Cross-examination of Mark Storfer (part 2)

📄 Cross-examination of Mark Storfer (part 2) — Monday, March 6, 1995

Address:

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

TRIAL

▲ Day 31 of 167

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

Witness: Mark Storfer
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Monday, March 6, 1995 • Utterances: 114

Johnnie Cochran cross-examines neighbor Mark Storfer, who heard a dog barking on the night of the murders and later spoke to a uniformed officer around 2:20 AM. Cochran uses Storfer's taped January 1, 1995 statement to investigator Michael Stevens to highlight inconsistencies — specifically details Storfer added at trial (clock reading 10:28 PM, the clock being five minutes fast) that do not appear in his earlier statement, and a 1:30 AM wake time he doesn't now recall but apparently stated on tape.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 THE COURT:

THANK YOU, COUNSEL.

# 3 Q:

BY MR. COCHRAN: DID YOU EVER FIND OUT THE NAME OF THE OFFICER WHO TALKED TO YOU?

# 4 A:

NO, I DO NOT KNOW HIS NAME.

# 5 Q:

ABOUT WHAT TIME DID THIS OFFICER TALK TO YOU?

# 6 A:

ABOUT 2:20 A.M.

# 7 Q:

2:20?

# 8 A:

APPROXIMATELY.

# 9 Q:

WAS THE OFFICER IN PLAIN CLOTHES OR UNIFORM?

# 10 A:

UNIFORM.

# 11 Q:

DID YOU EVER ASCERTAIN THE NAME OF THAT POLICE OFFICER?

# 12 A:

NO, I DID NOT.

# 13 Q:

CAN YOU DESCRIBE THE OFFICER FOR US?

# 14 A:

HARDLY.

# 15 Q:

MALE, FEMALE?

# 16 A:

MALE, MEDIUM HEIGHT.

# 17 Q:

OKAY.

# 18 A:

A LITTLE BIT GREATER THAN MEDIUM BUILD.

# 19 Q:

ALL RIGHT. CAUCASIAN?

# 20 A:

CAUCASIAN, I BELIEVE.

# 21 Q:

OKAY. AND HOW LONG DID YOU TALK TO HIM AT THAT TIME?

# 22 A:

MAYBE TWO OR THREE MINUTES.

# 23 Q:

YOU SAW HIM WRITE SOMETHING DOWN ON A CARD, SOME KIND OF A PAD?

# 24 A:

I SAW HIM JOT DOWN SOME NOTE, YES.

# 25 Q:

AT THAT TIME YOU SPOKE TO HIM ABOUT WHAT YOU HAD HEARD THAT PARTICULAR NIGHT; IS THAT CORRECT?

# 26 A:

THAT'S CORRECT.

# 27 Q:

NOW, PRIOR TO SEEING THIS POLICE OFFICER HAD YOU DOZED OFF IN THE EARLY MORNING HOURS THAT DAY?

# 28 A:

YES.

# 29 Q:

THEN YOU WOULD WAKE BACK UP -- YOU WOULD AWAKEN AND YOU WOULD HEAR THE DOG BARK; IS THAT CORRECT?

# 30 A:

THAT'S CORRECT, UNTIL I HEARD THE DOORBELL RING.

# 31 Q:

THEN YOU WERE AWAKENED AND YOU CAME DOWNSTAIRS; IS THAT CORRECT?

# 32 A:

YES.

# 33 Q:

WAS YOUR SON ABLE TO REMAIN -- SLEEP THROUGH THIS ALL?

# 34 A:

YES, HE WAS.

# 35 Q:

NOW, WITH REGARD TO THIS MATTER, YOU GAVE A STATEMENT TO THE DISTRICT ATTORNEY'S OFFICE ON JANUARY 1ST, 1995; IS THAT CORRECT?

# 36 A:

YES, IT IS.

# 37 Q:

IN THIS BUILDING?

# 38 A:

NO, IN MY HOME.

# 39 Q:

AT YOUR HOME. AND AT THAT TIME YOU INDICATED THAT YOU HAD BROUGHT YOUR SON DOWN TO BED SOMEWHERE BETWEEN 10:20 AND 10:30 THAT NIGHT; IS THAT CORRECT?

# 40 A:

CORRECT.

# 41 Q:

AND AT THAT TIME YOU INDICATED THAT YOU LOOKED OUT THE WINDOW AND YOU COULDN'T SEE WHERE THIS BARKING WAS COMING FROM; IS THAT CORRECT?

# 42 A:

THAT'S CORRECT.

# 43 Q:

AND SO WOULD I BE CORRECT IN ASSUMING THAT YOU NEVER SAW A DOG UNTIL YOU SAID YOU SAW THIS DOG TIED UP NEAR DOROTHY AND BUNDY THERE ON THE CORNER AT ABOUT 12:15; IS THAT CORRECT?

