Recalled direct examination of Dennis Fung

📄 Recalled direct examination of Dennis Fung — Thursday, July 7, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\7\RECALLED-DIRECT-EXAMINATION-OF.DOC

TRIAL

▲ Day 5 of 6

◀ Redirect examination of Thano Peratis Afternoon recess ▶

Witness: Dennis Fung
Examiner: Marcia Clark
Called by: Prosecution • Date: Thursday, July 7, 1994 • Lines: 386

On recalled direct examination, criminalist Dennis Fung described his qualifications and explained how crime-scene evidence should be documented, tested, packaged, and kept within a chain of custody. He traced the collection of the Bronco door-handle stain, the Rockingham blood trail and glove, and the Bundy glove, cap, envelope, bloody shoe impressions, and blood trail, reporting positive presumptive blood tests on the tested stains.

# 1 MS. CLARK:

People call Dennis Fung.

# 2 THE COURT:

Mr. Fung, you have previously been sworn and remain under oath. Please have a seat on the witness stand, and state and spell your name. dennis fung, recalled as a witness by and on behalf of the People, having been previously duly sworn, resumed the stand, was examined and testified further as follows:

# 3 DENNIS FUNG:

My name is Dennis Fung, d-e-n-n-i-s F-u-n-g.

# 4 THE COURT:

You may inquire.

# 5 MS. CLARK:

Thank you, your Honor.

# 6

DIRECT EXAMINATION

# 7

BY MS. CLARK:

# 8 Q:

Sir, what is your job?

# 9 A:

I am a criminalist employed by the Los Angeles police department.

# 10 Q:

What kind of criminalist are you?

# 11 A:

I am assigned to the firearms analysis unit right now, and I am -- my job title is criminalist 3; and that is one of the criminalists who is also a training officer for new criminalists in crime scene processing.

# 12 Q:

How long have you been a criminalist for the Los Angeles police department?

# 13 A:

I have been a criminalist for almost ten years.

# 14 Q:

Can you tell us, sir, what academic degrees you have achieved at this point?

# 15 A:

I have a bachelor of science degree in criminalistics from the California state university at long beach. I have a bachelor of arts degree in chemistry from the California state university at long beach. And those are my degrees there.

# 16 Q:

And what kind of -- if any -- on-the-job training have you had?

# 17 A:

I have received training from supervisors and other criminalists in the laboratory in crime scene processing. I have attended seminars put on by the American academy of forensic sciences and the California association of criminalists regarding crime scene processing and reconstruction. While in college I did an internship with the orange county sheriff's department, in which part of the internship was to go out with their forensic specialists and observe them processing crime scenes. And part of my course work in college involved processing of mock crime scenes.

# 18 Q:

Have you attended any seminars concerning crime scene processing, sir?

# 19 A:

Yes, I have. In 1991, I attended an American academy of forensic sciences seminar and, in 1988, a seminar put on by the California association of criminalists.

# 20 Q:

Can you please explain for us what crime scene processing means?

# 21 A:

Crime scene processing involves the recognition and identification of potential evidence, also the documentation -- documenting the location of that evidence and maintaining a chain of custody for that evidence and the proper collection and packaging of evidence to preserve its integrity.

KEY QUOTE

# 22 Q:

Are there any associations, professional associations, that you are a member of, sir?

# 23 A:

Yes. I am a member of the California association of criminalists. I have been a member since 1984. And I am a provisional member of the association of firearm and toolmark examiners since 1992.

# 24 Q:

Are you involved in the training of any other criminalists more junior than yourself?

# 25 A:

Yes, I am. As I have stated before, I am one of the training officers for the newer criminalists in crime scene processing.

# 26 Q:

And have you done that in any other location other than the one you are doing presently?

# 27 A:

I also have assisted in the training of west valley bureau detectives. We put on a crime scene seminar for them back in -- I think it was 1989.

# 28 Q:

Now, is it part of your training to learn how to properly package and preserve evidence that you have collected from a crime scene?

# 29 A:

Yes, it is.

