📄 Direct examination of Dennis Fung (part 1) — Tuesday, April 4, 1995
Address:
C:\DEPT103\CRIMINAL\1995\APR\4\DIRECT-EXAMINATION-OF-DENNIS-F.DOC
TRIAL
▲ Day 51 of 167

Direct examination of Dennis Fung (part 1)

Witness: Dennis Fung
Examiner: Hank Goldberg
Called by: Prosecution • Date: Tuesday, April 4, 1995 • Utterances: 394
Hank Goldberg continued his direct examination of LAPD criminalist Dennis Fung, walking through detailed technical procedures for evidence drying, packaging, and final booking at the crime lab. The session also covered Fung's June 14th visit to the LAPD print shed to collect bloodstain evidence from OJ Simpson's white Bronco, using demonstration boards (People's 169–172) to illustrate each step of the evidence-handling chain.
1 THE COURT:

ALL RIGHT. MR. FUNG, WOULD YOU RESUME THE WITNESS STAND, PLEASE. GOOD MORNING AGAIN, MR. FUNG.

2 DENNIS FUNG:

GOOD MORNING.

3 THE COURT:

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

4 MR. GOLDBERG:

THANK YOU.

DIRECT EXAMINATION (RESUMED) BY MR. GOLDBERG:

5 Q:

GOOD MORNING. BEFORE WE GET INTO THE ISSUE OF THE EVIDENCE PROCESSING ONCE YOU GOT BACK TO THE LAB, I WANTED TO CLARIFY A FEW THINGS THAT OCCURRED EARLIER ON THE DAY OF THE 13TH. CAN YOU TELL US, MR. FUNG, WHAT TIME IT WAS THAT YOU LEFT ROCKINGHAM FOR BUNDY ON THE 13TH?

6 A:

I LEFT ROCKINGHAM FOR BUNDY AT APPROXIMATELY 10:00 O'CLOCK.

7 Q:

AND WHEN DID YOU ARRIVE AT BUNDY?

8 A:

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

9 Q:

OKAY. NOW, WHEN YOU RETURNED TO ROCKINGHAM IN THE AFTERNOON, DID YOU HAVE OCCASION TO SEE STAIN NO. 8 AGAIN THAT AFTERNOON, THE SAME ONE THAT YOU HAD SEEN EARLIER IN THE MORNING?

10 A:

YES.

11 Q:

AND WAS THERE ANYTHING DIFFERENT ABOUT THE STAIN WHEN YOU SAW IT IN THE AFTERNOON THAN WHEN YOU HAD SEEN IT BEFORE?

12 A:

YES. IN THE MORNING, THE STAIN WAS A REDDISH COLOR, AND WHEN I RETURNED IN THE AFTERNOON, IT WAS A DARK BROWN COLOR.

KEY QUOTE
13 Q:

AND WHAT'S -- IS THERE A DISTINCTION BETWEEN RED AND BROWN IN TERMS OF THE AGE OF THE STAIN IN YOUR MIND?

14 A:

YES.

15 Q:

AND WHAT HAPPENS WHEN IT STARTS AGING A LITTLE BIT?

16 A:

WHEN A STAIN AGES, IT STARTS TO DEGRADE.

17 Q:

OKAY. SO IT HAD TURNED BROWN BY THE TIME YOU HAD RETURNED?

18 A:

YES.

19 Q:

NOW, REGARDING THE STAINS THAT WERE COLLECTED AT ROCKINGHAM IN THE MORNING OF THE 13TH, WERE THERE ANY OF THOSE STAINS WHICH YOU DID NOT PERSONALLY SEE BEING COLLECTED?

20 A:

WANT ME TO REFER TO MY NOTES?

21 Q:

YES.

22 A:

I DID NOT PERSONALLY SEE STAINS 7 AND 8 COLLECTED.

KEY QUOTE
23 Q:

HAD YOU SEEN THEM THOUGH PRIOR TO THE TIME THAT THEY WERE COLLECTED DURING THE DOCUMENTATION PHASE?

24 A:

YES.

25 Q:

ALL RIGHT. AND AT BUNDY, WERE THERE ANY STAINS THERE THAT YOU PERSONALLY DID NOT SEE COLLECTED?

26 A:

YES.

27 Q:

WHAT STAIN OR STAINS?

28 A:

BE STAIN -- ITEM NO. 52 WITH THE PHOTO ID NUMBER 117.

29 Q:

WAS 52 THE STAIN THAT WAS AT THE END OF WHAT YOU REFERRED TO AS BEING THE TRAIL?

30 A:

YES.

31 Q:

OKAY?

32 MR. SCHECK:

YOUR HONOR, EXCUSE ME. THE WITNESS SEEMS TO BE REFRESHING HIS RECOLLECTION FROM NOTES. CAN I INSPECT WHICH NOTES?

33 THE COURT:

YOU MAY.

34 (DISCUSSION BETWEEN MR. SCHECK AND THE WITNESS.)
35 THE COURT:

ALL RIGHT. COUNSEL, THE REQUEST WAS TO SEE WHAT HE'S REFERRING TO. NOT TO HAVE A PRIVATE CONFERENCE. PROCEED.

36 Q:

BY MR. GOLDBERG: SIR, WHAT DOCUMENT WERE YOU REFERRING TO IN ORDER TO PROVIDE THE ANSWERS WITH RESPECT TO THE STAINS THAT YOU DID NOT PERSONALLY WITNESS BEING COLLECTED?

37 A:

I REFERRED TO A CRIME SCENE CHECKLIST AND I ALSO HAVE SOME OTHER NOTES THAT I HAVE CREATED FOR EASIER TESTIMONY IN MY NOTEBOOK.

KEY QUOTE
38 Q:

OKAY. AND WHEN YOU WERE TESTIFYING ABOUT STAIN 52 AT BUNDY, I CAN'T RECALL WHETHER -- YOU MAY HAVE ALREADY TESTIFIED TO THIS, BUT DID YOU PARTICIPATE IN DOCUMENTING AND MEASURING WHERE THAT WAS?

39 A:

YES, I DID.

40 Q:

OKAY. WITH RESPECT TO THE STAINS THAT WERE COLLECTED AT BUNDY ON JULY THE 3RD OF 1994, WHEN WERE THOSE BOOKED INTO EVIDENCE AT LAPD? DO YOU HAVE TO REFER TO SOMETHING TO GIVE US THE DATE?

41 A:

REFERRING TO MY PROPERTY REPORT.

42 Q:

TELL US THE DATE OF THE PROPERTY REPORT YOU'RE LOOKING AT IN ORDER TO GIVE US THIS INFORMATION.

43 A:

THE DATE OF THE PROPERTY REPORT IS JULY 5TH, 1994 AND THE ITEMS WERE BOOKED INTO THE EVIDENCE CONTROL UNIT OF SID AT JULY 5TH, 1994.

44 Q:

OKAY. AND WHEN YOU BOOK SOMETHING INTO THE EVIDENCE CONTROL UNIT, IS IT SEALED PRIOR TO THAT TIME?

45 A:

YES, IT IS.

46 Q:

AND REGARDING ITEM NO. 9, THE GLOVE THAT YOU DISCUSSED YESTERDAY IN YOUR TESTIMONY, DID YOU SEE ANY STAINS ON THE PAPER BAG INTO WHICH IT WAS PLACED?

47 A:

NO.

48 Q:

OKAY. DID YOU SEE ANY WET BLOOD IN THE AREA -- EXCUSE ME. DID YOU SEE ANY WET OR DRY BLOOD IN THE AREA WHERE THAT GLOVE WAS FOUND?

