Redirect examination of Mark Storfer

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

Address:

C:\DEPT103\CRIMINAL\1995\MAR\6\REDIRECT-EXAMINATION-OF-MARK-S.DOC

TRIAL

▲ Day 31 of 167

◀ Cross-examination of Mark Storfer (part 2) Recross-examination of Mark Storfer ▶

Witness: Mark Storfer
Examiner: Marcia Clark
Called by: Prosecution • Date: Monday, March 6, 1995 • Utterances: 160

Marcia Clark redirects Mark Storfer, a neighbor near 875 South Bundy, to clarify the timeline of when he heard Nicole Brown Simpson's dog barking and when he looked out his window. Clark establishes that Storfer's 10:28 clock reading translates to approximately 10:23 actual time (due to his habit of setting clocks five minutes ahead), and walks him through each time he looked out his window — at 10:23, ~11:00, ~11:30, and ~12:15 — confirming he saw no one on Bundy, Dorothy, or in the alley on any of those occasions.

# 1

REDIRECT EXAMINATION

# 2

BY MS. CLARK:

# 3 Q:

SHOWING YOU YOUR -- THE STATEMENT THAT MR. COCHRAN SHOWED YOU, LINES 19 AND 20 ON PAGE 2, DID YOU INDICATE THERE THAT YOU LOOKED AT THE CLOCK AND THAT IS HOW YOU REMEMBER IT WAS BETWEEN 10:20 AND 10:30?

# 4 A:

THAT'S CORRECT.

# 5 Q:

AND YOU GAVE THAT ESTIMATE -- WHEN YOU GAVE THAT ESTIMATE, WERE YOU AWARE OF YOUR HABIT THAT YOU HAVE EARLIER TESTIFIED TO OF SETTING YOUR CLOCKS FIVE MINUTES AHEAD?

# 6 A:

YES, I WAS.

# 7 Q:

SO AT THIS TIME IS IT YOUR RECOLLECTION THAT YOU HEARD THE DOG BARKING -- BEGIN TO BARK AT 10:20?

# 8 A:

THAT'S CORRECT.

# 9 MR. COCHRAN:

THAT IS LEADING AND SUGGESTIVE, YOUR HONOR.

# 10 THE COURT:

WELL, THE ANSWER WILL STAND. SAME TESTIMONY THAT WE HAD ON DIRECT. PROCEED.

# 11 Q:

BY MS. CLARK: THE FIRST TIME YOU LOOKED OUT YOUR WINDOW, SIR, DID YOU LOOK AT THE ALLEY -- WHEN I SAY "THE ALLEY," WHAT ALLEY ARE YOU TALKING ABOUT?

# 12 A:

THE ALLEY TO THE WEST OF MY HOUSE AND TO THE WEST OF BUNDY, RUNNING PARALLEL WITH BUNDY.

# 13 Q:

OKAY. WOULD THAT BE THE ALLEY THAT RUNS BEHIND THE AREA OF 875 SOUTH BUNDY?

# 14 A:

THAT'S CORRECT.

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

# 16 Q:

BY MS. CLARK: OKAY. AND YOU LOOKED OUT -- YOU LOOKED OUT YOUR WINDOW -- THE FIRST TIME YOU LOOKED OUT YOUR WINDOW, WAS THAT WHEN YOU FIRST GOT BACK TO YOUR BEDROOM FROM HAVING PUT YOUR SON TO BED?

# 17 A:

YES.

# 18 Q:

OKAY. WHAT TIME WAS IT YOU THOUGHT THAT WAS?

# 19 A:

MY CLOCK SAID 10:28 SO IT WOULD HAVE BEEN ABOUT 10:23.

KEY QUOTE

# 20 Q:

10:23. AND WHERE DID YOU LOOK FIRST?

# 21 A:

I LOOKED ON DOROTHY RIGHT IN FRONT OF THE HOUSE FIRST.

# 22 MR. FAIRTLOUGH:

P-38.

# 23 Q:

BY MS. CLARK: ALL RIGHT. ARE YOU LOOKING AT THE MONITOR, SIR?

# 24 A:

YES, I AM.

# 25 Q:

DO YOU RECOGNIZE THAT AREA?

# 26 A:

UMM, YES, THAT IS THE ALLEY.

# 27 Q:

OKAY. HAVE I EVER SHOWN YOU ANY PICTURES BEFORE?

# 28 A:

NO, YOU HAVE NOT.

# 29 Q:

OKAY. SO THIS IS THE FIRST TIME YOU HAVE EVER SEEN THIS?

# 30 A:

YES, IT IS.

