MONDAY, APRIL 3, 1995
DIRECT EXAMINATION BY MR. GOLDBERG:
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MR. GOLDBERG: WHAT IS YOUR OCCUPATION AND YOUR ASSIGNMENT?
MR. FUNG: I AM A CRIMINALIST EMPLOYED BY THE LOS ANGELES POLICE DEPARTMENT. I'M ASSIGNED TO THE FIREARMS ANALYSISUNIT OF THE SCIENTIFIC INVESTIGATION DIVISION.
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MR. GOLDBERG: ON JUNE THE 13TH OF 1994, WERE YOU RESPONSIBLE FOR COLLECTING CERTAIN EVIDENCE AT 360 NORTHROCKINGHAM AND 875 BUNDY IN THE CITY OF LOS ANGELES?
MR. FUNG: YES.
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MR GOLDBERG: YOU SAID YOU WERE A CRIMINALIST?
MR. FUNG: YES. A CRIMINALIST IS SOMEBODY WHO EMPLOYS THE PRINCIPLES OF THE NATURAL AND PHYSICAL SCIENCES TOIDENTIFY, DOCUMENT, PRESERVE AND ANALYZE EVIDENCE THAT IS RELATED TO A CRIME. HE LATER TESTIFIES TO HIS FINDINGS INA COURT OF LAW.
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MR. GOLDBERG: WHEN DID YOU BECOME A CRIMINALIST AT THE LOS ANGELES POLICE DEPARTMENT?
MR. FUNG: IN OCTOBER OF 1984.
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MR. GOLDBERG: ON THE DATE OF JUNE THE 13TH, YOU WERE WORKING WITH ANDREA MAZZOLA?
MR. FUNG: YES, I WAS.
MR. GOLDBERG: AND WAS SHE A CRIMINALIST I?
MR. FUNG: YES.
MR. GOLDBERG: APPROXIMATELY HOW MANY CRIME SCENES WOULD YOU SAY THAT YOU'VE INVESTIGATED OVER THE COURSE OF YOUR CAREER?
MR. FUNG: APPROXIMATELY 500 CRIME SCENE INVESTIGATIONS.
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MR. GOLDBERG: DIRECTING YOUR ATTENTION NOW BACK TO JUNE THE 13TH OF 1994, AT APPROXIMATELY 5:30 OR SO IN THE MORNING,DID YOU RECEIVE A CALL?
MR. FUNG: YES, I DID.
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MR. GOLDBERG: AND WHAT WAS THE NATURE OF THE CALL?
MR. FUNG: IT WAS A CALL FROM CRIMINALIST MAZZOLA INFORMING ME THAT THERE WAS A HOMICIDE WE WERE REQUESTED TO RESPOND TO IN THE WEST L.A. DIVISION.
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MR. GOLDBERG: AND WHY DID YOU DECIDE THAT YOU WERE GOING TO BECOME THE PERSON IN CHARGE OF THE INVESTIGATION AS OPPOSED TO ANDREA MAZZOLA?
MR. FUNG: WHEN I FOUND OUT THAT IT WAS A HIGH PROFILE CASE AND IT WOULD BE A COMPLICATEDSCENE, I DECIDED THAT SHE SHOULD IN THE SENSE TAKE THE BACKSEAT.
*****
MR. GOLDBERG: NOW, AFTER YOU ARRIVED AT THE LOCATION AT ROCKINGHAM AT APPROXIMATELY YOU SAID 7:10 A.M., WHAT WAS THE VERY FIRST THING YOU DID WHEN YOU GOT THERE?
MR. FUNG: I WAS MET BY DETECTIVE VANNATTER, AND HE GAVE ME A BRIEFING AS TO WHAT HE HAD ATTHE CRIME SCENE AND WHAT HE WANTED ME TO DO. HE SHOWED ME A RED STAIN ON THE DRIVER DOOR OFTHE BRONCO AND A BLOOD TRAIL LEADING FROM THE BRONCO TOWARDS THE FRONT ENTRANCE OF THE RESIDENCE.
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MR. GOLDBERG: NOW, DIRECTING YOUR ATTENTION TO THE CELL THAT'S LABELED NO. 6 THAT SAYS COLLECT STAIN. WHAT IS MISS MAZZOLA DOING HERE?
MR. FUNG: MISS MAZZOLA IS APPLYING THE CLOTH SWATCH TO THE STAIN ITSELF.MR. GOLDBERG: SO NOW SHE'S ACTUALLY COLLECTING THE STAIN?
MR. FUNG: YES.
*****
MR. GOLDBERG: DID YOU COLLECT A STAIN ON THE CAR DOOR OF A BRONCO THAT WAS LOCATED AT THE ROCKINGHAM LOCATION?
MR. FUNG: YES.
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MR. GOLDBERG: DO YOU KNOW WHO TOOK THE MEASUREMENTS OF THE VARIOUS ITEMS HERE THAT ARE LISTED IN THE CRIME SCENEIDENTIFICATION CHECKLIST?
MR. FUNG: BOTH CRIMINALIST MAZZOLA AND MYSELF WERE WORKING AS A TEAM TO MEASURE THESE ITEMS OF EVIDENCE.
MR. GOLDBERG: ARE THERE SOME CLERICAL ERRORS IN SOME OF THOSE REPORTS AND NOTES?
MR. FUNG: YES, THERE ARE.
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MR. GOLDBERG: NOW, WHEN YOU WERE AT THE BRONCO THAT MORNING, COULD YOU SEE ANY OTHER BLOOD INSIDE OF THE BRONCO?
MR. FUNG: I DID SEE WHAT APPEARED TO BE STAINS IN THE INTERIOR PORTION OF THE VEHICLE.
MR. GOLDBERG: WHAT DID YOU SEE WHEN YOU WERE LOOKING IN?
MR. FUNG: I SAW SOME REDDISH STAINS ON THE CONSOLE AND NEAR THE WINDOW LEDGE OF THE DRIVER DOOR
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MR. GOLDBERG: AT APPROXIMATELY 9:30 OR SO IN THE MORNING ON THE 13TH OF JUNE -- DID YOU COLLECTANOTHER PIECE OF EVIDENCE AT THE ROCKINGHAM LOCATION?
MR. FUNG: YES.
MR. GOLDBERG: DID ANYONE GO WITH YOU TO SHOW YOU WHERE THIS WAS?
MR. FUNG: YES. DETECTIVE FUHRMAN.MR. GOLDBERG: AND WHAT WAS IT THAT YOU WENT TO SEE?MR. FUNG: AT 9:30 OR APPROXIMATELY AT 9:30, THE GLOVE WAS COLLECTED. THE GLOVE WAS ON THE SOUTH SIDE OF THERESIDENCE AT ROCKINGHAM.
