examination by Hank Goldberg covering evidence collection procedures at both the Rockingham and Bundy crime scenes. Testimony focuses on how the Rockingham glove (Item 9) was collected after Detective Fuhrman led Fung to it, how a blue plastic container (Item 10) was handed to Fung over a fence by Fuhrman, and then the transition to the Bundy scene where Fung and Andrea Mazzolla collected items including a second glove, hat, keys, pager, and ring. Barry Scheck repeatedly objected to leading questions, winning several sustained rulings.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)
2 THE COURT:

ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. MR. FUNG, WOULD YOU PLEASE RESUME THE WITNESS STANDS. DENNIS FUNG, THE WITNESS ON THE STAND AT THE TIME OF THE NOON RECESS, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

3 THE COURT:

ALL RIGHT. LET THE RECORD REFLECT THAT WE HAVE BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. GOOD AFTERNOON, LADIES AND GENTLEMEN.

4 THE JURY:

GOOD AFTERNOON.

5 THE COURT:

ALL RIGHT. MR. GOLDBERG, MR. FUNG IS ON THE WITNESS STAND UNDERGOING DIRECT EXAMINATION. GOOD AFTERNOON AGAIN, MR. FUNG.

6 DENNIS FUNG:

GOOD AFTERNOON.

7 THE COURT:

YOU ARE REMINDED YOU ARE STILL UNDER OATH. MR. GOLDBERG, YOU MAY CONTINUE.

DIRECT EXAMINATION (RESUMED) BY MR. GOLDBERG:

8 Q:

MR. FUNG, I JUST WANTED TO GO BACK FOR A MINUTE TO THE COLLECTION OF BLOOD STAINS AND SUBSTRATE CONTROLS. WHEN YOU COLLECT A STAIN, IF YOU APPLY A SWATCH TO THAT STAIN, AND IT DOES NOT COLLECT THE ENTIRE STAIN, WHAT WOULD YOU DO?

9 A:

I WOULD SELECT ANOTHER SWATCH, WET IT, APPLY IT TO THE STAIN AND PUT IT IN THE SAME PLASTIC BAG AS THE FIRST CLOTH SWATCH FOR THAT ITEM.

10 Q:

AND ON SOME OF THE STAINS THAT WERE COLLECTED IN THIS CASE, SIR, IN FACT MOST OF THE STAINS, WERE THERE MORE THAN ONE SWATCH THAT WAS USED TO COLLECT THE STAIN ITSELF? I'M NOT TALKING ABOUT THE SUBSTRATE CONTROL, BUT THE STAIN.

11 A:

YES.

12 Q:

ALL RIGHT. AND DO ALL THOSE GO INTO THE SAME PLASTIC BAGGIE TOGETHER?

13 A:

YES.

14 Q:

ALL RIGHT. AND THEN THAT BAGGIE OR THAT PLASTIC BAG CONTAINING THE VARIOUS STAIN SWATCHES AND THE OTHER PLASTIC BAG CONTAINING THE CLOTH CONTROL GO WHERE?

15 A:

THOSE TWO BAGS GO INTO A COIN ENVELOPE WITH THE PHOTO I.D. NUMBER CORRESPONDING TO THE STAIN.

16 Q:

OKAY. NOW, WHEN YOU SAY THE PHOTO I.D. NUMBER CORRESPONDING TO THE STAIN, FOR EXAMPLE, RIGHT BEFORE WE BROKE, WE WERE DISCUSSING THE CHART DEPICTING THE STAIN AT ROCKINGHAM AND THERE WERE ITEMS THAT WERE LABELED, FOR INSTANCE, 7 OR 8, SO ARE YOU SAYING THAT THE COIN ENVELOPE INTO WHICH 7 WENT IN WOULD BE LABELED 7?

17 A:

YES.

18 MR. SCHECK:

OBJECTION, YOUR HONOR. I THINK THAT IS LEADING AND --

19 THE COURT:

SUSTAINED.

20 Q:

BY MR. GOLDBERG: OKAY. WELL, WITH RESPECT TO THE STAIN THAT HAS A PHOTOGRAPH, A LITTLE CARD IN THE PHOTOGRAPH THAT SAYS NO. 7, WHAT WOULD THE COIN ENVELOPE BE NUMBERED?

21 A:

THE COIN ENVELOPE WOULD ALSO BE LABELED 7.

22 Q:

OKAY. AND WITH RESPECT TO A STAIN THAT HAS A LITTLE MARKER NEXT TO IT THAT SAYS 8, WHAT WOULD THE COIN ENVELOPE BE?

23 A:

THE COIN ENVELOPE WOULD BE 8.

24 Q:

OKAY. NOW, AT APPROXIMATELY 9:30 OR SO IN THE MORNING ON THE 13TH OF JUNE -- IF YOU NEED TO REFER BACK TO YOUR CRIME SCENE CHECKLIST YOU MAY DO SO -- DID YOU COLLECT ANOTHER PIECE OF EVIDENCE AT THE ROCKINGHAM LOCATION?

25 A:

YES.

26 Q:

WAS THAT ONE THAT YOU PERSONALLY DID?

27 A:

YES.

28 Q:

DO YOU RECALL WHETHER ANDREA MAZZOLLA WENT WITH YOU ON THIS PARTICULAR OCCASION TO COLLECT THIS PIECE OF EVIDENCE?

29 A:

I RECALL THAT SHE WAS NOT PRESENT WHEN I COLLECTED IT.

30 Q:

OKAY. DID ANYONE GO WITH YOU TO SHOW YOU WHERE THIS WAS?

31 A:

YES.

32 Q:

WHO WAS THAT?

33 A:

DETECTIVE FUHRMAN.

34 Q:

ALL RIGHT. AND WHAT WAS IT THAT YOU WENT TO SEE AT APPROXIMATELY THIS TIME?

35 A:

AT 9:30 OR APPROXIMATELY AT 9:30, THE GLOVE WAS COLLECTED AT THAT TIME.

KEY QUOTE
36 Q:

ALL RIGHT. WHERE WAS THAT?

37 A:

THE GLOVE WAS ON THE SOUTH SIDE OF THE RESIDENCE AT ROCKINGHAM.

38 Q:

NOW, WHEN YOU ARE COLLECTING ITEMS OF EVIDENCE THAT CONTAIN POSSIBLE BIOLOGICAL MATERIAL, BUT OTHER THAN BLOOD DROPS, WHAT TECHNIQUE OR TECHNIQUES WILL YOU USE?

39 A:

I WILL USE ONE OF TWO TECHNIQUES: ONE IS TO WEAR A PAIR OF GLOVES AND PICK UP THE ITEM AND PLACE IT INTO A PAPER BAG, OR I WILL USE A SCOOP TECHNIQUE WHERE I WILL PLACE THE BAG NEXT TO THE ITEM TO BE COLLECTED AND PUSH IT IN WITH A CARD OR PENCIL.

40 MR. GOLDBERG:

YOUR HONOR, I HAVE A PAIR OF GLOVES THAT IS MARKED AS PEOPLE'S 163-C FOR IDENTIFICATION. MAY I APPROACH THE WITNESS?