# 30 Q:

And to properly document that evidence?

# 31 A:

Yes.

# 32 Q:

Is it part of your duty to maintain the chain of custody and the integrity of the evidence you collect?

# 33 A:

yes.

# 34 Q:

Is there any kind of analysis work, that is, blood analysis work, that you perform on the scene when you are out collecting evidence?

# 35 A:

Yes. Out at the scene I will perform what is known as presumptive blood tests, and that is done so That -- well, there are a lot of stains that look like blood; and the presumptive test is a good way to eliminate the collection of stains that are not blood.

# 36 Q:

So you have performed that presumptive test for blood on how many occasions, sir?

# 37 A:

I approximate I have done about 10,000 presumptive tests for blood.

# 38 Q:

How many crime scenes have you processed in your experience?

# 39 A:

I have processed approximately 500 crime scenes.

# 40 Q:

And have you ever qualified as a crime scene processing expert in a court of law?

# 41 A:

Yes, I have.

# 42 Q:

Approximately how many times?

# 43 A:

I have qualified approximately 20 times.

# 44 Q:

Now, were you called out to process a crime scene at approximately 5:30 a.m. on June 13, 1994?

# 45 A:

Yes, I was.

# 46 Q:

And to what location were you directed?

# 47 A:

The location was 360 north Rockingham.

# 48 Q:

You arrived there when?

# 49 A:

I arrived there at 7:10.

# 50 Q:

And when you arrived there, did you make contact with a detective?

# 51 A:

Yes, I did.

# 52 Q:

Who was that?

# 53 A:

I was contacted, or I was met there, by detective Vannatter.

# 54 Q:

And what occurred when you contacted him at that location?

# 55 A:

Detective Vannatter briefed me on the crime scene. He showed me a bloodstain on a bronco on the driver door exterior handle and, also, blood drops along the driveway and a glove on the south side of the house.

# 56 Q:

Directing your attention, sir, to People's 8, photograph "a," first of all, can you tell us who is the gentleman shown in photograph "a"?

# 57 A:

That appears to be me.

# 58 Q:

you?

# 59 A:

me, yes.

# 60 Q:

Do you remember the item that you are pointing to in photograph "a"?

# 61 A:

Yes, I do.

# 62 Q:

What is that?

# 63 A:

That is a -- what I believed to be a bloodstain.

# 64 Q:

And what is being shown in photograph "b"?

# 65 A:

photograph "b" is a close-up of the suspected bloodstain with a scale in it.

# 66 Q:

And for what purpose do you have that ruler in there?

# 67 A:

The ruler is there to indicate the size so that we have something to judge how large that stain was.

# 68 Q:

What does that number 1 in there mean?

# 69 A:

The number 1 is a photo i.d. number used to document the evidence.

# 70 Q:

Do the photo i.d. numbers -- excuse me -- correspond to item numbers in property reports that are prepared by yourself?

# 71 A:

Many times they do, but often -- there are times they do not.

# 72 Q:

When I say "correspond," I mean does every item number have a corresponding photo number.

# 73 A:

yes -- or it should.

# 74 Q:

OKAY. And sometimes the item number and the photo number are the same?

# 75 A:

Yes.

# 76 Q:

But not always?

# 77 A:

That's correct.

# 78 Q:

In this particular case, with respect to the photo number you have indicated in "B," which is 1, for the stain on the door handle, do you know what the corresponding item number is?

# 79 A:

The corresponding item number is item no. 1.

# 80 Q:

What, if anything, did you do with respect to that spot that you appear to be pointing to in photographs "A" and "B"?

# 81 A:

The spot was tested with the presumptive test and came back positive. Then it was measured and ultimately documented and collected.

# 82 Q:

Now, when you say it came back positive for blood, does that test tell you whether the blood is animal or human?

# 83 A:

No, it does not.

# 84 Q:

Just that it is blood?

# 85 A:

Just that it is indicative of blood.

# 86 Q:

Indicative. I think you indicated yesterday, sir, that it could be two other things, three other things. What were they?

