20 - The Michigan Daily - Tuesday, April 18, 1995 Videotape bolsters , Fung testimon Cin O.J. Simpson case A AP PHOTO Los Angeles Police Department criminalist Dennis Fung points yesterday to an area showing blood spots on an exhibit photo of O.J. Simpson's bronco. Lawyer calls Kaelin's book 'contradictory' Newsday LOS ANGELES - In a strong blow to defense claims that O.J. Simpson was framed by police, the prosecution yesterday used a video- tape to offer proof that homicide detective Philip Vannatter promptly delivered a vial of Simpson's blood to criminalist Dennis Fung the day after the murders and not two days later. The newly discovered tape contra- dicted a videotape shown by defense lawyer Barry Scheck last week that purported to show that Vannatter had Simpson's blood in his possession for two days, making it possible for police to plant evidence that would incrimi- nate Simpson for the June 12 murders of his ex-wife and a friend, Ronald Goldman. The new videotape, shot by a Los Angeles TV station, appeared to come as a surprise to Scheck. It was played= by prosecutor Hank Goldberg as part of the effort to restore Fung's cred- ibility to the jury. Fung had testified the vial was given to him at O.J. Simpson's estate the day after the murders, but that he could not recall whether he put it in the crime truck or gave it to an assistant, Andrea Mazzola. Fung had been subjected to a gru- eling weeklong cross examination by Scheck, who succeeded in getting the criminalist to admit that mistakes were made in the collection of evidence and in the handling of the crime scene that could have resulted in contami- nation. Also during yesterday's ques- tioning, Fung denied that he delib- erately misled a grand jury about who actually collected the evidence - he or Mazzola - and insisted that the dark item on the white blan- ket used tocover Nicole Simpson's body was not the leather glove, but a clump of leaves on a stain of blood. He also denied touching evidence with his bare hands and maintained that an .item seen in his hands on a defense videotape was not the bloody envelope containing eye- glasses. Besides the videotape, there were other surprises, including an an apol- ogy by defense lawyer Robert Shapiro for offending Asian Americans by passing out fortune cookies during the cross examination of Fung. Blood sample dispute major issue for case Los Angeles Times LOS ANGELES - The handling of a vial of O.J. Simpson's blood has become a significant issue in his double- murder trial. Simpson's law- yers contend that Los Angeles Police Department Detective Philip L. Vaniatter kept the blood overnight, and suggest he could have used it to stain other items of evidence. Pros- ecutors say Vannatter gave the blood to a criminalist the same afternoon it was drawn. The following is the prosecution's timeline for June 13: Between 2:30 and 3:30 p.m.: Simpson gives police blood sample. 5:12 p.m.: LAPD criminalist Dennis Fung puts most evidence from Simpson's estate in a crime scene truck, then goes back inside Simpson's house with Andrea Mazzola, an entry-level LAPD criminalist. 5:16 p.m.: Vannatter ar- rives with a gray envelope con- taining the blood vial, and goes inside Simpson's estate. M5:18 p.m.: Vannatter gives Fung the blood vial. Fung puts it in a black plastic bag. 5:42 p.m.: Fung and Mazzola leave Simpson's es- tate. Mazzola carries the bag, puts it in the front of the crime scene truck. The following is the defense's timeline for June 13: Between 2:30 and 3:30 p.m.: Simpson allows police to take a blood sample from him at LAPD headquarters. 5:20 p.m.: Vannatter, the police detective who had the vial ofSimpson's blood, arrives at Simpson's estate. The defense contends that Fung did not receive the blood vial until the morning of June 14. The Washington Post LOS ANGELES - Key witness Brian "Kato" Kaelin has written a book that contradicts his testi- mony in the O.J. Simpson murder trial, a lawyer for the book's co-author said yesterday. Kaelin, the shaggy-haired aspiring actor who was a house guest of Simpson last June when the celebrity defendant's ex-wife and a male friend were murdered, gave 16 hours of interviews to author Marc Eliot for the book, which has been written but does not have a publisher, Eliot's attor- ney, Leonard Marks, said in an interview. "After we reviewed Kato's testimony, my con- clusion was that he had lied on the stand and that he had concealed a tremendous amount of informa- tion," Marks said in a telephone interview moni- tored by Eliot. The lawyer refused to elaborate. Prosecutors have obtained copies of Kaelin's taped interviews and are investigating him "for the possibility of a number of things, I would imagine," Judge Lance A. Ito told defense lawyers in a sidebar conference Friday, according to a transcript re- leased yesterday. Kaelin's book was reportedly going to be issued by St. Martin's Press, but the firm's chairman, Thomas McCormack, said yesterday that he had backed out of the deal when Kaelin and Eliot's agents requested half the advance before permitting even a glimpse of the manuscript. 'gAfter we reviewed Kato's testimonym conclusion was that he had lied on the stand," -- Leonard Marks Lawyer for author Marc Eliot, who co-wrote Brian Kato' Kaelin's new book "I said no deal," the publisher said. "If you go into a house with a Realtor and he says, 'I'm not going to show you the top floor,' would you buy the house?" He added that he had not even seen an outline. McCormack said that his experience with the book - reportedly titled "Star Witness: My Life With Nicole and O.J."- left him "skeptical" about the contents. He also said the amount of money that the deal had been reported as being worth - $500,000 - was a serious exaggeration. Kaelin is a key witness because he had several conversations with Simpson on June 12, accompa- nied him on a hamburger run to McDonald's an hour before the murders and saw him again just after the estimated time of the bloody slayings, which took place outside Nicole Simpson's townhouse two miles away. Prosecutor Marcia Clark had Kaelin declared a "hostile witness" during his testimony because she believed he shaded his statements to avoid hurting O.J. Simpson, who had sheltered him for free and tried to help his stalled acting career. Clark also implied that Kaelin was withholding damaging information about Simpson's demeanor and com- ments on the night of the murder and about the Simpsons' stormy marriage.. Kaelin, who was alternately wisecracking, con- fused and somber during his court testimony, could be open to perjury charges if he lied on the stand, and could be called back to testify further if the book shows that he has more relevant information than he divulged in court. Kaelin's lawyer could not be reached for comment last night. Kaelin testified on the stand that he was not writing a book, an answer that appeared to surprise prosecutors. Darden said the prosecution has a copy of a videotaped book proposal and an un- signed book contract with St. Martin's Press. Marks said the book is written, and described Kaelin's testimony on the subject as "outright lies." Darden said in court yesterday that he was turning over to the defense some 15 to 17 tapes of the Kaelin-Elliott interviews, which were obtained by subpoena. Marks said Elliott is cooperating fully with the District Attorney's office. i V" J 1 :.; r , - -;:6 , * ' - . , 9 . ' ° . . . ; - ,4 ° 4 , I..: t ' .. 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