Redirect examination of Dennis Fung

📄 Redirect examination of Dennis Fung — Wednesday, July 6, 1994

Address:

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

TRIAL

▲ Day 4 of 6

◀ Cross-examination of Dennis Fung Recross-examination of Dennis Fung ▶

Witness: Dennis Fung
Examiner: Gerald Uelmen
Called by: Defense • Date: Wednesday, July 6, 1994 • Lines: 27

Uelmen clarified that Fung's presumptive blood test could only indicate that blood might be present, was not conclusive, and could produce false positives. Fung also confirmed from his notes that on June 13 he tested only one stain on the exterior of the Ford Bronco.

# 1

REDIRECT EXAMINATION

# 2

BY MR. UELMEN:

# 3 Q:

I am a little bit confused. Tell us again what a presumptive test tells you.

# 4 A:

A presumptive test can eliminate whether a suspected stain is blood or not; and it can -- it is a good indication whether a stain is blood, but it is not a confirmation. It is not 100 percent infallible.

KEY QUOTE

# 5 Q:

In other words, other substances than blood may give you a positive reaction to this test?

# 6 A:

There are a few substances reported in the literature that will give a false positive, yes.

KEY QUOTE

# 7 Q:

All right. So when you say the test is positive for blood, you're not telling us that the test has indicated to you that the substance is in fact blood; is that correct?

# 8 MS. CLARK:

Objection, Your Honor. This is irrelevant. I went into this witness's -- the result that he obtained in order to inquire into detective Vannatter's state of mind and good faith belief that there was blood determined to be on the surfaces tested. The reliability of the test is a matter for later testimony, I'm sure, and cross-examination would be appropriate at that time. At this point, we're inquiring into the officer's state of mind and that's all.

# 9 THE COURT:

Do you expect to go at length into this at this point?

# 10 MR. UELMEN:

No, Your Honor.

# 11 THE COURT:

All right. The objection is overruled.

# 12

BY MR. UELMEN:

# 13 Q:

The results of presumptive tests were not, then, quote, positive for blood, were they?

# 14 A:

They are an indication that blood may be present.

KEY QUOTE

# 15 Q:

You indicated that you performed a presumptive test of this nature on a Ford Bronco automobile?

# 16 A:

Yes.

# 17 Q:

Now was your examination limited to the exterior of the Ford Bronco?

# 18 A:

On June 13th, it was.

# 19 Q:

All right. And how many stains on the Ford Bronco did you test?

# 20 A:

I believe -- um, one or two. I don't recall.

# 21 Q:

One or two?

# 22 A:

Yes.

# 23 Q:

Would you check your records to see whether it was one or two.

# 24 A:

My notes indicate that it was one.

KEY QUOTE

# 25 Q:

Thank you, sir.

# 26 THE COURT:

Ms. Clark, anything further?

# 27 MS. CLARK:

One question, Your Honor, if I may.

Temperature

procedural

Key Quotes (4)

Dennis Fung

A presumptive test can eliminate whether a suspected stain is blood or not; and it can -- it is a good indication whether a stain is blood, but it is not a confirmation. It is not 100 percent infallible.

Fung directly acknowledged the central limitation of the presumptive blood test.

Dennis Fung

There are a few substances reported in the literature that will give a false positive, yes.

This established that a positive reaction did not conclusively prove the tested material was blood.

Dennis Fung

They are an indication that blood may be present.

Fung carefully limited the meaning of a positive presumptive result rather than identifying the stain as confirmed blood.

Dennis Fung

My notes indicate that it was one.

After initially recalling one or two tested stains, Fung used his notes to confirm that only one Bronco stain was tested.

Evidence (3)

Informal

A Ford Bronco whose exterior was examined for suspected bloodstains on June 13.

discussed

Informal

One stain on the exterior of the Ford Bronco that Fung subjected to a presumptive blood test.

discussed

Informal

Fung's records or notes, which showed that he tested one stain on the Bronco.

consulted

Notable Exchanges (3)

Marcia Clark•Gerald Uelmen•Kathleen Kennedy-Powell

Clark objected that the reliability of the presumptive test was irrelevant because her inquiry concerned Detective Vannatter's state of mind and good-faith belief. After Uelmen said he would not pursue the issue at length, the judge allowed the questioning.

strategic

Gerald Uelmen•Dennis Fung

Uelmen pressed Fung to distinguish a presumptive indication from confirmed blood, eliciting admissions that the test was fallible and could produce false positives.

revealing

Gerald Uelmen•Dennis Fung

Fung first recalled testing one or two Bronco stains, then checked his notes and confirmed that only one was tested.

procedural

Credibility Attacks (2)

⚔ Dennis Fung

challenging reliability and scope of forensic testing

Uelmen emphasized that Fung's presumptive test could produce false positives and could not establish with certainty that a stain was blood.

⚔ Dennis Fung

testing recollection against contemporaneous notes

Fung initially could not recall whether he tested one or two stains on the Bronco; after consulting his notes, he confirmed that he tested one.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 9133 • 27 lines • Defense witness

Preliminary Trial

Department 103