Cross-examination of Dennis Fung (part 3)

📄 Cross-examination of Dennis Fung (part 3) — Tuesday, April 4, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\4\CROSS-EXAMINATION-OF-DENNIS-FU.DOC

TRIAL

▲ Day 51 of 167

◀ Sidebar: marking evidence Jury admonition ▶

Witness: Dennis Fung
Examiner: Barry Scheck
Called by: Prosecution • Date: Tuesday, April 4, 1995 • Utterances: 529

Barry Scheck continues his devastating cross-examination of LAPD criminalist Dennis Fung, establishing two core points: first, that the evidence collection forms were not completed contemporaneously but reconstructed by Fung and Mazzola 2-3 months after the fact; and second, that Fung repeatedly omitted any mention of Andrea Mazzola — a trainee on only her 4th or 5th crime scene — when testifying before the grand jury and at the preliminary hearing, instead describing himself as the one who collected all the critical blood evidence. A videotape was played showing Mazzola collecting the Bundy glove and watch cap without changing her gloves between items.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 THE COURT:

ALL RIGHT. WHAT WAS THE NEXT IN ORDER?

# 3 THE CLERK:

1069.

# 4 THE COURT:

1069.

# 5 (DEFT'S 1069 FOR ID = 2-PAGE DOCUMENT)

# 6 MR. SCHECK:

YOUR HONOR, MAY I PUT PAGE 1 OF THE TWO-PAGE DOCUMENT, 1069, ON THE ELMO?

# 7 THE COURT:

YES.

# 8 MR. SCHECK:

MAYBE WE COULD JUST -- MAYBE IT WILL BE CLEARER IF WE GO CLOSE ON JUST THE TOP OF THE PAGE.

# 9 Q:

BY MR. SCHECK: OKAY. NOW, MR. FUNG, THIS REPRESEN -- THIS DOCUMENT THAT WE HAVE UP ON THE ELMO IS THE ORIGINAL OF THE EVIDENCE COLLECTION REPORT THAT YOU FILLED OUT FOR THE ITEMS SEIZED AT BUNDY; IS THAT CORRECT?

# 10 A:

IT'S A PORTION OF IT, YES.

# 11 Q:

ALL RIGHT. AND CALLING YOUR ATTENTION TO THE -- JUST EVEN THE FIRST ITEM THAT REFERS TO THE SET OF KEYS; IS THAT CORRECT?

# 12 A:

YES.

# 13 Q:

ALL RIGHT. NOW, NEXT TO THAT, THERE'S A BOX THAT WE WERE REFERRING TO WITH THE WORD "BY" IN IT, CORRECT?

# 14 A:

YES.

# 15 Q:

ALL RIGHT. AND THAT WAS NOT FILLED OUT CONTEMPORANEOUSLY, WAS IT?

# 16 A:

THAT'S CORRECT.

# 17 Q:

WASN'T FILLED OUT AT THE TIME THAT IT WAS COLLECTED?

# 18 A:

THAT'S RIGHT.

# 19 Q:

AND AS YOU GO DOWN THE PAGE AND YOU TALK ABOUT THE NEXT ITEM, THE PAGER, THAT WASN'T FILLED OUT EITHER, WAS IT?

# 20 A:

YES.

# 21 Q:

AND AS YOU GO DOWN THE PAGE, THERE WAS NO NOTATION WHATSOEVER AS TO WHO COLLECTED WHICH ITEM?

# 22 A:

THAT'S CORRECT.

# 23 Q:

ALL RIGHT. NOW --

# 24 MR. SCHECK:

I WOULD LIKE TO HAVE THIS DOCUMENT MARKED AS DEFENDANT'S NEXT IN ORDER. THAT WOULD BE 1070. LET'S PUT THIS UP ON THE ELMO.

# 25 (DEFT'S 1070 FOR ID = COPY OF 2-PAGE DOC.)

# 26 Q:

BY MR. SCHECK: NOW, ON THIS -- THIS -- THIS ITEM IS A COPY OF THE EVIDENCE COLLECTION SHEET FROM BUNDY THAT YOU FILLED OUT WITH SOME ADDITIONS BEFORE YOU CAME TO COURT?

# 27 A:

YES.

# 28 Q:

AND WHAT YOU DID IS, YOU RECONSTRUCTED WHO COLLECTED WHAT?

# 29 A:

YOU MEAN RECONSTRUCTED --

# 30 Q:

YOU FILLED IN THE BOX THAT HAS "BY"?

# 31 A:

YES.

# 32 Q:

AND WHEN DID YOU DO THAT?

# 33 A:

THAT WAS SOMETIME AFTER THE CRIME SCENE HAD BEEN DONE.

KEY QUOTE

# 34 Q:

HOW MANY MONTHS?

# 35 A:

MAYBE TWO OR THREE.

# 36 Q:

AND DID YOU DO THIS -- WAS THIS YOUR DECISION?

# 37 A:

IT HAD BECOME AN ISSUE AND WE DECIDED TO FILL THAT IN AS BEST WE COULD.

# 38 Q:

WHO'S THE "WE"?

# 39 A:

CRIMINALIST MAZZOLA AND MYSELF.

# 40 Q:

SO YOU AND CRIMINALIST MAZZOLA ABOUT TWO MONTHS LATER --

# 41 A:

ROUGHLY.

# 42 Q:

-- HAD TO TRY TO RECONSTRUCT WHO COLLECTED WHAT?

# 43 A:

WE DID THAT, YES.

# 44 Q:

IS THAT WHAT YOU MEAN BY SOMETHING BECOMING RELEVANT?

# 45 A:

IT HAD BECOME AN ISSUE.

# 46 Q:

SIR, ISN'T IT TRUE THAT THE IDEA OF A FORM LIKE THIS IS THAT AS YOU CAREFULLY GO THROUGH THE CRIME SCENE, YOU'RE SUPPOSED TO FILL IN WHO COLLECTED EACH ITEM AS YOU DO IT SO THAT IT WILL BE AN ACCURATE RECORD?

# 47 A:

THE FORM IS A GENERAL FORM, AND AS THINGS BECOME RELEVANT, THEY CAN BE FILLED IN. IT GIVES YOU A SPACE TO FILL IN INFORMATION.

# 48 Q:

WELL, WOULDN'T YOU FEEL MORE CONFIDENT ABOUT THE ACCURACY OF YOUR RECOLLECTION AS TO WHO COLLECTED WHICH ITEM IF YOU AND CRIMINALIST MAZZOLA HAD FILLED THIS IN AT THE TIME YOU DID THE COLLECTION?

# 49 MR. GOLDBERG:

OBJECTION. IRRELEVANT AS TO HIS CONFIDENCE.

# 50 THE COURT:

OVERRULED. YOU CAN ANSWER THE QUESTION.

# 51 DENNIS FUNG:

IN MY MIND, CRIMINALIST MAZZOLA AND I WERE WORKING AS A TEAM AND IT WAS NOT RELEVANT WHO DID WHAT SPECIFICALLY. WE WERE WORKING SO CLOSE TOGETHER, IT DIDN'T MATTER.

# 52 Q:

BY MR. SCHECK: MY QUESTION, SIR, IS, WOULDN'T YOU HAVE GREATER CONFIDENCE IN YOUR RECOLLECTION OF WHO COLLECTED WHICH ITEM IF THE FORM HAD BEEN FILLED OUT AT THE TIME OF COLLECTION?

# 53 A:

YES.

# 54 Q:

NOW, YOU TESTIFIED ON DIRECT EXAMINATION THAT AS TO ONE OF THESE ITEMS AT BUNDY, NUMBER -- WELL, 52, THAT YOU WERE NOT PRESENT WHEN THAT WAS COLLECTED.

# 55 A:

THAT'S CORRECT.

# 56 Q:

AND YOU TESTIFIED, DID YOU NOT, IN AUGUST OF THIS YEAR AT A PROCEEDING. DO YOU REMEMBER THAT?

# 57 A:

OH, YES.

# 58 Q:

AND WERE YOU ASKED THESE QUESTIONS AND DID YOU GIVE THESE ANSWERS?

# 59 MR. SCHECK:

I'M NOW AT PAGE 531, MR. GOLDBERG.

# 60 MR. GOLDBERG:

MAY I HAVE A MOMENT TO GET THAT?

# 61 THE COURT:

I THINK YOU MISSPOKE YOURSELF, AUGUST OF THIS YEAR. AUGUST OF LAST YEAR.

# 62 MR. SCHECK:

DID I SAY AUGUST OF THIS YEAR? IT'S GETTING DIFFICULT, JUDGE. IT WAS AUGUST OF LAST YEAR.

# 63 THE COURT:

LET'S NOT MAKE IT TRUE.

# 64 MR. GOLDBERG:

SORRY, COUNSEL.

# 65 MR. SCHECK:

STARTING AT PAGE 531.

# 66 MR. GOLDBERG:

WHICH HEARING? THE GRIFFEN HEARING?

# 67 MR. SCHECK:

YEAH.

"QUESTION: MR. FUNG, YOU WERE THE CRIMINALIST WHO COLLECTED THE ALLEGED DROPS OF BLOOD FOUND AT THE BUNDY CRIME SCENE; IS THAT CORRECT?

"ANSWER: I WAS ONE OF TWO CRIMINALISTS WHO WAS THERE COLLECTING EVIDENCE, YES.

"QUESTION: OKAY. AND DID YOU PERSONALLY COLLECT THE STAINS THAT HAVE BEEN GIVEN THE ITEM NOS. 47, 48, 49, 50 AND 52?

"ANSWER: I WAS PRESENT DURING THE COLLECTION OF THEM AND ASSISTED IN -- ASSISTED IN THOSE -- THE COLLECTION OF THOSE STAINS, YES." WERE YOU ASKED THOSE QUESTIONS, DID YOU GIVE THOSE ANSWERS?

# 68 A:

YES, I DID.

# 69 Q:

AND IN THAT ANSWER, YOU INCLUDED ITEM NO. 52?

