Direct examination of Dennis Fung (part 4)

📄 Direct examination of Dennis Fung (part 4) — 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 3) Sidebar: witness notes and measurements ▶

Witness: Dennis Fung
Examiner: Hank Goldberg
Called by: Prosecution • Date: Tuesday, April 4, 1995 • Utterances: 167

Hank Goldberg walks Dennis Fung through authenticating a series of five LAPD Evidence Disposition Summary posterboards (People's 177-A through 177-E), which use photographs to document the packaging and collection dates for evidence items gathered at both the Bundy and Rockingham scenes. Fung confirms he reviewed each board against his crime scene identification checklists and property reports before testifying. The session concludes with Fung briefly noting he made two return visits to the Bundy scene — once in February with FBI Agent Bodziak to measure shoeprint locations, and once on March 25 with a D.A. investigator.

# 1 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 2 MR. GOLDBERG:

YOUR HONOR, AT THIS TIME I WOULD LIKE TO MARK ANOTHER EXHIBIT. IT WOULD BE PEOPLE'S 177 FOR IDENTIFICATION.

# 3 THE COURT:

177.

# 4 MR. GOLDBERG:

AND IT IS ACTUALLY A SERIES OF FIVE BOARDS CALLED "LAPD EVIDENCE DISPOSITION SUMMARY."

# 5 (BRIEF PAUSE.)

# 6 MR. GOLDBERG:

PERHAPS WE COULD WAIT FOR JUST ONE MOMENT BEFORE I PUT THEM UP TO SEE WHETHER OR NOT --

# 7 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 8 MR. GOLDBERG:

OKAY.

# 9 MR. GOLDBERG:

MAYBE WE COULD PUT UP THE ONE WITH NUMBER "6" AT THE TOP FIRST.

# 10 (BRIEF PAUSE.)

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

# 12 Q:

BY MR. GOLDBERG: MR. FUNG, PERHAPS YOU COULD STEP DOWN FOR A MOMENT AND TAKE A LOOK AT THIS. WE HAVE PUT UP A BOARD THAT HAS BEEN -- YOUR HONOR, MAYBE WE SHOULD MARK THIS, WITH THE COURT'S PERMISSION, 177-A.

# 13 THE COURT:

177-A? THE WHOLE BOARD?

# 14 MR. GOLDBERG:

YES.

# 15 THE COURT:

OKAY.

# 16 (PEO'S 177-A FOR ID = POSTERBOARD)

# 17 Q:

BY MR. GOLDBERG: MR. FUNG, HAVE YOU SEEN THIS BOARD BEFORE?

# 18 A:

YES, I HAVE.

# 19 Q:

AND DID YOU HAVE THE OPPORTUNITY TO CAREFULLY EXAMINE THIS BOARD AND A SERIES OF OTHER BOARDS JUST LIKE THIS ONE?

# 20 A:

YES.

# 21 Q:

ALL RIGHT. NOW, DID YOU HAVE AN OPPORTUNITY TO LOOK AT THE PHOTOGRAPHS IN THE VARIOUS CELLS NEXT TO THE NAMES FUNG AND MAZZOLA?

# 22 A:

YES.

# 23 Q:

AND IN SEVERAL INSTANCES ON THE OTHER BOARD WERE THERE CELLS THAT JUST HAD YOUR NAME IN IT?

# 24 A:

YES.

# 25 Q:

DID YOU ALSO LOOK AT THE CELLS ON ALL THE OTHER BOARDS?

# 26 A:

YES, I DID.

# 27 Q:

NOW, WAS THE RESOLUTION IN THE PHOTOGRAPHS GOOD ENOUGH SO THAT YOU COULD SEE WHAT WAS DEPICTED IN THE PHOTOGRAPH?

# 28 A:

YES.

# 29 Q:

ALL RIGHT. WITH RESPECT TO LET'S JUST START WITH 6, I DON'T THINK WE HAVE TO GO THROUGH ALL OF THEM, BUT WITH RESPECT TO 6, WHAT IS SHOWN IN PHOTOGRAPH -- IN THE CELL "LAPD -- COLLECTED LAPD" AND "6," NEXT TO "FUNG AND MAZZOLA"?

