Cross-examination of Dennis Fung (afternoon, part 3)

📄 Cross-examination of Dennis Fung (afternoon, part 3) — Wednesday, April 5, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\5\CROSS-EXAMINATION-OF-DENNIS-FU.DOC

TRIAL

▲ Day 52 of 167

◀ Sidebar: grand jury exhibits Sidebar: secondary transfer ▶

Witness: Dennis Fung
Examiner: Barry Scheck
Called by: Prosecution • Date: Wednesday, April 5, 1995 • Utterances: 231

Barry Scheck continues cross-examining criminalist Dennis Fung, using a telestrator on People's 55 to highlight a piece of paper near Nicole Brown Simpson's body that was never collected as evidence. Scheck then pivots to a sustained line of questioning about trace evidence, secondary transfer, and the contamination risk posed by a blanket taken from Nicole's home and placed over her body at the crime scene — a blanket that could have carried OJ Simpson's hairs into it.

# 1 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. PROCEED.

# 2 Q:

BY MR. SCHECK: MR. FUNG, WHY DON'T WE TRY THIS WITH PEOPLE'S 55. HAVE YOU SEEN THIS PHOTOGRAPH BEFORE?

# 3 A:

BEFORE TODAY?

# 4 Q:

YES.

# 5 A:

I DON'T RECALL SEEING THAT PARTICULAR PHOTOGRAPH. I DO RECOGNIZE THE LOCATION THOUGH.

# 6 Q:

RECOGNIZE THE LOCATION AS BEING THE BUNDY CRIME SCENE?

# 7 A:

YES.

# 8 Q:

AND BASED ON OTHER PHOTOGRAPHS THAT YOU SAY YOU'RE FAMILIAR WITH, WOULD IT BE YOUR VIEW THAT THIS IS A PHOTOGRAPH OF DETECTIVE FUHRMAN POINTING AT THE BUNDY GLOVE?

# 9 MR. GOLDBERG:

THAT WOULD CALL FOR SPECULATION, YOUR HONOR.

# 10 MR. SCHECK:

BASED ON THE OTHER PHOTOGRAPHS HE SAYS HE IS AWARE OF.

# 11 THE COURT:

OVERRULED.

# 12 DENNIS FUNG:

I CAN'T MAKE OUT IF THAT'S DETECTIVE FUHRMAN THERE OR NOT.

KEY QUOTE

# 13 Q:

BY MR. SCHECK: BUT YOU SEE IT AS SOME -- INDIVIDUAL POINTING AT THAT GLOVE, RIGHT?

# 14 A:

YES.

# 15 Q:

ALL RIGHT. AND I TAKE IT JUST LOOKING AT THE -- AT THE BUNDY CRIME SCENE AS IT'S DEPICTED IN THIS PHOTOGRAPH, THIS IS NOT IN EXACTLY THE SAME FORM, THIS CRIME SCENE IS NOT IN EXACTLY THE SAME CONDITION AS WHEN YOU FIRST SAW IT ON JUNE 13TH?

# 16 A:

THAT'S CORRECT.

# 17 Q:

OKAY.

# 18 MR. SCHECK:

YOUR HONOR, I ASK PERMISSION FOR MR. HARRIS TO PUT THIS ON THE ELMO AND --

# 19 THE COURT:

OKAY. HOLD ON JUST A SECOND. WE NEED TO --

# 20 MR. SCHECK:

-- CUT THE FEED.

# 21 THE COURT:

MR. GOLDBERG, DO YOU WANT TO WARN ANY FAMILY MEMBERS?

# 22 MR. SCHECK:

WELL, WE'RE GOING TO -- WE'RE TRYING TO-- HE'S GOING TO FOCUS IN ON A SEGMENT OF THIS PHOTOGRAPH.

# 23 THE COURT:

MUCH AS I TRUST MR. HARRIS, JUST AS A FOREWARNING.

# 24 MR. SCHECK:

I KNOW HE'LL DO THIS RIGHT.

# 25 (BRIEF PAUSE.)

# 26 Q:

BY MR. SCHECK: OKAY. MR. FUNG, YOU CAN -- SEE THE PHOTOGRAPH THAT'S PEOPLE'S 55 IN EVIDENCE?

# 27 A:

YES.

