ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. LET THE RECORD REFLECT THAT ALL PARTIES ARE AGAIN PRESENT BEFORE THE COURT. WE HAVE BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. MR. DENNIS FUNG IS ON THE WITNESS STAND UNDERGOING CROSS-EXAMINATION BY MR. SCHECK. AND MR. SCHECK, YOU MAY RESUME WITH YOUR CROSS-EXAMINATION.
MR. FUNG, WE LEFT OFF WITH THE VIDEO THAT IS STOPPED AT 1:18:17:03. NOW, WHERE ARE YOU COMING FROM, DO YOU RECALL?
UH-HUH. AND FROM THE MOMENT THAT YOU ARRIVED AT THE CRIME SCENE TO THE POINT THAT WE SEE DEPICTED HERE, HAD YOU SEEN ANYBODY ELSE WALK THROUGH THAT CAGED-IN AREA?
IF THERE IS AN IMPRESSION IN SOIL, ONE CAN USE A VARIETY OF TECHNIQUES OF CASTING TO LIFT THOSE SHOE IMPRESSIONS FROM SOIL?
IF THERE HAD BEEN SOME KILLER OR PERPETRATOR HIDING IN THAT -- REAR OF THAT CAGED-IN AREA, THAT PERPETRATOR COULD HAVE LEFT SHOEPRINT IMPRESSIONS IN THE SOIL?
AND IF YOU HAD ARRIVED AT THE CRIME SCENE BEFORE PEOPLE BEGAN WALKING INTO THAT AREA AND HAD OBSERVED SUCH IMPRESSIONS, YOU COULD HAVE DONE A CASTING ON THEM?
AND YOU HAVE NO IDEA WHETHER ANY WERE THERE BECAUSE PEOPLE HAD BEEN WALKING IN AND OUT OF THERE BEFORE YOU ARRIVED?
BY MR. SCHECK: WERE YOU ABLE TO CONDUCT A METHODICAL SYSTEMATIC UNHURRIED INVESTIGATION OF THE SOIL OF THE CAGED-IN AREA WITH MR. GOLDMAN'S BODY IN PLACE AS IT WAS ORIGINALLY FOUND?
NOW, DO YOU RECALL WHAT YOU WERE DOING IN THAT CAGED-IN AREA JUST PRIOR TO THE PICTURE WE SEE ON THE SCREEN?
DETECTIVE LANGE HAD ASKED IF HE COULD SEE THE GLOVE FROM ROCKINGHAM AND I BROUGHT THE BAG OVER TO HIM.
AND YOU SAW THE -- BY THIS POINT I THINK YOU HAVE TOLD US THE PEOPLE FROM THE CORONER'S OFFICE HAD TURNED HER OVER?
YES. AND WAS IT THAT POINT THAT DETECTIVE LANGE COME OUT OF THIS AREA AND TALKED TO YOU OUT ON THE SIDEWALK IN FRONT OF THIS CRIME SCENE?
BUT AFTER HE REQUESTED YOU TO GO TO BRING HIM THE GLOVE -- THAT IS WHAT HE REQUESTED? HE REQUESTED THAT -- HE SAID HE WANTED TO SEE THE GLOVE FROM ROCKINGHAM?
ALL RIGHT. AND WHEN HE SAID, "I WOULD LIKE TO SEE THE GLOVE FROM ROCKINGHAM," DID YOU SAY TO HIM, "DETECTIVE LANGE, WHY DON'T YOU COME SEE IT IN THE CRIME SCENE TRUCK"?
BY MR. SCHECK: AT THE TIME THAT DETECTIVE LANGE CAME TO YOU AND ASKED YOU TO SHOW HIM THE ROCKINGHAM GLOVE, DID YOU SAY TO HIM, "DETECTIVE LANGE, WHY DON'T YOU COME SEE IT AT THE CRIME SCENE TRUCK, IT IS NOT A VERY GOOD IDEA FOR ME TO BRING THIS GLOVE FROM ROCKINGHAM INTO THE MIDDLE OF THE BUNDY CRIME SCENE"?
