Direct examination of Dennis Fung (afternoon, part 2)

📄 Direct examination of Dennis Fung (afternoon, part 2) — Monday, April 3, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\3\DIRECT-EXAMINATION-OF-DENNIS-F.DOC

TRIAL

▲ Day 50 of 167

◀ Pre-jury discussion Sidebar: exhibit 166 ▶

Witness: Dennis Fung
Examiner: Hank Goldberg
Called by: Prosecution • Date: Monday, April 3, 1995 • Utterances: 149

Hank Goldberg continues his direct examination of LAPD criminalist Dennis Fung, walking methodically through a diagram (People's 165) showing the locations of biological evidence collected at the Bundy Drive crime scene. Fung identifies items 41–57, explaining where each blood stain was collected and its purpose (references for the male and female victims, shoeprints, etc.). Near the end, Goldberg begins to introduce a photograph of the rear gate (People's 166), prompting Barry Scheck to request a sidebar.

# 1 THE COURT:

ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. BE SEATED. THE RECORD SHOULD REFLECT WE'VE BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. MR. DENNIS FUNG IS STILL ON THE WITNESS STAND UNDERGOING DIRECT EXAMINATION BY MR. GOLDBERG. GOOD AFTERNOON AGAIN, MR. FUNG.

# 2 DENNIS FUNG:

GOOD AFTERNOON.

# 3 THE COURT:

YOU ARE REMINDED YOU ARE STILL UNDER OATH, SIR. AND, MR. GOLDBERG, YOU MAY CONTINUE WITH YOUR DIRECT EXAMINATION.

# 4 MR. GOLDBERG:

THANK YOU.

# 5 Q:

BY MR. GOLDBERG: SIR, DIRECTING YOUR ATTENTION TO THE DIAGRAM THAT'S BEEN MARKED AS PEOPLE'S 165 FOR IDENTIFICATION, DO YOU RECOGNIZE THAT?

# 6 A:

YES, I DO.

# 7 Q:

AND WHAT DOES THAT DEPICT?

# 8 A:

THIS DEPICTS THE DIFFERENT AREAS FROM WHICH I HAD COLLECTED VARIOUS ITEMS OF EVIDENCE, BIOLOGICAL EVIDENCE.

# 9 Q:

HAVE YOU HAD THE OPPORTUNITY TO TAKE A LOOK AT THIS DIAGRAM PRIOR TO TODAY TO MAKE SURE THAT IT WAS CORRECT?

# 10 A:

YES.

# 11 Q:

AND WHEN THIS DIAGRAM WAS BEING MADE, DID YOU HAVE THE OPPORTUNITY TO LOOK AT VERSIONS OF IT IN ORDER TO MAKE SURE THEY WERE CORRECT IN TERMS OF THE MEASUREMENTS AND THE LOCATIONS THAT ITEMS WERE FOUND?

# 12 A:

YES.

# 13 Q:

OKAY. NOW, STARTING WITH ITEM NO. 41 ON THIS CHART, CAN YOU TELL US WHERE THAT IS? OH, I'M SORRY. WHAT WAS THE FIRST ITEM, SIR, THAT YOU COLLECTED, THE FIRST STAIN THAT WAS COLLECTED AT BUNDY?

# 14 A:

THAT WOULD BE ITEM 41 WHICH IS --

# 15 Q:

IT'S NOT ON -- IT DOESN'T APPEAR TO BE ON HERE.

# 16 A:

NO.

# 17 Q:

WHERE WAS ITEM 41 COLLECTED FROM?

# 18 A:

THAT WAS COLLECTED FROM A STUMP IN THIS AREA HERE (INDICATING).

# 19 MR. GOLDBERG:

FOR THE RECORD, HE'S REFERRING TO THE AREA THAT HAS BEEN DESCRIBED AS THE FENCED-OFF AREA THAT'S ON THE NORTH SIDE OF THE WALKWAY.

# 20 THE COURT:

YES.

# 21 Q:

BY MR. GOLDBERG: AND FOR WHAT PURPOSE WAS ITEM 41 COLLECTED?

# 22 A:

ITEM 41 WAS COLLECTED AS A REFERENCE FOR THE MALE VICTIM.

