Last Update: 12 January 1996

Police TimeLine Testimony

From: 13 June 1994




ReturnLange instructs Fung
DETECTIVE LANGE TOLD ME OF DIFFERENT ITEMS OF EVIDENCE HE WANTED ME TO COLLECT. HE SHOWED ME SOME CLOTHING IN THE CAGE AREA, SHOWED ME A TRAIL OF WHAT APPEARED TO BE BLOODY FOOTPRINTS AND A TRAIL OF BLOOD LEADING TOWARDS THE WEST END OF THE LOCATION.


ReturnBest to arrive..
Scheck: BUT WHEN YOU GET A HOMICIDE CALL, YOU TOLD US THAT YOU TRY TO GET TO THE SCENE WITHIN AN HOUR OF THE CALL?
Fung: THAT'S OUR -- THAT'S OUR GOAL FOR OUR RESPONSE TIME, YES.
Scheck: AND IT'S IMPORTANT TO GET THE CRIMINALISTS AT THE SCENE BEFORE THE CORONERS?


ReturnGlove was moved
THE WITNESS {Fung}: ON THE PICTURE ON THE RIGHT, THE OPENING OR WRIST PORTION APPEARS TO BE TOWARDS THE PAVEMENT AND IN THE PICTURE ON THE LEFT THE GLOVE IS IN A DIFFERENT POSITION WITH THE WRIST IN ANOTHER ORIENTATION.


ReturnA Fung Lie
{Apr04} Fung admits he lied under oath
"QUESTION: WHAT DID YOU DO WITH RESPECT TO THAT GLOVE? "ANSWER: INITIALLY, I MEASURED TO SEE -- TO LOCATE WHERE IT WAS FOUND, DOCUMENTED THAT LOCATION AND THEN PLACED IT IN A PAPER BAG FOR LATER PROCESSING."
Scheck: AND THIS TESTIMONY WASN'T ACCURATE, WAS IT?
Fung: THAT I PERSONALLY DID ALL THAT STUFF? NO.


Returnto 1130
Scheck: NOW, YOU BEGAN COLLECTING THE BLOOD DROPS AT BUNDY AT WHAT TIME?
Fung: APPROXIMATELY ELEVEN O'CLOCK, 11:30, AROUND THERE.
Scheck: YOU BEGAN PUTTING THEM IN PLASTIC BAGS AROUND ELEVEN O'CLOCK, 11:30, YOU AND MISS MAZZOLA?
Fung: APPROXIMATELY.


Returnto 1200
Scheck: WERE YOU CONTACTED BY MR. MATHESON?
Fung: YES.
Scheck YOU RECALL BEING CONTACTED BY MR. MATHESON AROUND 12:00 IN THE AFTERNOON WHILE YOU WERE AT BUNDY?
Fung: I DON'T REMEMBER BEING CALLED BY MR. MATHESON AT THAT TIME.


Returnto unverified
Scheck: AND IN LOOKING AT IT YOU DETERMINED THAT IT HAD BEEN DRAWN, AT LEAST BY THE MARKINGS ON IT, AT 2:30 IN THE AFTERNOON?
Fung: I LOOKED AT THE VIAL TO SEE IF IT WAS INTACT AND I DID LOOK AT THE ENVELOPE, BUT I DON'T REMEMBER ALL THE WRITING ON THE ENVELOPE.


Returnto Inventory
MR. SCHECK: You did the evidence inventory on the sidewalk outside of 875 Bundy at around 3:00 in the afternoon?


