Cross-examination of Dennis Fung (morning, part 5)

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

Address:

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

TRIAL

▲ Day 52 of 167

◀ Cross-examination of Dennis Fung (morning, part 4) Morning recess ▶

Witness: Dennis Fung
Examiner: Barry Scheck
Called by: Prosecution • Date: Wednesday, April 5, 1995 • Utterances: 338

Barry Scheck cross-examines criminalist Dennis Fung about the physical evidence collection at the Rockingham estate, focusing on two main points: an ambiguous and arguably incorrect entry in the evidence log placing the glove '118 feet east of the west wall of the guest house' (when Fung meant the garage wall), and the revelation that Detective Fuhrman — not Fung — physically collected evidence item #10 (a blue plastic container), possibly without rubber gloves. Scheck also establishes that there were no red stains and no hair or fibers found along the entire pathway leading to the glove.

# 1 (DEFT'S 1072 FOR ID = DOCUMENT)

# 2 Q:

BY MR. SCHECK: HAVE YOU SEEN THIS DOCUMENT BEFORE, MR. FUNG?

# 3 A:

YES, I HAVE.

# 4 Q:

AND WHAT IS IT?

# 5 A:

THIS IS A SKETCH -- NO, IT IS A -- IT IS A SURVEYOR'S DRAWING OF THE ROCKINGHAM RESIDENCE.

# 6 Q:

ALL RIGHT. AND THAT GIVES DISTANCES WITH RESPECT TO, UMM -- HOW FAR IT IS FROM ROCKINGHAM AVENUE TO THE GARAGE AND THE GUEST HOUSE AREAS?

# 7 A:

YES, IT DOES.

# 8 Q:

AND THAT WAS DRAWN BY A SURVEYOR? YOU ARE AWARE OF THIS?

# 9 A:

YES.

# 10 Q:

AND AS FAR AS YOU ARE CONCERNED IT IS ACCURATE?

# 11 MR. GOLDBERG:

IRRELEVANT WHAT THIS WITNESS' CONCERN WAS.

# 12 THE COURT:

SUSTAINED.

# 13 Q:

BY MR. SCHECK: UMM, DOES THIS PERSON WORK WITH YOU AT SID?

# 14 A:

NOT ANY MORE.

# 15 Q:

DID AT THE TIME HE DID THIS?

# 16 A:

YES.

# 17 Q:

ALL RIGHT. AND YOU WERE AWARE THAT THAT WAS BEING PREPARED?

# 18 A:

FOR --

# 19 MR. GOLDBERG:

IT IS VAGUE AS TO TIME.

# 20 THE COURT:

OVERRULED.

# 21 DENNIS FUNG:

THAT IT WAS BEING -- EVENTUALLY IT WOULD BE PREPARED?

# 22 MR. SCHECK:

YES.

# 23 MR. GOLDBERG:

IT IS ALSO IRRELEVANT. I WOULD MAKE A MOTION TO STRIKE.

# 24 THE COURT:

OVERRULED.

# 25 Q:

BY MR. SCHECK: PART OF THE NORMAL PROCEDURES AT SID IN SOME CASES IS TO HAVE SUCH A SURVEYOR COME OUT AND MEASURE THE SCENE?

# 26 A:

IN SOME CASES, YES.

# 27 Q:

ALL RIGHT. AND IN THIS CASE THAT WAS DONE?

# 28 A:

YES.

# 29 Q:

IT IS DONE IN THE REGULAR COURSE OF BUSINESS AT SID WHEN APPROPRIATE?

# 30 MR. GOLDBERG:

YOUR HONOR, I WOULD MAKE A MOTION TO STRIKE. I DON'T THINK THERE IS ANY FOUNDATION, PERSONAL KNOWLEDGE.

# 31 THE COURT:

OVERRULED.

# 32 Q:

BY MR. SCHECK: ALL RIGHT. AND IN APPROPRIATE CASES IT IS -- IN THE REGULAR COURSE OF BUSINESS AT SID THESE KIND OF SURVEYOR'S DIAGRAMS ARE PREPARED?

# 33 A:

YES.

# 34 Q:

AND THE PERSON THAT PREPARES IT, TO YOUR KNOWLEDGE, HAS AN OBLIGATION TO MAKE THOSE MEASUREMENTS ACCURATE?

# 35 MR. GOLDBERG:

IRRELEVANT.

# 36 THE COURT:

OVERRULED.

# 37 DENNIS FUNG:

TO THE BEST OF HIS ABILITY, YES.

# 38 MR. SCHECK:

YOUR HONOR, I WOULD OFFER THIS DIAGRAM AND ASK THAT IT BE PUT ON THE ELMO.

# 39 THE COURT:

DO THE MEASUREMENTS ON THAT APPEAR TO BE ACCURATE?

# 40 DENNIS FUNG:

THEY APPEAR TO BE.

# 41 THE COURT:

ALL RIGHT. PROCEED.

# 42 (BRIEF PAUSE.)

# 43 Q:

BY MR. SCHECK: OKAY. NOW, LOOKING AT THAT, WOULDN'T YOU AGREE THAT THE DISTANCE BETWEEN THE GATE AND WHERE THE GLOVE WAS FOUND IS APPROXIMATELY 250 FEET?

# 44 MR. GOLDBERG:

YOUR HONOR, I OBJECT AS IT CALLS FOR SPECULATION. THE WITNESS CAN ONLY TESTIFY WHAT HE SEES.

# 45 THE COURT:

SUSTAINED.

# 46 Q:

BY MR. SCHECK: YOU TOOK MEASUREMENTS, DID YOU NOT, MR. FUNG, ON JUNE 13TH?

# 47 A:

YES, I DID.