# 30 A:

UP IN THE UPPER RIGHT-HAND CORNER IS THE DR NUMBER. HERE IS THE ITEM NUMBER, (INDICATING), AND HERE IS MY INITIALS.

# 31 Q:

WHAT IS NO. 6, THE ITEM DEPICTED IN THE PHOTOGRAPHS?

# 32 A:

I'M GOING TO REFER TO MY NOTES.

# 33 Q:

WELL, I MEAN IS IT A COIN ENVELOPE?

# 34 A:

YES, IT IS.

# 35 Q:

OKAY. AND IS THAT THE KIND OF COIN ENVELOPE THAT -- THAT IS THE COIN ENVELOPE THAT WOULD HAVE BEEN USED AT ONE OF THE SCENES?

# 36 A:

YES.

# 37 Q:

DO YOU HAVE TO REFER TO YOUR NOTES TO TELL YOU WHICH SCENE IT WAS?

# 38 A:

THAT SCENE -- NO, I DO NOT NEED TO.

# 39 Q:

OKAY. WHICH IS THAT?

# 40 A:

THAT IS FROM THE ROCKINGHAM SCENE.

# 41 Q:

OKAY. DO YOU NEED TO REFER TO YOUR NOTES TO TELL US WHERE AT THE ROCKINGHAM SCENE THIS WAS COLLECTED FROM?

# 42 A:

YES.

# 43 Q:

OKAY. CAN YOU TELL US?

# 44 A:

YES.

# 45 (BRIEF PAUSE.)

# 46 DENNIS FUNG:

THAT WAS -- ITEM NO. 6 WAS RECOVERED FROM THE DRIVEWAY CLOSE TO THE ROCKINGHAM ENTRANCE.

# 47 Q:

BY MR. GOLDBERG: SO IF YOU CAN RECALL BACK TO WHEN WE WERE SHOWING THE FIRST ROCKINGHAM BOARD THAT WE DISCUSSED YESTERDAY, THERE WAS AN ITEM NO. 6?

# 48 A:

YES.

# 49 Q:

DO YOU RECALL THAT?

# 50 (NO AUDIBLE RESPONSE.)

# 51 Q:

WOULD THIS BE THE ENVELOPE INTO WHICH YOU PLACED THAT ITEM NUMBER, ITEM NO. 6?

# 52 A:

YES.

# 53 Q:

ALL RIGHT. NOW, WAS THE DATE THAT YOU DID IT JUNE THE 13TH OF '94?

# 54 A:

THE DATE I COLLECTED IT?

# 55 Q:

YES.

# 56 A:

YES.

# 57 Q:

ALL RIGHT. NOW, WHEN YOU WENT THROUGH THIS BOARD PREVIOUS TO YOUR TESTIMONY, DID YOU CHECK THE DATES AND THE PHOTOGRAPH NUMBER USING YOUR CRIME SCENE IDENTIFICATION LIST, JUST AS DID YOU A FEW MOMENTS AGO WITH NO. 6?

# 58 A:

THAT AND MY PROPERTY REPORTS, YES.

# 59 Q:

OKAY. AND WAS THIS AN ACCURATE SUMMARY OF THAT INFORMATION?

# 60 A:

YES.

# 61 Q:

AND THE CRIME SCENE IDENTIFICATION -- THE CRIME SCENE IDENTIFICATION CHECKLIST, IS THAT A DOCUMENT THAT IS MADE IN THE ORDINARY COARSE OF THE CRIME LABORATORY'S BUSINESS WHEN YOU ARE COLLECTING STAINS FROM A SCENE?

# 62 A:

YES.

# 63 Q:

RATHER, EVIDENCE?

# 64 A:

YES.

# 65 Q:

AND THE PROPERTY REPORTS, ARE THOSE ALSO STANDARD BUSINESS RECORDS THAT ARE USED AT LOS ANGELES POLICE DEPARTMENT?

# 66 A:

YES.

# 67 Q:

NOW, WHEN YOU WENT DOWN THIS PARTICULAR BOARD, DID YOU SEE THE PACKAGING INTO WHICH YOU PLACED THE ITEMS THAT WERE COLLECTED ACCURATELY PORTRAYED IN THE PICTURES?