41 THE COURT:

YOU MAY.

42 Q:

BY MR. GOLDBERG: SHOWING WHAT YOU WE'VE MARKED AS 163-C, WHAT IS THAT?

43 A:

THOSE ARE A PAIR OF LATEX GLOVES.

44 Q:

AND ARE THOSE THE TYPE OF GLOVES THAT YOU WOULD USE AT A CRIME SCENE?

45 A:

YES.

46 Q:

ALL RIGHT. SO COULD YOU HAVE USED EITHER A GLOVE TECHNIQUE OR THIS CARD TECHNIQUE WHERE YOU HAVE DESCRIBED, WHERE YOU DON'T TOUCH THE ITEM AT ALL?

47 A:

YES.

48 Q:

DO YOU RECALL SPECIFICALLY WHICH ONE YOU USED IN THIS INSTANCE WITH REGARD TO THE GLOVE THAT DETECTIVE FUHRMAN SHOWED YOU?

49 A:

I DON'T RECALL WHICH ONE I USED.

50 Q:

OKAY. BUT IT WOULD HAVE BEEN ONE OR THE OTHER, ACCORDING TO YOUR ORDINARY PRACTICE?

51 A:

YES.

52 Q:

THERE IS NO THIRD WAY THAT YOU DO IT?

53 A:

NOT THAT I CAN RECALL, NO.

54 Q:

OKAY. SO WITH RESPECT TO THIS ITEM, DO YOU RECALL HOW YOU PACKAGED IT?

55 A:

THE GLOVE WAS PLACED IN A PAPER BAG AND THE BAG WAS LABELED.

56 Q:

IS THAT WHAT IS DONE WITH ITEMS OF CLOTHING LIKE THAT, THE GLOVE, IT IS PUT IN A PAPER BAG, GENERALLY?

57 A:

DEPENDING ON THE SIZE, YES.

58 Q:

BUT YOU DON'T PUT IT IN PLASTIC, A PLASTIC BAG AS OPPOSED TO A PAPER ONE?

59 A:

GENERALLY, NO.

60 Q:

ALL RIGHT. NOW, WHEN YOU SAW THIS ITEM PRIOR TO YOU COLLECTING IT, WHICHEVER TECHNIQUE YOU USED, WHAT DID THE ITEM APPEAR LIKE?

61 A:

THE ITEM APPEARED TO HAVE SOME BROWNISH REDDISH STAINS ON THEM. IT WAS -- APPEARED TO ME TO BE SOMEWHAT DRY WITH SOME SHINY AREAS ON IT.

KEY QUOTE
62 Q:

WHEN YOU FIRST SAW IT, BEFORE YOU HAD A CHANCE TO INSPECT IT AT ALL, CAREFULLY, I MEAN, WHEN YOU FIRST GLANCED AT IT, HOW SHINY DID IT APPEAR?

63 A:

THERE WERE JUST SOME AREAS THAT HAD A SHEEN TO THEM.

64 Q:

A WHAT TO THEM?

65 A:

A SHEEN, A SHININESS.

66 Q:

OKAY. DID YOU DO SOMETHING FURTHER TO DETERMINE -- TO LOOK AT IT TO DETERMINE WHETHER IN YOUR OPINION IT WAS DRY OR WET AT THAT TIME?

67 A:

NO, I DID NOT.

68 Q:

WHAT MAKES YOU THINK THAT IT WAS MORE LIKELY TO BE -- WELL, MAYBE I AM MISSTATING YOUR TESTIMONY. DIDN'T YOU TESTIFY THAT IN YOUR OPINION IT WAS MORE LIKELY TO BE DRY THAN WET?

69 A:

YES.

70 Q:

WHY DO YOU THINK THAT?

71 A:

MY EXPERIENCE WITH BLOODIED CLOTHING AND THEIR APPEARANCE LENT ME TO THAT ESTIMATION OF WHETHER IT WAS WET OR DRY. IT APPEARED TO ME TO BE DRY.

72 MR. SCHECK:

YOUR HONOR, MOVE TO STRIKE. WITHOUT FOUNDATION.

73 THE COURT:

OVERRULED.

74 MR. GOLDBERG:

YOUR HONOR, AT THIS TIME I WOULD LIKE TO MARK AS PEOPLE'S 165 FOR IDENTIFICATION PART OF THE CONTENTS OF A BOX THAT HAS A NUMBER OF ITEMS IN IT. I DON'T KNOW HOW THE COURT WANTS ME TO DO THAT, WHETHER THE COURT WANTS ME TO MARK THE ENTIRE THING AS 165. I WON'T BE INTRODUCING ALL OF THEM.

75 THE COURT:

ALL RIGHT. HOW IS THE BOX LABELED AT THIS POINT?

76 MR. GOLDBERG:

WELL, THE BOX IS LABELED WITH AN EVIDENCE TAG THAT SAYS, "BOOKED -- DATE BOOKED 6/13/94" AND IT APPEARS TO CONTAIN THE DR NUMBER IN THIS CASE, 94-0817431. THAT SAYS, "NAME BOOKED TO: SIMPSON, NICOLE," AND IT HAS CONTENTS "9, 10, 18, 27" AND 40 AND 53 ARE CROSSED OUT.

77 THE COURT:

ALL RIGHT. WHICH ITEM NUMBER IN THAT BOX ARE YOU INTENDING ON OFFERING?

78 MR. GOLDBERG:

9 AT THIS TIME.

79 THE COURT:

ALL RIGHT.

80 MR. SCHECK:

YOUR HONOR, MAY I MAKE A SUGGESTION IN THIS REGARD?

81 THE COURT:

SURE.

82 MR. SCHECK:

IF WE CAN MARK THE BOX FOR IDENTIFICATION AND THEN HE CAN JUST SIGNIFY WHAT HE IS TAKING OUT. IF WE COULD MARK THE BOX WITH A SEPARATE NUMBER FOR IDENTIFICATION AND THEN THE INDIVIDUAL ITEM CAN BE SEPARATELY MARKED.

83 THE COURT:

165, BOX AND CONTENTS AT THIS POINT.

84 MR. GOLDBERG:

I'M SORRY. IT IS 164.

85 THE COURT:

164.

86 MR. GOLDBERG:

I MADE A MISTAKE ON MY NOTES.

87 (PEO'S 164 FOR ID = BOX & CONTENTS)
88 MR. GOLDBERG:

MAY I ALSO PLACE A "164" ON IT?

89 THE COURT:

YES, YOU MAY. THANK YOU.

90 Q:

BY MR. GOLDBERG: SIR, I'M SHOWING YOU A BOX THAT HAS BEEN MARKED AS 164. CAN YOU JUST TAKE A LOOK AT THE NUMBER THAT SAYS "DR NUMBER" FOR US AND TELL US WHAT THAT NUMBER REFERS TO OR WHAT SIGNIFICANCE THAT HAS IN THE LOS ANGELES POLICE DEPARTMENT?

