Direct examination of Dennis Fung (afternoon, part 3)

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

Address:

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

TRIAL

▲ Day 50 of 167

◀ Sidebar: exhibit 166 Motion: phenolphthalein test admissibility ▶

Witness: Dennis Fung
Examiner: Hank Goldberg
Called by: Prosecution • Date: Monday, April 3, 1995 • Utterances: 182

Goldberg continues direct examination of criminalist Dennis Fung, focusing on blood stain collection at Bundy, stride analysis of the shoeprints to determine whether the killer was running or walking, and the numbering system for photo IDs versus item numbers. Fung explains his methodology for documenting the crime scene and confirms the evidence was secured in a locked crime scene truck throughout the day.

# 1 THE COURT:

MR. GOLDBERG, YOU MAY CONTINUE. PEOPLE'S 166.

# 2 Q:

BY MR. GOLDBERG: SIR, SHOWING YOU PEOPLE'S 166 FOR IDENTIFICATION, DID YOU HAVE THE OPPORTUNITY TO TAKE A LOOK AT THIS PHOTOGRAPH PRIOR TO YOUR TESTIMONY HERE?

# 3 A:

YES.

# 4 Q:

DID YOU LOOK AT IT WITH A MAGNIFYING GLASS?

# 5 A:

YES, I DID.

# 6 Q:

AND IS THIS A PHOTOGRAPH THAT WAS TAKEN ON THE 16TH OF JUNE? I MEAN THE 13TH OF JUNE. SORRY.

# 7 A:

13TH OF JUNE, YES.

# 8 Q:

DID YOU HAVE THE OPPORTUNITY TO COMPARE THAT PHOTOGRAPH TO THE PHOTOGRAPHS WHICH WERE TAKEN ON JULY THE 3RD AT THE TIME THAT YOU COLLECTED 15, 16 AND 17 -- 115, 116 AND 117?

# 9 A:

YES.

# 10 Q:

DOES THAT APPEAR TO BE IN THE SAME LOCATION AND THE SAME CONFIGURATION AS THE STAIN THAT WAS COLLECTED ON THE 13TH?

# 11 A:

YES.

# 12 Q:

ALL RIGHT.

# 13 MR. SCHECK:

EXCUSE ME. ON THE 13TH?

# 14 THE COURT:

THAT'S WHAT I HEARD.

# 15 Q:

BY MR. GOLDBERG: I MEAN, DOES THE STAIN IN THE 13TH PHOTOGRAPH APPEAR TO BE IN THE SAME CONFIGURATION AND SAME LOCATION AS THE STAIN THAT WAS COLLECTED ON JULY THE 3RD?

# 16 A:

YES.

# 17 Q:

ALL RIGHT. NOW, DO YOU SPECIFICALLY RECALL HAVING SEEN THAT STAIN WHEN YOU WERE AT THE LOCATION ON THE 13TH?

# 18 A:

NO, I DO NOT.

# 19 Q:

OKAY. DO YOU KNOW WHETHER ANY -- DO YOU HAVE A SPECIFIC RECALL OF WHETHER IT WAS POINTED OUT TO YOU?

# 20 A:

NO, I DO NOT.

# 21 Q:

YOU DON'T RECALL ONE WAY OR THE OTHER?

# 22 A:

NO, I DON'T.

# 23 Q:

HAD YOU KNOWN OF THAT, HAD YOU SEEN IT YOURSELF, WOULD YOU HAVE COLLECTED THAT?

# 24 A:

YES.

# 25 Q:

NOW, YOU SAID THAT IT WAS YOUR PRACTICE TO COLLECT REPRESENTATIVE SAMPLES. WHY WOULD YOU HAVE COLLECTED THIS STAIN?

# 26 A:

THIS STAIN WAS ON A DIFFERENT MEDIUM THAN THE GROUND AND IT WAS A LOCATION THAT WAS RELEVANT TO THE CRIME.

# 27 Q:

OKAY. SO IF YOU HAD THE OPPORTUNITY TO GO BACK AND REPROCESS THE CRIME SCENE AT BUNDY, IF YOU COULD DO THE 13TH ALL OVER AGAIN, WOULD OF YOU HAVE LIKED TO HAVE COLLECTED THE STAIN?