# 68 A:

YES.

# 69 Q:

NEXT TO YOUR NAME OR YOUR NAME AND MISS MAZZOLA'S NAME?

# 70 A:

YES.

# 71 Q:

AND DID THE PICTURES ACCURATELY PORTRAY THAT PACKAGING?

# 72 A:

YES.

# 73 Q:

HOW DO YOU RECOGNIZE THE PACKAGING IN EACH INSTANCE?

# 74 A:

IN THE PHOTOGRAPHS THERE IS EITHER MY INITIALS OR CRIMINALIST MAZZOLA'S INITIALS OR SOME OTHER IDENTIFYING CHARACTERISTICS, SUCH AS A CORONER'S CASE NUMBER, THAT WOULD BE UNIQUE TO THAT ITEM.

KEY QUOTE

# 75 Q:

DO YOU ALSO LOOK FOR THE DR NUMBERS?

# 76 A:

YES.

# 77 Q:

ALL RIGHT. DID YOU DO THE SAME THING FOR ALL THE OTHER BOARDS IN THIS SERIES?

# 78 A:

YES.

# 79 MR. GOLDBERG:

YOUR HONOR, I WOULD LIKE TO PUT UP THE OTHER BOARDS, BUT I JUST NEED TO GET THE WITNESS TO AUTHENTICATE THEM, SO I'M NOT SURE WHETHER WE NEED TO PHYSICALLY DRAG THEM OVER HERE OR NOT. WAS THE COURT PLANNING ON TAKING ITS RECESS FAIRLY SHORTLY?

# 80 THE COURT:

THREE O'CLOCK.

# 81 MR. GOLDBERG:

OKAY. ALL RIGHT.

# 82 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 83 THE COURT:

IF YOU JUST NEED A MOMENT TO RECYCLE YOUR EXHIBITS, GO AHEAD.

# 84 MR. GOLDBERG:

OKAY.

# 85 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 86 MR. GOLDBERG:

AS PEOPLE'S 177-B I HAVE A SIMILAR BOARD AND THIS HAS ITEMS 25 THROUGH 44.

# 87 THE COURT:

ALL RIGHT. 177-B.

# 88 (PEO'S 177-B FOR ID = POSTERBOARD)

# 89 Q:

BY MR. GOLDBERG: SIR, DO YOU ALSO RECOGNIZE THIS EXHIBIT?

# 90 A:

YES.

# 91 Q:

AND THIS WAS ONE OF THE OTHER BOARDS THAT YOU TOOK A LOOK AT?

# 92 A:

YES.

# 93 Q:

AND DID YOU GO THROUGH THE SAME PROCESS THAT WE JUST DISCUSSED IN CONNECTION WITH 177-A OF VERIFYING THE PHOTOGRAPHS, THE DATES, CORRESPONDING TO EACH ONE OF THE CELLS?

# 94 A:

YES.

# 95 Q:

THAT YOU COLLECTED?

# 96 (NO AUDIBLE RESPONSE.)

# 97 Q:

AND WAS THE INFORMATION CONTAINED ON THIS BOARD TRUE AND CORRECT?

# 98 MR. SCHECK:

OBJECTION TO THAT QUESTION, ONLY TO HIS INITIALS.

KEY QUOTE

# 99 THE COURT:

YES. REPHRASE IT. THE INFORMATION IS ACCURATE AS TO HIS PARTICIPATION, YES. REPHRASE THE QUESTION.

# 100 Q:

BY MR. GOLDBERG: OKAY. LET ME ASK IT MORE SPECIFICALLY. DID THE PHOTOGRAPH ACCURATELY DEPICT THE PACKAGING OF THE ITEMS, THE VARIOUS ITEMS THAT YOU COLLECTED OR THAT ANDREA MAZZOLA COLLECTED IN YOUR PRESENCE?

# 101 A:

YES.

# 102 Q:

AND DID THE DATES ACCURATELY REFLECT WHEN THOSE ITEMS WERE COLLECTED?

# 103 A:

YES.

# 104 Q:

ALL RIGHT. NOW, LET'S TAKE A LOOK AT 177-C.