# 87 A:

The test is -- will give a false positive -- or is reported to give a false positive with vegetable peroxidases; and those are found in things like cabbage, apple. There are a few other plantlike materials. And there are also chemicals that are oxidizers known as -- an example of that is permanganate or dichromate.

# 88 Q:

Now, you have performed a presumptive test for blood about how many times, sir?

# 89 A:

Approximately 10,000 times.

# 90 Q:

In those 10,000 times, how many of those times have you seen a false positive occur, giving you the result that it was blood when it was, in fact, one of those other things you named that I can't even pronounce?

# 91 A:

To my knowledge, none of them.

KEY QUOTE

# 92 Q:

Now, after you performed that test on the item no. 1 that you have indicated on the ford bronco, did you proceed to test some other blood drops?

# 93 A:

Yes, I did.

# 94 Q:

And where were those located, sir?

# 95 A:

There were other blood drops proceeding along the rear of the bronco, leading up to the driveway along -- inside the driveway of the compound and leading towards the front entrance of the house.

# 96 Q:

Showing you People's 6, directing your attention specifically to photographs "D," "E" and "F," do you see all of those these little pieces of paper on the driveway?

# 97 A:

Yes, I do.

# 98 Q:

Can you tell us what they are?

# 99 A:

Those are markers indicating where there were red stains.

# 100 Q:

And do those markers indicate stains that you tested, sir?

# 101 A:

Yes.

# 102 Q:

Now, could you -- first of all -- I meant to ask you before -- with respect to that presumptive test for blood, how is it performed? What do you do?

# 103 A:

We -- we will wet a cotton swab with distilled water, apply the wet swab to the stain so that the suspected blood is absorbed onto the swab. phenolphthalein is applied to the swab at that point, and I have observed a slight greenish cast appear at that point. The second step is to add hydrogen peroxide, and a very bright pink color shows up almost immediately at that point; And that would be a positive test.

# 104 Q:

When the bright pink color comes up, that means it is positive for blood -- I'm sorry -- positive for an indication of blood?

# 105 A:

Yes.

# 106 Q:

And you performed a test in that manner with respect to the item you have indicated in photo no. 1 and item 1, the spot on the door handle of the ford bronco?

# 107 A:

Yes.

# 108 Q:

How do you collect bloodstains from a crime scene?

# 109 A:

Generally, stains are transferred onto a swatch by first wetting the swatch with distilled water, applying it to the stain so the blood is absorbed onto the swatch; and at that point it is put into a plastic bag and then put into a coin envelope, where it is labeled with the corresponding photo i.d. number.

# 110 Q:

Now, is it also your job, sir, to package all of the evidence that you collect and label it with what is known as a D.R. number?

# 111 A:

Yes, it is.

# 112 Q:

And did you do so in this case?

# 113 A:

Yes, I did.

# 114 Q:

Now I am going to be directing your attention to items no. 1 through 8. Did you prepare a report documenting what item nos. 1 through 8 are in this case?

# 115 A:

Yes, I did.

# 116 Q:

Did you collect them, sir?

# 117 A:

I did; along with my assistant, criminalist Mazzola.

# 118 Q:

Is that another criminalist with the Los Angeles police department?

# 119 A:

Yes.

# 120 Q:

Do you usually send two criminalists to a crime scene?

# 121 A:

Not always, no.

# 122 Q:

What was this criminalist doing with you on that particular day?

# 123 A:

She was there to learn how to process scenes.

# 124 Q:

You were showing her how it is done?

# 125 A:

Yes.

# 126 Q:

Now, with respect to items 1 through 8, what are those items, sir, as described in your report?

# 127 A:

Item 1 is a cloth swatch used to transfer a red stain. Item 2 is a wood stick. Item 3 is a marlboro cigarette butt. Item 4 is another cloth swatch used to transfer a red stain. To make it easier, items 4 through 8 are cloth swatches used to transfer red stains. Is that all you asked for?

# 128 Q:

That's all I asked for.

