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From: Junot
Date: 6/12/03
Time: 9:50:08 PM
Remote User:
Group:
For the sake of convenience, I am reproducing the relevant portions of fung's April 3rd, 1995 criminal trial testimony, about the footprints at Bundy
Q: WHEN YOU WERE OUT AT THE SCENE AND LOOKING AT THESE VARIOUS BLOOD DOTS AS WELL AS THE SHOEPRINTS, DID DETECTIVE LANGE ASK YOU TO DO ANYTHING IN PARTICULAR IN TERMS OF DOCUMENTING OR ANALYZING THOSE SHOEPRINTS AND THE BLOOD DOTS?
A: YES, HE DID.
Q: WHAT DID HE ASK YOU TO DO?
A: HE ASKED ME TO MEASURE AND DOCUMENT THE DIFFERENT SHOE -- SHOEPRINTS.
Q: AND HOW DID YOU MEASURE THE SHOEPRINTS?
A: I PLACED A TAPE MEASURE DOWN AND MEASURED THEM WITH REFERENCE TO ITEMS THAT ARE IMMOVABLE WITHIN THE RESIDENCE.
Q: SO YOU DOCUMENTED THE MEASUREMENTS OF THE VARIOUS SHOEPRINTS?
A: YES.
Q: DID YOU ALSO DOCUMENT THE MEASUREMENTS OF THE VARIOUS BLOOD DOTS ON WHAT YOU'VE DESCRIBED AS THE TRAIL?
A: YES.
Q: OKAY. AND FOR WHAT PURPOSE DID DETECTIVE LANGE SAY HE WANTED YOU TO LOOK AT IT, TO DETERMINE WHAT?
MR. SCHECK: OBJECTION. CALLS FOR SPECULATION.
THE COURT: SUSTAINED.
MR. GOLDBERG: WELL, I ASKED HIM WHAT HE SAID.
THE COURT: BUT -- WHY DON'T YOU REPHRASE THE QUESTION.
Q: BY MR. GOLDBERG: OKAY. WHEN DETECTIVE LANGE SAID SOMETHING TO YOU, SAID HE WANTED YOU TO LOOK AT THOSE, WHAT DID HE SAY HE WANTED YOU TO LOOK AT THEM FOR?
A: HE WANTED ME TO DO A -- I THINK HIS TERM IS -- THE WORD HE USES ESCAPES ME RIGHT NOW. I'M SORRY.
Q: DID HE USE A TERM THAT WASN'T TYPICALLY USED ANY LONGER -- THAT YOU DO NOT USE AS A CRIMINALIST?
A: YES.
Q: DID IT HAVE TO DO WITH THE STRIDES?
A: STRIDE ANALYSIS, YES.
Q: OKAY. AND WHAT, IF ANYTHING, WERE YOU TRYING TO DETERMINE BY MEASURING THE FOOTPRINTS AND THE BLOOD DOTS?
A: I WAS -- I WAS ASKED TO DETERMINE WHETHER THE PERSON WAS RUNNING OR WALKING.
Q: OKAY. AND WHAT KINDS OF FACTORS DID YOU LOOK AT IN ORDER TO MAKE THAT DETERMINATION?
A: I LOOKED AT THE DISTANCE BETWEEN THE SHOEPRINTS. I LOOKED AT THE PRINTS -- SHOEPRINTS THEMSELVES TO SEE IF THERE WAS ANY SPLASHING EFFECT AND I LOOKED AT THE BLOODSTAINS TO THE LEFT OF THE SHOEPRINTS TO DETERMINE IF THERE WAS ANY TRAILING OR NOT.
Q: OKAY. WELL, LET'S BREAK THAT DOWN FOR A SECOND. FIRST OF ALL, DID YOU MAKE ANY PRELIMINARY DETERMINATION AS TO THE SHOE SIZE?
A: YES.
Q: WHAT WAS YOUR PRELIMINARY DETERMINATION?
A: THE PRELIMINARY DETERMINATION WAS THAT IT WAS A LARGE SHOE SIZE CONSISTENT WITH BEING WORN BY AN ADULT.
Q: OKAY. AND YOU SAID THAT ONE OF THE THINGS THAT YOU LOOKED AT WAS WHETHER OR NOT THERE WAS SPLATTERS OFF THE SHOEPRINTS?
A: YES.
Q: WHY WERE YOU LOOKING AT THAT?
A: WHEN A PERSON RUNS, THEY WILL HAVE MUCH MORE FORCE WHEN THEY HIT THE GROUND WITH THEIR FOOT AND THERE WILL BE SOMEWHAT OF A SPLASHING EFFECT ON THE -- ON THE SURFACE.