# 70 A:

YES, I DID.

# 71 Q:

AND THEN AT PAGE 536 OF THAT SAME PROCEEDING, YOU WERE ASKED THESE QUESTIONS AND GAVE THESE ANSWERS:

"QUESTION: MR. FUNG, YOU MENTIONED THAT YOU WERE COLLECTING THE BLOOD SPECIMENS WITH A COLLEAGUE NAMED MISS MAZZOLA?

"ANSWER: YES.

"QUESTION: AND WITH RESPECT TO THE ENUMERATED SPECIMENS, NO. 47 THROUGH 52, I BELIEVE YOU SAID THAT SHE DID THE COLLECTION AND YOU OBSERVED HER, AND IF NEED BE, ASSISTED HER?

"ANSWER: TO THE BEST OF MY RECOLLECTION, YES." WERE YOU ASKED THOSE QUESTIONS, DID YOU GIVE THOSE ANSWERS?

# 72 A:

YES, I DID.

# 73 Q:

AND IN THE SAME PROCEEDING AGAIN AT PAGE 538:

"QUESTION: FOR EACH AND EVERY SPECIMEN THAT I JUST GAVE YOU AS KEY NUMBERS THERE, DID YOU PERSONALLY OBSERVE HER COLLECT THEM THERE OR WERE THERE THREE TIMES WHERE YOU WERE OFF COLLECTING OR WERE THERE TIMES THAT YOU WERE OFF COLLECTING SOME SPECIMENS AND SHE WAS COLLECTING THINGS AT SOME DISTANCE FROM YOU?

"ANSWER: THERE WERE TIMES THAT -- WHEN I WASN'T WATCHING HER ALL THE TIME, NO.

"QUESTION: AND SO SHE WOULD BE COLLECTING SOME OF THESE BLOOD -- WITHDRAW.

"AS YOU SIT HERE TODAY, DO YOU HAVE A VIVID MEMORY AS TO WHICH OF THE 60 OR SO ITEMS THAT YOU COLLECTED AT BUNDY SHE COLLECTED IN YOUR PRESENCE AS OPPOSED TO THOSE WHICH WERE COLLECTED OUTSIDE YOUR PRESENCE?

"ANSWER: I DO REMEMBER THAT THE BLOODSTAINS LEADING FROM WHERE THE VICTIMS WERE ALONG THE ESCAPE ROUTE AS IT HAS BEEN REFERRED TO IN THE PAST AS, I WAS THERE WITH HER PERSONALLY SUPERVISING HER.

"QUESTION: FOR EACH AND EVERY ONE OF THOSE?

"ANSWER: I BELIEVE SO, YES." WERE YOU ASKED THOSE QUESTIONS, DID YOU GIVE THOSE ANSWERS?

# 74 MR. GOLDBERG:

MAY I HAVE ONE MOMENT, YOUR HONOR, TO LOOK AT THE TRANSCRIPT BEFORE HE ANSWERS?

# 75 (BRIEF PAUSE.)

# 76 MR. GOLDBERG:

YOUR HONOR, I WOULD JUST ASK THAT HE READ DOWN THROUGH LINE 10 OF THE TRANSCRIPT SO THAT MAY BE COMPLETE ON PAGE 539, COUNSEL.

# 77 MR. SCHECK:

WELL, I WILL. I DON'T THINK IT'S NECESSARY, BUT I WILL FOR HIS BENEFIT.

"QUESTION: WERE THERE OTHER BLOODSTAINS, HOWEVER, THAT SHE COLLECTED AT THAT SCENE WHICH YOU PERSONALLY DID NOT SUPERVISE?

"ANSWER: YES.

"QUESTION: AND AS YOU SIT HERE TODAY, DO YOU KNOW WHICH ONES THOSE WERE?

"ANSWER: NOT SPECIFICALLY, NO." OKAY?

# 78 A:

YES.

# 79 Q:

SO IN OTHER WORDS, AT THIS HEARING, YOU TOOK GREAT PAINS TO INDICATE THAT YOU SAW EVERY ONE OF THOSE BLOOD DROPS AT BUNDY, 47, 48, 49, 50 AND 52, THAT YOU PERSONALLY OBSERVED MISS MAZZOLA SWATCH ALL OF THOSE, RIGHT?

# 80 MR. GOLDBERG:

WAIT A MINUTE. MISSTATES THE TESTIMONY ABOUT SWATCH.

# 81 THE COURT:

SUSTAINED.

# 82 Q:

BY MR. SCHECK: DID YOU TAKE GREAT PAINS TO TESTIFY THAT YOU OBSERVED MISS MAZZOLA COLLECT ALL THOSE BLOOD DROPS INCLUDING 52?

# 83 A:

YES.

# 84 Q:

ALL RIGHT. AND YOUR TESTIMONY TODAY HERE IS THAT YOU DID NOT SEE HER COLLECT 52?

# 85 A:

THE COLLECTION PROCESS INVOLVES MANY STEPS. IT INCLUDES THE DOCUMENTATION ALSO AND THE IDENTIFICATION. AND IN THAT RESPECT, I DID -- I WAS PRESENT DURING THOSE PHASES OF THE COLLECTION PROCESS.

# 86 Q:

YOU WERE ASKED -- YOU WERE ASKED ON DIRECT EXAMINATION DID YOU SEE HER COLLECT 52. YOU SAID NO, RIGHT?

# 87 A:

YES.

# 88 Q:

ALL RIGHT. IN THIS PRIOR PROCEEDING, THREE TIMES YOU WERE ASKED WHETHER YOU SAW HER COLLECT 52 AND THREE TIMES YOU SAID YOU SAW IT?

# 89 A:

WOULD YOU REPEAT THE QUESTION?

# 90 Q:

THREE TIMES YOU WERE ASKED IF YOU SAW MISS MAZZOLA COLLECT SAMPLE 52 --

# 91 MR. GOLDBERG:

I OBJECT. THAT MISSTATES THE EVIDENCE.

# 92 THE COURT:

SUSTAINED.

# 93 Q:

BY MR. SCHECK: WERE YOU ASKED AT THAT SPLIT HEARING ON THREE DIFFERENT OCCASIONS IF YOU OBSERVED HER AND WHETHER SHE DID THE COLLECTION OF ITEM 52?

# 94 MR. GOLDBERG:

YOUR HONOR, I WOULD OBJECT. THAT MISSTATES THE EVIDENCE.

# 95 THE COURT:

SUSTAINED. WHY DON'T YOU BREAK IT UP TO EACH INDIVIDUAL OCCASION.

# 96 MR. SCHECK:

ALL RIGHT.

# 97 Q:

BY MR. SCHECK: WERE YOU ASKED ON THREE DIFFERENT OCCASIONS JUST THE SAME QUESTIONS I JUST READ TO YOU BEFORE WHETHER OR NOT YOU OBSERVED MISS MAZZOLA COLLECT THE BLOOD DROPS 47 THROUGH 52? YOU WERE ASKED THAT?

# 98 MR. GOLDBERG:

OBJECTION. THAT STILL MISSTATES THE EVIDENCE.

# 99 THE COURT:

OVERRULED.

# 100 DENNIS FUNG:

IF I COULD SEE THE TRANSCRIPT, BECAUSE I DON'T MEMORIZE EVERYTHING.

# 101 Q:

BY MR. SCHECK: PLEASE. I TABBED THE PAGES. TAKE A LOOK AT IT. TAKE YOUR TIME.

# 102 (BRIEF PAUSE.)

# 103 Q:

BY MR. SCHECK: DO YOU WANT TO REFER TO THIS NOW?

# 104 A:

YEAH.

# 105 Q:

WOULD IT BE FAIR TO SAY AFTER REFRESHING YOUR RECOLLECTION FROM THIS TESTIMONY THAT YOU PREVIOUSLY TESTIFIED THAT YOU OBSERVED MISS MAZZOLA COLLECT ITEM 52?

# 106 A:

WELL, THAT'S TO THE BEST OF MY RECOLLECTION AT THAT TIME, YES.

# 107 Q:

ALL RIGHT. AND AT THAT TIME, YOU WERE TESTIFYING THAT YOU SAW HER COLLECT EACH OF THOSE FIVE BLOOD DROPS AT BUNDY, 47 THROUGH 52?

# 108 A:

YES.

# 109 Q:

ALL RIGHT. AND NOW, YOU HAVE TALKED IT OVER WITH MISS MAZZOLA; IS THAT RIGHT?

# 110 A:

YES.

# 111 Q:

TALKED IT OVER WITH ANYBODY ELSE?

# 112 A:

SOME EXTENT WITH MR. GOLDBERG.

# 113 Q:

AND AFTER THOSE DISCUSSIONS, YOU'VE NOW DECIDED THAT YOU DIDN'T OBSERVE HER DO THAT COLLECTION ON ITEM 52?

# 114 MR. GOLDBERG:

YOUR HONOR, I'LL OBJECT TO THIS. VAGUE AS TO THE WORD "COLLECT."

# 115 THE COURT:

OVERRULED.

# 116 DENNIS FUNG:

IN THE ACTUAL MANIPULATION OF THE SWATCH AND BLOODSTAIN, THAT'S CORRECT.

# 117 Q:

BY MR. SCHECK: LET'S GET BACK FOR A SECOND TO THE ROLE OF THE CRIMINALIST. NOW, WOULD YOU AGREE THAT IT IS THE ROLE OF A CRIMINALIST TO BE AN INDEPENDENT, UNBIASED FORENSIC SCIENTIST?

# 118 A:

YES.

# 119 Q:

AND YOU SHOULD NOT HARBOR A BIAS AS TO THE RESULT OF AN INVESTIGATION ONE WAY OR THE OTHER?

# 120 A:

THAT'S CORRECT.

# 121 Q:

AND ACTUALLY, ARE YOU FAMILIAR WITH A GENTLEMAN NAMED BARRY FISHER?

# 122 A:

YES, I AM.