KEY QUOTE

# 23 Q:

WELL, WHEN YOU SAY --

# 24 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 25 Q:

BY MR. GOLDBERG: NOW, WHEN YOU SAY THAT IT WAS COLLECTED FOR A REFERENCE FOR THE VICTIM, WHAT DO YOU MEAN BY THAT?

# 26 A:

THAT WAS WHERE THE MALE VICTIM WAS -- HAD BEEN AND THAT WAS WHERE HE HAD BLED.

# 27 Q:

OKAY. NOW, WITH RESPECT TO ITEM NO. 42, IS THAT DEPICTED ON THIS CHART?

# 28 A:

YES. ITEM 42 IS DEPICTED HERE (INDICATING).

# 29 Q:

NOW, THAT HAS A LITTLE PHOTO CARD. MAYBE WE CAN HAVE THAT ONE UP THERE, ITEM 42.

# 30 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 31 Q:

BY MR. GOLDBERG: SIR, THAT HAS A CARD IN IT --

# 32 THE COURT:

HOLD ON.

# 33 MR. SCHECK:

WE'RE NOT GETTING --

# 34 THE COURT:

SMALL MONITOR DOWN BELOW.

JUROR NO 1, CAN YOU SEE THAT?

# 35 JUROR NO. 1:

YES.

# 36 THE COURT:

THANK YOU.

# 37 Q:

BY MR. GOLDBERG: THAT HAS A CARD IN IT THAT SAYS 107; IS THAT CORRECT?

# 38 A:

YES.

# 39 Q:

NOW, WHAT DOES THAT 107 REPRESENT?

# 40 A:

107 IS A PHOTO ID CARD REPRESENTING THE STAIN AT THE BASE OF THE STEP RIGHT HERE (INDICATING).

# 41 Q:

AND THAT WAS EVENTUALLY ASSIGNED ITEM NO. 42?

# 42 A:

YES.

# 43 Q:

NOW, WHERE SPECIFICALLY WAS THAT TAPE TAKEN FROM?

# 44 A:

UMM, YOU WANT ME TO SHOW YOU ON THE NOTES OR I MEAN ON THE PHOTOGRAPH OR --

# 45 Q:

MAYBE YOU CAN SHOW US ON THE DIAGRAM.

# 46 A:

ON THE DIAGRAM, IT WAS COLLECTED FROM RIGHT WHERE THIS DOT HERE INDICATES (INDICATING).

# 47 Q:

WHERE THE CALL OUTLINE IS THAT LEADS TO 42?

# 48 A:

YES.

# 49 Q:

WELL, HOW CLOSE TO THE RISER OF THE FIRST STEP WAS THAT STAIN COLLECTED?

# 50 A:

WITHIN INCHES. ONE OR TWO INCHES.

# 51 Q:

AND FOR WHAT PURPOSE WAS THE STAIN COLLECTED?

# 52 A:

THAT WAS COLLECTED AS A REFERENCE FOR THE FEMALE VICTIM.

# 53 Q:

SO WHEN YOU SAY "REFERENCE FOR THE FEMALE VICTIM," IS THAT AGAIN SOMETHING THAT YOU BELIEVE TO REPRESENT THE FEMALE VICTIM'S BLOOD?

# 54 A:

YES.

# 55 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 56 Q:

BY MR. GOLDBERG: NOW, SIR, DIRECTING YOUR ATTENTION TO ITEM 44 FOR IDENTIFICATION -- PERHAPS WE COULD HAVE THAT PHOTO -- WHERE WAS THAT COLLECTED FROM?

# 57 A:

THAT WAS COLLECTED FROM THE NORTH GATE OR THE NORTH FENCE AREA RIGHT HERE (INDICATING).

# 58 Q:

OKAY. AND THAT WAS ORIGINALLY ASSIGNED PHOTO ID NUMBER?

# 59 A:

109.

# 60 Q:

OKAY. DOES THE CALL OUTLINE ACCURATELY PORTRAY WHERE THAT WAS TAKEN FROM, THE FENCE WHERE THAT WAS TAKEN FROM?

# 61 A:

YES.

# 62 Q:

NEXT DIRECTING YOUR ATTENTION TO ITEM NO 47. IF WE COULD HAVE THAT PICTURE.

# 63 A:

47 WAS COLLECTED ALONG THE NORTH WALKWAY AND IT IS -- IT WAS COLLECTED RIGHT HERE (INDICATING).

# 64 Q:

SO AGAIN, THE CALL OUTLINE SHOWS WHERE THAT WAS COLLECTED?