49 A:

I DID NOT OBSERVE ANY.

50 MR. GOLDBERG:

YOUR HONOR, AT THIS TIME, I WOULD LIKE TO PUT UP THE ROCKINGHAM DIAGRAM JUST BRIEFLY.

51 THE COURT:

CERTAINLY.

52 MR. GOLDBERG:

THAT WOULD BE PEOPLE'S 169.

53 (PEO'S 169 FOR ID = DIAGRAM/ROCKINGHAM)
54 THE COURT:

IT'S A GOOD THING THERE'S NO WIND IN THIS PLACE.

55 Q:

BY MR. GOLDBERG: MR. FUNG, I AM DIRECTING YOUR ATTENTION TO WHAT'S BEEN MARKED AS PEOPLE'S 169 AND IS ENTITLED "ROCKINGHAM INTERIOR BIOLOGICAL EVIDENCE." DID YOU HAVE THE OPPORTUNITY TO LOOK AT THIS EXHIBIT PRIOR TO THE TIME IT WAS BROUGHT DOWN TO COURT?

56 A:

YES.

57 Q:

ALL RIGHT. AND DIRECTING YOUR ATTENTION TO THE CALL OUT NUMBER THAT SAYS 14, WHAT DOES THAT SHOW? WHAT AREA OF THE RESIDENCE DOES THAT SHOW?

58 A:

THAT IS IN THE MASTER BATH -- BATHROOM.

59 Q:

SO THAT WOULD BE DEPICTING THE UPSTAIRS OF THE HOUSE?

60 A:

YES.

61 Q:

AND WHAT DO THE PHOTOGRAPHS THAT ARE ATTACHED TO ITEM 14 SHOW?

62 A:

THE PHOTOGRAPH ON THE RIGHT DEPICTS CRIMINALIST MAZZOLA DISPLAYING THE RESULTS OF A PHENOLPHTALEIN TEST AND THE PHOTOGRAPH ON THE LEFT IS A CLOSE-UP AND YOU CAN SEE THE STAIN HERE (INDICATING).

63 Q:

OKAY. YOU'RE POINTING TO AN AREA THAT'S JUST TO THE RIGHT ON THIS PHOTOGRAPH ABOUT AN INCH AND A HALF OR SO FROM THE CARD?

64 A:

YES.

65 Q:

AND IS THE OTHER PHOTOGRAPH TO THE LEFT SIMPLY A PERSPECTIVE SHOT DEMONSTRATING THE SAME GENERAL THING?

66 A:

YES.

67 Q:

NOW, DIRECTING YOUR ATTENTION TO THE ITEM CALL OUT NO. 13, WHAT GENERAL AREA IS BEING POINTED TO THERE WITH THAT CALL OUT LINE?

68 A:

THAT IS THE MASTER BEDROOM.

69 Q:

WHAT ABOUT THE TWO PHOTOGRAPHS THAT ARE ATTACHED TO THAT CALL OUT LINE? WHAT DO THOSE SHOW?

70 A:

THOSE TWO PHOTOGRAPHS SHOW A PAIR OF DARK COLORED SOCKS ON THE THROW RUG.

71 Q:

THOSE ARE THE SOCKS THAT YOU RECOVERED AND LISTED AS ITEM 13?

72 A:

YES.

73 Q:

AND NOW TO FINALLY DIRECT YOUR ATTENTION TO THE CALL OUT LINE THAT SAYS 12, WHAT GENERAL AREA OF THE HOUSE IS THAT POINTING TO?

74 A:

THAT IS -- WELL, THOSE TWO PHOTOGRAPHS DEPICT THE FOYER OF THE HOUSE, WHICH IS THE ENTRANCE, AND THERE ARE THREE LARGE STAINS ON THE FLOOR. THAT IS A -- A CLOSE-UP OF THAT IS SHOWN IN THE RIGHT PICTURE.

75 Q:

OKAY. SO THE RIGHT PICTURE IS SIMPLY -- OR THE LEFT PICTURE RATHER IS SIMPLY A PERSPECTIVE SHOT SHOWING THE SAME GENERAL ITEM AS THE PICTURE ON THE RIGHT?

76 A:

YES.

77 Q:

THANK YOU. NOW, WE HAD LEFT OFF YESTERDAY WITH YOU GOING BACK TO THE LABORATORY, AND I BELIEVE YOU TESTIFIED THAT YOU ARRIVED AT APPROXIMATELY 6:30; IS THAT CORRECT?

78 A:

YES.

79 Q:

ALL RIGHT. NOW, WHEN YOU WENT BACK TO THE LABORATORY, WERE YOU STILL -- WERE YOU STILL WEARING THE SAME GLOVES THAT YOU HAD -- THAT YOU WOULD HAVE BEEN WEARING AT THE TIME THAT YOU LEFT ROCKINGHAM IN THE AFTERNOON?

80 A:

NO.

81 Q:

WHAT PROCESS DO YOU GO THROUGH IN THE LABORATORY WHEN YOU'RE RETURNING TO THE LAB WITH BIOLOGICAL EVIDENCE?

82 A:

WITH BIOLOGICAL EVIDENCE, THERE'S A DRYING PROCESS THAT THAT TYPE OF EVIDENCE IS SUBJECTED TO.

83 MR. GOLDBERG:

YOUR HONOR, AT THIS TIME, I WOULD LIKE TO MARK AS PEOPLE'S 170 FOR IDENTIFICATION ANOTHER BOARD, AND I BELIEVE IT'S ENTITLED "EVIDENCE DRYING DEMONSTRATION."

84 THE COURT:

ALL RIGHT. PEOPLE'S 170.

85 MR. GOLDBERG:

YEAH.

86 (PEO'S 170 FOR ID = POSTERBOARD)
87 Q:

BY MR. GOLDBERG: SIR, DIRECTING YOUR ATTENTION TO THE BOARD THAT WE'VE LABELED 170 -- PERHAPS WE COULD SEE THE FIRST PHOTOGRAPH ON THAT IN CELL 1. SIR, WHAT DOES THAT SHOW?

88 A:

THE PHOTOGRAPH, FIRST PHOTOGRAPH DEPICTS THE DOOR TO THE EVIDENCE PROCESSING ROOM.

89 Q:

OKAY. AND IS THAT -- THAT'S AN INTERIOR DOOR?

90 A:

YES, IT IS.

91 Q:

AND EPR STANDS FOR EVIDENCE PROCESSING ROOM?

92 A:

YES.

93 Q:

IS THERE ANY OTHER DOOR THAT YOU CAN TAKE INTO THAT PARTICULAR ROOM?

94 A:

YES, THERE IS.

95 Q:

WHICH DOOR IS THAT?

96 A:

THAT IS THE ROLLING DOOR THAT FACES TOWARDS THE OUTSIDE OF THE FACILITY.

97 Q:

AND IN ORDER TO GET THE ROLLING DOOR UP, DO YOU HAVE TO GO THROUGH THIS DOOR?

98 A:

YES.

99 Q:

AND INDICATING THE DOOR THAT'S DEPICTED IN CELL NO. 1?

100 A:

YES.

101 Q:

ALL RIGHT. IF YOU LOOK AT THIS PICTURE IN CELL NO. 1 TO THE RIGHT OF THE DOOR, THERE APPEARS TO BE SOME SORT OF A PLASTIC OR GLASS LIKE OBJECT. WHAT IS THAT?

