As I was saying, the Court has another motion filed by -- by plaintiff with regards to request of plaintiff Goldman for permission to take deposition of Rolf D. Rokahr.
Actually, it's a motion in the alternative. The alternative is to take -- to take the deposition or to have the Court accept additional corrections to the deposition transcript.
Had a chance to look at it?
As this Court is probably aware, Rolf Rokahr was a photographer. And he testified in the criminal trial, and he testified at his deposition in May, that Mark Fuhrman, pictures of him pointing at the glove, was taken at night.
That would have been, obviously, before Mark Fuhrman went to Rockingham.
He reiterated that testimony in his deposition in this case.
Then, Mr. Gelblum, after the deposition, contacts him -- discovery is totally cut off -- and talks to him and attempts to persuade him to change his testimony.
And he did this, and we have a recorded conversation with Rolf Rokahr's daughter relative to the actions of Mr. Gelblum. And he attempted to get him to change his testimony and to make the changes that he now seeks, after discovery has been closed, after that deposition has been signed.
And we think it's outrageous conduct. He had no right to contact this witness. He had no right to attempt to get him to change his testimony, to say that those photographs were taken at -- at a time other than was testified to by a witness, under penalty of perjury on two occasions.
I think it's outrageous. I think the whole motion's outrageous.
In fact, I think it ought to be referred to the State Bar of California.
Your Honor, the only thing outrageous is Mr. Baker's outrageous and scurrilous allegations. I did not try to convince anybody to change any testimony.
If you want to look at the pictures, Your Honor, dawn is breaking long before those pictures were taken. It's obvious to anybody who looks at the pictures. Mr. Rokahr agrees, without any kind of persuasive attempt by me.
I sent him the pictures. I said, "What do you think?"
He agreed. He said yep.
His daughter was on the phone the entire time. His daughter's husband is there. They're there.
There's nothing wrong with -- I can't contact a witness? Where did that outrageous statement come from?
Everyone who looks at these pictures can agree that dawn is breaking.
That was never called to his attention during his previous testimony, during his deposition whatsoever.
It's real obvious what Mr. Baker wants to do, is hide the truth from the jury. The truth is in the pictures. Dawn has broken long before Mr. Fuhrman's picture is taken.
I don't know why he didn't do it.
It doesn't matter. What matters is the truth; what matters is the pictures show dawn breaking.
What matters is the witness had the opportunity to look at the transcript and make corrections, and then sign it off.
I did not know until after I had these conversations with Mr. Rokahr that he had signed the deposition already, because he had sent the signature to Mr. -- to Art Walsh of the City Attorney's office.
Mr. Walsh didn't notify anybody until I inquired of these people a couple days ago, when it had been signed. They contacted Mr. Walsh and found out that it had.
The bottom line is this: This is not a deposition that was taken yesterday. It was a deposition --
It was a deposition taken in April of this year, if I read the declaration correctly.
Your Honor, let the jury make up their minds what the truth is?
That is, they want to hide the truth from the jury. Let them see the pictures and then let them decide.
Your Honor, a witness is able to change and correct his deposition. He's making additional changes to his deposition.
You had ample opportunity to prepare. April -- it is now December. The year is almost gone.
KEY QUOTEWell, Your Honor, for the record, I want to say I think the comments of Mr. Baker were not warranted.
This a public proceeding. I don't think he has any right making those comments and talking about referring matters to the State Bar.
Maybe we ought to talk about Mr. Taft, his colleague.
Mr. Petrocelli, Mr. Baker, as you know, I'm not influenced by any of this personality interchange.
I've always wanted counsel to desist from that. I will continue to ask counsel to desist from that.
I made no complaints about whatever things you want to say about me. I could only make a record.
And I'm going to deny the motion because I think it's untimely. I think you had ample opportunity to make the effort to make the correction, and it's too late.
Then, Mr. Gelblum, after the deposition, contacts him -- discovery is totally cut off -- and talks to him and attempts to persuade him to change his testimony.
I think it's outrageous. I think the whole motion's outrageous. In fact, I think it ought to be referred to the State Bar of California.
It's real obvious what Mr. Baker wants to do, is hide the truth from the jury. The truth is in the pictures. Dawn has broken long before Mr. Fuhrman's picture is taken.
You had ample opportunity to prepare. April -- it is now December. The year is almost gone.