# 65 A:

PRETTY CLOSE. WITHIN -- ON THIS DIAGRAM, WITHIN SIX INCHES.

# 66 Q:

OKAY. AND WHAT ABOUT THE PHOTO ID NUMBER? WAS THAT ITEM 112 AS SHOWN ON THE PHOTOGRAPH?

# 67 A:

YES.

# 68 Q:

AND DIRECTING YOUR ATTENTION NOW TO 48, ITEM 48.

# 69 A:

ITEM 48 WAS COLLECTED HERE (INDICATING).

# 70 Q:

IN THE AREA WHERE THE CALL OUTLINE SUGGESTS?

# 71 A:

YES.

# 72 Q:

AND BY THE WAY, WHAT IS THE MARGIN OF ERROR WOULD YOU SAY ON THE CALL OUTLINES ON THIS DIAGRAM?

# 73 A:

THEY'RE WITHIN INCHES, MAYBE A FOOT AT THE MOST OF DIFFERENCE.

# 74 Q:

OKAY. SO WE'RE TALKING ABOUT FAIRLY GENERAL -- WELL, NOT GENERAL LOCATIONS, BUT THERE IS SOME MARGIN OF ERROR ON THIS CHART?

# 75 A:

YES.

# 76 Q:

ALL RIGHT. AND WITH RESPECT TO ITEM 49 FOR IDENTIFICATION, DOES THIS CHART DEPICT WHERE THAT WAS LOCATED?

# 77 A:

YES, IT DOES. 49 WAS COLLECTED FROM THE STEPS, AND THAT IS RIGHT HERE (INDICATING).

# 78 Q:

OKAY. AND NOW DIRECTING YOUR ATTENTION TO ITEM 52 FOR IDENTIFICATION -- EXCUSE ME. LET'S DO 50 FIRST FOR IDENTIFICATION. I MEAN ITEM NO. 50. DOES THIS CHART SHOW WHERE THAT WAS LOCATED?

# 79 A:

YES, IT DOES.

# 80 Q:

WAS THAT LOCATED ON -- WHERE IN REFERENCE TO THE BACK GATE WAS THAT?

# 81 A:

THAT IS EAST OF THE BACK GATE.

# 82 Q:

OKAY. AND NOW ITEM NO. 52 ON THIS CHART, WHERE WAS --

# 83 A:

ITEM 52 WAS RECOVERED FROM THE DRIVEWAY THAT IS DEPICTED HERE (INDICATING).

# 84 Q:

AND AGAIN, AS WITH THE REST OF THE ITEMS THAT I'VE ASKED ABOUT, THE PHOTO ID NUMBER IS REPRESENTED IN THE PHOTO ITSELF?

# 85 A:

YES.

# 86 Q:

AND NOW WITH RESPECT TO ITEM NO. 54 FOR IDENTIFICATION, WHERE WAS THAT COLLECTED FROM?

# 87 A:

ITEM 54 WAS COLLECTED FROM THE CORNER OF THE FRONT GATE.

# 88 Q:

OKAY. NOW, THERE ARE TWO PHOTOGRAPHS ON THE DIAGRAM THAT'S BEEN MARKED 165 THAT APPEAR TO HAVE A CARD IN THEM WITH 119. DO BOTH OF THOSE DEPICT WHAT WAS EVENTUALLY ASSIGNED ITEM NO. 54?

# 89 A:

YES.

# 90 Q:

ONE IS A CLOSE-UP OF THE OTHER?

# 91 A:

YES.

# 92 Q:

AND 51, WHERE WAS THAT COLLECTED FROM?

# 93 A:

51 WAS COLLECTED FROM THIS SOUTH FENCE RIGHT HERE (INDICATING).

# 94 Q:

OKAY. NOW, WHICH SIDE -- IF YOU CAN LOOK AT THE PHOTOGRAPH THAT HAS THE 160 CARD. IS THAT 160 CARD ON THE NORTH SIDE OF THE FENCE OR ON THE SOUTH SIDE OF THE FENCE?

# 95 A:

THAT'S ON THE NORTH SIDE OF THE FENCE.

# 96 Q:

OKAY. THE SIDE CLOSEST TO WHERE NICOLE BROWN'S BODY WOULD HAVE BEEN?