# 28 Q:

ALL RIGHT. NOW, DO YOU SEE A PIECE OF PAPER IN THIS PHOTOGRAPH THAT YOU DID NOT SEE WHEN YOU ARRIVED AT THE BUNDY CRIME SCENE ON JUNE 13TH?

# 29 A:

I DON'T KNOW WHAT YOU'RE REFERRING TO.

# 30 Q:

YOU DON'T?

# 31 A:

I MEAN, IS THERE SOMETHING IN PARTICULAR YOU WANT ME TO --

# 32 Q:

YES.

# 33 MR. SCHECK:

YOUR HONOR, I'M GOING TO ATTEMPT TO USE THE TELESTRATOR. ACTUALLY I THINK I'M BETTER OFF HAVING MR. HARRIS USE IT.

# 34 THE COURT:

HAVE HIM PUT THE ARROW AT THE ITEM YOU'RE DIRECTING MR. FUNG TO.

# 35 MR. SCHECK:

YES.

# 36 Q:

BY MR. SCHECK: DO YOU SEE WHERE THE ARROW IS POINTING TO, MR. FUNG?

# 37 A:

YES.

# 38 Q:

ALL RIGHT. DOES THAT APPEAR TO YOU TO BE A PIECE OF PAPER?

# 39 A:

YES.

# 40 Q:

ALL RIGHT. YOU DIDN'T SEE THAT PIECE OF PAPER WHEN YOU ARRIVED AT THE BUNDY CRIME SCENE, DID YOU?

# 41 A:

I DON'T RECALL IF I SAW IT OR NOT.

# 42 Q:

DID YOU RECOVER THAT PIECE OF PAPER?

# 43 A:

NO.

# 44 Q:

GIVEN THE LOCATION OF THAT PIECE OF PAPER IN RELATION TO THE CRIME SCENE, DO YOU BELIEVE THAT IT MIGHT HAVE SOME RELEVANCE?

# 45 MR. GOLDBERG:

OBJECTION. CALLS FOR SPECULATION, CALLS FOR --

# 46 THE COURT:

SUSTAINED.

# 47 Q:

BY MR. SCHECK: IN YOUR VIEW AS A CRIMINALIST, IF YOU HAD SEEN THAT PIECE OF PAPER AT THE BUNDY CRIME SCENE, WOULD YOU HAVE COLLECTED IT AS RELEVANT EVIDENCE?

# 48 A:

I MIGHT HAVE.

# 49 Q:

MIGHT HAVE?

# 50 A:

YES.

# 51 Q:

WELL, THAT PIECE OF PAPER IS CLOSE TO THE ENVELOPE?

# 52 A:

YES.

# 53 Q:

IT IS CLOSE TO THE BODY OF MISS NICOLE BROWN SIMPSON?

# 54 A:

YES.

# 55 Q:

THAT IS THE -- WHAT IS BEING OBLITERATED BY THE POST-IT ON THE RIGHT-HAND SIDE OF THE PICTURE, CORRECT?

# 56 A:

YES.

# 57 Q:

ALL RIGHT. AND YOU WOULD HAVE COLLECTED IT, WOULD YOU NOT, BECAUSE IT COULD HAVE THE SHOE IMPRESSION ON IT OF ONE OF THE ASSAILANTS?

# 58 A:

IF I HAD SEEN -- IF -- ASSUMING THAT I HAD SEEN THE PAPER, I WOULD HAVE MADE A DETERMINATION WHETHER IT WOULD HAVE BEEN A GOOD PIECE OF EVIDENCE THAT WOULD LIKELY TO HAVE HAD SOME TYPE OF SIGNIFICANCE TO IT.

# 59 Q:

ALL RIGHT. YOU -- IF YOU HAD BEEN AT THE SCENE -- IF YOU HAD SEEN THAT PIECE OF PAPER, YOU WOULD HAVE EXAMINED IT TO SEE IF IT HAD SHOE IMPRESSIONS?

# 60 A:

POSSIBLY, YES.

# 61 Q:

POSSIBLY?

# 62 A:

FOR POSSIBLE SHOE IMPRESSIONS.

# 63 Q:

YOU WOULD HAVE LOOKED AT IT, RIGHT?

# 64 A:

YES.

