Barry Scheck continues cross-examining LAPD criminalist Dennis Fung, pressing him on his uncertainty about how Detective Fuhrman collected Item No. 10, the absence of a video camera at the Bundy crime scene (while one was used at Rockingham specifically to protect the LAPD from civil liability), and Fung's 10-plus preparation sessions with prosecutor Goldberg. Scheck methodically establishes documentation gaps and Fung's fuzzy recollections about key evidence collection moments.
# 1 Q: GOOD AFTERNOON, MR. FUNG.
# 3 Q: MR. FUNG, WHEN WE LEFT, YOU WERE TELLING US ABOUT DETECTIVE FUHRMAN COLLECTING ITEM NO. 10. I THINK YOU TOLD US YESTERDAY, DID YOU NOT, THAT HE TRANSFERRED, THAT HE HANDED THAT TO YOU OVER THE FENCE?
# 5 Q: ALL RIGHT. BUT YOUR RECOLLECTION NOW IS NOT VERY CLEAR ON EXACTLY WHETHER HE USED THE SCOOP METHOD OR GLOVES?
# 6 MR. GOLDBERG: MISSTATES THE TESTIMONY.
# 7 THE COURT: SUSTAINED. REPHRASE THE QUESTION.
# 8 Q: BY MR. SCHECK: DO YOU HAVE A CLEAR RECOLLECTION AS TO WHETHER OR NOT DETECTIVE FUHRMAN HAD GLOVES?
# 10 Q: AND DO YOU HAVE A CLEAR RECOLLECTION AS TO WHETHER HE USED THE SCOOP METHOD?
# 12 Q: AND IS IT YOUR TESTIMONY THAT HE PICKED THIS ITEM UP AND HE HANDED IT TO YOU OVER THAT FENCE? IS THAT HOW IT HAPPENED OR DO YOU RECALL?
# 13 A: IT WAS IN A COIN ENVELOPE AND HE HANDED IT TO ME OVER THE FENCE (INDICATING).
# 14 Q: OKAY. SO IT WAS ONE OF THOSE LITTLE COIN ENVELOPES?
# 16 Q: ALL RIGHT. AND GIVEN THE FACT THAT IT'S A LITTLE COIN ENVELOPE, WOULD IT NOT BE DIFFICULT TO BE USING THE SCOOP METHOD WITH THE COIN ENVELOPE?
# 17 MR. GOLDBERG: CALLS FOR SPECULATION.
# 18 THE COURT: SUSTAINED.
# 19 Q: BY MR. SCHECK: ORDINARILY, WOULD YOU USE THE SCOOP METHOD WITH ONE OF THOSE SMALL COIN ENVELOPES?
# 20 A: I'VE DONE IT BEFORE.
# 21 Q: IT'S FAIRLY DIFFICULT, ISN'T IT, AS OPPOSED TO A LARGE PAPER BAG?
# 24 A: IT IS MORE DIFFICULT, BUT IT'S NOT A LOT MORE DIFFICULT.
# 25 Q: OKAY. SO IT'S MORE DIFFICULT?
# 26 A: A LITTLE BIT, YES.
# 27 Q: OKAY. AND THIS --
# 28 MR. SCHECK: ASK THIS PHOTOGRAPH BE MARKED AS DEFENDANT'S NEXT IN ORDER.
# 31 THE COURT: ALL RIGHT. DEFENSE 1073.
# 32 (DEFT'S 1073 FOR ID = PHOTOGRAPH) # 33 MR. SCHECK: MAY I APPROACH THE WITNESS, YOUR HONOR?
# 35 Q: BY MR. SCHECK: MR. FUNG, IS THIS A PHOTOGRAPH OF ITEM NO. 10 AS YOU SAW IT ON THE MORNING OF JUNE 13TH?
# 37 MR. SCHECK: MAY I PUT THIS ON THE ELMO, YOUR HONOR?
# 39 MR. SCHECK: MR. HARRIS, CAN YOU PULL BACK FROM THAT A LITTLE BIT?
# 40 Q: BY MR. SCHECK: MR. FUNG, GIVEN THE LOCATION OF THAT ITEM NO. 10, ONE WOULD -- TO USE THE SCOOP METHOD THERE, YOU MIGHT GET SOME LEAVES OR DEBRIS INTO THE COIN ENVELOPE?
# 42 Q: PERHAPS? DON'T YOU THINK THAT'S LIKELY GIVEN ITS LOCATION?
# 43 A: NOT NECESSARILY, NO.
# 44 Q: NO? AND TO THE BEST OF YOUR RECOLLECTION, THERE ARE NO LEAVES IN THAT COIN ENVELOPE, ARE THERE?
# 45 A: TO THE BEST OF MY RECOLLECTION, YEAH, THERE ARE NO LEAVES IN THERE, RIGHT.
# 46 Q: SO IF DETECTIVE FUHRMAN WERE TO HAVE USED GLOVES AND PICKED THAT UP AND PUT IT INTO THE COIN ENVELOPE, IT WOULD BE LESS LIKELY TO HAVE LEAVES IN IT; WOULDN'T YOU THINK?