# 129 A:

Okay.

# 130 Q:

OKAY. As to item 1, sir, that was the ford bronco you already testified to?

# 131 A:

Yes.

# 132 Q:

With respect to items 4 through 8, those were bloodstains, also?

# 133 A:

Yes.

# 134 Q:

Where were those recovered?

# 135 A:

Items 4 through 8?

# 136 Q:

Yes.

# 137 A:

Items 4 through 8 were collected within the driveway of 360 north Rockingham. There was a trail starting from the gate and leading up to the front door of the house.

# 138 Q:

Starting from the gate, sir?

# 139 A:

The gate on, I believe, Rockingham.

# 140 Q:

Let me show you the photographs that you have seen, that were previously marked as People's 8. You see photograph "c" and photograph "d"?

# 141 A:

Yes.

# 142 Q:

In photograph "c," do you see a marker with the number 4 on it?

# 143 A:

Yes, I do.

# 144 Q:

And that is on the asphalt right behind the ford bronco?

# 145 A:

Yes.

# 146 Q:

And photograph "d" appears to be of the asphalt, also?

# 147 A:

Yes.

# 148 Q:

A close-up of item no. 4?

# 149 A:

Possibly, yes.

# 150 Q:

Well, sir, do you see any other markers on asphalt?

# 151 A:

No.

# 152 Q:

So do you think that photograph "d" is a close-up of the photograph shown in "C"?

# 153 A:

It is a good possibility.

# 154 Q:

How many cloth swatches do you have of blood recovered from asphalt in your report, sir?

# 155 A:

Just one.

# 156 Q:

And is that one the item no. 4?

# 157 A:

Yes, it is.

# 158 Q:

And does "D" appear to be a close-up of a stain on asphalt, sir?

# 159 A:

Yes.

# 160 Q:

May we deduce that is the close-up of item no. 4?

# 161 A:

Yes.

# 162 Q:

And what did you determine -- what test did you perform on that item?

# 163 A:

Item no. 4?

# 164 Q:

Yes.

# 165 A:

I did a presumptive test for blood.

# 166 Q:

And the result was?

# 167 A:

Positive.

# 168 Q:

And item No. -- so, then, that was a blood Drop -- indicative of a blood drop behind the ford bronco?

# 169 A:

Yes.

# 170 Q:

Item no. 4?

# 171 A:

Yes.

# 172 Q:

And were there other blood drops leading up through the driveway, towards the residence, that you tested?

# 173 A:

Yes.

# 174 Q:

And were those items 5, 6, 7 and 8?

# 175 A:

Yes.

# 176 Q:

And you performed the same presumptive blood test?

# 177 A:

Yes.

# 178 Q:

The result was?

# 179 A:

They all were indicative of the presence of blood.

# 180 Q:

How did you record these results?

# 181 A:

The results were recorded on a crime scene checklist.

# 182 Q:

That's a form you take with you to a crime scene?

# 183 A:

Yes.

# 184 Q:

And were all of those items packaged by yourself, bearing the D.R. number of this case?

# 185 A:

Yes. I may have had some assistance from criminalist Mazzola with some of these items.

# 186 Q:

Did you assure yourself the packaging was properly done and all items bore the same D.R. number?

# 187 A:

Yes.

# 188 Q:

And what is the D.R. number for this case?

# 189 A:

The D.R. number for this case is 94-08-17431.

# 190 Q:

Did you assure yourself all items packaged and collected by you bore that D.R. number?

# 191 A:

As far as I know, yes.

# 192 Q:

Did you collect any other item -- well, let me direct your attention to item No. 9 on your property report, sir.

# 193 A:

Yes.

# 194 Q:

What item is that, and where did you collect it from?

# 195 A:

Item No. 9 is a brown leather glove, a Right-handed one, with red stains.

# 196 Q:

Collected from where?

# 197 A:

That is collected from the south side of the house.

# 198 Q:

Showing you the photographs that have been previously marked as People's 9, i am going to ask you if you recognize the location shown in photographs "A," "B," "C," "D."