WHEN HE WANTED ME TO REMOVE OR -- WANTED TO GET A BETTER LOOK AT THE GLOVE FROM ROCKINGHAM, I TOLD HIM TO -- THAT I WOULD NOT REMOVE THE GLOVE FROM THE BAG, IT WOULD HAVE TO REMAIN IN THE BAG, AND IF HE WANTED TO SEE A BETTER LOOK OF IT, THAT HE WOULD HAVE TO SEE IT IN THE CRIME SCENE TRUCK.
WELL, AT THE MOMENT THAT HE ASKED YOU TO GO SHOW HIM THE GLOVE AND BRING IT BACK INTO THE MIDDLE OF THE CRIME SCENE, YOU KNEW THAT WAS NOT A VERY GOOD IDEA, DIDN'T YOU?
BY MR. SCHECK: MR. FUNG, WHEN DETECTIVE LANGE REQUESTED THAT YOU BRING THE GLOVE INTO THE MIDDLE OF THE BUNDY CRIME SCENE TO SHOW IT TO HIM, YOU HAD CONCERNS THAT THERE WAS A TERRIBLE DANGER OF CROSS-CONTAMINATION?
AND YOU KNEW WHEN HE MADE THAT REQUEST OF YOU THAT THAT REQUEST WAS A BASIC VIOLATION OF SOUND CRIME SCENE PROCEDURES?
WELL, WHEN HE MADE THAT REQUEST TO YOU, DIDN'T YOU SAY TO YOURSELF, IT IS FOOLISH TO EVEN TAKE A CHANCE IN BRINGING THAT GLOVE INTO THE MIDDLE OF THE BUNDY CRIME SCENE?
NO. MY QUESTION TO YOU IS A SIMPLE ONE, SIR. WHEN HE MADE THAT REQUEST TO YOU, YOU KNEW IT WAS NOT A SENSIBLE REQUEST?
BY MR. SCHECK: DID YOU THINK AT THE MOMENT THAT HE MADE THAT REQUEST TO YOU IT WAS CREATING A RISK OF UNNECESSARY -- AN UNNECESSARY RISK OF CONTAMINATION?
I KNEW THERE WAS A RISK, BUT IT WAS IMPORTANT TO HIM AT THAT TIME TO FURTHER HIS INVESTIGATION.
BY MR. SCHECK: WELL, WHEN HE MADE THAT REQUEST TO YOU DIDN'T YOU BELIEVE IT WAS AN UNNECESSARY RISK TO TAKE, THAT HE COULD HAVE JUST COME BACK RIGHT TO THE TRUCK AND SEE IT?
BY MR. SCHECK: MR. FUNG, WERE YOU IN ANY WAY FEARFUL OF QUESTIONING DETECTIVE LANGE'S JUDGMENT WHEN HE ASKED YOU TO BRING THAT ROCKINGHAM GLOVE RIGHT INTO THE MIDDLE OF THE BUNDY CRIME SCENE?
WERE YOU IN ANY WAY RELUCTANT TO QUESTION HIS JUDGMENT EVEN THOUGH YOU BELIEVED IT WAS NOT -- IT WAS A DANGEROUS REQUEST?
I DID HAVE SOME CONCERN AND I TOOK WHAT I FELT WAS -- I DREW A LINE WHERE I WOULD NOT TAKE THE BAG OR TAKE THE GLOVE OUT OF THE BAG FOR HIM.
WELL, AT THE MOMENT HE MADE THE REQUEST TO YOU, YOU ARE NOW TELLING US THAT YOU HAD CONCERNS?
BY MR. SCHECK: DID YOU EXPRESS ANY CONCERNS TO DETECTIVE LANGE AT THE MOMENT THAT HE ASKED YOU TO GO TO THE CRIME SCENE TRUCK AND BRING THE GLOVE INTO THE MIDDLE OF THE BUNDY CRIME SCENE?
NOW, YOU BROUGHT THE GLOVE -- HOW DID YOU GET WITH THE -- THAT BAG THAT YOU HAVE IN YOUR HAND, THAT IS THE ROCKINGHAM GLOVE?