# 123 Q:

AND WHO IS HE?

# 124 A:

HE IS THE LAB DIRECTOR OF THE LOS ANGELES SHERIFF'S CRIMINALISTICS LABORATORY.

# 125 Q:

AND ARE YOU FAMILIAR WITH HIS BOOK ON TECHNIQUES AND CRIME SCENE INVESTIGATIONS?

# 126 A:

I HAVE SEEN IT AND REFERRED TO IT ON CERTAIN OCCASIONS.

# 127 Q:

HAVE YOU CONSIDERED IT IN FORMING YOUR OPINIONS ABOUT THE ROLE OF THE CRIMINALIST IN CRIME SCENE INVESTIGATIONS?

# 128 MR. GOLDBERG:

YOUR HONOR, I'LL OBJECT. IT'S VAGUE AS TO THE EDITION NUMBER.

# 129 THE COURT:

SUSTAINED.

# 130 Q:

BY MR. SCHECK: 5TH EDITION.

# 131 A:

I HAVE NOT SEEN THE 5TH EDITION, NO.

# 132 Q:

WELL, WOULD YOU AGREE THAT CRIMINALISTS OWE A DUTY TO THE TRUTH?

# 133 A:

YES.

# 134 Q:

AND THAT THE SOLE OBLIGATION OF A FORENSIC PRACTITIONER IS TO SERVE THE AIMS OF JUSTICE?

# 135 A:

YES.

# 136 Q:

AND WHAT IS IMPORTANT IS THAT A FORENSIC SCIENTIST CONDUCT THE INVESTIGATION IN A THOROUGH COMPETENT FASHION AND SUBMIT FINDINGS AND REPORTS AND THROUGH TESTIMONY IN A FACTUAL AND UNBIASED MANNER?

# 137 A:

YES.

# 138 Q:

AND WOULD YOU AGREE THAT IN YOUR ROLE AS A CRIMINALIST, IF YOU SAW DETECTIVES USING UNSOUND PROCEDURES AT A CRIME SCENE IN GATHERING EVIDENCE, YOU WOULD OBJECT?

# 139 MR. GOLDBERG:

VAGUE AS TO THE TERM "UNSOUND."

# 140 THE COURT:

OVERRULED.

# 141 DENNIS FUNG:

COULD YOU BE A LITTLE MORE SPECIFIC?

# 142 Q:

BY MR. SCHECK: IF YOU SAW DETECTIVES USING PROCEDURES WHICH YOU FELT WOULD IMPAIR THE INTEGRITY OF EVIDENCE AS THEY WERE COLLECTING IT, WOULD YOU OBJECT?

# 143 A:

YES.

# 144 Q:

IF YOU SAW MEMBERS OF THE CORONER'S OFFICE TAKING STEPS IN THE COLLECTION OF EVIDENCE AT A CRIME SCENE WHICH YOU THOUGHT WOULD IMPAIR THE INTEGRITY OF THE EVIDENCE, WOULD YOU OBJECT?

# 145 A:

I WOULD TELL THE OFFICER IN CHARGE OF THE SCENE WHAT MY -- I WOULD GIVE HIM MY OPINION, YES.

# 146 Q:

AND IN TESTIFYING AS TO THE FACTS OF ANY PARTICULAR CASE, WOULD YOU AGREE THAT YOU SHOULD NOT JUST GO ALONG WITH THE QUESTIONS THAT ARE ASKED, FOR EXAMPLE, BY A PROSECUTOR IN TERMS OF THE FACTS; YOU SHOULD INDEPENDENTLY RECOLLECT THEM FROM YOUR OWN KNOWLEDGE WHEN YOU TESTIFY?

# 147 MR. GOLDBERG:

OBJECTION. ARGUMENTATIVE, YOUR HONOR.

# 148 THE COURT:

SUSTAINED.

# 149 Q:

BY MR. SCHECK: WELL, WOULD YOU AGREE THAT IT'S IMPORTANT THAT A CRIMINALIST NOT LEAVE OUT IMPORTANT FACTS FROM A RECITATION OF WHAT OCCURRED BECAUSE YOU THOUGHT IT WOULD HARM THE PROSECUTION'S CASE?

# 150 A:

YES.

# 151 Q:

ALL RIGHT. AND IT WOULD BE INAPPROPRIATE FOR A CRIMINALIST TO IGNORE MISCONDUCT BY ANY LAW ENFORCEMENT OFFICIAL?

# 152 MR. GOLDBERG:

WELL, THAT'S IRRELEVANT.

# 153 THE COURT:

SUSTAINED.

# 154 Q:

BY MR. SCHECK: NOW, YOU TESTIFIED YESTERDAY -- YOU WERE ASKED BY MR. GOLDMAN, "IS ANDREA MAZZOLA A TRAINEE," AND YOU ANSWERED, "NO, SHE IS A CRIMINALIST." DO YOU REMEMBER THAT?

# 155 A:

YES.

# 156 Q:

NOW, WHEN YOU TESTIFIED PREVIOUSLY IN AUGUST OF THIS YEAR, DIDN'T YOU TELL US THAT ANDREA MAZZOLA ON JUNE 13TH WAS STILL IN TRAINING?

# 157 A:

I DON'T REMEMBER MY EXACT WORDS.

# 158 Q:

DID YOU TELL US THAT SHE WAS A STUDENT AND YOU WERE HER TEACHER?

# 159 MR. GOLDBERG:

WAIT A MINUTE, YOUR HONOR. I'LL ASK FOR A PAGE AND TRANSCRIPT.

# 160 THE COURT:

YES.

# 161 MR. SCHECK:

ALL RIGHT. JUST TO MAKE SURE MR. GOLDMAN -- WE'LL START WITH 536 AND WE'LL GO INTO 537.

# 162 Q:

BY MR. SCHECK: WERE YOU ASKED THESE SERIES OF QUESTIONS AND DID YOU GIVE THESE ANSWERS?

"QUESTION:"

# 163 MR. GOLDBERG:

MAY I HAVE ONE MOMENT?

# 164 THE COURT:

CERTAINLY.

# 165 MR. SCHECK:

STARTING ON LINE 14. READY?

# 166 THE COURT:

HE'LL TELL US WHEN HE'S READY.

# 167 MR. SCHECK:

I'M SORRY?

# 168 THE COURT:

HE'LL TELL US WHEN HE'S READY.

# 169 MR. SCHECK:

ALL RIGHT. I'M SORRY.

# 170 (BRIEF PAUSE.)

# 171 MR. GOLDBERG:

OKAY.

# 172 THE COURT:

PROCEED.

# 173 Q:

BY MR. SCHECK:

"QUESTION: WITH RESPECT TO THE ENUMERATED SPECIMENS, NO. 47 THROUGH 52, I BELIEVE YOU SAID THAT SHE," MISS MAZZOLA, "DID THE COLLECTION AND YOU OBSERVED HER, AND IF NEED BE, ASSISTED HER?

"ANSWER: TO THE BEST OF MY RECOLLECTION, YES.

"QUESTION: OKAY. NOW, IS THAT THE NORMAL PROCEDURE BY THE WAY IN CASES, WHERE ONE CRIMINALIST DOES OR ANOTHER CRIMINAL ACTS AS OBSERVER?

"ANSWER: NO.

"QUESTION: WHY WAS THAT DONE HERE, SIR?

"ANSWER: IT WAS JUST THE LUCK OF THE DRAW IN THIS CASE. MISS MAZZOLA WAS THE ON-CALL CRIMINALIST, THE HOMICIDE ON-CALL CRIMINALIST, AND I WAS ALSO ASSIGNED TO BE HER TRAINING OFFICER THAT WEEKEND.

"QUESTION: NOW, YOU SAID YOU WERE HER TRAINING OFFICER THAT WEEKEND. IS THAT BECAUSE MISS MAZZOLA IS PRETTY NEW TO ALL OF THIS?

"ANSWER: SHE'S STILL A CRIMINALIST I. YES.

"QUESTION: SO DURING THE PERIOD THAT SHE WENT OUT THERE TO COLLECT THE SPECIMENS ON JUNE 13TH, SHE WAS STILL IN TRAINING?

"ANSWER: YES.

"QUESTION: AND YOU WERE THERE IN A SENSE AS A SUPERVISOR OR TEACHER; IS THAT RIGHT?

"ANSWER: YES." WERE YOU ASKED THOSE QUESTIONS, DID YOU GIVE THOSE ANSWERS?

# 174 A:

YES, I DID.

# 175 Q:

NOW, MR. FUNG, MISS MAZZOLA ON JUNE 13TH WAS DOING COLLECTIONS AT HER THIRD CRIME SCENE?

# 176 MR. GOLDBERG:

I'LL OBJECT, NO FOUNDATION.

# 177 THE COURT:

SUSTAINED.

# 178 Q:

BY MR. SCHECK: DO YOU KNOW HOW MANY CRIME SCENES ANDREA MAZZOLA HAD COLLECTED EVIDENCE AT BEFORE SHE COLLECTED EVIDENCE IN THIS CASE?

# 179 A:

I DON'T RECALL THE EXACT NUMBER, BUT IT WAS AROUND FIVE. FOUR OR FIVE.

# 180 Q:

FOUR OR FIVE?

# 181 A:

BEST OF MY RECOLLECTION.

# 182 Q:

IN PREPARING FOR YOUR TESTIMONY IN THIS CASE, DID YOU REVIEW THE TRANSCRIPTS OF YOUR TESTIMONY AND MISS MAZZOLA'S TESTIMONY AT THAT HEARING IN AUGUST?

# 183 A:

I ONLY WENT OVER MINE.

# 184 Q:

DID YOU DISCUSS WITH MISS MAZZOLA YOUR UPCOMING TESTIMONY IN THIS CASE?

# 185 A:

ONLY THINGS REGARDING THE CRIME SCENES. NOT TESTIMONY ITSELF.

# 186 Q:

DID YOU DIS -- DID YOU DISCUSS THIS ISSUE OF HER BEING A TRAINEE WITH ANYONE AT THE SCIENTIFIC INVESTIGATION UNIT?

