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UCLA law professor Peter Arenella and Loyola...

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UCLA law professor Peter Arenella and Loyola University law professor Laurie Levenson offer their take on the O.J. Simpson trial. Joining them is Santa Monica defense attorney Gigi Gordon, who will rotate with other experts as the case moves forward. Today’s topic: Another day with Dennis Fung.

PETER ARENELLA

On the prosecution: “While Barry Scheck has been on a roll, even superb lawyers make mistakes. By asking about a positive presumptive blood test, Scheck may have opened the door to what had previously been ruled inadmissible. The prosecution may now be able to show the jury that blood was found in O.J.’s bathroom drain. On redirect prosecutors must show this jury that Fung’s sloppy work and faulty memory cannot explain away all the physical evidence.”

On the defense: “While continuing his assault on Fung’s credibility and competence, Scheck also suggested that the criminalist was a co-conspirator with detectives Mark Fuhrman and Philip Vanatter in their alleged attempts to plant evidence. Scheck ended the day by suggesting that Vanatter possessed O.J.’s blood sample for two days before giving it to Fung, thereby creating the opportunity to plant blood on the rear gate and socks.”

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LAURIE LEVENSON

On the prosecution: “Wednesday was a better day for Fung, though he’s still not exactly a star prosecution witness. Scheck’s questions were less focused, allowing Fung to explain why he handled the evidence in the manner that he did. More important, the defense may have opened the door to allow the prosecution to introduce its scientific tests showing the possibility that there was blood in the drain at Simpson’s house, as well as on the door sill of Simpson’s Bronco.”

On the defense: “Scheck probably wishes that he had quit when he was clearly ahead. His cross-examination of Fung has become tedious and generally unproductive. Even worse, the jurors may begin to forget some of the important points Scheck made earlier with Fung and sympathize with the man who is undergoing an endless interrogation. The defense’s best point of the day was that the blood was stored for seven hours in a hot van instead of refrigerated.”

GIGI GORDON

On the prosecution: “In their redirect examination of Fung, prosecutors face the daunting task of dispelling the cloud of confusion, contamination and conspiracy that now hangs over this case like a June fog in Los Angeles. Can it be done? If this jury has the collective will to find O.J. Simpson not guilty, the prosecution must show them a clear path out of the labyrinth that Scheck has created out of the material the LAPD’s investigation handed him.”

On the defense: “Some may think Scheck has gone on too long. But this is a jury that has been sequestered to suffocation, bored, shut up and shuttled around and Scheck is the best show they’ve seen so far. He’s focused, dramatic and getting results. His examination is directed to the jury and to one specific point: The path to a reasonable doubt concerning the scientific evidence. Scheck’s strategy with Fung has been brilliant and daring.”

Compiled by TIM RUTTEN / Los Angeles Times

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