# 199 A:

Yes. I do.

# 200 Q:

What location is that?

# 201 A:

That is the south side of the house of 360 north Rockingham.

# 202 Q:

And showing you the photograph that has previously been marked as People's 21, do you recognize that?

# 203 A:

Yes, I do.

# 204 Q:

Does that appear to be the same glove in the same location as that depicted in photographs "A" through "D" -- and "E"?

# 205 A:

Yes.

# 206 Q:

OKAY. Now, "E," that photograph "E," do you recognize that one -- that photograph, sir?

# 207 A:

I haven't seen it -- well, it appears to be a depiction of the item No. 9.

# 208 Q:

Did you cause that photograph to be taken or have some part in setting that up?

# 209 A:

Yes. Detective Vannatter asked me to have the glove photographed, and I did. I had some lab personnel do that.

# 210 Q:

And it has "item No. 9" on it. What does that tell you?

# 211 A:

That indicates to me that that is the same glove that is depicted in People's 21.

# 212 Q:

And in the other photographs that you have previously identified, "a," "b," "c" and "d"?

# 213 A:

Yes.

# 214 Q:

Did you perform some test on item No. 9, that glove, at the location where you found it?

# 215 A:

Yes, I did.

# 216 Q:

And what kind of test was that?

# 217 A:

I performed the presumptive test for blood on it, and it came back with a positive result.

# 218 Q:

After you obtained the results on item no. 1 and items 4 through 8 and item No. 9, the glove, did you collect those items?

# 219 A:

Yes, I did.

# 220 Q:

And you indicated earlier you had them all packaged?

# 221 A:

Yes.

# 222 Q:

And all were labeled with the D.R. number for this case?

# 223 A:

Yes.

# 224 Q:

In what manner did you package the blood swatches that you obtained from the location of 360 Rockingham?

# 225 A:

Initially, I put them -- put the cloth swatches in plastic bags individually, then placed the plastic bags into a coin envelope and labeled the envelope with a photo i.d. number.

# 226 Q:

And with respect to the glove, item No. 9, how did you package that?

# 227 A:

The glove in item No. 9 was packaged in a brown paper bag.

# 228 Q:

Now, the photographs that I have shown you with respect to the ford bronco and the driveway -- and let me also show you People's 6 again. Now I am referring to People's 6 --

# 229 A:

Yes.

# 230 Q:

-- People's 9 --

# 231 A:

Yes.

# 232 Q:

-- And People's 8.

# 233 A:

Yes.

# 234 Q:

Do these photographs accurately depict the evidence and the location in which you found them, the condition in which you found them?

# 235 A:

Yes, they do.

# 236 Q:

At what time did you complete your work at the Rockingham avenue address?

# 237 A:

We completed the collection and documentation at approximately 10 o'clock.

# 238 Q:

And where did you go after that?

# 239 A:

At that point we proceeded on to -- I forgot the address -- we proceeded on to 875 south Bundy.

# 240 Q:

And what time did you arrive there?

# 241 A:

We arrived there at 10:15.

# 242 Q:

Did you meet with a detective at that location, sir?

# 243 A:

Yes, I did.

# 244 Q:

Who?

# 245 A:

I was met there by the officer in charge of the scene, detective Lange.

# 246 Q:

Did you talk to him when you got there?

# 247 A:

Yes, I did.

# 248 Q:

Did he tell you something?

# 249 A:

Yes. He told me items of evidence he wanted me to collect, and he showed to me a blood trail and some shoe prints which appeared to be bloody shoe prints.

# 250 Q:

Did he ask you to do something with them?

# 251 A:

He asked that I photograph them and measure their locations.

# 252 Q:

And did you prepare a report of what you did with respect to the evidence you recovered at the scene at 875 south Bundy?

# 253 A:

Yes. I did prepare a property report.

# 254 Q:

Now, did you have any interaction with the bodies of any of the victims at the crime scene?

# 255 A:

I briefly saw them being removed, but no.