# 105 (PEO'S 177-C FOR ID = POSTERBOARD)

# 106 MR. GOLDBERG:

AND THIS HAS 45 THROUGH 87 -- I'M SORRY, 57.

# 107 Q:

IS THIS ANOTHER BOARD THAT YOU LOOKED AT, MR. FUNG?

# 108 A:

YES, IT IS.

# 109 Q:

AND DID YOU GO THROUGH THE SAME PROCEDURE THAT YOU DESCRIBED WITH RESPECT TO 177-A OF VERIFYING THIS BOARD?

# 110 A:

YES.

# 111 Q:

AND DID THE PHOTOGRAPHS IN THE CELLS UNDER "COLLECTED LAPD" NEXT TO YOUR NAME AND/OR ANDREA MAZZOLA'S NAME, ACCURATELY REFLECT THE PACKAGING INTO WHICH THE ITEMS WERE PLACED THAT EITHER YOU COLLECTED OR WERE COLLECTED IN YOUR PRESENCE?

# 112 A:

YES.

# 113 Q:

AND WERE THE DATES ALSO ACCURATE?

# 114 A:

YES.

# 115 MR. GOLDBERG:

NOW, 177-D.

# 116 (PEO'S 177-D FOR ID = POSTERBOARD)

# 117 MR. GOLDBERG:

THIS CONTAINS ITEMS 59 THROUGH 82.

# 118 Q:

NOW, LOOKING AT THIS PARTICULAR BOARD, WHEN YOU GO DOWN TO "LAPD COLLECTED" COLUMN, EVERY NAME HERE IS SOMEONE ELSE; IS THAT CORRECT?

# 119 A:

YES.

# 120 Q:

SO YOU DID NOT PARTICIPATE IN THE COLLECTION OF THESE ITEMS?

# 121 A:

YES, THAT'S CORRECT.

# 122 MR. GOLDBERG:

NOW, LET'S SEE 177-E.

# 123 (PEO'S 177-E FOR ID = POSTERBOARD)

# 124 (BRIEF PAUSE.)

# 125 Q:

BY MR. GOLDBERG: SIR, DID YOU GO THROUGH THIS SAME PROCEDURE WITH THIS BOARD THAT YOU WENT THROUGH WITH 177-A?

# 126 A:

YES.

# 127 Q:

AND ON THIS BOARD THERE ARE ONLY THREE ITEMS THAT YOU COLLECTED?

# 128 A:

YES.

# 129 Q:

THOSE ARE WHICH ITEM NUMBERS?

# 130 A:

115, 116 AND 117.

# 131 Q:

AND DID YOU LOOK AT THE PHOTOGRAPHS TO DETERMINE WHETHER THEY ACCURATELY REFLECT THE PACKAGING THAT YOU PLACED THOSE RESPECTIVE ITEMS IN?

# 132 A:

YES.

# 133 Q:

AND DOES THE DATE ACCURATELY REFLECT WHEN YOU DID THAT?

# 134 A:

YES.

# 135 MR. GOLDBERG:

OKAY. THANK YOU. FOR THE RECORD, YOUR HONOR, THIS WAS 84 THROUGH 305.

# 136 (BRIEF PAUSE.)

# 137 Q:

BY MR. GOLDBERG: MR. FUNG, DID YOU HAVE OCCASION TO GO OUT TO THE LOCATION AT BUNDY SINCE JULY THE 3RD?

# 138 A:

YES.

# 139 Q:

AND WHEN WAS THAT THAT YOU WENT OUT?

# 140 A:

I HAVE GONE OUT THERE THREE ADDITIONAL TIMES.

# 141 Q:

DID YOU GO OUT THERE IN FEBRUARY OF THIS YEAR?

# 142 A:

YES, I DID.

# 143 Q:

FOR WHAT PURPOSE?

# 144 A:

I WENT OUT THERE TO TAKE ADDITIONAL MEASUREMENTS WITH SPECIAL AGENT BODZIAK.

KEY QUOTE

# 145 MR. SCHECK:

EXCUSE ME, YOUR HONOR. MAY I APPROACH TO LOOK AT THE EXHIBITS?

# 146 THE COURT:

YES.