102 A:

THAT IS A MARKER TO LET PEOPLE KNOW WHERE THE MOST SENSITIVE PART OF THE SENSOR FOR THE KEY OF THIS ENTRY IS.

103 Q:

SO IS THIS LIKE A CARD KEY TYPE ENTRY SYSTEM?

104 A:

YES.

105 Q:

ALL RIGHT. WAS ANDREA MAZZOLA STILL WITH YOU DURING THE DRYING PROCESS THAT OCCURRED ON THE 13TH?

106 A:

YES.

107 Q:

ALL RIGHT. NOW, LET'S TAKE A LOOK AT THE PHOTOGRAPH IN CELL 2. WHAT DOES THAT PHOTOGRAPH DEPICT, MR. FUNG?

108 A:

THE PHOTOGRAPH DEPICTS THE TRANSFERRING OF A CLOTH SWATCH IN A PLASTIC BAGGIE TO A LABELED TEST TUBE.

109 MR. GOLDBERG:

YOUR HONOR, AT THIS TIME, I WOULD LIKE TO MARK A TEST TUBE AS PEOPLE'S 163-G.

110 THE COURT:

163-G.

111 Q:

BY MR. GOLDBERG: SIR, I'M SHOWING YOU WHAT WE'VE JUST MARKED AS 163-G. WHAT IS THAT ITEM?

112 A:

THIS IS A DISPOSABLE TEST TUBE.

113 Q:

AND I'M GOING TO TAKE AN ITEM THAT WE'VE PREVIOUSLY MARKED AS PEOPLE'S 163-E FOR IDENTIFICATION. IT'S ONE OF THE PLASTIC BAGS CONTAINED IN THAT COIN ENVELOPE. YOU TESTIFIED THAT THIS WAS THE TYPE OF PLASTIC BAGGIE THAT YOU USED WHEN YOU WERE AT THE CRIME SCENE?

114 A:

YES.

115 Q:

CAN YOU JUST SHOW US HOW IT IS THAT YOU'RE MANIPULATING THE EVIDENCE AS IS DEPICTED IN CELL 2 BY USING THE TEST TUBE AND THE PLASTIC BAGGIE?

116 A:

YES. WELL, FIRST, I WOULD HAVE GLOVES ON AS IS DEPICTED IN THE PICTURE. THE CLOTH SWATCH WOULD BE WITHIN THE BAG. I WOULD PLACE THE TEST TUBE IN THE PLASTIC BAG AND MANIPULATE IT INTO THE TEST TUBE.

117 Q:

OKAY. SO YOUR HANDS NEVER COME INTO CONTACT WITH THE SWATCH ITSELF?

118 A:

THAT'S CORRECT.

119 Q:

IS THAT THE PROCEDURE THAT YOU USED ON THE 13TH IN TERMS OF DRAWING?

120 A:

YES, IT IS.

121 Q:

AND WHO DID ALL OF THOSE MANIPULATIONS? WAS THAT YOU OR WAS THAT ANDREA MAZZOLA OR A COMBINATION?

122 A:

MISS MAZZOLA LABELED THE TEST TUBES AND I DID THE ACTUAL MANIPULATION OF THE CLOTH SWATCHES INTO THE TEST TUBES.

123 Q:

AND SO ALL THE MANIPULATIONS YOU DID?

124 A:

YES.

125 Q:

NOW, WHEN YOU SAY LABEL THE TEST TUBES, WHAT KIND OF LABEL IS PUT ON THERE?

126 A:

THE SAME NUMBER THAT IS PLACED ON THE COIN ENVELOPES ARE PLACED ONTO THE TEST TUBES.

127 Q:

HOW MANY COIN ENVELOPES DO YOU WORK ON AT A TIME WHEN YOU'RE DOING THIS PROCEDURE?

128 A:

ONLY WORK ON ONE AT A TIME.

129 Q:

OKAY. AND WHAT HAPPENS TO THE CONTROL THAT'S IN -- THAT CORRESPONDS TO THE STAIN IN A PARTICULAR EVIDENCE -- NOT EVIDENCE, BUT COIN ENVELOPE?

130 A:

THE CONTROL IS TREATED IN THE SAME MANNER AND PLACED IN ITS OWN TEST TUBE WITH THE NUMBER AND LETTER SITTING NEXT TO IT DENOTING THAT IT IS THE CONTROL FOR THAT ITEM OF EVIDENCE.

131 Q:

IS IT GENERALLY EASY TO RECOGNIZE THE DIFFERENCE BETWEEN THE CONTROL AND THE STAIN EVEN WITHOUT THE REFERENCE TO THIS LETTER C?

132 A:

YES.

133 Q:

WHY IS THAT?

134 A:

GENERALLY, THE CLOTH SWATCHES THAT ARE -- THAT HAVE THE STAIN ON THEM ARE DARK, RED IN COLOR AND THE CONTROLS ARE NOT RED. THEY'RE EITHER WHITE OR VERY CLOSE TO GRAY OR WHITE.

135 Q:

NOW, LET'S TAKE A LOOK AT THE CELL THAT'S NUMBER 3 ON THIS DIAGRAM, PEOPLE'S 170. MR. FUNG, WHAT IS PORTRAYED IN THIS CELL?

136 A:

ONCE BOTH THE CONTROL AND THE ITEM WITH THE STAINS ON THEM OR THE CLOTH SWATCHES WITH THE STAINS ON THEM ARE TRANSFERRED TO THE TEST TUBES, BOTH THE CONTROL AND THE EVIDENCE IS PLACED BACK INTO THE ORIGINAL COIN ENVELOPES WITH THE OPEN END FACED OUTWARDS AND PLACED INTO A BOX TOP.

137 Q:

I DON'T KNOW HOW GOOD THE RESOLUTION IS ON CELL 3, BUT IF YOU TAKE A CLOSER LOOK AT THAT, CAN YOU SEE HOW MANY TEST TUBES ARE IN THE ENVELOPE THAT'S BEING PLACED DOWN BY THE GLOVE HAND?

138 A:

YES.

139 Q:

HOW MANY IS THAT?

140 A:

THERE ARE TWO.

141 Q:

OKAY. SO ONE WOULD BE FOR THE CONTROL AND ONE WOULD BE FOR THE STAIN?

142 A:

YES.

143 Q:

NOW, IF YOU HAVE MORE THAN ONE -- ONE STAIN CLOTH SWATCH IN A CASE WHERE YOU APPLY SEVERAL IN ORDER TO COLLECT THE STAIN, WHERE DO ALL THOSE GO?

144 A:

ALL THOSE GO WITHIN ONE TEST TUBE.

145 Q:

SO YOU HAVE ONE TEST TUBE THAT HAS ALL OF THE STAINED SWATCHES?

146 A:

YES.

147 Q:

AND ONE TEST TUBE THAT HAS THE CONTROL OR CONTROLS?

148 A:

YES.

149 Q:

WHAT IS THE PURPOSE OF THIS BOX THAT THE ITEM IS BEING PLACED INTO?

150 A:

THE -- THE BOX IS USED FOR STORAGE OF OR A TRANSITORY STORAGE STAGE TO MOVE FROM THE TABLE TO THE DRYING CABINET.

151 Q:

OKAY. NOW, LET'S TAKE A LOOK AT CELL NO. 4 ON PEOPLE'S 170. WHAT DOES THAT SHOW, MR. FUNG?

152 A:

THAT DEPICTS ME PLACING THE BOX WITH THE ITEMS OF EVIDENCE INTO THE DRYING CABINET.

153 Q:

OKAY. AND ON THE 13TH, DID YOU USE THIS SAME PROCEDURE THAT YOU JUST OUTLINED WITH US USING THIS DEMONSTRATION EXHIBIT?