WELL, HOW DID YOU COME -- NOT JUST TO TAKE THE GLOVE FROM THE TRUCK TO THE AREA OF -- OF IN FRONT OF THE STEPS, BUT ALL THE WAY IN BACK, ALL THE WAY INTO THAT CAGED-IN AREA? HOW DID THAT COME ABOUT?
I DON'T EXACT -- I DON'T KNOW THE EXACT ROUTE THAT I TOOK. I PROBABLY CAME IN THROUGH THE SAME WAY I CAME IN OR EXITED.
COULD YOU HAVE -- COULD THAT SHOT WITH YOU WITH THE BAG IN YOUR HAND BE OF THE PAGER IN THE BAG?
NO? YOU HAVE A DISTINCT RECOLLECTION THAT YOU ACTUALLY TOOK THE ROCKINGHAM GLOVE IN A BAG, WALKED INTO THE CRIME SCENE AREA, WENT INTO THE CAGED-IN AREA AND THEN WERE COMING OUT AS WE SEE DEPICTED IN THIS SHOT WITH THE ROCKINGHAM GLOVE IN THE BAG?
UMM, ARE YOU AWARE THAT BEFORE YOU CAME HERE DETECTIVE LANGE TESTIFIED THAT IT WAS THE ROCKINGHAM GLOVE IN THAT BAG?
SO AS I UNDERSTAND IT, WHAT YOU ARE TELLING US, IS THAT WHEN DETECTIVE LANGE MADE THIS REQUEST TO YOU, YOU RESOLVED IN YOUR OWN MIND, ALL RIGHT, I KNOW IT IS DANGEROUS, BUT I WILL BRING THE GLOVE INTO THE AREA OF THE CRIME SCENE, BUT I WON'T OPEN IT UP FOR HIM?
HAIRS AND FIBERS THAT MAY GET ON CLOTHING OF PEOPLE THAT ARE GATHERING EVIDENCE CAN BECOME AIRBORNE? THAT IS HOW THE TRANSFER OCCURS, RIGHT?
AND WEREN'T YOU CONCERNED ABOUT OPENING UP THE BAG WITH THE ROCKINGHAM GLOVE IN THE SAME AREA WHERE PEOPLE WERE MILLING AROUND GATHERING AND HANDLING THE EVIDENCE AT THE BUNDY CRIME SCENE?
BY MR. SCHECK: ALL RIGHT. WEREN'T YOU CONCERNED ABOUT TAKING THE BAG WITH THE ROCKINGHAM GLOVE AND OPENING IT UP WHILE EVIDENCE COLLECTORS WERE IN THE AREA?
WELL, THERE ARE OTHER PEOPLE THERE FROM THE CORONER'S OFFICE WHO WERE IN THE AREA WHEN YOU MIGHT HAVE OPENED UP THAT BAG, RIGHT?
WELL, REGARDLESS OF THEIR PURPOSE, THEY ARE PEOPLE THAT COULD HAVE TRACE EVIDENCE ON THEIR CLOTHING WHICH COULD BECOME AIRBORNE?
TRACE EVIDENCE IS USUALLY MADE THROUGH CONTACT, SUCH AS RUBBING ONE ITEM AGAINST ANOTHER. I -- I'M NOT -- IT CAN HAPPEN THROUGH AIRBORNE, BUT THAT IS NOT THE USUAL WAY FOR --
YOU ARE SAYING IN YOUR EXPERIENCE AND BASED ON YOUR EXPERTISE AND KNOWLEDGE IT IS NOT A CONCERN OF YOURS THAT THESE HAIRS AND FIBERS COULD BE -- THAT HAIRS AND FIBERS CAN BE TRANSFERRED OFF PEOPLE'S CLOTHING WHEN THEY ARE MOVING AROUND AND FALL ONTO OTHER AREAS?
BY MR. SCHECK: DETECTIVE -- DETECTIVE -- I'M SORRY. MR. FUNG, WEREN'T YOU SERIOUSLY CONCERNED THAT IT WAS AN UNNECESSARY RISK TO OPEN UP THAT BAG CONTAINING THE ROCKINGHAM GLOVE IN THE BUNDY CRIME SCENE TO GIVE DETECTIVE LANGE A LOOK?