91 A:

THERE IS A NUMBER IN A BOX LABELED, "DR NUMBER" THAT IS "94-08 17431." THAT NUMBER IS USED TO IDENTIFY DIFFERENT CASES WITHIN THE LOS ANGELES POLICE DEPARTMENT.

92 Q:

SO EACH CASE HAS ITS OWN DR NUMBER ASSIGNED TO IT?

93 A:

YES.

94 Q:

IS THAT THE DR NUMBER OF OUR CASE?

95 A:

YES, IT IS.

96 Q:

ALL RIGHT. AND WHEN YOU PACKAGED UP VARIOUS EVIDENCE, WOULD YOU HAVE USED THAT DR NUMBER?

97 A:

YES.

98 Q:

COULD YOU NOW OPEN THE BOX FOR US AND DESCRIBE WHAT YOU ARE DOING FOR THE RECORD.

99 A:

(WITNESS COMPLIES.) I AM USING A POCKET KNIFE TO CUT THE TAPE ALONG THE TOP SEAM OF THE BOX. I AM OPENING UP THE BOX. DO YOU WANT ME TO REMOVE ANYTHING?

100 Q:

IF THERE IS AN ITEM NO. 9 IN THERE?

101 A:

THERE IS A BAG WITH THE ITEM NO. 9 AND THE DR NUMBER 94-0817431.

102 Q:

OKAY. NOW, TAKING A LOOK AT THAT PACKAGING, IS THERE ANYTHING ABOUT THE PACKAGING THAT YOU RECOGNIZE?

103 A:

YES. IN BLACK I SEE THE ITEM NUMBER THAT I WROTE ON IT AND MY INITIALS.

104 Q:

OKAY. THE ITEM NUMBER BEING "9"?

105 A:

YES.

106 Q:

AND THAT IS WHAT YOU ASSIGNED TO THE NUMBER -- THE GLOVE THAT WAS FOUND ON THE SOUTH SIDE OF THE ROCKINGHAM LOCATION?

107 A:

YES, IT IS.

108 Q:

OKAY. IS THERE ANYTHING ELSE IN THAT PACKAGE? I MEAN IN THE BOX, RATHER?

109 A:

IN THE BOX? THERE IS A COIN ENVELOPE WITH ITEM NO. 10.

110 Q:

DO YOU RECOGNIZE ANYTHING ON THAT?

111 A:

YES. THERE IS THE ITEM NO. 10 AND MY INITIALS.

112 Q:

OKAY.

113 A:

AND UNDERNEATH THE TAPE I CAN KIND OF MAKE OUT THE DR NUMBER. ALSO IN THE BOX IS A BAG WITH THE NO. 18 ON IT, MY INITIALS AND AGAIN THE DR NUMBER, AND THE LAST ITEM IN THE BOX IS A BAG WITH THE NO. 27, THE DR NUMBER AND MISS MAZZOLLA'S INITIALS.

114 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
115 MR. GOLDBERG:

YOUR HONOR, DO WE HAVE ANY LATEX GLOVES? THE COURT HAS? I DON'T WANT TO USE MY EXHIBIT OVER THERE.

116 (BRIEF PAUSE.)
117 THE COURT:

I GUESS YOU WEREN'T A BOY SCOUT.

118 MR. GOLDBERG:

EXCUSE ME. WELL, I TRIED TO BE BUT --

119 THE COURT:

MRS. ROBERTSON HAS SOME LATEX GLOVES.

120 (BRIEF PAUSE.)
121 Q:

BY MR. GOLDBERG: SIR, COULD YOU OPEN UP THE ENVELOPE THAT IS NO. 9 FOR IDENTIFICATION AND TELL US WHAT YOU ARE DOING.

122 A:

(WITNESS COMPLIES.) I AM UNFOLDING THE BAG AND BREAKING THE SEAL, REACHING IN THE BAG AND WITHIN THE BAG IS AN ENVELOPE. CONTINUE?

123 Q:

YES.

124 THE COURT:

SCISSORS OR A KNIFE?

125 DENNIS FUNG:

SCISSORS ARE FINE. THANK YOU. CUTTING ALONG THE BOTTOM EDGE OF THE BAG AND WITHIN THE BAG IS A GLOVE.

126 Q:

BY MR. GOLDBERG: NOW, WITH RESPECT TO THE PACKAGE THAT YOU JUST TOOK THAT OUT OF, CAN YOU HOLD THAT UP SO THAT WE CAN SEE IT WITH THE EVIDENCE TAGS ON IT?

127 (WITNESS COMPLIES.)
128 Q:

OKAY. NOW, DOES THAT APPEAR TO BE A PACKAGE THAT WAS A TRANSMITTAL PACKAGE THAT SOMEONE ELSE PUT IT IN OR IS THAT SOMETHING THAT YOU PUT IT IN?

129 MR. SCHECK:

OBJECTION.

130 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

131 Q:

BY MR. GOLDBERG: OKAY. IS THAT YOUR PACKAGE OR SOMEONE ELSE'S?

132 A:

THIS IS SOMEBODY ELSE'S PACKAGE.

133 Q:

SO THE PACKAGE THAT YOU USED IS THE BROWN PAPER BAG THAT HAS THE ITEM NO. 9 AND YOUR INITIALS ON IT?

134 A:

YES.

135 Q:

AND DOES THAT APPEAR TO BE THE ITEM THAT YOU RETRIEVED FROM THE ROCKINGHAM LOCATION?

136 (NO AUDIBLE RESPONSE.)
137 Q:

I'M NOT TALKING ABOUT THE PACKAGE; I'M TALKING ABOUT THE GLOVE.

138 A:

YES, IT IS.

139 Q:

ALL RIGHT. CAN YOU HOLD THAT UP FOR US SO WE CAN SEE.

140 (WITNESS COMPLIES.)
141 Q:

IS THERE A SIZE LABEL IN THERE, MR. FUNG?

142 A:

THERE IS NOT ONE APPARENT.

143 Q:

OKAY. THAT IS ALL RIGHT. YOU DON'T HAVE TO LOOK ANY FURTHER. CAN YOU REPACKAGE THAT FOR US NOW DESCRIBING WHAT YOU ARE DOING FOR THE RECORD.

144 A:

(WITNESS COMPLIES.) I AM PLACING THE GLOVE BACK IN THE WHITE FREEZER STORAGE ENVELOPE AND I AM PLACING THE ENVELOPE AND THE GLOVE INTO THE BROWN PAPER BAG AND PLACING THE BAG BACK INTO THE BOX.

145 MR. SCHECK:

YOUR HONOR, MAY I REQUEST THAT HE RESEAL IT AND SIGN IT.

146 THE COURT:

I WILL HAVE THE CLERK RESEAL IT. MRS. ROBERTSON, AT THE CONCLUSION OF THE PROCEEDINGS, RESEAL IT, PLEASE. EXCUSE ME. THE PAPER BAG. MR. GOLDBERG.

147 MR. GOLDBERG:

THANK YOU.