# 187 MR. GOLDBERG:

ASSUMES A FACT NOT IN EVIDENCE.

# 188 THE COURT:

SUSTAINED.

# 189 Q:

BY MR. SCHECK: HAVE YOU HAD ANY DISCUSSION OF THE ISSUE OF MISS MAZZOLA BEING A TRAINEE AS IT RELATES TO THIS CASE?

# 190 A:

YES.

# 191 MR. GOLDBERG:

IRRELEVANT.

# 192 THE COURT:

OVERRULED.

# 193 Q:

BY MR. SCHECK: NOW, YOU TESTIFIED IN THE GRAND JURY IN THIS CASE; DID YOU NOT, SIR?

# 194 A:

YES, I DID.

# 195 Q:

AND BEFORE YOU TESTIFIED IN THE GRAND JURY, DID YOU HAVE DISCUSSIONS WITH ANYBODY ABOUT THE FACT THAT ANDREA MAZZOLA, A PERSON WHO HAD DONE, AS FAR AS YOU KNEW, ONLY FIVE CRIME SCENES YOU THINK -- IS THAT RIGHT?

# 196 A:

AROUND THERE, YES.

# 197 Q:

COULD BE LESS?

# 198 A:

YES.

# 199 Q:

-- HAD COLLECTED THE EVIDENCE IN THIS CASE BEFORE YOU TESTIFIED IN THE GRAND JURY?

# 200 A:

I DON'T RECALL DISCUSSING THAT WITH ANYONE.

# 201 Q:

ALL RIGHT. WELL, LOOKING AT THE EVIDENCE COLLECTED IN THIS CASE, IS IT TRUE MISS MAZZOLA WAS THE ONE WHO SWATCHED ITEM 47? THAT'S THE FIRST BLOOD DROP AT BUNDY, RIGHT?

# 202 A:

YES.

# 203 Q:

SHE DID 48?

# 204 A:

YES.

# 205 Q:

49?

# 206 A:

YES.

# 207 Q:

50?

# 208 A:

YES.

# 209 Q:

52?

# 210 A:

YES.

# 211 Q:

THAT'S THE ONE YOU'RE NOT TELLING US YOU WERE EVEN THERE TO DO THE SWATCHING?

# 212 A:

I DON'T RECALL BEING THERE, NO.

# 213 Q:

AND THOSE WERE CRITICAL ITEMS IN THIS CASE?

# 214 MR. GOLDBERG:

OBJECTION. ARGUMENTATIVE.

# 215 THE COURT:

SUSTAINED.

# 216 Q:

BY MR. SCHECK: ISN'T IT TRUE THAT WITH THE EXCEPTION OF 55 AND 56, WHICH WERE BLOOD FROM THE OUTLINE OF FOOTPRINTS, THAT MISS MAZZOLA WAS THE ONE WHO SWATCHED EVERY BLOODSTAIN AT BUNDY?

# 217 MR. GOLDBERG:

MISSTATES THE EVIDENCE.

# 218 MR. SCHECK:

I'M ASKING HIM.

# 219 MR. GOLDBERG:

FOOTPRINT.

# 220 THE COURT:

OVERRULED.

# 221 DENNIS FUNG:

THAT'S NOT ENTIRELY TRUE, NO.

# 222 Q:

BY MR. SCHECK: YOU SWATCHED 55?

# 223 A:

55 WAS -- YES, I DID.

# 224 Q:

YOU SWATCHED 56?

# 225 A:

YES, I DID.

# 226 Q:

YOU DIDN'T SWATCH ANY OTHER STAIN AT BUNDY, DID YOU?

# 227 A:

YES, I DID.

# 228 Q:

WHICH ONE DID YOU SWATCH?

# 229 A:

I DON'T RECALL EXACTLY WHICH ONES I ASSISTED HER WITH, BUT THERE WERE PORTIONS OF STAINS WHERE I ACTUALLY TOOK THE TWEEZERS AND DID THE MANIPULATION MYSELF.

# 230 Q:

ALL RIGHT. IS -- OTHER THAN 55 AND 56, MISS MAZZOLA WOULD -- PARTICIPATED -- ACTUALLY SWATCHED EVERY OTHER STAIN AT BUNDY?

# 231 A:

TO THE BEST OF MY RECOLLECTION, YES.

# 232 Q:

ROCKINGHAM, SHE SWATCHED THE RED STAIN ON THE HANDLE OF THE BRONCO?

# 233 A:

UNDER MY DIRECT SUPERVISION, YES.

# 234 Q:

SHE SWATCHED STAIN 4?

# 235 A:

YES.

# 236 Q:

# 237 A:

YES.

# 238 Q:

# 239 A:

YES.

# 240 Q:

# 241 A:

YES.

# 242 Q:

# 243 A:

YES.

# 244 Q:

SHE DID ALL OF THEM?

# 245 A:

YES.

# 246 Q:

NOW, THE BUNDY GLOVE, GLOVE FOUND AT BUNDY --

# 247 A:

YES.

# 248 Q:

-- ANDREA MAZZOLA WAS THE ONE THAT PICKED THAT UP, PUT IT IN THE BROWN PAPER BAG?

# 249 A:

THE GLOVE AT BUNDY?

# 250 Q:

YES.

# 251 A:

YES.

# 252 Q:

THE WATCH CAP AT BUNDY, ANDREA MAZZOLA WAS THE PERSON WHO PICKED THAT UP AND PUT IT IN THE BAG?

# 253 A:

YES.

# 254 Q:

AND INCIDENTALLY, BEFORE YOU TESTIFIED IN THIS CASE, YOU REVIEWED VIDEOTAPES, DIDN'T YOU?

# 255 A:

FOR THIS CASE?

# 256 Q:

YES.

# 257 A:

YES.

# 258 Q:

THERE WERE A WHOLE TWO SETS OF VIDEOTAPES YOU REVIEWED WITH THE PROSECUTION?

# 259 A:

YES.

# 260 Q:

AND THESE WERE VIDEOTAPES FROM THE MEDIA OF YOU AND MISS MAZZOLA, AND PART OF IT WAS YOU AND MISS MAZZOLA AT THE BUNDY SCENE?

# 261 A:

YES.

# 262 Q:

ALL RIGHT. NOW --

# 263 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 264 Q:

BY MR. SCHECK: INCIDENTALLY, DID YOU SEE ANY OTHER VIDEOTAPES BESIDES THE COMPILATION OF TWO CASSETTES THAT WERE PROVIDED BY THE DEFENSE TO THE COURT?

# 265 A:

VIDEOTAPES CONCERNING?

# 266 Q:

OF ANYTHING. CONCERNING THIS CASE, ANY COLLECTIONS DURING THIS CASE?

# 267 A:

I HAVEN'T SEEN ANY OTHER COMPILATIONS, NO.

# 268 Q:

ANY OTHER VIDEOTAPES AT ALL?

# 269 A:

ON TELEVISION.

# 270 Q:

NOTHING THAT'S BEEN PROVIDED TO YOU BY ANYBODY AT THE LABORATORY?

# 271 A:

I CAN'T REMEMBER ANY.

# 272 Q:

HAVE THE DISTRICT ATTORNEYS SHOWN YOU ANY OTHER VIDEOTAPES IN CONNECTION WITH THIS CASE?

# 273 A:

YES.

# 274 MR. GOLDBERG:

WELL, IT'S VAGUE --

# 275 THE COURT:

HIS ANSWER IS YES.

# 276 Q:

BY MR. SCHECK: AND WHAT WERE THOSE?

# 277 A:

IT WAS A TAPE MADE BY A COMPANY CALLED DECISION QUEST.

# 278 Q:

AND WHAT WAS THAT TAPE OF?

# 279 A:

THAT WAS A TAPE OF THE BUNDY LOCATION.

# 280 Q:

AND WERE YOU PRESENT WHEN THAT WAS MADE?

# 281 A:

NO.

# 282 Q:

WELL, LET'S TALK ABOUT YOUR TESTIMONY AT THE GRAND JURY.

# 283 MR. SCHECK:

MR. GOLDBERG, I'M NOW AT THE TESTIMONY OF JUNE 27TH, 1994 AT PAGE 379, LINE 8.

# 284 Q:

BY MR. SCHECK: DO YOU RECALL BEING ASKED QUESTIONS ABOUT THE BLOOD DROPS AT BUNDY AND WHO SWATCHED THEM?

# 285 A:

AT BUNDY, YES.

# 286 Q:

WERE YOU ASKED THESE QUESTIONS AND DID YOU GIVE THESE ANSWERS?

"QUESTION: WERE THERE BLOOD DROPS NEXT TO THOSE SHOEPRINTS?

"ANSWER: YES, THERE WERE.

"QUESTION: DID YOU ATTEMPT TO RETRIEVE AND PRESERVE THE BLOOD DRAWN THAT -- THAT'S BLOOD DROPS

"ANSWER: YES, I DID.

"QUESTION: WHAT DID YOU DO?

"ANSWER: I TRANSFERRED THE BLOOD DROPS ONTO CLOTH SQUARES OR CLOTH SWATCHES. WHAT I DID WAS WET THE CLOTH SWATCHES WITH DISTILLED WATER AND THEN APPLIED THEM TO THE STAIN, THE RED STAINS WHICH WERE LATER DETERMINED TO BE BLOOD, AND THEY WERE TRANSFERRED ON -- IN THAT METHOD." WERE YOU ASKED THOSE QUESTIONS, DID YOU GIVE THOSE ANSWERS?

# 287 A:

YES, I DID.

# 288 Q:

AND THAT WASN'T ACCURATE TESTIMONY, WAS IT?

# 289 A:

IT WAS ACCURATE IN THE SENSE THAT I DID PERFORM SOME OF THOSE FUNCTIONS ON -- BUT I DON'T RECALL EXACTLY WHICH ONES I DID THEM ON.

