ALL RIGHT. DENNIS FUNG, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

RAISE YOUR RIGHT HAND, PLEASE. YOU DO SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD?

I DO.

PLEASE HAVE A SEAT ON THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

MY NAME IS DENNIS FUNG, D-E-N-N-I-S F-U-N-G.

MR. GOLDBERG.

THANK YOU, YOUR HONOR.

DIRECT EXAMINATION BY MR. GOLDBERG:

GOOD MORNING, MR. FUNG. WHAT IS YOUR OCCUPATION AND YOUR ASSIGNMENT?

I AM A CRIMINALIST EMPLOYED BY THE LOS ANGELES POLICE DEPARTMENT. I'M ASSIGNED TO THE FIREARMS ANALYSIS UNIT OF THE SCIENTIFIC INVESTIGATION DIVISION.

AND THAT'S FOR THE LAPD?

YES.

ALL RIGHT. AND WERE YOU SO EMPLOYED ON JUNE THE 13TH OF 1994?

YES, I WAS.

SIR, ON JUNE THE 13TH OF 1994, WERE YOU RESPONSIBLE FOR COLLECTING CERTAIN EVIDENCE AT 360 NORTH ROCKINGHAM AND 875 BUNDY IN THE CITY OF LOS ANGELES?

YES.

AND LATER ON JUNE THE 14TH, WERE YOU RESPONSIBLE FOR COLLECTING CERTAIN EVIDENCE IN A BRONCO THAT HAD BEEN IMPOUNDED FROM THE ROCKINGHAM LOCATION?

YES.

NOW, BEFORE GETTING INTO THAT, I WOULD LIKE TO ASK YOU SOME QUESTIONS ABOUT YOUR TRAINING AND EXPERIENCE. FIRST OF ALL, YOU SAID YOU WERE A CRIMINALIST?

YES.

WHAT IS A CRIMINALIST, SIR?

A CRIMINALIST IS SOMEBODY WHO EMPLOYS THE PRINCIPLES OF THE NATURAL AND PHYSICAL SCIENCES TO IDENTIFY, DOCUMENT, PRESERVE AND ANALYZE EVIDENCE THAT IS RELATED TO A CRIME. HE LATER TESTIFIES TO HIS FINDINGS IN A COURT OF LAW.

AND IS A CRIMINALIST SOMEONE THAT IS INVOLVED IN THE AREA OF FORENSIC SCIENCES?

YES.

AND WHAT DOES THAT TERM "FORENSIC SCIENCES" INCLUDE?

THE FORENSICS OR FORENSIC SCIENCES IS THE DISCIPLINE THAT EMPLOYS OR USES NATURAL AND PHYSICAL SCIENCES SUCH AS CHEMISTRY, BIOLOGY, PHYSICS AND JUST ABOUT ANY OTHER SCIENCE YOU CAN THINK OF TO DETERMINE ISSUES RELATED TO A COURT OF LAW.

SO IT'S BASICALLY A BROAD GROUP OF DIFFERENT KIND OF SCIENCES THAT ARE BROUGHT TO BEAR TO RESOLVE ISSUES REGARDING EVIDENCE IN A COURTROOM?

YES.

ALL RIGHT. IN ORDER TO BECOME A CRIMINALIST, DID YOU HAVE TO HAVE SOME FORMAL EDUCATION?

YES, I DID.

AND WHERE -- WHERE DID THAT TAKE PLACE?

I RECEIVED A BACHELOR OF SCIENCE DEGREE IN CRIMINALISTICS FROM THE CALIFORNIA STATE UNIVERSITY AT LONG BEACH.

SO IT'S A FOUR-YEAR DEGREE?

YES, IT IS.

OKAY. AND DID YOU RECEIVE ANY OTHER BACHELOR'S DEGREE AT THE CALIFORNIA STATE UNIVERSITY, LONG BEACH?

YES, I DID. I ALSO RECEIVED A BACHELOR OF ARTS DEGREE IN CHEMISTRY FROM THE CALIFORNIA STATE UNIVERSITY AT LONG BEACH.

AND WHEN WAS THAT?

THAT WAS IN 1985.

WHEN YOU WERE GOING THROUGH COLLEGE, PARTICULARLY DURING THE CRIMES -- THE CRIMINALISTICS PORTION OF YOUR FORMAL EDUCATION, DID YOU PROCESS MOCK CRIME SCENES?

YES, I DID.

ALL RIGHT. AND WHILE YOU WERE GOING TO COLLEGE, DID YOU HAVE ANY INTERNSHIP THAT YOU WENT THROUGH?

YES. I DID AN INTERNSHIP AT THE ORANGE COUNTY SHERIFF'S OFFICE CRIME LAB.

APPROXIMATELY WHEN WAS THAT?

THAT WAS APPROXIMATELY SEPTEMBER OF 1982 TO DECEMBER OF 1982.

OKAY. AND DID THE SHERIFF'S DEPARTMENT IN ORANGE COUNTY EMPLOY CRIMINALISTS?

YES, THEY DID.

DID YOU EVER HAVE AN OPPORTUNITY WHEN YOU WERE INTERNING WITH THEM TO GO OUT TO CRIME SCENES AND SEE THE WAY CRIME SCENES WERE PROCESSED?

YES.

WHEN YOU WENT OUT TO CRIME SCENES THAT WERE PROCESSED BY THE SHERIFF'S DEPARTMENT IN ORANGE COUNTY, WERE THEY PROCESSED BY CRIMINALISTS OR DID THEY USE SOME OTHER CATEGORY OF PERSONNEL?

THEIR CRIME SCENES THAT WERE NOT HOMICIDES WERE PROCESSED BY FORENSIC SPECIALISTS.

OKAY. IS THAT WHAT THEY CALLED THEM?

YES.

AND WHAT IS A FORENSIC SPECIALIST?

A FORENSIC SPECIALIST IS SOMEBODY WHO GOES OUT TO CRIME SCENES AND TAKES PHOTOGRAPHS AND COLLECTS EVIDENCE AND DOCUMENTS THE EVIDENCE ALSO.

DO THEY HAVE THE SAME FORMAL EDUCATION THAT YOU HAVE IN ORDER TO BECOME A CRIMINALIST?

I DON'T BELIEVE THE REQUIREMENTS ARE THE SAME, NO.

OKAY. IS THERE ANY SIMILAR CATEGORY OF PERSON THAT'S EMPLOYED BY THE LOS ANGELES POLICE DEPARTMENT?

NO.

OKAY. SO LAPD IS USING CRIMINALISTS AT THEIR CRIME SCENES?

YES.

NOW, WITHIN THE LOCAL LAW ENFORCEMENT COMMUNITY HERE IN SOUTHERN CALIFORNIA, ARE THERE ALSO PEOPLE THAT ARE CALLED EVIDENCE TECHNICIANS?

YES.

AND WHAT ARE THEY?

EVIDENCE TECHNICIANS ARE PEOPLE WHO WILL GO OUT TO CRIME SCENES AND COLLECT EVIDENCE AND DOCUMENT THE EVIDENCE ALSO.

OKAY. WHEN YOU WERE ORANGE COUNTY, DID YOU HAVE THE OPPORTUNITY TO SEE CRIMINALISTS WORKING IN THE LABORATORY SETTING?

YES.

ALL RIGHT. BUT YOU JUST DIDN'T SEE THEM WORKING IN THE FIELD?

THAT'S CORRECT. YES.

ALL RIGHT. NOW, IN ADDITION TO THE FORMAL EDUCATION AND TRAINING THAT YOU JUST DESCRIBED, HAVE YOU ALSO CONTINUED TO TAKE COURSES RELATED TO THE FIELD OF CRIMINALISTICS SINCE YOU GRADUATED?

YES, I HAVE.

OKAY. AND HAVE YOU TAKEN SEMINARS BY THE AMERICAN ACADEMY OF FORENSIC SCIENCES?

YES.

AND BY THE -- WHAT IS THAT?

THE ACADEMY -- AMERICAN ACADEMY OF FORENSIC SCIENCES IS A PROFESSIONAL ORGANIZATION OF FORENSIC SCIENCES. THEY DEAL SPECIFICALLY WITH TOPICS RELATED TO MY FIELD.

OKAY. AND HAVE YOU ALSO TAKEN COURSES THROUGH THE CALIFORNIA ASSOCIATION OF CRIMINALISTS?

YES.

AND WHAT IS THE CALIFORNIA ASSOCIATION OF CRIMINALISTS?

THE CALIFORNIA ASSOCIATION OF CRIMINALISTS IS ANOTHER PROFESSIONAL ORGANIZATION DEALING WITH FORENSIC SCIENCES.

DO YOU HAVE THE CURRICULA VITAE THAT SUMMARIZES YOUR FORMAL EDUCATION AND SOME OF THE COURSES THAT YOU'VE TAKEN SINCE YOU GRADUATED?

YES, I DO.

AND DO YOU HAVE MEMORIZED ALL THE COURSES YOU TOOK AND WHEN YOU TOOK THEM OR WOULD YOU NEED TO REFER TO THAT TO GIVE US SOME MORE SPECIFIC INFORMATION?

I WOULD HAVE TO REFER TO THEM.

CAN YOU PLEASE DO SO?

YES (WITNESS COMPLIES).

SIR, HAVE YOU TAKEN QUITE A FEW COURSES SINCE YOU GRADUATED IN THE AREA OF CRIMINALISTICS?

YES.

I WOULD LIKE TO ASK YOU ABOUT JUST SELECTED COURSES FROM YOUR CURRICULA VITAE AND HAVE YOU GIVE A LITTLE INFORMATION ABOUT THESE, THE ONES THAT ARE RELEVANT TO CRIME SCENE INVESTIGATION. IN 1985, DID YOU TAKE A COURSE IN BLOOD SPATTER INTERPRETATION AT LAPD?

YES, I DID.

AND WHAT WAS THAT?

THAT INVOLVED THE RECOGNITION OF DIFFERENT BLOOD PATTERN INTERPRETATION THAT WE MIGHT FIND OUT AT CRIME SCENES.

LIKE BLOOD DROPS AND BLOOD SPATTERS AND THE LIKE?

YES.

AND FOR WHAT PURPOSE DO CRIMINALISTS LOOK AT THAT KIND OF INFORMATION?