# 47 MR. GOLDBERG: YOUR HONOR, IT'S IRRELEVANT.
# 48 THE COURT: CALLS FOR SPECULATION.
# 49 Q: BY MR. SCHECK: MR. FUNG, LET'S MOVE ON TO THE BUNDY CRIME SCENE. YOU ARRIVED THERE AT ABOUT WHAT TIME?
# 50 A: I ARRIVED THERE AT 10:15 IN THE MORNING.
# 51 Q: ALL RIGHT. AND BEFORE YOU GOT THERE, STILL -- DID IT COME TO YOUR ATTENTION THAT A STILL PHOTOGRAPHER HAD ALREADY BEEN ON THE SCENE AND HAD TAKEN PICTURES?
# 53 Q: AND THERE WAS NO VIDEO CAMERA AT THE BUNDY CRIME SCENE, WAS THERE?
# 54 A: THERE WAS A LOT OF NEWS MEDIA WITH VIDEO CAMERAS.
# 55 Q: I UNDERSTAND THAT. YOU'VE SEEN A NUMBER OF THESE TAPES; HAVE YOU NOT, SIR?
# 57 Q: YOU HAVE REVIEWED THEM VERY CAREFULLY BEFORE YOU CAME TO TESTIFY?
# 58 A: I'VE REVIEWED THEM.
# 59 Q: ABOUT HOW MANY TIMES?
# 61 Q: ONCE, TWICE? WITH THE -- ANY MEMBERS OF THE PROSECUTION TEAM?
# 63 Q: AND WHO WAS THAT?
# 64 A: THAT WAS MR. GOLDBERG.
# 66 A: HE'S THE ONLY ONE I RECALL BEING THERE.
# 67 Q: AND HOW MANY TIMES DID YOU DO THAT?
# 69 Q: AND ABOUT HOW MANY HOURS DID IT TAKE YOU?
# 70 A: TOOK AWHILE. I DON'T REMEMBER. MAYBE THREE HOURS. I DON'T RECALL.
# 71 Q: AND YOU STUDIED THEM CAREFULLY; DID YOU NOT?
# 72 A: WE LOOKED AT THEM.
# 73 Q: AND INCIDENTALLY, BEFORE YOU CAME AND TESTIFIED ON DIRECT EXAMINATION, DID YOU UNDERGO A NUMBER OF PREPARATION SESSIONS?
# 74 A: YES. I MET WITH MR. GOLDBERG A FEW TIMES.
# 79 Q: AND ABOUT HOW LONG DO YOU -- DID EACH OF THESE SESSIONS TAKE IF YOU RECALL?
# 80 A: THEY VARIED ANYWHERE FROM FIVE MINUTES TO THREE OR FOUR OR FIVE HOURS.
# 81 Q: AND DID YOU EVER HAVE A SESSION WHERE PEOPLE WERE BROUGHT IN THAT CROSS-EXAMINED YOU IN PREPARATION?
# 83 Q: NOW, THERE ARE VIDEO CAMERAS AVAILABLE AT THE SCIENTIFIC INVESTIGATION DIVISION; ARE THERE NOT?
# 85 Q: AND ON OCCASION, THESE VIDEO CAMERAS ARE USED TO TAKE VIDEOTAPES OF CRIME SCENES?
# 86 A: ON OCCASION, YES.
# 87 Q: AND THAT IS DONE AT THE REQUEST OF THE CRIMINALIST?
# 88 A: NO. USUALLY THAT'S DONE AT THE REQUEST OF A DETECTIVE.
# 89 Q: DETECTIVE. SOMETIMES AT THE REQUEST OF THE CRIMINALIST?
# 90 A: I HAVE NEVER HAD OCCASION TO REQUEST ONE.
# 91 Q: BUT SOMETIMES DETECTIVES HAVE?
# 93 Q: AND IF ONE TAKES A VIDEO CAMERA TO A CRIME SCENE, THERE ARE SOME ADVANTAGES TO USING IT?
# 94 MR. GOLDBERG: YOUR HONOR, I'LL OBJECT, THAT IT'S IRRELEVANT.
# 95 THE COURT: OVERRULED.
# 96 DENNIS FUNG: THERE MAY BE.
# 97 Q: BY MR. SCHECK: AND THE ADVANTAGE -- ONE OF THE ADVANTAGES IS THAT YOU CAN PAN THE ENTIRE SCENE IN ONE CONTINUOUS SWEEPING SHOT TO SEE WHERE THE EVIDENCE LIES?
