Christopher Darden cross-examines Detective Mulldorfer to neutralize her direct testimony about the Bronco's storage at Viertel's impound lot. Darden methodically establishes that her investigation was narrowly focused on an employee theft of paper documents by a worker named Meraz, and that she never asked Dennis Fung anything about biological evidence or testing. He closes by getting her to confirm the Bronco was in fact properly stored per OPG 'Special handling' rules — turning her testimony into a wash for the defense.
# 1 THE COURT: Mr. Darden.
CROSS-EXAMINATION BY MR. DARDEN
# 2 MR. DARDEN: Detective, are you telling us that there was no blood on the console?
# 4 MR. DARDEN: You weren't investigating the issue of whether or not there was blood on the console; is that correct?
# 5 DET. MULLDORFER: That was not the focus of my investigation.
# 6 MR. DARDEN: The focus of your investigation was Mr. Meraz, correct?
# 7 DET. MULLDORFER: Yes.
# 8 MR. DARDEN: You had learned that he had stolen some items from the Defendant's vehicle, correct?
# 9 DET. MULLDORFER: Yes.
# 10 MR. DARDEN: And the items that you learned about were credit receipts; is that right?
# 11 DET. MULLDORFER: Yes.
# 12 MR. DARDEN: Your investigation was focusing on the theft of items of paper?
# 13 DET. MULLDORFER: Yes.
# 14 MR. DARDEN: Your investigation wasn't focused on biological evidence, was it?
# 15 DET. MULLDORFER: No.
# 16 MR. DARDEN: You weren't investigating the issue of whether or not Dennis Fung tested the Bronco on July 6th for blood or bloodstains?
# 17 DET. MULLDORFER: No.
# 18 MR. DARDEN: As a matter of fact, you never asked him if he conducted a presumptive test for blood on the Bronco on July 6th, did you?
# 19 DET. MULLDORFER: No, I never did.
# 20 MR. DARDEN: You didn't ask Dennis Fung anything, anything at all about any biological tests he may have performed on the Bronco on July 6th, correct?
# 21 DET. MULLDORFER: Correct.
# 22 MR. DARDEN: Did you tell Dennis Fung what the focus of your investigation was?
# 23 DET. MULLDORFER: Yes, I did.
# 24 MR. DARDEN: And you told him it was about the theft of paper?
# 25 DET. MULLDORFER: I asked him specifically about the receipts.
# 26 MR. DARDEN: And when you asked him if he had taken anything from the Bronco, you were asking him if he had taken any documents; is that right?
# 27 DET. MULLDORFER: Yes.
# 28 MR. SCHECK: Objection. Assumes facts not in evidence, what she told him.
# 29 THE COURT: Overruled.
# 30 MR. DARDEN: And that was the entire focus of your conversation with him; is that right?
# 31 DET. MULLDORFER: Yes.
# 32 MR. DARDEN: And was that interview conducted over the telephone?
# 33 DET. MULLDORFER: Yes, it was.
# 34 MR. DARDEN: Did you call him?
# 35 DET. MULLDORFER: Yes, I did.
# 36 MR. DARDEN: Did you know Dennis Fung prior to that--
# 37 DET. MULLDORFER: No.
# 38 MR. DARDEN: And you identified yourself as a police officer?
# 39 DET. MULLDORFER: Yes.
# 40 MR. DARDEN: And he had to take your word for that, didn't he?
# 41 DET. MULLDORFER: Yes.
# 42 MR. DARDEN: You could have been a reporter for all he knew, right?
KEY QUOTE # 43 DET. MULLDORFER: That's possible.
# 44 MR. DARDEN: You don't know whether or not Dennis Fung was holding back on the information that he had, do you?
# 45 MR. SCHECK: Objection. Move to strike.
# 46 THE COURT: Sustained.
# 47 MR. DARDEN: Did you attempt to ascertain whether or not Mr. Fung had been in the Bronco on June 14?
# 48 DET. MULLDORFER: June 14th?
# 50 DET. MULLDORFER: No. I never asked--I don't believe I asked him about that.
# 51 MR. DARDEN: Okay. Your investigation focused on what happened to the Bronco after it arrived at Viertel's, correct?
# 52 DET. MULLDORFER: Yes.
# 53 MR. DARDEN: Okay. It didn't focus on anything having to do with the Bronco and what may have been done with it while it was at the print shed, right?
