Recross-examination of Dennis Fung

📄 Recross-examination of Dennis Fung — Wednesday, July 6, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\6\RECROSS-EXAMINATION-OF-DENNIS-.DOC

TRIAL

▲ Day 4 of 6

◀ Redirect examination of Dennis Fung Exhibits and argument on defense motion to suppress evidence ▶

Witness: Dennis Fung
Examiner: Marcia Clark
Called by: Defense • Date: Wednesday, July 6, 1994 • Lines: 15

Marcia Clark used a short recross to clarify Dennis Fung's testimony about substances that can cause false-positive blood-test results. Fung named vegetable compounds, permanganate, and dichromate, but said the chemicals are not normally common household products; he was then excused without further questioning.

# 1

RECROSS-EXAMINATION

# 2

BY MS. CLARK:

# 3 Q:

When you indicated that there were other substances that may test positive for blood that are not blood --

# 4 A:

Yes.

# 5 Q:

-- What are those?

# 6 A:

There are vegetable compounds that will give a false positive and there are some other chemicals such as permanganate and dichromate that may also give a false positive.

KEY QUOTE

# 7 Q:

What are those chemicals?

# 8 A:

They're --

# 9 Q:

Let me ask you a different question, sir. Are those common household chemicals?

# 10 A:

Normally not, no.

# 11 MS. CLARK:

Thank you, I have nothing further.

# 12 THE COURT:

Mr. Uelmen, anything further?

# 13 MR. UELMEN:

Nothing further.

# 14 THE COURT:

Thank you, Mr. Fung. You may step down. Please do not discuss your testimony with anyone but the lawyers.

# 15 DENNIS FUNG:

Thank you, Your Honor.

Temperature

routine

Key Quotes (2)

Dennis Fung

There are vegetable compounds that will give a false positive and there are some other chemicals such as permanganate and dichromate that may also give a false positive.

Fung identified specific non-blood substances capable of producing a false-positive blood test.

Dennis Fung

Normally not, no.

Fung clarified that the chemicals he identified are generally not common household chemicals, limiting the practical force of the false-positive possibility.

Evidence (1)

Informal

Blood and possible non-blood substances that can produce a false-positive blood test, including vegetable compounds, permanganate, and dichromate.

discussed

Notable Exchanges (2)

Marcia Clark•Dennis Fung

Clark briefly revisited the possibility of false-positive blood tests, then established that the chemicals Fung named are not normally found in households.

strategic

Kathleen Kennedy-Powell•Gerald Uelmen•Dennis Fung

After both sides declined further questioning, the judge excused Fung and instructed him not to discuss his testimony except with the lawyers.

procedural

Objections

None recorded

Proceeding 9134 • 15 lines • Defense witness

Preliminary Trial

Department 103