Cross-examination of Dennis Fung (morning, part 2)

📄 Cross-examination of Dennis Fung (morning, part 2) — Wednesday, April 5, 1995

Address:

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

TRIAL

▲ Day 52 of 167

◀ Sidebar: field procedures foundation Sidebar: hearsay and relevance ▶

Witness: Dennis Fung
Examiner: Barry Scheck
Called by: Prosecution • Date: Wednesday, April 5, 1995 • Utterances: 105

Barry Scheck cross-examines criminalist Dennis Fung about the timeline of his response to the crime scenes and his adherence to department procedures. Scheck works to establish that Fung's 1-hour-40-minute response to Rockingham exceeded the department's stated goal of arriving within an hour, and attempts to probe what Fung was told by Detective Vannatter about the Bundy scene — but is repeatedly blocked by sustained hearsay objections.

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

# 2 THE COURT:

THANK YOU, COUNSEL. PROCEED.

# 3 MR. SCHECK:

THANK YOU, YOUR HONOR.

# 4 Q:

I BELIEVE YOU TOLD US YESTERDAY, SIR, THAT YOU GOT A CALL TO RESPOND ON THIS CASE AT ABOUT 5:00 A.M. FROM MISS MAZZOLA?

# 5 A:

NO.

# 6 Q:

WHAT TIME WAS IT?

# 7 A:

APPROXIMATELY 5:30.

# 8 Q:

5:30. AND AT THAT TIME WHAT DID SHE TELL YOU?

# 9 A:

SHE INFORMED ME THAT THERE WAS A SCENE WE NEEDED TO RESPOND TO IN WEST L.A. DIVISION.

# 10 Q:

ANYTHING MORE THAN THAT?

# 11 A:

I DON'T -- SHE MAY HAVE SAID IT WAS A HOMICIDE.

# 12 Q:

AND YOU THEN MET HER NEXT AT THE SID LABORATORY?

# 13 A:

YES.

# 14 Q:

SHE PICKED YOU UP I GUESS AT HOME. WAS THAT IT?

# 15 A:

NO. WE MET AT THE LABORATORY.

# 16 Q:

ALL RIGHT. AND ABOUT WHAT TIME WAS THAT?

# 17 A:

IT WAS APPROXIMATELY 6:45, AROUND THERE.

Q SO THE FIRST CALL THAT YOU GOT ABOUT THIS CASE WAS YOU ARE SAYING AT 5:35?

# 18 A:

I BELIEVE I SAID AROUND 5:30.

# 19 Q:

AROUND 5:35. AND YOU NOW REALIZE THAT THAT IS FIVE HOURS -- ABOUT FIVE HOURS, FIVE AND A HALF HOURS AFTER OFFICER RISKE FIRST DISCOVERED THE VICTIMS AT THE SCENE ON BUNDY?

# 20 MR. GOLDBERG:

CALLS FOR SPECULATION.

# 21 THE COURT:

SUSTAINED.

# 22 Q:

BY MR. SCHECK: WELL, DID -- WHEN YOU CONFERRED WITH THE DETECTIVES LATER IN THIS CASE, DID YOU EVER LEARN WHEN THE FIRST OFFICER ARRIVED AT THE SCENE?

# 23 MR. GOLDBERG:

HEARSAY.

# 24 THE COURT:

OVERRULED. YES OR NO?

# 25 DENNIS FUNG:

I DON'T RECALL BEING INFORMED OF THE EXACT TIME THAT THE BODIES WERE FOUND.

# 26 Q:

BY MR. SCHECK: WELL, WERE YOU INFORMED AS TO WHEN THE SCENE WAS SECURED?

# 27 MR. GOLDBERG:

I'M SORRY, COULD I HAVE THAT QUESTION READ BACK?

# 28 THE COURT:

YOU HAVE GOT IT RIGHT THERE IN FRONT OF YOU.

# 29 MR. GOLDBERG:

I'M SORRY, I'M NOT USED TO THIS.