# 48 Q:

ALL RIGHT. AND WITH THE -- LET ME ASK YOU: IN TERMS OF THIS DIAGRAM OVER HERE, (INDICATING), THIS IS THE -- I'M POINTING NOW AND I'M REFERRING TO PEOPLE'S 169, THIS IS THE GARAGE?

# 49 A:

YES.

# 50 Q:

ALL RIGHT. AND THIS AREA HERE, (INDICATING), YOU TELL ME, THIS IS THE -- WHERE IS THE BEGINNING OF THE GUEST HOUSE AS DEPICTED IN THIS DIAGRAM? WOULD IT BE THE AREA I'M POINTING RIGHT HERE, (INDICATING)?

# 51 MR. GOLDBERG:

WAIT A MINUTE. NO PERSONAL KNOWLEDGE.

# 52 THE COURT:

OVERRULED.

# 53 DENNIS FUNG:

I DON'T KNOW WHAT PART IS THE GUEST HOUSE.

# 54 Q:

BY MR. SCHECK: WELL, LOOKING AT THE DIAGRAM ON THE ELMO, OKAY, DO YOU SEE A BOX THERE THAT INDICATES "GUEST ROOMS"?

# 55 MR. GOLDBERG:

YOUR HONOR, IT IS IRRELEVANT WHAT HE SEES IN REGARD TO THE GUEST ROOMS.

# 56 THE COURT:

OVERRULED.

# 57 DENNIS FUNG:

YES, I DO.

# 58 Q:

BY MR. SCHECK: ALL RIGHT. CAN YOU LOCATE THAT FOR US ON PEOPLE'S 169?

# 59 A:

IT APPEARS TO BE THIS AREA HERE, (INDICATING).

# 60 Q:

WHERE DOES IT START?

# 61 (NO AUDIBLE RESPONSE.)

# 62 Q:

THE AREA DESIGNATED "GUEST ROOMS," WOULD THAT BEGIN AS WHAT IS MARKED ON PEOPLE'S 169 AS THE AREA THAT SAYS "OFFICE"?

# 63 A:

THIS DIAGRAM APPEARS SOMEWHAT DIFFERENT FROM THE DIAGRAM UP ON THE BOARD.

# 64 Q:

IN WHAT RESPECT?

# 65 A:

THERE IS NO INDENTATION IN THIS AREA HERE, (INDICATING).

# 66 MR. SCHECK:

LET THE RECORD REFLECT THAT THE WITNESS IS INDICATING THAT THERE IS AN INDENTATION BETWEEN THE -- I GUESS THE HORIZONTAL AREA BETWEEN WHAT IS THE OFFICE AND THE AREA WHERE THERE IS A CALL OUT FOR NO. 14.

# 67 Q:

IS THAT CORRECT?

# 68 A:

YES.

# 69 MR. GOLDBERG:

YOUR HONOR, FOR THE RECORD, I BELIEVE HE INDICATED THAT THERE WASN'T AN INDENTATION.

# 70 THE COURT:

YES.

# 71 Q:

BY MR. SCHECK: THERE WASN'T AN INDENTATION ON 169, BUT THERE IS ONE ON THE DEFENSE EXHIBIT THAT YOU SEE PROJECTED ON THE ELMO?

# 72 A:

YES.

# 73 Q:

WHICH IS ACCURATE?

# 74 A:

I WOULD HAVE TO REFER TO PHOTOGRAPHS OR VISIT THE SCENE AGAIN. I DON'T RECALL.

# 75 Q:

BUT OTHER THAN THAT INDENTATION, I'M JUST TRYING TO GET YOU TO TELL US IF -- WHERE THE AREA THAT IS INDICATED AS "GUEST ROOMS" ON THE DIAGRAM ON THE ELMO IS ON PEOPLE'S 169?

# 76 A:

THIS WOULD BE VERY ROUGH. APPROXIMATELY IN THIS AREA HERE, (INDICATING).

# 77 Q:

INDICATING THE AREA BY WHAT IS MARKED AS "OFFICE"; IS THAT CORRECT?

# 78 A:

YES.

# 79 THE COURT:

ON 169.

# 80 MR. SCHECK:

ON 169.

# 81 Q:

NOW, YOU AND MISS MAZZOLA WORKED TOGETHER TO MAKE THE MEASUREMENTS ON JUNE 13TH?

# 82 A:

YES.

# 83 Q:

AND YOU KNEW AT THAT TIME THAT OTHERS WOULD LATER BE RELYING ON YOUR MEASUREMENTS AS TO WHERE VARIOUS PIECES OF EVIDENCE WERE FOUND?

# 84 A:

YES.

# 85 Q:

ALL RIGHT. AND YOU KNEW THAT WOULD BE IMPORTANT LATER IF PEOPLE WERE TO MAKE ANALYSES -- SUBSEQUENT ANALYSES OF THE SCENE?

# 86 A:

IT COULD BE BECOME A FACTOR, YES.

# 87 Q:

JUST LIKE AT BUNDY YOU MADE MEASUREMENTS AS TO WHERE THE FOOTPRINTS WERE?

# 88 A:

YES.

# 89 Q:

AND YOU KNEW THAT THOSE MEASUREMENTS WOULD BE RELIED UPON LATER FOR ALL KIND OF ANALYSIS?

# 90 A:

POSSIBLY, YES.

# 91 Q:

NOW, ON JUNE 13TH YOU MEASURED THE GLOVE AS BEING LOCATED 118 FEET EAST OF THE WEST WALL OF THE GUEST HOUSE. NOW, COULD YOU SHOW US WHERE THE WEST WALL OF THE GUEST HOUSE IS?

# 92 A:

THE GUEST HOUSE?

# 93 Q:

YES.