154 A:

YES.

155 Q:

ALL RIGHT. THANK YOU. WE CAN TAKE THE BOARD DOWN. NOW, AFTER THESE ITEMS ARE PLACED IN THE STORAGE CABINET FOR DRYING, WHAT DID YOU DO?

156 A:

THAT NIGHT, AFTER THE SAMPLES WERE PREPARED FOR DRYING, I WENT BACK TO NORTHEAST STATION WHERE MY CAR WAS.

157 Q:

DID SOMEONE HAVE TO DRIVE YOU THERE?

158 A:

YES.

159 Q:

WHO WAS THAT?

160 A:

THAT WAS CRIMINALIST MAZZOLA.

161 Q:

DO YOU KNOW APPROXIMATELY HOW LONG THIS DRYING PROCESS OCCURRED BEFORE MISS MAZZOLA DROVE YOU BACK TO NORTHEAST STATION?

162 A:

NOT MORE THAN 10, 10 MINUTES.

163 Q:

NOW, SIR, ON JUNE THE 14TH OF 1994 AT APPROXIMATELY 8:30 IN THE MORNING, DID YOU RECEIVE ANOTHER PIECE OF EVIDENCE FROM SOMEONE?

164 A:

YES, I DID.

165 Q:

AND WHO WAS THAT? IF YOU HAVE TO REFER TO SOMETHING, TELL US WHAT YOU'RE LOOKING AT.

166 A:

I'M REFERRING TO MY PROPERTY REPORTS, AND THE PROPERTY REPORT IS DATED JUNE 15TH, 1994.

167 Q:

OKAY. WHAT WAS IT THAT YOU RECEIVED AT 8:30 ON THE 14TH?

168 A:

I RECEIVED A PAIR OF WHITE ATHLETIC SHOES.

169 Q:

FROM WHOM WAS THAT?

170 A:

THAT WAS FROM DETECTIVE LANGE.

171 Q:

OKAY. NOW, THAT MORNING, DID YOU HAVE TO GO THROUGH ANY PROCEDURE WITH RESPECT TO THE SWATCHES AND CONTROLS THAT HAVE BEEN PLACED IN THE DRYING CABINET?

172 A:

YES.

173 Q:

AND WHAT PROCEDURE DID YOU HAVE TO GO THROUGH?

174 A:

I HAD TO PREPARE THE SAMPLES OF THE CLOTH SWATCHES THAT I HAD DRIED OVERNIGHT FOR FINAL BOOKING.

175 MR. GOLDBERG:

YOUR HONOR, AT THIS TIME, I WOULD LIKE TO MARK ANOTHER DEMONSTRATION BOARD. IT WILL BE PEOPLE'S 171 AND IT'S A BOARD ENTITLED "EVIDENCE PACKAGING DEMONSTRATION."

176 THE COURT:

ALL RIGHT. PEOPLE'S 171

177 (PEO'S 171 FOR ID = POSTERBOARD)
178 Q:

BY MR. GOLDBERG: NOW, SIR, WHEN YOU WENT THROUGH THIS EVIDENCE PACKAGING PROCEDURE, DID YOU DO THIS ALONE OR DID MISS MAZZOLA ALSO ASSIST YOU WITH THIS ON THE 13TH -- ON THE 14TH RATHER?

179 A:

MISS MAZZOLA MAY HAVE BEEN PRESENT, BUT I'M NOT ABSOLUTELY SURE.

180 Q:

OKAY. AND DIRECTING YOUR ATTENTION NOW TO THE BOARD THAT'S BEEN MARKED AS PEOPLE'S 171, DOES THIS DEPICT MOST OF THE MAJOR STEPS THAT ARE INVOLVED IN PACKAGING EVIDENCE UP ONCE IT'S BEEN DRIED?

181 A:

YES, IT DOES.

182 Q:

OKAY. CAN WE LOOK AT CELL NO. 1 ON THIS PHOTOGRAPH? SIR, CAN YOU DESCRIBE FOR US WHAT'S DEPICTED IN CELL NO. 1?

183 A:

YES. USING A DISPOSABLE PIPETTE, I MANIPULATED THE CLOTH SWATCHES SO THAT THEY WILL FALL FROM THE TEST TUBE ONTO A CLEAN SHEET OF PAPER.

184 MR. GOLDBERG:

YOUR HONOR, AT THIS TIME, I HAVE ANOTHER ITEM I WOULD LIKE TO MARK AS PEOPLE'S 163-F FOR IDENTIFICATION, AND IT'S SOME WHAT APPEAR TO BE GLASS PIPETTES.

185 THE COURT:

ALL RIGHT. 163-F.

186 MR. GOLDBERG:

UNFORTUNATELY, THEY'RE BOTH TAPED TOGETHER WITH THE EVIDENCE TAGS. IS IT POSSIBLE FOR ME TO BREAK THE TAG SO WE CAN --

187 THE COURT:

YES.

188 MR. GOLDBERG:

THANK YOU.

189 THE COURT:

JUST AS LONG AS YOU DESCRIBE FOR THE RECORD HOW MANY ARE THERE AND --

190 MR. GOLDBERG:

WELL, THERE'S TWO OF THEM AND THEY'RE TAPED TOGETHER WITH AN EVIDENCE TAG.

191 THE COURT:

ALL RIGHT. WHY DON'T YOU LEAVE THE EVIDENCE TAG ON THE SINGLE --

192 MR. GOLDBERG:

I DID.

193 THE COURT:

THANK YOU.

194 Q:

BY MR. GOLDBERG: SIR, I'M SHOWING YOU WHAT WE'VE JUST MARKED AS 163-F FOR IDENTIFICATION. WHAT IS THAT?

195 A:

THAT'S A DISPOSABLE GLASS PIPETTE.

196 Q:

OKAY. I'M GOING TO GIVE YOU BACK THE LITTLE TEST TUBE THAT WE WERE WORKING WITH THAT'S 163-G FOR IDENTIFICATION. AND CAN YOU JUST SHOW US AS IF THERE HAD BEEN A SWATCH IN THERE WHAT MANIPULATION IS SHOWN HERE IN THE PHOTOGRAPH THAT YOU'RE DOING?

197 A:

SOMETIMES WHEN THE SWATCH WITH THE STAIN ON IT DRIES, IT DRIES TO THE SIDE OF THE TEST TUBE AND IT STICKS THERE. SO I'LL TAKE THE PIPETTE, WORK THE SWATCH FREE AND THEN TURN IT OVER ONTO THE PAPER SO THE SWATCH WILL FALL ONTO THE PIECE OF PAPER.

198 Q:

AND WHAT DO YOU CALL THE PIECE OF PAPER THAT YOU'RE PUTTING THE SWATCHES ON AS DEPICTED IN CELL 1?

199 A:

ONCE I FOLD IT UP, IT'S CALLED A BINDLE.

200 Q:

SO DO YOU ALWAYS HAVE TO USE A GLASS PIPETTE IN ORDER TO DO THIS MANIPULATION OR IS IT JUST NECESSARY SOME OF THE TIME?

201 A:

JUST SOME OF THE TIME.

202 Q:

ALL RIGHT. AND IF YOU DON'T HAVE TO USE THE GLASS PIPETTE, HOW WOULD YOU DO IT?

203 A:

I WOULD TURN THE TEST TUBE UPSIDE DOWN ONTO THE PAPER AND SOMETIMES IT JUST FALLS RIGHT OUT.