CRIMINALISTS WOULD -- A CRIMINALIST WOULD LOOK AT THAT TYPE OF INFORMATION TO DETERMINE THE DIRECTION FROM WHICH A BLOOD WAS TRAVELING OR WHETHER IT WAS MADE BY A GUNSHOT OR MAYBE A SMALLER OR -- EXCUSE ME -- A GUNSHOT OR WAS MADE BY AN OBJECT SWIMMING AND HAVING THE BLOOD FALL OFF OF THAT OBJECT.

OKAY. AND IN FEBRUARY OF 1985, DID YOU TAKE A COURSE IN FORENSIC MICROSCOPY?

YES, I DID.

WHAT WAS THAT COURSE ABOUT?

THAT COURSE DEALT WITH THE TRACE OR TRACE EVIDENCE SUCH AS FIBERS AND MINERALS AND EXPLOSIVES.

OKAY. AND WHAT'S TRACE EVIDENCE?

TRACE EVIDENCE IS SMALL PARTICLES OF EVIDENCE SUCH AS HAIR, FIBER, SOIL AND GLASS, THAT TYPE OF EVIDENCE.

WHAT PURPOSE DO CRIMINALISTS LOOK AT TRACE EVIDENCE? IS IT -- ARE YOU COMPARING IT TO SOMETHING, KNOWNS TO UNKNOWNS OR --

YES. IT'S COMPARING KNOWNS TO UNKNOWNS OR IDENTIFYING WHAT SOMETHING IS IN CERTAIN OTHER CASES.

OKAY. AND THEN IN 1989, YOU TOOK AN ADVANCED COURSE IN FORENSIC MICROSCOPY; IS THAT CORRECT?

YES.

SO THAT WOULD BE A CONTINUATION OF WHAT WE'VE JUST -- WHAT YOU JUST DESCRIBED IN TERMS OF LEARNING ABOUT TRACE EVIDENCE?

YES.

OKAY. AND THESE KINDS OF COURSES, THE TWO COURSES IN FORENSIC MICROSCOPY, HOW DO THOSE EQUATE WITH THE COLLEGE LEVEL CRIMINALISTICS COURSE?

THEY'RE JUST AS RIGOROUS.

SO HOW MANY UNIT EQUIVALENT WOULD YOU SAY, IF YOU CAN GIVE US THAT KIND OF INFORMATION, WOULD THESE COURSES BE TO THE ONES THAT YOU TOOK AT CAL STATE LONG BEACH?

FOUR-UNIT CLASS.

HOW MANY?

FOUR-UNIT CLASS.

OKAY. AND IN 1987, YOU TOOK A COURSE IN FOOTWEAR IDENTIFICATION?

YES.

WHAT WAS THAT COURSE ABOUT?

THAT WAS A COURSE TO IDENTIFY SHOEPRINT IMPRESSIONS TO A KNOWN SOURCE. IF -- FOR INSTANCE, IF I HAD A SHOEPRINT AT A CRIME SCENE AND A KNOWN SHOE OR AN UNKNOWN SHOE THAT CAME INTO THE LAB, I WOULD BE ABLE TO IDENTIFY THAT SHOE AS HAVING MADE THAT SHOEPRINT.

OR BEING CONSISTENT WITH IT?

YES.

ALL RIGHT. AND YOU ALSO TOOK SOME SEMINARS WITH THE AMERICAN ACADEMY OF FORENSIC SCIENCES. ONE OF THOSE WAS IN 1991; IS THAT TRUE?

YES.

AND DID THAT PARTICULAR SEMINAR DISCUSS TO YOUR RECOLLECTION CRIME SCENE INVESTIGATION?

YES.

ALL RIGHT. AND IN 1990, YOU TOOK A SEMINAR AT THE CALIFORNIA ASSOCIATION OF CRIMINALISTS?

YES.

DID THAT DISCUSS ANY ASPECT OF CRIME SCENE INVESTIGATION TO YOUR RECALL?

YES, IT DID.

DO YOU REMEMBER AT ALL WHAT WAS DISCUSSED THERE?

IN THE 1991?

1990.

1990? I BELIEVE THAT WAS ONE THAT WAS INVOLVED WITH THE NIGHT STALKER CASE. THAT WAS DISCUSSED AT THAT SEMINAR.

OKAY. AND THEN IN '88, YOU ALSO ATTENDED A CALIFORNIA ASSOCIATION OF CRIMINALISTS MEETING?

YES.

AND DID THAT DISCUSS CRIME SCENE PROCESSING THAT YOU RECALL?

YES, IT DID.

NOW, WITH RESPECT TO THE OTHER MEETINGS THAT YOU ALSO ATTENDED OF EITHER THE AMERICAN ACADEMY OR THE CALIFORNIA ASSOCIATION OF CRIMINALISTS THAT WE DIDN'T SPECIFICALLY MENTION BUT THAT ARE LISTED ON YOUR CURRICULA VITAE, DO YOU RECALL ONE WAY OR THE OTHER WHETHER THEY DISCUSSED CRIME SCENE INVESTIGATION PARTICULARLY?

NO. I DON'T RECALL ONE WAY OR THE OTHER.

WHAT KINDS OF THINGS IN GENERAL ARE DISCUSSED AT THESE MEETINGS IN THE SEMINAR PORTIONS?

IN THE SEMINARS, ANALYSIS OF DIFFERENT TYPES OF EVIDENCE ARE DISCUSSED AS WELL AS LEGAL ISSUES AND SOMETIMES CRIME SCENE INVESTIGATION IS ALSO DISCUSSED.

OKAY. AND ARE YOU A MEMBER OF THE CALIFORNIA ASSOCIATION OF CRIMINALISTS?

YES, I AM.

AND WHEN DID YOU BECOME A MEMBER?

I BECAME A MEMBER IN LATE 1984.

ARE YOU A MEMBER OF ANY OTHER PROFESSIONAL ASSOCIATIONS?

YES, I AM.

WHICH ONE OR ONES?

I AM A MEMBER OF THE ASSOCIATION OF FIREARM AND TOOL MARK EXAMINERS.

HOW MANY YEARS HAVE YOU BEEN A MEMBER OF THAT?

SINCE 1992.

NOW, I WOULD LIKE TO DISCUSS SOME OF YOUR ON-THE-JOB EXPERIENCE AT LAPD. FIRST OF ALL, WHEN DID YOU BECOME A CRIMINALIST AT THE LOS ANGELES POLICE DEPARTMENT?

I BECAME A CRIMINALIST IN OCTOBER OF 1984.

AND YOU ALSO LISTED THE VARIOUS SECTIONS OF THE LABORATORY THAT YOU'VE BEEN ASSIGNED TO AT VARIOUS TIMES ON YOUR CURRICULA VITAE?

YES.

IN 1994 THROUGH '97 -- THROUGH '87 -- EXCUSE ME -- WHERE WERE YOU ASSIGNED?

I WAS ASSIGNED TO THE TOXICOLOGY UNIT FROM 1984 TO 1987.

AND WHAT IS TOXICOLOGY?

TOXICOLOGY IS THE ANALYSIS OF BIOLOGICAL FLUIDS FOR THE PRESENCE OF TOXINS OR DRUGS.

WHEN YOU SAY BIOLOGICAL FLUIDS, WHAT KINDS OF FLUIDS WERE YOU TYPICALLY ANALYZING?

IN OUR LAB, WE TYPICALLY ANALYZE URINE AND BLOOD.

SO YOU WERE DEALING WITH BIOLOGICAL SPECIMENS WHILE YOU WERE AT TOXICOLOGY?

YES.

AND WAS THERE ANY TRAINING OR EXPERIENCE THAT YOU FEEL WAS PARTICULARLY RELEVANT IN TERMS OF CRIME SCENE PROCESSING THAT YOU GOT AS A RESULT OF BEING IN TOXICOLOGY?

IN TOXICOLOGY, BASIC LABORATORY PRINCIPLES WERE EMPLOYED SUCH AS LABELING, CLEANLINESS, HYGIENE AND THE APPRECIATION FOR THE -- BEING AWARE OF CROSS CONTAMINATION ISSUES.

WHEN YOU SAY CROSS CONTAMINATION, WHAT ARE YOU REFERRING TO?

THAT REFERS TO MIXING ONE SAMPLE WITH ANOTHER OR CONTAMINATING ONE SAMPLE WITH ANOTHER SAMPLE.

YOU MEAN LIKE ONE BLOOD SAMPLE WITH ANOTHER BLOOD SAMPLE?

YES.

OKAY. AND IN 1987 THROUGH '89, YOU WERE ASSIGNED TO TRACE?

YES.

AND YOU'VE ALREADY DESCRIBED TO US WHAT TRACE EVIDENCE IS?

YES.

IS THERE ANYTHING ABOUT BEING ASSIGNED TO THE TRACE EVIDENCE SECTION OF THE LABORATORY THAT YOU FEEL WAS RELEVANT IN TERMS OF YOUR EXPERIENCE INVESTIGATING A CRIME SCENE?

THE TRACE ANALYSIS UNIT GAVE ME APPRECIATION

FOR WHAT TRACE EVIDENCE CAN DO FOR AN INVESTIGATION SUCH AS HAIR, FIBER AND PAINT. THAT TYPE OF EVIDENCE CAN BE VERY HELPFUL SOMETIMES IN A -- IN AN INVESTIGATION.

DO YOU ALSO HAVE TO BE AWARE OF THE PROPER PACKAGING AND HANDLING OF SPECIMENS?

YES.

WOULD THAT ALSO BE TRUE OF TOXICOLOGY, THAT THAT'S IMPORTANT?

YES.

OKAY. WHAT ABOUT CROSS CONTAMINATION OF SAMPLES; IS THAT AN ISSUE IN TRACE?

YES, IT IS.

OKAY. AND AFTER YOU WERE ASSIGNED TO TRACE, YOU THEN WENT TO FIREARMS?

YES.

IS THAT WHERE YOU ARE NOW?

YES.

WHAT IS YOUR EXACT TITLE POSITION IN THE CRIMINALISTICS LABORATORY?

I AM THE CRIMINALIST III ASSIGNED TO THE FIREARMS ANALYSIS UNIT.

OKAY. AND ARE THERE ALSO CRIMINALISTS I'S AND CRIMINALIST II'S?

YES.

WHEN DID YOU BECOME A CRIMINALIST III?

I BECAME A CRIMINALIST III IN JANUARY OF 1994.

WHAT ARE THE LAPD REQUIREMENTS FOR BECOMING A CRIMINALIST III?