# 28 A:

ABSOLUTELY.

# 29 Q:

NOW, GETTING BACK TO THE PHOTOGRAPHS THAT WERE TAKEN ON JULY THE 3RD SHOWING 115, CAN YOU EXPLAIN TO US WHY THERE'S A PHOTOGRAPH NO. 115 TAKEN ON THE 13TH AND A NO. 115 IN THE PHOTOGRAPHS ON JULY THE 3RD?

# 30 A:

THE PHOTO ID 115 WHICH CORRESPONDS TO ITEM 50 WAS TAKEN ON -- WAS DONE ON JUNE 13TH WHEN -- BEFORE ITEM NUMBERS COULD BE ASSIGNED.

# 31 Q:

AND THAT WAS WHEN YOU WERE ASSIGNING PHOTO NUMBERS 100 THROUGH I THINK YOU SAID 119; IS THAT CORRECT?

# 32 A:

YES.

# 33 Q:

CAN YOU CONTINUE YOUR EXPLANATION AS TO THE TWO 115'S?

# 34 A:

BY JULY THE 3RD, 114 ITEMS OF EVIDENCE HAD BEEN BOOKED INTO PROPERTY DIVISION AND THAT WAS THE NEXT ITEM NUMBER THAT WAS GOING TO BE USED, AND IT IS PREFERABLE TO HAVE THE ITEM NUMBERS AND THE PHOTO ID NUMBERS COINCIDE SO WHEN WE GET TO THE TRIAL PHASE, THE JURY ISN'T CONFUSED.

# 35 Q:

AND THE ATTORNEYS TOO.

# 36 A:

YES.

# 37 Q:

OKAY.

# 38 MR. GOLDBERG:

YOUR HONOR, PERHAPS I COULD MAKE A PEOPLE'S 166-A OF THE ITEM THAT WAS SHOWN ON THE COURT'S SCREEN OF 166.

# 39 THE COURT:

ALL RIGHT. 166-A, HARD COPY.

# 40 (PEOPLE'S 166-A FOR ID = HARD COPY OF SCREEN.)

# 41 Q:

BY MR. GOLDBERG: NOW, WITH RESPECT TO THE THREE STAINS THAT WERE COLLECTED ON JULY THE 3RD, DID YOU USE THE SAME TECHNIQUE IN TERMS OF WHAT HAPPENED TO THE STAINS TO TRY TO DRY AND PACKAGE THEM AS YOU DID WITH THE STAINS YOU COLLECTED ON THE 13TH?

# 42 A:

YES.

# 43 Q:

ALL RIGHT. NOW, GETTING BACK TO JUNE THE 13TH AND THE LOCATION OF 875 SOUTH BUNDY, DID ANY OF THE BLOOD DROPS AT THAT LOCATION APPEAR TO BE STEPPED IN?

# 44 A:

ALONG THE TRAIL, NO.

# 45 Q:

OKAY. AND ALONG THE TRAIL, YOU MEAN WHICH ITEM NUMBERS THROUGH WHICH ITEM NUMBERS?

# 46 A:

I AM REFERRING TO ITEM NOS. 112 OR -- EXCUSE ME. THOSE ARE PHOTO ID NUMBERS. ITEMS NOS. 47, 48, 49, 50 AND 52.

# 47 Q:

WHEN YOU WERE OUT AT THE SCENE AND LOOKING AT THESE VARIOUS BLOOD DOTS AS WELL AS THE SHOEPRINTS, DID DETECTIVE LANGE ASK YOU TO DO ANYTHING IN PARTICULAR IN TERMS OF DOCUMENTING OR ANALYZING THOSE SHOEPRINTS AND THE BLOOD DOTS?

# 48 A:

YES, HE DID.

# 49 Q:

WHAT DID HE ASK YOU TO DO?

# 50 A:

HE ASKED ME TO MEASURE AND DOCUMENT THE DIFFERENT SHOE -- SHOEPRINTS.

# 51 Q:

AND HOW DID YOU MEASURE THE SHOEPRINTS?

# 52 A:

I PLACED A TAPE MEASURE DOWN AND MEASURED THEM WITH REFERENCE TO ITEMS THAT ARE IMMOVABLE WITHIN THE RESIDENCE.