Q: DID YOU SEE THAT KIND OF SPLASHING EFFECT?
A: NO.
Q: AND ANOTHER THING YOU SAID YOU WERE LOOKING AT WAS THE DISTANCE BETWEEN SHOEPRINTS?
A: YES.
Q: FOR WHAT PURPOSE WERE YOU LOOKING AT THAT?
A: WHEN A PERSON RUNS, THEY WILL HAVE A LONGER DISTANCE BETWEEN EACH SHOEPRINT THAN WHEN THEY WALK.
Q: AND WAS THE DISTANCE HERE FOR AN ADULT RELATIVELY LONG CONSISTENT WITH RUNNING OR SHORTER?
A: IT WAS RELATIVELY SHORTER.
Q: OKAY. AND FINALLY, YOU SAID THAT YOU LOOKED AT THE TRAILING OR TAILING --
A: YES.
Q: -- OF THE BLOOD DOTS. WHAT DID YOU MEAN BY THAT?
A: WHEN A DROP OF BLOOD HITS AN OBJECT, WHEN IT HAS SOME TYPE OF VELOCITY BESIDES GOING DOWN, IT WILL TYPICALLY HAVE A SPLASHING EFFECT IN THE DIRECTION THAT IT IS TRAVELING AND YOU CAN DETERMINE DIRECTION BY ANALYZING THAT.
Q: DID YOU SEE ANY EVIDENCE OF SIGNIFICANT TAILING ON THESE BLOOD DOTS?
A: THERE WAS NO SIGNIFICANT TRAILING, NO, OR TAILING, NO.
Q: AND WOULD THAT BE MORE CONSISTENT WITH SOMEONE THAT WAS RUNNING OR MOVING MORE SLOWLY?
A: THERE WOULD BE MORE TAILING WITH SOMEONE WHO WAS RUNNING.
Q: OKAY. NOW, RESPECTING THE SHOEPRINTS AND THE BLOOD DOTS, DID YOU NOTICE WHERE IN RELATIONSHIP TO THE SHOEPRINTS THE BLOOD DOTS WERE?
A: GENERALLY SPEAKING, THE DROPS WERE TO THE SOUTH OF THE SHOEPRINTS OR TO THE LEFT IF THE PERSON WAS WALKING IN THE WEST DIRECTION.
Q: OKAY. SO IF A PERSON WERE WALKING TOWARDS THE WEST DIRECTION, THE BACK GATE, THE DOTS WERE GENERALLY TO THE LEFT?
A: YES.
Q: RESPECTING THE BOARD THAT WE'RE MARKED AS PEOPLE'S 165 FOR IDENTIFICATION, ITEMS NO. 48 -- PERHAPS YOU NEED TO GET -- TO TAKE A STEP OFF THE WITNESS STAND. CAN WE SEE THIS AGAIN? IS ONE OF THE SHOEPRINTS THAT YOU OBSERVED AT THE SCENE ON THE 13TH LOCATED IN THIS PHOTOGRAPH?
A: YES.
Q: CAN YOU TELL US WHERE IT IS BY POINTING ON THE DIAGRAM? I THINK YOU'RE GOING TO HAVE TO POINT OVER HERE.
A: IT IS RIGHT HERE (INDICATING).
Q: BUT CAN YOU TELL US WHERE IN THE PHOTOGRAPH THE SHOEPRINT IS?
A: UP IN THE RIGHT -- UPPER RIGHT-HAND CORNER.
Q: CAN YOU DESCRIBE IT A LITTLE BIT FOR US SO WE CAN SEE WHAT WE'RE LOOKING AT? IS IT A WHOLE SHOEPRINT OR PART OF A SHOEPRINT?
A: IT APPEARS TO BE A PARTIAL SHOEPRINT RIGHT HERE AND THIS IS THE OUTLINE OF IT (INDICATING).
Q: AND THE BLOOD DOT IS ALSO LOCATED IN THIS PHOTOGRAPH NEXT TO THE CARD 113?
A: YES.
Q: NOW, CAN YOU TELL US HOW ON THE DIAGRAM THIS ITEM WOULD BE ORIENTED? IN OTHER WORDS, WHICH WAY IS WEST ON THE PHOTOGRAPH?
A: ON THE PHOTOGRAPH, GOING UP IS WEST. SO TO ORIENT THIS PROPERLY, YOU WOULD HAVE TO TURN IT ON ITS SIDE.