148 Q:

NOW, IN ADDITION TO THE GLOVE, AT APPROXIMATELY 9:30 OR SO, WAS THERE ANY OTHER ITEM OF EVIDENCE THAT WAS COLLECTED BY EITHER YOURSELF OR ANYONE ELSE IN YOUR PRESENCE?

149 A:

YES.

150 Q:

WHAT WAS THAT?

151 A:

THAT WAS A BLUE PLASTIC BAG OR CONTAINER OF SOME SORT.

152 Q:

AND WHAT ITEM NUMBER DID YOU ASSIGN THAT?

153 A:

THAT WAS ITEM NO. 10.

154 Q:

DID YOU SEE THE PACKAGING FOR THAT BEING THE ITEM THAT YOU TOOK OUT AND DESCRIBED AS NO. 10 A LITTLE EARLIER?

155 A:

YES.

156 MR. GOLDBERG:

OKAY. FOR THE RECORD, HE IS HOLDING UP WHAT APPEARS TO BE A COIN ENVELOPE WITH RED -- RED TAPE AND BLUE TAPE ON IT.

157 DENNIS FUNG:

RED, YELLOW AND BLUE.

158 MR. GOLDBERG:

KIND OF FESTIVE LOOKING.

159 Q:

AND HOW DID YOU FIRST GET POSSESSION OF THAT ITEM, 10, BACK AT ROCKINGHAM?

160 A:

ITEM 10?

161 Q:

YEAH.

162 A:

THAT ITEM WAS ON THE OTHER SIDE OF THE FENCE AND DETECTIVE FUHRMAN COLLECTED IT AND HANDED IT TO ME OVER THE FENCE.

KEY QUOTE
163 Q:

AND WHAT WAS IT?

164 A:

THE --

165 Q:

THE ITEM THAT HE COLLECTED?

166 A:

IT WAS A BLUE PLASTIC CONTAINER OF SOME SORT, BAGGIE OR SOMETHING. I HAVEN'T BEEN ABLE TO IDENTIFY WHAT EXACTLY IT WAS.

167 Q:

OKAY. BUT WAS IT A HARD TYPE PACKAGE OR A SOFT BAG-LIKE PACKAGE?

168 (NO AUDIBLE RESPONSE.)
169 Q:

WHEN I SAY "HARD" I MEAN LIKE TUPPERWARE OR IS IT MORE LIKE A BAGGIE TYPE MATERIAL?

170 A:

NO, IT IS MORE OF A SOFT PLASTIC.

171 Q:

OKAY. NOW, WAS THAT THE LAST ITEM OF EVIDENCE THAT YOU COLLECTED OR WAS COLLECTED IN YOUR PRESENCE AT ROCKINGHAM THAT MORNING?

172 A:

YES.

173 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
174 MR. GOLDBERG:

MAY I JUST HAVE ONE MOMENT, YOUR HONOR?

175 THE COURT:

CERTAINLY.

176 (BRIEF PAUSE.)
177 Q:

BY MR. GOLDBERG: SIR, YOU SAID THAT YOU DIDN'T KNOW EXACTLY WHAT THE BAGGIE WAS, ITEM NO. 10. DID IT LOOK SIMILAR TO ANYTHING THAT YOU HAVE EVER SEEN BEFORE?

178 A:

NO. IT MAY HAVE BEEN -- IT MAY HAVE BEEN A GAUZE WRAPPER, BUT I'M NOT SURE.

179 Q:

COULD IT HAVE BEEN A SANITARY NAPKIN TYPE WRAPPER?

180 MR. SCHECK:

OBJECTION.

181 THE COURT:

SUSTAINED, LEADING.

182 Q:

BY MR. GOLDBERG: COULD IT HAVE BEEN ANYTHING OTHER THAN A GAUZE?

183 A:

IT COULD HAVE BEEN.

184 Q:

ALL RIGHT. NOW, APPROXIMATELY WHAT TIME DID YOU LEAVE THE ROCKINGHAM LOCATION?

185 A:

WE LEFT THE ROCKINGHAM LOCATION AT APPROXIMATELY TEN O'CLOCK THAT MORNING.

186 Q:

ALL RIGHT. AND WHEN YOU LEFT THIS LOCATION, WOULD YOU HAVE KEPT ON ANY LATEX GLOVES THAT YOU WERE WEARING DURING THE EVIDENCE PROCESSING AND COLLECTION?

187 A:

NO.

188 Q:

WHAT WOULD HAVE HAPPENED TO THOSE?

189 MR. SCHECK:

YOUR HONOR, OBJECTION TO "WOULD HAVE".

190 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

191 Q:

BY MR. GOLDBERG: SIR, DO YOU HAVE A CUSTOM AND PRACTICE WITH RESPECT TO WHAT YOU DO WITH LATEX GLOVES THAT YOU ARE WEARING AT A CRIME SCENE AFTER YOU LEAVE THE SCENE?

192 A:

YES.

193 Q:

WHAT DO YOU DO WITH THEM?

194 A:

I WILL REMOVE THE GLOVES AND PLACE THEM IN A DESIGNATED TRASH BAG.

195 Q:

OKAY. WHEN YOU ARE AT A SCENE, DO YOU WEAR THE SAME PAIR OF GLOVES THROUGHOUT THE ENTIRE SCENE?

196 A:

NO.

197 Q:

WHAT DO YOU DO?

198 A:

I WILL CHANGE MY GLOVES FAIRLY OFTEN.

199 Q:

OKAY. HOW DO YOU DECIDE WHEN TO CHANGE THEM?

200 A:

WHEN THE GLOVES GET DIRTY OR I HAVE TO USE SOME OF MY INSTRUMENTS OR PERSONAL ITEMS, I WILL REMOVE THE GLOVES SO AS NOT TO CONTAMINATE MYSELF OR OTHER ITEMS OF EVIDENCE.

201 Q:

OKAY. NOW, WHEN YOU LEFT ROCKINGHAM THAT MORNING, DID YOU HAVE ANY INFORMATION TO THE EFFECT THAT YOU WERE GOING TO RETURN?

202 A:

YES.

203 Q:

CAN YOU JUST GIVE US IN GENERAL TERMS WHAT YOU WERE TOLD?

204 A:

I WAS TOLD THAT A SEARCH WARRANT WAS BEING OBTAINED AND I MAY BE REQUIRED TO COME BACK TO DO THE INSIDE OF THE RESIDENCE.

205 Q:

OKAY. SO YOU DID NOT GO INSIDE THE RESIDENCE ON JUNE THE 13TH IN THE MORNING?

206 A:

NOT IN THE MORNING.

207 Q:

OKAY. WHERE DID YOU GO AFTER YOU LEFT ROCKINGHAM THAT MORNING?

208 A:

AFTER ROCKINGHAM I PROCEEDED ON TO 875 SOUTH BUNDY.

209 Q:

NOW, WHEN YOU WENT TO 875 SOUTH BUNDY, WHERE WERE THE ITEMS OF EVIDENCE THAT YOU HAD COLLECTED, ITEM NO. 1 THROUGH 10, FROM ROCKINGHAM THAT MORNING?