# 31 Q:

OKAY. WHEN YOU SAY IT IS THE ALLEY, DO YOU MEAN THE ALLEY THAT YOU JUST DESCRIBED RUNNING BEHIND 875 SOUTH BUNDY?

# 32 A:

THAT'S CORRECT.

# 33 Q:

HOW FAR UP THE ALLEY WERE YOU ABLE TO SEE FROM YOUR HOUSE?

# 34 A:

UMM, MAYBE 50 FEET.

# 35 Q:

WERE YOU ABLE TO SEE AS FAR AS THE MAN STANDING -- CAN YOU SEE THE MAN STANDING THERE TO THE RIGHT OF THE POLICE CAR?

# 36 A:

YES, I CAN.

# 37 Q:

WERE YOU ABLE TO SEE THAT FAR UP THE ALLEY?

# 38 A:

I DON'T BELIEVE SO.

# 39 Q:

HOW FAR UP THE ALLEY WERE YOU ABLE TO SEE, IF YOU CAN LOCATE A POINT IN THIS PHOTOGRAPH?

# 40 A:

PROBABLY BEHIND THOSE CARS PARKED ON THE RIGHT SIDE PERPENDICULAR TO THE ALLEY.

# 41 Q:

OKAY. THERE IS A CAR THAT YOU SEE --

# 42 MR. COCHRAN:

CAN WE MARK THAT, YOUR HONOR?

# 43 MS. CLARK:

EXCUSE ME. MAY I COMPLETE MY QUESTIONING OF THE WITNESS?

# 44 THE COURT:

YES, PLEASE.

# 45 Q:

BY MS. CLARK: YOU SEE A CAR THAT IS PARKED FACING IN TOWARDS THE BUILDING WHERE THERE IS LIGHTS IN THE BALCONY?

# 46 A:

YES, I DO.

# 47 Q:

IS THAT THE ONE YOU ARE REFERRING TO AS FAR UP AS YOU CAN SEE?

# 48 A:

NOT QUITE THAT FAR.

# 49 Q:

JUST BEFORE THAT?

# 50 A:

THAT'S CORRECT.

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

# 52 Q:

BY MS. CLARK: ALL RIGHT. I'M GOING TO ASK YOU TO GUIDE THE ARROW.

# 53 A:

OKAY.

# 54 Q:

TELL THE ARROW WHERE TO GO.

# 55 A:

DOWN, STOP, TO THE RIGHT. STOP. A LITTLE BIT UP AND A BIT LEFT. BEHIND THE CARS. SOMEWHERE ABOUT THERE, (INDICATING). MS. CLARK: COULD YOU PLEASE PUT -- THERE YOU GO. THANK YOU.

# 56 MARK STORFER:

I COULD SEE ACROSS THE ALLEY FROM THAT POINT.

# 57 MS. CLARK:

COULD THIS BE MARKED AS 38-A, YOUR HONOR?

# 58 MR. FAIRTLOUGH:

38-D.

# 59 THE COURT:

38-D, AS IN DAVID. WE ARE GOING TO PRINT THIS.

# 60 MS. CLARK:

D, AS IN DAVID. ALL RIGHT.

# 61 (PEO'S 38-D FOR ID = PHOTOGRAPH)

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

# 63 Q:

BY MS. CLARK: SO THE FIRST TIME YOU LOOKED OUT YOUR WINDOW, THE FIRST PLACE YOU LOOKED WAS?

# 64 A:

ON DOROTHY IN FRONT OF THE HOUSE.

# 65 Q:

THAT WAS AT 10:23 YOU SAID?

# 66 A:

THAT'S CORRECT.

# 67 Q:

YOU ALSO AT THAT TIME LOOKED DOWN THE ALLEY?

# 68 A:

YES, I DID.

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

# 70 MR. FAIRTLOUGH:

YOUR HONOR, PEOPLE'S EXHIBIT NO. 50.

# 71 MS. CLARK:

BOY, IT IS DARK ON THE SCREEN, ISN'T IT? CAN YOU LIGHTEN THAT?

# 72 MR. FAIRTLOUGH:

HUM?

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

# 74 MS. CLARK:

LET ME LOOK AT YOUR MONITOR.

# 75 Q:

DO YOU RECOGNIZE THE LOCATION SHOWN IN THAT PHOTOGRAPH, SIR?

# 76 A:

IT APPEARS TO BE BUNDY STREET.

# 77 Q:

AND CAN YOU TELL WHICH DIRECTION YOU ARE LOOKING ON BUNDY IN THAT PHOTOGRAPH?

# 78 A:

I BELIEVE FACING NORTH.