Return to 1712
MR. SCHECK: So you're saying that the inventory was done and everything was placed into the truck during that first trip when you put the paper bags into the back of the crime scene truck?
MR. FUNG: Items 11 through 16 were placed in the back of the crime scene truck, yes.
Scheck confirms facts
MR. SCHECK: So first--the first two tapes, we saw two different angles of you and Miss Mazzola leaving, you're carrying brown bags in one hand, black valise in the other, correct?
MR. SCHECK: And Miss Mazzola's carrying the posse box, correct?
MR. SCHECK: And another black case, correct?
MR. SCHECK: And you put all of that in the evidence truck?
MR. SCHECK: And the way that you just saw those two tapes are the way that you first saw them this afternoon, correct?
MR. FUNG: Yes. {to all of above}
people's 136 times
MR. FUNG: Criminalist Mazzola and I have just taken back the evidence and placed it into the crime scene truck.
MR. GOLDBERG: And 17:12 is 5:12?
MR. GOLDBERG: This is at 17:17, Mr. Fung, which would be 5:17 in the evening?
MR. GOLDBERG: Do you recognize anything about the item that Detective Vannatter was holding? Maybe we can rewind that again. Can we go slowly? Can we get it right when it flipped back, right when the item flipped back.


Return to Blood Vial
Scheck: NOW, WHO WAS PRESENT ACCORDING TO YOU AT ROCKINGHAM WHEN YOU RECEIVED THE BLOOD VIAL FROM DETECTIVE VANNATTER?
Fung: WE WERE IN THE FOYER AND I WAS THERE OF COURSE, DETECTIVE VANNATTER WAS THERE AND I KNOW THERE WERE OTHER DETECTIVES AROUND, BUT I DON'T RECALL WHO THEY WERE EXACTLY AT THAT POINT IN TIME.
Scheck: SO YOU'RE SAYING THAT WAS IN THE FOYER OF MR. SIMPSON'S HOME?
Fung: THAT'S WHEN I RECEIVED THE ENVELOPE CONTAINING THE VIAL OF BLOOD.
Fung represents he carried vial, Mazzolla did
How should it have been done?
Scheck: COULD DETECTIVE VANNATTER, UNDER THE RULES AS YOU KNEW THEM, HAVE DONE THAT ON JUNE 13TH, GONE RIGHT OVER TO SID, AFTER BUYING A DR NUMBER, AND GIVE THE CLERK AT THE EVIDENCE CONTROL UNIT THE BLOOD VIAL?
THE WITNESS {Fung}: THAT WOULD HAVE BEEN ONE WAY TO HAVE DONE THAT.
Why was sample collected so quickly?
Scheck: AND IN YOUR EXPERIENCE IS IT NOT THE ORDINARY PRACTICE THAT AFTER DETECTIVES GET A BLOOD SAMPLE FROM A SUSPECT THAT THEY TAKE IT TO THE EVIDENCE CONTROL UNIT AND BOOK IT THERE?
Fung: IN MY EXPERIENCE I HAVE NEVER HAD A DETECTIVE OBTAIN A BLOOD SAMPLE THAT QUICKLY.
Did Vannatter package blood, or Fung?
MR. SCHECK: Mr. Fung, on June 22nd at the grand jury, were you asked these questions and did you give these answers? "Question: Did you also receive a blood sample that was removed from the Defendant, the possible Defendant, Mr. Simpson, from Detective Philip Vannatter? "Answer: Yes, I did. "Question: And what date was it that you received it from him? "Answer: I received that blood sample on June 13th, 1994. "Question: Did you package it in some manner when you received it from him? "Answer: Yes, I did. "Question: How? "Answer: I placed it in a gray whole blood envelope." Were you asked those questions and did you give those answers?
MR. FUNG: Yes, I did.
MR. SCHECK: {4/13 from previous day}"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.

Video tape shows Fung exiting Rockingham empty handed after arrival of Vannatter. Mazzolla has black plastic bag. Behind Fung is SID photographer Wilson.
MR. SCHECK: Let's play the next tape. We're going to cue it up. This is 1103. And while Mr. Harris is finding it, Mr. Fung, you recall that this tape is going to depict a more complete view of you and Miss Mazzola on the second trip walking down the driveway and then at Rockingham and then down Rockingham, correct?
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. 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. 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. SCHECK: And when that was called to your attention, you realized that if Detective Vannatter was not at Rockingham at the time that you put the brown paper bags in the valise and Miss Mazzola put the posse box in the back of the evidence truck, that there was no way that at that point in time you could have been putting the blood sample into the car.
MR. FUNG: I had forgotten about the plastic bag until this morning.
MR. SCHECK: After you saw the videotapes, you realized that you could not have been carrying the gray manila envelope in a brown paper bag because Detective Vannatter wasn't there yet when you were shown putting brown paper bags into the truck, correct?
MR. FUNG: That was one of the conclusions I came to, yes.

