Prosecutor Hank Goldberg continues his direct examination of criminalist Dennis Fung, walking through the chain of custody for physical evidence on June 14th, 15th, and 16th, 1994. Fung describes receiving the victims' reference blood vials from criminalist Yamauchi, the items Yamauchi subsequently sampled, and the eventual booking of all evidence into SID property. The proceeding opens with Judge Ito instructing the jury to disregard two items inadvertently displayed on the evidence screen.
# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:) # 2 THE COURT: THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. LET THE RECORD REFLECT THAT WE HAVE BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL AGAIN. LADIES AND GENTLEMEN, THE REASON FOR OUR BRIEF RECESS IS THAT THE EXHIBIT THAT WAS ON THE EVIDENCE DISPLAY SYSTEM, PEOPLE'S NO. 175, MADE REFERENCE TO TWO ITEMS THAT THE COURT HAS PREVIOUSLY DEEMED TO BE IRRELEVANT AND THAT THE PARTIES HAD AGREED NOT TO PRESENT TO YOU. AND THAT EXHIBIT WAS SHOWN TO YOU BY MISTAKE AND YOU WILL NOT BE SHOWN THAT EXHIBIT UNTIL IT HAS BEEN CORRECTED TO DELETE MENTION OF THOSE TWO ITEMS. I KNOW THAT YOU ARE VERY DILIGENT JURORS AND I SAW YOU LOOKING UP AND READING THE ITEMS. YOU ARE TO DISREGARD THE MENTION AS TO ITEMS 15 AND 16, IF YOU WROTE IT DOWN, READ IT OR RECOLLECT IT. YOU ARE TO DISREGARD MENTION OF THOSE TWO ITEMS. PROCEED. AND I MIGHT ADD, YOU ARE NOT TO SPECULATE AS TO WHAT THOSE ITEMS WERE.
# 3 Q: BY MR. GOLDBERG: OKAY. SO AT ANY RATE, MR. FUNG, DID YOU MAKE A DECISION THEN TO ASSIGN ITEM NO. 17 TO THE BLOOD VIAL?
# 5 Q: AND DID YOU THEN MAKE A DECISION TO ASSIGN NO. 18 TO A DIFFERENT ITEM?
# 7 Q: AND WHAT ITEM WAS THAT?
# 8 A: THAT WAS THE PAIR OF TENNIS SHOES I HAD RECEIVED FROM DETECTIVE LANGE.
# 9 Q: NOW, ON THIS DATE, JUNE THE 14TH, APPROXIMATELY HOW LATE WOULD YOU SAY THAT YOU WORKED THERE AT THE SCIENTIFIC INVESTIGATIONS DIVISION?
# 10 A: APPROXIMATELY 7:30.
# 11 Q: OKAY. AND WERE YOU FILLING OUT YOUR PAPERWORK THE WHOLE TIME OR WHAT WERE YOU DOING?
# 12 A: I WAS FILLING OUT PAPERWORK. I MAY HAVE TAKEN A COUPLE BREAKS HERE AND THERE.
# 13 Q: WHERE WERE YOU FILLING OUT THE PAPERWORK? DO YOU KNOW WHAT ROOM?
# 14 A: I WAS DOING THAT IN THE EVIDENCE PROCESSING ROOM.
# 15 Q: THAT IS THE SAME ROOM THAT THE DRYING PROCESS OCCURS IN?
# 17 Q: NOW, DIRECTING YOUR ATTENTION TO THE DATE OF JUNE THE 15TH OF 1994 --
# 19 Q: -- DID YOU GO TO THE SCIENTIFIC INVESTIGATIONS DIVISION?
# 21 Q: AND IS THAT ALSO AT PIPER TECH?
# 23 Q: DID YOU RECEIVE SOME MORE EVIDENCE FROM ANOTHER CRIMINALIST IN THE MORNING OF THAT DATE?
# 25 Q: WHAT DID YOU RECEIVE?
# 26 A: I RECEIVED THE VICTIM'S REFERENCE BLOOD SAMPLE OR BLOOD VIALS.
# 27 Q: YOU MEAN FROM THE CORONER -- THAT PRESUMABLY CAME FROM THE CORONER'S OFFICE?
# 29 Q: WHO GAVE THOSE TO YOU?
# 30 A: THOSE WERE GIVEN TO ME BY CRIMINALIST YAMAUCHI.
# 31 Q: ON THIS DATE ABOUT MR. YAMAUCHI SAMPLED SOME MORE ITEMS AT AROUND TEN O'CLOCK IN THE MORNING?
# 32 MR. SCHECK: OBJECTION, YOUR HONOR.
# 33 THE COURT: SUSTAINED. FOUNDATION.
# 34 Q: BY MR. GOLDBERG: OKAY. SIR, TO YOUR KNOWLEDGE DID MR. YAMAUCHI SAMPLE SOME ITEMS?
# 36 Q: WHERE DID THAT TAKE PLACE?
# 37 A: THAT OCCURRED IN THE EVIDENCE PROCESSING ROOM.
# 38 Q: DID YOU MAKE SOME NOTES REGARDING WHAT MR. YAMAUCHI SAMPLED ON THIS DATE?
# 40 Q: DO YOU RECALL WHETHER YOU HAD A CONVERSATION WITH HIM AS TO WHAT ITEMS SHOULD BE SAMPLED AND TESTED OR HOW DID THAT WORK?