# 147 (BRIEF PAUSE.)

# 148 Q:

BY MR. GOLDBERG: WAS HE WITH THE FBI?

# 149 A:

YES.

# 150 Q:

DO YOU KNOW WHICH DIVISION?

# 151 A:

HE IS WITH -- I DON'T KNOW WHAT THE NAME OF HIS EXACT DIVISION IS.

# 152 Q:

BUT IS IT A SCIENTIFIC EVIDENCE TYPE DIVISION?

# 153 A:

YES.

# 154 Q:

ALL RIGHT. NOW, WHAT MATERIALS DID YOU BRING WITH YOU OUT TO THE SCENE, IF ANY?

# 155 A:

WE HAD SOME PHOTOGRAPHS AND MEASURING DEVICES.

# 156 Q:

OKAY. DID YOU PROVIDE -- DID YOU HAVE PHOTOGRAPHS THERE THAT DEPICTED THE SHOEPRINTS AS THEY EXISTED ON JUNE THE 13TH?

# 157 A:

YES.

# 158 Q:

ALL RIGHT. AND DID YOU HAVE OCCASION TO GO OUT AGAIN ON MARCH 25?

# 159 A:

YES.

# 160 Q:

AND WHY WERE YOU GOING OUT THEN?

# 161 A:

I WAS OUT THERE TO TAKE MORE MEASUREMENTS WITH D.A. PERSONNEL.

# 162 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 163 Q:

BY MR. GOLDBERG: DO YOU RECALL WHO FROM THE D.A.'S OFFICE WAS WITH YOU?

# 164 A:

MISS MARTINEZ.

# 165 Q:

THE YOUNG LADY BEHIND ME?

# 166 A:

YES.

# 167 MR. SCHECK:

YOUR HONOR, MAY WE APPROACH FOR A MINUTE WITH THE COURT REPORTER?

Temperature

routine

Key Quotes (3)

Dennis Fung

IN THE PHOTOGRAPHS THERE IS EITHER MY INITIALS OR CRIMINALIST MAZZOLA'S INITIALS OR SOME OTHER IDENTIFYING CHARACTERISTICS, SUCH AS A CORONER'S CASE NUMBER, THAT WOULD BE UNIQUE TO THAT ITEM.

Fung explains how he authenticated the exhibit boards — linking photographs to specific collected items via initials and case numbers.

Barry Scheck

OBJECTION TO THAT QUESTION, ONLY TO HIS INITIALS.

Scheck limits Fung's authentication to items he personally handled, signaling the defense's ongoing effort to constrain Fung's testimony to his direct participation.

Dennis Fung

I WENT OUT THERE TO TAKE ADDITIONAL MEASUREMENTS WITH SPECIAL AGENT BODZIAK.

Establishes that Fung returned to the Bundy scene in February to assist FBI footwear expert Bodziak, connecting Fung's work to the shoeprint evidence thread.

Evidence (6)

People's 177-A

LAPD Evidence Disposition Summary posterboard covering item No. 6 — a coin envelope from the Rockingham driveway collected June 13, 1994

introduced and authenticated by Fung

People's 177-B

Evidence disposition summary posterboard covering items 25 through 44

introduced and authenticated

People's 177-C

Evidence disposition summary posterboard covering items 45 through 57

introduced and authenticated

People's 177-D

Evidence disposition summary posterboard covering items 59 through 82 — all collected by personnel other than Fung

introduced; Fung confirmed he had no role in collecting these items

People's 177-E

Evidence disposition summary posterboard covering items 84 through 305; Fung collected only items 115, 116, and 117

introduced and authenticated

Informal

Photographs depicting shoeprints at the Bundy scene as they existed on June 13, 1994, used during Fung's February return visit with FBI Agent Bodziak

discussed

Notable Exchanges (1)

Hank Goldberg•Barry Scheck•Lance A. Ito

Scheck objected when Goldberg asked whether the information on board 177-B was 'true and correct,' arguing Fung could only authenticate items bearing his own initials. Ito sustained and directed Goldberg to narrow the question to packaging Fung or Mazzola personally handled.

strategic

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 5593 • 167 utterances • Prosecution witness

Criminal Trial

Department 103