# 94 A:

I BELIEVE MY DESCRIPTION OF THE LOCATION WAS 118 FEET EAST OF THE WEST WALL.

# 95 Q:

DOESN'T YOUR EVIDENCE COLLECTION READ "THE GLOVE" -- UNDER "LOCATION OF ITEM," "118 FEET EAST OF THE WEST WALL GUEST HOUSE, ONE FOOT FOUR INCHES SOUTH OF THE SOUTH WALL"? ISN'T THAT WHAT YOU WROTE?

# 96 A:

THAT IS WHAT CRIMINALIST MAZZOLA WROTE, YES.

KEY QUOTE

# 97 Q:

OH. WELL, 100 -- LOOKING AT THE DIAGRAM ON THE ELMO, 118 FEET EAST OF THE WEST WALL OF THE GUEST HOUSE, WHERE WOULD THAT BE ON THE DIAGRAM IN THE ELMO?

# 98 A:

THAT IS NOT THE POINT OF REFERENCE THAT IS REFERRED TO --

# 99 Q:

I DIDN'T ASK YOU THAT QUESTION.

# 100 MR. GOLDBERG:

YOUR HONOR --

# 101 THE COURT:

THAT IS INAPPROPRIATE.

# 102 MR. SCHECK:

MOVE TO STRIKE HIS ANSWER AS BEING NONRESPONSIVE.

# 103 THE COURT:

OVERRULED.

# 104 Q:

BY MR. SCHECK: MY QUESTION, MR. FUNG, IS FROM LOOKING AT THE DIAGRAM ON THE ELMO, WHERE WOULD A LOCATION 118 FEET EAST OF THE WEST WALL OF THE GUEST HOUSE, ONE FOOT FOUR INCHES SOUTH OF THE SOUTH WALL BE?

# 105 MR. GOLDBERG:

OBJECTION, IRRELEVANT.

# 106 THE COURT:

SUSTAINED.

# 107 Q:

BY MR. SCHECK: MR. FUNG, THE MEASUREMENT HERE IS WRONG, ISN'T IT?

# 108 A:

AS YOU ARE INTERPRETING IT IT IS WRONG, BUT FROM WHERE I KNOW THE POINT OF REFERENCE IS, THE MEASUREMENT IS CORRECT OR VERY CLOSE TO WHERE IT WAS.

# 109 Q:

WELL, LET'S PUT IT THIS WAY: IS IT YOUR TESTIMONY THAT THE ENTRY HERE OF 118 FEET EAST OF THE WEST WALL OF THE GUEST HOUSE, ONE FOOT FOUR INCHES SOUTH OF THE SOUTH WALL, THAT ENTRY, AS WRITTEN, IS AN INCORRECT ENTRY?

# 110 A:

THAT IS INCORRECT.

# 111 MR. GOLDBERG:

THERE WAS NO --

# 112 DENNIS FUNG:

YOUR STATEMENT IS INCORRECT.

# 113 MR. GOLDBERG:

EXCUSE ME, MR. FUNG. I OBJECT. THERE WAS NO TESTIMONY TO THAT FACT. MOTION TO STRIKE.

# 114 THE COURT:

OVERRULED. THE ANSWER WILL STAND.

# 115 Q:

BY MR. SCHECK: CAN YOU ANSWER THAT QUESTION?

# 116 A:

YOUR INTERPRETATION OF THAT ENTRY IS INCORRECT.

# 117 Q:

WELL, THE ENTRY ITSELF, IF ONE WERE TO MEASURE 118 FEET EAST OF THE WEST WALL OF THE GUEST HOUSE, THAT WOULD BE A LOCATION, UMM, THAT IS FAR BEYOND THIS AIR CONDITIONER ALL THE WAY SOMEWHERE INTO THE PLANTING AREA OUT BACK, RIGHT?

# 118 MR. GOLDBERG:

I OBJECT. THAT IS IRRELEVANT.

# 119 THE COURT:

SUSTAINED.

# 120 Q:

BY MR. SCHECK: WELL, IF ONE WERE TO CALL THE GUEST HOUSE -- AS I THINK YOU PREVIOUSLY DID, THIS OFFICE AREA; IS THAT CORRECT?

# 121 A:

YES.

# 122 THE COURT:

COUNSEL, COUNSEL --

# 123 Q:

BY MR. SCHECK: -- AS DEPICTED ON 169 --

# 124 THE COURT:

COUNSEL, I HAVE SUSTAINED FOUR IRRELEVANCY OBJECTIONS IN A ROW AS TO THAT QUESTION.

# 125 Q:

BY MR. SCHECK: ARE YOU SAYING THAT MISS MAZZOLA, WHEN SHE MADE AN ENTRY HERE, WAS INCORRECT?

# 126 A:

I AM NOT SAYING THAT.

# 127 Q:

YOU ARE SAYING THAT -- WELL, WHAT WAS THE GUEST HOUSE THEN?

# 128 A:

THE GUEST HOUSE IS THE APPROXIMATE LOCATION OR AREA TO LOCATE WHERE THE GLOVE WAS.

# 129 Q:

ALL RIGHT. SO YOU ARE SAYING 118 FEET EAST OF THE WEST WALL OF THE GUEST HOUSE?

# 130 A:

NO.

# 131 Q:

IS THAT YOUR REFERENCE POINT?

# 132 MR. GOLDBERG:

WAIT A MINUTE.

# 133 DENNIS FUNG:

NO, THAT IS NOT WHAT I'M SAYING.

# 134 Q:

BY MR. SCHECK: WHAT ARE YOU SAYING?

# 135 A:

WHAT I'M SAYING IS THE GUEST HOUSE IN THAT ENTRY DEPICTS THE GENERAL LOCATION OF WHERE THE GLOVE WAS. THE 818 (SIC) FEET EAST OF THE WEST WALL IS FROM THIS POINT HERE, (INDICATING).

