Cross-examination of Mark Storfer (part 1)

📄 Cross-examination of Mark Storfer (part 1) — Monday, March 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\6\CROSS-EXAMINATION-OF-MARK-STOR.DOC

TRIAL

▲ Day 31 of 167

◀ Direct examination of Mark Storfer Sidebar: F.I. card ▶

Witness: Mark Storfer
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Monday, March 6, 1995 • Utterances: 136

Cochran cross-examines neighbor Mark Storfer, who testified he heard a dog barking near the Bundy crime scene. Cochran focuses on undermining the reliability of Storfer's 10:28 PM clock reading (a TV set since April 1994 and not reset since) and establishing that Storfer saw nothing — no people, no cars, no sounds other than the dog — between 10:28 PM and 12:15 AM when police had already arrived. The examination ends with a bench conference after Storfer reveals a police officer jotted notes on a 'little blue menu card.'

# 1

CROSS-EXAMINATION

# 2

BY MR. COCHRAN:

# 3 Q:

GOOD MORNING, MR. STORFER.

# 4 A:

GOOD MORNING.

# 5 Q:

AS I UNDERSTAND YOUR TESTIMONY, YOU ARE TELLING US THAT THERE WERE A NUMBER OF POLICE CARS OUT THERE ABOUT 12:15 IN THE EARLY MORNING HOURS OF JUNE 13, 1994?

# 6 A:

MORE THAN ONE, YES.

# 7 Q:

BY A NUMBER, WHAT NUMBER? GIVE US THE TOTAL NUMBER.

# 8 A:

I REMEMBER SEEING ONE ON BUNDY, JUST BEYOND THE YELLOW TAPE. I SAW ONE ON DOROTHY PARKED JUST OPPOSITE OUR HOUSE, AND I BELIEVE I SAW ONE IN THE ALLEY FACING OUR HOUSE.

# 9 Q:

SO YOU SAW AT LEAST THREE POLICE CARS THERE BY 12:15, IS THAT WHAT YOU ARE SAYING?

# 10 A:

THAT IS WHAT I'M SAYING, YES.

# 11 Q:

AS I UNDERSTAND YOUR TESTIMONY, THE FIRST TIME YOU LOOKED AT THE CLOCK IN REFERENCE TO THIS DOG BARKING, THE CLOCK ON YOUR T.V. SAID 10:28 P.M.; IS THAT CORRECT, SIR?

# 12 A:

YES, IT IS.

# 13 Q:

AND WITH REGARD TO THIS PARTICULAR CLOCK, WHEN HAD YOU LAST SET THAT CLOCK, IF EVER?

# 14 A:

UMM, PROBABLY NOT IN A LONG WHILE.

KEY QUOTE

# 15 Q:

SO HOW LONG DID YOU HAVE THAT T.V.?

# 16 A:

OH, SIX, EIGHT YEARS.

# 17 Q:

AND WOULD YOU SAY YOU HAD NOT SET IT DURING THAT PERIOD OF TIME?

# 18 A:

OH, NO, I HAD SET IT IN THAT PERIOD OF TIME.

# 19 Q:

YOU JUST HAVE NO IDEA WHEN IT WAS BEFORE JUNE 12, 1994, THAT YOU HAD LAST SET IT?

# 20 A:

WELL, I HAD SET IT ONE TIME WHEN WE MOVED TO THAT LOCATION IN APRIL, BECAUSE THE POWER CAME OUT, SO I HAD TO RESET IT IN APRIL.

# 21 Q:

APRIL OF WHAT YEAR?

# 22 A:

SAME YEAR, 1994; THAT'S CORRECT.

# 23 Q:

HAD YOU SET IT AFTER THAT?

# 24 A:

NOT TO MY RECOLLECTION.

# 25 Q:

DO YOU KNOW IF YOUR WIFE HAD SET IT AT ALL AFTER THAT?

# 26 A:

NOT TO MY KNOWLEDGE.

# 27 Q:

ALL RIGHT. DID YOU DISCUSS THAT WITH HER AT ALL?

# 28 A:

NO, I HAVE NOT.

# 29 Q:

ALL RIGHT. YOU HAVE NOT TALKED TO HER ABOUT THAT? BUT YOU CAN TELL US THE LAST TIME YOU SET IT WAS IN APRIL OF 1994; IS THAT CORRECT?

# 30 A:

THAT'S THE LAST TIME I REMEMBER SETTING IT, CORRECT.

# 31 Q:

THAT YOU CAN TELL US ABOUT?

# 32 A:

YES.

# 33 Q:

ALL RIGHT. AND AT THAT TIME WHEN YOU SAW IT THIS EVENING IT SAID 10:28 P.M. OR THEREABOUTS, RIGHT?