# 290 Q:

MR. FUNG, DIDN'T YOU JUST TELL US THAT ANDREA MAZZOLA WAS THE ONE THAT SWATCHED THE BLOOD DROPS, 47, 48, 49, 50 AND 52?

# 291 A:

SHE WAS THERE AND DID PARTAKE IN THOSE, YES.

# 292 Q:

SHE WAS THE ONE THAT DID THE SWATCHING, PUT THE DISTILLED WATER ON THE SWATCH, RIGHT?

# 293 MR. GOLDBERG:

I DON'T THINK THE WITNESS FINISHED HIS ANSWER.

# 294 THE COURT:

HAD YOU FINISHED THE ANSWER?

# 295 DENNIS FUNG:

WELL, I NEED TO EXPLAIN MORE. DURING THE COLLECTION OF THAT TRAIL, I ALSO PARTICIPATED IN THE DIRECT COLLECTION OF THE BLOODSTAINS, MEANING I TOOK HOLD OF THE TWEEZERS AND SWATCHED SOME OF THOSE STAINS.

# 296 Q:

BY MR. SCHECK: DID YOU TELL THE GRAND JURY THAT ANDREA MAZZOLA, A PERSON WHO WAS IN TRAINING, SWATCHED THOSE BLOOD DROPS, 47, 48, 49, 50 AND 52? DID YOU TELL THEM THAT?

# 297 MR. GOLDBERG:

I WOULD ASK FOR THE TRANSCRIPT AND PAGE.

# 298 THE COURT:

NO. THE QUESTION IS, DID HE TELL THE GRAND JURY THAT; YES OR NO.

# 299 DENNIS FUNG:

I DON'T RECALL THAT I DID TELL THEM THAT.

# 300 Q:

BY MR. SCHECK: YOU MEAN YOU DIDN'T TELL THEM THAT, RIGHT?

# 301 THE COURT:

THAT'S ARGUMENTATIVE.

# 302 Q:

BY MR. SCHECK: DID YOU OR DID YOU NOT TELL THE GRAND JURY THAT ANDREA MAZZOLA PARTICIPATED IN SWATCHING THOSE BLOOD DROPS AT BUNDY?

# 303 A:

NO.

# 304 Q:

THE ANSWER IS NO, YOU DIDN'T TELL THEM, RIGHT?

# 305 A:

THAT'S CORRECT.

# 306 Q:

OKAY. LET'S TALK ABOUT THE BLOOD DROPS AT ROCKINGHAM -- THE BLOOD DROPS AT ROCKINGHAM AND THE STAIN ON THE BRONCO, OKAY?

# 307 MR. SCHECK:

MR. GOLDBERG, I'M AT GRAND JURY TESTIMONY AT PAGE 390 STARTING AT LINE 6.

# 308 Q:

BY MR. SCHECK: "QUESTION: HOW DID YOU RECOVER THEM?

"ANSWER: I RECOVERED THEM IN THE SAME MANNER DESCRIBED BEFORE WHERE I WOULD WET A CLOTH SWATCH OR SEVERAL CLOTH SWATCHES IF NEEDED, APPLY IT TO THE RED STAIN AND THEN LET THE RED STAIN TRANSFER ONTO THE CLOTH SWATCH." WERE YOU ASKED THOSE QUESTIONS, DID YOU GIVE THOSE ANSWERS?

# 309 A:

YES.

# 310 Q:

SO YOU DIDN'T TELL THE GRAND JURY THAT ANDREA MAZZOLA WAS ACTUALLY THE ONE THAT SWATCHED THAT RED STAIN OFF THE HANDLE OF THE BRONCO, RIGHT?

# 311 A:

AT THE TIME --

# 312 Q:

DID YOU TELL THEM THAT?

# 313 A:

NO.

# 314 Q:

YOU SAID YOU DID IT?

# 315 A:

YES.

# 316 Q:

AND YOU SAID THE SAME THING ABOUT STAIN 4?

# 317 A:

YES.

# 318 Q:

# 319 A:

YES.

# 320 Q:

# 321 A:

I DON'T RECALL, BUT YES.

# 322 Q:

ALL RIGHT. IN OTHER WORDS, YOU TESTIFIED THAT YOU DID ALL THE SWATCHING AT ROCKINGHAM WHEN IN FACT IT WAS ANDREA MAZZOLA, RIGHT?

# 323 A:

NO. I TESTIFIED THAT I DID THE COLLECTION.

# 324 Q:

NO. DID YOU NOT TESTIFY THAT YOU RECOVERED THEM IN THE SAME MANNER YOU DESCRIBED BEFORE WHERE YOU WOULD WET A CLOTH SWATCH OR SEVERAL CLOTH SWATCHES IF NEEDED, APPLY IT TO THE RED STAIN AND THEN LET THE STAIN TRANSFER ONTO THE CLOTH SWATCH, RIGHT? YOU SAID THAT?

# 325 A:

YES.

# 326 Q:

YOU WERE TELLING THE GRAND JURY THAT YOU DID IT?

# 327 A:

YES.

# 328 Q:

NOW, WITH RESPECT TO THE BUNDY GLOVE, ANDREA MAZZOLA WAS THE ONE THAT PICKED UP THAT BUNDY GLOVE?

# 329 A:

YES.

# 330 MR. SCHECK:

MR. HARRIS, COULD WE -- YOUR HONOR, AT THIS POINT, WE WOULD LIKE TO PLAY A VIDEOTAPE. I'LL LAY THE FOUNDATION FOR IT.

# 331 Q:

BY MR. SCHECK: YOU'VE SEEN A VIDEOTAPE, HAVE YOU NOT, MR. FUNG, OF ANDREA MAZZOLA PICKING UP THE GLOVE AT BUNDY AND THE WATCH CAP?

# 332 A:

YES.

# 333 Q:

YOU SAW THAT BEFORE YOU TESTIFIED HERE?

# 334 A:

YES.

# 335 Q:

WHEN YOU TESTIFIED AT THE GRAND JURY, YOU WERE TESTIFYING ON JUNE 22ND?

# 336 A:

YES.

# 337 Q:

THAT WAS JUST NINE DAYS AFTER THIS HAPPENED?

# 338 A:

YES.

# 339 MR. SCHECK:

COULD WE SHOW THE TAPE?

# 340 Q:

BY MR. SCHECK: WELL, WHILE HE'S SEARCHING FOR THE TAPE, LET ME MOVE ON AND LET'S DISCUSS YOUR TESTIMONY ABOUT THE BUNDY GLOVE AT THE GRAND JURY.

# 341 MR. GOLDBERG:

PERHAPS I COULD -- I NEED TO KNOW EXACTLY WHAT THEY'RE GOING TO PLAY.

# 342 MR. SCHECK:

PLEASE --

# 343 MR. GOLDBERG:

SO I NEED TO SEE IT BEFORE.

# 344 THE COURT:

ALL RIGHT. MISS FITZPATRICK, CAN WE JUST SEE IT ON COUNSEL'S MONITOR? IS THERE AUDIO ON THIS, MR. HARRIS?

# 345 MR. HARRIS:

NO, SIR, THERE IS NOT.

# 346 MR. SCHECK:

WE NEED TO TURN THESE MONITORS BACK.

# 347 (AT 4:10 P.M., A VIDEOTAPE WAS PLAYED.)

# 348 (AT 4:11 P.M., THE PLAYING OF THE VIDEOTAPE CONCLUDED.)

# 349 THE COURT:

MR. GOLDBERG?

# 350 MR. GOLDBERG:

OKAY.

# 351 THE COURT:

ALL RIGHT.

# 352 (AT 4:12, A VIDEOTAPE WAS PLAYED.)

# 353 MR. SCHECK:

WOULD YOU STOP THAT FOR A SECOND, PLEASE? NOW -- HOWARD, CAN WE STOP THAT? NO, WE CAN'T STOP IT.

# 354 Q:

BY MR. SCHECK: WHAT WE'VE SEEN SO FAR, THAT'S ANDREA MAZZOLA; IS IT NOT?

# 355 A:

YES, IT IS.

# 356 Q:

AND SHE IS PICKING UP FIRST THE BUNDY GLOVE; IS THAT CORRECT? WANT TO SEE THAT AGAIN FROM THE BEGINNING?

# 357 A:

YES.

# 358 Q:

OKAY. LET'S START FROM THE BEGINNING.

# 359 MR. SCHECK:

I AM SORRY. IS THAT THE BEGINNING, HOWARD? MR. HARRIS: YEAH.

# 360 Q:

BY MR. SCHECK: SORRY. THAT'S THE HAT; IS THAT CORRECT?

# 361 A:

YES.

# 362 Q:

AND SHE'S PUTTING IT IN A BAG; IS THAT CORRECT?

# 363 A:

YES.

# 364 Q:

ALL RIGHT. THAT'S A CAR PASSING IN FRONT. NOW, DO YOU RECALL, MR. FUNG, IF YOU WERE ANYWHERE AROUND OBSERVING THIS, DOING THIS?

# 365 A:

I DON'T SPECIFICALLY RECALL IT, NO.

# 366 Q:

THAT'S HER PICKING UP THE BAG, FOLDING IT, PUTTING THE EVIDENCE TAG BY A TREE I GUESS; IS THAT CORRECT?

# 367 A:

I DON'T KNOW IF IT WAS BY A TREE.

# 368 Q:

BY THE EDGE OF THE STEPS?

# 369 A:

APPEARS SO.

# 370 Q:

AND NOW SHE'S PICKING UP THE GLOVE?

# 371 A:

YES.

# 372 Q:

ALL RIGHT. AND BETWEEN PICKING UP THE KNIT HAT AND PICKING UP THE GLOVE, SHE DID NOT CHANGE HER GLOVES?

# 373 A:

DO I KNOW IF SHE DID OR NOT?

# 374 Q:

WELL, DID YOU SEE THAT IN YOUR OBSERVATIONS? THIS IS NOT THE FIRST TIME YOU'VE OBSERVED THIS TAPE, IS IT?

