📄 Sidebar: relevance of observations — Tuesday, December 17, 1996
Address:
C:\DEPT103\CIVIL\1996\DEC\17\SIDEBAR-RELEVANCE-OF-OBSERVATI.DOC
TRIAL
▲ Day 33 of 57

Sidebar: relevance of observations

Date: Tuesday, December 17, 1996 • Utterances: 15
Petrocelli objected under People v. Kaurish to the defense calling a witness (Tallarino) who observed a suspicious person crouching in bushes outside 875 South Bundy around 9 p.m. the night of the murders, arguing the observations couldn't be linked to the actual perpetrator. Baker argued the witness was the only eyewitness to suspicious activity near the crime scene that night and that police failed to follow up on the lead. Fujisaki allowed the testimony solely to show suspicious activity at the location, explicitly barring the defense from using it to argue a 'rush to judgment' against Simpson.
1 MR. PETROCELLI:

Your Honor, I need to approach at this point.

2 THE COURT:

Okay.

3 (The following proceedings were held at the bench with the reporter:)
4 MR. PETROCELLI:

Under Section 352, in People versus Kaurish, I'm going to object because the defense is offering this guy purportedly to testify that he saw some people near Nicole's condominium around -- shortly before 9 o'clock p.m., and they have absolutely no evidence whatsoever to link these persons who were viewed, supposedly, by this witness to the perpetrator of this crime, they have no evidence linking these persons to anything that's relevant to this case.

So I don't -- I don't understand how his observations are at all relevant.

And the defense concedes that Nicole Brown Simpson was alive until sometime -- until after 10 o'clock p.m., in any event.

And this guy's observations were way before 9 o'clock p.m. because he was home by 9 o'clock.

MR. P. BAKER: We already addressed this point when we came over to sidebar during opening statements, when we discussed this situation about Tallarino in front of the jury.

He will testify that he sees a person with slicked back hair crouching in the bushes in front of her house at approximately 9 o'clock in the evening.

Detective Ball and Detective Ramirez interviewed him on July 7, 1994, about his recollections -- didn't ask him any more questions.

In April, Thomas Lange took him out to identify that location, 875 South Bundy. He said it was 875 South Bundy. They never heard from him again -- never heard from Detective Lange again.

This goes directly to what he observed in front of 875 South Bundy on the night in question. It's the exact same issue we discussed at sidebar during his opening statement.

KEY QUOTE
5 MR. PETROCELLI:

Forgive me, but he hasn't explained the relevance of this testimony.

He said that this guy made some observations, that he was interviewed twice by the police, and he still hasn't answered the question how these observations in any way, shape, or form, relate to this case.

MR. P. BAKER: He's the only eyewitness of suspicious activity outside 875 Bundy on the night they were killed. It's directly relevant.

There was a rush to judgment. It shows there was a judgment -- rush to identify O.J. Simpson, but they never followed up any leads.

6 THE COURT:

That's the basis for your offering it, it's irrelevant.

MR. P. BAKER: It's relevant to show there was suspicious activity out in front of 875 South Bundy at 9 o'clock, within an hour to two hours of when she's killed.

7 MR. PETROCELLI:

Under People versus Kaurish, they have to link any other alleged perpetrator to the facts of this case. They have no such evidence.

MR. P. BAKER: People versus Kaurish does not say that.

8 MR. PETROCELLI:

It does.

MR. P. BAKER: It does not say that and you know it.

9 THE COURT:

I'll permit you to offer this evidence of a suspicious character. If you're going to argue rush to judgment based on that, I will not allow it.

MR. P. BAKER: I'm going to take it for five minutes, what he observed and how he was interviewed twice.

KEY QUOTE
10 MR. PETROCELLI:

They're really trying to use this witness on the rush to judgment point, Your Honor. That's really what he's said.

MR. P. BAKER: No, I have not.

11 THE COURT:

Excuse me.

MR. P. BAKER: Okay.

12 THE COURT:

I'm talking to Mr. Baker, Sr. now.

MR. P. BAKER: Okay.

13 THE COURT:

I'm only offering this only for the purpose of showing that there is a suspicious character at around that time. I will not permit it for a rush to judgment argument.

14 MR. BAKER:

Okay.

15 THE COURT:

Okay.

Temperature

tense

Key Quotes (4)

Daniel Petrocelli
Under Section 352, in People versus Kaurish, I'm going to object because the defense is offering this guy purportedly to testify that he saw some people near Nicole's condominium around -- shortly before 9 o'clock p.m., and they have absolutely no evidence whatsoever to link these persons who were viewed, supposedly, by this witness to the perpetrator of this crime
States the legal basis for exclusion — third-party perpetrator evidence requires a link to the actual crime under California law
P. Baker
He's the only eyewitness of suspicious activity outside 875 Bundy on the night they were killed. It's directly relevant. There was a rush to judgment. It shows there was a judgment -- rush to identify O.J. Simpson, but they never followed up any leads.
Reveals the defense's real agenda: not just suspicious activity, but attacking the investigation's integrity
Hiroshi Fujisaki
I'll permit you to offer this evidence of a suspicious character. If you're going to argue rush to judgment based on that, I will not allow it.
Fujisaki splits the baby — admits the testimony but surgically removes its most damaging use for the defense
P. Baker
People versus Kaurish does not say that.
Direct factual dispute between counsel over legal authority, escalating briefly before Fujisaki intervenes

Evidence (3)

Informal
Witness Tallarino's observations of a suspicious person with slicked back hair crouching in bushes at 875 South Bundy around 9 p.m. on the night of the murders
discussed, conditionally admitted
Informal
Detective Ball and Detective Ramirez interview of Tallarino on July 7, 1994
referenced to show police follow-up was inadequate
Informal
Thomas Lange's April site visit with Tallarino to identify 875 South Bundy
referenced to show investigation was dropped without further follow-up

Notable Exchanges (2)

Daniel PetrocelliP. Baker
Direct dispute over the holding of People v. Kaurish — Baker flatly says 'It does not say that and you know it,' Petrocelli insists 'It does.' Fujisaki does not resolve the legal argument but effectively rules for Petrocelli by restricting the use of the testimony.
heated
Hiroshi FujisakiP. Baker
Fujisaki cuts off Baker mid-argument to clarify he is addressing Robert Baker Sr., not P. Baker, asserting control of the sidebar.
firm/procedural

Credibility Attacks (1)

⚔ LAPD investigation
failure to follow up leads
Baker argues detectives Ball, Ramirez, and Lange interviewed Tallarino twice but never pursued his lead about a suspicious person at the crime scene, implying a rush to focus on Simpson

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 8685 • 15 utterances
Civil Trial
Department 103
⚖️ Start
📂 DEC 17, 1996 📄 Sidebar: relevance of observat
DEC 17, 1996 KRT DvH TD