# 65 Q:

FOR THAT PURPOSE. THAT WOULD BE ONE OF THE PURPOSES?

# 66 A:

THAT IS ONE OF THE PURPOSES, YES.

# 67 Q:

ALL RIGHT. YOU WOULD ALSO WANT TO SEE, IF YOU HAD BEEN ABLE TO, WHETHER OR NOT THAT PIECE OF PAPER HAD ANY WRITING ON IT?

# 68 MR. GOLDBERG:

YOUR HONOR, I OBJECT. THIS IS IRRELEVANT.

# 69 THE COURT:

OVERRULED.

# 70 DENNIS FUNG:

YES.

# 71 Q:

BY MR. SCHECK: IN TERMS OF BASIC CRIME SCENE RECONSTRUCTION, WOULD YOU HAVE CONSIDERED THE POSSIBILITY THAT THAT PIECE OF PAPER COULD HAVE BEEN RIPPED OUT OF THE HANDS OF THE KILLER?

# 72 A:

POSSIBLY.

# 73 Q:

IT WOULD BE IMPORTANT TO EXAMINE IN YOUR JUDGMENT THAT PIECE OF PAPER FOR FINGERPRINTS?

# 74 A:

YES. IN THE STATE THAT IT APPEARS IN THE PICTURE, YES.

# 75 Q:

AND FROM THE POINT OF VIEW OF A CRIMINALIST, SIR, IT WAS A MISTAKE NOT TO COLLECT THAT PIECE OF PAPER?

# 76 MR. GOLDBERG:

YOUR HONOR, I'LL OBJECT BECAUSE THERE'S NO FOUNDATION THAT HE SAW IT.

# 77 MR. SCHECK:

HE'S SEEING IT NOW.

# 78 THE COURT:

OVERRULED. YOU CAN ANSWER THE QUESTION.

# 79 DENNIS FUNG:

POSSIBLY, YES.

# 80 Q:

BY MR. SCHECK: SERIOUS MISTAKE?

# 81 A:

COULD HAVE BEEN A MISTAKE.

KEY QUOTE

# 82 MR. GOLDBERG:

OBJECTION. THAT IS ARGUMENTATIVE. MOTION TO STRIKE.

# 83 THE COURT:

NO. HE'S ANSWERED THE QUESTION. PROCEED.

# 84 Q:

BY MR. SCHECK: YOU'VE ADMITTED YES, IT'S A MISTAKE?

# 85 MR. GOLDBERG:

YOUR HONOR, I OBJECT.

# 86 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

# 87 Q:

BY MR. SCHECK: IS THERE ANY QUESTION IN YOUR MIND, MR. FUNG, THAT IF YOU HAD BEEN AT THIS CRIME SCENE AND SEEN THAT PIECE OF PAPER WHERE IT WAS LOCATED, THAT YOU WOULD HAVE ATTEMPTED TO COLLECT IT WITH GREAT CARE? ANY QUESTION?

# 88 MR. GOLDBERG:

YOUR HONOR, PERHAPS THE WITNESS NEEDS TO LOOK AT A PHOTOGRAPH WITH BETTER RESOLUTION.

# 89 THE COURT:

OVERRULED.

# 90 MR. SCHECK:

WELL, I HAD ONE.

# 91 DENNIS FUNG:

CAN I ANSWER?

# 92 THE COURT:

ANSWER.

# 93 DENNIS FUNG:

LOOKING AT THE PICTURE AND THE CONDITION OF THE PAPER, I PROBABLY WOULD HAVE COLLECTED IT.

KEY QUOTE

# 94 Q:

BY MR. SCHECK: YOU'RE SAYING PROBABLY. MY QUESTION TO YOU, IS THERE ANY DOUBT WHATSOEVER IN YOUR MIND THAT YOU WOULD HAVE PICKED UP THAT PIECE OF PAPER IF YOU HAD BEEN THERE TO SEE IT?

# 95 MR. GOLDBERG:

ARGUMENTATIVE.

# 96 THE COURT:

OVERRULED.

# 97 DENNIS FUNG:

I DON'T KNOW.

# 98 Q:

BY MR. SCHECK: YOU DON'T KNOW?

# 99 THE COURT:

THAT'S ARGUMENTATIVE.