I DID HAVE MY CONCERNS AND I TOLD YOU I WAS GOING TO BE CAREFUL IF I DID HAVE TO OPEN UP THE BAG.
WELL, YOU ARE TELLING US NOW -- IS IT YOUR TESTIMONY YOU CAN'T REMEMBER WHETHER OR NOT YOU OPENED UP THE BAG?
BY MR. SCHECK: DIDN'T YOU TELL US JUST A FEW MINUTES AGO YOU DON'T RECALL WHETHER OR NOT YOU OPENED UP THE BAG TO HAVE DETECTIVE LANGE LOOK INTO IT?
IT IS FAIR ENOUGH TO SAY, ISN'T IT, THAT IF YOU WOULD HAVE DONE THAT, THAT WOULD HAVE BEEN A MISTAKE?
WELL, WOULDN'T THAT BE SOMETHING THAT YOU WERE DOING AGAINST YOUR BETTER JUDGMENT AT THE REQUEST OF DETECTIVE LANGE?
AND ISN'T IT TRUE, SIR, THAT YOU WERE RELUCTANT TO JUST TELL DETECTIVE LANGE, LOOK, I'M NOT BRINGING IT TO THE SCENE, COME LOOK AT IT AT THE TRUCK?
BY MR. SCHECK: YOU HAD NO -- AND AT THAT BUNDY CRIME SCENE DID YOU AT ANY POINT HAVE RELUCTANCE TO QUESTION DETECTIVE LANGE'S JUDGMENT ABOUT WHAT SHOULD BE DONE IN TERMS OF GATHERING EVIDENCE?
YOU WERE RELUCTANT TO QUESTION HIS JUDGMENT ABOUT WHAT SHOULD BE DONE IN TERMS OF GATHERING EVIDENCE?
YOU DID QUESTION HIS JUDGMENT? COULD YOU TELL US ABOUT WHEN AND HOW YOU QUESTIONED HIS JUDGMENT?
NO. I -- THERE WERE -- THERE WERE -- THERE ARE -- YOU ALWAYS SECOND GUESS SOMEBODY WHEN YOU ARE GOING INTO A CAME SCENE, SAY, HUM, WAS THIS DONE, WAS THAT DONE, AND YOU ASK THEM WHAT WAS DONE AND WHAT WASN'T DONE.
ALL RIGHT. CAN YOU TELL US WHICH QUESTIONS YOU ASKED DETECTIVE LANGE THAT IN YOUR TERMS WERE SECOND GUESSES?
WELL, I THOUGHT YOU WERE QUESTIONING -- THESE ARE MATTERS WHERE YOU WERE QUESTIONING HIS JUDGMENT, RIGHT?
BY MR. SCHECK: I'M ASKING YOU FOR THINGS WHERE YOU WERE QUESTIONING HIS JUDGMENT. TELL US ABOUT SECOND GUESSES YOU MADE OF DETECTIVE LANGE.
YOUR HONOR, I WOULD ASK THAT THE WITNESS BE ALLOWED TO CONTINUE HIS ANSWER TO THE FIRST QUESTION.
WERE YOU ABLE TO SEE, AS YOU ARE WALKING WITH YOUR HEAD DOWN, THE POSITION OF THE GLOVE AND THE HAT?
WELL, IN THAT AREA WAS THERE NOT A GLOVE AND THE HAT AND THE ENVELOPE THAT CONTAINED THE PRESCRIPTION GLASSES?
OKAY. OTHER THAN -- SO YOU DON'T KNOW IF YOU WERE LOOKING DOWN AT THOSE OBJECTS AT THAT TIME?
YOUR HONOR, BEFORE WE DO THAT, PERHAPS THE FRAME NUMBER SHOULD BE PUT ON THE RECORD.
AND DO YOU KNOW WHERE HE IS STANDING IN RELATIONSHIP TO THE ENVELOPE AND THE GLOVE, AS BEST YOU CAN SEE IT?