204 Q:

AND THEN YOU FOLD UP THE SPINDLE IN THE WAY THAT YOU DESCRIBE?

205 A:

YES.

206 Q:

NOW, IF WE COULD SEE CELL 2 ON THIS EXHIBIT. MR. FUNG, WHAT IS DEPICTED ON CELL 2 OF THE EXHIBIT?

207 A:

ON CELL 2, I AM SHOWING AWAY BOTH THE TEST TUBE THAT CONTAINED THE CLOTH SWATCH AND THE PIPETTE THAT I USED TO REMOVE OR MANIPULATE THE SWATCHES WITHIN THE TEST TUBE.

208 Q:

SO WHEN YOU'RE SAYING YOU THROW IT AWAY, DO YOU USE ONE PIPETTE FOR EACH SAMPLE ON THOSE INSTANCES WHERE YOU HAVE TO USE THE PIPETTE AND THEN THROW IT AWAY OR IS IT THE SAME PIPETTE YOU USE THROUGHOUT THE WHOLE --

209 A:

IT'S A DIFFERENT PIPETTE FOR EACH SAMPLE AND CONTROL.

210 Q:

AND ALL THOSE PIPETTES ARE JUST THROWN OUT?

211 A:

YES.

212 Q:

AND THE TEST TUBES?

213 A:

YES.

214 Q:

OKAY. NOW IF WE COULD SEE CELL 3. SIR, WHAT DOES CELL 3 DEPICT?

215 A:

CELL 3 DEPICTS ME FOLDING THE PAPER UP SO THAT THE SWATCHES ARE SECURE WITHIN THAT PIECE OF PAPER.

216 Q:

SO WOULD THAT PIECE OF PAPER BE THE SAME ONE THAT YOU HAD PLACED THE SWATCHES INTO ORIGINALLY AS DEPICTED ON CELL 1?

217 A:

YES.

218 Q:

AND NOW IF WE COULD SEE CELL 4. SIR, WHAT DOES CELL 4 DEPICT?

219 A:

THAT DEPICTS TO ME LABELING THE PAPER BINDLE.

220 Q:

AND WHAT DO YOU LABEL IT WITH USUALLY?

221 A:

USUALLY I WILL PLACE MY INITIALS ON IT AND THE ITEM NUMBER OR PHOTO ID NUMBER, WHICHEVER I HAVE AT THAT TIME.

222 Q:

DO YOU DO SOMETHING TO DISTINGUISH BETWEEN THE STAIN AND CONTROL?

223 A:

YES, I DO.

224 Q:

SO IF THIS IS A SINGLE ITEM THAT WE'RE LOOKING AT IN THIS DEMONSTRATION, DO YOU PUT -- YOU PUT THE STAINS IN ONE BINDLE, AND THEN WHAT DO YOU DO WITH THE CONTROLS?

225 A:

WITH THE CONTROLS, I WILL REPEAT THE SAME PROCEDURES STARTING FROM NUMBER 1 AND REPEAT THE SAME PROCEDURES ONLY I WILL LABEL THE PAPER BINDLE WITH A C.

226 Q:

SO IN OTHER WORDS, YOU'RE GOING THROUGH ALL THE STEPS WITH THE STAIN AND THEN YOU'RE GOING THROUGH ALL THE STEPS AGAIN WITH THE CONTROL?

227 A:

YES.

228 Q:

ALL RIGHT. NOW, IF WE COULD SEE CELL 5. WHAT IS DEPICTED IN CELL 5?

229 A:

CELL 5 SHOWS ME PLACING BOTH THE BINDLES IN A COIN ENVELOPE AND PLACING TAPE OVER THE FLAP SO THAT THE ITEM IS SECURE.

230 Q:

AND IS -- WHAT COIN ENVELOPE IS THIS? IS THIS A NEW COIN ENVELOPE?

231 A:

GENERALLY IT'S THE SAME COIN ENVELOPE USED TO PLACE -- USED -- USED FROM THE VERY START WHEN THE PLASTIC BAGS WERE PLACED IN THE --

232 Q:

SO IN OTHER WORDS, IT'S THE SAME COIN ENVELOPE THAT YOU USED AT THE SCENE AND THEN IN THE DRYING PROCESS AND THEN AGAIN IN THE EVIDENCE PACKAGING PROCESS?

233 MR. SCHECK:

OBJECTION. LEADING.

234 THE COURT:

OVERRULED.

235 DENNIS FUNG:

YES.

236 MR. GOLDBERG:

THANK YOU, MR. FUNG. YOU MAY RESUME THE STAND.

237 Q:

BY MR. GOLDBERG: AND IS WHAT WE JUST WENT THROUGH THE DRYING PROCESS THAT WAS USED IN THIS CASE FOR THE ITEMS OF EVIDENCE THAT WERE COLLECTED ON THE 13TH AND THEN ALSO ON THE 3RD OF JULY?

238 A:

YES.

239 Q:

ALL RIGHT. NOW, LATER THAT MORNING, THE MORNING OF THE 14TH, DID YOU HAVE A CONVERSATION WITH OTHER -- ANY OTHER LABORATORY PERSONNEL REGARDING TESTS TO BE PERFORMED ON THE EVIDENCE THAT YOU HAD COLLECTED AT ROCKINGHAM AND BUNDY?

240 A:

YES.

241 Q:

WHO WAS INVOLVED IN THAT CONVERSATION?

242 A:

CRIMINALIST YAMAUCHI AND CRIMINALIST GREG MATHESON.

243 Q:

WHO IS GREG MATHESON?

244 A:

MR. MATHESON IS OR WAS AT THAT TIME THE SUPERVISOR OF SEROLOGY. HE IS NOW A CHIEF FORENSIC CHEMIST.

245 Q:

AND WHAT ABOUT MR. YAMAUCHI? WHAT WAS HIS POSITION IN THE LABORATORY AT THE TIME?

246 A:

MR. YAMAUCHI IS A CRIMINALIST ASSIGNED TO THE SEROLOGY UNIT.

247 Q:

DO YOU RECALL WHERE PHYSICALLY THIS CONVERSATION TOOK PLACE IN THE LABORATORY OR DID IT TAKE PLACE IN MORE THAN ONE PLACE?

248 A:

IT -- I'M NOT EXACTLY SURE WHERE IT TOOK PLACE.

249 Q:

OKAY. NOW, DURING THIS CONVERSATION, WAS A DETERMINATION MADE AS TO WHAT ITEMS WERE GOING TO BE TESTED ON THAT PARTICULAR DAY BY MR. YAMAUCHI?

250 A:

IT WAS A GROUP CONSENSUS AND WE ALL CAME TO THE CONCLUSIONS AS TO WHAT ITEMS WOULD BE TESTED.

251 Q:

AND THE THREE OF YOU WERE THE ONLY PARTICIPANTS IN THAT DISCUSSION?

252 A:

YES.

253 Q:

ALL RIGHT. NOW, WHICH ITEMS IF ANY DID -- EXCUSE ME. LET ME ASK ANOTHER QUESTION FIRST. DID YOU SEE MR. YAMAUCHI SAMPLING SOME ITEMS OF THE EVIDENCE THAT MORNING?

254 A:

I REMEMBER HIM SAMPLING EVIDENCE, BUT I DON'T RECALL ON WHICH DAY IT WAS.

255 Q:

OKAY. AND DID YOU MAKE A NOTATION IN YOUR REPORT AS TO WHAT ITEMS WERE HANDED OVER TO MR. YAMAUCHI ON THE 13TH FOR THE PURPOSES -- EXCUSE ME -- ON THE 14TH FOR THE PURPOSES OF TESTING?