# 100 Q:

BY MR. SCHECK: WHEN YOU EXAMINED THE CRIME SCENE LATER, MR. FUNG, YOU OBSERVED A BONITA ECUADOR LABEL; DID YOU NOT?

# 101 A:

YES, I DID.

# 102 Q:

AND CAN YOU POINT OUT WHERE IN THE PHOTOGRAPH THAT BONITA ECUADOR LABEL WAS?

# 103 MR. GOLDBERG:

YOUR HONOR, IT MAY BE NECESSARY FOR HIM TO SEE THE REST OF THE PHOTOGRAPH.

# 104 MS. CLARK:

MATTER OF FACT, THIS PHOTOGRAPH DOESN'T SHOW THAT.

# 105 THE COURT:

OVERRULED. CAN YOU TELL FROM THIS PHOTOGRAPH WHERE THAT LABEL WAS?

# 106 DENNIS FUNG:

IN A GENERAL SENSE, YES.

# 107 THE COURT:

ALL RIGHT.

# 108 Q:

BY MR. SCHECK: CAN YOU GIVE US A GENERAL SENSE OF WHERE IT WAS LOCATED?

# 109 A:

IT WAS LOCATED SOMEPLACE NEAR THE CENTER OF THE WALKWAY.

# 110 Q:

MR. HARRIS HAS A ROVING ARROW, AND PERHAPS YOU COULD DIRECT IT.

# 111 A:

LOWER, OVER MORE TO THE RIGHT. IN THAT AREA SOMEPLACE (INDICATING).

# 112 MR. SCHECK:

OKAY. CAN WE MAKE A MARK?

# 113 Q:

BY MR. SCHECK: ALL RIGHT. NOW, THAT IS THE LOCATION WHERE YOU FOUND THE BONITA ECUADOR LABEL?

# 114 A:

AROUND THERE, YES.

# 115 Q:

AND YOU COLLECTED THAT?

# 116 A:

YES.

# 117 Q:

YOU THOUGHT THAT WAS RELEVANT EVIDENCE?

# 118 A:

I COLLECTED THAT AT THE REQUEST OF DETECTIVE LANGE.

KEY QUOTE

# 119 Q:

SO DETECTIVE LANGE THOUGHT THAT WAS RELEVANT EVIDENCE?

# 120 A:

YES.

# 121 Q:

DID YOU AGREE WITH HIS JUDGMENT?

# 122 A:

I DIDN'T QUESTION IT.

# 123 Q:

YOU DIDN'T QUESTION IT?

# 124 A:

THAT'S CORRECT.

# 125 Q:

AND GENERALLY SPEAKING, MR. FUNG, YOU DON'T QUESTION THE JUDGMENT OF THE HOMICIDE DETECTIVES, DO YOU?

# 126 MR. GOLDBERG:

IT'S A LITTLE OVERBROAD.

# 127 THE COURT:

SUSTAINED.

# 128 Q:

BY MR. SCHECK: SO YOU PICKED UP THE BONITA ECUADOR LABEL, BUT YOU'RE TELLING US YOU'RE NOT SURE WHETHER OR NOT YOU WOULD HAVE PICKED UP THE PIECE OF PAPER IN THAT PHOTOGRAPH?

# 129 MR. GOLDBERG:

THAT'S ARGUMENTATIVE.

# 130 THE COURT:

SUSTAINED.

# 131 MR. SCHECK:

OKAY. I GUESS WE'LL PRINT THAT OUT AND MARK THIS -- MAYBE -- SHOULD WE PUT A "BE" OVER THAT LITTLE SPOT AS BONITA ECUADOR?

# 132 MR. GOLDBERG:

YOUR HONOR, I DON'T KNOW IF THE TELESTRATOR DOES THIS, BUT I THINK IT'S IMPORTANT FOR THE RECORD TO INDICATE WHAT SECTION OF THE PHOTOGRAPH IS BLOCKED OFF. I DON'T KNOW IF THAT'S DONE ONCE THEY PRINT IT OUT.

# 133 MR. SCHECK:

IT WILL BE ON THE PRINT.

# 134 THE COURT:

ALL RIGHT. PROCEED.