# 375 A:

NO.

# 376 Q:

YOU'VE LOOKED AT IT A FEW TIMES, HAVEN'T YOU?

# 377 MR. GOLDBERG:

YOUR HONOR --

# 378 Q:

BY MR. SCHECK: LET'S GET RID OF THIS, OKAY?

# 379 (AT 4:15 P.M., THE PLAYING OF THE VIDEOTAPE WAS CONCLUDED.)

# 380 Q:

BY MR. SCHECK: NOW, WHEN YOU TESTIFIED IN FRONT OF THE GRAND JURY NINE DAYS AFTER THAT OCCURRED, WERE YOU ASKED THESE QUESTIONS AND DID YOU GIVE THESE ANSWERS?

# 381 MR. GOLDBERG:

AGAIN, I NEED IT.

# 382 MR. SCHECK:

PAGE 377 TO 378 STARTING AT LINE 8.

# 383 Q:

BY MR. SCHECK: "QUESTION: WAS ONE OF THESE ITEMS A BROWN MAN'S LEATHER GLOVE?

"ANSWER: YES, IT WAS.

"QUESTION: DIRECTING YOUR ATTENTION TO THE SET OF PHOTOGRAPHS, PEOPLE'S 26." AND YOU RECALL THAT, WHEN YOU TESTIFIED IN THE GRAND JURY, WAS PHOTOGRAPHS OF THE BUNDY GLOVE, CORRECT?

# 384 A:

I DON'T RECALL, BUT --

# 385 Q:

YOU RECALL BEING SHOWN THAT IN THE GRAND JURY, PHOTOGRAPHS OF THE BUNDY GLOVE?

# 386 A:

I RECALL PHOTOGRAPHS, BUT I DON'T REMEMBER WHAT NUMBER IT WAS.

# 387 Q:

YOU DON'T REMEMBER IF IT WAS 26, BUT YOU RECALL DURING YOUR TESTIMONY THAT MISS CLARK POINTED TO PICTURES OF THE BUNDY GLOVE?

# 388 A:

YES.

# 389 Q:

OKAY.

"QUESTION: CAN YOU TELL US IF YOU SEE THE GLOVE YOU JUST REFERRED TO?

"ANSWER: IF I MAY TAKE A CLOSER LOOK.

"QUESTION: YES.

"ANSWER: THE GLOVE I'VE REFERRED TO IS SHOWN THERE IN PHOTOGRAPH A. THE PERSON, HE IS POINTING TO IT THERE. IT'S ALSO IN PHOTOGRAPH B AT THE BOTTOM OF THE LEFT-HAND CORNER, THE OTHER IN PHOTOGRAPH C NEXT TO THE PHOTO ID.

"QUESTION: IN PHOTOGRAPHS A, B AND C DO, THEY ACTUALLY DEPICT THE GLOVE AND THE LOCATION AND CONDITION YOU FOUND IT?

"ANSWER: YES.

"QUESTION: WHAT DID YOU DO WITH RESPECT TO THAT GLOVE?

"ANSWER: INITIALLY, I MEASURED TO SEE -- TO LOCATE WHERE IT WAS FOUND, DOCUMENTED THAT LOCATION AND THEN PLACED IT IN A PAPER BAG FOR LATER PROCESSING." WERE YOU ASKED THOSE QUESTIONS, DID YOU GIVE THOSE ANSWERS?

# 390 A:

YES.

# 391 Q:

AND THIS TESTIMONY WASN'T ACCURATE, WAS IT?

# 392 A:

THAT I PERSONALLY DID ALL THAT STUFF? NO.

# 393 Q:

RIGHT. YOU DID NOT TELL THE GRAND JURY THAT ANDREA MAZZOLA WAS THE ONE THAT PICKED UP THE HAT AND PICKED UP THE GLOVE, RIGHT?

# 394 A:

THAT'S CORRECT.

# 395 Q:

NOW, YOU DID NOT TELL THE GRAND JURY WHEN YOU WERE DESCRIBING COLLECTING THAT EVIDENCE ABOUT THE EXISTENCE OF ANDREA MAZZOLA AT ALL, DID YOU?

# 396 MR. GOLDBERG:

WELL, IT'S IRRELEVANT UNLESS HE WAS ASKED WHO ELSE WAS THERE.

# 397 THE COURT:

SUSTAINED.

# 398 Q:

BY MR. SCHECK: WELL, YOU WERE ASKED A WHOLE SERIES OF QUESTIONS IN THE GRAND JURY ABOUT HOW EVIDENCE WAS COLLECTED?

# 399 A:

YES.

# 400 Q:

AND YOU WERE ASKED SPECIFICALLY ABOUT ITEMS THAT YOU CONSIDERED AT THAT TIME IMPORTANT TO THIS CASE?

# 401 MR. GOLDBERG:

WELL --

# 402 THE COURT:

SUSTAINED. IT'S IRRELEVANT WHAT HE THOUGHT WAS IMPORTANT AT THAT TIME. I THINK YOU'VE ALREADY ESTABLISHED WHAT THE TESTIMONY WAS, COUNSEL.

# 403 MR. SCHECK:

OKAY.

# 404 Q:

BY MR. SCHECK: AND THAT TESTIMONY YOU GAVE TO THE GRAND JURY WAS UNDER OATH?

# 405 A:

YES.

# 406 Q:

NOW, DID YOU DECIDE ON YOUR OWN NOT TO MENTION TO THE GRAND JURY THAT ANDREA MAZZOLA WAS INVOLVED IN COLLECTING THE EVIDENCE IN THIS CASE?

# 407 A:

I DON'T THINK IT WAS A COGNIZANT DECISION ONE WAY OR THE OTHER. I JUST GAVE THE ANSWERS AS THEY WERE ASKED TO ME.

KEY QUOTE

# 408 Q:

AND LEFT HER OUT?

# 409 A:

YES.

# 410 Q:

AND YOU DIDN'T HAVE ANY DISCUSSIONS WITH ANYONE AT THE LABORATORY, SID, BEFORE YOU TESTIFIED OR DID YOU HAVE ANY DISCUSSION WITH ANYBODY AT THE LABORATORY BEFORE YOU TESTIFIED?

# 411 A:

CONCERNING WHAT?

# 412 Q:

CONCERNING YOUR TESTIMONY.

# 413 A:

BEFORE THE GRAND JURY?

# 414 Q:

YES?

# 415 A:

I DON'T RECALL.

# 416 Q:

DID YOU TALK -- WHO IS MICHELLE KESTLER?

# 417 A:

SHE'S THE CHIEF FORENSIC CRIMINALIST. SHE'S LAB DIRECTOR OF OUR LABORATORY.

# 418 Q:

DID YOU DISCUSS YOUR TESTIMONY WITH MICHELLE KESTLER BEFORE YOU WENT TO THE GRAND JURY?

# 419 A:

I DON'T RECALL DISCUSSING IT WITH HER.

# 420 Q:

DID YOU DISCUSS YOUR TESTIMONY WITH GREG MATHESON?

# 421 A:

I DON'T BELIEVE SO.

# 422 Q:

HE AT THAT TIME WAS THE HEAD OF SEROLOGY?

# 423 A:

YES.

# 424 Q:

DID YOU DISCUSS YOUR TESTIMONY IN THE GRAND JURY WITH MISS CLARK?

# 425 A:

I DON'T BELIEVE SO.

# 426 Q:

BEFORE YOU TESTIFIED IN THE GRAND JURY, YOU DID NOT DISCUSS YOUR TESTIMONY WITH MISS CLARK?

# 427 A:

I DON'T RECALL DISCUSSING IT WITH HER, NO.

# 428 Q:

SO I TAKE IT THEN THAT THERE WAS NO DISCUSSION BETWEEN -- WITHDRAWN. DID YOU HAVE A DISCUSSION WITH ANYONE ELSE IN THE DISTRICT ATTORNEY'S OFFICE BEFORE YOU TESTIFIED IN THE GRAND JURY?

# 429 A:

I DON'T RECALL DISCUSSING THE CASE WITH ANYBODY, NO.

# 430 Q:

SO THERE WERE NO DISCUSSIONS WHATSOEVER BEFORE YOU TESTIFIED IN THE GRAND JURY IN THIS CASE ABOUT YOUR TESTIMONY WITH ANYONE FROM THE DISTRICT ATTORNEY'S OFFICE?

# 431 A:

I DON'T RECALL ANY.

# 432 Q:

SO IN OTHER WORDS, THE FAILURE TO MENTION THAT ANDREA MAZZOLA WAS INVOLVED IN THE COLLECTION OF EVIDENCE IN THIS CASE WAS SOMETHING THAT YOU DECIDED TO DO ON YOUR OWN?

# 433 MR. GOLDBERG:

YOUR HONOR, I'M GOING TO OBJECT BECAUSE THERE WAS NO EVIDENCE HE WAS ASKED.

# 434 THE COURT:

OVERRULED.

# 435 DENNIS FUNG:

IT WASN'T A CONSCIOUS DECISION. THAT'S JUST THE WAY I ANSWERED THE QUESTIONS.

KEY QUOTE

# 436 Q:

BY MR. SCHECK: DID YOU ANSWER THOSE QUESTIONS IN THAT WAY, LEAVING ANDREA MAZZOLA OUT, BECAUSE YOU WERE WORRIED ABOUT THE FACT THAT A TRAINEE HAD BEEN INVOLVED IN COLLECTING IMPORTANT ITEMS OF EVIDENCE IN THIS CASE?

# 437 A:

NO.

# 438 Q:

NOT JUST INVOLVED, BUT SHE HAD A MAJOR ROLE, DIDN'T SHE?

# 439 A:

YES, SHE DID.

# 440 Q:

NOT ONLY DID SHE COLLECT THE BLOODSTAINS THAT WE'VE TALKED ABOUT AND THE GLOVE AND THE HAT, BUT SHE ALSO DID CRIME SCENE DIAGRAMS?