THE REQUIREMENTS ARE THREE UNITS OF EXPERTISE IN THE FIELD OF CRIMINALISTICS AND FIVE YEARS ON THE JOB.

WELL, WHEN YOU SAY THREE UNITS OF EXPERTISE, WHAT DO YOU MEAN BY THAT?

THE LAB IS BROKEN UP INTO DIFFERENT SECTIONS AND TO BE A CRIMINALIST III, YOU HAVE TO BE COURT QUALIFIED IN THREE OF THOSE DIFFERENT SECTIONS.

SO IN YOUR CASE, WAS IT TOXICOLOGY, TRACE AND FIREARMS?

YES.

OKAY. AND IS THERE ANY TEST THAT'S REQUIRED OR EXAMINATION PROCESS THAT'S REQUIRED IN ORDER TO BECOME A CRIMINALIST III?

YES. THERE'S A WRITTEN AND ORAL EXAMINATION GIVEN BY THE LABORATORY.

WHAT IS THE DIFFERENCE BETWEEN A CRIMINALIST III AND A CRIMINALIST I AND CRIMINALIST II?

A CRIMINALIST I IS A ENTRY LEVEL POSITION, A CRIMINALIST II IS A JOURNEY LEVEL POSITION AND A CRIMINALIST III IS A LEAD POSITION.

OKAY. SO WHEN YOU FIRST CAME TO THE LABORATORY, YOU'RE A CRIMINALIST I?

YES.

ON THE DATE OF JUNE THE 13TH, YOU WERE WORKING WITH ANDREA MAZZOLA?

YES, I WAS.

AND WAS SHE A CRIMINALIST I?

YES.

OKAY. IN TERMS OF THE DUTIES OF CRIMINALISTS AT CRIME SCENES, WHAT IS THE DIFFERENCE BETWEEN A CRIMINALIST I AND A CRIMINALIST II AND III?

A CRIMINALIST I KNOWS THE TECHNICAL ASPECTS OF CRIME SCENE INVESTIGATION. HOWEVER, IN OUR LABORATORY, THEY WILL -- A CRIMINALIST I WILL GO OUT WITH A CRIMINALIST III AND IF ANY DISCRETIONARY CALLS ARE NEEDED TO BE MADE, A CRIMINALIST III WILL MAKE THEM.

OKAY. SO A CRIMINALIST I HAS TO BE PAIRED WITH A CRIMINALIST III AT CRIME SCENES UNDER THE CURRENT POLICIES OF THE LOS ANGELES POLICE DEPARTMENT?

YES.

WHEN YOU WERE FIRST STARTING OUT AND YOU WERE A CRIMINALIST I, WAS THAT ALSO TRUE?

THE STRUCTURE WAS A LITTLE BIT DIFFERENT THEN, BUT I WAS ALWAYS ESCORTED BY EITHER A SUPERVISOR OR A MORE EXPERIENCED CRIMINALIST IN THE LABORATORY.

MEANING SOMEONE II OR HIGHER?

YES.

ALL RIGHT. NOW, DURING THAT PROCESS WHEN YOU WERE A CRIMINALIST I, WERE YOU RECEIVING ON-THE-JOB EXPERIENCE AND TRAINING THEN FROM THE MORE EXPERIENCED PEOPLE IN TERMS OF HOW TO INVESTIGATE A CRIME SCENE?

YES.

OKAY. HAVE YOU YOURSELF PARTICIPATED IN ANY TRAINING OTHER THAN IN YOUR CAPACITY AS A CRIMINALIST III SUPERVISING OF A CRIMINALIST I IN TERMS OF CRIME SCENE INVESTIGATION OR FORENSICS?

YES, I HAVE.

AND WHERE WAS THAT?

I -- AS I MENTIONED BEFORE, I DID A INTERNSHIP WITH THE ORANGE COUNTY SHERIFF'S OFFICE.

NO. I MEAN WHERE YOU WERE DOING THE TRAINING.

OH, WHERE WHY I WAS TRAINING?

HAVE YOU DONE ANY TRAINING WITHIN LAPD?

YES, I HAVE. I DID -- I WAS A ASSISTANT INSTRUCTOR IN A -- THE VALLEY BUREAU DETECTIVES FOR CRIME SCENE INVESTIGATION BACK IN 1989.

WHAT WERE YOU -- WHAT KINDS OF PRINCIPLES WERE YOU COVERING THERE? JUST GENERAL CRIME SCENE INVESTIGATION OR WAS IT MORE SPECIFIC?

WE COVERED GENERAL THINGS. HOWEVER, BIOLOGICAL FLUID COLLECTION AND THE -- WHAT THE SIGNIFICANCE OF THOSE BIOLOGICAL FLUIDS WERE WERE DISCUSSED AS WELL AS SHOEPRINT, FOOTPRINT AND TOOL MARK EXAMINATIONS WERE ALSO DISCUSSED AT THAT.

AND YOU WERE CONDUCTING THIS TRAINING WITH DETECTIVES?

THAT TRAINING WAS DONE WITH OTHER CRIMINALISTS FOR DETECTIVES WHO WERE THE STUDENTS.

OKAY. WHY WOULD DETECTIVES BE TAUGHT HOW TO -- WELL, ARE DETECTIVES TAUGHT HOW TO COLLECT A STAIN IN CERTAIN INSTANCES?

YES.

WHY IS THAT DONE?

IN SOME CASES, DETECTIVES WILL COLLECT THEIR OWN EVIDENCE IN OUR DEPARTMENT.

OKAY. SO THE EVIDENCE DOES NOT NECESSARILY HAVE TO BE COLLECTED BY A CRIMINALIST EVEN IF IT IS BIOLOGICAL EVIDENCE?

THAT'S CORRECT.

ALL RIGHT. NOW, DID YOU PARTICIPATE IN ANY OTHER TRAINING WHERE YOU WERE PROVIDING TRAINING TO PEOPLE WITHIN LAPD?

YES. I ALSO WAS AN INSTRUCTOR IN THE FORENSIC PRINT SPECIALIST SCHOOL IN 1989.

WHAT WERE YOU TEACHING THEM?

I WAS TEACHING FOOTWEAR EVIDENCE, IMPRESSION, CASTING.

OKAY. WHAT ARE THE FORENSIC PRINT SPECIALISTS?

THE FORENSIC PRINT SPECIALISTS ARE PEOPLE WHO DO OUR FINGERPRINT ANALYSIS.

ARE THEY PART OF THE SCIENTIFIC INVESTIGATIONS DIVISION?

YES, THEY ARE.

ARE THEY ALSO CRIMINALISTS?

NO, THEY ARE NOT.

OKAY. SO WHAT IS THEIR BACKGROUND?

THEIR BACKGROUND IS SEVERAL YEARS IN THE -- WORKING WITH FINGERPRINT ANALYSIS IN THE IDENTIFICATION SECTION AND THEN THEY GO THROUGH A TRAINING PROGRAM WITHIN SCIENTIFIC INVESTIGATION DIVISION.

OKAY. APPROXIMATELY HOW MANY CRIME SCENES WOULD YOU SAY THAT YOU'VE INVESTIGATED OVER THE COURSE OF YOUR CAREER?

OVER THE COURSE OF MY CAREER, I'VE INVESTIGATED APPROXIMATELY 500 CRIME SCENE INVESTIGATIONS.

OKAY. AND APPROXIMATELY HOW MANY TIMES WOULD YOU SAY YOU'VE QUALIFIED AS AN EXPERT IN COURT TESTIFYING ABOUT CRIME SCENE INVESTIGATION?

APPROXIMATELY 20 TIMES.

NOW, WE'VE BEEN USING THE TERM "CRIME SCENE INVESTIGATION." DOES THAT MEAN THAT YOU'RE INTERVIEWING WITNESSES AND LOOKING FOR EYEWITNESSES AND THE LIKE AND WHAT DOES THAT ALL INCLUDE?

THE CRIME SCENE INVESTIGATION IN -- AS IT PERTAINS TO A CRIMINALIST INVOLVES THE IDENTIFICATION AND DOCUMENTATION IN GATHERING OF EVIDENCE.

OKAY. SO YOU'RE STRICTLY DEALING WITH THE EVIDENCE PORTION OF THE CASE?

YES. YES.

ALL RIGHT. NOW, IN GENERAL, WHEN YOU'RE WORKING AT A CRIME SCENE WITH DETECTIVES AND THE INVESTIGATING OFFICERS AT THE CRIME SCENE, WHO IS IN CHARGE BETWEEN THE CRIMINALIST AND THE DETECTIVE REGARDING THE COLLECTION OF THE EVIDENCE?

SO HOW DOES THAT WORK?

THE DETECTIVE WILL TELL THE CRIMINALIST THE CIRCUMSTANCES OF THE -- OR WHAT HE KNOWS ARE THE CIRCUMSTANCES OF THE CRIME AND POINT OUT ITEMS OF EVIDENCE HE FEELS ARE SIGNIFICANT TO HIS INVESTIGATION.

DOES THE CRIMINALIST DECIDE, HOWEVER, WHAT TECHNIQUES ARE GOING TO BE USED TO COLLECT THAT EVIDENCE?

YES.

ALL RIGHT. AND WAS THAT THE CASE WITH RESPECT TO THE ROCKINGHAM CRIME SCENE IN THIS CASE?

YES, IT WAS.

WHAT ABOUT THE BUNDY LOCATION?

SAME FOR THE BUNDY LOCATION ALSO.

OKAY. NOW, AS A CRIMINALIST, DO YOU HAVE SOME DISCRETION TO DETERMINE WHAT TO COLLECT AND WHAT NOT TO COLLECT?

YES.

IS THERE ANY PARTICULAR DANGER IN TERMS OF COLLECTING TOO LITTLE EVIDENCE?

YES, THERE IS.

WHAT IS THAT?

IF TOO LITTLE EVIDENCE IS COLLECTED, A GOOD REPRESENTATIVE SAMPLE OF WHAT HAPPENED MAY NOT BE UNCOVERED AND CERTAIN ITEMS WHICH WOULD EITHER EXONERATE OR PROVE SOMEBODY'S GUILT COULD BE MISSED.

IS THERE ANY PROBLEM WITH COLLECTING TOO MUCH EVIDENCE?

THERE IS SOME PROBLEM IN THAT IF EVERYTHING WAS COLLECTED AT A CRIME SCENE IN EVERY CASE, THERE WOULDN'T -- WOULDN'T BE ENOUGH ROOM TO STORE ALL THE EVIDENCE.