# 53 Q:

SO YOU DOCUMENTED THE MEASUREMENTS OF THE VARIOUS SHOEPRINTS?

# 54 A:

YES.

# 55 Q:

DID YOU ALSO DOCUMENT THE MEASUREMENTS OF THE VARIOUS BLOOD DOTS ON WHAT YOU'VE DESCRIBED AS THE TRAIL?

# 56 A:

YES.

# 57 Q:

OKAY. AND FOR WHAT PURPOSE DID DETECTIVE LANGE SAY HE WANTED YOU TO LOOK AT IT, TO DETERMINE WHAT?

# 58 MR. SCHECK:

OBJECTION. CALLS FOR SPECULATION.

# 59 THE COURT:

SUSTAINED.

# 60 MR. GOLDBERG:

WELL, I ASKED HIM WHAT HE SAID.

# 61 THE COURT:

BUT -- WHY DON'T YOU REPHRASE THE QUESTION.

# 62 Q:

BY MR. GOLDBERG: OKAY. WHEN DETECTIVE LANGE SAID SOMETHING TO YOU, SAID HE WANTED YOU TO LOOK AT THOSE, WHAT DID HE SAY HE WANTED YOU TO LOOK AT THEM FOR?

# 63 A:

HE WANTED ME TO DO A -- I THINK HIS TERM IS -- THE WORD HE USES ESCAPES ME RIGHT NOW. I'M SORRY.

# 64 Q:

DID HE USE A TERM THAT WASN'T TYPICALLY USED ANY LONGER -- THAT YOU DO NOT USE AS A CRIMINALIST?

# 65 A:

YES.

# 66 Q:

DID IT HAVE TO DO WITH THE STRIDES?

# 67 A:

STRIDE ANALYSIS, YES.

# 68 Q:

OKAY. AND WHAT, IF ANYTHING, WERE YOU TRYING TO DETERMINE BY MEASURING THE FOOTPRINTS AND THE BLOOD DOTS?

# 69 A:

I WAS -- I WAS ASKED TO DETERMINE WHETHER THE PERSON WAS RUNNING OR WALKING.

KEY QUOTE

# 70 Q:

OKAY. AND WHAT KINDS OF FACTORS DID YOU LOOK AT IN ORDER TO MAKE THAT DETERMINATION?

# 71 A:

I LOOKED AT THE DISTANCE BETWEEN THE SHOEPRINTS. I LOOKED AT THE PRINTS -- SHOEPRINTS THEMSELVES TO SEE IF THERE WAS ANY SPLASHING EFFECT AND I LOOKED AT THE BLOODSTAINS TO THE LEFT OF THE SHOEPRINTS TO DETERMINE IF THERE WAS ANY TRAILING OR NOT.

# 72 Q:

OKAY. WELL, LET'S BREAK THAT DOWN FOR A SECOND. FIRST OF ALL, DID YOU MAKE ANY PRELIMINARY DETERMINATION AS TO THE SHOE SIZE?

# 73 A:

YES.

# 74 Q:

WHAT WAS YOUR PRELIMINARY DETERMINATION?

# 75 A:

THE PRELIMINARY DETERMINATION WAS THAT IT WAS A LARGE SHOE SIZE CONSISTENT WITH BEING WORN BY AN ADULT.

KEY QUOTE

# 76 Q:

OKAY. AND YOU SAID THAT ONE OF THE THINGS THAT YOU LOOKED AT WAS WHETHER OR NOT THERE WAS SPLATTERS OFF THE SHOEPRINTS?

# 77 A:

YES.

# 78 Q:

WHY WERE YOU LOOKING AT THAT?

# 79 A:

WHEN A PERSON RUNS, THEY WILL HAVE MUCH MORE FORCE WHEN THEY HIT THE GROUND WITH THEIR FOOT AND THERE WILL BE SOMEWHAT OF A SPLASHING EFFECT ON THE -- ON THE SURFACE.

# 80 Q:

DID YOU SEE THAT KIND OF SPLASHING EFFECT?

# 81 A:

NO.

# 82 Q:

AND ANOTHER THING YOU SAID YOU WERE LOOKING AT WAS THE DISTANCE BETWEEN SHOEPRINTS?

# 83 A:

YES.