# 79 Q:

OKAY. DOES THIS PHOTOGRAPH GIVE YOU AS GOOD A VIEW NORTH ON BUNDY AS YOU HAD FROM YOUR APARTMENT OR FROM YOUR RESIDENCE WINDOW ON THE NIGHT OF JUNE THE 12TH?

# 80 A:

NO, IT DOES NOT.

# 81 Q:

ARE YOU ABLE TO SEE FARTHER UP NORTH ON BUNDY FROM YOUR WINDOW?

# 82 A:

THAT'S CORRECT.

# 83 Q:

OKAY. BUT THAT IS THE LOCATION IN WHICH YOU WERE LOOKING?

# 84 A:

THAT'S CORRECT.

# 85 Q:

AND WHEN YOU LOOKED OUT YOUR WINDOW FOR THE FIRST TIME AT 10:23, YOU LOOKED FIRST NORTH ON BUNDY? THAT WAS THE FIRST PLACE YOU LOOKED?

# 86 A:

I ACTUALLY LOOKED ON DOROTHY FIRST, THEN NORTH ON BUNDY, THEN THE ALLEY.

KEY QUOTE

# 87 Q:

SO WHEN YOU LOOKED ON DOROTHY, IN WHICH DIRECTION ON DOROTHY DID YOU LOOK?

# 88 A:

BOTH DIRECTIONS, EAST AND WEST IN FRONT OF THE HOUSE.

# 89 Q:

DID YOU SEE ANYONE ON THE STREET ON -- EITHER EAST OR WEST OF DOROTHY?

# 90 A:

NO, I DID NOT.

# 91 Q:

AND THEN YOU LOOKED WHERE?

# 92 A:

NORTH ON BUNDY.

# 93 Q:

DID YOU SEE ANYONE WALKING EITHER UP OR DOWN THE STREET AT THAT TIME?

# 94 A:

NO, I DID NOT.

# 95 Q:

NORTH ON BUNDY? DID YOU SEE ANYONE IN THE ALLEY?

# 96 A:

NO, I DID NOT.

# 97 Q:

DO YOU RECALL -- AND THEN DID YOU SAY YOU LOOKED OUT THE WINDOW AGAIN AT SOME LATER POINT?

# 98 A:

YES, I DID.

# 99 Q:

WHEN WAS THAT?

# 100 A:

MAYBE AROUND 11:00.

# 101 Q:

AND WHEN YOU LOOKED OUT THE WINDOW AT 11:00, WHERE DID YOU LOOK?

# 102 A:

ON DOROTHY AND ON BUNDY.

# 103 Q:

DID YOU LOOK EAST AND WEST ON DOROTHY?

# 104 A:

YES, I DID.

# 105 Q:

DID YOU SEE ANYONE?

# 106 A:

NO, I DID NOT.

# 107 Q:

WHEN YOU LOOKED ON BUNDY, DID YOU LOOK NORTH AGAIN?

# 108 A:

YES, I DID.

# 109 Q:

DID YOU SEE ANYONE?

# 110 A:

NO, I DID NOT.

# 111 Q:

YOU ALSO DID NOT SEE A DOG?

# 112 A:

NO, I DID NOT.

# 113 Q:

COULD YOU STILL HEAR THE BARKING?

# 114 A:

YES, I COULD.

# 115 Q:

DID YOU LOOK UP THE ALLEY AT THAT TIME?

# 116 A:

I DON'T RECOLLECT LOOKING UP THE ALLEY AT THAT TIME.

# 117 Q:

AND THEN DID YOU GET BACK IN BED?

# 118 A:

YES, I DID.

# 119 Q:

DID YOU GET UP AGAIN?

# 120 A:

YES.

# 121 Q:

AND WHAT TIME WAS IT THAT YOU GOT UP AGAIN?

# 122 A:

MAYBE AROUND 11:30'ISH.

# 123 Q:

DID YOU LOOK OUT THE WINDOW AGAIN?

# 124 A:

YES, I DID.

# 125 Q:

WHERE DID YOU LOOK AT THAT POINT?

# 126 A:

ON DOROTHY.

# 127 Q:

EAST AND WEST?

# 128 A:

EAST AND WEST.

# 129 Q:

DID YOU SEE ANYONE?

# 130 A:

NO, I DID NOT.

# 131 Q:

DID YOU LOOK UP NORTH ON BUNDY AGAIN?

# 132 A:

I DON'T RECOLLECT.

# 133 Q:

OKAY.

# 134 A:

PROBABLY NOT.

# 135 Q:

WERE YOU STILL ABLE TO HEAR BARKING?

# 136 A:

YES, I WAS.

# 137 Q:

AND THEN WHAT DID YOU DO?

# 138 A:

WENT BACK TO BED.