# 44 A:

THAT'S CORRECT.

# 45 Q:

YOU NEVER TOLD THE INVESTIGATOR ABOUT SEEING A CLOCK ON YOUR TELEVISION THAT SAID 10:28 P.M., DID YOU, OR A.M. -- OR P.M. RATHER?

# 46 A:

I DON'T REMEMBER.

# 47 Q:

YOU NEVER MENTIONED THAT TO HIM?

# 48 A:

I DON'T REMEMBER.

# 49 Q:

WOULD IT BE HELPFUL FOR YOU TO REVIEW YOUR STATEMENT?

# 50 A:

SURE.

# 51 MR. COCHRAN:

ALL RIGHT. MAY I APPROACH, YOUR HONOR?

# 52 THE COURT:

YES.

# 53 MR. COCHRAN:

I PLACE BEFORE HIM, COUNSEL, A STATEMENT TAKEN OF MARK STORFER ON JANUARY 1ST, 1995, INVESTIGATOR BY THE NAME OF MICHAEL STEVENS. IT IS FAIRLY SHORT. IT IS ABOUT FOUR PAGES.

# 54 Q:

WHY DON'T YOU READ THAT TO YOURSELF QUICKLY, IF YOU CAN?

# 55 A:

(WITNESS COMPLIES.) IT MENTIONS HERE ABOUT LOOKING AT A CLOCK. THAT WOULD BE THE CLOCK.

# 56 Q:

THE QUESTION IS DID YOU TELL HIM AT THAT TIME THAT YOU LOOKED AT THE CLOCK AND IT SAID 10:28 P.M.? DID IT SAY THAT?

# 57 A:

IT DOES NOT SAY THAT.

# 58 Q:

ALL RIGHT. DOES IT SAY ANYTHING AT ALL ON THERE ABOUT THE CLOCK MAY HAVE BEEN FIVE MINUTES FAST?

# 59 A:

NO.

# 60 Q:

DOES IT SAY ANYTHING ABOUT THAT? YOU DIDN'T TELL HIM THAT AT THAT TIME, DID YOU?

# 61 A:

NOT AT THAT TIME.

# 62 Q:

THIS INTERVIEW WAS ALSO TAPE-RECORDED, WAS IT NOT?

# 63 A:

THAT'S CORRECT.

# 64 Q:

ALL RIGHT. NOW, YOU WOKE UP AT ABOUT 1:30 A.M. THAT MORNING; ISN'T THAT CORRECT?

# 65 A:

ABOUT 2:20, 2:15, 2:20 WHEN THE DOORBELL RANG.

# 66 Q:

YOU HADN'T AWAKENED AT 1:30?

# 67 A:

NOT TO MY RECOLLECTION, NO.

# 68 Q:

ALL RIGHT. LET ME SEE IF THIS REFRESHES YOUR RECOLLECTION AT ALL, PAGE 2 OF YOUR STATEMENT. COUNSEL, BOTTOM -- LINE 27 AND 28. JUST READ THIS PART TO YOURSELF.

# 69 (WITNESS COMPLIES.)

# 70 Q:

HAVE YOU HEAD THAT TO YOURSELF?

# 71 A:

YES, I HAVE.

# 72 Q:

DOES THAT REFRESH YOUR RECOLLECTION AT ALL WITH REGARD TO WHAT YOU SAID TO INVESTIGATOR STEVENS?

# 73 A:

NO, BUT I MUST HAVE SAID IT.

KEY QUOTE

# 74 Q:

ALL RIGHT. DID YOU TELL HIM THAT: "I THINK I WOKE UP AT 1:30 AND OF COURSE IT WAS STILL BARKING." DID YOU SAY THAT TO HIM?

# 75 A:

THAT IS WHAT THE TRANSCRIPT SAYS.

KEY QUOTE

# 76 Q:

ALL RIGHT. DO YOU RECALL SAYING THAT?

# 77 A:

I DON'T RECALL.

# 78 Q:

OKAY. WOULD YOUR MEMORY HAVE BEEN BETTER ON JANUARY 1ST THAN IT IS NOW, DO YOU THINK?

# 79 A:

I DON'T KNOW.

# 80 Q:

ALL RIGHT. IF YOU SAID THIS ON A TAPE, YOU WERE TRYING TO TELL THE TRUTH, WERE YOU NOT?

KEY QUOTE

# 81 A:

SURE.

# 82 Q:

SO YOU WERE TRYING TO BE AS ACCURATE AS YOU COULD?

# 83 A:

YEAH.

# 84 Q:

AT SOME POINT DID YOU NOTICE ANY YELLOW TAPE LINES AROUND THE PERIMETER THERE AT DOROTHY AND BUNDY, SIR?

# 85 A:

YES.

# 86 Q:

AND WHEN DID YOU NOTICE THAT?