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MR. GOLDBERG: WHEN YOU ARE COLLECTING ITEMS OF EVIDENCE THAT CONTAIN POSSIBLE BIOLOGICAL MATERIAL, BUT OTHER THANBLOOD DROPS, WHAT TECHNIQUE OR TECHNIQUES WILL YOU USE?
MR. FUNG: I WILL USE ONE OF TWO TECHNIQUES: ONE IS TO WEAR A PAIR OF GLOVES AND PICK UP THE ITEM AND PLACE IT INTO A PAPER BAG, OR I WILL USE A SCOOP TECHNIQUE WHERE I WILL PLACE THE BAG NEXT TO THE ITEM TO BE COLLECTED AND PUSH IT IN WITH A CARD OR PENCIL.
MR. GOLDBERG: DO YOU RECALL SPECIFICALLY WHICH ONE YOU USED IN THIS INSTANCE WITH REGARD TO THE GLOVE THAT DETECTIVEFUHRMAN SHOWED YOU?
MR. FUNG: I DON'T RECALL WHICH ONE I USED.
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MR. GOLDBERG: WHEN YOU SAW THIS ITEM PRIOR TO YOU COLLECTING IT, WHAT DID THE ITEM APPEAR LIKE?
MR. FUNG: THE ITEM APPEARED TO HAVE SOME BROWNISH REDDISH STAINS ON THEM. IT WAS -- APPEARED TO ME TO BE SOMEWHATDRY WITH SOME SHINY AREAS ON IT.
*****
MR. GOLDBERG: WHERE DID YOU GO AFTER YOU LEFT ROCKINGHAM THAT MORNING?
MR. FUNG: I PROCEEDED ON TO 875 SOUTH BUNDY.
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MR. GOLDBERG: WHAT WAS GOING ON THERE AT THE TIME THAT YOU ARRIVED AT 10:15 THAT MORNING OR SO?
MR. FUNG: THE AREA HAD QUITE A BIT OF NEWS MEDIA AROUND AND DETECTIVES AND CORONER PERSONNEL WERE PRESENT.
MR. GOLDBERG: DID YOU SEE THE CORONER PERSONNEL DOING ANYTHING AT THE SCENE, AS YOU ARRIVED?MR. FUNG: YES. THEY APPEARED TO BE PROCESSING THE BODY OF MISS SIMPSON.
*****
MR. GOLDBERG: AT SOME POINT IN TIME DID YOU GET A WALK-THROUGH OF THE LOCATION FROM DETECTIVE LANGE?
MR. FUNG: YES. DETECTIVE LANGE TOLD ME OF DIFFERENT ITEMS OF EVIDENCE HE WANTED ME TO COLLECT. HE SHOWED ME SOMECLOTHING IN THE CAGE AREA, SHOWED ME A TRAIL OF WHAT APPEARED TO BE BLOODY FOOTPRINTS AND A TRAIL OF BLOODLEADING TOWARDS THE WEST END OF THE LOCATION.MR. GOLDBERG: NOW, WHEN YOU LOOKED AT THESE ITEMS OF BLOOD DROPS THAT YOU DESCRIBED AS BEING THE TRAIL, WHATCONDITION DID THEY APPEAR TO BE IN?
MR. FUNG: THEY APPEARED TO BE FRESH BLOOD STAINS.
*****
MR. GOLDBERG: IS THIS A PHOTOGRAPH THAT WAS TAKEN ON THE 13H OF JUNE? DID YOU HAVE THE OPPORTUNITY TO COMPARE THAT PHOTOGRAPH TO THE PHOTOGRAPHS WHICH WERE TAKEN ON JULY THE 3RD AT THE TIME THAT YOU COLLECTED 15, 16 AND 17 -- 115, 116 AND 117?
MR. FUNG: YES.
*****
MR. GOLDBERG: SO IF YOU HAD THE OPPORTUNITY TO GO BACK AND REPROCESS THE CRIME SCENE AT BUNDY, IF YOU COULD DO THE13TH ALL OVER AGAIN, WOULD OF YOU HAVE LIKED TO HAVE COLLECTED THE STAIN?MR. FUNG: ABSOLUTELY.
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MR. GOLDBERG: AND WHAT, IF ANYTHING, WERE YOU TRYING TO DETERMINE BY MEASURING THE FOOTPRINTS AND THE BLOOD DOTS?
MR. FUNG: I WAS ASKED TO DETERMINE WHETHER THE PERSON WAS RUNNING OR WALKING.
MR. GOLDBERG: FIRST OF ALL, DID YOU MAKE ANY PRELIMINARY DETERMINATION AS TO THE SHOE SIZE?
MR. FUNG: YES. THE PRELIMINARY DETERMINATION WAS THAT IT WAS A LARGE SHOE SIZE CONSISTENT WITH BEING WORN BY AN ADULT.
MR. GOLDBERG: AND ANOTHER THING YOU SAID YOU WERE LOOKING AT WAS THE DISTANCE BETWEEN SHOEPRINTS?FOR WHAT PURPOSE WERE YOU LOOKING AT THAT?
MR. FUNG: WHEN A PERSON RUNS, THEY WILL HAVE A LONGER DISTANCE BETWEEN EACH SHOEPRINT THAN WHEN THEY WALK.
MR. GOLDBERG: AND WAS THE DISTANCE HERE FOR AN ADULT RELATIVELY LONG CONSISTENT WITH RUNNING OR SHORTER?
MR. FUNG: IT WAS RELATIVELY SHORTER.
MR. GOLDBERG: AND FINALLY, YOU SAID THAT YOU LOOKED AT THE TRAILING OR TAILING - WHAT DID YOU MEAN BY THAT?
MR. FUNG: WHEN A DROP OF BLOOD HITS AN OBJECT, WHEN IT HAS SOME TYPE OF VELOCITY BESIDES GOING DOWN, IT WILLTYPICALLY HAVE A SPLASHING EFFECT IN THE DIRECTION THAT IT IS TRAVELING AND YOU CAN DETERMINE DIRECTION BY ANALYZINGTHAT.
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MR. GOLDBERG: DID YOU SEE ANY EVIDENCE OF SIGNIFICANT TAILING ON THESE BLOOD DOTS?
MR. FUNG: THERE WAS NO SIGNIFICANT TRAILING, NO, OR TAILING, NO.
MR. GOLDBERG: AND WOULD THAT BE MORE CONSISTENT WITH SOMEONE THAT WAS RUNNING OR MOVING MORE SLOWLY?
MR. FUNG: THERE WOULD BE MORE TAILING WITH SOMEONE WHO WAS RUNNING.
*****
MR. GOLDBERG: AND WHAT WAS THE FIRST ITEM OF EVIDENCE THAT YOU SAW INSIDE THE HOUSE?MR. FUNG: THE FIRST ITEM OF EVIDENCE WAS A -- WERE THREE RED OR A SERIES OF RED STAINS IN THE FOYER.