# 136 Q:

SO YOU ARE SAYING 118 FEET EAST OF THE WEST WALL AND THEN GUEST HOUSE THAT FOLLOWS IT? THAT IS NOT THE WEST WALL OF THE GUEST HOUSE YOU ARE REFERRING TO?

# 137 MR. GOLDBERG:

YOUR HONOR, HE IS MISREADING WHAT THE WITNESS IS --

# 138 THE COURT:

SUSTAINED. REPHRASE THE QUESTION.

# 139 MR. SCHECK:

COULD WE PUT UP ON THE ELMO THE ENTRY THAT WE ARE TALKING ABOUT, JUST SO EVERYBODY CAN SEE IT? OKAY.

# 140 (BRIEF PAUSE.)

# 141 Q:

BY MR. SCHECK: YOU SEE WHERE IT SAYS "118 FEET EAST OF THE WEST WALL"?

# 142 MR. GOLDBERG:

WAIT A MINUTE. IT DOESN'T SAY "OF."

# 143 MR. SCHECK:

I THINK THE DOCUMENT SPEAKS FOR ITSELF.

# 144 Q:

YOU SEE THE ENTRY WHERE IT SAYS "LOCATION OF ITEM"?

# 145 A:

YES, I DO.

# 146 Q:

ALL RIGHT. NOW, DOESN'T IT READ ACROSS THE TOP LINE "118 FEET EAST OF THE WEST WALL GUEST HOUSE, ONE FOOT FOUR INCHES SOUTH OF SOUTH WALL"?

# 147 A:

IT DOES STATE THAT.

# 148 Q:

ALL RIGHT. SO WHAT YOU ARE TELLING US NOW IS THAT THE WEST WALL YOU ARE REFERRING TO WAS NOT THE WEST WALL OF THE GUEST HOUSE?

# 149 A:

THE WEST WALL I'M REFERRING TO IS THIS WALL HERE, (INDICATING).

# 150 Q:

ALL RIGHT.

# 151 THE COURT:

INDICATING THE WALL -- EXCUSE ME. INDICATING THE WALL OF THE GARAGE ON PEOPLE'S 169.

# 152 MR. SCHECK:

THANK YOU, YOUR HONOR. I WAS ABOUT TO INDICATE THAT.

# 153 Q:

SO THE WEST WALL THAT YOU ACTUALLY ARE REFERRING TO IN THAT ENTRY WAS THE WEST WALL OF THE GARAGE; NOT THE GUEST HOUSE?

# 154 A:

YES.

# 155 Q:

AND IF ONE WERE TO READ JUST LITERALLY WHAT IT SAYS THERE, "118 FEET EAST OF THE WEST WALL OF THE GUEST HOUSE" AND START MEASURING FROM THE GUEST HOUSE, THAT WOULD BE AN INCORRECT ENTRY, AN INCORRECT LOCATION FOR WHERE THE GLOVE WAS FOUND?

# 156 MR. GOLDBERG:

YOUR HONOR, THAT IS IRRELEVANT.

# 157 THE COURT:

OVERRULED.

# 158 DENNIS FUNG:

THAT IS WHY THEY ARE NOTES AND THAT IS WHY I PREPARE A PROPERTY REPORT.

# 159 Q:

BY MR. SCHECK: I UNDERSTAND, BUT THAT IS -- IF ONE WERE TO LITERALLY READ IT, THAT WOULD BE AN INCORRECT IDENTIFICATION?

# 160 MR. GOLDBERG:

YOUR HONOR, THAT IS IRRELEVANT.

# 161 THE COURT:

OVERRULED. HE CAN ANSWER THE QUESTION.

# 162 DENNIS FUNG:

THAT WOULD BE AN INCORRECT INTERPRETATION OF WHAT IS THERE.

KEY QUOTE

# 163 MR. SCHECK:

ALL RIGHT. THANK YOU. A FEW MORE QUESTIONS WHILE WE ARE HERE.

# 164 Q:

NOW, IF ONE GOES ON A LINE FROM WHERE YOU LAST FOUND DROP NO. 6, OKAY, ALONG THIS SOUTH WALL, ALL RIGHT, THIS IS --

# 165 THE COURT:

COUNSEL, IS THERE A WALL THERE?

# 166 MR. SCHECK:

WELL, IT IS ACTUALLY SHRUBBERY, THANK YOU.

# 167 Q:

ALONG THIS SHRUBBERY ON A LINE TO THE SOUTH WALKWAY, IS THAT A DRIVEWAY AREA?

# 168 A:

YES, IT IS.

# 169 Q:

ON THAT LINE YOU FOUND NO RED STAINS?

# 170 (NO AUDIBLE RESPONSE.)

# 171 Q:

RIGHT?

# 172 A:

FROM APPROXIMATELY THIS POINT TO THIS POINT, I FOUND NO RED STAINS IN THIS LOWER AREA.

# 173 Q:

NO RED STAINS IN THIS AREA, (INDICATING), CORRECT?

# 174 A:

THAT'S CORRECT.

# 175 MR. SCHECK:

ALL RIGHT.

# 176 MR. GOLDBERG:

FOR THE RECORD PERHAPS --

# 177 Q:

BY MR. SCHECK: THAT IS THE AREA FROM THE DRIVEWAY TO WHERE THE PINK ENDS ON PEOPLE'S 169?

# 178 MR. GOLDBERG:

WELL, FOR THE RECORD, IT WAS FROM THE "Y" IN THE WORD "DRIVEWAY" OVER TO THE RIGHT-HAND -- ON THIS EXHIBIT -- THE LOWER RIGHT-HAND CORNER OF WHERE THE PINK ENDS, AND THEN I THINK HE ALSO POINTED TO A POINT THAT IS JUST ABOVE THE "Y" IN WHAT WOULD BE SORT OF A TRIANGLE.