210 A:

ITEMS 1 THROUGH 10 WERE IN BAGS LOCKED IN THE BACK OF THE CRIME SCENE TRUCK.

211 Q:

OKAY. NOW, BEFORE YOU LEAVE AND ACTUALLY LOOK THOSE BAGS AWAY, INTO THE CRIME SCENE TRUCK, DO YOU DO ANY INVENTORY OR DID YOU DO ANY INVENTORY TO SEE WHAT YOU HAD PRIOR TO LOCKING THEM AWAY?

212 A:

YES.

213 Q:

WHAT DID YOU DO?

214 A:

EACH ITEM THAT WE HAD WRITTEN IN OUR NOTES WAS ACCOUNTED FOR.

215 Q:

SO WHAT DO YOU MEAN BY THAT?

216 A:

WE IDENTIFIED EACH NUMBER INDIVIDUALLY, ITEM NO. 1, ITEM NO. 2, ITEM NO. 3. WE MADE SURE THAT THERE WEREN'T TWO NUMBER 3'S OR MISSING -- MISSING NUMBERS EITHER.

217 MR. SCHECK:

YOUR HONOR, EXCUSE ME. MOVE TO STRIKE THE ANSWER AS BEING NOT RESPONSIVE WITH THE USE OF THE WORD "WE."

218 THE COURT:

OVERRULED.

219 Q:

BY MR. GOLDBERG: DID YOU DO THIS ALONE OR DID YOU DO IT WITH SOMEONE?

220 A:

I DID IT WITH MISS MAZZOLLA.

221 Q:

OKAY. AND WHEN YOU SAY YOU ARE GOING THROUGH TO MAKE SURE YOU DON'T HAVE TWO ITEM NUMBER 1'S OR TWO 2'S OR WHATEVER, DOES THAT MEAN THAT YOU ARE MAKING SURE THAT YOU HAVE ONE COIN ENVELOPE THAT HAS NO. 1 ON IT, ONE COIN ENVELOPE THAT HAS NO. 2, ET CETERA?

222 A:

YES.

223 Q:

OKAY. AND THAT YOU HAVE A TOTAL OF AT THAT TIME TEN ITEMS?

224 A:

YES. NOW, YOU TESTIFIED EARLIER THAT IN THE EIGHTY SOME ODD PAGES OF REPORTS THAT YOU GENERATED IN THIS CASE, AND NOTES, THAT THERE WERE SOME CLERICAL ERRORS?

225 A:

YES.

226 Q:

IS IT REASONABLY POSSIBLE TO MAKE A CLERICAL ERROR OF WRITING DOWN THE WRONG NUMBER ON A COIN ENVELOPE USING THE PROCEDURES THAT YOU USE?

227 MR. SCHECK:

OBJECTION.

228 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

229 MR. GOLDBERG:

OKAY.

230 Q:

COULD YOU MAKE A MISTAKE ON THE COIN ENVELOPE BY WRITING THE WRONG NUMBER ON IT?

231 MR. SCHECK:

OBJECTION.

232 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

233 Q:

BY MR. GOLDBERG: COULD YOU MAKE A MISTAKE ON THE COIN ENVELOPE BY WRITING THE WRONG NUMBER WITHOUT HAVING CAUGHT IT DURING THIS INVENTORY PROCEDURE?

234 MR. SCHECK:

OBJECTION.

235 THE COURT:

SUSTAINED. I DIDN'T HEAR THE GROUNDS.

236 THE COURT:

IT IS LEADING.

237 MR. GOLDBERG:

WHAT?

238 THE COURT:

IT IS LEADING.

239 Q:

BY MR. GOLDBERG: OKAY. SIR, HOW CAREFUL IS THIS PROCEDURE OF WRITING THE NUMBERS ON THE COIN ENVELOPES AND THEN INVENTORYING THEM TO MAKE SURE THAT YOU HAVE THE RIGHT NUMBERS?

240 A:

WE ARE VERY CAREFUL WHEN WE COLLECT EVIDENCE. WE COLLECT EVIDENCE ONE AT A TIME MAKING SURE THAT THE ENVELOPE THAT WE PUT THE EVIDENCE IN IS THE SAME NUMBER AS THE ONE NEXT TO THE CARD.

241 MR. SCHECK:

YOUR HONOR, AGAIN OBJECT. MOVE TO STRIKE AS BEING NOT RESPONSIVE.

242 THE COURT:

OVERRULED.

243 MR. GOLDBERG:

THANK YOU.

244 Q:

HOW CAREFUL ARE YOU WHEN YOU DO THIS INVENTORY AT THE END PRIOR TO LEAVING THE SCENE?

245 MR. SCHECK:

OBJECTION.

246 THE COURT:

IT IS VAGUE, "HOW CAREFUL."

247 MR. GOLDBERG:

I MEAN --

248 THE COURT:

JUST HAVE HIM DESCRIBE THE PROCEDURE.

249 MR. GOLDBERG:

EXCUSE ME.

250 THE COURT:

DESCRIBE THE PROCEDURE.

251 Q:

BY MR. GOLDBERG: WHY DON'T YOU TELL US THE PROCEDURE.

252 THE COURT:

WHAT SAFEGUARDS ARE THERE?

253 Q:

BY MR. GOLDBERG: LET ME START WITH THIS, MR. FUNG: WITH RESPECT TO THE ITEMS IN EVIDENCE AND THEIR PACKAGING, WHERE ARE THOSE WHEN YOU ARE DOING THIS INVENTORY?

254 A:

THE ITEMS ARE IN THE BACK OF THE TRUCK TOGETHER.

255 Q:

OKAY. DO YOU PUT THE ITEMS IN NUMERICAL ORDER OR THEY IN RANDOM ORDER WHEN DO YOU THIS INVENTORY?

256 MR. SCHECK:

OBJECTION. YOUR HONOR, MAY I REQUEST THE WITNESS JUST TESTIFY TO WHAT HE DID?

257 THE COURT:

OVERRULED. REPHRASE THE QUESTION, THOUGH.

258 Q:

BY MR. GOLDBERG: OKAY. WHAT ORDER ARE THE ITEMS IN WHEN DO YOU THIS INVENTORY?

259 A:

THE ITEMS ARE IN NUMERICAL ORDER.

260 Q:

AND THEN HOW DO YOU GO THROUGH THEM?

261 A:

I GO THROUGH THEM SEQUENTIALLY.

262 Q:

FROM 1 TO 10?

263 A:

YES.

264 Q:

APPROXIMATELY WHAT TIME DID YOU ARRIVE AT THE BUNDY LOCATION?

265 A:

I ARRIVED AT THE BUNDY LOCATION AT 10:15 IN THE MORNING.

266 Q:

OKAY. AND WHAT WAS GOING ON THERE AT THE TIME THAT YOU ARRIVED AT 10:15 THAT MORNING OR SO?

267 A:

THE AREA HAD QUITE A BIT OF NEWS MEDIA AROUND AND DETECTIVES AND CORONER PERSONNEL WERE PRESENT.

