Argument concerning the proposed testimony of Dennis Fung

📄 Argument concerning the proposed testimony of Dennis Fung — Wednesday, July 6, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\6\ARGUMENT-CONCERNING-THE-PROPOS.DOC

TRIAL

▲ Day 4 of 6

◀ Defense direct examination of recalled witness Philip Vannatter Arrangements for the attendance and sequencing of defense witnesses ▶

Date: Wednesday, July 6, 1994 • Lines: 5

The defense announced that it would call criminalist Dennis Fung. Marcia Clark challenged the relevance of his anticipated testimony about whether blood was human or animal and requested an offer of proof, but Judge Kennedy-Powell declined to require one and allowed the questioning to begin provisionally.

# 1 MR. UELMEN:

We would call Mr. Fung.

KEY QUOTE

# 2 THE COURT:

All right.

# 3 MS. CLARK:

Your Honor, with respect to the questioning that has already occurred, I would ask counsel to give us offer of proof as to the relevance of the testimony of this witness in light of the fact that he has indicated, I believe, during the cross-examination of Detective Vannatter that he intends to prove that the criminalist could not come up with a conclusion as to whether or not it was human or animal blood. There is no relevance to that inquiry at this time.

# 4 THE COURT:

Well, I'm not going to require offer of proof at this point in time. They've indicated they intend to call this witness, and I'll let you ask your questions, at least initially, and see if we're in relevant testimony.

KEY QUOTE

# 5 MS. CLARK:

Thank you, Your Honor.

Temperature

procedural

Key Quotes (4)

Gerald Uelmen

We would call Mr. Fung.

The defense announced its intention to call criminalist Dennis Fung.

Marcia Clark

There is no relevance to that inquiry at this time.

The prosecution challenged the relevance of anticipated testimony about whether blood was human or animal.

Kathleen Kennedy-Powell

Well, I'm not going to require offer of proof at this point in time.

The judge declined to make the defense justify Fung's testimony before questioning began.

Kathleen Kennedy-Powell

I'll let you ask your questions, at least initially, and see if we're in relevant testimony.

The court allowed the examination to begin while reserving judgment on whether the testimony would remain relevant.

Evidence (1)

Informal

Unnumbered blood evidence that the defense expected criminalist Dennis Fung to address, specifically whether it could be identified as human or animal blood.

discussed

Notable Exchanges (1)

Marcia Clark•Kathleen Kennedy-Powell

Clark requested an offer of proof and argued that the anticipated human-versus-animal blood testimony was irrelevant; Kennedy-Powell declined the request and permitted initial questioning to test relevance as the testimony developed.

procedural

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 9118 • 5 lines

Preliminary Trial

Department 103