# 441 A:

YES.

# 442 Q:

OF ROCKINGHAM?

# 443 A:

YES.

# 444 Q:

AND BUNDY?

# 445 A:

YES.

# 446 Q:

NOW, YOU SUBSEQUENTLY TESTIFIED AT A PRELIMINARY HEARING IN THIS CASE; DID YOU NOT?

# 447 A:

YES, I DID.

# 448 Q:

AND AT THE PRELIMINARY HEARING, WERE YOU ASKED THESE QUESTIONS AND DID YOU GIVE THESE ANSWERS? AND OUT OF COMPLETENESS, I'M STARTING HIS TESTIMONY OF JULY 7TH ON PAGE 39, LINE 17. TELL ME WHEN YOU'RE READY, MR. GOLDBERG.

# 449 (BRIEF PAUSE.)

# 450 THE COURT:

ALL RIGHT. MR. SCHECK.

# 451 MR. SCHECK:

CAN I --

# 452 THE COURT:

PROCEED.

# 453 MR. SCHECK:

"QUESTION: HOW DO YOU COLLECT BLOODSTAINS FROM A CRIME SCENE?

"ANSWER: GENERALLY STAINS ARE TRANSFERRED ONTO A SWATCH BY FIRST WETTING THE SWATCH WITH DISTILLED WATER, APPLYING IT TO THE STAIN SO THE BLOOD IS ABSORBED ONTO THE SWATCH, AND AT THAT TIME, IT'S PLACED INTO A PLASTIC BAG AND THEN PUT INTO A COIN ENVELOPE WHERE IT IS LABELED WITH THE CORRESPONDING PHOTO ID NUMBER.

"QUESTION: IS IT ALSO YOUR JOB, SIR, TO PACKAGE ALL OF THE EVIDENCE THAT YOU COLLECT AND LABEL IT WITH WHAT IS KNOWN AS A DR NUMBER?

"ANSWER: YES, IT IS.

"QUESTION: AND DID YOU DO SO IN THIS CASE?

"ANSWER: YES, I DID.

"QUESTION: NOW I'M GOING TO DIRECT YOUR ATTENTION TO ITEMS 1 THROUGH 8. THOSE ARE THE BUNDY -- THE STAINS AT ROCKINGHAM, CORRECT?

"ANSWER: 1 THROUGH 8, SOME OF THEM WERE STAINS. YES.

"QUESTION: DID YOU PREPARE A REPORT DESIGNATING WHAT ITEMS NO. 1 THROUGH 8 ARE IN THIS CASE?

"ANSWER: YES, I DID.

"QUESTION: DID YOU COLLECT THEM, SIR?

"ANSWER: I DID, ALONG WITH MY ASSISTANT, CRIMINALIST MAZZOLA.

"QUESTION: IS THAT ANOTHER CRIMINALIST WITH THE LOS ANGELES POLICE DEPARTMENT?

"ANSWER: YES.

"QUESTION: DO YOU USUALLY SEND TWO CRIMINALISTS TO A CRIME SCENE?

"ANSWER: NOT ALWAYS, NO.

"QUESTION: WHAT WAS THIS CRIMINALIST DOING WITH YOU ON THAT PARTICULAR DAY?

"ANSWER: SHE WAS THERE TO LEARN HOW TO PROCESS CRIME SCENES.

"QUESTION: YOU WERE SHOWING HER HOW IT IS DONE?

"ANSWER: YES." WERE YOU ASKED THOSE QUESTIONS AND DID YOU GIVE THOSE ANSWERS?

# 454 A:

YES.

# 455 Q:

NOW, WHEN YOU SAID THAT ANDREA MAZZOLA WAS THERE TO LEARN HOW TO PROCESS CRIME SCENES AND YOU WERE SHOWING HER HOW IT WAS DONE, YOU WERE INTENDING TO CONVEY, WERE YOU NOT, THAT YOU DID MOST OF THE WORK AND SHE WAS OBSERVING YOU?

# 456 A:

I DON'T KNOW IF THAT WAS MY INTENTION WITH THAT STATEMENT.

# 457 Q:

WELL, THIS WAS A PRELIMINARY HEARING THAT WAS YOU KNEW ON NATIONAL TELEVISION?

# 458 A:

YES.

# 459 Q:

AND DID YOU HAVE ANY RELUCTANCE IN TESTIFYING THAT IT WAS ANDREA MAZZOLA THAT SWATCHED PRIMARILY ALL THE ITEMS? YOU SAID YOU SWATCHED ONE OR TWO TIMES, THE BUNDY BLOOD DROPS; IS THAT RIGHT?

# 460 A:

MAY HAVE BEEN MORE THAN THAT.

# 461 Q:

SHE DID PRIMARILY ALL THE BUNDY BLOOD DROPS, RIGHT?

# 462 A:

SHE DID A GOOD PORTION OF THEM, YES.

# 463 Q:

AND SHE DID THE ROCKINGHAM BLOOD STAINS EXCLUSIVELY?

# 464 MR. GOLDBERG:

WELL, IT'S VAGUE AS TO WHETHER HE MEANS SWATCH OR WHAT.

# 465 Q:

BY MR. SCHECK: SHE SWATCHED THE ROCKINGHAM BLOODSTAINS EXCLUSIVELY?

# 466 THE COURT:

OVERRULED.

# 467 DENNIS FUNG:

I WOULDN'T SAY EXCLUSIVELY.

# 468 Q:

BY MR. SCHECK: WELL, YOU DIDN'T SWATCH THE BLOOD STAINS AT ROCKINGHAM, DID YOU?

# 469 A:

THERE MAY HAVE BEEN TIMES WHERE I DID TAKE AND SHOW HER TECHNIQUES THAT I USED.

# 470 Q:

DO YOU REMEMBER THAT NOW AS YOU SIT HERE?

# 471 A:

I MAY HAVE.

# 472 Q:

WELL, DID YOU OR DIDN'T YOU?

# 473 A:

TO THE BEST REC -- I DON'T RECALL SPECIFICALLY WHICH ONES, BUT I DO RECALL HAVING MANIPULATED OR NOT MANIPULATED, BUT TAKEN THE TWEEZERS AND USED THEM AT ROCKINGHAM.

# 474 Q:

YOU DO?

# 475 A:

YES. BUT SHE DID THE MOST.

# 476 Q:

SHE DID MOST OF IT, RIGHT?

# 477 A:

SHE DID MOST OF IT, YES.

# 478 Q:

BUT WHEN YOU WERE TESTIFYING AT THE PRELIMINARY HEARING, YOU WERE SAYING THAT YOU WERE SHOWING HER HOW IT WAS DONE, AND WEREN'T YOU TRYING TO CONVEY THE IMPRESSION THAT YOU DID IT AND SHE WAS JUST THERE AS AN OBSERVER?

# 479 MR. GOLDBERG:

I OBJECT. THIS MISSTATES HIS TESTIMONY.

# 480 THE COURT:

SUSTAINED.

# 481 Q:

BY MR. SCHECK: YOU WERE ASKED AT THE PRELIMINARY HEARING IN THESE QUESTIONS AND ANSWERS THAT I READ TO YOU:

"DO YOU USUALLY SEND TWO CRIMINALISTS TO A CRIME SCENE," AND YOUR ANSWER WAS,

"NOT ALWAYS, NO." DO YOU RECALL THAT?

# 482 A:

YES.

# 483 Q:

NOW, ISN'T IT -- WOULDN'T IT BE -- IS IT THE POLICY OF THE LAPD SCIENTIFIC INVESTIGATION UNIT TO SEND AT LEAST TWO CRIMINALISTS TO A DOUBLE HOMICIDE SUCH AS THIS CASE?

# 484 A:

IT WOULDN'T -- AT THAT TIME?

# 485 Q:

YEAH.

# 486 A:

AT THAT TIME, THERE WAS NO HARD AND FAST RULE TO SEND TWO CRIMINALISTS TO A DOUBLE, NO.

# 487 Q:

IT'S YOUR TESTIMONY THAT ON JUNE 13TH, AS FAR AS YOU WERE CONCERNED, IT WOULD NOT BE THE POLICY OF THE SCIENTIFIC INVESTIGATIONS UNIT OF THE LAPD TO SEND TWO CRIMINALISTS TO A DOUBLE HOMICIDE?

# 488 A:

THAT'S NOT THE POLICY AT THAT TIME, NO.

# 489 Q:

I AM SORRY. WELL, YOU'RE AWARE -- I JUST HAVE A FEW MINUTES BEFORE THE BREAK. YOU'RE AWARE THAT THERE IS A POLICY ABOUT NOTIFYING SUPERVISORS IN CERTAIN CASES?

# 490 A:

YES.

# 491 Q:

ALL RIGHT. AND IS THIS IN THAT MANUAL DO YOU KNOW, THE MANUAL THAT YOU ARE NOT SO SURE YOU'RE FAMILIAR WITH?

# 492 A:

I HAVE NOT REVIEWED THAT MANUAL THAT YOU'RE REFERRING TO.

# 493 Q:

WELL, HOW DO YOU KNOW ABOUT THIS POLICY?

# 494 A:

THIS IS A POLICY THAT IS -- WAS GIVEN TO THE CRIMINALISTS VERBALLY.

# 495 Q:

OKAY. SO YOU GOT THIS VERBALLY. YOU NEVER SAW A PIECE OF PAPER ABOUT THIS POLICY?

# 496 A:

WELL, WHAT POLICY ARE YOU REFERRING TO?

# 497 Q:

WELL, DO YOU KNOW OF A POLICY THAT SAYS THAT SUPERVISORS MUST BE NOTIFIED IMMEDIATELY WHEN A CASE, NUMBER ONE, INVOLVES AN INDIVIDUAL OR A GROUP OF NOTORIETY?

# 498 A:

YES.

# 499 Q:

AND THAT THE SECOND FACTOR IN THIS POLICY IS THAT THERE MIGHT BE A SIGNIFICANT NUMBER OF PRESS AT THE SCENE?