# 41 A: TO THE BEST OF MY RECOLLECTION WE DID DISCUSS WHAT ITEMS WERE MOST RELEVANT TO THE ISSUE AT THAT TIME.
# 42 Q: ALL RIGHT. AND DID YOU -- CAN YOU TELL US, USING THE ITEM NUMBERS, WHICH ITEM NUMBERS MR. YAMAUCHI SAMPLED FROM ON THIS OCCASION?
# 43 A: MR. YAMAUCHI SAMPLED ITEMS 23, 34, 25, 31, 33, 12 AND 14.
KEY QUOTE # 44 MR. SCHECK: EXCUSE ME, YOUR HONOR. CAN I LOOK AT WHAT HE HAS?
# 46 Q: BY MR. GOLDBERG: AFTER THOSE ITEMS WERE SAMPLED, WHAT WERE YOU DOING FOR THE REMAINDER OF THE DAY?
# 49 A: ON THE 15TH I PROCESSED THE BRONCO EVIDENCE AND CONTINUED TO FINISH PROPERTY REPORTS.
# 50 Q: OKAY. DID YOU RETURN TO WORK ON THE 16TH?
# 52 Q: AND WHAT WERE YOU WORKING ON ON THE 16TH?
# 53 A: ON THE 16TH I PREPARED ALL THE EVIDENCE AND COLLECTED IT FOR FINAL BOOKING AND ENTERED THE EVIDENCE INTO SID PROPERTY.
# 54 Q: WHEN YOU ENTERED IT INTO SID PROPERTY, WAS IT IN A SEALED CONDITION?
# 56 Q: AND BY ALL THE EVIDENCE YOU MEAN FROM ROCKINGHAM, THE BRONCO AND BUNDY?
# 58 MR. SCHECK: YOUR HONOR, THAT WOULD -- OBJECT TO THAT AS VAGUE AT THIS POINT.
# 59 THE COURT: SUSTAINED.
# 60 MR. GOLDBERG: I DIDN'T.
# 61 THE COURT: REPHRASE THE QUESTION.
# 62 MR. GOLDBERG: WHICH QUESTION? THE LAST ONE?
# 64 Q: BY MR. GOLDBERG: OKAY. DID THAT INCLUDE THE EVIDENCE FROM BUNDY?
# 70 MR. SCHECK: YOUR HONOR, I STILL OBJECT BECAUSE THAT IS VAGUE AS WELL.
# 71 THE COURT: OVERRULED. OBVIOUSLY ON THE 15TH. THE JURY CAN FIGURE THAT OUT.
KEY QUOTE # 72 MR. GOLDBERG: MAY I JUST HAVE ONE MOMENT, YOUR HONOR, TO LOOK AT MY NOTES?
# 75 Q: BY MR. GOLDBERG: SIR, I'M NOT SURE WHETHER I COVERED THIS, BUT AS TO ITEM NO. 18, THE TENNIS SHOES, WHEN WERE THOSE RECOVERED?
# 76 A: THE TENNIS SHOES WERE RECOVERED ON JUNE 14TH EARLY IN THE MORNING.
# 77 Q: AND WHO DID YOU RECOVER THEM FROM?
# 78 A: ACCORDING TO MY NOTE, DETECTIVE LANGE.
# 79 Q: DO YOU RECALL WHERE THAT WAS?
# 80 A: THAT WAS IN THE SEROLOGY UNIT IN THE CRIME LAB.
# 81 Q: WAS ANYONE ELSE PRESENT OTHER THAN YOU AND MR. LANGE?
# 84 A: CRIMINALIST MATHESON AND CRIMINALIST YAMAUCHI.
# 85 Q: MR. MATHESON, IS HE WHO YOU REFERRED TO PREVIOUSLY AS PRESENTLY THE CHIEF FORENSIC CHEMIST?
# 87 Q: OKAY. AND WAS THERE ALSO AN EVIDENCE NUMBER, ITEM NO. 19, THAT YOU RECOVERED?
# 89 Q: WHEN WAS THAT RECOVERED?
# 90 A: THAT WAS RECOVERED ON JUNE THE 14TH.
# 91 Q: WHERE DID YOU RECOVER IT FROM?
# 92 A: I REMOVED ITEM 19, WHICH IS HAIRS AND FIBERS, FROM THE GLOVE IN ITEM NO. 9.
KEY QUOTE # 93 Q: DID YOU PACKAGE THEM UP IN SOME WAY?
# 96 A: I PLACED THEM IN A -- TO THE BEST OF MY RECOLLECTION, A PAPER BINDLE, AND PUT THEM IN A COIN ENVELOPE AND ASSIGNED THEM ITEM NO. 19 IN THEIR OWN ENVELOPE.