WOULD IT BE POSSIBLE TO INUNDATE THE LABORATORY WITH EVIDENCE TO COLLECT -- I MEAN TO ANALYZE AND TO LOOK OVER FOR THE PURPOSE OF DETERMINING WHETHER IT SHOULD BE ANALYZED?

THAT'S A POSSIBILITY ALSO, YES.

SO DO YOU HAVE TO MAKE SOME DECISIONS BASED UPON YOUR BACKGROUND AND COMMON SENSE AS TO WHAT TO TAKE AND WHAT NOT TO TAKE?

YES.

IN TERMS OF MAKING THAT KIND OF A DECISION, HOW DO YOU GO ABOUT DOING IT WHEN YOU'RE TALKING ABOUT BIOLOGICAL EVIDENCE, PARTICULARLY BLOOD?

WITH BLOOD EVIDENCE, I WILL TRY TO COLLECT A REPRESENTATIVE SAMPLE, AND FACTORS THAT GO INTO MAKING OR DETERMINING WHAT IS REPRESENTATIVE ARE THE LOCATION OF THE BIOLOGICAL SAMPLE, THE QUALITY OF IT AND THE QUANTITY OF IT.

OKAY. WELL, LET'S BREAK THAT DOWN. WHAT DO YOU MEAN BY LOCATION?

BY LOCATION, I MEAN WHERE IT IS IN RELATION TO WHERE THE CRIME OCCURRED. IF THERE WAS A BLOODSTAIN, FOR INSTANCE, THREE MILES AWAY AND THEY THEN -- THAT WOULD BE A LESS SIGNIFICANT STAIN IF IT WAS NOT -- IF IT CANNOT BE RELATED BACK TO THE CRIME.

OKAY. SO YOU'RE TRYING TO LOOK FOR STAINS THAT WOULD APPEAR TO BE MORE RELEVANT THAN OTHER STAINS WHEN YOU'RE TALKING ABOUT LOCATION?

YES.

OKAY. WHAT ABOUT WHEN YOU'RE TALKING ABOUT QUANTITY? WHAT ARE YOU REFERRING TO THERE?

BY QUANTITY, I'M -- I WOULD BE LOOKING FOR SOMETHING THAT WE WOULD BE ABLE TO ANALYZE, A SUFFICIENT AMOUNT WOULD BE -- THAT WOULD BE NECESSARY TO MAKE SOME TYPE OF DETERMINATION.

OKAY. AND WHAT ABOUT QUALITY?

BY QUALITY, I MEAN SOMETHING THAT IS NOT LIKELY TO BE CONTAMINATED OR DEGRADED.

WHEN YOU USE THE TERM "CONTAMINATED," WHAT DOES THAT TERM MEAN?

CONTAMINATION IN THE BROADEST SENSE CAN BE BRINGING SOMETHING INTO AN ENVIRONMENT THAT IS UNWANTED OR UNDESIRABLE.

WELL, IF YOU WERE USING THE BROADER DEFINITION OF CONTAMINATION THAT YOU'VE JUST PROVIDED US WITH, COULD YOU LOOK AT THE SUSPECT'S BLOOD AT A CRIME SCENE ITSELF AS BEING CONTAMINATION IN THAT SENSE?

IN THAT SENSE, YES.

IS BLOOD NOW CLASSIFIED AS BEING A BIO-HAZARD?

YES, IT IS.

ALL RIGHT. WELL, IS THERE A MORE NARROW OR PRECISE DEFINITION OF CONTAMINATION THAT IS ALSO USED IN THE AREA OF CRIMINALISTICS?

YES. AS IT RELATES TO THE EVIDENCE, CONTAMINATION CAN ALSO MEAN BRINGING A SUBSTANCE TO A CRIME SCENE THAT WOULD COMPROMISE THE EVIDENCE AND SOMEHOW AFFECT THE CONCLUSIONS OF AN ANALYSIS.

OKAY. SO THOSE ARE THE VARIOUS FACTORS THAT YOU TAKE INTO CONSIDERATION THAT YOU JUST DISCUSSED WITH US IN TERMS OF DECIDING WHAT BIOLOGICAL EVIDENCE TO COLLECT AND NOT TO COLLECT?

YES.

IF YOU HAVE A TRAIL OF BLOOD DROPS, DO YOU NECESSARILY COLLECT EVERY DROP IN THE TRAIL?

NOT NECESSARILY, NO.

OKAY. SO -- THEN DO YOU USE THE REPRESENTATIVE SAMPLE RULE THAT YOU DISCUSSED EARLIER?

YES.

ALL RIGHT. AND WHAT ABOUT DEBRIS AT A CRIME SCENE? HOW DO YOU GO ABOUT DECIDING WHAT TYPES OF DEBRIS TO COLLECT OR NOT TO COLLECT?

WITH DEBRIS, I WILL TRY TO COLLECT THINGS THAT ARE FOREIGN OR OUT OF PLACE TO THE LOCATION.

SO YOU WOULDN'T PICK UP EVERY SINGLE PIECE OF TRASH THAT HAPPENED TO EXIST AT A CRIME SCENE?

NO.

OR DO YOU DRAW A CERTAIN DIAMETER AROUND THE BODY AND PICK UP EVERY PIECE OF TRASH WITHIN A CERTAIN DIAMETER?

IN CERTAIN INSTANCES, I MAY, BUT NOT NECESSARILY, NO.

SO IF SOMETHING LOOKS OUT OF PLACE, YOU MIGHT COLLECT IT?

YES.

WHAT ABOUT CLOTHING? HOW DO YOU GO ABOUT DECIDING WHAT CLOTHING TO COLLECT OR NOT TO COLLECT?

WITH CLOTHING, I WILL TRY TO IDENTIFY ITEMS THAT SEEM OUT OF PLACE OR IN A STRANGE LOCATION OR MAY HAVE SOME HELP IN THE INVESTIGATION OF A CRIME.

OKAY. SO AGAIN, IT SOUNDS LIKE THESE KINDS OF DECISIONS ARE COMMON SENSE DECISIONS. WOULD THAT BE CORRECT?

EDUCATED -- EDUCATED GUESSES, YES.

OKAY. DIRECTING YOUR ATTENTION NOW BACK TO JUNE THE 13TH OF 1994, AT APPROXIMATELY 5:30 OR SO IN THE MORNING, DID YOU RECEIVE A CALL?

YES, I DID.

WHERE WERE YOU WHEN YOU RECEIVED THAT CALL?

I WAS AT HOME.

OKAY. AND WHAT WAS THE NATURE OF THE CALL?

IT WAS A CALL FROM CRIMINALIST MAZZOLA INFORMING ME THAT THERE WAS A HOMICIDE WE WERE REQUESTED TO RESPOND TO IN THE WEST L.A. DIVISION.

AND WHAT DID YOU HAVE TO DO AFTER RECEIVING THAT CALL?

AFTER RECEIVING THE CALL, I MADE ARRANGEMENTS WITH CRIMINALIST MAZZOLA TO MEET ME AT THE LABORATORY.

OKAY. IF YOU'RE THE SUPERVISOR, WHY DID CRIMINALIST MAZZOLA CALL YOU?

CRIMINALIST MAZZOLA WAS THE PRIMARY CRIMINALIST ON CALL THAT WEEKEND.

INCIDENTALLY, IS THAT HER OFFICIAL DESIGNATION, CRIMINALIST?

YES.

OKAY. AND IS SHE A TRAINEE?

NO. SHE'S A CRIMINALIST.

SO WHEN YOU JOIN THE LAB AND BECOME A CRIMINALIST I, YOU'RE A FULL-FLEDGED CRIMINALIST?

YES.

ALL RIGHT. NOW, WHERE DID YOU MEET UP WITH CRIMINALIST MAZZOLA?

I MET CRIMINALIST MAZZOLA AT THE -- AT THE PIPER TECH LABORATORY THAT MORNING.

WHERE IS PIPER TECH?

PIPER TECH IS AT 555 RAMIREZ STREET. IT'S ABOUT A MILE AWAY FROM PARKER CENTER.

WHY DID YOU HAVE TO MEET THERE AS OPPOSED TO GOING DIRECTLY TO THE CRIME SCENE DID YOU SAY?

I MET HER THERE SO WE COULD MEET AND GET THE CRIME SCENE TRUCK TO RESPOND TO THE LOCATION.

OKAY. HOW MANY CRIME SCENE TRUCKS DOES THE LOS ANGELES POLICE DEPARTMENT HAVE?

FOR THE HOMICIDE CRIMINALISTS, THERE'S ONLY ONE TRUCK.

ALL RIGHT.

YOUR HONOR, AT THIS TIME, I WOULD LIKE TO MARK PEOPLE'S NEXT IN ORDER.

160.

160. AND IT IS A PICTURE OF THE -- WHAT WOULD APPEAR TO BE THE LOS ANGELES POLICE DEPARTMENT CRIMINALISTICS TRUCK, WHICH COUNSEL HAS A COPY OF.

ALL RIGHT. PROCEED.

YOUR HONOR, I'M GOING TO PLACE A 160 ON THE REVERSE SIDE OF THIS PHOTOGRAPH. MAY I PLACE THIS ON THE ELMO SO THAT THE WITNESS AND JURY CAN SEE?

YES.

BY MR. GOLDBERG: OKAY. SIR, DIRECTING YOUR ATTENTION TO THE PICTURE THAT'S ABOVE YOU -- I GUESS YOU CAN SEE THAT FROM WHERE YOU'RE SITTING?

YES.

OKAY. WHAT IS THAT?

THE TRUCK TO THE LEFT IS THE CRIME SCENE INVESTIGATION TRUCK.

OKAY. WHAT ABOUT THE ONE THAT'S OVER TO THE RIGHT THAT SAYS "HAZARDOUS CHEMICALS"? WHAT'S THAT?

THAT IS ANOTHER RESPONSE TEAM IN THE LABORATORY FOR HAZARDOUS CHEMICAL RESPONSE.

SO THE TRUCK THAT YOU WERE TAKING WITH CRIMINALIST MAZZOLA WAS THE ONE THAT'S PRIMARILY FEATURED ON THIS PHOTOGRAPH ON THE LEFT?

YES.

OKAY. AND WHERE DID YOU -- THAT'S FINE. THANK YOU. WHERE DID YOU TAKE THAT TRUCK TO?

WE BROUGHT THAT TRUCK TO 360 NORTH ROCKINGHAM.