# 179 Q:

BY MR. SCHECK: IS THAT -- WHAT MR. GOLDBERG IS SAYING CORRECT?

# 180 A:

YES.

# 181 Q:

ALL RIGHT. NOW, THERE IS NOW AN AREA THAT IS IN YELLOW, OKAY?

# 182 A:

YES.

# 183 Q:

NOW, AS ONE WALKS DOWN IN THE AREA, THAT IS YELLOW ON PEOPLE'S 169, THERE IS ABOUT FOUR STEPS?

# 184 A:

TO THE BEST OF MY RECOLLECTION, YES.

# 185 Q:

ALL RIGHT. AND THEN THERE IS A CEMENT AREA, CEMENT WALKWAY AREA?

# 186 A:

YES.

# 187 Q:

ALL RIGHT. AND ON JUNE 13TH THERE WERE MUCH FEWER LEAVES IN THAT CEMENT WALKWAY AREA THAN THERE WAS IN THE NARROWER WALKWAY AREA THAT I'M POINTING TO AND THE AREA WHERE THE GLOVE WAS RECOVERED, RIGHT?

# 188 A:

I DON'T RECALL EXACTLY WHICH HAD MORE -- MORE LEAVES. I DO RECALL THERE WAS AREAS THAT HAD A LOT OF LEAVES AND AREAS THAT HAD LESS LEAVES, BUT I DIDN'T MAKE A NOTE OF IT.

# 189 Q:

WELL, IN TERMS OF THE -- THERE WERE MORE TREES OVERHANGING THE AREA THAT I'M POINTING TO NOW THAT STARTS WITH -- WHAT WOULD YOU CALL THIS POINT, (INDICATING)? HOW DO YOU WANT TO DESCRIBE IT? DO YOU WANT TO CALL IT -- WHAT DEMARCATION DO YOU WANT TO USE?

# 190 (NO AUDIBLE RESPONSE.)

# 191 Q:

THIS POINT, I'M OVER HERE, THAT IS JUST TO THE LEFT OF THE CALL OUT BOX THAT IS 14?

# 192 A:

I --

# 193 Q:

THAT IS WHERE THE ELECTRICAL EQUIPMENT IS, ELECTRICAL DOOR?

# 194 A:

YEAH. THERE IS SOME KIND OF BOX.

# 195 Q:

ALL RIGHT. FROM THE ELECTRICAL DOOR BOX THERE IS A NARROW AREA, CORRECT?

# 196 A:

YES, IT IS.

# 197 Q:

THERE IS MORE TREES OVERHANGING THAT AREA?

# 198 A:

TO THE BEST OF MY RECOLLECTION.

# 199 Q:

AND THERE WERE MORE LEAVES THERE, WEREN'T THERE, ON JUNE 13TH, THAN THERE WAS FROM THE CEMENT AREA THAT STARTS WITH THE GARAGE AND GOES UP TO THE POINT WHERE THE ELECTRICAL BOX IS?

# 200 A:

I -- AGAIN, I CAN'T RECALL THE AMOUNT OF LEAVES.

# 201 Q:

AND YOU FOUND NO RED STAINS FROM THE POINT WHERE THE YELLOW BEGINS ON THE GARAGE AT -- ON PEOPLE'S 169 TO THE POINT WHERE YOU FOUND THE GLOVE?

# 202 A:

THAT IS CORRECT.

# 203 Q:

ALL RIGHT. NONE?

# 204 (NO AUDIBLE RESPONSE.)

# 205 Q:

NO RED STAINS?

# 206 A:

ON THE PATHWAY ITSELF?

# 207 Q:

ON THE PATHWAY ITSELF?

# 208 A:

THAT'S CORRECT.

# 209 Q:

ALL RIGHT. AND UMM, IN THE AREA, UMM, OF THE AIR CONDITIONER, UMM, THERE IS A WALL?

# 210 A:

THERE IS A WALL, YES.

# 211 Q:

AND IT IS MADE OF A STUCCO TYPE MATERIAL?

# 212 A:

YES.

# 213 Q:

ALL RIGHT. AND THAT STUCCO TYPE MATERIAL IS THE KIND OF THING WHERE IF YOU BRUSH AGAINST IT WITH CLOTHING, IF ONE BRUSHES AGAINST IT WITH CLOTHING, THREADS OR FIBERS CAN GET STUCK TO IT?

# 214 A:

THAT IS A POSSIBILITY.

# 215 Q:

OR YOU CAN GET AN ABRASION IF ONE WERE TO BANG UP AGAINST IT WITH BARE SKIN, THAT KIND OF STUCCO CAN CAUSE AN ABRASION ON ONE'S HAND?

# 216 MR. GOLDBERG:

YOUR HONOR, THAT CALLS FOR SPECULATION.

# 217 THE COURT:

OVERRULED.

# 218 DENNIS FUNG:

POSSIBLY.

# 219 Q:

BY MR. SCHECK: NOW, YOU FOUND NO HAIR OR FIBER ON THE STUCCO WALL AREA NEAR THE AIR CONDITIONER ON JUNE 13TH?

# 220 A:

THAT'S CORRECT.

# 221 Q:

YOU EXAMINED THE FENCE IN THE AREA WHERE THE GLOVE WAS RECOVERED?

# 222 A:

YES, I DID.

# 223 Q:

YOU FOUND NO FIBERS ON THAT FENCE, NO HAIR OR FIBERS ON THAT FENCE?

# 224 A:

I DID NOT SEE ANY.

# 225 Q:

YOU DID NOT SEE ANY?

