Barry Scheck called Detective Kelly Mulldorfer, an LAPD detective from the commission investigation division, to testify about her 1994 investigation of Viertel's official police garage. She testified that the garage failed to maintain required access logs for OJ Simpson's Bronco during a critical period, and that no records existed of who entered the vehicle between when it was impounded and August 29, 1994 — including an unrecorded July 6th visit by criminalist Dennis Fung.
# 1 MR. SCHECK: Defense calls Detective Mulldorfer.
Kelly Mulldorfer, called as a witness by the Defendant, was sworn and testified as follows:
# 2 THE CLERK: Raise your right hand, please. 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?
# 3 DET. MULLDORFER: Yes.
# 4 THE CLERK: Please be seated on the witness stand and state and spell your first and last names for the record.
# 5 DET. MULLDORFER: My name is Kelly Mulldorfer, that's K-E-L-L-Y M-U-L-L-D-O-R-F-E-R.
# 6 THE CLERK: Thank you.
# 7 THE COURT: Mr. Scheck.
DIRECT EXAMINATION BY MR. SCHECK
# 8 MR. SCHECK: Detective Mulldorfer, what is your present position?
# 9 DET. MULLDORFER: I'm a detective for the Los Angeles Police Department.
# 10 MR. SCHECK: And where are you assigned now?
# 11 DET. MULLDORFER: I'm currently assigned to legal affairs division.
# 12 MR. SCHECK: And in July of 1994, what was your assignment?
# 13 DET. MULLDORFER: I was assigned to commission investigation division, enforcement section.
# 14 MR. SCHECK: And is that the--what's known as the LA police commission?
# 15 DET. MULLDORFER: Yes. It's part of the police commission.
# 16 MR. SCHECK: And as part of your assignment at the LA police commission in July of 1994, did you have any jurisdictions over what are known as OPG, official police garages?
# 17 DET. MULLDORFER: Yes.
# 18 MR. SCHECK: And were you assigned to conduct an investigation of--at the Viertel's garage in July of 1994?
# 19 DET. MULLDORFER: Yes.
# 20 MR. SCHECK: July 13th in particular?
# 21 DET. MULLDORFER: July 13th.
# 22 MR. SCHECK: And this investigation embraced the violation of OPG rules concerning storage of vehicles?
# 23 DET. MULLDORFER: That was part of the investigation, yes.
# 24 MR. SCHECK: And the other part of the investigation concerned an allegation of theft against Mr. Meraz?
# 25 MR. DARDEN: Objection. This is leading.
# 26 DET. MULLDORFER: Yes.
# 27 THE COURT: Overruled. It's foundational.
# 28 MR. SCHECK: Now, are there rules, official rules governing how official police garages are supposed to store vehicles?
# 29 DET. MULLDORFER: Yes, there are.
# 31 MR. SCHECK: Your Honor, I would like to put on the elmo Defense 1253, the impound form.
# 32 THE COURT: Yes. Do you have a copy of that for Detective Mulldorfer?
# 33 MR. SCHECK: I think she has one with her.
# 34 THE COURT: Do you recognize the document?
# 35 DET. MULLDORFER: Yes.
# 36 THE COURT: All right. Mr. Scheck.
# 37 MR. SCHECK: Now, I'd like to go up to the upper left-hand corner to the box which is entitled "Give special care." Now, that box entitled "Give special care," what's the significance of that box, detective?
# 38 DET. MULLDORFER: That box is generally marked with an "X" or a checkmark to let the garage know that it's supposed to be handled differently than the other cars.
# 39 MR. SCHECK: All right. And is the term "Hold" the one that's used, hold for different purposes?
# 40 DET. MULLDORFER: Well, a hold can be placed on a vehicle without it being an evidentiary hold.
# 41 MR. SCHECK: All right. And the significance of an evidentiary hold is what for purposes of subsequent action by the police department?
# 42 DET. MULLDORFER: A vehicle that's held for evidence or given an evidentiary hold is placed into a--the evidentiary hold area of the official police garage that they're required to maintain.