# 34 A:

THAT'S CORRECT.

# 35 Q:

ALL RIGHT. NOW, FROM YOUR LOCATION -- AND SO THAT IT IS CLEAR FROM THE RECORD, THIS DIAGRAM THAT WAS PLACED ON THE BOARD HERE, WHICH WE WILL REFER TO AS PEOPLE'S NUMBER --

# 36 MS. CLARK:

26.

# 37 Q:

BY MR. COCHRAN: -- 26 FOR IDENTIFICATION, THE HOUSE IS LABELED "MARK STORFER" IS IN THE WRONG LOCATION ON THIS DIAGRAM; IS THAT CORRECT?

# 38 A:

THAT'S CORRECT.

# 39 Q:

YOU ARE MOREOVER ON THIS CORNER. YOU ARE ON THE SOUTHWEST CORNER?

# 40 A:

THAT'S CORRECT.

# 41 Q:

DOROTHY AND BUNDY? AND FROM YOUR WINDOW, DO YOU HAVE A WINDOW THAT FACES -- YOU CAN LOOK DOWN THE ALLEY; IS THAT CORRECT?

# 42 A:

THAT'S CORRECT.

# 43 Q:

AND AT SOME POINT THAT EVENING YOU LOOKED DOWN THIS ALLEY, THE ALLEY THAT RUNS PARALLEL TO BUNDY AND INTERSECTS HERE WITH DOROTHY; IS THAT CORRECT?

# 44 A:

THAT'S CORRECT. I CAN ONLY SEE TO THE NORTH ON THE ALLEY.

# 45 Q:

YOU CAN SEE NORTH, LOOKING UP THE ALLEY NORTH; IS THAT RIGHT?

# 46 A:

RIGHT.

# 47 Q:

ABOUT WHAT TIME WAS IT THAT YOU FIRST LOOKED UP THAT ALLEY, SIR?

# 48 A:

APPROXIMATELY 10:28.

# 49 Q:

ALL RIGHT. AND THIS IS ABOUT THE TIME THAT YOU FIRST BECAME AWARE OF THE TIME THAT APPEARED ON YOUR TELEVISION; IS THAT CORRECT?

# 50 A:

THAT'S CORRECT.

# 51 Q:

AND WHEN YOU LOOKED UP THAT ALLEY, DID YOU SEE ANY VEHICLES OR ANY CARS?

# 52 A:

NO, I DID NOT.

# 53 Q:

DID YOU SEE ANY PERSONS AT ALL, ANY PEOPLE WALKING?

# 54 A:

NO, I DID NOT.

# 55 Q:

WHAT DID YOU SEE, IF ANYTHING?

# 56 A:

I DIDN'T SEE ANYTHING.

# 57 Q:

YOU SAW -- JUST LOOKED UP THE ALLEY AND SAW BASICALLY NOTHING?

# 58 A:

EMPTY ALLEY, ASPHALT.

KEY QUOTE

# 59 Q:

DIDN'T SEE ANY CARS, DIDN'T SEE ANY PEOPLE; IS THAT RIGHT?

# 60 A:

THAT'S CORRECT.

# 61 Q:

OKAY. THIS WAS AT ABOUT 10:28, ACCORDING TO YOUR CLOCK?

# 62 A:

ACCORDING TO THE CLOCK; THAT'S CORRECT.

# 63 Q:

NOW, FROM ANOTHER WINDOW OF YOUR RESIDENCE WERE YOU ABLE TO SEE NORTH ON BUNDY AT ALL?

# 64 A:

THERE ARE OTHER WINDOWS I COULD SEE NORTH ON BUNDY, BUT I DID NOT LOOK OUT THOSE WINDOWS.

# 65 Q:

YOU DIDN'T LOOK OUT THOSE WINDOWS?

# 66 A:

THAT'S CORRECT.

# 67 Q:

SO AS I UNDERSTAND YOUR TESTIMONY THAT EVENING, YOU NEVER SAW ANY PEOPLE TALKING DOWN BUNDY IN A SOUTHERLY DIRECTION TOWARD DOROTHY FROM NORTH TO SOUTH? YOU NEVER SAW THAT?

# 68 A:

NOT BETWEEN 10:28 AND 12:15, CORRECT.

# 69 Q:

ALL RIGHT. DURING THE TIME THAT YOU LOOKED.

NOW, BETWEEN 10:28 AND 12:15, HOW MANY TIMES DID YOU LOOK OUT THE WINDOW?

# 70 A:

I THINK MAYBE A COUPLE OF TIMES.

# 71 Q:

THAT MEANS TWO?

# 72 A:

YES.

# 73 Q:

ALL RIGHT. AND DURING ONE OF THOSE TIMES YOU LOOKED UP THE ALLEY; IS THAT RIGHT?

