Direct examination of Mark Storfer

📄 Direct examination of Mark Storfer — Monday, March 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\6\DIRECT-EXAMINATION-OF-MARK-STO.DOC

TRIAL

▲ Day 31 of 167

◀ Jury seating and instructions Cross-examination of Mark Storfer (part 1) ▶

Witness: Mark Storfer
Examiner: Marcia Clark
Called by: Prosecution • Date: Monday, March 6, 1995 • Utterances: 128

Mark Storfer, a neighbor living at the southwest corner of Dorothy and Bundy, testified that he heard an unusually loud and persistent dog barking beginning around 10:20 PM on June 12, 1994, while carrying his son to bed. He looked out his north-facing window repeatedly from approximately 10:23 PM through 12:15 AM, never seeing anyone on Bundy, and at 12:15 AM observed police cars, yellow tape, and a white medium-sized long-haired dog tied to a street sign at the corner of Bundy and Dorothy.

# 1 MS. CLARK:

THE PEOPLE CALL MR. MARK STORFER.

MARK STORFER, CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND TESTIFIED AS FOLLOWS:

# 2 THE CLERK:

PLEASE RAISE YOUR RIGHT HAND. 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 MARK STORFER:

I DO.

# 4 THE CLERK:

PLEASE HAVE A SEAT ON THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

# 5 MARK STORFER:

MARK STORFER, M-A-R-K, S-T-O-R-F, AS IN FRANK, E-R.

# 6 THE CLERK:

THANK YOU.

# 7 THE COURT:

ALL RIGHT. GOOD MORNING, MR. STORFER. YOU CAN JUST SLIDE THE MICROPHONE JUST SLIGHTLY TO YOU. THERE YOU GO. PERFECT.

# 8 MS. CLARK:

SPEAK INTO IT LIKE A TELEPHONE.

# 9 THE COURT:

ALL RIGHT. MISS CLARK.

# 10

DIRECT EXAMINATION

# 11

BY MS. CLARK:

# 12 Q:

ALL RIGHT. MR. STORFER, DIRECTING YOUR ATTENTION BACK TO THE DATE OF JUNE 12, 1994, ON THAT DATE, SIR, WHERE WERE YOU LIVING?

# 13 A:

AT 12100 DOROTHY STREET.

# 14 Q:

AND WHERE IS THAT, CAN YOU TELL US, SIR, IN RELATIONSHIP TO 875 SOUTH BUNDY?

# 15 A:

THIS HOUSE IS ON THE SOUTHWEST CORNER OF DOROTHY AND BUNDY.

# 16 Q:

OKAY. WE HAVE HERE A CHART THAT HAS BEEN MARKED AS PEOPLE'S 26. IF YOU WOULD STEP DOWN, SIR. FIRST LOOK AT IT FOR A MINUTE SO THAT YOU CAN ORIENT YOURSELF.

# 17 (WITNESS COMPLIES.)

# 18 Q:

AND IF YOU CAN TELL US WHETHER THERE IS A BOX THERE THAT IS -- THAT INDICATES WHERE YOU WERE LIVING?

# 19 A:

NO, THERE IS NOT.

# 20 Q:

OKAY. THERE IS A BOX, HOWEVER, MARKED IN PURPLE MARKED "STORFER." IF THAT IS NOT CORRECT, CAN YOU TELL US WHERE YOUR HOUSE WOULD HAVE BEEN LOCATED?

# 21 A:

SURE, (INDICATING).

# 22 Q:

DOWN IN THIS LOWER CORNER?

# 23 A:

THAT'S CORRECT.

# 24 MS. CLARK:

FOR THE RECORD, YOUR HONOR, WE WILL HAVE THIS CORRECTED TO INDICATE --

# 25 Q:

SO YOU WERE AT THE CORNER OF DOROTHY AND BUNDY DOWN AT THE SOUTHWEST CORNER?

# 26 A:

THAT'S CORRECT.

# 27 Q:

NOW, FROM THAT LOCATION, SIR, DID YOU HAVE ANY WINDOWS THAT FACED NORTH ON BUNDY?

# 28 A:

MAY I SIT DOWN?

# 29 Q:

OF COURSE. SORRY.

# 30 A:

(WITNESS COMPLIES.) YES, I DID.

# 31 Q:

ON THE NIGHT OF JUNE THE 12TH, SIR, AT APPROXIMATELY 10:00 P.M., WHERE WERE YOU?

# 32 A:

UMM, IN BED WITH MY WIFE.

# 33 Q:

OKAY. AND DID YOU HAVE A SON AT THAT TIME?