MR. SCHECK: On direct examination, you were asked some questions about a document where Andrea Mazzola had written that Mr. Simpson's blood sample was item no. 18 and the sneakers that Detective Lange gave you on June 14th were no. 17?
MR. FUNG: That's correct.
MR. SCHECK: And you told us that after you first left the Rockingham scene in the morning, you and Miss Mazzola sat down together and you did an inventory, correct?
MR. SCHECK: And you checked each item of evidence together?
MR. FUNG: That's correct.
MR. SCHECK: And I think you told us yesterday that after you left the Bundy scene, you did the same thing. You checked it in inventory checking the items together.
MR. SCHECK: And you told us yesterday that after you left the Rockingham scene, in the afternoon, you and Miss Mazzola conducted that same kind of inventory when you checked each item together?
MR. FUNG: That's correct.{same answer all questions}
MR. SCHECK: And in that inventory the afternoon of June 13th where you were checking the items together with Miss Mazzola, did you show her the gray envelope containing Mr. Simpson's blood sample?
MR. FUNG: We had not obtained that sample yet when we conducted the inventory, evidence inventory.

MR. SCHECK: So now you're saying that Mr. Simpson's gray manila envelope with the blood sample in it was put into that black plastic trash bag that Miss Mazzola was carrying?
MR. FUNG: To the best of my recollection, yes.

check august testimony of Mazzolla:
MR. SCHECK: Did you ever see any document where Miss Mazzola indicated to you--indicated that she thought the two of you had left Rockingham before 5:20?

MR. SCHECK: And that is a document of four pages--well, the first four pages are numbered 1, 2, 3, 4?
MR. SCHECK: And on the fourth page of that document there is a line that indicates "Time left scene"?
MR. SCHECK: We will get back to that in a minute. That is ordinarily where somebody writes down the time that they left the scene?
MR. SCHECK: And Miss Mazzola was the one that was taking notes? Return to Blood Vial
Shown KABC videotape, Fung is asked & answers:
MR. GOLDBERG: Did this refresh your recollection, sir, as to where you were at the time that you received the envelope from Mr. Vannatter?
MR. FUNG: Yes, it did.
MR. GOLDBERG: Where was that?
MR. FUNG: That was in the foyer at Rockingham.
MR. GOLDBERG: And the plastic bag, which plastic bag is that?
MR. FUNG: That is the plastic bag that Miss Mazzola carried out to the crime scene truck on the second trip.
Someone's opportunity to plant blood
It is clear that Fung impeached Vannatter's handling of the Simpson blood vial, when Fung testinfied that it could, & should, have been book immediately. Here we have Fung admitting -- or asserting -- that he, himself, failed to book the vial. More over, he failed to properly preserve blood evidence by failing to refrigerate it upon return to the Crime Lab.

The booking of the vial as Item #18 the next day, indicates that it was received after the sneakers -- which came in the morning of the 14th. This would provide prima facie evidence of someone being able to obtain the vial overnight. Once the Bundy crime scene had been dismantled, there would be no Chrono log record of individuals going there. These facts combine to indicate that the Simpson blood on the rear gate could have been planted the night of the 13th. That would provide both the blood and the preservative chemical time to become environmental consistant by the 3rd of June, when Lange has it specifically collected. The news videotape shows Fung holding a plastic bag and envelope, and establishes the consistancy of Fung obtaining the vial from Vannatter around 5:20.