# 135 Q:

BY MR. SCHECK: NOW, MR. FUNG, WHAT IS TRACE EVIDENCE?

# 136 THE COURT:

I AM SORRY. EXCUSE ME. WE NEED TO MARK THIS. WHY DON'T WE -- SINCE IT IS A COPY OF THE PEOPLE'S EXHIBIT, LET'S MAKE THIS 55-A. 55-B? ALL RIGHT. 55-B.

# 137 THE CLERK:

A AND B.

# 138 THE COURT:

A AND B? GREAT. ALL RIGHT.

# 139 (PEO'S 55-A AND 55-B FOR ID = PRINT OF PHOTO)

# 140 THE COURT:

MR. SCHECK.

# 141 Q:

BY MR. SCHECK: WHAT IN YOUR JUDGMENT IS TRACE EVIDENCE? HOW DO YOU DEFINE THAT TERM?

# 142 A:

TRACE EVIDENCE -- EXAMPLES OF TRACE EVIDENCE ARE HAIR, FIBER, PAINT, CHIPS OF GLASS, MINERAL SOIL, THAT TYPE OF THING.

# 143 Q:

WELL, WOULD YOU AGREE THAT TRACE EVIDENCE CAN BE THOUGHT OF AS EVIDENCE OCCURRING IN SIZES SO SMALL THAT IT CAN BE TRANSFERRED BETWEEN TWO SURFACES WITHOUT BEING NOTICED?

# 144 A:

SOME FORMS OF TRACE EVIDENCE, YES?

# 145 Q:

MANY FORMS?

# 146 A:

YES.

# 147 Q:

HAIRS?

# 148 A:

YES.

# 149 Q:

FIBERS?

# 150 A:

YES.

# 151 Q:

AND HOW DO YOU DEFINE "TRANSFER EVIDENCE"?

# 152 A:

I'VE HEARD THE TERM, BUT I CAN'T GIVE YOU THE EXACT DEFINITION. I'D HAVE TO LOOK IT UP.

# 153 Q:

WOULD YOU AGREE THAT TRANSFER EVIDENCE STRICTLY SPEAKING IS EVIDENCE WHICH IS EXCHANGED AS A RESULT OF CONTACT BETWEEN TWO OBJECTS?

# 154 A:

THAT CAN BE ONE DEFINITION, YES.

# 155 Q:

UH-HUH. AND TRACE EVIDENCE, SMALL HAIRS AND FIBERS, CAN OFTEN BE TRANSFER EVIDENCE AS WELL. IN OTHER WORDS --

# 156 A:

YES.

# 157 Q:

YES. AND THAT'S SOMETHING THAT YOU AS A CRIMINALIST IS VERY CONCERNED ABOUT, TRACE EVIDENCE?

# 158 MR. GOLDBERG:

OVERBROAD.

# 159 THE COURT:

OVERRULED.

# 160 DENNIS FUNG:

I AM CONCERNED WITH TRACE EVIDENCE, YES.

# 161 Q:

BY MR. SCHECK: WHEN YOU APPROACH A CRIME SCENE, YOU ARE VERY CONCERNED ABOUT TRACE EVIDENCE BECAUSE IT IS FRAGILE?

# 162 A:

YES.

# 163 Q:

AND BECAUSE IT CAN BE EASILY TRANSFERRED FROM ONE OBJECT TO THE OTHER IF THE CRIMINALIST OR OTHERS ON THE SCENE ARE NOT CAREFUL?

# 164 A:

YES.

# 165 Q:

AND THERE IS SOMETHING KNOWN AS SECONDARY TRANSFER; IS THERE NOT?

# 166 A:

I HAVE HEARD THAT TERM ALSO.

# 167 Q:

AND WOULD SECONDARY TRANSFER REFER TO A SITUATION WHERE TRACE EVIDENCE COULD GET ON A PERSON'S CLOTHING OR LET'S SAY A TOWEL, FOR EXAMPLE, AND THEN BE TRANSFERRED TO ANOTHER LOCATION AND FALL OFF ON ANOTHER OBJECT OF EVIDENCE? THAT WOULD BE A SECONDARY TRANSFER?

# 168 A:

YES.