KEY QUOTE

# 97 A:

YES.

# 98 Q:

ALL RIGHT. NOW, THERE'S ALSO AN ITEM THAT WE DON'T HAVE A PHOTOGRAPH FOR, ITEM NO. 57 THAT SAYS LABEL IN THE RIGHT-HAND CORNER OF THE CHART JUST ABOVE WHERE IT SAYS ITEM NO 54.

# 99 A:

YES. THERE WAS A -- SOME TYPE OF LABEL COLLECTED FROM THE WALKWAY, AND THAT WAS LOCATED RIGHT HERE (INDICATING).

# 100 Q:

SO THE CALL OUTLINE AGAIN INDICATES THE GENERAL LOCATION THAT THAT WAS FOUND?

# 101 A:

YES.

# 102 Q:

WHAT WAS THE PURPOSE AGAIN OF -- WHY WAS THIS LABEL COLLECTED?

# 103 A:

THAT LABEL WAS COLLECTED AT THE REQUEST OF DETECTIVE LANGE.

# 104 Q:

AND WHAT DID THE LABEL SAY ON IT?

# 105 A:

REFERRING TO MY NOTES, THE LABEL SAID BONITA ECUADOR.

KEY QUOTE

# 106 Q:

NOW, WE ALSO HAVE TWO PHOTOGRAPHS UP HERE THAT APPEAR TO DEPICT SHOEPRINTS; IS THAT CORRECT?

# 107 A:

YES.

# 108 Q:

LOOKING FIRST AT ITEM NO. 55. MAYBE WE COULD HAVE 55. DOES THE CALL OUT INDICATE ON THE CHART, PEOPLE'S 165, THE LOCATION WHERE THIS STAIN WAS COLLECTED FROM?

# 109 A:

IT'S FAIRLY CLOSE. IT WAS MORE -- A LITTLE MORE EAST.

# 110 Q:

OKAY. NOW, DIRECTING YOUR ATTENTION TO ITEM NO. 56.

# 111 A:

56 WAS ALSO JUST A LITTLE MORE EAST.

# 112 Q:

EAST OF WHERE THE CALL OUTLINE SAYS IT WAS?

# 113 A:

YES.

# 114 Q:

SO IN REVIEWING THESE PHOTOGRAPHS, ALL THE PHOTOGRAPHS ON THIS BUNDY DRIVE BIOLOGICAL EVIDENCE BOARD, PEOPLE'S 165, DID YOU COMPARE THEM AGAINST YOUR NOTES TO MAKE SURE THAT THE PHOTO ID NUMBERS AND THE ITEM NUMBERS CORRESPONDED?

# 115 A:

YES.

# 116 Q:

AND THAT THE GENERAL LOCATIONS THAT THE CALL OUTLINES HAD THEM WERE DEPICTED, THE GENERAL LOCATION WHERE IT WAS FOUND?

# 117 A:

YES.

# 118 Q:

NOW, AT SOME LATER POINT ON JULY THE 3RD OF 1994, DID YOU RETURN TO THE BUNDY LOCATION FOR THE PURPOSE OF COLLECTING SOME ADDITIONAL STAINS?

# 119 A:

YES.

# 120 Q:

AND HOW WAS IT THAT YOU GOT NOTIFIED TO RETURN TO THE LOCATION?

# 121 A:

I WAS REQUESTED TO RESPOND TO 875 SOUTH BUNDY BY TELEPHONE. LIEUTENANT OR DETECTIVE LANGE CALLED ME.

# 122 Q:

APPROXIMATELY WHAT TIME DID YOU ARRIVE AT BUNDY ON THIS DATE?

# 123 A:

I ARRIVED THERE AT 11:30.

# 124 Q:

WHAT DID YOU SEE WHEN YOU ARRIVED?

# 125 A:

I SAW BROWN COLORED STAINS ON THE REAR GATE.

KEY QUOTE

# 126 Q:

ON THE REAR GATE, ARE YOU TALKING ABOUT ON THIS DIAGRAM, PEOPLE'S 165, THAT HAS BEEN LABELED THE BACK GATE?

# 127 A:

YES. RIGHT HERE (INDICATING).

# 128 Q:

APPROXIMATELY WHAT TIME DID YOU COLLECT THOSE STAINS?