MR. SCHECK: And during that inventory did you tell her "Inside that plastic baggies Mr. Simpson's blood vial in a manila envelope"?
MR. FUNG: I don't recall talking to her about the--this item of evidence.
MR. SCHECK: All right. When you got back to the evidence processing room, you and Miss Mazzola went through a process you've told us of taking blood swatches out of coin envelopes and putting them into test-tubes?
MR. FUNG: Yes.
MR. SCHECK: At some point before you began that process did you indicate to Miss Mazzola that Mr. Simpson's blood sample was in a gray manila envelope and inside that plastic bag?
MR. FUNG: I don't recall talking to her about that sample on that day.
MR. SCHECK: At some point, when you got back to the evidence possessing room, did either of you take the gray manila envelope out of the black plastic bag?
MR. FUNG: No.
MR. SCHECK: It was kept in the black plastic bag?
MR. FUNG: During--during that night, yes.
MR. SCHECK: Where did you put it?
MR. FUNG: I put all the evidence on a--one of the tables in the evidence processing room.
MR. SCHECK: You put Mr. Simpson's blood sample, which was in a gray manila envelope, inside the plastic bag on top of the table in the evidence processing room?
MR. FUNG: That's where I put all the evidence that day.
MR. SCHECK: And you left it there?
MR. FUNG: Yes.
MR. SCHECK: And you didn't put it in any refrigerator?
MR. FUNG: No, I didn't.
MR. SCHECK: Did you tell anybody in the laboratory that you had come back with Mr. Simpson's blood vial in that gray manila envelope in that black plastic bag?
MR. FUNG: No.

MR. SCHECK: Mr. Fung, none of this ever happened in terms of putting that gray manila envelope in that plastic bag; isn't that right?
MR. FUNG: That's incorrect.
MR. SCHECK: That is something that you made up when the Judge asked you the question this morning "What's in that black plastic bag?"?
MR. FUNG: No.
MR. SCHECK: That is why you have now recounted that you never told Miss Mazzola once on the afternoon what was in that black plastic bag?
(Deft's 1107 for id = 8-page document) "Original crime scene notes".

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. SCHECK: Up in the upper right-hand corner just where "D. Fung" is there is a date, "6/14/94"?
MR. SCHECK: And below that is written "Item 18, blood sample in tube from Simpson."
MR. SCHECK: And item 19 is "Hair from item no. 9."
MR. SCHECK: And that is item no. 9 is the Rockingham glove?
MR. SCHECK: And the hair that is being referred to is a hair that you removed on the morning of June 14th?
MR. SCHECK: And the sneakers are sneakers that you received in the morning on June 14th?
MR. SCHECK: And it is your testimony that the blood sample from Mr. Simpson you did not receive after the sneakers on the morning of June 14th?
MR. FUNG: I received the sneakers on June 13th at 5:20.
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?

The "sneakers"?
MR. SCHECK: I'm sorry, did you say--did you misspeak and say that you got the sneakers on the 13th?
MR. FUNG: I believe I--I--

Collin Yamauchi takes Simpson's blood, pours off sample, records source as item #18. So the numbering was changed AFTER CY took his sample.
{04/13/95 - end of day, Fung had errased notation on 07/05/94}


Returnto Print Shed

Goldberg: WHEN YOU GOT INTO THE PRINT SHED AND SAW THE VEHICLE, DID YOU TRY TO GET IN SOMEHOW?
Fung: I HAD TO -- OR A DETECTIVE FROM BURGLARY AUTO DIVISION WAS REQUESTED TO HELP US UNLOCK THE DOOR.
Goldberg: DID YOU HAVE A KEY TO THE VEHICLE AT THAT TIME?
Fung: NO.
Goldberg: THAT WAS LOCKED WHEN YOU FIRST SAW IT?
Fung: YES.
Goldberg: WAS IT ALSO LOCKED AT THE SCENE WHEN YOU HAD SEEN IT ON THE 13TH?
Fung: YES.
*** query?? how did they tow it (ie, put it in neutral) if locked? ***
[people's 172 - "BRONCO BOARD"]
[photo #33 - carpet, was cut out for collection.]
[cap collected from driver's floor boards placed in blue bag.]
[people's 164-B is Blue bag, people's 164-A is glove].


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Note: All Transcript and Image Material used in this presentation is available on the WEB.
Transcript material has been edited --
For clarification, related topics have been grouped, repeative questions and courtroom chatter deleted. Where possible, witness testimony has been condensed into a narrative format.

Unedited Simpson Court Transcripts


© 1995 William Lawrence Schreck Jr.© 1995 Source Interactive Network, LLC.
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