📄 Sidebar: juror concerns and discovery — Friday, December 20, 1996
Address:
C:\DEPT103\CIVIL\1996\DEC\20\SIDEBAR-JUROR-CONCERNS-AND-DIS.DOC
TRIAL
▲ Day 35 of 57

Sidebar: juror concerns and discovery

Date: Friday, December 20, 1996 • Utterances: 20
Defense attorney Baker raised two issues at sidebar: a request to adjourn after the current witness (Groden), and a more urgent concern that a spectator named 'Julius' — believed to be a man wearing a 'Veggie Power' shirt — held up a composite photo depicting OJ Simpson slitting Nicole's throat in front of two elderly jurors as they exited the elevator. Judge Fujisaki agreed to address the security issue. Separately, plaintiff's attorney Gelblum requested the judge order witness Groden to produce a deposition transcript from the Assassination Records Review Board; Fujisaki refused, calling the line of questioning innuendo and invoking Evidence Code 352.
1 (The following proceedings were held at the bench:)
2 MR. BAKER:

Two things, one is that we suggest that the other side—Groden is going to have to come back. We would like to adjourn after this witness, number one. Number 2, and perhaps much more importantly, I've been informed by one of the spectators that this morning when the two jurors who are elderly come up the elevator, there's one or more demonstrators, and this morning—and I didn't see this, I'm just reporting it; that there's a fellow that he called Julius. I don't know who Julius is, but when I asked him, I got the impression it's the fellow that's in the courtroom now that has "Veggie Power" on his chest and he held up a photograph, a composite photograph of O.J. behind Nicole slitting her throat as the jurors were walking from the elevator towards—whenever they entered back here. Obviously, it's terribly inappropriate. I didn't visualize it, I don't know that it occurred. But I think it would be—the whole sheriffs and the security people are on the inside of the magnetometer. This occurred on the outside of the magnetometer as they came up the elevator on the second floor.

3 THE COURT:

Sitting right here?

4 MR. BAKER:

Right here as they came out of elevator, those two jurors don't walk up the stairs as you're probably aware, so they walk—come up the elevator and walk into whatever entrance, they both get into here.

5 THE COURT:

Okay. I'll take care of that.

6 MR. BAKER:

Thank you. I'm led to believe it's the guy down in the corner that has "Veggie Power," I'm not sure.

7 THE COURT:

Okay.

8 MR. BAKER:

May we quit after this witness. The other one reason is—

9 THE COURT:

Okay. Off the record.

10 (A discussion was held off the record.)
11 MR. GELBLUM:

I asked him to produce, voluntarily, the transcript from the deposition that I was asking about earlier from the Assassination Records Review Board and they said no. I'd like you to order the witness, while he's here, to bring those, to produce those for us.

12 MR. BAKER:

Discovery is over in this case.

KEY QUOTE
13 MR. GELBLUM:

We may be calling—you ordered one of our witnesses to produce a record, Your Honor, the next day in court.

14 THE COURT:

Mr. Gelblum, I think you're getting very collateral on that issue and under 352 I am not going to—that's not even an accusation just because he was deposed on an issue, you cannot use that as an accusation of -- or proof that he stole anything. And I have—I will not allow you to use any innuendo.

15 MR. GELBLUM:

I understand. I don't want to use innuendo.

16 THE COURT:

That was innuendo. I call it as innuendo.

17 MR. GELBLUM:

I know you did. I'm asking you to, as you said, you asked for the evidence. This is the evidence and so the point is clear. Okay. It is not simply—it is not to assassinate his character. He puts on his resume, he has testified that his great—his claim to his credibility is that he's testified before these various governmental agencies, okay? Mr. Leonard brought that out on his resume.

18 MR. LEONARD:

I didn't bring that out.

19 MR. GELBLUM:

You brought out the House Select Committee.

20 THE COURT:

I said I am not going to order it.

Temperature

tense

Key Quotes (4)

Robert Baker
there's a fellow that he called Julius... he held up a photograph, a composite photograph of O.J. behind Nicole slitting her throat as the jurors were walking from the elevator
Describes a serious juror-tampering/intimidation incident occurring outside courthouse security perimeter
Hiroshi Fujisaki
I will not allow you to use any innuendo.
Judge firmly shuts down Gelblum's attempt to imply the witness stole documents via the deposition angle
Peter Gelblum
He puts on his resume, he has testified that his great — his claim to his credibility is that he's testified before these various governmental agencies
Gelblum argues the deposition transcript goes to witness credibility, not character assassination
Robert Baker
Discovery is over in this case.
Baker's blunt objection to mid-trial document production request

Evidence (1)

Informal
Deposition transcript from the Assassination Records Review Board, related to witness Groden
Gelblum requested court order for production; Fujisaki refused

Notable Exchanges (2)

Peter GelblumHiroshi Fujisaki
Gelblum pushed to compel Groden to produce an ARRB deposition transcript, arguing it bore on credibility; Fujisaki twice called it innuendo and refused under EC 352
heated
Peter GelblumDan Leonard
Brief dispute over whether Leonard introduced Groden's testimony before government committees on direct
strategic

Credibility Attacks (1)

⚔ Groden
prior deposition / documentary evidence
Gelblum sought to use Groden's ARRB deposition transcript to challenge his credibility, arguing Groden's claimed expertise before government bodies was central to his resume; judge blocked it as innuendo under EC 352

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 8732 • 20 utterances
Civil Trial
Department 103
⚖️ Start
📂 DEC 20, 1996 📄 Sidebar: juror concerns and di
DEC 20, 1996 KRT DvH TD