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MR. GOLDBERG: DO YOU RECALL WHAT WAS THE NEXT ITEM OF EVIDENCE THAT YOU COLLECTED?
MR. FUNG: THE NEXT ITEM WAS A PAIR OF SOCKS IN THE MASTER BEDROOM.
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TUESDAY, APRIL 4, 1995 DIRECT EXAMINATION (RESUMED) BY MR. GOLDBERG:
MR. GOLDBERG: ON THE MORNING OF THE 14TH, DID YOU GO TO SOME OTHER LOCATION FOR THE PURPOSES OF COLLECTING EVIDENCE?
MR. FUNG: YES. THAT WAS AT THE LAPD PRINT SHED.
MR. GOLDBERG: AND WHAT DID YOU SEE IN THE PRINT SHED WHEN YOU UNLOCKED IT?
MR. FUNG: THERE WAS A WHITE BRONCO IN THE PRINT SHED.
MR. GOLDBERG: HAD YOU SEEN THAT WHITE BRONCO BEFORE?
MR. FUNG: YES. I HAD SEEN IT THE DAY BEFORE AT 360 NORTH ROCKINGHAM.
MR. GOLDBERG: DID YOU COLLECT SOME STAINS FROM THE BRONCO ON THIS DATE, THE 14TH?
MR. FUNG: YES, I DID.
*****.
MR. GOLDBERG: NOW, DIRECTING YOUR ATTENTION TO THE DATE OF JUNE THE 15TH OF 1994 --
MR. FUNG: YES.
MR. GOLDBERG: DID YOU RECEIVE SOME MORE EVIDENCE FROM ANOTHER CRIMINALIST IN THE MORNING OF THAT DATE?
MR. FUNG: YES, I DID. A I RECEIVED THE VICTIM'S REFERENCE BLOOD SAMPLE FROM THE CORONER.
CROSS-EXAMINATION BY MR. SCHECK:
MR. SCHECK: WOULD YOU AGREE THAT IT IS A PRINCIPLE OF CRIME SCENE CONTAMINATION TO FIRST PROTECT THESCENE?
MR. FUNG: YES.
MR. SCHECK: DID YOU TAKE GREAT PAINS TO TESTIFY THAT YOU OBSERVED MISS MAZZOLA COLLECT ALL THOSEBLOOD DROPS INCLUDING 52?
MR. FUNG: YES.
MR. SCHECK: AND YOUR TESTIMONY TODAY HERE IS THAT YOU DID NOT SEE HER COLLECT 52?
MR. FUNG: I WAS PRESENT DURING THOSE PHASES OF THE COLLECTION PROCESS.
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MR. SCHECK: YOU WERE ASKED BY MR. GOLDMAN, "IS ANDREA MAZZOLA AVTRAINEE," AND YOU ANSWERED, "NO, SHE IS A CRIMINALIST." DO YOU REMEMBER THAT?
MR. FUNG: YES.
MR. SCHECK: NOW, WHEN YOU TESTIFIED PREVIOUSLY IN AUGUST OF THIS YEAR, DIDN'T YOU TELL US THAT ANDREA MAZZOLA ON JUNE 13TH WAS STILL IN TRAINING?
MR. FUNG: I DON'T REMEMBER MY EXACT WORDS.
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MR. SCHECK: ISN'T IT TRUE THAT WITH THE EXCEPTION OF 55 AND 56, THAT MISS MAZZOLA WAS THE ONE WHO SWATCHED EVERY BLOODSTAIN AT BUNDY?
MR. FUNG: THAT'S NOT ENTIRELY TRUE, NO.MR. SCHECK: WHICH ONE DID YOU SWATCH?
MR. FUNG: I DON'T RECALL EXACTLY WHICH ONES I ASSISTED HER WITH, BUT THERE WERE PORTIONS OF STAINS WHERE IACTUALLY TOOK THE TWEEZERS AND DID THE MANIPULATION MYSELF.
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MR. SCHECK: ROCKINGHAM, SHE SWATCHED THE RED STAIN ON THE HANDLE OF THE BRONCO?
MR. FUNG: UNDER MY DIRECT SUPERVISION, YES.
MR. SCHECK: NOW, THE BUNDY GLOVE, GLOVE FOUND AT BUNDY --
MR. FUNG: YES.
MR. SCHECK: ANDREA MAZZOLA WAS THE ONE THAT PICKED THAT UP, PUT IT IN THE BROWN PAPER BAG?
MR. FUNG: YES.MR. SCHECK: THE WATCH CAP AT BUNDY, ANDREA MAZZOLA WAS THE PERSON WHO PICKED THAT UP AND PUT IT IN THE BAG?
MR. FUNG: YES.
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MR. SCHECK: WELL, LET'S TALK ABOUT YOUR TESTIMONY AT THE GRAND JURY. DO YOU RECALL BEING ASKED QUESTIONS ABOUT THE BLOOD DROPS AT BUNDY AND WHO SWATCHED THEM? A AT BUNDY, YES. "QUESTION: DID YOU ATTEMPT TO RETRIEVE AND PRESERVE THE BLOOD DRAWN THAT -- THAT'S BLOOD DROPS "ANSWER: YES, I DID. "QUESTION: WHAT DID YOU DO? "ANSWER: I TRANSFERRED THE BLOOD DROPS ONTO CLOTH SQUARES OR CLOTH SWATCHES. WHAT I DID WAS WET THE CLOTH SWATCHES WITH DISTILLED WATER AND THEN APPLIED THEM TO THE STAIN, THE RED STAINS WHICH WERE LATER DETERMINED TO BE BLOOD, AND THEY WERE TRANSFERRED ON -- IN THAT METHOD." WERE YOU ASKED THOSE QUESTIONS, DID YOU GIVE THOSE ANSWERS?
MR. FUNG: YES, I DID.
MR. SCHECK: AND THAT WASN'T ACCURATE TESTIMONY, WAS IT?
MR. FUNG: IT WAS ACCURATE IN THE SENSE THAT I DID PERFORM SOME OF THOSE FUNCTIONS ON -- BUT I DON'T RECALL EXACTLYWHICH ONES I DID THEM ON.
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MR. SCHECK: AND DID YOU HAVE ANY RELUCTANCE IN TESTIFYING THAT IT WAS ANDREA MAZZOLA THAT SWATCHED PRIMARILY ALL THE ITEMS? YOU SAID YOU SWATCHED ONE OR TWO TIMES, THE BUNDY BLOOD DROPS; IS THAT RIGHT?
MR. FUNG: MAY HAVE BEEN MORE THAN THAT.
MR. SCHECK: SHE DID PRIMARILY ALL THE BUNDY BLOOD DROPS, RIGHT?
MR. FUNG: SHE DID A GOOD PORTION OF THEM, YES.
