Redirect examination of Kelly Mulldorfer

📄 Redirect examination of Kelly Mulldorfer — Thursday, December 12, 1996

Address:

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

TRIAL

▲ Day 31 of 57

◀ Cross-examination of Kelly Mulldorfer Recross-examination of Kelly Mulldorfer ▶

Witness: Det. Kelly Mulldorfer
Examiner: Peter Gelblum
Called by: Plaintiff • Date: Thursday, December 12, 1996 • Utterances: 14

Defense attorney Leonard pressed the witness on an apparent inconsistency: she remembers seeing fingerprint dust on the Bronco but not blood on the console. Judge Fujisaki rebuked Leonard for asking whether that was 'the way you want to leave it with the jury,' calling it 'uncalled for,' though the witness confirmed her testimony stood.

# 1 A:

I recall seeing the car had a bunch of gray smudges all over it, that I would assume was print dust.

I knew the car had been processed at the print shack. REDIRECT EXAMINATION BY MR. LEONARD:

KEY QUOTE

# 2 Q:

Let me get this right.

You don't remember whether you saw blood, but you remember there was gray smudges indicative of fingerprint patterns; is that your testimony?

# 3 MR. GELBLUM:

Argumentative.

# 4 THE COURT:

Overruled.

# 5 Q:

(BY MR. LEONARD) That's your testimony?

# 6 A:

Could you restate the question, please.

# 7 Q:

Yeah.

You remember now that there was fingerprint dust on the outside of this vehicle, but you don't remember whether there was blood or not on the console. Is that the way you want to leave it with the jury?

KEY QUOTE

# 8 MR. GELBLUM:

Argumentative.

# 9 Q:

(BY MR. LEONARD) Is that your testimony?

# 10 THE COURT:

Just a minute. That's uncalled for.

KEY QUOTE

# 11 Q:

(BY MR. LEONARD) Is that your testimony?

# 12 A:

Yes.

# 13 MR. GELBLUM:

Objection.

# 14 MR. LEONARD:

Thank you.

RECROSS-EXAMINATION BY MR. GELBLUM:

Temperature

tense

Key Quotes (3)

Kelly Mulldorfer

I recall seeing the car had a bunch of gray smudges all over it, that I would assume was print dust.

Establishes the witness's selective memory — fingerprint processing is vivid but blood is not.

Dan Leonard

You remember now that there was fingerprint dust on the outside of this vehicle, but you don't remember whether there was blood or not on the console. Is that the way you want to leave it with the jury?

Leonard editorializes beyond questioning, drawing a judicial rebuke for the 'leave it with the jury' framing.

Hiroshi Fujisaki

Just a minute. That's uncalled for.

Direct admonishment of defense counsel mid-examination for improper argument embedded in a question.

Evidence (1)

Informal

The Bronco, examined for fingerprint dust and blood on the console

discussed

Notable Exchanges (1)

Dan Leonard•Hiroshi Fujisaki

Leonard asks whether the witness wants to 'leave it with the jury' that way — Fujisaki intervenes with a sharp rebuke before Leonard repeats the substantive question.

heated

Credibility Attacks (1)

⚔ Kelly Mulldorfer

prior inconsistent statement / selective memory

Leonard highlights the incongruity of the witness recalling fingerprint dust with specificity while claiming no memory of blood on the console.

Objections

3 objections (1 sustained, 1 overruled)

Proceeding 8635 • 14 utterances • Plaintiff witness

Civil Trial

Department 103