# 256 Q:

Is it part of your job to have any contact with the bodies of victims when you go to crime scenes to process them?

# 257 A:

Under certain circumstances I may, but the bodies are under the jurisdiction of the coroner's office.

# 258 Q:

Now, sir, did you recover -- did you recover a glove from the location of 875 south Bundy?

# 259 A:

Yes, I did.

# 260 Q:

Showing you the photograph that has been previously marked as People's 12, can you tell me if you recognize what is shown there?

# 261 A:

Yes. In the photograph marked People's 12, the brown glove is depicted along with a photo i.d. number 102.

# 262 Q:

And that photo i.d. number 102 corresponds to what items, sir?

# 263 A:

Photo i.d. No. 102 corresponds to item No. 37.

# 264 Q:

Did you prepare a report concerning any analysis you may have performed on that item?

# 265 A:

I did no -- i did not do an analysis of the glove at the scene.

# 266 Q:

You did not?

# 267 A:

No.

# 268 Q:

Why not?

# 269 A:

It was not necessary at -- for the investigative process at that time.

# 270 Q:

Directing your attention, sir, to the photograph that has been previously marked People's 11, can you tell us what is depicted there?

# 271 A:

The photograph marked People's 11 depicts a dark blue watch cap, and next to it is a marker with the number 103.

# 272 Q:

And that corresponds to what item number, sir?

# 273 A:

That corresponds to item No. 38.

# 274 Q:

And what test did you perform on that item?

# 275 A:

No test was done on the cap at that point in time.

# 276 Q:

Why not?

# 277 A:

It was not necessary for the investigative process at that time.

# 278 Q:

What do you mean by that?

# 279 A:

It is best to not manipulate the evidence and to leave it in as much an undisturbed condition as possible so that it can later be analyzed in a proper setting, back at the laboratory. By manipulating the evidence out at the scene, valuable trace evidence could be lost; so what we try to do is just leave it as undisturbed as possible by packaging it and bringing it back to the lab.

KEY QUOTE

# 280 Q:

You try to do as little testing as you can of items in order to preserve them?

# 281 A:

Yes.

# 282 Q:

And only if it is absolutely necessary do you test them at the scene?

# 283 A:

Yes.

# 284 Q:

In what manner was the glove, item No. 37, packaged, sir?

# 285 A:

The glove in item No. 37 was packaged in a brown paper bag.

# 286 Q:

I am showing you photograph People's 10 for identification. Can you tell us what is in that photograph?

# 287 A:

The photograph marked People's 10 depicts an envelope with red stains on it, and next to it is a card marked "104."

# 288 Q:

And that corresponds to item number?

# 289 A:

That corresponds to item No. 39.

# 290 Q:

And that is another item of evidence you collected?

# 291 A:

Yes, it is.

# 292 Q:

In what manner did you package that?

# 293 A:

That also was placed into a brown paper bag.

# 294 Q:

Showing you People's 14, if you can, sir, does that depict all three items -- the blue knit cap, the glove and the envelope -- as you found them?

# 295 A:

Yes.

# 296 Q:

And the items you have just described in photo i.d. 102, 103, 104, as depicted in People's 10, 11, 12 and 14, are those all shown in the manner in which you found them and the condition in which you found them at the crime scene?

# 297 A:

Yes.

# 298 Q:

With respect to all of those items, sir, did you take them and package them with the -- bearing the D.R. number for this case?

# 299 A:

Yes, I did.

# 300 Q:

Showing you People's 15 for identification -- a Yes. Photograph marked People's 15 depicts a large red stain, and next to it is a card marked "107."

# 301 Q:

-- Were you directed to preserve, photograph and test bloody shoe prints at that scene?

# 302 A:

Yes, I was.

# 303 Q:

Do you see one of them in that photograph, People's 15?

# 304 A:

Yes, I do.

# 305 Q:

And where is it, sir? Can you point it out, please?

# 306 A:

It appears on the first step, and it is to the right -- top right corner of the photograph.

# 307 Q:

If you could show the court.