MR. SCHECK: AND SHE DID THE ROCKINGHAM BLOOD STAINS EXCLUSIVELY?
MR. FUNG: I WOULDN'T SAY EXCLUSIVELY.MR. SCHECK: YES. BUT SHE DID THE MOST.
MR. FUNG: SHE DID MOST OF IT, YES.
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MR. SCHECK: WOULD YOU AGREE THAT IT IS A PRINCIPLE OF CRIME SCENE CONTAMINATION TO FIRST PROTECT THESCENE?
MR. FUNG: YES.
MR. SCHECK: IF YOU SAW DETECTIVES USING PROCEDURES WHICH YOU FELT WOULD IMPAIR THE INTEGRITY OFEVIDENCE AS THEY WERE COLLECTING IT, WOULD YOU OBJECT?
MR. FUNG: YES.
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MR. SCHECK: IS THERE ANY REQUIREMENT THAT THE CRIMINALISTS SHOULD ARRIVE AT THE CRIME SCENE AS SOONAS POSSIBLE?
MR. FUNG: ONCE WE RECEIVE A CALL WE TRY TO RESPOND WITHIN AN HOUR, IF IT IS POSSIBLE.
MR. SHCECK: OKAY. SO MISS MAZZOLA CALLED YOU AT 5:30?
MR. FUNG: YES.MR. SCHECK: AND YOU GOT TO THE SCENE AT ROCKINGHAM AT WHAT TIME YOU ARE TELLING US?
MR. FUNG: 7:10.
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MR. SCHECK: SO YOUR RESPONSE TIME TO ROCKINGHAM WAS AN HOUR AND FORTY MINUTES?
MR. FUNG: YES, IT WAS.
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MR. SCHECK: WHEN YOU ARRIVED AT THE ROCKINGHAM CRIME SCENE DID DETECTIVE VANNATTER TELL THAT YOU DETECTIVE LANGE WAS WAITING FOR YOU AT BUNDY?
MR. FUNG: I DON'T SPECIFICALLY RECALL IF HE MENTIONED IT WAS DETECTIVE LANGE HIMSELF, BUT HE DID MENTION THERE WASANOTHER SCENE AT BUNDY.
MR. SCHECK: AND DID HE TELL YOU THAT AT THAT SCENE IT WAS A DOUBLE HOMICIDE AND THERE WERE TWOVICTIMS' BODIES THERE?
MR. FUNG: YES.
MR. SCHECK: GENERALLY SPEAKING, ISN'T IT CERTAINLY DESIRABLE FOR THE CRIMINALISTS TO ARRIVE AT A HOMICIDESCENE BEFORE THE CORONERS?
MR. FUNG: YES.
MR. SHCECK: AND THE REASON THAT YOU WANT TO ARRIVE AT A HOMICIDE SCENE BEFORE THE CORONERS IS YOU WANT ANOPPORTUNITY TO EXAMINE THE SCENE AND THE EVIDENCE AT THE SCENE BEFORE THE BODIES ARE REMOVED?
MR. FUNG: YES.
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MR. SCHECK: IT WAS AFTER YOUR CONVERSATION, YOUR INITIAL CONVERSATION WITH DETECTIVE VANNATTER, UMM, THATYOU REALIZED THAT, UMM, ANDREA MAZZOLA COULD NOT ACT AS THE, QUOTE, OFFICER IN CHARGE, OF THIS CASE?
MR. FUNG: I THOUGHT IT MORE PRUDENT THAT I BE THE OFFICER IN CHARGE.
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MR. SCHECK: AT 7:15 WHEN YOU ARRIVED AT ROCKINGHAM YOU KNEW THAT ONE OF THE VICTIMS IN THIS CASEWAS MR. SIMPSON'S EX-WIFE?
MR. FUNG: NO.
MR. SCHECK: DID YOU KNOW THAT YOU WERE AT MR. SIMPSON'S HOUSE?MR. FUNG: I KNEW THAT WAS HIS RESIDENCE.
MR. SCHECK: DID YOU KNOW THAT DETECTIVE VANNATTER REGARDED MR. SIMPSON AS A SUSPECT?
MR. FUNG: I DON'T RECALL IF HE RELAYED THAT TO ME OR NOT.
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MR. SCHECK: MAYBE WE COULD TURN NOW TO THE EVIDENCE THAT YOU COLLECTED AT ROCKINGHAM FOR A MINUTE.YOU INDICATED THAT THERE WERE A NUMBER OF RED BLOOD DROPS; IS THAT CORRECT, THAT YOU OBSERVED?
MR. FUNG: YES.
MR. SCHECK: NOW, IN TERMS OF THESE RED STAINS THAT YOU FOUND, WOULD YOU AGREE THAT THE PATTERN OF RED STAINS THATYOU FOUND WAS LEADING FROM THE RESIDENCE TO THE BRONCO OR THE BRONCO TO THE FRONT DOOR OF THE RESIDENCE?
MR. FUNG: YES.
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MR. SCHECK: MR. FUNG, LET'S MOVE ON TO THE BUNDY CRIME SCENE. YOU ARRIVED THERE AT ABOUT WHAT TIME?MR. FUNG: I ARRIVED THERE AT 10:15 IN THE MORNING.
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MR. SCHECK: AND YOU TOLD US THAT YOU HAD HEARD OR YOU BELIEVED AT THAT TIME THAT THE VICTIMS WERE FIRSTDISCOVERED SOMETIME IN THE EARLY MORNING HOURS?
MR. FUNG: YES.
*****
MR. SCHECK: BY THE TIME YOU ARRIVED AT BUNDY, IT WAS SOMETHING ON THE ORDER OF 10 HOURSTO YOUR KNOWLEDGE FROM WHEN THE BODIES WERE FIRST FOUND?
MR. FUNG: SOMETHING LIKE THAT.
MR. SCHECK: NOW, WHEN YOU ARRIVED AT THE CRIME SCENE, YOU SAW THAT THERE WAS A BLANKET OVER THE BODY OF NICOLE BROWN SIMPSON?
MR. FUNG: I DON'T RECALL BEING THERE THAT SOON. WHEN I GOT THERE, THE BODY OF MISS SIMPSON WAS BEING PROCESSED.
MR. SCHECK: IT WAS ON THE GROUND IN THE AREA WHERE MISS SIMPSON'S BODY WAS?
MR. FUNG: YES.
MR. SCHECK: AND YOU CAME TO LEARN IN YOUR INVESTIGATION THAT DAY THAT THE BLANKET HAD BEEN USED TO COVER THE BODY?
MR. FUNG: YES.
MR. SCHECK: AND YOU CAME TO LEARN THAT THAT BLANKET HAD COME FROM THE HOME OF NICOLE BROWN SIMPSON?
MR. FUNG: SINCE THEN, YES.