# 169 Q:

AND AS A CRIMINALIST, YOU ARE VERY CONCERNED ABOUT NOT CONTAMINATING A CRIME SCENE WITH TRACE EVIDENCE BY WAY OF A SECONDARY TRANSFER?

# 170 A:

IF IT IS A CRIME SCENE WHERE TRACE EVIDENCE IS OF SIGNIFICANCE, YES.

# 171 Q:

THIS WAS A CRIME SCENE WHERE TRACE EVIDENCE WAS SIGNIFICANT?

# 172 A:

CERTAIN ASPECTS OF THE CRIME SCENE WERE IMPORTANT FOR TRACE EVIDENCE, YES.

# 173 Q:

THE SMALL AREA AT BUNDY WHERE THE TWO VICTIMS WERE FOUND, THAT AREA WAS ONE OF CONCERN WITH RESPECT TO TRACE EVIDENCE?

# 174 A:

AREAS OF THAT -- AREAS WITHIN WHAT YOU DESCRIBED WERE VERY IMPORTANT FOR TRACE EVIDENCE, YES.

# 175 Q:

VERY IMPORTANT?

# 176 A:

VERY.

# 177 Q:

VERY IMPORTANT IN TERMS OF THE CLOTHES OF THE VICTIMS?

# 178 A:

YES.

# 179 Q:

VERY IMPORTANT IN TERMS OF THAT GLOVE THAT WAS FOUND AT BUNDY?

# 180 A:

YES.

# 181 Q:

VERY IMPORTANT IN TERMS OF THAT KNIT HAT?

# 182 A:

YES.

# 183 Q:

VERY IMPORTANT IN TERMS OF ALL THE PHYSICAL OBJECTS THAT SURROUNDED THE VICTIMS IN THAT VERY SMALL ENCLOSED CRIME SCENE?

# 184 MR. GOLDBERG:

THAT'S OVERBROAD.

# 185 THE COURT:

OVERRULED.

# 186 DENNIS FUNG:

SOME ITEMS OF EVIDENCE TEND TO BE MORE USEFUL FOR TRACE EVIDENCE THAN OTHERS.

# 187 Q:

BY MR. SCHECK: WELL, THESE WERE ITEMS THAT YOU ANTICIPATED AS SOON AS YOU GOT THERE WOULD BE IMPORTANT IN TERMS OF TRACE EVIDENCE?

# 188 MR. GOLDBERG:

OBJECTION. VAGUE AS TO --

# 189 THE COURT:

SUSTAINED.

# 190 Q:

BY MR. SCHECK: THE GLOVE, THE HAT, THE CLOTHING OF THE VICTIMS, THE OBJECTS SURROUNDING THE VICTIMS, AS SOON AS YOU ARRIVED AT THE CRIME SCENE AND SAW ALL OF THAT, YOU KNEW THESE OBJECTS WOULD BE IMPORTANT IN TERMS OF COLLECTING THEM FOR TRACE EVIDENCE?

# 191 MR. GOLDBERG:

STILL VAGUE AND OVERBROAD AS TO THE OBJECTS.

# 192 THE COURT:

SUSTAINED. WHEN YOU SAY "OBJECTS ALL AROUND," I MEAN THAT'S WAY TOO BIG. JUST STICK WITH THE SPECIFICS.

# 193 MR. SCHECK:

WE'LL STICK WITH THE SPECIFICS. THANK YOU, YOUR HONOR.

# 194 Q:

BY MR. SCHECK: THE GLOVE, THE HAT, THE CLOTHING OF THE VICTIMS, ALL THOSE WERE IMPORTANT IN TERMS OF TRACE EVIDENCE?

# 195 A:

YES.

# 196 Q:

NOW, WHEN YOU ARRIVED AT THE CRIME SCENE, YOU SAW THAT THERE WAS A BLANKET OVER THE BODY OF NICOLE BROWN SIMPSON?

# 197 A:

I DON'T KNOW -- I DON'T RECALL BEING THERE THAT SOON. WHEN I GOT THERE, THE BODY OF MISS SIMPSON WAS BEING PROCESSED.

# 198 Q:

WHERE -- WHEN WAS THE FIRST TIME YOU SAW THE BLANKET?

# 199 A:

I SAW THE BLANKET WHEN IT WAS ON THE GROUND.