NOW, WHILE YOU WERE IN TRANSIT, WAS THERE ANY PAPERWORK THAT YOU BEGAN FILLING OUT AT THE LOC -- AT THE -- IN THE TRUCK?

YES.

WHAT WAS THAT?

THAT WAS THE CRIME SCENE INVESTIGATION CHECKLIST.

OKAY.

YOUR HONOR, AT THIS TIME, I WOULD LIKE TO MARK AS PEOPLE'S 161 A DOCUMENT THAT'S ENTITLED CRIME SCENE INVESTIGATION CHECKLIST.

ALL RIGHT. 161.

AND FOR COUNSEL'S BENEFIT, IT'S L-10. IT'S JUST THE FACE PAGE. CAN WE SEE IT UP HERE?

BY MR. GOLDBERG: SIR, DIRECTING YOUR ATTENTION TO THE DOCUMENT THAT WE'VE JUST MARKED AS PEOPLE'S 161 FOR IDENTIFICATION, DO YOU RECOGNIZE THAT?

YES, I DO.

OKAY. AND ON THAT DOCUMENT, THERE IS A NOTATION THAT SAYS "OIC NAME." IT'S ABOUT SIX LINES DOWN FROM THE TOP.

YES.

WHO IS FILLED IN THERE?

THAT IS A. MAZZOLA OR CRIMINALIST MAZZOLA'S NAME.

OKAY. AND WHAT DOES OIC MEAN?

OIC IS THE ACUMEN FOR OFFICER IN CHARGE.

OKAY. BY THE WAY, WHY DO YOU CALL IT OIC OR OFFICER IN CHARGE?

THAT'S JUST POLICE VERNACULAR FOR WHO'S TAKING RESPONSIBILITY.

BUT TECHNICALLY YOU'RE NOT SWORN PERSONNEL, ARE YOU, CRIMINALIST?

THAT'S CORRECT.

ALL RIGHT. NOW, WHY WAS ANDREA MAZZOLA'S NAME PUT IN THAT LOCATION WHERE IT SAYS OIC?

MISS MAZZOLA WAS THE PRIMARY CRIMINALIST ON CALL THAT WEEKEND AND IT WAS GOING TO BE HER RESPONSIBILITY TO TAKE CARE OF THE PAPERWORK AND DIRECT SOME OF THE SID PEOPLE TO PERFORM THEIR FUNCTIONS.

WELL, WHAT OTHER SID PEOPLE WOULD BE AT A CRIME SCENE THAT YOU WOULD HAVE RESPONSIBILITY FOR DIRECTING?

THE PHOTOGRAPHER AND THE PRINT SPECIALIST ARE UNDER SID.

AND DID YOU ANTICIPATE WHILE YOU WERE DRIVING TO THE ROCKINGHAM LOCATION THAT ANDREA MAZZOLA WAS IN FACT GOING TO BE THE OFFICER IN CHARGE IN THAT SENSE?

YES.

OKAY. THANK YOU. NOW, AT SOME POINT, MR. FUNG, DID THAT ANTICIPATION CHANGE?

YES, IT DID.

WHEN WAS THAT?

AFTER I HAD RECEIVED THE BRIEFING BY DETECTIVE VANNATTER, IT WAS DETERMINED THAT I WOULD BE THE OIC AT THAT CRIME SCENE.

OKAY.

AS FAR AS THE SEARCH TEAM WAS CONCERNED.

WHAT TIME DID YOU ARRIVE AT THE ROCKINGHAM LOCATION?

I ARRIVED THERE AT 7:10 IN THE MORNING.

OKAY. AND WHY DID YOU DECIDE THAT YOU WERE GOING TO BECOME THE PERSON IN CHARGE OF THE INVESTIGATION AS OPPOSED TO ANDREA MAZZOLA?

NOW, JUST SO I CAN UNDERSTAND THE RELATIONSHIP BETWEEN A CRIMINALIST I AND A CRIMINALIST III, LET'S SAY THAT YOU HAD ARRIVED AT A CRIME SCENE WITH CRIMINALIST MAZZOLA THAT WAS FAIRLY SIMPLE, ROUTINE, VERY LITTLE EVIDENCE TO COLLECT. WHAT WOULD THE RELATIONSHIP BETWEEN CRIMINALIST MAZZOLA AND YOURSELF HAVE BEEN AT THAT KIND OF A SCENE?

CRIMINALIST MAZZOLA WOULD HAVE DETERMINED THE TYPE OF EVIDENCE THAT SHE WOULD HAVE COLLECTED AND TAKEN ABOUT THE MORE PROCEDURAL FUNCTIONS SUCH AS DIRECTING THE PHOTOGRAPHER AS TO WHAT TYPE OF PHOTOGRAPHS HE SHOULD TAKE AND DIRECTING THE PRINT EXAMINERS TO THE SPECIFIC ITEMS TO BE PRINTED AT THE SCENE.

OKAY. SO IF IT HAD BEEN A SIMPLE SCENE, YOU WOULD HAVE ALLOWED CRIMINALIST MAZZOLA TO MAKE THESE KINDS OF DISCRETIONARY TYPE DECISIONS THAT YOU DESCRIBED EARLIER IN YOUR TESTIMONY REGARDING WHAT TO COLLECT AND WHAT NOT TO COLLECT?

UNDER MY SUPERVISION, YES.

OKAY. WELL, WHAT IF YOU SAW HER MAKING A MISTAKE?

IF I SAW HER MAKING A MISTAKE, I WOULD TELL HER -- TELL HER ABOUT IT AND CORRECT HER PROCEDURE.

OKAY. NOW, LET'S SAY THAT WE WERE TALKING ABOUT A VERY SIMPLE SCENE WHERE THERE WASN'T A LOT OF EVIDENCE TO COLLECT, YOU WERE WORKING WITH ANDREA MAZZOLA AND THERE WAS A DISPUTE BETWEEN THE TWO OF YOU. SHE SAYS, "WHY DON'T YOU COLLECT THAT?" YOU SAY, "NO, YOU COLLECT THAT." "NO, YOU COLLECT THAT." "NO, YOU COLLECT --" OR ANY OTHER KIND OF A DISPUTE. WHO IS GOING TO WIN IN THAT KIND OF DISPUTE?

CRIMINALIST III TAKES PRECEDENT AND THE CRIMINALIST I WILL HAVE TO DEAL WITH THE CRIMINALIST -- THE CRIMINALIST I WILL HAVE TO DO WHAT THE CRIMINALIST III SAYS.

SO EVEN AT A SIMPLE CRIME SCENE, ARE YOU STILL DESIGNATED THEN AS BEING ANDREA MAZZOLA'S SUPERVISOR IN THAT SENSE?

YES.

OKAY. NOW, AT THIS PARTICULAR CRIME SCENE AT ROCKINGHAM, WAS THERE EVER A TIME WHERE ANDREA MAZZOLA DID DIRECT CRIME SCENE PHOTOGRAPHERS?

NO.

OR PRINT PEOPLE?

NO.

OR ANYONE ELSE THAT YOU SAW?

NO.

WHAT ABOUT AT THE LOCATION AT ROCKING -- AT BUNDY?

NO.

SHE WAS -- SHE DID NOT HAVE ANY OPPORTUNITY TO DIRECT ANYBODY AT THAT SCENE.

AT BOTH SCENES, WERE YOU TELLING HER WHAT ITEMS TO COLLECT AND WHAT NOT TO COLLECT?

YES.

OKAY. NOW, AFTER YOU ARRIVED AT THE LOCATION AT ROCKINGHAM AT APPROXIMATELY YOU SAID 7:10 A.M., WHAT WAS THE VERY FIRST THING YOU DID WHEN YOU GOT THERE?

FIRST THING I DID WAS, I WAS MET BY DETECTIVE VANNATTER, AND HE GAVE ME A BRIEFING AS TO WHAT HE HAD AT THE CRIME SCENE AND WHAT HE WANTED ME TO DO.

DID HE SHOW YOU ANY EVIDENCE?

YES, HE DID.

WHAT DID HE SHOW YOU?

OKAY. DID YOU NOTICE ANYTHING ABOUT THE TEMPERATURE AT THAT TIME OF THE WEATHER?

IT WAS FAIRLY COOL.

WHAT ABOUT THE LAWNS? DID YOU NOTICE ANYTHING THAT LOOKED LIKE IT COULD HAVE BEEN DEW ON THE LAWNS?

I DID NOTICE THAT THERE WAS SOME -- THAT THE GRASS WAS WET.

ALL RIGHT. AND AFTER THE ITEMS OF EVIDENCE WERE POINTED OUT BY DETECTIVE VANNATTER, HOW DID YOU GO ABOUT COLLECTING THEM? WERE -- DID YOU DO IT ALONE OR DID MISS MAZZOLA HELP YOU? HOW DID THAT WORK?

MISS MAZZOLA AND I WORKED AS A TEAM TO DOCUMENT AND COLLECT THE EVIDENCE.

NOW, IN TERMS OF COLLECTING BIOLOGICAL EVIDENCE, PARTICULARLY BLOOD, HAVE YOU BEEN TRAINED IN HOW TO DO THAT IN THE STANDARD TECHNIQUE THAT'S USED WITHIN THE LAPD?

YES.

OKAY. AND DID YOU USE THAT TECHNIQUE AT THE LOCATION OF ROCKINGHAM FOR THE PURPOSES OF COLLECTING THE EVIDENCE?

YES, I DID.

YOUR HONOR, AT THIS TIME, I WOULD LIKE TO MARK AS PEOPLE'S 162 FOR IDENTIFICATION A BOARD THAT IS ENTITLED "COLLECTING A STAIN DEMONSTRATION."

ALL RIGHT. PEOPLE'S 162.

I WOULD LIKE TO PUT UP -- AND I WOULD ALSO LIKE TO MARK AS PEOPLE'S 163 FOR IDENTIFICATION A BROWN PAPER BAG AND ITS CONTENTS, AND I'D LIKE THE -- THERE'S A DOCUMENT IN THERE THAT I WOULD LIKE MARKED AS PEOPLE'S 163-A. THIS DOCUMENT IS INVENTORY, YOUR HONOR, THAT ITEMIZES ALL OF THE CONTENTS OF THE BAG AS BEING A THROUGH L, PEOPLE'S 163, B AND B THE EXHIBIT ITSELF, THE INVENTORY.

YES.

AND I ALREADY PREMARKED THE ITEMS INSIDE THE BAG.

