Fung Changes His Story On The Bundy Glove
SANTA MONICA, Calif. (Jan. 15, Evening) -- LAPD criminalist Dennis Fung changed his story about the Bundy glove, telling jurors Wednesday afternoon in the O.J. Simpson civil trial that his testimony earlier this month was wrong. Instead of a cut or hole on the glove's ring finger, Fung said this afternoon that he saw a piece of debris.
Earlier, a forensic photo expert gave testimony to counter the defense theory that the glove found at Bundy may have been switched with another glove in a conspiracy to frame Simpson.
Court will be in session for a half day on Thursday because defense attorney Robert Baker has a conflicting obligation. The plaintiffs, expected to wrap up their rebuttal case on Friday, announced their final four witnesses: Terry Lee, who will testify about the presence of EDTA in some of the blood stains; Bradley Popovich, who will address evidence contamination issues; Richards; and Bodziak.
Also Wednesday afternoon, the Second District Court of Appeals paved the way for the plaintiffs' photo expert Gerald Richards and FBI shoe expert William Bodziak to testify about the new Bruno Magli photos. The defense had asked the appellate court to overturn a ruling by Judge Hiroshi Fujisaki that allowed the plaintiffs to question the two experts about the new pictures, claiming their examination would be outside the scope of the defense case and that there was not adequate discovery on the issue. But the appellate court denied the emergency motion in a one-sentence order, saying the defense: "fail[ed] to demonstrate entitlement to extraordinary relief."
On the witness stand, forensic scientist Richard Fox rebutted the testimony of Herbert MacDonell, a defense witness who found "little red balls" of blood on Simpson's sock. The balls, MacDonell asserted, could show that blood was planted because they were found on the inside of the sock, directly across from where a blood stain was cut out. If Simpson's foot had been in the sock, MacDonell testified, blood could not have ended up where he found it.
Fox, however, told the jury that the little red balls most likely got on the sock when criminalists cut out the stain. The dried blood probably flaked off. To prove his point Fox conducted his own an experiment, dripping his blood on a piece of Simpson's sock. After it dried, Fox cut out the stain. Using a microscope, the forensic scientist found similar little red balls, which he photographed and showed to the jury.
"I would be surprised if some blood didn't fall to [the inside of the sock, opposite the stain] when it was cut," Fox said.
"And the basis for your opinion, sir?" asked plaintiffs' lawyer Edward Medvene.
Replied Fox: "Gravity."
Fung's direct examination was extremely short. The criminalist told the jury that after he testified last week he looked at other, more clear pictures and decided that what he really saw on the glove was debris. Fung testified last week that the glove in evidence might not be the same as the glove in a crime scene photograph, giving rise to defense theories that the Bundy glove may have been switched.
"Do you now believe these photos depict a cut or tear in the glove?" plaintiffs lawyer Thomas Lambert asked.
"No, I don't," Fung replied.
"So are you saying you were mistaken in your testimony?" Lambert continued.
"Yes," Fung replied. "It is the same glove."
But lead defense attorney Robert Baker did not let Fung get off easily. In a voice dripping with disgust, Baker accused Fung of changing his testimony at the behest of his superiors and to help the plaintiffs. The two clashed several times, and at one point Baker asked Judge Fujisaki to instruct Fung to answer his question in a yes-or-no format and to "save the speeches for when he gets back to the station."
Baker hammered away at Fung, broadening his attack to include the criminalist's handling of other evidence in the case as well. After Fung admitted making a mistake in his previous testimony, Baker quickly jumped on him.
"How many mistakes did you make, Mr. Fung," Baker asked, his voice rising.
"One," replied Fung.
"How about the back gate, was that a mistake, Mr. Fung?" Baker asked, in a question that the plaintiffs objected to and Judge Fujisaki sustained.
-Robert Schmidt
Court TV Law Center
Find out about Court TV's coverage of the civil trial, and take a look at the witness lists provided by both sides.
Rob Schmidt's Reporter's Notebook
Court TV Reports and Trial Coverage
A Look Back at the Criminal Case
Discuss the Case
Register for our message boards and trade your insights and opinions with other trial watchers.