Q: SO WHEN YOU'RE AT THE SCENE AND YOU'RE LOOKING AT THIS PARTIAL SHOEPRINT, IF THE PERSON WERE HEADED IN A WESTERLY DIRECTION TOWARDS THE BACK GATE, THE BLOOD DOT IS TO THE LEFT?
A: YES.
Q: NOW, REGARDING ITEM NO. 47 -- WE DON'T NEED TO TAKE A LOOK AT THAT. BUT JUST REFERRING TO THE DIAGRAM, PEOPLE'S 165, WAS THERE ALSO A SHOEPRINT IN THE VICINITY OF THAT BLOOD DOT?
A: YES.
Q: AND WHERE WAS THAT USING THE DIAGRAM?
A: THERE WAS A SHOEPRINT UP IN THIS AREA HERE (INDICATING).
MR. GOLDBERG: ON THE DIAGRAM, HE'S POINTING TO ONE TILE TO THE NORTH OF WHERE THE BLOOD DOT IS, YOUR HONOR, AND IT'S ADJACENT TO THE BLOOD DOT ITSELF.
THE COURT: YES.
MR. GOLDBERG: WELL, HE'S POINTING TO A ROW OF TILES AGAIN FOR THE RECORD. THAT'S THE ROW ABOVE THE BLOOD DOT TO THE NORTH ON THIS DIAGRAM.
MR. SCHECK: IT'S NOT DIRECTLY ABOVE IT. IT'S TO THE LEFT OF IT AS WE'RE LOOKING.
Q: BY MR. GOLDBERG: MR. FUNG, WHY DON'T YOU POINT TO IT AGAIN.
A: OKAY. (INDICATING).
MR. SCHECK: MAYBE HE CAN COUNT THE NUMBER OF TILES STARTING FROM --
THE WITNESS: THERE (INDICATING).
MR. SCHECK: MAYBE WE CAN COUNT THE NUMBER OF TILES STARTING FROM THE BEGINNING AND YOU CAN INDICATE WHAT TILE HE'S POINTING TO.
THE COURT: HE APPEARS TO BE INDICATING A LOCATION THAT'S APPROXIMATELY ONE FOOT ON THE DIAGRAM SLIGHTLY ABOVE AND SLIGHTLY TO THE LEFT.
MR. FUNG: YES.
THE COURT: HE AGREES. PRETTY GOOD FOR NOT BEING ABLE TO SEE IT, ISN'T IT?
MR. SCHECK: CAN YOU SEE IT FROM THERE?
THE COURT: I CAN SEE RIGHT THROUGH IT.
Q: BY MR. GOLDBERG: OKAY. IS WHAT THE JUDGE JUST SAID CORRECT?
A: ABSOLUTELY.
MR. SCHECK: OF COURSE.
Q: BY MR. GOLDBERG: OKAY. NOW, WHEN YOU PACKAGED THE VARIOUS ITEMS THAT YOU COLLECTED THAT ARE REPRESENTED ON THIS BOARD, 165, INTO THE COIN ENVELOPES, WERE THE COIN ENVELOPES GIVEN THE -- AND I'M TALKING ABOUT THE ONES ON THE 13TH -- WERE THEY GIVEN THE PHOTO ID NUMBER OR THE ITEM NUMBER.
MR. SCHECK: OBJECTION. COMPOUND.
THE COURT: SUSTAINED. WHY DON'T YOU REPHRASE THE QUESTION.
Q: BY MR. GOLDBERG: WELL, WITH RESPECT TO EVERY ITEM THAT YOU COLLECTED ON THE 13TH, WAS IT GIVEN THE PHOTO NUMBERS OR THE ITEM NUMBERS?
A: WITH RESPECT TO THE ITEMS THAT I COLLECTED ON JUNE 13TH AT BUNDY, THE EVIDENCE WAS MARKED FIRST WITH PHOTO ID NUMBERS.
Q: AND THEN LATER ON, YOU ASSIGNED THE ITEM NUMBERS?
A: YES.
Q: AND WHERE WAS THAT? WAS THAT AT BUNDY OR BACK AT THE LAB?
A: THAT WAS DONE AT THE LABORATORY.
Q: AND THEN WERE THOSE COIN ENVELOPES GIVEN THE DR NUMBER THAT YOU READ OFF IN THIS CASE?
A: YES.
Q: PRIOR TO LEAVING THE BUNDY LOCATION, DID YOU DO ANYTHING TO RECHECK THE ITEMS THAT YOU HAD COLLECTED?
A: PRIOR TO LEAVING BUNDY, I CONDUCTED A -- AN EVIDENCE INVENTORY FOR THE ITEMS OF EVIDENCE WE COLLECTED AT BUNDY