# 84 Q:

FOR WHAT PURPOSE WERE YOU LOOKING AT THAT?

# 85 A:

WHEN A PERSON RUNS, THEY WILL HAVE A LONGER DISTANCE BETWEEN EACH SHOEPRINT THAN WHEN THEY WALK.

# 86 Q:

AND WAS THE DISTANCE HERE FOR AN ADULT RELATIVELY LONG CONSISTENT WITH RUNNING OR SHORTER?

# 87 A:

IT WAS RELATIVELY SHORTER.

# 88 Q:

OKAY. AND FINALLY, YOU SAID THAT YOU LOOKED AT THE TRAILING OR TAILING --

# 89 A:

YES.

# 90 Q:

-- OF THE BLOOD DOTS. WHAT DID YOU MEAN BY THAT?

# 91 A:

WHEN A DROP OF BLOOD HITS AN OBJECT, WHEN IT HAS SOME TYPE OF VELOCITY BESIDES GOING DOWN, IT WILL TYPICALLY HAVE A SPLASHING EFFECT IN THE DIRECTION THAT IT IS TRAVELING AND YOU CAN DETERMINE DIRECTION BY ANALYZING THAT.

# 92 Q:

DID YOU SEE ANY EVIDENCE OF SIGNIFICANT TAILING ON THESE BLOOD DOTS?

# 93 A:

THERE WAS NO SIGNIFICANT TRAILING, NO, OR TAILING, NO.

# 94 Q:

AND WOULD THAT BE MORE CONSISTENT WITH SOMEONE THAT WAS RUNNING OR MOVING MORE SLOWLY?

# 95 A:

THERE WOULD BE MORE TAILING WITH SOMEONE WHO WAS RUNNING.

# 96 Q:

OKAY. NOW, RESPECTING THE SHOEPRINTS AND THE BLOOD DOTS, DID YOU NOTICE WHERE IN RELATIONSHIP TO THE SHOEPRINTS THE BLOOD DOTS WERE?

# 97 A:

GENERALLY SPEAKING, THE DROPS WERE TO THE SOUTH OF THE SHOEPRINTS OR TO THE LEFT IF THE PERSON WAS WALKING IN THE WEST DIRECTION.

# 98 Q:

OKAY. SO IF A PERSON WERE WALKING TOWARDS THE WEST DIRECTION, THE BACK GATE, THE DOTS WERE GENERALLY TO THE LEFT?

# 99 A:

YES.

# 100 Q:

RESPECTING THE BOARD THAT WE'RE MARKED AS PEOPLE'S 165 FOR IDENTIFICATION, ITEMS NO. 48 -- PERHAPS YOU NEED TO GET -- TO TAKE A STEP OFF THE WITNESS STAND. CAN WE SEE THIS AGAIN? IS ONE OF THE SHOEPRINTS THAT YOU OBSERVED AT THE SCENE ON THE 13TH LOCATED IN THIS PHOTOGRAPH?

# 101 A:

YES.

# 102 Q:

CAN YOU TELL US WHERE IT IS BY POINTING ON THE DIAGRAM? I THINK YOU'RE GOING TO HAVE TO POINT OVER HERE.

# 103 A:

IT IS RIGHT HERE (INDICATING).

# 104 Q:

BUT CAN YOU TELL US WHERE IN THE PHOTOGRAPH THE SHOEPRINT IS?

# 105 A:

UP IN THE RIGHT -- UPPER RIGHT-HAND CORNER.

# 106 Q:

CAN YOU DESCRIBE IT A LITTLE BIT FOR US SO WE CAN SEE WHAT WE'RE LOOKING AT? IS IT A WHOLE SHOEPRINT OR PART OF A SHOEPRINT?

# 107 A:

IT APPEARS TO BE A PARTIAL SHOEPRINT RIGHT HERE AND THIS IS THE OUTLINE OF IT (INDICATING).

# 108 Q:

AND THE BLOOD DOT IS ALSO LOCATED IN THIS PHOTOGRAPH NEXT TO THE CARD 113?

# 109 A:

YES.

# 110 Q:

NOW, CAN YOU TELL US HOW ON THE DIAGRAM THIS ITEM WOULD BE ORIENTED? IN OTHER WORDS, WHICH WAY IS WEST ON THE PHOTOGRAPH?