# 200 Q:

IT WAS ON THE GROUND IN THE AREA WHERE MISS SIMPSON'S BODY WAS?

# 201 A:

YES.

# 202 Q:

AND YOU CAME TO LEARN IN YOUR INVESTIGATION THAT DAY THAT THE BLANKET HAD BEEN USED TO COVER THE BODY?

# 203 A:

YES.

# 204 Q:

AND YOU CAME TO LEARN THAT THAT BLANKET HAD COME FROM THE HOME OF NICOLE BROWN SIMPSON?

# 205 A:

I DID NOT KNOW THAT.

# 206 Q:

HAVE YOU FOUND THAT OUT?

# 207 A:

SINCE THEN, YES.

# 208 Q:

AND DID YOU MAKE ANY INQUIRY ON THAT DAY ABOUT WHERE THAT BLANKET HAD COME FROM?

# 209 A:

NO, I DIDN'T.

# 210 Q:

AND WOULD YOU AGREE, SIR, THAT A BLANKET OF THAT KIND IS A SOURCE OF -- A POSSIBLE SOURCE OF SECONDARY TRANSFER?

# 211 A:

POSSIBLY.

# 212 Q:

AND THAT IF MR. SIMPSON HAD BEEN IN THAT HOME AND BEEN SITTING, LYING ON THAT BLANKET, HIS HAIRS COULD BE IN THAT BLANKET?

# 213 MR. GOLDBERG:

CALLS FOR SPECULATION, YOUR HONOR.

# 214 THE COURT:

SUSTAINED.

# 215 Q:

BY MR. SCHECK: WELL, WITHIN YOUR EXPERTISE, IS THAT THE KIND OF BLANKET THAT IF SOMEBODY WERE SITTING ON IT, LYING ON IT, ONE WOULD EXPECT TO FIND HAIRS THAT THEY HAD SHED ON THE BLANKET?

# 216 MR. GOLDBERG:

OBJECTION. CALLS FOR SPECULATION.

# 217 THE COURT:

SUSTAINED.

# 218 Q:

BY MR. SCHECK: WELL, IN YOUR EXPERTISE AS A CRIMINALIST, DO YOU HAVE TO MAKE JUDGMENTS ABOUT DIFFERENT KINDS OF ITEMS THAT CAN BE SOURCES OF POSSIBLE SECONDARY TRANSFER?

# 219 A:

YES.

# 220 Q:

YOU HAVE TO WORRY ABOUT SUCH OBJECTS BEING BROUGHT INTO CRIME SCENES?

# 221 A:

YES.

# 222 Q:

YOU HAVE TO BE WORRIED ABOUT SUCH OBJECTS BEING BROUGHT INTO CRIME SCENES BECAUSE THEY CAN BE A SOURCE OF CONTAMINATION?

# 223 A:

YES.

# 224 Q:

AND IF THIS BLANKET HAD HAIRS FROM MR. SIMPSON, THAT COULD HAVE BEEN BROUGHT TO THE CRIME SCENE BY WAY OF PUTTING THE BLANKET THERE?

# 225 MR. GOLDBERG:

SAME OBJECTION, YOUR HONOR.

# 226 THE COURT:

SUSTAINED.

# 227 MR. SCHECK:

EXCUSE ME ONE MOMENT.

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

# 229 Q:

BY MR. SCHECK: LET ME ASK YOU A HYPOTHETICAL QUESTION. ASSUMING THAT MR. SIMPSON HAD BEEN IN THE HOME AT BUNDY AND ON A NUMBER OF OCCASIONS HAD SAT OR LAY ON THAT BLANKET AND SHED HAIRS ON THAT BLANKET AND THEN THAT BLANKET WAS TAKEN AND PUT RIGHT IN THE MIDDLE OF THIS CRIME SCENE, IN YOUR EXPERT OPINION, COULD THAT BE A SOURCE OF CROSS CONTAMINATION OF MR. SIMPSON'S HAIRS TO THIS CRIME SCENE?

# 230 MR. GOLDBERG:

YOUR HONOR, I MAKE THE SAME OBJECTION. CAN WE APPROACH?

# 231 THE COURT:

YES. WITH THE COURT REPORTER.

Temperature

tense

Key Quotes (4)

Dennis Fung

COULD HAVE BEEN A MISTAKE.