256 A:

YES, I DID.

257 Q:

CAN YOU TELL US WHICH PAGE YOU'RE GOING TO HAVE TO REFER TO IN ORDER TO GIVE US THAT INFORMATION?

258 A:

THERE IS A PAGE -- IT DOESN'T HAVE A DATE OR ANYTHING ON IT. WELL, IT DOES HAVE ONE DATE ON IT, 6-14-94 AND THE TOP OF IT IS LABELED "FIELD NOTES."

259 Q:

OKAY. WHAT ITEMS DID YOU GIVE TO MR. YAMAUCHI; AND IF YOU WILL, CAN YOU GIVE US THE ITEM NUMBERS AS WELL AS THE PHOTO NUMBERS?

260 A:

THE ITEMS I GAVE TO CRIMINALIST YAMAU -- OR THE ITEMS THAT CRIMINALIST YAMAUCHI SAMPLED THAT DAY WERE ITEM 9, 41, WHICH WAS PHOTO ID NO. 106, ITEM 42, WHICH WAS PHOTO ID NO. 107, ITEM 47, WHICH WAS PHOTO ID NO. 112, ITEM 48, WHICH WAS PHOTO ID NO. 113, ITEM 49, PHOTO ID NO. 114, ITEM 50, PHOTO ID NO. 115, THAT'S 115, AND ITEM 52, WHICH WAS PHOTO ID NO. 117.

261 Q:

NOW, DO YOU RECALL WHY IT WAS THAT YOU DECIDED TO GIVE HIM ITEM 41 AND 42? I THINK THOSE WERE THE REFERENCE SAMPLES THAT YOU TESTIFIED TO YESTERDAY.

262 A:

THOSE WERE GIVEN TO HIM TO -- FOR THE TESTING PROCEDURE BECAUSE WE HAD NOT YET OBTAINED REFERENCE SAMPLES FROM THE CORONER'S OFFICE.

263 Q:

YOU MEAN FROM THE VICTIMS?

264 A:

YES.

265 Q:

ALL RIGHT. SO FOR WHAT PURPOSE THEN WOULD YOU BE GIVING HIM, IF YOU CAN CLARIFY, 41 AND 42?

266 A:

41 AND 42 WERE GIVEN TO HIM SO THAT HE COULD IDENTIFY WHAT TYPES THE VICTIMS WERE AND DETERMINE IF ANY ADDITIONAL BLOODSTAINS FOUND AT THE CRIME SCENE WERE FROM A THIRD PARTY OR MORE.

267 Q:

DID YOU SAY THAT WAS BECAUSE YOU DID NOT HAVE THE SAMPLES FROM THE CORONER YET REPRESENTING RONALD GOLDMAN AND NICOLE BROWN?

268 A:

NOT AT THAT TIME.

269 Q:

OKAY. NOW, I KNOW WE TALKED ABOUT THIS A LITTLE YESTERDAY, BUT DID YOU SAY THAT THESE ITEMS WERE TAKEN AS REFERENCE SAMPLES AT THE TIME THAT THEY WERE COLLECTED?

270 A:

YES.

271 Q:

AND WHY IS IT, IF YOU KNOW YOU'RE GOING TO GET BLOOD EVENTUALLY FROM THE CORONER, WHY WOULD YOU BOTHER TAKING A REFERENCE SAMPLE AT THE SCENE?

272 A:

THERE ARE TIMES WHEN THE REFERENCE SAMPLES OBTAINED FROM THE CORONERS ARE SOMEWHAT DEGRADED AND MANY TIMES THE BLOOD AT THE SCENE WHICH HAS BEEN ABLE TO DRY QUICKLY IS A BETTER SAMPLE OR -- YES, A BETTER SAMPLE OF THE VICTIM'S BLOOD TYPES.

273 Q:

WELL, WHAT DOES DRYING QUICKLY HAVE TO DO WITH IT?

274 A:

WHEN A -- WHEN BLOOD OR FOR ANY MATTER BIOLOGICAL EVIDENCE IS IN A WET STATE, IT WILL DEGRADE FASTER THAN WHEN IT IS DRY.

275 Q:

OKAY. AND WITH RESPECT TO ITEM 42, THE ITEM THAT WAS COLLECTED AT THE BASE OF THE FIRST SET OF STAIRS, WHAT WAS THE CONDITION OF THAT POOL OF BLOOD IN THE AREA WHERE IT WAS COLLECTED FROM?

276 A:

THE POOL WAS SOMEWHAT TACKY. IT WAS SOMEWHAT WET STILL. IT WAS NOT COMPLETELY DRY.

277 Q:

OKAY. AT THE TIME THAT IT WAS COLLECTED?

278 A:

YES.

279 Q:

NOW, AT APPROXIMATELY 10:30 OR SO IN THE MORNING OF THE 14TH, DID YOU GO TO SOME OTHER LOCATION FOR THE PURPOSES OF COLLECTING EVIDENCE?

280 A:

YES.

281 Q:

AND WHERE WAS THAT?

282 A:

THAT WAS AT THE LAPD PRINT SHED.

283 Q:

AND WHERE IS THE LAPD PRINT SHED LOCATED?

284 A:

THAT WOULD BE 151 NORTH SAN PEDRO STREET.

285 Q:

SO IT'S IN DOWNTOWN LOS ANGELES?

286 A:

IT'S ACROSS THE STREET FROM PARKER CENTER.

287 Q:

ALL RIGHT. WHEN YOU WENT TO THAT LOCATION, DID YOU HAVE TO GET INTO THE PRINT SHED OR WAS IT ALREADY OPENED?

288 A:

I UNLOCKED IT.

289 Q:

HOW DID YOU UNLOCK IT?

290 A:

I HAD A KEY.

291 Q:

ALL RIGHT. AND WHAT DID YOU SEE IN THE PRINT SHED WHEN YOU UNLOCKED IT?

292 A:

THERE WAS A WHITE BRONCO IN THE PRINT SHED.

293 Q:

HAD YOU SEEN THAT WHITE BRONCO BEFORE?

294 A:

YES.

295 Q:

AND WHERE HAD YOU SEEN IT BEFORE?

296 A:

I HAD SEEN IT THE DAY BEFORE AT 360 NORTH ROCKINGHAM.

297 Q:

WHAT WAS THE LICENSE PLATE OF THAT VEHICLE, MR. FUNG?

298 A:

REFERRING TO MY VEHICLE SEARCH CHECKLIST, THAT WOULD BE 3, C AS IN CHARLES, W AS IN WILLIAM, Z AS IN ZEBRA 788.

299 Q:

WHEN YOU GOT INTO THE PRINT SHED AND SAW THE VEHICLE, DID YOU TRY TO GET IN SOMEHOW?

300 A:

I HAD TO -- OR A DETECTIVE FROM BURGLARY AUTO DIVISION WAS REQUESTED TO HELP US UNLOCK THE DOOR.

301 Q:

DID YOU HAVE A KEY TO THE VEHICLE AT THAT TIME?

302 A:

NO.

303 Q:

THAT WAS LOCKED WHEN YOU FIRST SAW IT?

304 A:

YES.

305 Q:

WAS IT ALSO LOCKED AT THE SCENE WHEN YOU HAD SEEN IT ON THE 13TH?

306 A:

YES.

307 Q:

ALL RIGHT. HOW WAS IT THAT THIS DETECTIVE HELPED YOU GET IN THE VEHICLE?