AND YOU ARE NOW WIPING -- YOU JUST WIPED SWEAT FROM YOUR BROW AND WERE GRASPING YOUR GLASSES; IS THAT CORRECT?
NOW, DO YOU RECALL WHETHER PHOTOGRAPHS WERE BEING TAKEN NOW OF MR. GOLDMAN'S BODY, VARIOUS PARTS OF IT?
ALL RIGHT. NOW, I -- YOU ARE HAVING A CONVERSATION AND WERE LAUGHING WITH A FEW GENTLEMEN THERE. DO YOU KNOW WHAT THAT WAS ABOUT? DO YOU RECALL?
AND THAT MAN IN THE RED HAIR IN THE BLUE BLAZER, THAT IS CHIEF FORENSIC CHEMIST JOHNSON; IS THAT CORRECT?
AND AT THE TIME THAT MR. GOLDMAN'S BODY BEING MOVED OUT AND DETECTIVE LANGE IS WALKING THROUGH THE SCENE, YOU ARE LOOKING BACK, DO YOU RECALL SEEING THE LOCATION OF THE ENVELOPE, THE GLOVE AND THE HAT?
OKAY. NOW, YOU SEE DETECTIVE LANGE WALKING BACK THROUGH AS THE BODY IS BEING TAKEN AWAY. I THINK WE CAN CUT IT NOW. THANK YOU VERY MUCH, MR. HARRIS. NOW, DO YOU KNOW -- HAVE YOU EVER HEARD THE TERM "CLOSE-IN CRIME SCENE"?
WELL, DID YOU EVER HAVE A DISCUSSION WITH DETECTIVE LANGE AS TO HIS APPROACH TO GATHERING EVIDENCE AT THIS BUNDY CRIME SCENE ON THE MORNING OF JUNE 13TH?
WELL, WHEN YOU ARRIVED AT THE SCENE, YOU HAD A DISCUSSION WITH DETECTIVE LANGE ABOUT THE CRIME SCENE AND HOW TO PROCEED?
HE GAVE ME A BRIEFING AS TO THE TYPE OF EVIDENCE THAT HE WANTED COLLECTED AND WHAT HE FELT WAS IMPORTANT AND WHAT AREAS WERE PRESERVED, YES.
DID HE EVER EXPRESS THE VIEW TO YOU THAT THIS WAS A CLOSE-IN CRIME SCENE WHERE EVIDENCE WAS CLOSE TO THE VICTIMS AND THAT HE HAD MADE A DETERMINATION FOR THAT REASON TO REMOVE THE VICTIMS PRIOR TO COLLECTING THE EVIDENCE BECAUSE OF THE FACT THAT THE EVIDENCE AND THE VICTIMS WERE CLOSE TO EACH OTHER?
WELL, DID HE EVER EXPRESS THE VIEW TO YOU THAT THE REASON THAT IT WAS APPROPRIATE TO REMOVE THE BODY BEFORE COLLECTING THE EVIDENCE IS THAT THIS WAS A CLOSE-IN CRIME SCENE OR THIS WAS A CRIME SCENE WHERE SINCE THE BODIES OF THE VICTIMS AND THE EVIDENCE WERE CLOSE TOGETHER, IT WAS SENSIBLE TO REMOVE THE BODIES BEFORE COLLECTING THE EVIDENCE?
DID DETECTIVE LANGE EVER EXPRESS THE VIEW TO YOU THAT HE THOUGHT IT WAS APPROPRIATE AT THIS CRIME SCENE TO REMOVE THE VICTIMS PRIOR TO THE EVIDENCE BECAUSE, UMM, THE EVIDENCE WAS LOCATED CLOSE TO THE BODIES OF THE VICTIMS?
AND THAT WAS ON AN OCCASION WHEN YOU WERE HAVING A DISCUSSION WITH HIM AS TO HOW HE PROCESSED THE CRIME SCENE?
AND ON THAT OCCASION DID YOU EXPRESS THE VIEW TO HIM THAT IT WAS EXTREMELY FOOLISH TO REMOVE THE BODIES OF THE VICTIMS AND DRAG IT THROUGH THE EVIDENCE AT THE BUNDY CRIME SCENE BEFORE THE EVIDENCE WAS COLLECTED?