# 226 A:

THAT'S CORRECT.

# 227 Q:

AND WERE YOU CONSIDERING THE POSSIBILITY THAT SOMEBODY MIGHT HAVE GONE OVER THAT FENCE?

# 228 A:

YES.

# 229 Q:

AND WERE YOU CONSIDERING THE FACT THAT SOMEBODY MIGHT HAVE BANGED INTO THAT WALL?

# 230 (NO AUDIBLE RESPONSE.)

# 231 Q:

THAT STUCCO WALL?

# 232 A:

I LOOKED -- I DID LOOK AT THE WALL, YES.

# 233 Q:

SO YOU WERE LOOKING AT THAT CAREFULLY BECAUSE THE DETECTIVES WERE INSTRUCTING YOU TO DO SO?

# 234 (NO AUDIBLE RESPONSE.)

# 235 MR. GOLDBERG:

THAT IS A COMPOUND QUESTION, YOUR HONOR.

# 236 THE COURT:

WELL, IT ACTUALLY CALLS FOR SPECULATION.

# 237 Q:

BY MR. SCHECK: WERE YOU LOOKING AT THAT AREA -- WERE YOU INSTRUCTED BY THE DETECTIVES TO EXAMINE THAT AREA CAREFULLY?

# 238 A:

YES.

# 239 Q:

AND YOU FOUND NO FIBERS ON THAT STUCCO WALL?

# 240 A:

THAT'S CORRECT.

# 241 MR. SCHECK:

I THINK WE ARE FINISHED WITH THIS DIAGRAM, YOUR HONOR.

# 242 THE COURT:

ALL RIGHT.

# 243 (BRIEF PAUSE.)

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

# 245 Q:

BY MR. SCHECK: DO YOU KNOW WHETHER OR NOT THERE IS AN AUTOMATIC SPRINKLER SYSTEM AT THE SIMPSON RESIDENCE?

# 246 A:

I DON'T KNOW IF THERE IS OR NOT.

# 247 Q:

SO YOU WOULDN'T KNOW WHETHER OR NOT IT WAS DEW ON THE LAWN OR WATER FROM THE SPRINKLER SYSTEM?

# 248 A:

THAT'S CORRECT.

# 249 (BRIEF PAUSE.)

# 250 Q:

BY MR. SCHECK: NOW, YOU INDICATED ON DIRECT EXAMINATION THAT YOU WERE THE PERSON THAT WENT BACK AND RECOVERED THE GLOVE, ITEM NO. 9?

# 251 A:

YES.

# 252 Q:

AND YOU WERE THE PERSON THAT WAS DOING ALL THIS INVESTIGATING ON THE WALKWAY LEADING UP TO ITEM NO. 9?

# 253 MR. GOLDBERG:

VAGUE AS TO TIME.

# 254 THE COURT:

OVERRULED.

# 255 DENNIS FUNG:

INVESTIGATION IN WHAT SENSE?

# 256 Q:

BY MR. SCHECK: WELL, YOU WERE LOOKING FOR RED STAINS, YOU WERE LOOKING FOR FIBERS, YOU WERE LOOKING FOR CLUES ALONG THE SOUTH WALKWAY LEADING UP TO THE GLOVE?

# 257 A:

YES.

# 258 Q:

AND WHEN YOU WENT TO DO THIS INVESTIGATION, WHO ACCOMPANIED YOU?

# 259 A:

DIFFERENT PEOPLE ACCOMPANIED ME AT DIFFERENT TIMES.

# 260 Q:

ALL RIGHT. HOW MANY TIMES DID YOU GO THERE?

# 261 A:

APPROXIMATELY FOUR, FOUR THAT I CAN REMEMBER.

# 262 Q:

WHO WAS THERE THE FIRST TIME YOU WENT?

# 263 A:

THE FIRST TIME WAS WITH MY -- WAS WITH THE WALK-THROUGH AND I DON'T RECALL WHETHER IT WAS DETECTIVE FUHRMAN AND DETECTIVE VANNATTER WHO WERE BOTH AT THAT WALK-THROUGH AT THAT TIME OR JUST DETECTIVE VANNATTER OR JUST DETECTIVE FUHRMAN, BUT ONE OF THE DETECTIVES DID ESCORT ME BACK THERE ON MY WALK-THROUGH.

# 264 Q:

THIS WAS ABOUT HOW LONG AFTER YOU GOT TO THE SCENE?

# 265 A:

MAYBE FIVE MINUTES INTO THE SCENE.

# 266 Q:

AND WAS MISS MAZZOLA WITH YOU?

# 267 A:

I DON'T RECALL IF SHE WAS WITH ME OR NOT.

# 268 Q:

ALL RIGHT. HOW LONG AFTER THAT DID YOU THEN GO BACK AND LOOK AT THAT AREA AGAIN, WALKING TOWARD THE GLOVE?

# 269 A:

UNTIL THE NEXT TIME I WENT TO THAT AREA?

# 270 Q:

YEAH.

# 271 A:

I DON'T HAVE A --

# 272 Q:

ABOUT HOW MANY MINUTES?

# 273 A:

I COULDN'T GIVE YOU A GOOD ESTIMATION.

# 274 Q:

WHO WENT WITH YOU?

# 275 A:

THE NEXT TIME WAS WITH MISS MAZZOLA.

# 276 Q:

JUST THE TWO OF YOU?

# 277 A:

TO THE BEST OF MY RECOLLECTION.

# 278 Q:

AND YOU WERE CAREFULLY WALKING DOWN THAT PATH LOOKING FOR EVIDENCE?

# 279 A:

YES.

# 280 Q:

AND AT THAT TIME WERE YOU TAKING MEASUREMENTS?

# 281 A:

YES.