268 Q:

DID YOU SEE THE CORONER PERSONNEL DOING ANYTHING AT THE SCENE, AS YOU ARRIVED?

269 A:

YES.

270 Q:

WHAT DID THEY APPEAR TO BE DOING?

271 A:

THEY APPEARED TO BE PROCESSING THE BODY OF MISS SIMPSON.

272 Q:

AND WHEN YOU SAY "PROCESSING," WHERE WAS THAT TAKING PLACE?

273 A:

THAT WAS TAKING PLACE AT THE EAST OF THE FRONT GATE.

274 Q:

DO YOU KNOW WHETHER YOU SAW HER IN HER ORIGINAL CONDITION OR DO YOU KNOW WHETHER SHE HAD ALREADY BEEN MOVED BY THE TIME YOU ARRIVED?

275 MR. SCHECK:

OBJECTION.

276 THE COURT:

SUSTAINED. CALLS FOR SPECULATION.

277 Q:

BY MR. GOLDBERG: OKAY. DO YOU KNOW WHETHER -- DID YOU SEE WHETHER THE CORONER'S INVESTIGATORS -- DID YOU SEE WHETHER -- WHEN THE CORONER'S INVESTIGATORS FIRST GOT THERE AND STARTED TOUCHING THE BODY OR WERE THEY ALREADY DOING IT WHEN YOU ARRIVED?

278 A:

THEY WERE ALREADY --

279 MR. SCHECK:

OBJECTION.

280 THE COURT:

OVERRULED.

281 DENNIS FUNG:

THEY WERE ALREADY DOING SOMETHING WHEN I ARRIVED.

282 Q:

BY MR. GOLDBERG: OKAY. WHAT WERE YOU DOING WHILE THAT WAS OCCURRING?

283 A:

I WAS WAITING FOR A BRIEFING FROM DETECTIVE LANGE.

284 Q:

AND AT SOME POINT DID YOU ALSO SEE SOMETHING OCCURRING WITH THE BODY OF RON GOLDMAN?

285 A:

YES.

286 Q:

WHAT DID YOU SEE IN THAT REGARD?

287 A:

I HAD -- I SAW THE -- AT ONE POINT THE BODY OF RON GOLDMAN BEING PROCESSED ALSO. I DIDN'T STAY AROUND FOR THE WHOLE THING. AND THEN I WAS BACK AND FORTH AT THE TRUCK.

288 Q:

OKAY. AT SOME POINT IN TIME DID YOU GET A WALK-THROUGH OF THE LOCATION FROM DETECTIVE LANGE?

289 A:

YES.

290 Q:

WHAT HAPPENED DURING THE WALK-THROUGH?

291 A:

DETECTIVE LANGE TOLD ME OF DIFFERENT ITEMS OF EVIDENCE HE WANTED ME TO COLLECT. HE SHOWED ME SOME CLOTHING IN THE CAGE AREA, SHOWED ME A TRAIL OF WHAT APPEARED TO BE BLOODY FOOTPRINTS AND A TRAIL OF BLOOD LEADING TOWARDS THE WEST END OF THE LOCATION.

292 Q:

NOW, WHEN YOU LOOKED AT THESE ITEMS OF BLOOD DROPS THAT YOU DESCRIBED AS BEING THE TRAIL, WHAT CONDITION DID THEY APPEAR TO BE IN?

293 A:

THEY APPEARED TO BE FRESH BLOOD STAINS.

KEY QUOTE
294 Q:

DID THEY APPEAR STEPPED IN?

295 A:

NO.

296 Q:

NOW, DID YOU BEGIN TO PROCESS THE CRIME SCENE FOR COLLECTING THE EVIDENCE THAT MORNING?

297 A:

YES.

298 Q:

AND DID YOU DO THAT ALONE OR DID YOU ALSO DO THAT WITH ANDREA MAZZOLLA?

299 A:

I DID THAT WITH MISS MAZZOLLA, YES.

300 Q:

IN TERMS OF COLLECTING THE BLOOD STAINS, DID YOU DO THAT AS A TEAM, AS YOU DESCRIBED AT THE ROCKINGHAM LOCATION?

301 A:

YES.

302 MR. SCHECK:

OBJECTION. I DON'T BELIEVE THERE WAS ANY DESCRIPTION.

303 THE COURT:

SUSTAINED. ASSUMES FACTS NOT IN EVIDENCE.

304 Q:

BY MR. GOLDBERG: HOW DID YOU DO IT?

305 THE COURT:

ASSUMES FACTS NOT IN EVIDENCE.

306 Q:

BY MR. GOLDBERG: HOW DID YOU DO IT? HOW WERE THE BLOOD ITEMS COLLECTED?

307 A:

THE BLOOD ITEMS WERE COLLECTED IN THE SAME MANNER THAT WAS DESCRIBED EARLIER ON THE BOARD.

308 Q:

OKAY. USING THE SAME PROCEDURE?

309 A:

YES.

310 Q:

AND WHEN YOU WERE ACTUALLY DOING THE EVIDENCE COLLECTION, I MEAN YOU AND MISS MAZZOLLA, WERE YOU WEARING ANYTHING ON YOUR FEET?

311 A:

YES.

312 Q:

WHAT WERE YOU WEARING ON YOUR FEET?

313 A:

WE WERE -- WE WERE WEARING PROTECTIVE BOOTIES.

314 MR. GOLDBERG:

YOUR HONOR, AT THIS TIME I WOULD LIKE TO SHOW THE WITNESS AN ITEM OF EVIDENCE THAT HAS BEEN MARKED AS PEOPLE'S 163-B FOR IDENTIFICATION.

315 THE COURT:

ALL RIGHT. 163-B.

316 MR. GOLDBERG:

THERE ARE ACTUALLY TWO, WHAT APPEAR TO BE TWO PAPER-LIKE OBJECTS.

317 Q:

SIR, SHOWING YOU THOSE ITEMS, WHAT ARE THEY?

318 A:

THESE ARE THE TYPE OF BOOTIES THAT WE WERE WEARING THAT DAY.

319 Q:

HOW ARE THEY WORN?

320 A:

THEY ARE PLACED OVER OUR SHOES.

321 Q:

CAN YOU JUST HOLD ONE OF THEM UP SO THE JURORS CAN SEE IT ALL?

322 (WITNESS COMPLIES.)
323 Q:

WHAT IS THE PURPOSE OF WEARING THOSE BOOTIES?

324 A:

I WEAR THEM TO PROTECT MY SHOES FROM BIOLOGICAL EVIDENCE.

325 Q:

SO THE BOOTIES ARE TO PROTECT THE WEARER?

326 A:

THAT IS THE MAIN USE FOR THEM, YES.

327 Q:

OKAY. AND DO THE BOOTIES SERVE ANY FUNCTION IN TERMS OF PROTECTING THE CRIME SCENE?

328 MR. SCHECK:

OBJECTION, LEADING.

329 THE COURT:

OVERRULED.