308 A:

HE HAD A DEVICE WHICH IS KNOWN AS A SLIM JIM AND HE WAS ABLE TO UNLOCK THE CAR DOOR.

KEY QUOTE
309 Q:

ALL RIGHT. NOW, WHEN YOU WERE AT THIS LOCATION, DID YOU GO ALONE OR WAS ANOTHER CRIMINALIST WITH YOU?

310 A:

CRIMINALIST MAZZOLA WAS WITH ME.

311 Q:

DID YOU COLLECT SOME STAINS FROM THE BRONCO ON THIS DATE, THE 14TH?

312 A:

YES, I DID.

313 Q:

AND WHEN YOU COLLECTED THOSE, DID YOU DO THAT PERSONALLY OR DID MISS MAZZOLA ALSO COLLECT SOME STAINS?

314 A:

I COLLECTED THEM PERSONALLY.

315 Q:

ALL RIGHT.

316 MR. GOLDBERG:

YOUR HONOR, AT THIS TIME, I WOULD LIKE TO MARK AS MY NEXT EXHIBIT A BOARD THAT SAYS "BRONCO BOARD" I BELIEVE AS 172 FOR IDENTIFICATION.

317 THE COURT:

172, BRONCO BOARD.

318 (PEO'S 172 FOR ID = BRONCO BOARD)
319 Q:

BY MR. GOLDBERG: BEFORE WE GET INTO THE BOARD, I JUST WANTED TO ASK YOU A COUPLE OTHER QUESTIONS. WHEN YOU GOT TO THE PRINT SHED, THIS WAS ON THE 14TH?

320 A:

JUNE 14TH, YES.

321 Q:

AND WAS THAT THE DAY THAT THE DETECTIVE OPENED UP THE LOCKED BRONCO WITH THE SLIM JIM?

322 A:

YES.

323 Q:

OKAY. NOW, HAVE YOU HAD THE OPPORTUNITY TO LOOK AT THE BOARD THAT WE JUST PUT UP, PEOPLE'S 172 FOR IDENTIFICATION ENTITLED "BRONCO EVIDENCE"?

324 A:

YES.

325 Q:

ALL RIGHT. AND DOES THIS DEPICT VARIOUS ITEMS OF EVIDENCE THAT YOU COLLECTED ON THE 14TH?

326 A:

YES.

327 Q:

DOES IT ALSO DEPICT SOME ITEMS OF EVIDENCE THAT WERE COLLECTED LATER ON BY SOMEONE OTHER THAN YOURSELF?

328 A:

YES, IT DOES.

329 Q:

ALL RIGHT. PERHAPS WE'LL JUST GO AROUND CLOCKWISE STARTING WITH THE PHOTO THAT CONTAINS ITEM 34. OKAY. UNFORTUNATELY, WE'RE NOT GOING TO BE ABLE TO PUT IT UP THERE. BUT DIRECTING YOUR ATTENTION, SIR, TO ITEM 34 FOR IDENTIFICATION, I MEAN ITEM 34 WITH THE CARD, WHAT DOES THAT DEPICT?

330 A:

THAT DEPICTS A STAIN WHICH WAS NEXT TO THE CAR, SEE IT RIGHT HERE (INDICATING).

331 Q:

IS THAT ON THE INSIDE OF THE CAR?

332 A:

YES, IT IS. IT'S ON THE DRIVER WALL.

333 Q:

ALL RIGHT. AND DOES THE CALL OUT LINE THAT HAS LINE 34 ON IT DEPICT THE GENERAL LOCATION OF THAT STAIN?

334 A:

YES.

335 Q:

IT WOULD BE ON THE -- ON A PORTION THAT WE CAN'T SEE ON THE SKETCH?

336 A:

YES.

337 Q:

ALL RIGHT.

338 MR. GOLDBERG:

I'M NOT SURE THAT ALL THE JURORS CAN SEE THE BOARD, YOUR HONOR. PERHAPS WE CAN JUST READJUST IT A LITTLE BIT.

339 THE COURT:

CERTAINLY.

340 MR. GOLDBERG:

YOUR HONOR, PERHAPS WE CAN MOVE THIS IN A FASHION THAT'S A LITTLE BIT MORE CENTERED WITH THE COURT'S PERMISSION.

341 Q:

BY MR. GOLDBERG: NOW, SIR, DIRECTING YOUR ATTENTION TO THE CELL THAT HAS THE CALL OUT LINE NO. 23 ON IT, WHAT IS PORTRAYED IN THAT CALL OUT LINE AND PHOTO?

342 A:

IN THE PHOTOGRAPH, THERE IS A RED STAIN IN THE HANDLE WELL.

343 Q:

OKAY. AND DOES THE CALL OUT LINE DEPICT THE GENERAL VICINITY OF THAT STAIN?

344 A:

YES.

345 Q:

NOW, WITH RESPECT TO THESE TWO STAINS, 34 AND 23, HOW DID YOU COLLECT THEM? WHAT TECHNIQUE DID YOU USE?

346 A:

THOSE WERE COLLECTED USING THE SAME METHOD PREVIOUSLY DEMONSTRATED.

347 Q:

THE CLOTH SWATCH TECHNIQUE?

348 A:

YES.

349 Q:

ALL RIGHT. NOW, DIRECTING YOUR ATTENTION TO WHAT'S BEEN MARKED HERE WITH THE PHOTOGRAPH 33 AND THE CALL OUT LINE, WHAT DOES THAT SHOW?

350 A:

YOU WANT ME TO REFER TO MY NOTES? 33 DEPICTS THE DRIVER FLOOR CARPET.

351 Q:

SO IT'S THE CARPET ITSELF?

352 A:

YES.

353 Q:

AND WHAT DID YOU DO TO COLLECT THAT?

354 A:

I CUT IT OUT OF THE VEHICLE.

355 Q:

ALL RIGHT. WERE THERE STAINS ON THAT THAT WERE APPARENT TO YOU WHEN YOU LOOKED AT IT ON THE 14TH?

356 A:

YES.

357 Q:

ALL RIGHT. NOW, MOVING TO THE CALL OUT LINE THAT'S NO. 24 AND THE CORRESPONDING PHOTOGRAPH, WHAT'S DEPICTED THERE?

358 A:

THIS DEPICTS A STAIN THAT WAS ON THE INSTRUMENT PANEL AND ITS RELATIVE LOCATION IS DEPICTED BY THE CALL OUT.

359 Q:

WHAT TECHNIQUE WAS USED TO COLLECT THAT STAIN?

360 A:

THE CLOTH SWATCH METHOD WAS USED.

361 Q:

AND 33, IS THAT ANOTHER PHOTOGRAPH THAT APPEARS TO DEPICT THE AREA OF THE CARPET?

362 A:

YES.

363 Q:

AND NOW MOVING NEXT TO 33 WITH THE CALL OUT LINE NO. 29, WHAT DOES THAT PHOTOGRAPH AND CALL OUT LINE DEPICT?

364 A:

29 WAS A STAIN REMOVED FROM THE 7:00 O'CLOCK POSITION OF THE STEERING WHEEL.

365 Q:

WHAT TECHNIQUE WAS USED?

366 A:

THE CLOTH SWATCH METHOD.

367 Q:

AND NOW DIRECTING YOUR ATTENTION TO THE PHOTOGRAPH DEPICTS BOTH 31 AND 30 IN THE CALL OUT LINES, WHAT IS SHOWN THERE?

368 A:

THERE ARE TWO STAINS ON THE CENTER CONSOLE AND THEY'RE DEPICTED AND SHOWN BY THE CALL OUT LINES.