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MR. SCHECK: MR. FUNG, AGAIN, ASSUMING THAT MR. SIMPSON HAD BEEN IN THE BUNDY RESIDENCE AND SAT OR LAIDON THAT BLANKET, SHED HAIRS ON THAT BLANKET AND THAT BLANKET IS TAKEN AND PUT IN THE MIDDLE OF THIS CRIME SCENE,COULD THAT IN YOUR EXPERT OPINION BE A SOURCE OF SECONDARY TRANSFER OF HIS HAIRS TO THE CRIME SCENE?
MR. FUNG: IT'S POSSIBLE.
MR. SCHECK: IT WAS A TERRIBLE MISTAKE TO PUT THIS BLANKET FROM INSIDE THE HOUSE INTO THE MIDDLE OF THECRIME SCENE BECAUSE OF THE DANGERS OF CROSS CONTAMINATION OF HAIRS AND FIBERS?
MR. FUNG: DEPENDING ON THE -- HOW CLEAN THE BLANKET WAS, THAT WOULD -- THAT WOULD AFFECT MY ANSWER.
MR. SCHECK: NOW, BASED ON YOUR OBSERVATIONS AT THE CRIME SCENE THAT DAY, MISS NICOLE BROWN SIMPSON'S BODY WAS IN THE AREA OF THAT BLANKET?
MR. FUNG: YES.
MR. SCHECK: AND MR. GOLDMAN'S BODY WAS EVENTUALLY PLACED IN THE AREA OF THAT BLANKET?
MR. FUNG: YES.
MR. SCHECK: AND ASSUMING THAT BLANKET HAD HAIRS AND FIBERS AND OTHER TRACE EVIDENCE ON IT, THAT COULD BE A SOURCE OF CONTAMINATION OF ANYTHING THAT WAS SUBSEQUENTLY FOUND ON MR. GOLDMAN'S CLOTHING?
MR. FUNG: I BELIEVE THE CORONER'S PERSONNEL HAD PLACED A SHEET AND A PLASTIC SHEET OVER THE BLANKET BEFORE PLACINGHIM ON IT.
MR. SCHECK: ASSUMING THE BLANKET WAS COVERED WITH HAIRS AND FIBERS AND IT WAS PLACED IN THEMIDDLE OF THE CRIME SCENE AND HAIRS AND FIBERS FROM THE BLANKET WERE SPREAD OUT FROM THE CRIME SCENE AND ASSUMINGFURTHER THAT THE GLOVE OR THE HAT WAS DRAGGED INTO THAT AREA WHEN MR. GOLDMAN'S BODY WAS MOVED, THEY COULD HAVEBECOME CONTAMINATED WITH HAIRS AND FIBERS FROM THE BLANKET?
MR. FUNG: POSSIBLY.
MR. SCHECK: IT WOULD BE IMPORTANT TO KNOW IF THAT BLANKET CONTAINED FIBERS THAT WOULD BE CONSISTENTWITH MR. SIMPSON'S BRONCO?
MR. FUNG: POSSIBLY, YES.
MR. SCHECK: BUT THAT BLANKET WAS LEFT AT THE CRIME SCENE AND NEVER PICKED UP FOR FUTURE ANALYSIS?
MR. FUNG: THAT'S CORRECT.
MR. SCHECK: THAT WAS A MISTAKE, WASN'T IT?
MR. FUNG: IT COULD BE CONSIDERED ONE.
*****
MR. SCHECK: MR. FUNG, WHEN DETECTIVE LANGE REQUESTED THAT YOU BRING THE GLOVE INTO THE MIDDLE OF THEBUNDY CRIME SCENE TO SHOW IT TO HIM, YOU HAD CONCERNS THAT THERE WAS A TERRIBLE DANGER OF CROSS-CONTAMINATION?
MR. FUNG: I KNEW THERE WAS A DANGER FOR CROSS-CONTAMINATION, YES.
*****
MR. SCHECK: WELL, ANOTHER THING ABOUT TRACE EVIDENCE IS THAT SOMETIMES IT BECOMES AIRBORNE?
MR. FUNG: SOMETIMES.
MR. SCHECK: HAIRS AND FIBERS THAT MAY GET ON CLOTHING OF PEOPLE THAT ARE GATHERING EVIDENCE CAN BECOME AIRBORNE? THAT IS HOW THE TRANSFER OCCURS, RIGHT?
MR. FUNG: THEORETICALLY, YES. TRACE EVIDENCE IS USUALLY MADE THROUGH CONTACT, SUCH AS RUBBING ONE ITEM AGAINST ANOTHER. IT CAN HAPPEN THROUGH AIRBORNE.*****LOS ANGELES, CALIFORNIA; WEDNESDAY, APRIL 12, 1995
CROSS-EXAMINATION (RESUMED) BY MR. SCHECK:
MR. SCHECK: NOW, YOU BEGAN COLLECTING THE BLOOD DROPS AT BUNDY AT WHAT TIME?
MR. FUNG: APPROXIMATELY ELEVEN O'CLOCK, 11:30, AROUND THERE.
MR. SCHECK: YOU BEGAN PUTTING THEM IN PLASTIC BAGS AROUND ELEVEN O'CLOCK, 11:30, YOU AND MISS MAZZOLA?
MR. FUNG: APPROXIMATELY.
*****
MR. SCHECK: AND IT WAS HOT INSIDE THAT TRUCK?
MR. FUNG: THERE WERE PERIODS WHEN I WENT OUT TO THE TRUCK TO MAKE SURE IT WASN'T GETTING TOO HOT.
*****
MR. SCHECK: AND YOU DID NOT BEGIN THE PROCESS OF TAKING THOSE WET BLOOD STAINS OUT OF THOSE PLASTIC BAGS UNTIL AROUND 6:30 IN THE EVENING?
MR. FUNG: YES.
MR. SCHECK: SO LET'S SEE. THAT WOULD BE SOMETHING ON THE ORDER OF SEVEN HOURS?
MR. FUNG: YES.
MR. SCHECK: IS THERE A REFRIGERATOR IN THE CRIME SCENE PROCESSING TRUCK?
MR. FUNG: THERE IS ONE, YES.
MR. SCHECK: YOU DIDN'T USE THAT?
MR. FUNG: NO. THAT IS BECAUSE THE REFRIGERATOR DOESN'T -- WELL, IT STOPS WORKING AFTER SEVERAL HOURS. IT DOESN'T KEEP WORKING.
*****
MR. SCHECK: SO IT'S YOUR TESTIMONY OR IS IT YOUR TESTIMONY THAT ON JULY 6TH, YOU WENT AT THE REQUEST OF MISS CLARK AND YOU LOOKED FOR BLOODSTAINS ON THE EXTERIOR OF THE BRONCO DOOR?
MR. FUNG: THE EXTERIOR OF THE BRONCO DOOR BY THE DOOR SILL, YES.
