Good morning.
We call Detective Kelly Mulldorfer.
KELLY MULLDORFER, called as a witness on behalf of Defendants, was duly sworn and testified as follows:
You do solemnly swear that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?
Kelly Mulldorfer. That's K-e-l-l-y, M-u-l-l-d-o-r-f-e-r.
DIRECT EXAMINATION BY MR. LEONARD:
Can you tell the ladies and gentlemen of the jury and the Court, what your present occupation is?
Well, the police commission issues permits for various businesses in the City of Los Angeles and we investigate -- we investigate those companies or businesses that hold police commission permits, which would include official police car garages and security guard companies, and things like that.
An official police garage is the garage that has the contract with the city to do all of our towing for our vehicles when we have them towed or stored for one reason or another.
Now, in July of 1994, were you assigned to investigate security issues surrounding the white Ford Bronco owned by Mr. Simpson?
And in particular, were you -- were you assigned to investigate an alleged break-in to the vehicle, and some theft of some items from the vehicle?
And I take it that part of your assignment was to make sure that -- that the security procedures that were in effect at this garage that the Bronco was being held at were adequate; is that correct?
It's located on Temple Street.
You know, I don't have the exact address. I have it with me, if you need the exact address.
I was given the investigation to -- I was told to investigate the theft, and to look and see if Viertesls had violated any of the rules that they are required to abide by.
Ladies and gentlemen, this is another instance where parties want to get in some hearsay to explain another purpose, or in this case, conduct. When we let you hear that, that's not being received to show that a theft occurred or anything in particular happened in this particular conversation or report that this officer received.
It's only to explain what she did subsequent to that, so you can't consider it as proof of any theft or anything like that.
Everybody understand that?
As briefly as possible, can you explain in some detail what you were told about the theft?
Okay.
We received a letter from Mr. Viertels, and I was given a copy of the letter that outlined the -- the circumstances under which one of their tow-truck drivers was let go. And that included the allegation of a theft from that particular vehicle.
Well, were you simply going to investigate this particular theft, or did you have in mind making sure that no other thefts had occurred, or that there hadn't been any other illegal entries or unauthorized entries? Let me put it that way.
I take it you weren't limiting yourselves once you got this.
(BY MR. LEONARD) I take it you weren't limiting yourself in your investigation; is that right?
(BY MR. LEONARD) Were you interested, Detective Mulldorfer, in determining whether or not there had been any other unauthorized entries of any kind?
(BY MR. LEONARD) As part of the investigation you undertook, you inspected the Bronco; is that right?
I don't know if "inspected" would be the right word.
I went and looked for the items inside the vehicle.
Well, you used the word "inspect" when you were asked the same question at the criminal trial. Do you remember that?
And in the course of -- of your investigation, and your inspection of the Bronco, tell the ladies and gentlemen of the jury which portions of the Bronco that you looked into or looked around.
Objection. Misstates the testimony. She said she did not inspect it; she looked for the receipts.
Okay.
I looked in the side-door pockets of the Bronco. I believe we looked in the console, in between the seats, and we may have looked in the glove box.
I don't have any independent recollection of that.
You -- you looked in the side-door panels; you looked in the console and around the console I assume, correct?
Well, you wanted to make sure that -- that if you were looking for the credit slips -- correct?
Well, I -- I looked in -- I can only tell you where I did look. That was in the side-door pockets. We lifted up the -- or I think it was Bob Jones that may have lifted up the console lid. We looked in there and the other door pocket. And that was it.
(Continuing.) I don't quite understand what you're getting at. If you're asking me did I look down between the seats, press them apart, look down in there --
This was three years ago. I don't remember if I looked away. I was there when he opened it. I glanced, overlooked, and --
Now, Ms. Mulldorfer -- Detective Mulldorfer, did there come a time when you -- you, yourself, inspected the Bronco?
Answer: "Yes."
Does that refresh your recollection as to whether or not you inspected the Bronco, or that you used that term at the criminal trial?
It sounds like he used the word and I said yes. And if that's my testimony, then -- then I must have interpreted his question to mean did I look in the vehicle.
Well, okay.
He used that word, and it was my interpretation that he meant to look in the vehicle. It's not a word that I possibly would have chosen to describe my activities, but. . .
Okay.
Now, was there any problem with the lighting in the vehicle that day?
In other words, were you able to see adequately for your purposes?
Well, I don't remember that -- I don't believe I had to use a flashlight or anything. I don't really have any specific recollection about the lighting.
Is there any reason for you to believe that you would have undertaken your investigation and inspection without adequate lighting, Detective Mulldorfer --
Okay.
And again, you weren't wearing your glasses. Did that -- do you think that impaired your ability to see at all?
Well, it would have if I needed to look at a receipt.
And to be honest with you, I don't know that I wasn't wearing my glasses. I don't remember that. I may or may not have been. But the fact that it would have, had -- if I had to see something in detail, but certainly I think I would have been able to -- able to spot a paper receipt. I possibly would have put my glasses on to read the receipt.
