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THE O.J. SIMPSON MURDER TRIAL : Shapiro Remark Called Ill-Timed : Trial: Reports of comment about ‘Hang Fung Restaurant,’ an apparent reference to criminalist Dennis Fung, draw some complaints.

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<i> From a Times Staff Writer</i>

In the latest exercise in questionable judgment to hit the O.J. Simpson case, defense attorney Robert L. Shapiro handed out fortune cookies to two writers at the courthouse, allegedly telling them: “These are from Hang Fung Restaurant.”

At the time Shapiro handed out the cookies Thursday, senior police criminalist Dennis Fung, who is Asian American, was in the midst of a bruising cross-examination by Shapiro’s colleague Barry Scheck.

After a version of the incident was reported by the Associated Press, the Asian Pacific American Legal Center received several complaints.

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Kathy Imahara, staff attorney at the center, said the remark took on greater significance given the racial dynamics of the trial and the fact that only nine days earlier Sen. Alfonse D’Amato (R-N.Y.) had been forced to apologize after he used a demeaning, caricatured Japanese accent to mock Superior Court Judge Lance A. Ito.

“Given what I know of the context of the courtroom . . . and Sen. D’Amato’s comment, (the Fung remark) feels on the racist side,” said Imahara. “I think if it was just that comment without all the other context I’d give less weight to it and chalk it up as a joke.”

Asked about the incident Friday, Shapiro laughed dismissively.

“Why is an issue being made of this?” he said, before walking away.

Dominick Dunne, one of the authors who say they heard the quip, defended the lawyer.

“I am just heartsick over this because there was nothing malicious in what he did,” said Dunne, who is writing about the trial for Vanity Fair magazine. “I realize it was ill-timed coming so soon after D’Amato, but it was a little joke.

“In hindsight, I think (Shapiro) wishes he hadn’t said it, but there was no malice,” Dunne added.

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