330 (NO AUDIBLE RESPONSE.)
331 MR. GOLDBERG:

I WILL WITHDRAW THE QUESTION AND ASK ANOTHER QUESTION, YOUR HONOR, IF I MIGHT.

332 Q:

SIR, IF YOU WERE TO STEP IN SOME BLOOD AND WITH THE BOOTIES ON AND THEN STEP IN SOME EVIDENCE, DO THE BOOTIES HAVE SOME SORT OF PROPERTY THAT WOULD PREVENT CROSS-CONTAMINATION FROM OCCURRING?

333 A:

NO.

334 Q:

OKAY. ARE THERE ANY DISADVANTAGES TO WEARING BOOTIES AT A CRIME SCENE?

335 A:

YES. BOOTIES ARE SOMEWHAT CUMBERSOME IN THAT THEY ARE MUCH LARGER THAN YOUR REGULAR SHOE, AND THEY COULD TRACK -- THERE IS MORE CHANCE FOR TRACKING OR STEPPING IN SOMETHING THAT YOU DON'T WANT TO STEP IN. ALSO, THEY ARE QUITE SLIPPERY AND YOU COULD INJURE YOURSELF IF YOU ARE NOT CAREFUL.

336 Q:

SO GIVEN THOSE DISADVANTAGES, WHY WERE THEY WORN AT THE BUNDY LOCATION?

337 A:

I WORE THEM BECAUSE I FELT THERE WAS QUITE A BIT OF BLOOD OUT AT THE SCENE AND I JUST DIDN'T WANT TO GET THE BLOOD ON MY SHOES.

338 Q:

OKAY. NOW, WHEN YOU WERE AT THE LOCATION WERE YOU OR MISS MAZZOLLA WEARING ANY LAB COATS?

339 A:

NO.

340 Q:

WERE THE FINGERPRINT PEOPLE WEARING LAB COATS?

341 A:

YES, THEY WERE.

342 Q:

AND YOU TESTIFIED THAT AT CRIME SCENES YOU WOULD BE IN CHARGE OF THE FINGERPRINT PEOPLE?

343 A:

IN SOME CRIME SCENES, YES.

344 Q:

OKAY. DO YOU KNOW WHY THE FINGERPRINT PEOPLE WEAR LAB COATS AT A CRIME SCENE?

345 A:

THE FINGERPRINT PEOPLE WEAR LAB COATS BECAUSE THEY DEAL WITH FINGERPRINT DUST WHICH GETS ALL OVER THE PLACE AND THE DUST CAN RUIN YOUR REGULAR CLOTHES, SO THEY WILL WEAR THE LAB COAT TO PROTECT THEIR CLOTHING.

346 Q:

OKAY. NOW, DID YOU USE THE PROCEDURE THAT YOU HAVE PREVIOUSLY DESCRIBED WHEN YOU WERE TALKING ABOUT HOW A STAIN IS COLLECTED OF LAYING OUT THE NUMBER AND DOING THE MEASURING?

347 A:

YES.

348 MR. SCHECK:

OBJECTION.

349 THE COURT:

OVERRULED.

350 Q:

BY MR. GOLDBERG: AND SINCE YOU KNEW THAT YOU WERE GOING TO GO BACK TO ROCKINGHAM LATER, WHAT NUMBER DID YOU START WITH AT THE BUNDY LOCATION?

351 A:

I STARTED WITH PHOTO I.D. NO. 100.

352 Q:

WHY WAS THAT?

353 A:

THE -- WELL, AS I STATED BEFORE, I KNEW I WOULD HAVE TO RETURN TO ROCKINGHAM, AND I WANTED TO KEEP THE NUMBERS THERE IN SEQUENTIAL ORDER.

354 Q:

OKAY. DOES THAT MEAN THAT WHEN YOU WENT BACK TO ROCKINGHAM YOU WANTED TO -- ITEM NO. 11 TO BE YOUR FIRST ITEM OF EVIDENCE?

355 A:

UPON RETURN, YES.

356 Q:

OKAY. SO WHY DID YOU CHOOSE STARTING WITH 100 INSTEAD OF 50 OR SOME OTHER NUMBER?

357 A:

I FELT THAT THAT WAS A SAFE NUMBER TO USE BECAUSE I DIDN'T BELIEVE I WOULD BE -- I WOULD HAVE ANOTHER NINETY ITEMS OF EVIDENCE TO GO THROUGH AT THE ROCKINGHAM LOCATION THAT DAY.

358 Q:

OKAY. SO THE NUMBER CARDS THAT YOU LAID OUT STARTED WITH 100. WHAT WAS THE LAST ONE?

359 A:

THE LAST ONE --

360 Q:

AT THE BUNDY LOCATION?

361 A:

THE LAST PHOTO I.D. CARD WE USED WAS 119.

362 Q:

AND THOSE ARE PHOTO I.D.'S IS WHAT YOU ARE SAYING?

363 A:

YES.

364 Q:

NOW, AT SOME LATER POINT DID YOU ASSIGN PROPERTY ITEM NUMBERS TO REPLACE THOSE PHOTO I.D. NUMBERS OR IN ADDITION TO THE PHOTO I.D. NUMBERS?

365 A:

YES.

366 Q:

WHEN DID THAT TAKE PLACE?

367 A:

THAT OCCURRED BACK AT THE LABORATORY.

368 Q:

DID YOU ENTER THE PROPERTY IDENTIFICATION NUMBERS THAT YOU EVENTUALLY PLACED ON ITEMS ON THE CRIME SCENE IDENTIFICATION CHECKLIST?

369 A:

YES.

370 Q:

OKAY. SO DOES THAT LIST THEN CORRELATE THE PROPERTY NUMBERS WITH THE PHOTO NUMBERS?

371 A:

YES.

372 Q:

NOW, IN ORDER TO GIVE US SPECIFIC TESTIMONY AS TO THE ITEM NUMBERS, IN OTHER WORDS, PROPERTY NUMBERS, OF VARIOUS PIECES OF EVIDENCE THAT YOU COLLECTED AT THE LOCATION AT BUNDY, WOULD YOU HAVE TO REFER TO YOUR CRIME SCENE IDENTIFICATION CHECKLIST?

373 A:

YES.

374 Q:

OKAY. WITH RESPECT TO THE CAGED OFF AREA THAT YOU REFERRED TO, DID YOU -- WHAT DID YOU -- DID YOU COLLECT AN ITEM NO. 36 FROM THAT -- 35 FROM THAT LOCATION?

375 A:

YES, I DID.

376 Q:

AND WHAT WAS THAT?

377 A:

THAT WAS A SET OF KEYS.

378 Q:

OKAY. DID YOU COLLECT AN ITEM NO. 36 OR WAS ONE COLLECTED IN YOUR PRESENCE?

379 MR. SCHECK:

OBJECTION TO -- COMPOUND QUESTION.

380 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

381 Q:

BY MR. GOLDBERG: DID YOU SEE AN ITEM NO. 36 BEING COLLECTED?

382 A:

YES.

383 Q:

WHAT WAS THAT?