# 34 A:

YES, I DO. I DID.

# 35 Q:

AND STILL?

# 36 A:

YES.

# 37 Q:

CAN YOU TELL US, DID YOU HAVE SOMETHING THAT YOU DID WITH YOUR SON THAT EVENING?

# 38 A:

YES. HE HAD FALLEN ASLEEP IN OUR BED AROUND THAT TIME.

# 39 Q:

AT AROUND TEN O'CLOCK?

# 40 A:

THAT'S CORRECT.

# 41 Q:

DID YOU TAKE HIM OUT OF YOUR BED AND PUT HIM INTO HIS BED AT SOME POINT?

# 42 A:

YES, I DID. AFTER HE FELL ASLEEP -- SHALL I PROCEED?

# 43 Q:

GO AHEAD.

# 44 A:

-- I BROUGHT HIM DOWNSTAIRS TO HIS ROOM, WHICH WAS ON THE LOWER LEVEL. OUR BEDROOM WAS ON THE UPPER LEVEL. AND AS I WAS TAKING HIM DOWNSTAIRS, I HEARD A DOG BARK.

# 45 Q:

WHY DID THAT ATTRACT YOUR ATTENTION?

# 46 A:

I WAS CONCERNED THAT IT WOULD WAKE UP MY SON, IT WAS THAT LOUD AND PERSISTENT.

KEY QUOTE

# 47 Q:

HAVE YOU HEARD BARKING THAT LOUD AND PERSISTENT BEFORE IN THE NEIGHBORHOOD?

# 48 A:

NO, I HAD NOT.

# 49 Q:

NOW, DID YOU SEE WHAT TIME IT WAS BEFORE YOU LEFT THE BEDROOM HOLDING YOUR SON?

# 50 A:

NO, I DID NOT.

# 51 Q:

WAS THERE ANY POINT AT WHICH YOU NOTICED WHAT TIME IT WAS?

# 52 A:

YES. AFTER I PUT HIM IN HIS BED, CLOSED A FEW LIGHTS DOWNSTAIRS AND THEN UPSTAIRS, I HAD REMARKED TO MY WIFE THAT THESE DOGS WERE --

# 53 MR. COCHRAN:

THAT IS NONRESPONSIVE, YOUR HONOR.

# 54 THE COURT:

SUSTAINED.

# 55 Q:

BY MS. CLARK: YOU PUT YOUR SON BACK IN HIS BED AND THEN YOU WENT UPSTAIRS?

# 56 A:

THAT'S CORRECT.

# 57 Q:

AND YOU REMARKED SOMETHING TO YOUR WIFE ABOUT THE DOGS?

# 58 A:

THAT'S CORRECT.

# 59 Q:

AT THAT POINT DID YOU LOOK TO SEE WHAT TIME IT WAS?

# 60 A:

YES, I DID.

# 61 Q:

AND WHAT TIME WAS IT?

# 62 A:

IT WAS 10:28 ON THE DIGITAL DISPLAY ON OUR T.V.

KEY QUOTE

# 63 Q:

NOW, IS THAT THE ACCURATE TIME, SIR?

# 64 A:

WE TYPICALLY SET OUR CLOCKS ABOUT FIVE MINUTES FAST, SO I PRESUME IT WOULD HAVE BEEN FIVE MINUTES EARLIER.

# 65 Q:

OKAY. 10:23?

# 66 A:

CORRECT.

# 67 Q:

AND AT THAT POINT IT WAS ALREADY, WHAT? GIVE US AN ESTIMATE HOW LONG AFTER YOU HEARD THE DOG BARKING?

# 68 A:

PROBABLY A GOOD THREE MINUTES.

# 69 Q:

SO WHAT TIME WAS IT THAT YOU ESTIMATE YOU HAD FIRST HEARD THE DOG BARKING?

# 70 A:

ABOUT 10:20 P.M.

# 71 Q:

NOW, WHEN YOU GOT INTO BED WITH YOUR WIFE IT WAS ABOUT -- I'M SORRY. YOU GOT BACK INTO THE ROOM AT 10:23?

# 72 A:

10:28 IS WHEN I LOOKED AT THE T.V., WHICH WAS A COUPLE OF MINUTES AFTER I HAD GOTTEN INTO THE ROOM.

# 73 Q:

RIGHT. OKAY. SO GIVEN THAT YOU SET YOUR CLOCKS FASTER, AS YOU INDICATED FIVE MINUTES, WAS ABOUT 10:23?

# 74 A:

THAT'S CORRECT.

# 75 Q:

WHAT DID YOU DO AT THAT POINT?