# 111 A:

ON THE PHOTOGRAPH, GOING UP IS WEST. SO TO ORIENT THIS PROPERLY, YOU WOULD HAVE TO TURN IT ON ITS SIDE.

# 112 Q:

SO WHEN YOU'RE AT THE SCENE AND YOU'RE LOOKING AT THIS PARTIAL SHOEPRINT, IF THE PERSON WERE HEADED IN A WESTERLY DIRECTION TOWARDS THE BACK GATE, THE BLOOD DOT IS TO THE LEFT?

# 113 A:

YES.

# 114 Q:

NOW, REGARDING ITEM NO. 47 -- WE DON'T NEED TO TAKE A LOOK AT THAT. BUT JUST REFERRING TO THE DIAGRAM, PEOPLE'S 165, WAS THERE ALSO A SHOEPRINT IN THE VICINITY OF THAT BLOOD DOT?

# 115 A:

YES.

# 116 Q:

AND WHERE WAS THAT USING THE DIAGRAM?

# 117 A:

THERE WAS A SHOEPRINT UP IN THIS AREA HERE (INDICATING).

# 118 MR. GOLDBERG:

ON THE DIAGRAM, HE'S POINTING TO ONE TILE TO THE NORTH OF WHERE THE BLOOD DOT IS, YOUR HONOR, AND IT'S ADJACENT TO THE BLOOD DOT ITSELF.

# 119 THE COURT:

YES.

# 120 MR. GOLDBERG:

WELL, HE'S POINTING TO A ROW OF TILES AGAIN FOR THE RECORD. THAT'S THE ROW ABOVE THE BLOOD DOT TO THE NORTH ON THIS DIAGRAM.

# 121 MR. SCHECK:

IT'S NOT DIRECTLY ABOVE IT. IT'S TO THE LEFT OF IT AS WE'RE LOOKING.

# 122 Q:

BY MR. GOLDBERG: MR. FUNG, WHY DON'T YOU POINT TO IT AGAIN.

# 123 A:

OKAY. (INDICATING).

# 124 MR. SCHECK:

MAYBE HE CAN COUNT THE NUMBER OF TILES STARTING FROM --

# 125 DENNIS FUNG:

THERE (INDICATING).

# 126 MR. SCHECK:

MAYBE WE CAN COUNT THE NUMBER OF TILES STARTING FROM THE BEGINNING AND YOU CAN INDICATE WHAT TILE HE'S POINTING TO.

# 127 THE COURT:

HE APPEARS TO BE INDICATING A LOCATION THAT'S APPROXIMATELY ONE FOOT ON THE DIAGRAM SLIGHTLY ABOVE AND SLIGHTLY TO THE LEFT.

KEY QUOTE

# 128 MR. FUNG:

YES.

# 129 THE COURT:

HE AGREES. PRETTY GOOD FOR NOT BEING ABLE TO SEE IT, ISN'T IT?

# 130 MR. SCHECK:

CAN YOU SEE IT FROM THERE?

# 131 THE COURT:

I CAN SEE RIGHT THROUGH IT.

# 132 Q:

BY MR. GOLDBERG: OKAY. IS WHAT THE JUDGE JUST SAID CORRECT?

# 133 A:

ABSOLUTELY.

# 134 MR. SCHECK:

OF COURSE.

# 135 Q:

BY MR. GOLDBERG: OKAY. NOW, WHEN YOU PACKAGED THE VARIOUS ITEMS THAT YOU COLLECTED THAT ARE REPRESENTED ON THIS BOARD, 165, INTO THE COIN ENVELOPES, WERE THE COIN ENVELOPES GIVEN THE -- AND I'M TALKING ABOUT THE ONES ON THE 13TH -- WERE THEY GIVEN THE PHOTO ID NUMBER OR THE ITEM NUMBER.

# 136 MR. SCHECK:

OBJECTION. COMPOUND.

# 137 THE COURT:

SUSTAINED. WHY DON'T YOU REPHRASE THE QUESTION.

# 138 Q:

BY MR. GOLDBERG: WELL, WITH RESPECT TO EVERY ITEM THAT YOU COLLECTED ON THE 13TH, WAS IT GIVEN THE PHOTO NUMBERS OR THE ITEM NUMBERS?