BY MR. GOLDBERG: MR. FUNG, CAN YOU SEE THIS BOARD FROM WHERE YOU'RE STANDING?

I CAN'T SEE. I WOULD HAVE TO GET UP.

WITH THE COURT'S PERMISSION, CAN THE WITNESS --

YES.

BY MR. GOLDBERG: OKAY. SIR --

CAN I STAND OVER THERE, YOUR HONOR, SO I'M NOT BLOCKING THE JURORS?

PERHAPS WE CAN PULL UP THE PHOTOGRAPH THAT'S MARKED NO. 1 ON PEOPLE'S 163.

BY MR. GOLDBERG: SIR, DOES PEOPLE'S 163 DEMONSTRATE MOST OF THE MAJOR STEPS THAT ARE INVOLVED IN COLLECTING A STAIN?

YES, IT DOES.

AND DIRECTING YOUR ATTENTION TO THE PHOTOGRAPH THAT'S NUMBERED 1 ON THIS BOARD THAT SAYS NUMBER OF MEASURED STAINS, WHAT DOES THAT PHOTOGRAPH DEPICT?

THAT DEPICTS THE DOCUMENTATION PORTION OF THE COLLECTION OF A STAIN. WE WILL NUMBER THE STAIN WITH AN IDENTIFICATION NUMBER AND THEN MEASURE THE STAIN AS TO ITS LOCATION AND THEN HAVE IT PHOTOGRAPHED.

AND THIS PARTICULAR DEMONSTRATION, WHO IS PORTRAYED IN THE PHOTOGRAPH THAT'S MARKED -- THAT'S LABELED AS 2 AND THE REST OF THE PHOTOGRAPH?

THAT'S CRIMINALIST MAZZOLA.

CAN WE SEE NO. 2? DIRECTING YOUR ATTENTION TO PHOTOGRAPH NO. 2, WHAT STEP DOES THIS INVOLVE?

THIS INVOLVES THE COLLECTION OF THE -- OF A CONTROL. IN THIS PHOTOGRAPH, SHE IS SELECTING A CLOTH SWATCH AND DAMPENING IT WITH DISTILLED WATER.

SIR, I WOULD LIKE TO SHOW YOU WHAT WE'VE MARKED AS PEOPLE'S 163-E FOR IDENTIFICATION. IT'S A COIN ENVELOPE CONTAINING A BINDLE. CAN YOU OPEN UP THAT BINDLE AND TELL US WHAT'S INSIDE OF IT?

I'M OPENING UP THE BINDLE, UNFOLDING IT, AND WITHIN THE BINDLE ARE THREE CLOTH SWATCHES.

YOUR HONOR, PERHAPS I CAN PUT THIS ON THE ELMO AS WELL SO THAT THE JURY CAN TAKE A LOOK AT THAT.

ALL RIGHT. LET'S GIVE IT A TRY.

BY MR. GOLDBERG: OKAY. YOU CAN KIND OF SEE THEM. WELL, NOW I GUESS THEY LOOK MORE LIKE TABLECLOTHS THAN SWATCHES. BUT, MR. FUNG, WHAT IS REPRESENTED HERE ON THE -- THIS EXHIBIT?

YOU CAN SEE THREE CLOTH SWATCHES IN THAT -- I GUESS IT'S A PROJECTION.

OKAY. YOUR HONOR, PERHAPS WE COULD PASS IT AROUND TO THE JURY JUST SO THEY CAN GET A SENSE OF HOW SMALL THE ITEM IS.

SURE.

THEY SHOULD BE WARNED THEY HAVE TO BE CAREFUL. OTHERWISE, THEY'RE GOING TO LOSE SOME OF OUR SWATCHES.

ALL RIGHT. THE RECORD SHOULD REFLECT THAT ALL OF THE JURORS HAVE HAD THE OPPORTUNITY TO OBSERVE THE CONTENTS OF 163-E.

MAYBE YOU CAN REFOLD THAT FOR US, MR. FUNG, SO WE DON'T LOSE THEM.

BY MR. GOLDBERG: OKAY. SO IN PHOTOGRAPH NUMBER 2 -- MAYBE WE CAN GET THAT BACK UP AGAIN -- YOU ARE -- THAT'S SHOWING HER DAMPENING THESE LITTLE TINY SWATCHES THAT THE JURY HAS JUST SEEN.

YES. YES.

AND HOW IS SHE HOLDING THE SWATCHES?

THE SWATCHES ARE HELD WITH A PAIR OF TWEEZERS.

OKAY. AND WHAT DOES SHE DAMPEN THEM WITH?

SHE'S DAMPENING THEM WITH DISTILLED WATER.

ALL RIGHT. NOW, DIRECTING YOUR ATTENTION TO THE CELL NUMBER 3 ON OUR COLLECTING THE STAIN BOARD, PEOPLE'S 162.

AFTER SHE DAMPENS THE CLOTH SWATCH, SHE APPLIES THAT SWATCH TO AN AREA VERY CLOSE TO THE STAIN.

OKAY. SO ON THIS PHOTOGRAPH, IT ACTUALLY LOOKS LIKE SHE'S MISSING THE STAIN NO. 5 BY WHAT COULD BE ABOUT AN INCH OR SO?

YES.

AND WHY IS SHE DOING THAT?

SHE'S DOING THAT SO THAT SHE WILL GET A REPRESENTATIVE SUBSTRATE CONTROL.

OKAY. WHAT DOES THE TERM "SUBSTRATE" REFER TO IN THIS TERM THAT YOU'VE JUST USED, SUBSTRATE CONTROL?

THE SUBSTRATE IS THE OBJECT FROM WHICH WE ARE COLLECTING A STAIN. IN THIS CASE, IT'S A SIDEWALK. HOWEVER, IT COULD BE A WALL OR A TABLE. IT'S WHATEVER WE'RE COLLECTING THE STAIN FROM.

AND WHAT DOES THE TERM "CONTROL" REFER TO?

CONTROL REFERS TO THE PROCESS OF LOOKING FOR SOMETHING THAT WILL SOMEHOW AFFECT THE CONCLUSIONS OF AN ANALYSIS. SO IF THERE WAS SOME TYPE OF INTERFERING SUBSTANCE ON THE SIDEWALK HERE, IT SHOULD SHOW UP IN THE SUBSTRATE CONTROL.

DOES THE SUBSTRATE CONTROL SERVE ANY OTHER PURPOSE OTHER THAN TRYING TO TELL YOU WHAT MIGHT BE ON THE SUBSTRATE, IF ANYTHING?

THERE ARE OTHER SIDE BENEFITS IN THE -- IN PERFORMING A SUBSTRATE CONTROL. ONE OF THEM IS THAT OUR INSTRUMENTS AND MATERIALS USED TO COLLECT THE SAMPLES ARE ALSO CHECKED DURING THIS PROCESS AND OUR TECHNIQUE TO SOME DEGREE IS CHECKED BY THE PERFORMANCE OF COLLECTING A SUBSTRATE CONTROL.

OKAY. SO IN OTHER WORDS, IF THE SUBSTRATE CONTROL CAME UP CLEAN, THAT MIGHT PROVIDE SOME INDICATION THAT YOUR TECHNIQUES IN TERMS OF COLLECTING THE STAINS WERE PROPER?

YES.

BUT IF IT COMES UP DIRTY, DOES THAT NECESSARILY MEAN -- WELL, I'M NOT SURE OF "DIRTY" IS THE SCIENTIFICALLY CORRECT WORD, BUT IF YOU TEST IT AND YOU FIND SOME BIOLOGICAL EVIDENCE ON THERE, WHAT DOES THAT TELL YOU, IF ANYTHING?

THAT COULD INDICATE THAT THERE WAS ALSO SOME TYPE OF BIOLOGICAL SUBSTANCE ON THE SUBSTRATE ITSELF.

MEANING ON THE SIDEWALK IN THIS PARTICULAR DEMONSTRATION?

YES.

AND THAT IS THE PURPOSE OF A SUBSTRATE CONTROL, IT'S INTENDED PURPOSE?

YES.

AND WHY IT'S CALLED SUBSTRATE CONTROL?

YES.

OKAY. NOW, AFTER THE SUBSTRATE CONTROL IS COLLECTED, WHAT DOES SHE DO WITH THE SUBSTRATE CONTROL?

THE CLOTH SWATCH USED TO CREATE THE SUBSTRATE CONTROL IS PUT IN A PLASTIC BAGGIE.

OKAY. SIR, I WOULD LIKE TO SHOW YOU A PLASTIC BAGGIE THAT I'VE JUST REMOVED FROM PEOPLE'S 162 -- EXCUSE ME -- 163-E FOR IDENTIFICATION. DO YOU RECOGNIZE THAT PARTICULAR TYPE OF MATERIAL?

YES, I DO.

AND WHAT'S THAT?

THIS IS THE TYPE OF BAG THAT WE USE TO PLACE THE CLOTH SWATCH IN ONCE IT HAS BEEN APPLIED TO THE SIDEWALK.

OKAY. SO AFTER COLLECTING THIS CLOTH SWATCH THAT MAY HAVE NOTHING ON IT, SHE THEN PUTS IT INTO THE PLASTIC BAGGIE?

YES.

AND IS THAT SHOWN IN PHOTOGRAPH NO. 4, IF WE COULD HAVE THAT UP?

YES, IT IS.

AND SO SHE HAS THE PLASTIC BAGGIE THERE IN HER RIGHT HAND IT APPEARS AND SHE'S PUTTING IT IN THE COIN ENVELOPE THAT'S BEING HELD IN HER LEFT?

YES.

NOW, HOW DOES SHE GET THE CLOTH SWATCH INTO THE PLASTIC BAGGIE?

SHE PUTS THEM IN WITH A PAIR OF TWEEZERS.

OKAY. AND THEN WHAT DOES SHE DO WITH IT?

THE PLASTIC BAG IS PLACED IN THE LABELED COIN ENVELOPE AND SHE GOES ON TO THE NEXT STEP.

OKAY. MAYBE YOU CAN REPLACE THE PLASTIC BAGGIE IN THERE NOW THAT WE'VE SEEN WHAT THAT LOOKS LIKE. NOW, DIRECTING YOUR ATTENTION TO CELL 5 LABELED "CLEAN TWEEZERS."

COULD WE HAVE THAT UP THERE?

BY MR. GOLDBERG: WHAT IS DEPICTED IN THIS CELL?