# 129 A:

I COLLECTED THEM AT APPROXIMATELY 1:45 IN THE AFTERNOON.

# 130 Q:

OKAY. NOW, DIRECTING YOUR ATTENTION BACK TO THE DIAGRAM, 165 FOR IDENTIFICATION, ITEM NO. 50 HAS A CARD IN IT, PHOTO NO. 115; IS THAT CORRECT?

# 131 A:

YES.

# 132 Q:

OKAY. AND ITEM NO. 115 AND 116 ALSO CONTAINS A CARD WITH A NUMBER 115; IS THAT CORRECT?

# 133 A:

YES.

# 134 Q:

SO THERE ARE TWO 115'S?

# 135 A:

YES.

# 136 Q:

ONE 115 IS FROM THE 13TH AND THE OTHER FROM JULY THE 3RD?

# 137 A:

YES.

# 138 Q:

OKAY. NOW, DID YOU HAVE OCCASION, MR. FUNG, TO TAKE A LOOK AT SOME PHOTOGRAPHS THAT WERE SHOT ON JUNE THE 13TH PRIOR TO TESTIFYING HERE TODAY?

# 139 A:

YES.

# 140 MR. GOLDBERG:

YOUR HONOR, AT THIS TIME, I WOULD LIKE TO MARK AS PEOPLE'S 166 FOR IDENTIFICATION --

# 141 THE COURT:

ALL RIGHT. 166.

# 142 MR. GOLDBERG:

-- WHAT APPEARS TO BE A PHOTOGRAPH OF THE REAR GATE, AND I'LL PLACE A 166 ON THE REVERSE SIDE OF THAT.

# 143 THE COURT:

ALL RIGHT.

# 144 (PEO'S 166 FOR ID = PHOTOGRAPH)

# 145 MR. GOLDBERG:

PERHAPS WE COULD HAVE ITS --

# 146 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 147 MR. SCHECK:

CAN WE APPROACH?

# 148 MR. GOLDBERG:

APPARENTLY COUNSEL WANTS TO APPROACH, YOUR HONOR.

# 149 THE COURT:

WITH THE COURT REPORTER, PLEASE. MR. FUNG, WHY DON'T YOU TAKE A SEAT.

Temperature

procedural

Key Quotes (4)

Dennis Fung

ITEM 41 WAS COLLECTED AS A REFERENCE FOR THE MALE VICTIM.

Establishes that Ron Goldman's blood was used as a reference sample collected from the crime scene.

Dennis Fung

THE LABEL SAID BONITA ECUADOR.

Unusual item collected at Detective Lange's request from the walkway — a label unrelated to biological evidence, raising potential questions about what investigators were looking for.

Dennis Fung

I SAW BROWN COLORED STAINS ON THE REAR GATE.

Describes what Fung observed when he returned to Bundy on July 3rd, setting up testimony about the back-gate blood stains — evidence that became highly contested.

Hank Goldberg

THE SIDE CLOSEST TO WHERE NICOLE BROWN'S BODY WOULD HAVE BEEN?

Goldberg uses a leading question to anchor item 51 geographically to Nicole Brown's location.

Evidence (12)

People's 165

Diagram depicting locations of biological evidence collected at 875 South Bundy Drive

discussed, used to locate items 41–57

People's 166

Photograph of the rear gate at Bundy Drive

introduced for identification; sidebar requested before publication

Informal

Item 41 — blood reference sample for male victim (Ron Goldman), collected from stump in fenced-off area north of walkway

discussed

Informal

Item 42 — blood reference sample for female victim (Nicole Brown), collected within inches of base of first step

discussed

Informal

Item 44 — stain from north fence/gate area

discussed

Informal

Items 47, 48, 49 — stains along north walkway and steps

discussed

+ 6 more

Notable Exchanges (2)

Barry Scheck•Hank Goldberg•Lance A. Ito

As Goldberg begins to introduce People's 166 (rear gate photograph), Scheck immediately requests to approach the bench, halting the introduction before the jury can see it.

strategic

Hank Goldberg•Dennis Fung

Goldberg asks Fung to confirm the margin of error on the diagram's call outlines; Fung says within inches to a foot, and notes items 55 and 56 were actually slightly east of their depicted positions.

procedural

Objections

None recorded

Proceeding 5546 • 149 utterances • Prosecution witness

Criminal Trial

Department 103