# 139 Q:

DID YOU GET UP AGAIN?

# 140 A:

YES, I DID.

# 141 Q:

WHAT TIME?

# 142 A:

AT ABOUT 12:15.

# 143 Q:

IS THAT WHEN YOU SAW POLICE CARS?

# 144 A:

YES, IT IS.

# 145 Q:

IS THAT WHEN YOU SAW THE DOG?

# 146 A:

THAT'S CORRECT.

# 147 Q:

WHEN YOU LOOKED -- SO ON EACH OCCASION WHEN YOU LOOKED OUT YOUR WINDOW IS IT YOUR TESTIMONY THAT YOU SAW NO ONE WALKING NORTH OR SOUTH ON BUNDY OR ON DOROTHY OR IN THE ALLEY BEHIND 875 SOUTH BUNDY?

# 148 A:

THAT'S CORRECT.

# 149 MS. CLARK:

AND THE -- YOUR HONOR, IF I MAY, I WOULD LIKE TO CORRECT THE EXHIBIT MARKED AS PEOPLE'S 26 BASED ON THIS WITNESS' TESTIMONY.

# 150 THE COURT:

CERTAINLY. WHY DON'T WE HAVE MR. STORFER PLACE THE MARKERS.

# 151 MS. CLARK:

IF WE COULD LET HIM POINT IT OUT TO MR. FAIRTLOUGH, BECAUSE THESE ARE STICKY.

# 152 (BRIEF PAUSE.)

# 153 MS. CLARK:

FOR THE RECORD, THE WITNESS IS POINTING AGAIN TO THE SOUTHWEST CORNER AND MR. FAIRTLOUGH HAS PLACED THE ICON IN THAT LOCATION.

# 154 Q:

MR. STORFER, IS YOUR RESIDENCE ON THE NIGHT OF JUNE 12TH NOW CORRECTLY INDICATED ON THE DIAGRAM MARKED PEOPLE'S 26?

# 155 A:

YES, IT IS.

# 156 Q:

AND THE WINDOW YOU DESCRIBED DOES FACE NORTH AS INDICATED ON THAT DIAGRAM?

# 157 A:

THAT'S CORRECT.

# 158 MS. CLARK:

THANK YOU. I HAVE NOTHING FURTHER.

# 159 THE COURT:

MR. COCHRAN, ANY RECROSS?

# 160 MR. COCHRAN:

YES. A FEW QUESTIONS, YOUR HONOR.

Temperature

procedural

Key Quotes (3)

Mark Storfer

MY CLOCK SAID 10:28 SO IT WOULD HAVE BEEN ABOUT 10:23.

Pins down the timeline for when Storfer first looked out his window, accounting for his habit of setting clocks ahead — placing him at the window near the critical window when the murders occurred.

Mark Storfer

ON EACH OCCASION WHEN YOU LOOKED OUT YOUR WINDOW IS IT YOUR TESTIMONY THAT YOU SAW NO ONE WALKING NORTH OR SOUTH ON BUNDY OR ON DOROTHY OR IN THE ALLEY BEHIND 875 SOUTH BUNDY? THAT'S CORRECT.

Clark gets Storfer to confirm in one clean statement that he saw no one in the area across multiple observation windows that night.

Mark Storfer

I ACTUALLY LOOKED ON DOROTHY FIRST, THEN NORTH ON BUNDY, THEN THE ALLEY.

Corrects a slight mischaracterization by Clark, showing the witness is being precise about the order of his observations.

Evidence (3)

People's 38-D

Photograph of the alley running behind 875 South Bundy, annotated by the witness to show the limit of his sightline

introduced and marked with witness-guided annotation

People's 50

Photograph of Bundy Street facing north

discussed — witness noted it did not capture as good a view as he had from his window

People's 26

Diagram of the area, corrected during redirect to accurately show Storfer's residence location at the southwest corner

corrected and re-marked with witness pointing out his location

Notable Exchanges (2)

Johnnie Cochran•Marcia Clark•Lance A. Ito

Cochran interrupts Clark mid-question to ask if a point on the photograph could be marked; Clark asks to be allowed to finish her question and Ito supports her.

mildly adversarial

Marcia Clark•Mark Storfer

Clark walks Storfer through each time he looked out his window — 10:23, ~11:00, ~11:30, 12:15 — building a systematic record that he never saw anyone in the area until police arrived.

strategic

Light Moments (1)

Marcia Clark

Clark notices the photograph on the monitor is too dark and asks to lighten it, prompting a confused 'Hum?' from her colleague Fairtlough.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 5166 • 160 utterances • Prosecution witness

Criminal Trial

Department 103