# 139 A:

WITH RESPECT TO THE ITEMS THAT I COLLECTED ON JUNE 13TH AT BUNDY, THE EVIDENCE WAS MARKED FIRST WITH PHOTO ID NUMBERS.

# 140 Q:

AND THEN LATER ON, YOU ASSIGNED THE ITEM NUMBERS?

# 141 A:

YES.

# 142 Q:

AND WHERE WAS THAT? WAS THAT AT BUNDY OR BACK AT THE LAB?

# 143 A:

THAT WAS DONE AT THE LABORATORY.

# 144 Q:

AND THEN WERE THOSE COIN ENVELOPES GIVEN THE DR NUMBER THAT YOU READ OFF IN THIS CASE?

# 145 A:

YES.

# 146 Q:

PRIOR TO LEAVING THE BUNDY LOCATION, DID YOU DO ANYTHING TO RECHECK THE ITEMS THAT YOU HAD COLLECTED?

# 147 A:

PRIOR TO LEAVING BUNDY, I CONDUCTED A -- AN EVIDENCE INVENTORY FOR THE ITEMS OF EVIDENCE WE COLLECTED AT BUNDY.

# 148 Q:

OKAY. AND WAS THAT THE SAME PROCEDURE THAT YOU DESCRIBED EARLIER WHEN YOU WERE TALKING ABOUT DOING THE INVENTORY AT ROCKINGHAM?

# 149 A:

YES.

# 150 Q:

YEAH. WHERE DID YOU PUT THE ITEMS OF EVIDENCE THAT YOU HAD COLLECTED FROM THE BUNDY LOCATION?

# 151 A:

THE ITEMS OF EVIDENCE WERE PLACED IN BAGS.

# 152 Q:

NO. I MEAN -- BUT WERE THEY TAKEN AND PUT IN THE CRIME SCENE TRUCK?

# 153 A:

YES.

# 154 Q:

WAS THE CRIME SCENE TRUCK LOCKED?

# 155 A:

YES.

# 156 Q:

AND WHEN YOU WERE PROCESSING THE BUNDY LOCATION, WHERE WAS THE ROCKINGHAM EVIDENCE FROM THE MORNING?

# 157 A:

THE ROCKINGHAM EVIDENCE WAS ALSO -- ALSO LOCKED IN THE BACK OF THE CRIME SCENE TRUCK.

# 158 Q:

OKAY. APPROXIMATELY WHAT TIME DID YOU LEAVE THE BUNDY LOCATION ON THE 13TH?

# 159 A:

I LEFT THE BUNDY LOCATION AT APPROXIMATELY 3:00 O'CLOCK, 3:15.

# 160 Q:

WHERE DID YOU GO AFTER YOU LEFT?

# 161 A:

I RETURNED TO THE ROCKINGHAM ADDRESS.

# 162 Q:

WHAT TIME DID YOU ARRIVE BACK AT ROCKINGHAM?

# 163 A:

I ARRIVED BACK AT ROCK -- AT THE ROCKINGHAM ADDRESS AT APPROXIMATELY 3:30.

# 164 Q:

SO WHEN YOU LEFT ROCKINGHAM IN THE MORNING, YOUR LAST PHOTO NUMBER AND ITEM NUMBER WAS 10; IS THAT CORRECT?

# 165 A:

YES.

# 166 Q:

SO WOULD THE NEXT ITEM YOU COLLECTED HAVE BEEN 11?

# 167 A:

YES.

# 168 Q:

WAS 11?

# 169 A:

YES.

# 170 Q:

WHO COLLECTED NO. 11 PHYSICALLY? WAS IT YOU OR WAS IT MISS MAZZOLA?

# 171 A:

THAT WAS PHYSICALLY COLLECTED BY MISS MAZZOLA.

# 172 Q:

DO YOU RECALL WHO SPOTTED IT FIRST?

# 173 A:

NO, I DON'T.

# 174 Q:

DID YOU SEE IT?

# 175 A:

YES.

# 176 Q:

WHERE WAS IT?

# 177 A:

THAT WAS LOCATED ON A WIRE THAT WAS HANGING DOWN ALONG THE SOUTH WALKWAY AT THE ROCKINGHAM ADDRESS.