*****
MR. SCHECK: DID YOU CONDUCT A PRESUMPTIVE PHENOLPHTHALEIN TEST AND YOU GOT A POSITIVE RESULT?
MR. FUNG: YES.
*****
MR. SCHECK: MR. FUNG, ISN'T IT TRUE THAT YOU NEVER SAW ANY RED STAINS ON THE BOTTOM OF THAT BRONCO DOOR ON JULY 6TH?
MR. FUNG: NO. I DID SEE A STAIN THAT GAVE A POSITIVE FOR THE PRESENCE OF BLOOD AT THE BOTTOM OF THE DOOR SILL THERE.
MR. SCHECK: ISN'T IT TRUE, MR. FUNG, THAT YOU NEVER REMOVED ANYTHING FROM THE BOTTOM OF THAT BRONCO DOOR ON JULY 6TH FOR PURPOSES OF PERFORMING A PRESUMPTIVE TEST?
MR. FUNG: I DID PERFORM A PRESUMPTIVE TEST ON A DARK STAIN AT THE DOOR SILL OF THE DRIVER DOOR.
MR. SCHECK: AND YOU REMOVED SOME OF THAT STAIN, SOME OF THAT EVIDENCE FOR PURPOSES OF YOUR TEST?
MR. FUNG: YES..*****
MR. SCHECK: MR. FUNG, ISN'T IT TRUE THAT YOU WENT OUT ON JULY 6TH TO LOOK AT THE BRONCO SIMPLY TO REFRESH YOUR MEMORY FOR COURT?
MR. FUNG: I WENT THERE SPECIFICALLY TO LOOK AT THE DRIVER DOOR SILL AND PERFORM A PRESUMPTIVE TEST ON IT.
MR. SCHECK: DID YOU TELL ANYONE ON AUGUST 8TH THAT YOU VISITED THE VEHICLE ON JULY 6TH TO REFRESH YOUR MEMORY FOR COURT?
MR. FUNG: I DON'T RECALL SAYING THAT.*****
MR. SCHECK: AND IS YOUR TESTIMONY, SIR, WITH RESPECT TO RED STAINS IN THE BRONCO THAT YOU'VE GIVEN TO THIS JURY IN ANY WAY MOTIVATED BY A DESIRE TO COVER FOR DETECTIVE FUHRMAN?
MR. FUNG: NO.*****
MR. SCHECK: MR. FUNG, YOU'VE TOLD US THAT ON THE AFTERNOON OF JUNE 13TH AT ROCKINGHAM, YOU RECEIVED MR. SIMPSON'S BLOOD VIAL FROM DETECTIVE VANNATTER?
MR. FUNG: YES.
MR. SCHECK: CAN YOU DESCRIBE FOR US IN AS MUCH DETAIL AS YOU CAN RECOLLECT EXACTLY HOW THIS TRANSFER OCCURRED?
MR. FUNG: DETECTIVE VANNATTER SAID -- SAID TO ME OR SOMETHING TO THE EFFECT OF I HAVE MR. SIMPSON'S BLOOD AND I WANT YOU TO BOOK IT (INDICATING). HE GAVE ME THE ENVELOPE CONTAINING THE VIAL.
MR. SCHECK: WELL, WHAT DID YOU DO WITH IT? HOW DID YOU GET IT TO THE CRIME SCENE TRUCK?
MR. FUNG: IT MAY HAVE BEEN IN A PAPER BAG, BUT I DON'T RECALL IF I ACTUALLY DID PUT IT IN THERE OR IT MAY HAVE BEEN PUT IN THE -- IN A POSSE BOX. *****
MR. SCHECK: WHEN YOU SAW DETECTIVE LANGE ON THE MORNING OF JUNE 14TH WITH THE SNEAKERS, YOU REALIZED THAT HE HAD TAKEN THEM HOME?
MR. FUNG: I DON'T KNOW IF HE HAD TAKEN THEM HOME OR NOT.
MR. SCHECK: IN TERMS OF THE CUSTOM AND PRACTICE OF YOUR LABORATORY AND ITS WORKINGS WITH DETECTIVES, WOULD IT HAVE BEEN IMPROPER IF EITHER OF THESE DETECTIVES HAD KEPT THE BLOOD DRAWN FROM MR. SIMPSON ON JUNE 13TH OVERNIGHT IN THEIR PERSONAL POSSESSION AND THEN DELIVERED IT TO YOU THE NEXT MORNING ON JUNE 14TH?
MR. FUNG: THAT WOULD DEPEND ON HOW THE BLOOD WAS STORED IN THERE WHILE IT WAS IN THEIR CUSTODY.LOS ANGELES, CALIFORNIA; THURSDAY, APRIL 13, 1995 9:20 A.M.
MR. SCHECK: "QUESTION: I TAKE IT AT SOME POINT IN TIME, YOU LEFT THE FOYER AREA AND RETURNED TO YOUR CRIME SCENE TRUCK? "ANSWER: YES. "QUESTION: ALL RIGHT. AND WERE YOU CARRYING THAT GRAY ENVELOPE? "ANSWER: EITHER BY ITSELF IN A POSSE BOX OR IN A PAPER BAG. "QUESTION: SO IT WOULD BE ONE OF THOSE THREE WAYS OF CARRYING IT; EITHER BY ITSELF IN YOUR HAND, IN A PAPER BAG OR IN A POSSE BOX? "ANSWER: YES." WERE YOU ASKED THOSE QUESTIONS AND DID YOU GIVE THOSE ANSWERS YESTERDAY?
MR. FUNG: YES, I DID.
MR. SCHECK: AND WHEN YOU SAW THESE SERIES OF TAPES, MR. FUNG, YOU REALIZED THAT YOU HAD BEEN CAUGHT IN A LIE, DIDN'T YOU?
MR. FUNG: NO.
MR. SCHECK: WELL, YOU HAD TOLD THIS JURY YESTERDAY THAT YOU CARRIED THE BLOOD VIAL--BLOOD SAMPLE EITHER IN A BROWN PAPER BAG IN THE POSSE BOX OR IN YOUR HANDS, CORRECT?
MR. FUNG: THAT'S WHAT I STATED.
MR. SCHECK: BUT WHEN YOU SAW THE VIDEOTAPE, THESE VIDEOTAPES, YOU REALIZED, SIR, THAT THAT--DETECTIVE VANNATTER'S CAR WASN'T THERE WHEN YOU PUT THE BROWN PAPER BAGS AND THE POSSE BOX WAS PUT IN THE REAR OF THE CRIME SCENE VEHICLE, CORRECT?
MR. FUNG: THE--I--THAT DIDN'T COME TO MY ATTENTION AT THAT TIME, NO.
*****
MR. SCHECK: NOW, AT THIS POINT IN THE TIME, JUDGE ITO ASKED YOU WHAT WAS IN THE PLASTIC BAG BEING CARRIED BY MISS MAZZOLA?