384 A:

THAT WAS A PAGER.

385 Q:

AND WHAT ABOUT ITEM NO. 37? WHAT WAS THAT?

386 A:

37 WAS A GLOVE.

387 Q:

DO YOU REMEMBER WHO SPECIFICALLY COLLECTED THAT ITEM?

388 A:

CRIMINALIST MAZZOLLA COLLECTED THAT.

389 Q:

DID YOU SEE AN ITEM NO. 38 COLLECTED?

390 A:

YES.

391 Q:

WHAT WAS THAT?

392 A:

THAT WAS A BLUE KNIT HAT.

393 Q:

AND AN ITEM NO. 39?

394 A:

YES.

395 Q:

WHAT WAS -- WHAT WAS THAT?

396 A:

ITEM NO. 39 WAS AN ENVELOPE CONTAINING A CLIP -- A PAIR OF GLASSES.

397 Q:

AND WHAT ABOUT 40?

398 A:

40 WAS A RING.

399 Q:

NOW, WITH RESPECT TO THESE ITEMS, HOW DID YOU PACKAGE THOSE? WERE THOSE IN COIN ENVELOPES OR SOME OTHER TYPE OF PACKAGE?

400 A:

THE KEYS AND THE PAGER WERE PLACED IN COIN ENVELOPES. THE GLOVE, THE HAT AND THE ENVELOPE WITH THE GLASSES WERE PLACED IN PAPER BAGS AND THE RING WAS PLACED IN A COIN ENVELOPE.

401 Q:

AND EVENTUALLY WERE THOSE THEN ASSIGNED A DR NUMBER IN OUR CASE THAT YOU PREVIOUSLY READ OUT?

402 A:

YES.

403 MR. GOLDBERG:

YOUR HONOR, AT THIS TIME I WOULD LIKE TO MARK AS PEOPLE'S NEXT IN ORDER, IT IS 165, A MAP OF THE BUNDY LOCATION.

404 THE COURT:

ALL RIGHT. 165. HAVE YOU SHOWN THAT TO COUNSEL?

405 MR. GOLDBERG:

YES.

406 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
407 THE COURT:

THIS IS A CHART, MR. GOLDBERG?

408 MS. CLARK:

YES, YOUR HONOR.

409 (PEO'S 165 FOR ID = CHART)
410 THE COURT:

ALL RIGHT. MR. FAIRTLOUGH, WHY DON'T YOU KEEP THAT CLOSED FOR JUST A SECOND. WHY DON'T YOU CLOSE THAT UP FOR JUST A SECOND. LADIES AND GENTLEMEN, I'M GOING TO TAKE A TEN-MINUTE RECESS AT THIS TIME TO CHANGE COURT REPORTERS. PLEASE REMEMBER MY ADMONITIONS TO YOU. DON'T DISCUSS THE CASE AMONG YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DON'T CONDUCT ANY DELIBERATIONS, DO NOT ALLOW ANYBODY TO COMMUNICATE WITH YOU. JUST STEP BACK IN THE JURY ROOM AND RESUME IN TEN MINUTES AFTER WE CHANGE COURT REPORTERS. MR. FUNG, YOU CAN STEP BACK.

Temperature

procedural

Key Quotes (4)

Dennis Fung
AT 9:30 OR APPROXIMATELY AT 9:30, THE GLOVE WAS COLLECTED AT THAT TIME... THE GLOVE WAS ON THE SOUTH SIDE OF THE RESIDENCE AT ROCKINGHAM.
Establishes the time and location of the Rockingham glove recovery, with Fuhrman as the one who led Fung to it.
Dennis Fung
THAT ITEM WAS ON THE OTHER SIDE OF THE FENCE AND DETECTIVE FUHRMAN COLLECTED IT AND HANDED IT TO ME OVER THE FENCE.
Fuhrman personally handled Item 10 before passing it to Fung — a chain-of-custody detail the defense would later exploit.
Dennis Fung
THEY APPEARED TO BE FRESH BLOOD STAINS.
Fung's assessment of the Bundy blood trail as fresh is significant to the timeline of when the murders occurred and when blood was deposited.
Dennis Fung
THE ITEM APPEARED TO HAVE SOME BROWNISH REDDISH STAINS ON THEM. IT WAS -- APPEARED TO ME TO BE SOMEWHAT DRY WITH SOME SHINY AREAS ON IT.
Description of the Rockingham glove's condition at collection — the wet/dry question bears on how recently blood was deposited.

Evidence (7)

People's 163-C
Pair of latex gloves, demonstrative exhibit of type used at crime scenes
introduced, shown to witness for identification
People's 164
Box containing evidence items 9, 10, 18, and 27 booked under DR# 94-0817431 to Nicole Simpson
introduced, opened by witness
Informal
Item 9 — Rockingham glove with brownish-reddish stains, collected from south side of Rockingham residence
removed from packaging, displayed to jury, repackaged
Informal
Item 10 — blue soft plastic bag or container of unknown type, collected by Fuhrman and handed over fence to Fung
discussed, packaging displayed
People's 163-B
Paper booties of the type worn by Fung and Mazzolla at the Bundy scene
introduced, demonstrated to jury
People's 165
Chart/map of the Bundy location
marked for identification, not yet displayed at time of recess
+ 1 more

Notable Exchanges (3)

Hank GoldbergBarry ScheckLance A. Ito
Goldberg repeatedly attempted to ask whether Fung could have written the wrong number on a coin envelope without catching it — three successive phrasings were all sustained as leading. Ito finally redirected Goldberg to just ask Fung to describe the procedure.
strategic
Dennis FungHank Goldberg
Fung confirms that Fuhrman personally retrieved Item 10 from the other side of the fence and handed it over to him — establishing Fuhrman's direct handling of evidence.
revealing
Dennis FungHank Goldberg
Fung explains he started photo ID numbering at 100 for Bundy (rather than continuing from 10) so Rockingham items could resume at 11 upon return — demonstrating deliberate numbering methodology.
procedural

Light Moments (2)

Lance A. Ito
When Goldberg realized he had no latex gloves and had to ask the court for some, Judge Ito quipped 'I guess you weren't a Boy Scout.'
Hank Goldberg / Dennis Fung
Goldberg described the colorful tape on the coin envelope as 'kind of festive looking.' Fung deadpanned a correction: 'Red, yellow and blue.'

Credibility Attacks (1)

⚔ Dennis Fung
objection strategy / procedure challenge
Scheck repeatedly objected to Goldberg's use of 'would have' and hypothetical framings, forcing testimony to stay grounded in actual memory rather than reconstructed procedure — implicitly suggesting Fung may not remember what he actually did.

Witness Demeanor

(WITNESS COMPLIES.) repeated throughout — methodical, cooperative
(NO AUDIBLE RESPONSE.) on two occasions when questions were unclear or compound

Objections

14 objections (8 sustained, 6 overruled)
Proceeding 5559 • 410 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 APR 3, 1995 📄 Direct examination of Dennis F
APR 3, 1995 KRT DvH TD