You wouldn't have any trouble, for instance, spotting an object maybe that big from, like, inside the car?
The receipt would have been about that big, right? (Indicating.)
You might have had problems seeing the small print, the print on the object, without your glasses?
Having talked about this, now, for a couple of minutes, is your memory refreshed at all as to whether or not you were wearing your glasses?
Let me ask you something:
One of the reasons that you were investigating was to make sure that Viertels had the proper paperwork or documentation of when people went in and out of the Bronco, correct?
And you determined rather early on that they didn't have -- they did not keep a log, as they were supposed to, of individuals who came in and out of the Bronco; isn't that correct?
At the time, I believe the requirements were that they -- they keep a log of people who go in and remove things from the vehicle.
And they didn't have that in place at this time.
They didn't have any records of -- of any kind indicating who went in and out of the vehicle; isn't that right?
No, they -- but they're not required to indicate who -- at that time, they were not required to indicate anyone who had gone in and looked in the vehicle, or if they didn't remove anything from the vehicle -- remove any property from the vehicle. They were not required to log that in.
You know, I'd have to look at OPG rules. But I don't think that we would normally sustain a violation of that section if we went in there to remove biological evidence.
By the way, this requirement that a log be kept of people who go in and remove items, that would include police officers and criminalists, correct?
Again, I'd have to read the section again on that.
I don't -- it's my recollection that it talks about removing property for safekeeping or things like that. But on an evidentiary stored vehicle, I don't believe they were required to note what we took out of the vehicle, because a lot of times, we may not want that.
I mean, it's part of a criminal investigation. I don't think the OPG had any reason to know what we would remove in terms of evidence.
Now, this vehicle was being held under what was called special care requirements or provisions; is that right?
Special care is the -- I believe it's a box on our vehicle report form that lets the garage know that it's to be kept in a certain area, the evidentiary hold area, which is an area that's cordoned off inside; it's covered, so that the elements can't get to the vehicle.
Usually, it's used with vehicles that we're holding for some type of evidence, or prints, or part of a criminal investigation.
And as part of the requirements for special care, isn't it true that -- that there should -- that's one of the reasons there should be a log of people who go in and out of the vehicle; isn't that right, that when a vehicle is held under special care provisions; isn't that correct?
By the way, you didn't indicate anywhere in writing when you went in and out of the vehicle; isn't that right?
Okay.
I'd like to show you a photograph.
See if this refreshes your recollection.
MR. P. BAKER: Exhibit 1420.
This was a photograph taken on August 10.
By the way, when -- when -- before we start, when did you go -- when did you go over and inspect the vehicle, approximately?
It was shortly after I got the investigation on July 13, I believe. I would say within a week, probably.
Do you remember yesterday we had a chat out in the hallway, and I showed you something in your report which indicated that in your report, you had indicated as of 7/18 you had already been into the vehicle?
Do you remember that?
I remember the conversation. I don't think there was an indication in any report when I went in there.
Do you remember your report says that you, on your -- it was your first visit with Mr. Jones, that you went into the vehicle, correct?
(BY MR. LEONARD) And your second visit with Mr. Jones was on the 18th of July, correct?
You can look at your report.
Okay.
Take a look at that photograph. I want you to concentrate, in particular, on the sections of the console that you can see.
Your Honor, I'm going to object to the use of this unless we have some foundation where it was when it was taken.
(BY MR. LEONARD) Does that -- does that refresh your recollection in any way, whether or not there was blood in that vehicle when you saw it between July 10 and July 18?
MR. LEONARD: I want you to direct your attention again to the console area, and ask you: Does that refresh your recollection of whether or not there was blood on the console when you saw it between July 10 and July 18, 1994?
I didn't do anything. Showing a witness a picture with no foundation about when it was taken or where it was taken.
(BY MR. LEONARD) Now, does that refresh your recollection whether or not there was blood there?
Well, no, it doesn't.
But I must add that I didn't look in the console from the passenger's side.
Okay.
And do you think your vision was just focused entirely on the glove compartment and/or the pocket, and you had no occasion to look anywhere in the direction of the console; is that your testimony?
No, I'm not testifying -- I'm not saying that I didn't look in that direction.
I'm saying I don't recall whether I saw anything or not. I wasn't looking for that particular type of evidence; I was looking for receipts. And it would -- and it -- It didn't leave an impression on me whether or not I saw it.
I don't recall any more than I recall whether I had lunch that day. It was just not something that I remember.
Now, was -- were these two photographs ever pointed out to you at any time?
Did you -- were you ever asked to do any investigation of -- of these photographs and how blood apparently got on and off the Bronco?
No, there wasn't.
I wasn't looking for that particular type of evidence; I was looking for receipts. And it would -- and it -- It didn't leave an impression on me whether or not I saw it. I don't recall any more than I recall whether I had lunch that day.
It was my interpretation that he meant to look in the vehicle. It's not a word that I possibly would have chosen to describe my activities, but. . .
I've never seen these photographs.