# 98 A: THAT WOULD BE ONE ADVANTAGE, YES.
# 99 Q: AND THAT'S -- IT CUTS DOWN ON THE SELECTIVITY THAT ONE GETS WHEN YOU TAKE STILL PHOTOGRAPHS?
# 100 A: WHAT DO YOU MEAN BY SELECTIVITY?
# 101 Q: WELL, WHEN ONE CHOOSES TO TAKE A PHOTOGRAPH AT A CERTAIN ANGLE, A STILL PHOTOGRAPH, ONE IS MAKING A SELECTION ABOUT THE ANGLE AT WHICH THE PICTURE IS TAKEN?
# 103 Q: AND ORDINARILY WHEN YOU DIRECT THE FORENSIC PHOTOGRAPHERS AT A CRIME SCENE, YOU MAKE YOUR BEST JUDGMENT ABOUT WHAT ANGLES TO TAKE TO ILLUSTRATE THE EVIDENCE WELL?
# 104 A: I WILL GIVE PHOTOGRAPHERS THE INSTRUCTIONS TO TAKE OVERALLS OF THE CRIME SCENE, AND THEN AFTER THAT IS DONE, THAT THERE ARE SPECIFIC SHOTS THAT I WILL DIRECT THEM TO TAKE.
# 105 Q: BUT AN ADVANTAGE OF VIDEO IS THAT WHEN YOU TAKE AN OVERALL OF THE CRIME SCENE WITH A VIDEO, ONE GETS MORE THAN IF YOU TAKE AN OVER -- YOU TAKE A SERIES OF STILL SHOTS?
# 106 A: THAT'S POSSIBLE. MAY NOT BE -- NOT IN ALL CASES THOUGH.
# 107 Q: WELL, IF DONE WELL WITH A VIDEO, WOULDN'T THAT ORDINARILY BE TRUE IN YOUR JUDGMENT?
# 108 A: IF DONE WELL WITH PHOTOGRAPHY, THAT'S JUST AS GOOD.
# 109 Q: YOU THINK IT'S JUST AS GOOD TO DO A SERIES OF STILL PHOTOGRAPHS AS OPPOSED TO A VIDEO?
# 110 MR. GOLDBERG: YOUR HONOR, THIS IS IRRELEVANT.
# 111 THE COURT: IT'S ARGUMENTATIVE AS WELL.
# 112 Q: BY MR. SCHECK: DO YOU KNOW IF, IN YOUR EXPERIENCE AS A CRIMINALIST, WHETHER OTHER MAJOR METROPOLITAN AREAS ROUTINELY USE VIDEOTAPES FOR CRIME SCENES?
# 113 A: I'VE HEARD IT MENTIONED THAT SOME PEOPLE OR SOME JURISDICTIONS DO USE THEM ON OCCASION. I DON'T KNOW IF THEY USE THEM ON A ROUTINE BASIS THOUGH.
# 114 Q: WELL, THERE WAS A VIDEO USED IN THIS CASE, WASN'T THERE?
# 116 Q: THAT THAT VIDEO WAS A VIDEOTAPE TAKEN AT ROCKINGHAM?
# 118 Q: THAT WAS A VIDEOTAPE OR AT LEAST ONE PURPOSE OF IT WAS TO TAKE SHOTS OF THE INTERIOR OF MR. SIMPSON'S RESIDENCE?
# 119 MR. GOLDBERG: WELL, THERE'S NO FOUNDATION, YOUR HONOR.
# 120 THE COURT: SUSTAINED.
# 121 Q: BY MR. SCHECK: DO YOU KNOW IF A VIDEO WAS TAKEN AT ROCKINGHAM ON THE AFTERNOON OF JUNE 13 OF THE INTERIOR OF MR. SIMPSON'S RESIDENCE?
# 123 Q: AND DO YOU KNOW IF ONE OF THE PURPOSES OF THAT VIDEOTAPE WAS TO PROTECT THE POLICE DEPARTMENT FROM CIVIL LIABILITY?
# 124 A: I BELIEVE THAT WAS THE PURPOSE OF THE VIDEO.
KEY QUOTE # 125 Q: AND -- BUT THERE WAS NO VIDEO CAMERA TO RECORD THE BUNDY CRIME SCENE, WAS THERE?
# 126 A: I DID NOT OBSERVE ONE.
# 127 Q: NOW, WHEN YOU ARRIVED AT BUNDY, IT WAS WHAT TIME? 10:15?
# 129 Q: AND YOU TOLD US THAT YOU HAD HEARD OR YOU BELIEVED AT THAT TIME THAT THE VICTIMS WERE FIRST DISCOVERED SOMETIME IN THE EARLY MORNING HOURS?