BY MR. SCHECK: DID YOU EXPRESS THE VIEW TO DETECTIVE LANGE THAT IN YOUR JUDGMENT AS A CRIMINALIST THE EVIDENCE SHOULD HAVE BEEN COLLECTED BEFORE THE BODIES WERE REMOVED PRECISELY BECAUSE THE EVIDENCE WERE CLOSE TO THE BODIES?
NOW, IN YOUR OPINION AS A CRIMINALIST, MR. FUNG, ISN'T IT JUST BASIC FUNDAMENTAL PRINCIPLE THAT WHEN THE EVIDENCE ARE CLOSE TO THE BODIES THAT IT IS BETTER FOR THE CRIMINALIST TO COLLECT IT, PHOTOGRAPH IT, DOCUMENT IT, BEFORE YOU REMOVE THE BODIES?
THERE ARE VERY -- THERE ARE MANY WAYS TO PROCESS A CRIME SCENE AND I DO NOT KNOW ALL THE FACTORS THAT WENT INTO DETECTIVE LANGE'S DECISION.
WELL, WHEN YOU ARRIVED AT THE BUNDY CRIME SCENE AND HAD A DISCUSSION WITH DETECTIVE LANGE, WEREN'T YOU AT ALL CONCERNED THAT THE BODIES WERE BEING REMOVED WHEN THEY WERE IN SUCH CLOSE PROXIMITY TO THE EVIDENCE THAT YOU WERE GOING TO HAVE TO COLLECT?
NOW, WE JUST SAW A PICTURE WHERE YOU ARE STANDING THERE WITH CHIEF FORENSIC CHEMIST STEVEN JOHNSON?
AND YOU WERE STANDING AROUND THIS CRIME SCENE WHILE MR. GOLDMAN'S BODY WAS BEING REMOVED FROM THE SOIL CAGED-IN AREA?
AND THAT OPENING BETWEEN THE GATE AND THE BEGINNING OF THE CONCRETE STAIRWELL IS ABOUT THIRTY INCHES, ISN'T IT?
AND DIDN'T YOU HAVE PROFOUND CONCERNS THAT IN MOVING MR. GOLDMAN'S BODY THROUGH THAT AREA THEY WERE GOING TO MOVE -- THEY WERE GOING TO ALTER THE CONDITION OF THE GLOVE AND THE HAT AND THE ENVELOPE THAT WAS RIGHT AGAINST THE TILE?
COUNSEL, WHEN I SPEAK AND RULE ON AN OBJECTION, JUST FOR THE RECORD LET ME FINISH BEFORE YOU LAUNCH INTO THE NEXT QUESTION.
BY MR. SCHECK: ALL RIGHT. DID YOU HAVE A CONCERN THAT WHEN MR. GOLDMAN'S BODY WAS GOING TO BE TAKEN THROUGH THIS THIRTY-INCH AREA THAT IT COULD DISTURB, ALTER THE PRESCRIPTION ENVELOPE, THE GLOVE AND THE KNIT HAT.
ALL RIGHT. MR. SCHECK, I'M SORRY, I NEED TO INTERRUPT YOU JUST FOR A MOMENT. WE NEED TO TAKE A BRIEF COMFORT BREAK.
THE LAST QUESTION WAS DID YOU HAVE CONCERN THAT WHEN MR. GOLDMAN'S BODY WAS GOING TO BE TAKEN THROUGH THE THIRTY-INCH AREA THAT IT COULD DISTURB OR ALTER THE ENVELOPE CONTAINING THE PRESCRIPTION EYEGLASSES, THE GLOVE AND THE KNIT HAT?
I DID NOT HAVE AN OPPORTUNITY TO BE CONCERNED BECAUSE MR. GOLDMAN WAS MOVED BY THE TIME I GOT BACK FROM THE CRIME SCENE TRUCK.
