Cross-examination of Kelly Mulldorfer

📄 Cross-examination of Kelly Mulldorfer — Thursday, December 12, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\12\CROSS-EXAMINATION-OF-KELLY-MUL.DOC

TRIAL

▲ Day 31 of 57

◀ Direct examination of Kelly Mulldorfer Redirect examination of Kelly Mulldorfer ▶

Witness: Det. Kelly Mulldorfer
Examiner: Dan Leonard
Called by: Plaintiff • Date: Thursday, December 12, 1996 • Utterances: 68

Plaintiff's attorney Peter Gelblum cross-examined Kelly Mulldorfer, who had investigated a theft of receipts from the Bronco by a tow operator named John Meraz. Gelblum challenged her knowledge of photographs of the Bronco's interior and established that, aside from Meraz's theft, the vehicle was properly secured at Viertel's storage facility.

# 1 THE COURT:

Cross?

# 2

CROSS-EXAMINATION

# 3 MR. GELBLUM:

Would you put that back on?

# 4 MR. FOSTER:

The first one?

# 5 MR. GELBLUM:

No, the one that was just on.

# 6 (Page 2 of Defendants' Exhibit 1420 displayed on the Elmo screen.)

# 7

BY MR. GELBLUM:

# 8 Q:

Were you asked to investigate blood in the Bronco?

# 9 A:

No.

# 10 Q:

You were asked to look for receipts that somebody stole, right?

# 11 A:

Yes.

# 12 Q:

Who was the man who stole it?

# 13 A:

John Meraz.

# 14 Q:

Who is he?

# 15 A:

He's a tow-unit operator who towed the -- towed the vehicle from the print shack to Viertels.

KEY QUOTE

# 16 Q:

He got fired from Viertels for doing that?

# 17 A:

Yes.

# 18 Q:

Do you have any idea where this photograph -- do you have any idea where this was taken?

# 19 A:

No.

# 20 Q:

Where it was taken?

# 21 A:

No.

# 22 Q:

Whether it was taken with a flash?

# 23 A:

No.

# 24 Q:

Do you see it looks like maybe a flash there with the reflection off the seat?

# 25 MR. LEONARD:

Objection. Calls for speculation.

# 26 THE COURT:

Sustained.

# 27 MR. GELBLUM:

I'm asking her to observe the photograph, Your Honor.

# 28 THE COURT:

Sustained.

She's not an expert in photography. You haven't established that.

KEY QUOTE

# 29 Q:

Have you ever taken a picture with a flash?

# 30 A:

Yes.

# 31 Q:

You ever see how it reflects off objects?

# 32 A:

Yes.

# 33 MR. GELBLUM:

Can you bring that up, please.

# 34 Q:

(BY MR. GELBLUM) Do you -- does that look like a flash off the seat?

# 35 MR. LEONARD:

Same objection.

# 36 THE COURT:

Sustained.

# 37 Q:

(BY MR. GELBLUM) Do you have any idea when that was taken?

# 38 A:

No.

# 39 Q:

Does it look like it's outside, rather than in a shack or a shed?

# 40 A:

That's what it looks like.

# 41 Q:

Did it look like it was a flash used?

# 42 MR. LEONARD:

Objection. Same objection.

# 43 Q:

Do you --

# 44 THE COURT:

Sustained.

# 45 Q:

(BY MR. GELBLUM) Do you know whether a flash was used?

# 46 A:

No.

# 47 MR. LEONARD:

Same objection.

# 48 Q:

(BY MR. GELBLUM) Do you know anything about these photographs?

# 49 A:

No.

# 50 Q:

Were you looking for blood when you went into the Bronco?

# 51 A:

No.

# 52 MR. LEONARD:

Objection. Asked and answered.

# 53 THE COURT:

Sustained.

# 54 Q:

(BY MR. GELBLUM) There was no breach of security at Viertels, was there?

I'm sorry. Putting aside Mr. Meraz's theft.

KEY QUOTE

# 55 MR. LEONARD:

Other than that?

# 56 MR. GELBLUM:

Yes, other than that.

# 57 MR. LEONARD:

Okay.

# 58 Q:

(BY MR. GELBLUM) The Bronco was held properly in a cordoned-off area, in a proper manner, correct?

# 59 A:

Yes.

# 60 Q:

It was kept sheltered?

# 61 A:

Yes.

# 62 Q:

And roped off?

# 63 A:

Yes.

# 64 Q:

And secure from the public?

# 65 A:

Yes.

# 66 MR. LEONARD:

Objection. No foundation for that.

# 67 THE COURT:

Overruled.

# 68 Q:

(BY MR. GELBLUM) When you approached the vehicle, did you see print dust on the outside of the vehicle?

Temperature

procedural

Key Quotes (3)

Peter Gelblum

There was no breach of security at Viertels, was there? I'm sorry. Putting aside Mr. Meraz's theft.

Gelblum concedes the theft while extracting confirmation that the Bronco was otherwise properly secured — bolstering the chain of custody for blood evidence.

Kelly Mulldorfer

He's a tow-unit operator who towed the -- towed the vehicle from the print shack to Viertels.

Identifies the theft suspect and his role in the chain of custody.

Hiroshi Fujisaki

She's not an expert in photography. You haven't established that.

Judge shuts down Gelblum's attempt to elicit lay opinion on flash photography from the witness.

Evidence (1)

Defendants' Exhibit 1420 (page 2)

Photograph of the Bronco interior, possibly showing a flash reflection off the seat

displayed on Elmo, questioned about origin, lighting, and timing

Notable Exchanges (2)

Peter Gelblum•Dan Leonard•Hiroshi Fujisaki

Gelblum repeatedly attempted to get Mulldorfer to characterize a flash reflection in the Bronco photo; Leonard objected on speculation grounds each time and was sustained every time.

frustrated/strategic

Peter Gelblum•Dan Leonard

Brief sidebar-style clarification where Leonard sarcastically echoes 'Other than that?' when Gelblum tries to exclude Meraz's theft from his security question — both sides agree to the framing.

light/collegial

Light Moments (1)

Dan Leonard

Leonard deadpans 'Other than that?' when Gelblum asks about security breaches 'putting aside Mr. Meraz's theft,' prompting Gelblum to simply confirm 'Yes, other than that.'

Credibility Attacks (1)

⚔ Kelly Mulldorfer

knowledge limitation

Gelblum established the witness knew nothing about the photographs — when they were taken, where, or whether a flash was used — undermining the evidentiary weight of her testimony about Bronco conditions.

Objections

7 objections (6 sustained, 1 overruled)

Proceeding 8634 • 68 utterances • Plaintiff witness

Civil Trial

Department 103