MR. FUNG: YES.
MR. SCHECK: AND YOU TOLD HIM THE GRAY MANILA ENVELOPE CONTAINING MR. SIMPSON'S BLOOD SAMPLE?
MR. FUNG: I HAD FORGOTTEN ABOUT THE PLASTIC BAG.
*****
MR. SCHECK: NOW, ON THIS DOCUMENT, YOU CAN READ ALONG IF IT HELPS, WITH YOUR COPY, IF YOU WANT, IT REFERS TO ITEM 17, "ONE PAIR OF TENNIS SHOES, REEBOK, RECEIVED IN SEROLOGY BY D. FUNG FROM DETECTIVE LANGE," CORRECT?
MR. FUNG: YES.
MR. SCHECK: UP IN THE UPPER RIGHT-HAND CORNER JUST WHERE "D. FUNG" IS THERE IS A DATE, "6/14/94"?
MR. FUNG: THAT'S CORRECT.
MR. SCHECK: AND BELOW THAT IS WRITTEN "ITEM 18, BLOOD SAMPLE IN TUBE FROM SIMPSON."
MR. FUNG: THAT'S CORRECT.
MR. SCHECK: AT SOME TIME AFTER JUNE 15TH DID ANYBODY EVER QUESTION YOU ABOUT HOW THE BLOOD VIAL HAD BEEN LABELED 18 IN MR. YAMAUCHI'S REPORTS BUT YOU PUT IT IN YOUR PROPERTY REPORT AS 17?
MR. FUNG: BEING QUESTIONED ABOUT IT, YES.
MR. SCHECK: AND THEN AFTER WRITING THAT NOTATION YOU DECIDED TO ERASE IT?
MR. FUNG: I DID ERASE IT FROM WHAT IS HERE, YES.
MR. SCHECK: AND IN GOING THROUGH THE PAGES OF THE CRIME SCENE CHECKLIST, YOU SAW ANOTHER DOCUMENT THAT CREATED A PROBLEM FOR YOU, DIDN'T YOU?
MR. FUNG: WHAT ARE YOU REFERRING TO?
MR. SCHECK: I'M REFERRING TO PAGE 4 OF THE CRIME SCENE CHECKLIST.
MR. FUNG: WHAT ABOUT IT?
MR. SCHECK: IF THERE WERE SOMETHING FILLED IN THERE THAT SAID 5:15 AS TO THE TIME LEAVING SCENE, THAT WOULD BE INCONSISTENT WITH WHAT YOU WROTE ON THE GRAY ENVELOPE YOU RECEIVED FROM DETECTIVE VANNATTER?
MR. FUNG: IF THERE WAS THAT TIME THERE, YES, IT WOULD.
MR. SCHECK: AND THAT IS WHY YOU DESTROYED THE ORIGINAL PAGE 4, MR. FUNG?
MR. FUNG: THAT IS NOT TRUE.
MR. SCHECK: MR. FUNG, I'M GOING TO SHOW YOU EACH OF THE ORIGINALS OF THIS CRIME SCENE CHECKLIST. I WANT YOU TO LOOK AT THEM AND I WANT YOU TO LOOK AT THE UPPER LEFT-HAND CORNER OF EACH OF THE PAGES AND THAT WOULD INCLUDE--LET ME PUT IT IN ORDER FOR YOU.
MR. SCHECK: ONE OF THOSE PAGES DOESN'T HAVE STAPLE HOLES IN IT, MR. FUNG?
MR. FUNG: THAT'S CORRECT.
MR. SCHECK: THAT IS PAGE 4, ISN'T IT?
MR. FUNG: YES, IT IS.
MR. SCHECK: THAT IS BECAUSE THAT PAGE 4 IS NOT THE ORIGINAL PAGE 4?
MR. FUNG: THAT IS APPARENT TO ME NOW, YES.
REDIRECT EXAMINATION BY MR. GOLDBERG
MR. GOLDBERG: WERE YOU INVOLVED IN SOME KIND OF A CONSPIRACY WITH ANDREA MAZZOLA TO COVER UP RECEIVING SOME ITEM WITH YOUR BARE HANDS?
MR. FUNG: NO.
MR. GOLDBERG: WERE YOU INVOLVED IN ANY CONSPIRACY WITH DETECTIVE VANNATTER TO ALLOW HIM TO KEEP A VIAL OVERNIGHT SO THAT YOU COULD DO WITH IT WHAT HE PLEASED?
MR. FUNG: NO.
MR. GOLDBERG: OKAY. AND IN YOUR MIND, WAS THE ISSUE OF PRECISELY HOW THE BLOOD VIAL GOT FROM MR. VANNATTER, DETECTIVE VANNATTER OUT TO THE CRIME SCENE TRUCK ALL THAT IMPORTANT TO YOU?
MR. FUNG: NO, IT WAS NOT.
*****
MONDAY, APRIL 17, 1995 1:03 P.M. :REDIRECT EXAMINATION (RESUMED) BY MR. GOLDBERG
MR. GOLDBERG: SO BASED UPON WHAT YOU SAW AT THE BUNDY LOCATION IN TERMS OF THE SHOEPRINTS THAT WERE FADING OUT AND FADED OUT AT SOME POINT ALONG THE TRAIL AND WHAT YOU SAW IN THE BRONCO, WOULD YOU NECESSARILY EXPECT TO FIND BLOODY SHOEPRINTS IN THE DEFENDANT'S HOUSE?
MR. FUNG: NOT NECESSARILY, NO.
MR. GOLDBERG: WHY NOT NECESSARILY?
MR. FUNG: THERE ARE A COUPLE OF REASONS. ONE IS, THE SHOES COULD HAVE BEEN REMOVED PRIOR TO GOING INTO THE HOUSE, AND SECOND, THE--IF THE SHOES WERE STILL WORN GOING INTO THE HOUSE, THE SHOES MAY HAVE DRIED OFF OR THERE MAY NOT HAVE BEEN ENOUGH BLOOD LEFT ON THE SOLES TO MAKE TRACKS.
MR. GOLDBERG: IF YOU ASSUME THAT A ASSAILANT GOT INTO THE BRONCO AND CAUSED THAT STAIN THAT YOU JUST DESCRIBED, WOULD IT SURPRISE YOU IF THERE WAS NOTHING LEFT AT ALL BY THE TIME YOU GOT BACK TO ROCKINGHAM?
MR. FUNG: IT WOULD NOT SURPRISE ME.
*****
MR. GOLDBERG: NOW, WHEN YOU WERE AT THE ROCKINGHAM LOCATION, YOU SAW A PAIR OF SOCKS IN THE MASTER BEDROOM?
MR. FUNG: YES.
MR. GOLDBERG: WERE THERE ANY SHOES THERE OR OTHER CLOTHING OR PANTS AS IF SOMEONE HAD UNDRESSED ALL OF THEIR CLOTHING IN THAT AREA?