# 308 THE COURT:

Are you referring to right here in this area?

# 309 DENNIS FUNG:

Yes.

# 310

BY MS. CLARK:

# 311 Q:

And what did you do to preserve those particular shoe prints, those bloody shoe prints?

# 312 A:

The shoe prints were photographed in double scale, and I did take a sample of -- a sample from two of the shoe prints.

# 313 Q:

a blood sample?

# 314 A:

It was --

# 315 Q:

What appeared to be.

# 316 A:

Yes.

# 317 Q:

YES. Now, were you also requested to photograph and test a trail of blood drops at that location?

# 318 A:

Yes, I was.

# 319 Q:

Showing you People's 19 and 20, sir, can you tell me if you recognize these photographs?

# 320 A:

Yes, I do.

# 321 Q:

And can you tell us, first of all, with respect to People's 19 --

# 322 A:

People's 19 depicts -- depicts four of the red stains along the north path along the house at 870 Bundy -- 875 Bundy.

# 323 Q:

Were there some bloody shoe prints at some point to the right of those blood drops?

# 324 A:

Yes, there were.

# 325 Q:

Now, the numbers that are shown in photographs "b," "c," "d," "e," "f" and "g," 112 through 115, are those photo i.d. numbers?

# 326 A:

Yes, they are.

# 327 Q:

Do they correspond to item numbers?

# 328 A:

Yes, they do.

# 329 Q:

What item numbers do they correspond to?

# 330 A:

They correspond to item nos. 47 through 50.

# 331 Q:

So 47 would be photo i.d. no. 112?

# 332 A:

Yes.

# 333 Q:

And then 49 would be -- item 49 would be photo i.d. no. 114?

# 334 A:

Yes.

# 335 Q:

And 114 is shown close up in photograph "e"?

# 336 A:

Yes, it is.

# 337 Q:

And is it shown in perspective in photograph "d"?

# 338 A:

Yes, it is.

# 339 Q:

And do you recall -- do you have an independent recollection of how that location looked -- the location shown in photograph "d"?

# 340 A:

Somewhat.

# 341 Q:

Were those stairs leading back to an alley, sir?

# 342 A:

Yes, they were.

# 343 Q:

Did you perform some kind of test on item 49 while you were at 875 south Bundy?

# 344 A:

Yes, I did.

# 345 Q:

And what about item nos. 47, 48, 50 and 52?

# 346 A:

Yes. I did presumptive tests on those stains.

# 347 Q:

Now, the item numbers I have just stated, item No. 47 is shown in photograph -- close up in photograph "b"?

# 348 A:

Yes.

# 349 Q:

And item No. 48 is shown close up in photograph "c"?

# 350 A:

Yes.

# 351 Q:

Item No. 49 shown in close-up in photograph "e"?

# 352 A:

Yes.

# 353 Q:

Item No. 50 shown close-up in photograph "g"?

# 354 A:

Yes.

# 355 Q:

Now, does photograph "f" show the blood drop in photograph "g" in perspective for its general location?

# 356 A:

Let me take a closer look.

# 357 Q:

YES.

# 358 A:

Yes, it does.

# 359 Q:

And the gate shown in photograph "f," is that the rear gate leading out to the alley?

# 360 A:

Yes, it is.

# 361 Q:

Showing you People's 20, sir, with respect to photograph "c," do you see photo i.d. no. 117?

# 362 A:

Yes.

# 363 Q:

And that corresponds to what item number?

# 364 A:

That corresponds to item no. 52.

# 365 Q:

And is that close-up shown in perspective in photograph "b"?

# 366 A:

Yes, it is.

# 367 Q:

Where is the location that the item shown in photo i.d. no. 117 was found?

# 368 A:

That is on the driveway on the alley behind the house.

# 369 Q:

The driveway to the rear of the residence?

# 370 A:

Yes.

# 371 Q:

Is that the wheel of a car you see at the left side of the photograph as we face it in photograph "b"?

# 372 A:

Yes.