# 43 MR. SCHECK: All right. And is that because there are certain restrictions that are supposed to be placed on anyone going into that vehicle--
# 44 MR. DARDEN: This is leading, your Honor. Objection.
# 46 MR. SCHECK: Are there restrictions that are supposed to be placed by the official police garage on access to the vehicle if that box is checked off, to give special care?
# 47 MR. DARDEN: Same objection.
# 48 THE COURT: Overruled.
# 49 DET. MULLDORFER: You--I'm sorry. Could you ask that again?
# 50 MR. SCHECK: Sure. Is there--are there restrictions, are there rules that an official police garage is supposed to follow if the "Special care" box is checked off?
# 51 DET. MULLDORFER: Yes.
# 52 MR. SCHECK: And what are those rules?
# 53 DET. MULLDORFER: One rule is that it has to be placed into an area cornered off from the other area. It has to be a covered--covered area free from rain and wind and snow and things that might interfere with whatever evidence is in the car, on the car like prints or something.
# 54 MR. SCHECK: And that would include blood within the car?
# 55 DET. MULLDORFER: Yes.
# 56 MR. SCHECK: That would include trace evidence within the car?
# 57 DET. MULLDORFER: Yes.
# 58 MR. SCHECK: What about access by people? What are the rules with respect to access by people if the "Give special care" box is checked?
# 59 DET. MULLDORFER: It limits the access to the--to police and scientific investigation of the tow--the people that work at the tow yard should not enter that area or touch the vehicle in any way.
# 60 MR. SCHECK: What about going inside the vehicle?
# 61 DET. MULLDORFER: No. Not unless they're directed by LAPD personnel to do so.
# 62 MR. SCHECK: In terms of who goes--who is allowed into a vehicle if it's being held for evidentiary purposes, is there some kind of rules that are supposed to be followed with respect to making records of who can go in and out?
# 63 DET. MULLDORFER: They're supposed to maintain a log of people that go into the vehicle and remove property or remove something from the vehicle. There should be a notation either on the--either on a log that they have generated themselves or on the records for the vehicle. They have a--each vehicle has a card, and they also make notations on that card so they can go to it and see what went on with that vehicle.
# 64 MR. SCHECK: All right. So either through the card or through a log, there's supposed to be some paperwork indicating who went into a vehicle that is being held for possible evidentiary purposes when the "Give special care" box is checked?
# 65 DET. MULLDORFER: Yes.
# 66 MR. SCHECK: All right. Now, when you were assigned the investigation of Viertel's, did you attempt to ascertain how many people had been in and out of Mr. Simpson's Bronco?
# 67 DET. MULLDORFER: Yes.
# 68 MR. SCHECK: Did you attempt to ascertain whether or not any records had been kept?
# 69 DET. MULLDORFER: Yes.
# 70 MR. SCHECK: Did you attempt to ascertain whether Viertel's had a system in place which they could have used to record who went in and out of the Bronco?
# 71 DET. MULLDORFER: Yes.
# 72 MR. SCHECK: Did Viertel's have such a system?
# 73 DET. MULLDORFER: No.
# 74 MR. SCHECK: No. In your report, did you indicate that they did have such a system?
# 75 MR. DARDEN: Objection.
# 76 THE COURT: Overruled. Go ahead.
# 77 DET. MULLDORFER: They--they--they had the system by virtue of the ability to do it. In other words, they could have put that notation on the card. They could have--they do have a log that they keep for people that go into any vehicle and remove property. They didn't make any of those notations regarding this vehicle.
# 78 MR. SCHECK: And in the course of your investigation, did you ascertain for the first time when a log began to be kept as to who would be going in and out of the Bronco?