# 74 A:

THAT'S CORRECT.

# 75 Q:

ANSWER OUT LOUD SO SHE CAN TAKE IT DOWN. SO ONE OF THE TIMES YOU LOOKED NORTH UP THE ALLEY, RIGHT?

# 76 A:

THAT'S CORRECT.

# 77 Q:

YOU SAW NOTHING DURING ONE OF THOSE TIMES. ANOTHER TIME DID YOU LOOK UP THE ALLEY OR DID YOU LOOK UP BUNDY OR BOTH?

# 78 A:

I DON'T THINK I LOOKED UP THE ALLEY. IT WAS PROBABLY ON DOROTHY AND MAYBE THE BEGINNING PART OF BUNDY.

# 79 Q:

OKAY. AND SO YOU NEVER -- DID YOU EVER SEE A LADY AND A MAN WALKING DOWN BUNDY ON THE WEST SIDE OF BUNDY ANY TIME AROUND 10:28 OR THEREAFTER?

# 80 A:

NO, I DID NOT.

# 81 Q:

DID YOU EVER HEAR ANY SOUNDS COMING FROM NORTH OF BUNDY? DID YOU EVER HEAR ANY SCREAM OR ANYTHING OF THAT NATURE?

# 82 A:

JUST THE DOG BARK.

# 83 Q:

DID YOU EVER HEAR ANY SCREAMS, FIRST OF ALL?

# 84 A:

NO, I DID NOT.

# 85 Q:

DID YOU EVER HEAR ANYBODY YELL, "HEY, HEY, HEY" AT ALL THAT NIGHT?

# 86 A:

NO, I DID NOT.

# 87 Q:

SO YOU NEVER HEARD ANY SOUND AT ALL THAT NIGHT BETWEEN 10:28 AND 12:15?

# 88 A:

NOT BESIDES THE DOG BARKING.

KEY QUOTE

# 89 Q:

I'M TALKING ABOUT HUMAN BEINGS NOW.

# 90 A:

NO HUMAN BEING SOUNDS.

# 91 Q:

YOU NEVER SAW ANY HUMAN BEINGS, RIGHT?

# 92 A:

THAT'S CORRECT.

# 93 Q:

OKAY. BUT YOU HEARD THIS DOG BARK; IS THAT RIGHT?

# 94 A:

YES.

# 95 Q:

AND IT IS YOUR TESTIMONY THAT AT 12:15 WHEN YOU LOOKED OUTSIDE THE DOG WAS TIED TO A POST OR SOMETHING OUTSIDE?

# 96 A:

THAT'S CORRECT.

# 97 Q:

YOU ARE SURE ABOUT THAT, RIGHT?

# 98 A:

YUP.

# 99 Q:

OKAY. STEP DOWN FOR US AND SHOW US WHERE THIS DOG WAS TIED UP AT 12:15 A.M. ON JUNE 12.

# 100 A:

RIGHT HERE ON THE NORTHEAST CORNER.

# 101 MR. COCHRAN:

YOUR HONOR, CAN WE GET THAT MARKED SOME WAY? I WOULD LIKE TO MARK WHERE HE HAS THAT IN SOME FASHION.

# 102 MS. CLARK:

SPEAKS FOR ITSELF, YOUR HONOR, THE NORTHEAST CORNER OF DOROTHY AND BUNDY.

# 103 MR. COCHRAN:

I WOULD LIKE TO HAVE IT MARKED UP THERE, PLEASE.

# 104 THE COURT:

IT IS THE PROSECUTION'S EXHIBIT AT THIS POINT. DO YOU HAVE SOMETHING SIMILAR THAT YOU CAN USE?

# 105 MR. COCHRAN:

NO, YOUR HONOR, BUT IT IS GOING TO BE AN EXHIBIT FOR THE COURT AND FOR THE RECORD THE JURY, IT SEEMS TO ME. I WANT TO BE ABLE TO PRESERVE IT LATER ON.

# 106 MS. CLARK:

THE TESTIMONY SAYS IT.

# 107 THE COURT:

HE HAS JUST POINTED TO IT IN FRONT OF THE JURY, SO I ASSUME THAT THEY CAN RECALL THAT.

# 108 MR. COCHRAN:

VERY WELL.

# 109 Q:

SO THE NORTHEAST CORNER OF DOROTHY AND BUNDY ON PEOPLE'S 28 FOR IDENTIFICATION IS WHERE YOU SAW THIS DOG TIED; IS THAT CORRECT?

# 110 A:

YES.

# 111 Q:

YOU COULD SEE THE DOG FROM YOUR WINDOW?

# 112 A:

YES, I COULD.

# 113 Q:

DID YOU LOOK OUT THE WINDOW AT 12:15 AND SEE THE DOG THERE?