# 76 A:

UMM, I LOOKED OUT THE WINDOW OF OUR BEDROOM THAT FACES NORTH TOWARDS BUNDY TO SEE IF I COULD SEE WHERE THAT DOG WAS OR WHAT WAS GOING ON. IT WAS PRETTY DARK AND I COULDN'T SEE ANYTHING UNUSUAL AND I COULDN'T LOCATE THE DOG. I ALSO LOOKED OUT THE WEST FACING WINDOW OF OUR BEDROOM TO SEE IF THE DOG WAS FURTHER OVER TO THE WEST. WE FACED THE ALLEY ON THE WEST SIDE AND I COULD NOT SEE ANYTHING AT THAT TIME EITHER.

# 77 Q:

OKAY. WHEN YOU SAY YOU LOOKED WEST, WERE YOU LOOKING DOWN DOROTHY?

# 78 A:

THAT'S CORRECT.

# 79 Q:

WHEN YOU LOOKED NORTH, YOU LOOKED NORTH UP BUNDY?

# 80 A:

UP BUNDY, IN THE FRONT OF THE DOROTHY AS WELL.

# 81 Q:

WERE YOU ABLE TO SEE ANYONE WALKING DOWN THE STREET AT THAT TIME?

# 82 A:

NO, I DID NOT.

# 83 Q:

AND FOR HOW LONG DID YOU LOOK OUT THE WINDOW?

# 84 A:

UMM, JUST VERY BRIEFLY INITIALLY AND THEN WE WENT TO BED AND I HAD SLEPT VERY LIGHTLY BECAUSE THE DOG HAD CONTINUED TO BARK. DOZE OFF, WAKE UP, DOZE OFF, WAKE UP, AND I KEPT LOOKING OUT THE WINDOW PERIODICALLY.

# 85 Q:

THROUGHOUT THE NIGHT?

# 86 A:

UMM, ABOUT 12:15 WHEN I LOOKED OUT THE WINDOW.

# 87 MR. COCHRAN:

LEADING QUESTION, YOUR HONOR. OBJECTION, LEADING QUESTION.

# 88 THE COURT:

SUSTAINED.

# 89 Q:

BY MS. CLARK: AT SOME POINT -- WELL, LET ME ASK YOU THIS: UP UNTIL ABOUT 12:15 WHEN YOU LOOKED OUT YOUR WINDOW, DID YOU LOOK NORTH ON BUNDY ON EACH OCCASION?

# 90 A:

YES.

# 91 Q:

AND FROM THE FIRST TIME YOU LOOKED NORTH ON BUNDY AT ABOUT 10:23 UNTIL THE LAST TIME YOU LOOKED NORTH ON BUNDY AT 12:15, DID YOU SEE ANYONE WALKING DOWN THE STREET SOUTHBOUND OR NORTHBOUND ON BUNDY?

# 92 A:

NO, I DID NOT.

# 93 Q:

AT 12:15, WHEN YOU LOOKED OUT YOUR WINDOW, WHAT DID YOU SEE?

# 94 A:

I SAW A NUMBER OF POLICE CARS WITH THEIR LIGHTS ON AND YELLOW POLICE TAPE BLOCKING OFF BOTH DOROTHY AND BUNDY ON TWO CORNERS.

# 95 Q:

DURING THE TIME THAT YOU KEPT LOOKING OUT THE WINDOW UP UNTIL 12:15, WERE YOU STILL ABLE TO HEAR THE DOG BARKING?

# 96 A:

YES, I WAS.

# 97 Q:

WAS THERE SOMETHING UNUSUAL ABOUT THE MANNER IN WHICH IT WAS BARKING THAT DREW YOUR ATTENTION?

# 98 A:

UMM, IT WAS VERY PERSISTENT. THE DOG CONTINUED TO BARK AND STOPPED JUST LONG ENOUGH TO TAKE A BREATH AND BARK SOME MORE. HE WHINED OR YELPED PERIODICALLY.

# 99 Q:

NOW, HAD YOU EVER HEARD BARKING LIKE THAT COMING FROM THAT AREA?

# 100 A:

UMM, NO, I HAD NOT.

# 101 Q:

WHEN I SAY "THAT AREA," WHAT AREA DID IT SEEM TO BE COMING FROM?

# 102 A:

FROM THE FRONT OF THE HOUSE WHICH IS NORTH FACING.

# 103 Q:

WOULD THAT BE FROM THE LOCATION -- GENERAL VICINITY OF 875 SOUTH BUNDY?

# 104 MR. COCHRAN:

LEADING AND SUGGESTIVE.

# 105 THE COURT:

SUSTAINED.