# 500 MR. GOLDBERG:

YOUR HONOR, THIS LINE OF QUESTIONING IS IRRELEVANT.

# 501 THE COURT:

OVERRULED.

# 502 DENNIS FUNG:

THAT IS ONE OF THE FAC -- FACTORS IN DETERMINING WHETHER TO CALL A SUPERVISOR, YES.

# 503 Q:

BY MR. SCHECK: RIGHT. AND THE REASON THE PRESS IS IMPORTANT, WOULD YOU NOT AGREE, THAT WHEN THE PRESS GETS TO A SCENE, THAT MAKES IT DIFFICULT SOMETIMES FOR A CRIMINALIST TO COLLECT EVIDENCE?

# 504 A:

NOT GENERALLY, NO.

# 505 Q:

WHEN THE PRESS ARRIVES AT A SCENE, SOMETIMES THAT DRAWS A CROWD?

# 506 A:

YES.

# 507 Q:

IT MAY BE DIFFICULT TO KEEP PEOPLE AWAY FROM THE CRIME SCENE, GETTING INTO IT?

# 508 A:

IT'S A POSSIBILITY.

# 509 Q:

AND THE POLICY ABOUT IMMEDIATE NOTIFICATION OF SUPERVISORS INCLUDES ANY CASE THAT MIGHT BE CONSIDERED UNUSUAL?

# 510 A:

YES.

# 511 Q:

AND INVOLVES TWO OR MORE THAN TWO MURDERS, CORRECT. MORE THAN TWO VICTIMS?

# 512 A:

YES.

# 513 Q:

ALL RIGHT. SO OUT OF THE FOUR FACTORS, WOULDN'T YOU AGREE THAT THIS CASE CERTAINLY FIT INTO AT LEAST THREE?

# 514 A:

OF NOTIFYING A SUPERVISOR?

# 515 Q:

YES.

# 516 A:

YES.

# 517 Q:

AND THE REASON YOU -- CASES ARE PICKED OUT TO NOTIFY SUPERVISORS IS THAT THESE ARE THE KINDS OF CASES THAT WOULD INVOLVE ADDITIONAL SUPPORT AND EXTRA ATTENTION?

# 518 A:

POSSIBLY.

# 519 Q:

AND YOU KNEW RIGHT AWAY THAT THIS WAS THAT KIND OF CASE, RIGHT?

# 520 A:

I KNEW THIS WAS GOING TO BE A HIGH-PROFILE CASE.

# 521 Q:

AND WHEN YOU SERVED IN THE GRAND JURY, YOU KNEW THAT THIS KIND OF CASE FROM THE MOMENT YOU GOT IT ON JUNE 13TH WOULD BE THAT KIND OF CASE?

# 522 A:

HIGH-PROFILE CASE?

# 523 Q:

WELL, HIGH PROFILE, ONE THAT WOULD INVOLVE PRESS, ONE THAT WAS UNUSUAL?

# 524 A:

I DON'T KNOW IF IT'S UNUSUAL, BUT IT IS HIGH PROFILE.

# 525 Q:

ONE THAT WOULD INVOLVE IMMEDIATE NOTIFICATION OF SUPERVISORS?

# 526 A:

YES.

# 527 Q:

ONE THAT WOULD LIKELY CALL FOR AT LEAST TWO CRIMINALISTS?

# 528 A:

I DON'T -- I CAN'T DETERMINE WHAT A SUPERVISOR WOULD SAY IN THAT INSTANT.

# 529 MR. SCHECK:

WELL, I THINK THIS IS AN APPROPRIATE PLACE TO STOP.

Temperature

devastating

Key Quotes (5)

Dennis Fung

IT WASN'T A CONSCIOUS DECISION. THAT'S JUST THE WAY I ANSWERED THE QUESTIONS.

Fung's explanation for why he completely omitted Mazzola from his grand jury testimony — a damaging non-answer that implies either negligence or deliberate concealment.

Dennis Fung

I DON'T THINK IT WAS A COGNIZANT DECISION ONE WAY OR THE OTHER. I JUST GAVE THE ANSWERS AS THEY WERE ASKED TO ME.

Fung acknowledges leaving Mazzola out of his account while denying it was intentional — undermining both his credibility and the prosecution's chain-of-custody narrative.

Dennis Fung

THAT WAS SOMETIME AFTER THE CRIME SCENE HAD BEEN DONE... MAYBE TWO OR THREE [MONTHS].

Fung admits that the 'BY' field on the evidence collection form — identifying who collected each item — was filled in two to three months after the fact, not contemporaneously.

Dennis Fung

I WAS ALSO ASSIGNED TO BE HER TRAINING OFFICER THAT WEEKEND.

Fung's own prior testimony (Griffin hearing) confirming Mazzola was in training, directly contradicting his trial testimony that she was not a trainee.

Dennis Fung

YES, I DID... YES... YES... YES... YES.

Fung's rapid-fire admissions under Scheck's itemized questioning confirming Mazzola swatched blood drops 47, 48, 49, 50, and 52 — all items Fung had testified before the grand jury that he personally collected.

Evidence (8)

Defendant's 1069

Original two-page evidence collection report for items seized at Bundy — the 'BY' field (indicating who collected each item) was blank

Introduced and displayed on ELMO to show contemporaneous documentation was incomplete

Defendant's 1070

Copy of the same Bundy evidence collection sheet with the 'BY' field filled in retroactively by Fung and Mazzola 2-3 months after collection

Introduced to contrast with 1069 and highlight reconstruction of records

Informal

Videotape (no audio) showing Andrea Mazzola picking up the watch cap and Bundy glove without changing gloves between items

Played in court; Fung confirmed the person on tape was Mazzola and he did not recall being present to observe

Informal

Griffin hearing transcript (August 1994) — Fung's prior testimony about items 47-52 and Mazzola's role as trainee

Used extensively to impeach Fung's trial testimony with prior inconsistent statements

Informal

Grand jury transcript (June 27, 1994) — Fung's testimony describing himself as the one who swatched blood drops and collected the Bundy glove, with no mention of Mazzola

Used to impeach; Fung admitted the testimony was inaccurate

Informal

Preliminary hearing transcript (July 7, 1994) — Fung testified Mazzola was 'there to learn' and he was 'showing her how it was done'

Used to impeach; Scheck argued Fung conveyed the false impression that he did the work and she was an observer

+ 2 more

Notable Exchanges (5)

Barry Scheck•Dennis Fung

Scheck reads Fung's grand jury testimony in which Fung testified in first person that he collected the blood drops, swatched them, and collected the Bundy glove — then asks Fung whether this testimony was accurate. Fung concedes it was not. Fung then admits he never mentioned Mazzola to the grand jury at all.

devastating

Barry Scheck•Dennis Fung

Scheck systematically goes item by item — blood drops 47, 48, 49, 50, 52, the Bronco stain, Rockingham stains 4-8, the Bundy glove, the watch cap — and Fung confirms Mazzola collected each one, while Scheck contrasts this against Fung's prior testimony claiming personal collection.

systematic/revealing

Barry Scheck•Dennis Fung•Hank Goldberg

Scheck attempts to show that Fung was asked three times in the Griffin hearing whether he observed Mazzola collect item 52 and three times said yes — but today testified he was not there. Goldberg repeatedly objected that this misstated the evidence, with split rulings from Ito.

contentious/procedural

Barry Scheck•Dennis Fung

Scheck plays the videotape of Mazzola picking up the watch cap and Bundy glove without changing gloves between items. Fung confirms the person on the tape is Mazzola, that he did not recall observing, and that he had viewed the tape before testifying.

revealing

Barry Scheck•Dennis Fung

Scheck establishes that this case met at least three of four criteria requiring immediate supervisor notification (high-profile individual, anticipated press, multiple victims), that a supervisor would likely have assigned additional criminalists — yet Fung went to the scene with only a trainee.

strategic

Light Moments (1)

Lance A. Ito

Scheck mistakenly refers to the Griffin hearing as 'August of this year' instead of 'August of last year.' Ito corrects him: 'Let's not make it true.'

Credibility Attacks (5)

⚔ Dennis Fung

Prior inconsistent statement — grand jury testimony

Fung testified before the grand jury on June 27, 1994 (nine days after the crime scene) that he personally collected blood drops and the Bundy glove using first-person language, with no mention of Mazzola. At trial, he concedes this testimony was inaccurate.

⚔ Dennis Fung

Prior inconsistent statement — preliminary hearing

At the July 7, 1994 preliminary hearing, Fung testified Mazzola was 'there to learn' and he was 'showing her how it was done,' implying he did the work. Scheck argues this conveyed a false impression about who performed the collection.

⚔ Dennis Fung

Prior inconsistent statement — Griffin hearing

At the August 1994 Griffin hearing, Fung testified multiple times that he personally observed Mazzola collect item 52. At trial on direct examination, he testified he was not present for item 52's collection. After discussing the matter with Mazzola and Goldberg, he changed his account.

⚔ Dennis Fung

Retroactive record creation

The 'BY' field on the official evidence collection form — identifying who collected each item — was left blank at the time of collection and filled in 2-3 months later by Fung and Mazzola working from memory, undermining the integrity of the documentation.

⚔ Dennis Fung

Omission / misleading testimony

Fung testified before the grand jury about collecting evidence at both Bundy and Rockingham without ever disclosing that the person who actually performed most of the physical swatching was Andrea Mazzola, a trainee with only 4-5 prior crime scenes.

Witness Demeanor

(BRIEF PAUSE.) — Fung asked to review the prior transcript before answering questions about what he said at the Griffin hearing

Fung repeatedly qualifies his answers with 'to the best of my recollection' and 'I don't recall specifically' when pressed on details

Fung's answers become increasingly hedged and evasive as Scheck stacks prior inconsistent statements

Objections

20 objections (11 sustained, 9 overruled)

Proceeding 5582 • 529 utterances • Prosecution witness

Criminal Trial

Department 103