# 114 A:

THAT'S CORRECT.

# 115 Q:

AT THAT TIME WAS THE DOG BARKING AT THAT POINT?

# 116 A:

YES, HE WAS OR IT.

# 117 Q:

I'M SORRY?

# 118 A:

IT; IT WAS.

# 119 Q:

IT WAS. DID YOU EVER HEAR ANY MORE THAN ONE DOG BARKING THAT NIGHT?

# 120 A:

NO, I DID NOT.

# 121 Q:

AND WAS THAT THE FIRST TIME THAT YOU SAW A DOG THAT NIGHT AT ABOUT 12:15?

# 122 A:

YES, IT WAS.

# 123 Q:

THAT WAS RIGHT ABOUT THE SAME TIME THAT YOU WOULD HAVE SEEN THESE THREE POLICE CARS THAT YOU DESCRIBED FOR US; IS THAT CORRECT?

# 124 A:

THAT'S CORRECT.

# 125 Q:

DID YOU AT THAT POINT, AROUND 12:15, TALK TO ANY POLICE OFFICERS AT THAT POINT?

# 126 A:

NOT AT THAT TIME, NO.

# 127 Q:

YOU DID AT SOME LATER TIME TALK TO SOME POLICE OFFICERS?

# 128 A:

THAT'S CORRECT.

# 129 Q:

ALL RIGHT. AND DID THEY WRITE A REPORT OUT AT ALL WHEN THEY TALKED TO YOU THAT EVENING?

# 130 MS. CLARK:

OBJECTION, CALLS FOR SPECULATION.

# 131 MR. COCHRAN:

I'M ASKING.

# 132 THE COURT:

OVERRULED.

# 133 Q:

BY MR. COCHRAN: DID THE POLICE WRITE A REPORT UP?

# 134 A:

THE OFFICER HAD A LITTLE BLUE MENU CARD AND I SAW HIM JOT A FEW THINGS DOWN ON THERE.

KEY QUOTE

# 135 Q:

DID HE? YOUR HONOR, MAY WE APPROACH WITH REGARD TO THAT?

# 136 THE COURT:

SURE.

Temperature

procedural

Key Quotes (4)

Mark Storfer

PROBABLY NOT IN A LONG WHILE.

Admits he hadn't set his TV clock recently, undermining the reliability of the 10:28 PM timestamp that anchors his testimony.

Mark Storfer

EMPTY ALLEY, ASPHALT.

Confirms he saw absolutely nothing in the alley at 10:28 PM — no people, no vehicles — weakening any corroboration of prosecution timeline.

Mark Storfer

THE OFFICER HAD A LITTLE BLUE MENU CARD AND I SAW HIM JOT A FEW THINGS DOWN ON THERE.

Reveals existence of a contemporaneous police note not previously surfaced; triggers immediate bench conference by Cochran, suggesting a missing or undisclosed document.

Mark Storfer

NOT BESIDES THE DOG BARKING.

Directly contradicts any witness accounts of screams or voices around the crime scene — he heard no human sounds whatsoever.

Evidence (3)

People's 26

Diagram/map of the area around Bundy and Dorothy showing witness locations; Storfer's house was labeled in the wrong position

discussed, corrected by witness

People's 28

Another map/diagram of the intersection of Dorothy and Bundy used to identify where the dog was tied

used for witness to identify location of tied dog

Informal

Police officer's 'little blue menu card' with notes from interview of Storfer on the night of June 13, 1994

disclosed by witness; Cochran immediately requests bench conference

Notable Exchanges (3)

Johnnie Cochran•Mark Storfer

Cochran systematically establishes that Storfer's 10:28 PM clock reading is of unknown accuracy — the TV had not been set since April 1994, and neither he nor his wife had adjusted it since.

strategic

Johnnie Cochran•Marcia Clark•Lance A. Ito

Cochran asks the court to mark where on the diagram Storfer indicated the dog was tied; Clark argues the testimony speaks for itself; judge agrees the jury can recall the pointed location.

procedural

Johnnie Cochran•Mark Storfer

Storfer reveals an officer wrote notes on a 'little blue menu card' during the night-of interview, prompting Cochran to immediately request a sidebar — likely pursuing an undisclosed police document.

strategic

Light Moments (1)

Mark Storfer

Storfer corrects himself mid-sentence when referring to the dog's gender, switching from 'he' to 'it'.

Credibility Attacks (1)

⚔ Mark Storfer

reliability of evidence / foundation attack

Cochran pressed Storfer on the accuracy of his TV clock, establishing it had not been set since April 1994 and may have drifted, casting doubt on the 10:28 PM timestamp central to his testimony about when he first heard the dog.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 5163 • 136 utterances • Prosecution witness

Criminal Trial

Department 103