# 373 Q:

And is that the alley running behind the house that we see at the upper left-hand corner of photograph "b" as we face it?

# 374 A:

Yes.

# 375 Q:

And it was on that driveway that item no. 117 was found?

# 376 A:

Yes.

# 377 Q:

I'm sorry; Photo i.d. no. 117 was found?

# 378 A:

Yes.

# 379 Q:

And that is item no. 52?

# 380 A:

Yes, it is.

# 381 Q:

With respect to each of those photo i.d. and item numbers discussed, did you perform a test?

# 382 A:

Yes.

# 383 Q:

What kind of test?

# 384 A:

The presumptive test for blood.

# 385 Q:

And what was the result with respect to all of those item numbers?

# 386 A:

They were positive, indicating the presence of blood.

KEY QUOTE

Temperature

procedural

Key Quotes (4)

Dennis Fung

Crime scene processing involves the recognition and identification of potential evidence, also the documentation -- documenting the location of that evidence and maintaining a chain of custody for that evidence and the proper collection and packaging of evidence to preserve its integrity.

Fung defined the duties the prosecution sought to prove he followed at both crime scenes.

Dennis Fung

To my knowledge, none of them.

Fung said that in approximately 10,000 presumptive blood tests he had never knowingly encountered a false positive, strengthening the prosecution's reliance on the scene-test results.

Dennis Fung

It is best to not manipulate the evidence and to leave it in as much an undisturbed condition as possible so that it can later be analyzed in a proper setting, back at the laboratory.

This explained why the Bundy glove and cap were collected without being tested at the scene and framed non-testing as a preservation measure.

Dennis Fung

They were positive, indicating the presence of blood.

Fung confirmed that all of the discussed stains along the Bundy path and rear driveway gave positive presumptive results.

Evidence (27)

People's 8

Photographs A-D documenting the suspected bloodstain on the Bronco's exterior driver's-door handle and the asphalt stain marked as item 4 behind the vehicle.

displayed and discussed

People's 6

Photographs D-F showing evidence markers for tested red stains along the driveway at 360 North Rockingham.

displayed and discussed

Informal

Item 1, a cloth swatch transferring the red stain from the Bronco's exterior driver's-door handle; the presumptive blood test was positive.

collected, tested, and discussed

Informal

Item 2, a wood stick listed in Fung's property report.

discussed

Informal

Item 3, a Marlboro cigarette butt listed in Fung's property report.

discussed

Informal

Items 4-8, cloth swatches of red stains forming a trail from the Rockingham gate toward the front door; all tested presumptively positive for blood.

collected, tested, and discussed

+ 21 more

Notable Exchanges (5)

Marcia Clark•Dennis Fung

Clark established Fung's education, nearly ten years of experience, approximately 500 processed scenes, approximately 10,000 presumptive blood tests, and prior qualification as a crime-scene expert.

methodical

Marcia Clark•Dennis Fung

Clark emphasized that although the presumptive test can theoretically react to plant peroxidases or oxidizing chemicals, Fung had never knowingly seen a false positive in roughly 10,000 tests.

strategic

Marcia Clark•Dennis Fung

When Fung was initially tentative about whether People's 8 photograph D was a close-up of item 4, Clark walked him through the report and the absence of any other asphalt marker until he agreed with the identification.

carefully leading

Marcia Clark•Dennis Fung

Fung explained that leaving the Bundy glove and cap untested minimized manipulation and protected trace evidence for later laboratory analysis.

revealing

Kathleen Kennedy-Powell•Dennis Fung

The judge helped identify the area of the bloody shoe impression in People's 15, and Fung confirmed the indicated location.

procedural

Light Moments (2)

Marcia Clark

Clark jokingly referred to the substances capable of causing false positives as "those other things you named that I can't even pronounce."

Marcia Clark and Dennis Fung

When Fung identified himself in a photograph by saying, "That appears to be me," Clark replied, "you?" and Fung answered, "me, yes."

Objections

None recorded

Proceeding 9144 • 386 lines • Prosecution witness

Preliminary Trial

Department 103