Direct examination of Dennis Fung (part 5)

📄 Direct examination of Dennis Fung (part 5) — Tuesday, April 4, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\4\DIRECT-EXAMINATION-OF-DENNIS-F.DOC

TRIAL

▲ Day 51 of 167

◀ Sidebar: witness notes and measurements Cross-examination of Dennis Fung (part 1) ▶

Witness: Dennis Fung
Examiner: Hank Goldberg
Called by: Prosecution • Date: Tuesday, April 4, 1995 • Utterances: 35

The prosecution wraps up direct examination of Dennis Fung by introducing his shoeprint measurement notes (People's 178) and attempting to rehabilitate him with questions about crime scene investigation methodology — essentially arguing there is no single 'right way' to process a scene. Goldberg's final two attempts to get Fung to affirm that hindsight criticism is inevitable were both sustained as leading, and Goldberg abandoned the line of questioning.

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

# 2 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. PROCEED.

# 3 MR. GOLDBERG:

YOUR HONOR, AT THIS TIME I WOULD LIKE TO MARK A -- WHAT APPEARS TO BE A SET OF NOTES AS PEOPLE'S 178 FOR IDENTIFICATION.

# 4 THE COURT:

AND YOU HAVE LOOKED AT THEM CAREFULLY?

# 5 MR. GOLDBERG:

WHAT?

# 6 MS. CLARK:

YES.

# 7 THE COURT:

GOOD.

# 8 MR. GOLDBERG:

I THINK WE ARE FINISHED WITH THE ELMO TODAY ANYWAY, YOUR HONOR.

# 9 THE COURT:

GOOD.

# 10 (PEO'S 178 FOR ID = SET OF NOTES)

# 11 MR. GOLDBERG:

COUNSEL HAS ALREADY SEEN THEM, BUT I AM JUST GOING TO AUTHENTICATE WITH THE WITNESS. MAY HE APPROACH?

# 12 THE COURT:

YOU MAY.

# 13 Q:

BY MR. GOLDBERG: SIR, SHOWING YOU PEOPLE'S 178 FOR IDENTIFICATION, DO YOU RECOGNIZE THAT?

# 14 A:

YES, I DO.

# 15 Q:

AND WHAT ARE THOSE?

# 16 A:

THESE ARE MEASUREMENTS TAKEN OF SHOEPRINTS AT THE BUNDY SCENE.

KEY QUOTE

# 17 Q:

IS THAT A COMPILATION OF VARIOUS NOTES THAT YOU TOOK ON THE THREE DATES THAT YOU JUST MENTIONED?

# 18 A:

YES.

# 19 Q:

NOW, MR. FUNG, WITH RESPECT TO INVESTIGATING A CRIME SCENE, WHICH WE TALKED A LOT ABOUT YESTERDAY, IS THERE ANY SINGLE RIGHT WAY OR RIGHT FORMULA FOR GOING ABOUT INVESTIGATING A CRIME SCENE?

# 20 A:

THERE ARE GENERAL GUIDELINES THAT PEOPLE FOLLOW; HOWEVER, THERE IS NO SINGLE RIGHT WAY IN ANY CIRCUMSTANCE.

KEY QUOTE

# 21 Q:

IS THE WAY THAT YOU GO ABOUT INVESTIGATING A CRIME SCENE SUBJECT TO DIFFERENT OPINIONS OF DIFFERENT FORENSIC EXPERTS, CRIMINALISTS?

# 22 A:

YES.

# 23 Q:

OKAY. COULD TWO FORENSIC EXPERTS HAVE DIFFERENT IDEAS ABOUT EXACTLY WHAT TO DO AT A CRIME SCENE?

# 24 A:

YES.

# 25 Q:

AND SIR, IS THERE A RECOGNIZED PRINCIPLE IN CRIMINALISTICS THAT IN EVERY CRIME SCENE THAT HAS EVER BEEN PROCESSED IT IS ALWAYS POSSIBLE TO USE HINDSIGHT TO CRITICIZE THE WORK AT A LATER DATE?

# 26 MR. SCHECK:

OBJECTION, LEADING.

# 27 THE COURT:

SUSTAINED.

# 28 Q:

BY MR. GOLDBERG: SIR, IS THERE ANY RECOGNIZED METHOD WITHIN THE CRIMINALISTICS FIELD REGARDING WHETHER OR NOT IT IS POSSIBLE TO PROCESS A CRIME SCENE IN A WAY THAT NO ONE COULD EVER CRITICIZE?

# 29 MR. SCHECK:

OBJECTION.

# 30 THE COURT:

GROUND?

# 31 MR. SCHECK:

IT IS LEADING. IT CALLS FOR SPECULATION.

# 32 THE COURT:

SUSTAINED. IT IS LEADING.

# 33 MR. GOLDBERG:

THAT IS OKAY, YOUR HONOR. I DON'T THINK I HAVE ANY FURTHER QUESTIONS. THANK YOU.

# 34 THE COURT:

ALL RIGHT. MR. SCHECK.

# 35 MR. SCHECK:

THANK YOU.

Temperature

procedural

Key Quotes (2)

Dennis Fung

THERE ARE GENERAL GUIDELINES THAT PEOPLE FOLLOW; HOWEVER, THERE IS NO SINGLE RIGHT WAY IN ANY CIRCUMSTANCE.

Core rehabilitation point: Goldberg is inoculating against defense criticism by establishing that crime scene work is inherently judgment-based.

Dennis Fung

THESE ARE MEASUREMENTS TAKEN OF SHOEPRINTS AT THE BUNDY SCENE.

Authenticates People's 178, connecting Fung's notes to the physical evidence at Bundy.

Evidence (1)

People's 178

Set of notes containing shoeprint measurements taken at the Bundy crime scene across three dates

marked for identification, authenticated by Fung

Notable Exchanges (1)

Hank Goldberg•Barry Scheck•Lance A. Ito

Goldberg attempts twice to establish through leading questions that hindsight criticism of crime scenes is inevitable and recognized in the field. Scheck objects both times and is sustained, forcing Goldberg to abandon the rehabilitation strategy entirely.

strategic

Objections

3 objections (3 sustained, 0 overruled)

Proceeding 5595 • 35 utterances • Prosecution witness

Criminal Trial

Department 103