KEY QUOTE

# 30 Q:

BY MR. SCHECK: WERE YOU EVER INFORMED OF WHEN THE CRIME SCENE AT BUNDY WAS FIRST SECURED?

# 31 A:

THE -- IT MAY HAVE BEEN DISCUSSED BY DETECTIVE LANGE WHEN HE GAVE ME MY WALK-THROUGH.

# 32 Q:

ALL RIGHT. WHEN YOU ARRIVED, YOU ARRIVED AT THE ROCKINGHAM LOCATION AT ABOUT 7:15?

# 33 A:

ACCORDING TO MY NOTES I ARRIVED AT ROCKINGHAM AT 7:10.

# 34 Q:

7:10. AND WHEN YOU ARRIVED AT ROCKINGHAM DID DETECTIVE VANNATTER TELL YOU THAT THERE WAS ANOTHER CRIME SCENE AT BUNDY?

# 35 A:

YES, HE DID.

# 36 Q:

AND HE TOLD YOU THAT TWO PEOPLE HAD BEEN MURDERED THERE?

# 37 MR. GOLDBERG:

YOUR HONOR, THAT CALLS FOR HEARSAY.

# 38 THE COURT:

SUSTAINED.

# 39 Q:

BY MR. SCHECK: DID YOU LEARN, IN YOUR DISCUSSIONS WITH DETECTIVE VANNATTER, THAT THERE WERE TWO VICTIMS AT BUNDY AND THE BODIES HAD BEEN DISCOVERED AT 12:00?

# 40 MR. GOLDBERG:

SAME OBJECTION.

# 41 THE COURT:

SUSTAINED.

# 42 Q:

BY MR. SCHECK: IS THERE ANY REQUIREMENT THAT THE CRIMINALISTS SHOULD ARRIVE AT THE CRIME SCENE AS SOON AS POSSIBLE?

# 43 A:

A REQUIREMENT?

Q YES. ANY RULES OR PROCEDURES AS TO HOW LONG IT SHOULD TAKE FOR A CRIMINALIST TO ARRIVE AT A CRIME SCENE ONCE YOU RECEIVE A CALL?

# 44 A:

ONCE WE RECEIVE A CALL WE TRY TO RESPOND WITHIN AN HOUR, IF IT IS POSSIBLE.

KEY QUOTE

# 45 Q:

WITHIN AN HOUR?

# 46 A:

WE TRY TO, YES.

# 47 Q:

OKAY. SO MISS MAZZOLA CALLED YOU AT 5:30?

# 48 A:

YES.

# 49 Q:

AND YOU GOT TO THE SCENE AT ROCKINGHAM AT WHAT TIME YOU ARE TELLING US?

# 50 A:

7:10.

# 51 Q:

7:10. SO WHAT IS THAT, AN HOUR AND FIFTEEN MINUTES FROM THE TIME YOU WERE CALLED?

KEY QUOTE

# 52 A:

AN HOUR AND FORTY MINUTES.

KEY QUOTE

# 53 Q:

FORTY MINUTES. BETTER. SO ABOUT TWO HOURS, RIGHT?

# 54 A:

NO, AN HOUR AND FORTY MINUTES.

KEY QUOTE

# 55 Q:

AN HOUR AND FORTY MINUTES. MISS MAZZOLA WAS CALLED, YOU REALIZE, AT FIVE O'CLOCK, RIGHT?

KEY QUOTE

# 56 MR. GOLDBERG:

CALLS FOR HEARSAY; SPECULATION.

# 57 THE COURT:

SUSTAINED.

# 58 Q:

BY MR. SCHECK: WERE YOU EVER INFORMED THAT MISS MAZZOLA RECEIVED HER FIRST CALL AT 5:00 A.M.?

# 59 MR. GOLDBERG:

SAME OBJECTION.

# 60 THE COURT:

SUSTAINED.

# 61 Q:

BY MR. SCHECK: SO YOUR RESPONSE TIME TO ROCKINGHAM WAS AN HOUR AND FORTY MINUTES?