# 178 Q:

THAT WAS THE SAME SIDE THAT THE GLOVE WAS COLLECTED FROM?

# 179 A:

YES.

# 180 THE COURT:

ALL RIGHT. MR. GOLDBERG, DO YOU NEED PEOPLE'S 165 AT THIS POINT SINCE WE'RE TALKING ABOUT ROCKINGHAM?

# 181 MR. GOLDBERG:

NO, I DON'T, BUT I'M GOING TO NEED TO GET TO THE -- THE ROCKINGHAM EXHIBIT AND THERE'S AN ISSUE THAT WE WOULD LIKE TO DISCUSS WITH THAT.

# 182 THE COURT:

ALL RIGHT. LET ME ASK THE JURORS THEN TO STEP BACK INTO THE JURY ROOM. THERE'S SOMETHING I NEED TO DETERMINE WITH REGARDS TO THE NEXT EXHIBIT.

Temperature

procedural

Key Quotes (4)

Dennis Fung

IF YOU COULD DO THE 13TH ALL OVER AGAIN, WOULD OF YOU HAVE LIKED TO HAVE COLLECTED THE STAIN? ABSOLUTELY.

Fung concedes he missed collecting a blood stain at Bundy, which defense would later use to attack evidence collection procedures.

Dennis Fung

I WAS ASKED TO DETERMINE WHETHER THE PERSON WAS RUNNING OR WALKING.

Reveals the stride analysis performed at the scene — prosecution building a picture of a deliberate, unhurried killer.

Dennis Fung

THE PRELIMINARY DETERMINATION WAS THAT IT WAS A LARGE SHOE SIZE CONSISTENT WITH BEING WORN BY AN ADULT.

Lays foundation for linking shoeprints to a specific adult male suspect.

Lance A. Ito

HE APPEARS TO BE INDICATING A LOCATION THAT'S APPROXIMATELY ONE FOOT ON THE DIAGRAM SLIGHTLY ABOVE AND SLIGHTLY TO THE LEFT. PRETTY GOOD FOR NOT BEING ABLE TO SEE IT, ISN'T IT?

Judge Ito injects dry humor while also demonstrating he was closely following the testimony.

Evidence (5)

People's 166

Photograph of blood stain at Bundy taken June 13th

discussed and compared to July 3rd collection photographs

People's 166-A

Hard copy printout of People's 166 screen image

introduced

People's 165

Diagram/board of Bundy crime scene showing blood dot and shoeprint locations

used to demonstrate spatial relationship between shoeprints and blood drops

Informal

Blood stain items 115, 116, 117 collected July 3rd at Bundy

discussed in relation to June 13th photographs

Informal

Item 11 — blood on wire along south walkway at Rockingham, same side as glove

identified and discussed

Notable Exchanges (3)

Hank Goldberg•Barry Scheck•Lance A. Ito

Three-way dispute over precisely where Fung was pointing on the diagram — Scheck challenges Goldberg's record description, judge intervenes with his own description and Fung confirms it

mildly contentious but resolved with humor

Hank Goldberg•Dennis Fung

Fung admits he did not collect a visible blood stain at Bundy on June 13th and says he would have collected it if he had seen it

revealing

Hank Goldberg•Dennis Fung

Fung explains stride analysis — no running splash, shorter stride length, no significant blood tailing — all consistent with the killer walking, not running

strategic

Light Moments (2)

Lance A. Ito

Judge Ito describes Fung's pointing location on the diagram from the bench, Fung agrees, and Ito quips 'Pretty good for not being able to see it, isn't it?' — Scheck deadpans 'Of course.'

Dennis Fung

Goldberg says numbering systems were designed so 'the jury isn't confused' and Fung adds 'AND THE ATTORNEYS TOO' — Goldberg agrees.

Credibility Attacks (1)

⚔ Dennis Fung

prior omission

Fung admits he did not collect a blood stain visible in the June 13th photograph, conceding he would have collected it had he noticed it — suggesting incomplete evidence collection at Bundy

Objections

3 objections (3 sustained, 0 overruled)

Proceeding 5548 • 182 utterances • Prosecution witness

Criminal Trial

Department 103