THAT DEPICTS CRIMINALIST MAZZOLA CLEANING HER TWEEZERS.

OKAY. AND HOW DOES SHE CLEAN THEM?

SHE WILL WET A TISSUE WITH DISTILLED WATER AND WIPE THE TWEEZERS ON THE MOISTENED PART OF THE TISSUE TO WIPE AWAY THE -- ANY TYPE OF MATERIAL THAT MAY BE PRESENT ON THE TWEEZERS.

SO WHY DO YOU HAVE TO CLEAN THE TWEEZERS NOW IF YOU'VE ONLY COLLECTED THE SUBSTRATE CONTROL?

THE TWEEZERS ARE CLEANED JUST AS A MATTER OF HYGIENE AND/OR LAB PRACTICE, GOOD LAB PRACTICE.

ARE YOU HANDLING THE SUBSTRATE CONTROL THEN IN EXACTLY THE SAME WAY YOU HANDLE A STAIN JUST AS IF IT WERE A STRAIN?

YES.

ALL RIGHT. NOW, DIRECTING YOUR ATTENTION TO THE CELL THAT'S NUMBERED 6 THAT SAYS TAKE NEW SWATCH, THEN DAMPEN IT, WHAT DOES THAT SHOW?

THAT DEPICTS CRIMINALIST MAZZOLA SELECTING A SWATCH WHICH IS APPROXIMATELY THE CORRECT SIZE TO TRANSFER THE STAIN ONTO -- ONTO IT. SHE WILL SELECT A SWATCH, DAMPEN IT AND WITH A PAIR OF TWEEZERS APPLY IT TO THE STAIN AND LET THE STAIN ABSORB ONTO THE CLOTH SWATCH.

OKAY. NOW, IN NUMBER 6, SHE APPEARS TO HAVE TAKEN A SWATCH OUT OF A LITTLE -- LOOKS LIKE A PILL BOTTLE; IS THAT RIGHT?

YES.

AND YOU SAY THAT SHE HAS TO SELECT ONE THAT'S THE RIGHT SIZE. WHAT DO YOU MEAN BY THAT?

IN -- WHEN SHE'S COLLECTING OR WHEN WE COLLECT BLOODSTAINS, IT'S IMPORTANT NOT TO COLLECT THE STAIN ONTO A SWATCH THAT'S TOO LARGE. OTHERWISE, THE STAIN WILL BE DILUTED AND MORE DIFFICULT TO ANALYZE.

IS THAT WHY YOU'RE USING THESE LITTLE TINY SWATCHES THAT THE JURY HAS JUST SEEN?

YES.

BECAUSE YOU WANT IT TO BE AS CONCENTRATED AS IT CAN BE?

YES.

ALL RIGHT. NOW, DIRECTING YOUR ATTENTION TO THE CELL THAT'S LABELED NO. 6 THAT SAYS COLLECT STAIN AND IN PARENTHESIS HAS NUMBER CARD REMOVED. IF WE COULD HAVE THAT. WHAT IS MISS MAZZOLA DOING HERE?

MISS MAZZOLA IS APPLYING THE CLOTH SWATCH TO THE STAIN ITSELF.

SO NOW SHE'S ACTUALLY COLLECTING THE STAIN?

YES.

AND IN THIS CASE, IT WAS THE ONE THAT WAS NUMBERED 5?

YES.

ALL RIGHT. AND SHE DOES THAT SIMPLY BY APPLYING THE DAMPENED CLOTH SWATCH TO THE STAIN ITSELF?

YES.

NOW, DIRECTING YOUR ATTENTION TO THE PHOTOGRAPH THAT'S IN CELL 8, WHAT DOES THAT DEPICT HER DOING?

THAT DEPICTS HER PLACING THE CLOTH SWATCH IN A PLASTIC BAG AND THEN PLACING THE PLASTIC BAG IN THE COIN ENVELOPE.

AND DOES THAT GO IN THE VERY SAME COIN ENVELOPE --

YES.

-- THAT YOU ALREADY PUT THE SUBSTRATE CONTROL IN?

YES.

AND SO YOU HAVE A COIN ENVELOPE THAT HAS A STAIN IN ONE PLASTIC BAG AND THEN A CONTROL IN ANOTHER PLASTIC BAG?

YES.

AND THE COIN ENVELOPE WOULD BE NUMBERED TO CORRESPOND WITH THE NUMBER CARD?

YES.

OKAY. THANK YOU. YOU MAY RESUME YOUR SEAT. SIR, JUST FOLLOWING UP THEN ON THE COLLECTION PROCEDURE, IF YOU'RE COLLECTING CONSECUTIVE STAINS, LET'S SAY 5, AND THEN YOU WENT ON TO COLLECT STAIN 6, USING THE STANDARD PROCEDURE THAT YOU JUST DESCRIBED, HOW MANY TIMES ARE YOU GOING TO CLEAN THE TWEEZERS BETWEEN COLLECTING STAIN NO. 5 AND STAIN NO. 6?

ALL TOLLED?

YES.

FOUR TIMES.

NO. BETWEEN THE TWO STAINS?

OH, BETWEEN THE TWO STAINS?

YEAH.

ONCE.

WELL, IF YOU COLLECT -- LET'S SEE IF WE CAN GET THE SEQUENCE DOWN BETWEEN THE TWO STAINS. LET'S SAY THAT YOU'VE COLLECTED THE STAIN NO. 5?

YES.

OKAY. THEN THE NEXT THING THAT YOU'RE GOING TO DO ON NO. 6 IS TO COLLECT THE SUBSTRATE CONTROL?

YES.

WILL YOU HAVE CLEANED YOUR TWEEZERS BEFORE DOING THAT?

YES.

ALL RIGHT. AND THEM YOU WOULD PACKAGE UP SUBSTRATE CONTROL NO. 6?

YES.

AND NOW YOU'RE GOING TO COLLECT STAIN NO. 6?

YES.

BEFORE COLLECTING STAIN NO. 6, WILL YOU HAVE CLEANED YOUR TWEEZERS AGAIN?

YES.

ALL RIGHT. SO IT'S TWICE UNDER THE STANDARD PRACTICE THAT YOU CLEAN THE TWEEZERS?

YES.

BETWEEN STAINS?

YES.

ALL RIGHT. IF SOMEONE VARIES THAT PRACTICE BY COLLECTING THE TWEEZERS AN EXTRA TIME --

COLLECTING?

BY MR. GOLDBERG: I'M SORRY -- CLEANING THE TWEEZERS AN EXTRA TIME, IS THAT SOMETHING OVER AND ABOVE THE STANDARD PRACTICE THAT YOU'RE USING AT LAPD?

YES.

ALL RIGHT. OKAY. SO IS THE PROCEDURE THAT YOU JUST DESCRIBED THE SAME GENERAL PROCEDURE THAT WAS USED TO COLLECT THE STAINS AT ROCKINGHAM?

YES, IT IS.

ALL RIGHT.

YOUR HONOR, I WOULD LIKE TO MARK AS MY NEXT EXHIBIT PEOPLE'S 164 FOR IDENTIFICATION, A DIAGRAM -- I'M SORRY. IT'S ALREADY BEEN MARKED. I WOULD LIKE TO USE WHAT'S ALREADY BEEN MARKED AS PEOPLE'S 120 WHICH IS A DIAGRAM OF ROCKINGHAM.

ALL RIGHT. PEOPLE'S 120.

BY MR. GOLDBERG: MR. FUNG, PERHAPS YOU CAN STEP DOWN IF YOU NEED TO TAKE A CLOSER LOOK AT THIS BOARD. HAVE YOU HAD AN OPPORTUNITY TO LOOK AT THIS BOARD BEFORE TODAY?

YES, I HAVE.

AND THE PHOTOGRAPHS IN IT AS WELL?

YES.

OKAY. NOW, DIRECTING YOUR ATTENTION TO PHOTOGRAPH A ON THIS BOARD, THERE ARE IN THAT PHOTOGRAPH WHAT APPEAR TO BE LITTLE TINY CARDS IN THE STREET AND ON THE DRIVEWAY. WHAT DO THOSE CARDS REPRESENT?

THOSE REPRESENT ITEMS OF EVIDENCE OR TAGS FOR ITEMS OF EVIDENCE THAT WE WERE GOING TO DOCUMENT.

SO THESE ARE THE CARDS THAT YOU USE WHEN YOU WERE PREVIOUSLY DESCRIBING I THINK WHAT WAS STEP NO. 1 ON THE DEMONSTRATION, NUMBERING AND MEASURING THE STAINS?

YES.

YOUR HONOR, I WOULD OBJECT THAT TESTIMONY HAS BEEN CONCLUSIONARY. HE HAS TO TESTIFY SPECIFICALLY TO WHAT HE OR SOMEONE --

SUSTAINED. REPHRASE THE QUESTION.

BY MR. GOLDBERG: THESE ARE THE CARDS THAT YOU USED?

YES.

AND ARE THESE CARDS CARDS THAT YOU PUT OUT OR THAT ANDREA MAZZOLA PUT OUT IN YOUR PRESENCE?

YEAH.

YOUR HONOR, I OBJECT TO THAT AS BEING VAGUE.

OVERRULED.

HE SHOULD SAY WHO DID WHAT.

OVERRULED. THAT'S NOT -- WAIT. IT'S NOT AN APPROPRIATE OBJECTION. PROCEED.

THANK YOU.

BY MR. GOLDBERG: SIR, AND FOR WHAT PURPOSE WERE THESE CARDS PUT OUT?

THE CARDS WERE PUT OUT TO MARK ITEMS OF EVIDENCE OR LOCATIONS THAT WE WANTED DOCUMENTED.

OKAY. NOW, THERE'S ALSO A CALL OUTLINE THAT GOES FROM THE PHOTOGRAPHS THAT ARE LABELED A AND B ON THIS DIAGRAM. WHAT DOES -- DOES THAT CALL OUTLINE PORTRAY THE GENERAL AREA THAT YOU SAW THESE TWO STAINS, THE STAINS IN A AND B?

YES.

OKAY. BUT ONE'S IN THE STREET, THE OTHER ONE IS IN THE DRIVEWAY?

YES.

ALL RIGHT. NOW, IF YOU LOOK CLOSELY NOW AT THE PHOTOGRAPH THAT'S MARKED C ON THIS DIAGRAM. MAYBE WE CAN HAVE THAT ONE. I DON'T KNOW IF THE RESOLUTION ON THE LARGE ONE IS GOOD ENOUGH, BUT, MR. FUNG, MAYBE YOU CAN TAKE A LOOK AT THE SMALLER PHOTOGRAPH HERE WHICH IS C. CAN YOU ACTUALLY SEE THE NUMBERS ON THE CARD?