# 79 DET. MULLDORFER: On August 29th, 1994, they began a more accurate log.
KEY QUOTE # 80 MR. SCHECK: Well, prior to August 24th you said, was there any log--
# 81 DET. MULLDORFER: 29th. August 29th.
# 82 MR. SCHECK: August 29th? Was there any log about who went in and out of that Bronco?
# 83 DET. MULLDORFER: I was told that there was not.
# 84 MR. SCHECK: Now, did you have a conversation--who is Bob Jones?
# 85 DET. MULLDORFER: He's a general manager of Viertel's.
# 86 MR. SCHECK: All right. And without telling us what he said, did you have a conversation with him about the number of people--
# 87 MR. DARDEN: Objection. Hearsay.
# 88 THE COURT: Overruled.
# 89 MR. SCHECK: --that might have gone in and out of the Bronco?
# 90 DET. MULLDORFER: Yes.
# 91 MR. SCHECK: Based on his investigation?
# 92 DET. MULLDORFER: Yes.
# 93 MR. SCHECK: And did you attempt to ascertain how many people had gone in and out of the Bronco?
# 94 DET. MULLDORFER: Yes.
# 95 MR. SCHECK: And who else did you talk to besides Mr. Jones?
# 96 DET. MULLDORFER: About who had gone in and out of the vehicle?
# 98 DET. MULLDORFER: I spoke to Detective Vannatter.
# 99 MR. SCHECK: All right. And did there come a time when you conducted an interview with Dennis Fung about the Bronco?
# 100 DET. MULLDORFER: Yes.
# 101 MR. SCHECK: And did Mr. Fung tell you that he had gone to the Bronco on July 6th?
# 102 DET. MULLDORFER: Yes.
# 103 MR. SCHECK: And did you ascertain that there was no record of Mr. Fung going to the Bronco on July 6th?
# 104 DET. MULLDORFER: Viertel's didn't have a record of that.
# 105 MR. SCHECK: Uh-huh. And did Mr. Fung tell you that the reason he went to the Bronco on July 6th was to refresh his memory for Court?
# 106 DET. MULLDORFER: Yes. I believe so.
# 107 MR. SCHECK: He didn't tell you that he had been sent by Miss Clark--
# 108 MR. DARDEN: Objection. Calls for hearsay.
# 109 THE COURT: Sustained.
# 110 MR. SCHECK: All right. Did Mr. Fung tell you--
# 111 MR. DARDEN: Same objection.
# 112 MR. SCHECK: Different question.
# 113 MR. DARDEN: And it's leading, your Honor.
# 114 MR. SCHECK: Your Honor--
# 115 THE COURT: Let's hear the question.
# 116 MR. SCHECK: Did Mr. Fung tell you that he did not remove anything from the Bronco, not a bloodstain or anything?
# 117 MR. DARDEN: Objection.
# 118 THE COURT: Overruled.
# 119 DET. MULLDORFER: He said he didn't remove anything that day.
KEY QUOTE # 120 MR. SCHECK: Now, Miss Mulldor--Detective Mulldorfer, did there come a time when you yourself inspected the Bronco?
# 121 DET. MULLDORFER: Yes.
# 122 MR. SCHECK: And who were you with?
# 123 DET. MULLDORFER: I was with Mr. Jones.
# 124 MR. SCHECK: And do you recall which day this was?
# 125 DET. MULLDORFER: No, I don't.
# 126 MR. SCHECK: But it would be sometime in the month of July?
# 127 DET. MULLDORFER: It was sometime between the time that I got the investigation, which would have been July 13th, and when they began their log.
# 128 MR. SCHECK: All right. And when you went into the Bronco, did you inspect the side-pocket panels on both the driver's side and the passenger side?
# 129 DET. MULLDORFER: I looked into the side-door panel, yes.
# 130 MR. SCHECK: On the driver's side?
# 131 DET. MULLDORFER: Both sides.
# 132 MR. SCHECK: Both sides. And did you look in the direction and see the console?
# 133 DET. MULLDORFER: Yes.
# 134 MR. SCHECK: All right. And when you looked at the console, do you remember seeing any blood there?
# 135 DET. MULLDORFER: I wasn't looking for that, so I wouldn't--I don't recall if I did and I don't recall if I didn't.
# 136 MR. SCHECK: Well, when you looked at the console, do you remember seeing any blood there?
# 137 MR. DARDEN: Objection. Asked and answered.
# 138 THE COURT: Overruled.
# 139 DET. MULLDORFER: No. I don't have any specific recollection.
KEY QUOTE # 140 MR. SCHECK: I have nothing further.