# 106 Q:

BY MS. CLARK: NORTH OF YOUR LOCATION WOULD BE UP BUNDY, CORRECT?

# 107 A:

THAT'S CORRECT.

# 108 Q:

AND IS 875 SOUTH BUNDY NORTH OF YOUR LOCATION?

# 109 A:

THAT'S CORRECT.

# 110 Q:

AND DID THE BARKING APPEAR TO COME FROM THAT AREA?

# 111 MR. COCHRAN:

OBJECT. LEADING AND SUGGESTIVE, YOUR HONOR.

# 112 THE COURT:

SUSTAINED.

# 113 Q:

BY MS. CLARK: AND WHERE DID THE BARKING SEEM TO BE COMING FROM IN RELATIONSHIP TO 875 SOUTH BUNDY?

# 114 A:

FROM THAT DIRECTION.

# 115 Q:

AND AT 12:15, WHEN YOU LOOKED OUTSIDE, YOU SAW THE POLICE. WERE YOU ABLE TO SEE ANY DOGS?

# 116 A:

YES, I DID. I SAW A WHITE MEDIUM-SIZED LONG-HAIRED TYPE OF DOG TIED TO A STREET SIGN ON THE NORTHEAST CORNER.

KEY QUOTE

# 117 Q:

OF --

# 118 A:

OF BUNDY AND DOROTHY.

# 119 Q:

OKAY. SIR, IF YOU COULD STEP DOWN AND LOOK AT THE ANIMAL SHOWN IN PEOPLE'S 26, CAN YOU TELL US -- THERE IS A PHOTOGRAPH AT THE BOTTOM THERE.

# 120 (WITNESS COMPLIES.)

# 121 Q:

CAN YOU TELL US IF YOU RECOGNIZE THAT DOG?

# 122 A:

IT LOOKS VERY SIMILAR TO THE ONE THAT I SAW TIED UP.

# 123 Q:

AT THE NORTHEAST CORNER OF DOROTHY AND BUNDY?

# 124 A:

THE NORTHEAST CORNER, CORRECT.

# 125 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 126 MS. CLARK:

THANK YOU VERY MUCH.

# 127 MARK STORFER:

THANK YOU.

# 128 THE COURT:

MR. COCHRAN.

Temperature

procedural

Key Quotes (4)

Storfer

I WAS CONCERNED THAT IT WOULD WAKE UP MY SON, IT WAS THAT LOUD AND PERSISTENT.

Establishes that the dog barking was extraordinary in volume and character, consistent with the 'wailing Akita' narrative anchoring the prosecution's timeline.

Storfer

IT WAS 10:28 ON THE DIGITAL DISPLAY ON OUR T.V. ... WE TYPICALLY SET OUR CLOCKS ABOUT FIVE MINUTES FAST, SO I PRESUME IT WOULD HAVE BEEN FIVE MINUTES EARLIER.

Pins the barking start to approximately 10:20 PM — a critical timestamp for the prosecution's theory of when the murders occurred.

Storfer

THE DOG CONTINUED TO BARK AND STOPPED JUST LONG ENOUGH TO TAKE A BREATH AND BARK SOME MORE. HE WHINED OR YELPED PERIODICALLY.

The whining and yelping detail supports the theory that the dog was distressed by the presence of the bodies.

Storfer

I SAW A WHITE MEDIUM-SIZED LONG-HAIRED TYPE OF DOG TIED TO A STREET SIGN ON THE NORTHEAST CORNER.

Identifies Nicole's Akita as the source of the barking and places it geographically consistent with having come from 875 South Bundy.

Evidence (1)

People's 26

A chart/map of the neighborhood with a 'Storfer' box marked in purple (inaccurately placed) and a photograph of the dog at the bottom

Used for location orientation and dog identification; witness noted his house location was incorrectly marked and corrected it

Notable Exchanges (2)

Clark•Storfer

Clark repeatedly tried to elicit that the barking came from the direction of 875 South Bundy; Cochran successfully objected as leading and suggestive each time, forcing Clark to use indirect phrasing until the witness simply said 'from that direction.'

strategic

Clark•Storfer

Witness corrected the chart showing his house location, noting the 'Storfer' box was not placed correctly; Clark noted for the record that the exhibit would be corrected.

routine

Witness Demeanor

(WITNESS COMPLIES.) — stepped down to examine chart twice without prompting issues

Witness politely asked to sit down mid-testimony: 'MAY I SIT DOWN?' — cooperative and deferential

Objections

4 objections (4 sustained, 0 overruled)

Proceeding 5162 • 128 utterances • Prosecution witness

Criminal Trial

Department 103