# 131 Q: SO BY THE -- EXCUSE ME. BY THE TIME YOU ARRIVED AT BUNDY, IT WAS SOMETHING ON THE ORDER OF 10 HOURS TO YOUR KNOWLEDGE FROM WHEN THE BODIES WERE FIRST FOUND?
# 132 A: SOMETHING LIKE THAT.
# 133 Q: AND ISN'T THAT, MR. FUNG, FAIRLY LATE IN THE ORDINARY COURSE OF HOMICIDE INVESTIGATIONS FOR CRIMINALISTS TO ARRIVE AT THE CRIME SCENE?
# 134 A: I HAVE ARRIVED AT CRIME SCENES WHEN THE BODIES ARE MONTHS OLD.
# 135 Q: WELL, THAT'S BECAUSE NOBODY FOUND THEM FOR MONTHS, RIGHT?
# 137 Q: BUT WHEN YOU GET A HOMICIDE CALL, YOU TOLD US THAT YOU TRY TO GET TO THE SCENE WITHIN AN HOUR OF THE CALL?
# 138 A: THAT'S OUR -- THAT'S OUR GOAL FOR OUR RESPONSE TIME, YES.
# 139 Q: AND IT'S IMPORTANT TO GET THE CRIMINALISTS AT THE SCENE BEFORE THE CORONERS?
# 140 THE COURT: I THINK WE'RE ASKED THIS QUESTION ABOUT THE FIFTH TIME.
KEY QUOTE # 141 MR. SCHECK: I UNDERSTAND THAT. I UNDERSTAND THAT, YOUR HONOR. I'M JUST FOUNDATIONALLY LEADING TO SOMETHING ELSE.
# 142 THE COURT: WELL, LET'S GET THERE.
# 143 DENNIS FUNG: IT'S PREFERABLE.
# 144 Q: BY MR. SCHECK: NOW, YOU HAVE OBSERVED PHOTOGRAPHS IN YOUR CONSIDERATION OF THE EVIDENCE IN THIS CASE THAT WERE TAKEN BEFORE YOU ARRIVED AT THE SCENE?
# 145 A: COULD YOU REPEAT THAT?
# 146 Q: HAVE YOU LOOKED AT PHOTOGRAPHS THAT WERE TAKEN OF THE BUNDY CRIME SCENE BEFORE YOU ARRIVED?
# 148 Q: AND YOU HAVE CONSIDERED THOSE IN YOUR ATTEMPTS TO DO CRIME SCENE RECONSTRUCTION IN THIS CASE?
# 149 MR. GOLDBERG: OBJECTION. MISSTATES A FACT NOT IN EVIDENCE.
# 150 THE COURT: SUSTAINED.
# 151 Q: BY MR. SCHECK: ALL RIGHT. HAVE YOU ATTEMPTED DURING THE COURSE OF YOUR CONSIDERATION OF THIS MATTER TO RECONSTRUCT THE CRIME SCENE THAT YOU FOUND AT BUNDY?
# 152 MR. GOLDBERG: IT'S VAGUE.
# 153 THE COURT: SUSTAINED.
# 154 Q: BY MR. SCHECK: WHAT IS CRIME SCENE RECONSTRUCTION? I THINK YOU TALKED ABOUT THIS --
# 155 A: RECONSTRUCTION -- CRIME SCENE RECONSTRUCTION IS USING THE PHYSICAL EVIDENCE AT THE SCENE TO TRY TO COME UP WITH A SCENARIO AS TO WHAT HAS HAPPENED.
# 156 Q: AND IN DOING THAT -- YOU DID THAT IN THIS CASE, TRIED TO DO THAT IN THIS CASE?
# 157 A: ONLY IN A VERY LIMITED FASHION.
# 159 A: IN A LIMITED FASHION.
# 160 Q: AND YOU PARTICIPATED WITH THE DETECTIVES IN THEIR EFFORTS TO DO SO?
# 161 MR. GOLDBERG: IT'S VAGUE, YOUR HONOR.
# 162 THE COURT: OVERRULED.
# 163 DENNIS FUNG: IN A VERY LIMITED FASHION.
# 164 Q: BY MR. SCHECK: AND OTHER EXPERTS HAVE COME AND DISCUSSED THE CRIME SCENE AS YOU FOUND IT AT BUNDY WITH YOU IN THEIR ATTEMPTS TO DO RECONSTRUCTION IN THIS CASE?
# 166 MR. SCHECK: YOUR HONOR, MAY WE APPROACH WITH THE DISTRICT ATTORNEY FOR ONE MOMENT ABOUT THE PHOTOGRAPH?
# 167 THE COURT: DO YOU NEED THE REPORTER?
# 168 MR. SCHECK: YES, I THINK SO.