# 282 Q:

AND YOU HAD NOT -- HOW CLOSE DID YOU GET TO THE GLOVE?

# 283 A:

WITHIN FEET -- FEET OF IT.

# 284 Q:

HOW MANY?

# 285 A:

ONE OR TWO OR THREE.

# 286 Q:

AND HAD YOU NOTICED THE BLUE OBJECT ON THE OTHER SIDE OF THE FENCE THAT YOU HAVE IDENTIFIED AS ITEM NO. 10?

# 287 A:

I MAY HAVE SEEN IT, BUT I DIDN'T IDENTIFY IT AS BEING RELEVANT EVIDENCE.

# 288 Q:

ALL RIGHT. AND TELL US ABOUT THE THIRD TIME YOU WENT.

# 289 A:

THE THIRD TIME I WENT WAS WITH THE PHOTOGRAPHER.

# 290 Q:

AND WHO WAS THAT? MR. ROKAHR?

# 291 A:

I BELIEVE SO.

# 292 Q:

AND WHEN HE WAS WALKING DOWN THAT PATH, DID HE BANG INTO THE AIR CONDITIONER?

# 293 A:

NO.

# 294 Q:

YOU DON'T RECALL THAT?

# 295 A:

NO, I DON'T.

# 296 Q:

ALL RIGHT. AND THAT WAS MR. ROKAHR WENT WITH YOU AND YOU DIRECTED HIM TO TAKE A PHOTOGRAPH?

# 297 A:

I BELIEVE SO.

# 298 Q:

AND THAT IS PART OF YOUR JOB? YOU ARE SUPPOSED TO DIRECT THE FORENSIC PHOTOGRAPHY?

# 299 A:

YES.

# 300 Q:

AND THEN THE FOURTH TIME YOU WENT THERE, YOU WENT WITH WHOM?

# 301 A:

TO THE BEST OF MY RECOLLECTION IT WAS MYSELF. I WENT BY MYSELF AND DETECTIVE FUHRMAN WENT ON THE OTHER SIDE OF THE FENCE.

# 302 Q:

SO IN OTHER WORDS, YOU WERE WALKING DOWN THE SOUTH WALKWAY AND DETECTIVE FUHRMAN WAS WALKING ON THE OTHER SIDE OF THE FENCE?

# 303 A:

THAT'S HOW I REMEMBER IT.

KEY QUOTE

# 304 Q:

THE TWO OF YOU WERE WALKING PARALLEL?

# 305 A:

WELL, WE ENDED UP AT THE OPPOSITE ENDS OF THE FENCE, YES.

# 306 Q:

AND THEN IT WAS DETECTIVE FUHRMAN THAT POINTED OUT THIS BLUE OBJECT ON THE OTHER SIDE OF THE FENCE?

# 307 A:

I THINK HE HAD INDICATED TO ME THAT THERE WAS ONE BEFORE THAT POINT AND HE WENT OVER TO -- AT THAT POINT TO HELP ME COLLECT IT SO I WOULDN'T HAVE TO WALK ALL THE WAY AROUND.

# 308 Q:

WAIT A SECOND. YOU ARE THE CRIMINALIST, RIGHT?

KEY QUOTE

# 309 A:

YES.

# 310 Q:

AND YOU ARE SAYING THAT DETECTIVE FUHRMAN VOLUNTEERED, HE RUSHED DOWN THAT SOUTH WALKWAY -- HE WALKED DOWN THAT SOUTH WALKWAY, RIGHT?

# 311 A:

I DON'T KNOW IF HE RUSHED OR WALKED.

# 312 Q:

ALL RIGHT. HE WAS THE FELLOW THAT WENT DOWN THERE AND HE PICKED UP THE EVIDENCE?

# 313 A:

AT MY REQUEST.

# 314 Q:

WHAT ABOUT MISS MAZZOLA? YOU COULDN'T USE HER?

# 315 A:

TO THE BEST OF MY RECOLLECTION MISS MAZZOLA WAS PICKING UP THE BLOOD EVIDENCE, 7 -- OR THE RED STAINS 7 AND 8 AT THAT TIME.

# 316 Q:

WELL, DID YOU PERFORM ANY MEASUREMENTS AT THAT POINT ON THE -- THAT BLUE ITEM, THAT BLUE PLASTIC ITEM?

# 317 A:

YES.

# 318 Q:

WELL, DID YOU MEASURE IT -- HOW DID YOU DO THAT? YOU DID IT WITH DETECTIVE FUHRMAN?

# 319 A:

THE PLASTIC THING -- CONTAINER WAS ALMOST PARALLEL TO THE GLOVE, SO I MADE AN ESTIMATE AS TO ITS LOCATION.

# 320 Q:

AND YOU DIDN'T GO AROUND THE FENCE TO TAKE A LOOK AT ANYTHING AROUND THAT PLASTIC CONTAINER? YOU LEFT THAT TO DETECTIVE FUHRMAN?

# 321 A:

YES, I DID.

# 322 Q:

BUT IT IS YOUR JOB, I GUESS -- WELL, ISN'T IT YOUR JOB AS THE CRIMINALIST TO BE COLLECTING THE EVIDENCE?

# 323 (NO AUDIBLE RESPONSE.)

# 324 Q:

YOU ARE THE ONE IN CHARGE OF GATHERING THE EVIDENCE?

# 325 A:

I AM IN CHARGE OF GATHERING EVIDENCE.

# 326 Q:

AND DID DETECTIVE FUHRMAN WEAR ANY RUBBER GLOVES WHEN HE WAS PICKING UP THAT BLUE PLASTIC BAG?

# 327 A:

I BELIEVE HE USED THE SCOOP METHOD THAT I ALSO USE SOMETIMES.