YES, I CAN.

AND DO THOSE CARDS REPRESENT STAIN NO. --

5.

-- 5 AND 6? WELL, THERE'S 5, 6 AND THEN THERE'S A LETTER?

YES.

OKAY. AND DIRECTING YOUR ATTENTION TO THE CALL OUTLINE FROM THAT PHOTOGRAPH, DOES THAT DEMONSTRATE THE GENERAL AREA WHERE THESE THREE STAINS WERE LOCATED?

YES, IT DOES.

AND WITH RESPECT TO THE PHOTOGRAPH THAT'S MARKED D ON THIS DIAGRAM, DOES THAT REPRESENT STAIN NO. 8 AS PORTRAYED IN THE -- IS THAT AN 8?

THAT'S A B.

OH, I'M SORRY. A B. OKAY. AND DOES THE CALL OUTLINE SHOW WHERE B WAS?

YES. APPROXIMATELY, YES.

OKAY. AND NOW LOOKING AT THE PHOTOGRAPH THAT'S MARKED F ON THIS DIAGRAM --

YES.

-- WHAT DOES THAT SHOW?

THAT SHOWS THE STAIN THAT WE LABELED C.

OKAY. AND NOW LOOKING AT PHOTOGRAPH I -- MAYBE WE CAN HAVE I. WHICH STAIN IS DEPICTED IN I?

THAT WOULD -- THAT IS NO. 7.

OKAY. AND DOES THE CALL OUTLINE REPRESENT THE GENERAL AREA WHERE 7 WAS COLLECTED FROM?

YES, IT DOES.

AND NOW DIRECTING YOUR ATTENTION TO PHOTOGRAPH K, WHAT DOES THAT DEPICT?

THAT DEPICTS THE LOCATION WHERE NO. 8 WAS COLLECTED.

OKAY. AND THE CALL OUTLINE ON THAT?

YES.

OKAY. YOU CAN RESUME YOUR SEAT. NOW, DID YOU COLLECT A STAIN ON THE CAR DOOR OF A BRONCO THAT WAS LOCATED AT THE ROCKINGHAM LOCATION?

YES.

DO YOU HAVE TO IN ORDER TO TELL US TIMES THAT VARIOUS STAINS WERE COLLECTED REFER TO SOMETHING OR DID YOU MEMORIZE THAT?

I WOULD HAVE TO REFER TO NOTES.

WHAT TYPE OF DOCUMENT WOULD YOU HAVE TO REFER TO?

THERE'S AN EVIDENCE COLLECTION SHEET THAT WE FILL OUT.

IS THAT THE CRIME SCENE IDENTIFICATION CHECK -- PART OF THE CRIME SCENE IDENTIFICATION CHECKLIST?

YES.

THAT WAS THE DOCUMENT THAT WE PUT UP EARLIER THAT HAD -- THAT WE WERE TALKING ABOUT IN TERMS OF WHO WAS IN THE BOX OR THE LINE LOCATED ACROSS FROM WHERE IT SAYS OIC, OFFICER IN CHARGE?

YES.

AND WHEN IS THAT PARTICULAR DOCUMENT FILLED OUT? IS IT AT THE CRIME SCENE OR AFTER OR --

THE -- CERTAIN PORTION -- WELL, MOST EVERY PORTION IS FILLED OUT AT THE CRIME SCENE.

OKAY. SO THE PORTIONS DOCUMENTING THE NUMBERS THAT YOU COLLECTED AND THEIR LOCATIONS, WHEN ARE THEY FILLED OUT?

THOSE ARE FILLED OUT AT THE CRIME SCENE.

ALL RIGHT. DO YOU KNOW WHO TOOK THE MEASUREMENTS OF THE VARIOUS ITEMS HERE THAT ARE LISTED IN THE CRIME SCENE IDENTIFICATION CHECKLIST?

BOTH CRIMINALIST MAZZOLA AND MYSELF WERE WORKING AS A TEAM TO MEASURE THESE ITEMS OF EVIDENCE.

SO YOU WORKED TOGETHER IN THAT?

YES.

AND WITH RESPECT TO THE TIMES THAT ARE WRITTEN DOWN THERE, AS TO THE EVIDENCE COLLECTION THAT OCCURRED AT ROCKINGHAM THE MORNING OF THE 13TH, WHEN WERE THOSE FILLED OUT?

THOSE WERE FILLED OUT AT APPROXIMATELY THE SAME TIME THAT THEY WERE COLLECTED.

SO THEY ARE NOT EXACT?

NO, THEY'RE NOT.

ALL RIGHT. APPROXIMATELY HOW MANY PAGES OF DOCUMENTATION INCLUDING THE CRIME SCENE INVESTIGATION CHECKLIST DID YOU GENERATE IN THIS CASE IN CONNECTION WITH THE EVIDENCE THAT YOU COLLECTED WOULD YOU SAY?

THERE WERE APPROXIMATELY 80 SHEETS OF NOTES AND REPORTS GENERATED.

HAVE YOU HAD AN OPPORTUNITY TO LOOK THOSE OVER PRIOR TO YOUR TESTIMONY?

YES, I HAVE.

AND ARE THERE SOME CLERICAL ERRORS IN SOME OF THOSE REPORTS AND NOTES?

YES, THERE ARE.

OKAY. WHEN YOU'RE AT THE CRIME SCENE, DO YOU FILL THESE PARTICULAR DOCUMENTS OUT -- WELL, DID YOU FILL THIS PARTICULAR DOCUMENT OUT -- I'M REFERRING TO THE ROCKINGHAM CRIME SCENE INVESTIGATION CHECKLIST -- IN PEN OR IN PENCIL?

THIS I BELIEVE WAS DONE IN PENCIL.

AND WHY -- WHY WOULD YOU USE A PENCIL AS OPPOSED TO A PEN?

IF A MISTAKE WAS MADE, THEN YOU COULD EASILY ERASE IT AND PUT IN THE CORRECT INFORMATION.

SO IT'S A DOCUMENT THAT YOU ARE FILLING OUT IN THE FIELD?

YES.

AND IF THERE'S A MISTAKE, YOU SIMPLY ERASE AND THEN WRITE OVER IT?

YES.

OKAY. NOW, CAN YOU TELL US AT APPROXIMATELY WHAT TIME THE ITEM ON THE BRONCO DOOR WAS RECOVERED?

THAT WAS RECOVERED AT APPROXIMATELY 8:15 IN THE MORNING.

NOW, PERHAPS I CAN PUT THAT EXHIBIT UP. IT'S PEOPLE'S 62-B I BELIEVE. WHAT DOES PEOPLE'S 62-B FOR IDENTIFICATION DEPICT?

THAT DEPICTS ME POINTING AT THE STAIN THAT WAS ON THE DOOR HANDLE OR NEAR THE DOOR HANDLE.

AND THAT'S WHAT WAS COLLECTED AT APPROXIMATELY 8:15 OR SO IN THE MORNING?

YES.

NOW, WHEN YOU WERE AT THE BRONCO THAT MORNING, COULD YOU SEE ANY OTHER BLOOD INSIDE OF THE BRONCO?

I DID SEE WHAT APPEARED TO BE STAINS IN THE INTERIOR PORTION OF THE VEHICLE.

WHERE WERE YOU STANDING WHEN YOU SAW THOSE?

I WAS STANDING AT THE FRONT PASSENGER WINDOW.

SO ON THE OTHER SIDE OF THE VEHICLE AS DEPICTED IN THIS PHOTOGRAPH, PEOPLE'S 62-B?

YES.

ALL RIGHT. WHAT DID YOU SEE WHEN YOU WERE LOOKING IN?

I SAW SOME REDDISH STAINS ON THE CONSOLE AND NEAR THE WINDOW LEDGE OF THE DRIVER DOOR.

WAS THERE ENOUGH LIGHT FOR YOU TO BE ABLE TO SEE THE FLOORBOARD ON THE DRIVER'S SIDE?

I COULD SEE THE DRIVER'S FLOORBOARD, BUT I COULDN'T MAKE ANYTHING OUT.

ON IT.

THAT'S CORRECT.

OKAY. NOW, WITH RESPECT TO STAINS 4 THROUGH 6, WHAT TIME WERE THOSE COLLECTED APPROXIMATELY?

STAINS 4 THROUGH 6 WERE COLLECTED APPROXIMATELY 9:00 O'CLOCK.

AND 7 THROUGH 8, APPROXIMATELY WHEN WERE THOSE COLLECTED?

7 AND 8 WERE COLLECTED APPROXIMATELY 9:15.

NOW, WHEN YOU WERE LOOKING AT THE VARIOUS BLOOD DOTS THAT YOU PREVIOUSLY DESCRIBED THAT ARE DEPICTED ON THE DIAGRAM HERE THAT'S BEEN PREVIOUSLY MARKED AS PEOPLE'S 120 FOR IDENTIFICATION, DID ANY OF THOSE BLOOD DOTS APPEAR TO BE STEPPED IN?

NO.

WHAT CONDITION DID THEY APPEAR TO BE IN?

THEY APPEARED TO BE DRY AND THEY HAD A REDDISH TINGE TO THEM AND THEY APPEARED FRESH.

OKAY.

ALL RIGHT. MR. GOLDBERG, WOULD THIS BE AN APPROPRIATE POINT?

IT WOULD, YOUR HONOR.

ALL RIGHT. HOW ABOUT IF YOU TAKE THAT EXHIBIT DOWN FOR ME. ALL RIGHT. LADIES AND GENTLEMEN, WE ARE GOING TO TAKE OUR RECESS FOR THE MORNING SESSION. PLEASE REMEMBER ALL OF MY ADMONITIONS TO YOU; DO NOT DISCUSS THE CASE AMONGST YOURSELVES, DO NOT FORM ANY OPINIONS ABOUT IT, DO NOT CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU, DO NOT ALLOW ANYBODY TO COMMUNICATE WITH YOU WITH REGARD TO THE CASE. COUNSEL, WE WILL STAND IN RECESS UNTIL 1:30. AND LET ME SEE COUNSEL WITHOUT THE REPORTER AT THE SIDEBAR. MR. FUNG, YOU ARE ORDERED TO RETURN AT 1:30.