THE O.J. SIMPSON MURDER TRIAL

UCLA law professor Peter Arenella and Loyola University law professor Laurie Levenson offer their take on the Simpson trial. Joining them is Southwestern University law professor Karen Smith, who will rotate with other experts as the case moves forward. Today’s topics: more cross-examination of LAPD criminalist Dennis Fung and the jury investigation.

PETER ARENELLA

On the prosecution: On redirect, Hank Goldberg must show the jury that Fung did not alter any records to conceal police errors. He must also show the jury that Fung did receive O.J.’s blood sample from Vannatter on June 13 before he left the Rockingham crime scene. At this juncture, the prosecution should be happy if they can undermine defense conspiracy theories, because Fung’s competency and credibility are beyond repair.

On the defense: Since conspiracy theories are motivated by mistrust of authority, the defense must do more than portray Fung as an inept criminalist. To that end, Scheck’s cross suggested that Vannatter lied about when he delivered O.J.’s blood sample and that Fung altered records that would have revealed that lie. If jurors believe the two men lied, they may infer a more sinister reason than simply protecting a detective who belatedly booked evidence.

LAURIE LEVENSON

On the prosecution: Fung has been the prosecution’s worst nightmare. He couldn’t recall who, if anyone, saw him receive Simpson’s blood on June 13, nor explain why he remembered the blood vials in his evidence reports. Worse, he did not have an original page of the crime scene checklist, which could suggest a cover-up. Goldberg quickly produced the missing page, showing Fung as a bungler rather than a conspirator trying to frame O.J. Simpson.

On the defense: Scheck moved in for the kill. He accused Fung of lying about collecting Simpson’s blood on June 13, producing documents and videotapes to attack Fung’s credibility. Scheck was relentless, even when Fung explained that the blood vial was in a plastic bag. As Scheck worked to establish a conspiracy inside the courtroom, Cochran charged a conspiracy outside to harass black jurors and deny Simpson a fair trial.

KAREN SMITH

On the prosecution: They can only hope the jury will accept that although Fung’s memory is flawed, he really got the blood from Vannatter on June 13. They have to demonstrate that although the evidence wasn’t kept in pristine condition, it still was not harmed. One way they can try to limit the damage is to remind the jury that we’ve all left a container of food out, but it wasn’t spoiled and we didn’t die when we ate the spaghetti the next day.

On the defense: Scheck was impressive with his ability to take minute areas and tease them out to set up clear impeachment of Fung. Take the blood vial, for example. Scheck said it was in one of three containers. Fung said correct. Then Scheck used videotape to show Fung and the world that he was wrong yet again. Scheck also capitalized on the fact that he caught Fung in a lie during his grand jury testimony, and he floated some interesting theories.

Compiled by HENRY WEINSTEIN / Los Angeles Times