# 54 DET. MULLDORFER: Yes. I specifically didn't touch on that area.
KEY QUOTE # 55 MR. DARDEN: During your investigation, did you speak to Mr. Meraz?
# 56 DET. MULLDORFER: Yes.
# 57 MR. DARDEN: Your investigation didn't reveal any breach in security at the print shed?
# 58 DET. MULLDORFER: No.
# 59 MR. DARDEN: OPG rules require a special--that vehicles marked "Special handling" be kept in a certain area at Viertel's; is that correct?
# 60 DET. MULLDORFER: That's correct.
# 61 MR. DARDEN: And the area has to be cornered off?
# 62 DET. MULLDORFER: Yes.
# 63 MR. DARDEN: And the area has to be covered?
# 64 DET. MULLDORFER: Yes.
# 65 MR. DARDEN: And free from rain and wind and snow?
# 66 DET. MULLDORFER: Yes.
# 67 MR. DARDEN: What date was that you recall you saw the Bronco at Viertel's?
# 68 DET. MULLDORFER: I don't recall. It was very early in my investigation.
# 69 MR. DARDEN: But you saw the vehicle inside a structure; is that right?
# 70 DET. MULLDORFER: Yes.
# 71 MR. DARDEN: And that structure was covered, wasn't it?
# 72 DET. MULLDORFER: Yes.
# 73 MR. DARDEN: That structure was cornered off?
# 74 DET. MULLDORFER: Yes, it was.
# 75 MR. DARDEN: That structure was free from rain?
# 76 DET. MULLDORFER: Yes.
# 77 MR. DARDEN: And wind?
# 78 DET. MULLDORFER: Yes.
# 79 MR. DARDEN: And snow?
# 80 DET. MULLDORFER: Yes.
# 81 MR. DARDEN: That vehicle was being kept in a secured area; is that correct?
# 82 DET. MULLDORFER: Fairly secure.
# 83 MR. DARDEN: Well, it was secure from the public, correct?
# 84 DET. MULLDORFER: Yes, it was.
# 85 MR. DARDEN: Now, Mr. Meraz was an employee of Viertel's; is that right?
# 86 DET. MULLDORFER: Yes.
# 87 MR. DARDEN: And so what we're really talking about here is an issue of employee theft, aren't we?
KEY QUOTE # 88 DET. MULLDORFER: Yes.
# 89 MR. DARDEN: There is no OPG rule that would preclude Mr. Meraz from being inside that structure, is there?
# 90 DET. MULLDORFER: No.
# 91 MR. DARDEN: And when you saw the Bronco inside that shed, was it roped off?
# 92 DET. MULLDORFER: Yes, it was.
# 93 MR. DARDEN: When you looked inside the Bronco, you weren't looking for blood?
# 94 DET. MULLDORFER: No.
# 95 MR. DARDEN: You weren't looking for evidence that might connect the Defendant to a murder?
# 96 DET. MULLDORFER: No.
# 97 MR. DARDEN: You were only looking to see if the credit slips that you had heard about were inside the Bronco, right?
# 98 DET. MULLDORFER: That's correct.
# 99 MR. DARDEN: And that was it?
# 100 DET. MULLDORFER: That's it.
# 101 MR. DARDEN: Now, you've told us that the impound form is not marked "Special handling," correct?
# 102 DET. MULLDORFER: Correct.
# 103 MR. DARDEN: If that vehicle had been delivered to Viertel's on the--had the vehicle been delivered to Viertel's and then placed in that secure area within an hour of its arrival at Viertel's, would that be in conformance with OPG rules?
# 104 DET. MULLDORFER: Well, they have--they can place it there themselves or the--or a phone call can have the vehicle placed there.
# 105 MR. DARDEN: The main thing is that it was stored there; is that correct?
# 106 DET. MULLDORFER: Yes.
# 107 MR. DARDEN: And it was stored there?
# 108 DET. MULLDORFER: Yes.
# 109 MR. DARDEN: Thank you. That's all.