DID YOU EXPRESS CONCERN TO DETECTIVE LANGE, WELL, WHATEVER YOU DO, DON'T MOVE MR. GOLDMAN'S BODY OR THE BODY OF THE SECOND VICTIM THERE THROUGH THIS THIRTY-INCH AREA WHERE YOU HAVE THE GLOVE, THE ENVELOPE AND THE HAT?
BY MR. SCHECK: DID YOU THINK AT THE TIME THAT THAT WAS A MATTER THAT SHOULD BE BROUGHT TO HIS ATTENTION?
BY MR. SCHECK: WELL, WERE YOU SHOCKED THAT HE DIRECTED THE CORONERS OR PERMITTED THE CORONERS TO MOVE MR. GOLDMAN THROUGH THAT EVIDENCE?
BY MR. SCHECK: WERE YOU CONCERNED WHEN YOU SAW THAT HE HAD PERMITTED THE CORONERS OR DIRECTED THEM TO MOVE MR. GOLDMAN'S BODY THROUGH THAT EVIDENCE?
BY MR. SCHECK: DID YOU EXPRESS THAT CONCERN TO CHIEF FORENSIC CHEMIST STEVE JOHNSON WHO WAS STANDING RIGHT THERE?
BY MR. SCHECK: DID CHIEF FORENSIC CHEMIST JOHNSON, TO YOUR KNOWLEDGE, SAY ANYTHING TO YOU ABOUT IT?
BY MR. SCHECK: NOW, ONE OF THE, UMM -- LET'S START THIS WAY: YOUR HONOR, I HAVE CUED UP TWO PICTURES THAT I HAVE SHOWN TO THE PROSECUTOR OF THE GLOVE AND I WOULD LIKE WITH THE COURT'S PERMISSION TO SHOW THEM TO THE WITNESS.
MR. FUNG, AS I GUESS I'M LOOKING AT IT HERE, TO THE LEFT IS A PHOTOGRAPH OF THE GLOVE AND THE HAT WITH AN EVIDENCE TAG THAT SAYS "102," CORRECT?
ON THE RIGHT I SEE A VERY DARK AREA NEXT TO THE GLOVE. I CAN'T MAKE IT OUT AS A HAT, THOUGH.
ALL RIGHT. AND TO THE PICTURE TO THE RIGHT, WITH THE PICTURE OF THE FINGER POINTING AT THE GLOVE, DO YOU SEE THAT?
ALL RIGHT. HAVE YOU SEEN ANY PICTURE LIKE THAT BEFORE WITH A FINGER POINTING AT THE GLOVE, PERHAPS ON THE GRAND JURY?
WELL, AT ANY TIME PRIOR TO COMING INTO THIS COURTROOM HAVE YOU SEEN THAT PICTURE -- A PICTURE LIKE THAT DEPICTING THE GLOVE IN THAT POSITION?
MY QUESTION TO YOU, SIR, IS ISN'T IT CLEAR TO YOU THAT THE PICTURE ON THE RIGHT, THE ONE WITH THE FINGER POINTING AT THE GLOVE, THE GLOVE IS IN A DIFFERENT POSITION THAN THE ONE TO THE LEFT?
YOUR HONOR, THIS VIOLATES THE BEST EVIDENCE RULE. THE PICTURE SPEAKS FOR ITSELF.
ON THE PICTURE ON THE RIGHT, THE OPENING OR WRIST PORTION APPEARS TO BE TOWARDS THE PAVEMENT AND IN THE PICTURE ON THE LEFT THE GLOVE IS IN A DIFFERENT POSITION WITH THE WRIST IN ANOTHER ORIENTATION.
KEY QUOTEI KNEW THERE WAS A DANGER FOR CROSS-CONTAMINATION, YES.
IDEALLY THE GLOVE SHOULD HAVE BEEN LOOKED AT AT THE CRIME SCENE TRUCK, YES.
I WAS CONCERNED, YES.
ON THE PICTURE ON THE RIGHT, THE OPENING OR WRIST PORTION APPEARS TO BE TOWARDS THE PAVEMENT AND IN THE PICTURE ON THE LEFT THE GLOVE IS IN A DIFFERENT POSITION WITH THE WRIST IN ANOTHER ORIENTATION.