369 Q:

NOW, DID YOU REMOVE THE CONSOLE ITSELF FROM THE VEHICLE OR WAS THAT DONE BY SOMEONE ELSE?

370 A:

THAT WAS DONE BY SOMEBODY ELSE.

371 Q:

AND LOOKING AT THE PHOTOGRAPH THAT'S DEPICTED AT THE BOTTOM OF THE CHART ON THE RIGHT-HAND SIDE THAT HAS NUMBERS 304, 305 AND 206 IN IT, DID YOU PUT THOSE NUMBERS THERE OR DID SOMEONE ELSE DO IT?

372 A:

SOMEBODY ELSE DID THAT.

373 Q:

DO YOU RECOGNIZE THE ITEM THAT'S PORTRAYED IN THAT PHOTOGRAPH?

374 A:

THE CENTER CONSOLE?

375 Q:

YES.

376 A:

YES.

377 Q:

HOW DO YOU RECOGNIZE IT?

378 A:

THE SAME GENERAL STAINS ARE PRESENT.

379 Q:

ALL RIGHT. DOES THAT LOOK THE SAME AS IT DID ON THE 14TH WITH THE EXCEPTION THAT IT'S BEEN REMOVED FROM THE VEHICLE?

380 A:

GENERALLY, YES.

381 Q:

AND ALSO, THE PHOTOGRAPH NEXT TO THAT DEPICTS 293, IS THAT ONE THAT YOU DID OR IS THAT SOMETHING THAT HAPPENED AT A LATER TIME?

382 A:

THAT HAPPENED AT A LATER TIME.

383 Q:

OKAY. AND FINALLY, THE PHOTOGRAPH NEXT TO IT SHOWING THE CALL OUT LINE NO. 25.

384 A:

25 WAS A -- I'LL CHECK MY NOTES AGAIN. NO. 25 WAS FIBERS WITH RED STAINS ON THE CARPET.

385 Q:

WHAT TECHNIQUE DID YOU USE TO COLLECT THOSE STAINS?

386 A:

I CUT THE FIBERS THAT HAD THE STAINS ON THEM FROM THE CARPET.

387 Q:

OKAY. AND DOES THE CALL OUT LINE THERE DEPICT GENERALLY THE LOCATION IN THE CARPET, WHERE IT WAS FOUND?

388 A:

YES.

389 MR. GOLDBERG:

YOUR HONOR, PERHAPS WE MIGHT BE ABLE TO MOVE THIS. I'M FINISHED WITH IT NOW, BUT JUST SO THE JURORS CAN SEE SOMEHOW.

390 THE COURT:

ALL RIGHT. MR. FAIRTLOUGH, YOU WANT TO SHOW 1492, THE EXHIBIT?

391 (BRIEF PAUSE.)
392 THE COURT:

ALSO, MR. FAIRTLOUGH, WOULD YOU BRIEFLY SHOW IT TO OUR AUDIENCE. ALL RIGHT. WE'LL TAKE OUR RECESS FOR THE LUNCH HOUR. LADIES AND GENTLEMEN, PLEASE REMEMBER MY ADMONITIONS TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DON'T ALLOW ANYBODY TO TALK TO YOU ABOUT THE CASE, DO NOT CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU. SEE YOU BACK HERE AT 1:30. MR. FUNG, YOU MAY STEP DOWN. YOU ARE ORDERED TO RETURN AT 1:30. THANK YOU, SIR.

393 DENNIS FUNG:

THANK YOU.

394 (AT 12:05 P.M., THE NOON RECESS WAS TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)

Temperature

procedural

Key Quotes (4)

Dennis Fung
IN THE MORNING, THE STAIN WAS A REDDISH COLOR, AND WHEN I RETURNED IN THE AFTERNOON, IT WAS A DARK BROWN COLOR.
Fung establishes that stain no. 8 at Rockingham visibly aged between morning and afternoon visits, consistent with fresh blood drying — relevant to timing arguments about when blood was deposited.
Dennis Fung
I DID NOT PERSONALLY SEE STAINS 7 AND 8 COLLECTED.
Fung admits he did not personally witness the collection of two Rockingham blood stains, a gap the defense would later exploit to suggest mishandling or planting.
Dennis Fung
I REFERRED TO A CRIME SCENE CHECKLIST AND I ALSO HAVE SOME OTHER NOTES THAT I HAVE CREATED FOR EASIER TESTIMONY IN MY NOTEBOOK.
Fung reveals he created supplemental notes specifically to aid his testimony, a potential credibility issue the defense could use to suggest reconstruction after the fact.
Dennis Fung
HE HAD A DEVICE WHICH IS KNOWN AS A SLIM JIM AND HE WAS ABLE TO UNLOCK THE CAR DOOR.
Documents the chain of custody for access to the locked Bronco — a detective from Burglary Auto unlocked it, not criminalists, relevant to evidence integrity arguments.

Evidence (9)

People's 169
Diagram: 'Rockingham Interior Biological Evidence' — showed locations of items 12 (foyer stains), 13 (socks), and 14 (master bathroom stain with phenolphthalein test result)
introduced and discussed
People's 170
Posterboard: 'Evidence Drying Demonstration' — four-cell photographic demonstration of transferring cloth swatches from plastic baggies into test tubes and placing them in the drying cabinet
introduced and discussed
People's 163-G
Disposable test tube used in evidence processing demonstration
introduced
People's 163-F
Disposable glass pipettes (two, taped together with evidence tag) used to loosen dried swatches from test tubes
introduced
People's 171
Posterboard: 'Evidence Packaging Demonstration' — five-cell photographic demonstration of drying, bindle-folding, labeling, and sealing swatches into coin envelopes
introduced and discussed
People's 172
Bronco Board: diagram and photographs of bloodstain evidence collected from OJ Simpson's white Ford Bronco (license 3CWZ788) at the LAPD print shed on June 14, 1994 — items 23, 24, 25, 29, 30, 31, 33, 34
introduced and discussed
+ 3 more

Notable Exchanges (3)

Barry ScheckLance A. ItoDennis Fung
Scheck interrupted to request inspection of the notes Fung was using to refresh his recollection. Ito allowed it but admonished Scheck not to turn it into a private conference.
strategic
Hank GoldbergDennis Fung
Goldberg walked Fung through the complete chain-of-custody process — from cloth swatch collection at the scene through drying, packaging, and final booking — using three demonstration boards and physical props. Fung confirmed he personally did all swatch manipulations while Mazzola labeled.
methodical
Hank GoldbergDennis Fung
Fung explained why scene reference blood samples (items 41/42) were used before coroner samples arrived — dried blood degrades slower than wet, potentially providing better DNA source than autopsy samples.
revealing

Light Moments (1)

Lance A. Ito
As the large Rockingham diagram (People's 169) was brought in, Judge Ito quipped: 'It's a good thing there's no wind in this place.'

Credibility Attacks (2)

⚔ Dennis Fung
prior omission / gaps in personal observation
Fung admitted he did not personally witness the collection of stains 7 and 8 at Rockingham, and did not personally see stain 52 collected at Bundy — laying groundwork for defense arguments about unwitnessed handling.
⚔ Dennis Fung
witness-prepared notes
Fung disclosed that in addition to official crime scene checklists and property reports, he had created separate notes 'for easier testimony' — Scheck immediately requested to inspect them, signaling a planned challenge to whether his recollections were genuine or reconstructed.

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 5588 • 394 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 APR 4, 1995 📄 Direct examination of Dennis F
APR 4, 1995 KRT DvH TD