# 328 Q:

WELL, YOU ARE SAYING HE DIDN'T HAVE GLOVES?

# 329 A:

I'M SAYING HE USED A SCOOP METHOD.

# 330 Q:

WELL, IN USING THE SCOOP METHOD, DO YOU KNOW IF HE HAD GLOVES?

# 331 A:

I DON'T KNOW IF HE HAD GLOVES. I DON'T THINK HE DID.

KEY QUOTE

# 332 Q:

DO YOU KNOW ONE WAY OR THE OTHER?

# 333 A:

NO, I DON'T. I DON'T THINK HE DID, THOUGH.

# 334 Q:

WAIT A SECOND. YOU DON'T KNOW ONE WAY OR THE OTHER?

# 335 A:

I'M NOT SURE --

# 336 Q:

YOU DON'T HAVE AN INDEPENDENT RECOLLECTION OF WHETHER HE HAD GLOVES OR NOT; ISN'T THAT RIGHT?

# 337 A:

THAT'S CORRECT.

# 338 MR. SCHECK:

ALL RIGHT. I THINK THIS IS A GOOD TIME FOR A BREAK.

Temperature

devastating

Key Quotes (5)

Dennis Fung

THAT WOULD BE AN INCORRECT INTERPRETATION OF WHAT IS THERE.

Fung concedes the evidence log entry for the glove's location — '118 feet east of the west wall guest house' — is misleading as written, undermining confidence in evidence documentation.

Dennis Fung

THAT'S HOW I REMEMBER IT. [Fuhrman walking the other side of the fence, parallel to Fung]

Fung confirms Fuhrman had independent access to the area where the glove was found during the same collection visit.

Barry Scheck

WAIT A SECOND. YOU ARE THE CRIMINALIST, RIGHT? AND YOU ARE SAYING THAT DETECTIVE FUHRMAN VOLUNTEERED... HE WAS THE FELLOW THAT WENT DOWN THERE AND HE PICKED UP THE EVIDENCE?

Scheck highlights that Fuhrman, a detective and not a criminalist, physically handled evidence — a key chain-of-custody attack.

Dennis Fung

I DON'T KNOW IF HE HAD GLOVES. I DON'T THINK HE DID, THOUGH.

Fung believes Fuhrman collected item #10 without gloves, raising contamination and evidence-planting concerns central to the defense theory.

Dennis Fung

THAT IS WHAT CRIMINALIST MAZZOLA WROTE, YES.

Fung deflects responsibility for the ambiguous location entry to his partner Mazzola, exposing inconsistencies in who documented what.

Evidence (5)

Defense 1072

Surveyor's scale drawing of the Rockingham residence showing distances from Rockingham Avenue to the garage and guest house areas

introduced and displayed on ELMO to challenge glove location measurements

People's 169

Crime scene diagram of Rockingham walkway area with color-coded evidence locations

discussed alongside Defense 1072 to establish where the glove (Item 9) was actually found

Informal

Evidence collection log entry reading '118 feet east of the west wall guest house, one foot four inches south of south wall' for the glove

displayed on ELMO; Fung concedes literal reading would place glove in wrong location — west wall referred to garage, not guest house

Item No. 9

The glove recovered from the south walkway at Rockingham

discussed — Fung confirms he personally recovered it, with Fuhrman on the other side of the fence

Item No. 10

Blue plastic container found on the far side of the fence near the glove

challenged — Fung reveals Fuhrman physically collected this item, possibly without gloves, using a 'scoop method'

Notable Exchanges (4)

Barry Scheck•Dennis Fung

Extended back-and-forth over whether '118 feet east of the west wall guest house' referred to the guest house wall or the garage wall. Fung ultimately admits the entry as written is an incorrect identification, attributing it to the nature of field notes.

strategic and revealing

Barry Scheck•Dennis Fung

Scheck establishes that Fuhrman — not Fung or Mazzola — physically collected Item 10 (the blue plastic container) near the glove, and that Fung cannot confirm Fuhrman wore gloves. Scheck pointedly asks: 'But it is your job... isn't it your job as the criminalist to be collecting the evidence?'

devastating

Barry Scheck•Dennis Fung

Scheck establishes a complete absence of red stains along the pathway from the garage to the glove, and no hair or fibers on the stucco wall or fence near the glove — despite Fung having specifically examined those areas under detective instruction.

methodical and revealing

Lance A. Ito•Barry Scheck

Judge Ito interrupts to note he has 'sustained four irrelevancy objections in a row as to that question,' signaling frustration with Scheck's line on the 118-foot measurement.

procedural tension

Credibility Attacks (3)

⚔ Dennis Fung

prior inconsistent documentation

Scheck uses the evidence log entry to show the written location for the glove — '118 feet east of the west wall guest house' — is ambiguous or incorrect as written, with Fung conceding a literal reading would place the glove in the wrong location entirely.

⚔ Dennis Fung

dereliction of professional duty

Scheck repeatedly presses that Fung, as the criminalist in charge, allowed Detective Fuhrman to physically collect evidence (Item 10) rather than doing so himself, and failed to go around the fence to examine the area around the plastic container.

⚔ Mark Fuhrman

improper evidence handling

Through Fung's testimony, Scheck establishes that Fuhrman likely handled evidence item #10 without gloves ('scoop method'), raising contamination and chain-of-custody concerns consistent with the defense's Fuhrman-planted-evidence theory.

Witness Demeanor

(NO AUDIBLE RESPONSE.) — repeated multiple times when Fung hesitates or does not answer

(BRIEF PAUSE.) — multiple times during diagram examination and transitions

Objections

18 objections (5 sustained, 13 overruled)

Proceeding 5611 • 338 utterances • Prosecution witness

Criminal Trial

Department 103