# 62 A:

YES, IT WAS.

# 63 Q:

ALL RIGHT. NOW, WHEN YOU GOT TO ROCKINGHAM YOU HAD A CONVERSATION WITH DETECTIVE VANNATTER, DID YOU NOT?

# 64 A:

YES, I DID.

# 65 Q:

AND IT IS A REQUIREMENT THAT YOU SHOULD HAVE A DISCUSSION IMMEDIATELY WITH THE OFFICER IN CHARGE OF THE INVESTIGATION?

# 66 A:

A REQUIREMENT?

# 67 Q:

YEAH. AREN'T YOU SUPPOSED TO START YOUR ACTIVITIES AT THE CRIME SCENE WITH A CONVERSATION WITH THE OFFICER THAT IS IN CHARGE OF THE SCENE?

# 68 A:

IT IS PREFERABLE.

# 69 Q:

WELL, ON YOUR CRIME SCENE INVESTIGATION CHECKLIST ISN'T THERE A CATEGORY INDICATING "CRIME SCENE DISCUSSED WITH OFFICER IN CHARGE"?

# 70 A:

THERE IS A PLACE FOR A CHECK MARK, YES.

# 71 Q:

AND ISN'T THAT THE FIRST THING YOU ARE SUPPOSED TO DO, IS HAVE A DISCUSSION WITH THE DETECTIVE OR THE OFFICER IN CHARGE OF THE SCENE?

# 72 A:

NO.

# 73 Q:

YOU ARE NOT SUPPOSED TO DO THAT?

# 74 A:

NO.

# 75 Q:

WHEN ARE YOU SUPPOSED TO DO THAT?

# 76 A:

AFTER YOU CHECK IN WITH THE LOG-IN OFFICER.

# 77 Q:

ALL RIGHT. SO YOU LOG IN AND THEN THE FIRST THING YOU DO IS HAVE A DISCUSSION WITH THE DETECTIVE IN CHARGE OF THE SCENE?

# 78 A:

IF IT IS POSSIBLE, YES.

# 79 Q:

ALL RIGHT. AND THE REASON THAT YOU HAVE A DISCUSSION WITH THE DETECTIVE IN CHARGE OF THE SCENE IS TO FIND OUT WHAT IT IS YOU ARE SUPPOSED TO BE INVESTIGATING?

# 80 A:

YES.

# 81 Q:

AND TO FIND OUT WHAT POSSIBLE EVIDENCE EXISTS AT THE SCENE THAT MAY NEED TO BE COLLECTED?

# 82 A:

YES.

# 83 Q:

AND YOU HAD SUCH A DISCUSSION WITH DETECTIVE VANNATTER WHEN YOU ARRIVED AT ROCKINGHAM?

# 84 A:

YES.

# 85 Q:

AND DID YOU LEARN THAT YOU WEREN'T JUST GOING TO BE COLLECTING EVIDENCE AT ROCKINGHAM, THAT YOU WOULD SOON HAVE TO GO TO BUNDY?

# 86 A:

YES.

# 87 Q:

AND THAT THERE WERE TWO VICTIMS AT BUNDY?

# 88 A:

YES.

# 89 Q:

AND WAS THERE ANY DISCUSSION ABOUT THE VICTIMS AT BUNDY BEING VERY CLOSE TO EVIDENCE IN TERMS OF THEIR PHYSICAL PROXIMITY?

# 90 MR. GOLDBERG:

CALLS FOR HEARSAY.

# 91 THE COURT:

SUSTAINED.

# 92 Q:

BY MR. SCHECK: WOULD IT BE IMPORTANT FOR YOU TO NEED TO KNOW -- WOULD IT BE IMPORTANT FOR YOU TO KNOW WHAT KIND OF CRIME SCENE YOU WERE GOING TO HAVE TO BE GOING TO AFTER ROCKINGHAM?

# 93 A:

COULD YOU REPEAT THAT?