# 87 A:

APPROXIMATELY 12:15.

# 88 Q:

ALL RIGHT. AND 12:15 YOU NOTICED THAT?

# 89 A:

YES.

# 90 Q:

AND YOU KNOW THAT AT 12:15 WHEN YOU NOTICED THAT, THAT IS WHEN YOU SAW THOSE THREE POLICE CARS, RIGHT?

# 91 A:

THAT'S CORRECT.

# 92 Q:

AND THIS YELLOW TAPE WAS KIND OF A PERIMETER AROUND THE AREA THERE AT BUNDY; IS THAT CORRECT?

# 93 A:

IT WAS ON TWO CORNERS.

# 94 Q:

OKAY. TELL US -- DESCRIBE FOR THE JURY AT 12:15 WHERE THIS YELLOW TAPE WAS.

# 95 A:

SURE. IT CROSSED THE NORTH SIDE OF BUNDY FROM EAST TO WEST.

# 96 Q:

OKAY.

# 97 A:

AND THE WEST SIDE OF DOROTHY FROM NORTH TO SOUTH.

# 98 Q:

ALL RIGHT. AND IT LOOKED AS THOUGH THAT YELLOW TAPE WOULD KEEP PEOPLE FROM COMING IN THE AREA?

# 99 A:

YES.

# 100 Q:

SEEMED LIKE A PERIMETER TO YOU?

# 101 A:

YES.

# 102 Q:

ALL RIGHT. AND IT WAS AT 12:15 THAT YOU SAW THIS, RIGHT?

# 103 A:

THAT'S CORRECT.

# 104 Q:

AND THIS IS AT THE SAME TIME THAT YOU SAW THE DOG TIED UP ON THE CORNER ALSO, RIGHT?

# 105 A:

YES.

# 106 Q:

AND UP TO THE TIME THAT YOU TALKED TO THE POLICE AFTER TWO O'CLOCK IN THE MORNING, WOULD THE -- WOULD I BE CORRECT IN ASSUMING THAT YOU STILL HAD NOT SEEN ANY VEHICLES OUT THERE, ANY OTHER VEHICLES EITHER IN THE ALLEY OR UP ON THE BUNDY?

# 107 A:

BESIDES THE POLICE CARS, THAT'S CORRECT.

# 108 Q:

RIGHT. YOU HAD NOT SEEN ANY OTHER INDIVIDUAL EITHER IN THE ALLEY OR UP ON BUNDY?

# 109 A:

THAT IS CORRECT.

# 110 Q:

YOU ARE SURE ABOUT THE TIME YOU HAVE TOLD US ABOUT TODAY, RIGHT?

# 111 A:

YES.

# 112 MR. COCHRAN:

THANK YOU VERY KINDLY, MR. STORFER.

# 113 THE COURT:

MISS CLARK.

# 114 MS. CLARK:

THANK YOU, YOUR HONOR.

Temperature

procedural

Key Quotes (3)

Mark Storfer

NO, BUT I MUST HAVE SAID IT.

Storfer concedes the prior statement without being able to recall saying it — a classic impeachment moment that undermines his credibility on timing details.

Johnnie Cochran

IF YOU SAID THIS ON A TAPE, YOU WERE TRYING TO TELL THE TRUTH, WERE YOU NOT?

Cochran locks the witness into the prior statement being truthful, cementing the inconsistency with his current testimony.

Mark Storfer

THAT IS WHAT THE TRANSCRIPT SAYS.

Storfer defaults to acknowledging the document rather than his own memory — highlighting how much his trial testimony differs from his contemporaneous account.

Evidence (1)

Informal

Taped statement of Mark Storfer taken by investigator Michael Stevens on January 1, 1995, approximately four pages

Used by Cochran to refresh recollection and impeach on clock detail and 1:30 AM wake time

Notable Exchanges (2)

Johnnie Cochran•Mark Storfer

Cochran walks Storfer through his January 1 statement and establishes that his trial testimony added details — the clock reading 10:28 PM and the clock being five minutes fast — that are entirely absent from the contemporaneous taped account.

strategic

Johnnie Cochran•Mark Storfer

Cochran establishes that at 12:15 AM Storfer saw yellow crime scene tape forming a perimeter at Dorothy and Bundy, and that up to 2 AM he had seen no other vehicles or individuals in the alley or on Bundy besides police cars.

methodical

Credibility Attacks (1)

⚔ Mark Storfer

prior inconsistent statement

Cochran used Storfer's taped January 1, 1995 statement to show he never mentioned the clock reading 10:28 PM or the clock being five minutes fast — details he raised at trial. Storfer could not recall saying he woke at 1:30 AM, but acknowledged the tape said so, admitting 'I must have said it.'

Objections

None recorded

Proceeding 5165 • 114 utterances • Prosecution witness

Criminal Trial

Department 103