Fung conceding that failing to collect the piece of paper near Nicole's body was a mistake — the exact admission Scheck was driving toward through repeated questioning.

Dennis Fung

I COLLECTED THAT AT THE REQUEST OF DETECTIVE LANGE.

Reveals that Fung collected the Bonita Ecuador label not on his own criminalist judgment but because a detective told him to — undercutting his independence and expertise.

Dennis Fung

LOOKING AT THE PICTURE AND THE CONDITION OF THE PAPER, I PROBABLY WOULD HAVE COLLECTED IT.

Fung's hedged admission, forced out after repeated pressing, that he would have picked up the uncollected paper — implying its absence from the evidence log is a failure.

Dennis Fung

I CAN'T MAKE OUT IF THAT'S DETECTIVE FUHRMAN THERE OR NOT.

Fung refuses to identify the figure pointing at the Bundy glove in People's 55, sidestepping a potentially explosive confirmation.

Evidence (5)

People's 55

Photograph of the Bundy crime scene showing an individual pointing at the glove and a piece of paper near Nicole Brown Simpson's body

displayed via ELMO/telestrator; used to highlight uncollected paper

People's 55-A and 55-B

Printed telestrator-annotated copies of People's 55 marked during testimony

marked for identification

Informal

Piece of paper visible near Nicole Brown Simpson's body and envelope in People's 55; never collected as evidence

challenged — Scheck argues it should have been collected for shoe impressions, fingerprints, and possible relevance to the killer

Informal

Bonita Ecuador label collected from Bundy walkway at Detective Lange's request

discussed — used to contrast Fung's willingness to collect minor items versus failure to collect the paper

Informal

Blanket from Nicole Brown Simpson's home placed over her body at the crime scene

challenged as potential source of secondary transfer of OJ Simpson's hairs into the crime scene

Notable Exchanges (3)

Barry Scheck•Dennis Fung

Scheck uses a telestrator arrow to direct Fung to a piece of paper in People's 55 near the body, then methodically extracts admissions: Fung would have examined it for shoe impressions, checked for writing, examined it for fingerprints, and that not collecting it 'could have been a mistake.'

strategic

Barry Scheck•Dennis Fung

Scheck contrasts Fung's collection of the Bonita Ecuador label (at a detective's request) with his failure to collect the paper near the body — forcing Fung to admit he defers to detective judgment rather than exercising independent criminalist expertise.

revealing

Barry Scheck•Dennis Fung•Hank Goldberg

Scheck builds toward a hypothetical about the blanket from Nicole's home being a secondary transfer vector for OJ Simpson's hairs — Goldberg sustains repeated speculation objections, and the session ends mid-argument with a bench approach.

strategic

Light Moments (2)

Lance A. Ito

Judge Ito quips 'MUCH AS I TRUST MR. HARRIS' before allowing him to operate the telestrator, drawing a mild laugh from the courtroom.

Barry Scheck

Scheck deliberates aloud about who should operate the telestrator: 'I'M GOING TO ATTEMPT TO USE THE TELESTRATOR. ACTUALLY I THINK I'M BETTER OFF HAVING MR. HARRIS USE IT.'

Credibility Attacks (2)

⚔ Dennis Fung

competence/omission

Scheck uses People's 55 to show Fung failed to collect a piece of paper near Nicole's body despite it meeting every criterion for relevant evidence — shoe impressions, fingerprints, proximity to victims. Fung can only say he 'probably' would have collected it.

⚔ Dennis Fung

deference to non-expert authority

Fung admits he collected the Bonita Ecuador label not on his own judgment but because Detective Lange told him to, and that he generally doesn't question homicide detectives — undermining his claimed role as an independent criminalist expert.

Witness Demeanor

Fung is evasive and hedged throughout, favoring 'possibly,' 'probably,' and 'I might have' over direct answers

He asks clarifying questions to buy time: 'I MEAN, IS THERE SOMETHING IN PARTICULAR YOU WANT ME TO --'

He volunteers a caveat unprompted: 'CAN I ANSWER?' before giving a hedged concession

Objections

14 objections (8 sustained, 5 overruled)

Proceeding 5619 • 231 utterances • Prosecution witness

Criminal Trial

Department 103