# 94 Q:

YEAH. WHEN YOU GOT TO ROCKINGHAM, ALL RIGHT, YOU KNEW YOU WOULD BE HAVING TO GO TO BUNDY NEXT, CORRECT?

# 95 A:

YES.

# 96 Q:

ALL RIGHT. WERE YOU TOLD THAT DETECTIVE LANGE WAS WAITING FOR YOU AT BUNDY?

# 97 MR. GOLDBERG:

OBJECTION, CALLS FOR HEARSAY.

# 98 THE COURT:

SUSTAINED.

# 99 Q:

BY MR. SCHECK: WHAT DID -- HOW -- WERE YOU GIVEN INSTRUCTIONS BY DETECTIVE VANNATTER TO JUST COLLECT ONE STAIN AT ROCKINGHAM AND THEN MOVE ON TO BUNDY?

# 100 A:

NO.

# 101 Q:

WERE YOU EVER INFORMED THAT THERE WAS A PLAN FOR THE CRIMINALISTS FIRST TO GO TO BUNDY, JUST COLLECT A RED STAIN OFF THE BRONCO AND THEN MOVE AS QUICKLY AS POSSIBLE TO BUNDY?

# 102 MR. GOLDBERG:

CALLS FOR HEARSAY.

# 103 THE COURT:

SUSTAINED.

# 104 MR. SCHECK:

YOUR HONOR, MAY WE APPROACH FOR A MINUTE?

# 105 THE COURT:

SURE, WITH THE REPORTER.

Temperature

procedural

Key Quotes (4)

Dennis Fung

ONCE WE RECEIVE A CALL WE TRY TO RESPOND WITHIN AN HOUR, IF IT IS POSSIBLE.

Fung admits the department standard is a one-hour response time, setting up Scheck's point that Fung's 1-hour-40-minute response fell short.

Barry Scheck

SO WHAT IS THAT, AN HOUR AND FIFTEEN MINUTES FROM THE TIME YOU WERE CALLED?

Scheck miscalculates the interval (it was 1:40, not 1:15), and Fung corrects him — a small reversal that slightly undercuts the attack.

Dennis Fung

AN HOUR AND FORTY MINUTES.

Fung corrects Scheck twice, forcing the cross-examiner to acknowledge the gap was even longer than he initially stated.

Hank Goldberg

I'M SORRY, I'M NOT USED TO THIS.

Goldberg's candid admission after asking for a question read-back despite having the transcript in front of him — a rare moment of unguarded candor from the prosecution.

Evidence (1)

Informal

Crime scene investigation checklist with a checkbox for 'crime scene discussed with officer in charge'

discussed — Scheck uses it to establish procedural sequence Fung was expected to follow

Notable Exchanges (2)

Barry Scheck•Dennis Fung

Scheck tries to establish Fung's response time exceeded the one-hour guideline. Fung corrects Scheck's arithmetic twice — first when Scheck says '5:35' instead of '5:30,' and again when Scheck claims '1 hour 15 minutes' instead of '1 hour 40 minutes.' The corrections actually make Fung's tardiness look worse, but momentarily put Scheck on the back foot.

strategic

Barry Scheck•Hank Goldberg•Lance A. Ito

Scheck repeatedly attempts to elicit what Vannatter and other detectives told Fung about the Bundy scene — victims, timing, and plans. Goldberg objects on hearsay grounds eight out of nine times and is sustained each time, forcing Scheck to request a sidebar.

frustrated/blocked

Light Moments (1)

Hank Goldberg

Goldberg asks for a question to be read back despite the transcript sitting in front of him, then apologizes: 'I'm sorry, I'm not used to this.' Ito dryly notes he has it right there.

Credibility Attacks (1)

⚔ Dennis Fung

procedural deviation

Scheck establishes that Fung's own department has a goal of responding within one hour of being called, then elicits that Fung's actual response time was one hour and forty minutes — 40 minutes beyond the stated target.

Objections

9 objections (8 sustained, 1 overruled)

Proceeding 5600 • 105 utterances • Prosecution witness

Criminal Trial

Department 103