MR. FUNG: NOT IN THAT AREA, NO.
MR. GOLDBERG: DID THAT CAUSE YOU TO BELIEVE THAT IT WAS OUT OF PLACE?
MR. FUNG: YES.
*****
MR. GOLDBERG: ALL RIGHT. NOW, YOU WERE ASKED A SERIES OF QUESTIONS ABOUT DETECTIVE FUHRMAN'S TESTIMONY. DO YOU KNOW WHAT THE SIGNIFICANCE IF ANY IS OF ADDITIONAL STAINS OUTSIDE THE BRONCO?
MR. FUNG: I DO NOW.
MR. GOLDBERG: AND WHAT DID YOU GATHER FROM MR. SCHECK'S CROSS-EXAMINATION?
MR. FUNG: THAT DETECTIVE FUHRMAN'S CREDIBILITY WAS WHAT THE LINE OF QUESTIONING WAS DIRECTED TOWARDS.
MR. GOLDBERG: ALL RIGHT. DID YOU EVER CONSIDER MODIFYING YOUR TESTIMONY IN ANY WAY TO HELP OUT DETECTIVE FUHRMAN OR ANY OTHER WITNESS WITH RESPECT TO WHAT YOU SAW ON THE 13TH?
MR. FUNG: NO.
*****
MR. GOLDBERG: NOW, SUPPOSE HYPOTHETICALLY THAT THE CORONER'S--BACK AT THE BUNDY CRIME SCENE, THE CORONER'S WHITE SHEET WAS PLACED DOWN OVER THE BLANKET THAT HAD BEEN ON NICOLE AND THAT ON TOP OF THAT, THERE WAS A PLASTIC SHEET THAT WAS PUT DOWN AND THAT THAT OCCURRED BEFORE RON GOLDMAN WAS PUT ON THE PLASTIC SHEET. WOULD YOU EXPECT, GIVEN THAT HYPOTHETICAL, THERE TO BE ANY TRANSFER EVIDENCE FROM THE BLANKET TO RON GOLDMAN?
MR. FUNG: NO.
MR. GOLDBERG: NOW, IF HYPOTHETICALLY THERE WERE SALIVA FROM THE DEFENDANT THAT HAD BEEN DRIED ON THE WHITE BLANKET, COULD THAT SALIVA SOMEHOW FLOAT DOWN THE ENTIRE CRIME SCENE AND HIT THE RED GATE AND TURN RED?
MR. FUNG: NO.
*****
MR. GOLDBERG: DID YOU DO ANYTHING, SIR, OR CRIMINALIST MAZZOLA IN YOUR PRESENCE DO ANYTHING THAT COULD CAUSE THE DEFENDANT'S BLOOD TO BE ON THAT TRAIL?
MR. FUNG: NO.
MR. GOLDBERG: AND, SIR, DID YOU DO ANYTHING THAT COULD HAVE CAUSED THE DEFENDANT'S BLOOD TO SHOW UP IN THE BRONCO?
MR. FUNG: NO.
MR. GOLDBERG: DID YOU DO ANYTHING, SIR, AT THE BUNDY CRIME SCENE THAT COULD HAVE CAUSED THE DEFENDANT'S BLOOD TO SHOW UP ALONG THE TRIAL AND ON THE REAR GATE?
MR. FUNG: NO.
MR. GOLDBERG: AND, SIR, DID YOU DO ANYTHING OR DID CRIMINALIST--DID YOU DO ANYTHING THAT COULD HAVE CAUSED THE DEFENDANT'S HAIR AND A FIBER FROM THE BRONCO TO SHOW UP ON THE KNIT CAP?
MR. FUNG: NO.
RECROSS-EXAMINATION BY MR. SCHECK
MR. SCHECK: HAVE YOU WATCHED ANY OF THE TESTIMONY OF THE TRIAL OF PRIOR WITNESSES?
MR. FUNG: YES, I HAVE.
MR. SCHECK: DID YOU MAKE--DID YOU FORM ANY OPINION IN YOUR MIND AS TO WHAT KINDS OF ATTACKS WERE BEING MADE ON THE CREDIBILITY OF DETECTIVE FUHRMAN?
MR. FUNG: SEEMED TO ME THAT HIS OVERALL CREDIBILITY WAS BEING QUESTIONED.
*****
MR. SCHECK: HAVE YOU PREVIOUSLY TESTIFIED THAT YOU WENT OUT TO INSPECT THE BRONCO THE MORNING OF YOUR TESTIMONY OF THE PRELIMINARY HEARING WHICH WAS JULY 6TH?
MR. FUNG: YES.
MR. SCHECK: WERE YOU INFORMED BY MISS CLARK THAT A DETECTIVE HAD TESTIFIED TO SEEING RED STAINS ON THE DOOR SILL OF THE BRONCO?
MR. FUNG: SHE HAD TOLD ME THAT A DETECTIVE HAD TOLD HER THAT STAINS WERE VISIBLE FROM THE OUTSIDE OF THE BRONCO. *****
MR. SCHECK: NOW, YOU GAVE US TESTIMONY THAT THE FIBERS FROM A CARPET CAN GET INTO THE CREVICES OF SHOES?
MR. FUNG: THEY HAVE A MORE--YES.
MR. SCHECK: AND SO IF SOMEONE HAS STEPPED IN BLOOD AND THE SHOES ARE NO LONGER MAKING IMPRESSIONS OF BLOODY SHOEPRINTS ON CEMENT, WHEN A PERSON STEPS ON FIBERS, THE FIBERS WILL GO INTO THE CREVICES OF THE SHOE?
MR. FUNG: IT'S POSSIBLE.
MR. SCHECK: AND THAT WOULD BE TRUE FOR THE SHOES OF A POLICE OFFICER WHO HAD STEPPED IN BLOOD AS IT WOULD BE FOR ANY OTHER PERSON WEARING SHOES?
MR. FUNG: IF THAT WAS--YEAH. IT IS LIKELY.
MR. SCHECK: NOW, THE MAT IN THE CAR, THE BRONCO, IT DOESN'T HAVE FIBERS?
MR. FUNG: NO.
MR. SCHECK: YOU DID NOT SWATCH THE ITEMS THAT YOU SAW ON THE DOOR SILL?
MR. FUNG: THAT'S CORRECT.
TUESDAY, APRIL 18, 1995 1:44 P.M.
MR. GOLDBERG: YOU WERE ASKED ABOUT MISTAKES, SIR, AND YOUR WILLINGNESS TO OWN UP TO MISTAKES. IF YOU COULD DO SOMETHING DIFFERENTLY AT THE CRIME SCENE, WOULD YOU LIKE TO HAVE COLLECTED THAT STAIN ON THE 13TH?
MR. FUNG: YES.