Motion: Robert Kardashian deposition

📄 Motion: Robert Kardashian deposition — Friday, December 6, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\6\MOTION-ROBERT-KARDASHIAN-DEPOS.DOC

TRIAL

▲ Day 27 of 57

◀ Witness testimony closed Recess and jury return ▶

Date: Friday, December 6, 1996 • Utterances: 19

Plaintiffs sought to read Robert Kardashian's deposition testimony into the record, citing his unavailability because he was in New York. Defense objected that plaintiffs never attempted to serve him with a subpoena. Judge Fujisaki overruled the objection and allowed the deposition to be read.

# 1 MR. PETROCELLI:

Your Honor, at this time we'd like to read in deposition testimony of Robert Kardashian.

# 2 MR. BAKER:

Your Honor, we're going to have to have a hearing on that.

# 3 THE COURT:

All right. Let's have a hearing.

How long is it?

# 4 MR. PETROCELLI:

The readings -- I'd say my readings are ten minutes.

# 5 THE COURT:

Okay.

Jurors, I'm going to excuse you for lunch until 1:30.

Don't talk about the case; don't form or express any opinions.

# 6 (Jurors exit courtroom.)

# 7 (The following proceedings were held in open court, outside the presence of the jury.)

# 8 MR. BAKER:

I was reading Mr. Kelly's declaration, Your Honor, and they have not proved unavailability; they've never attempted to serve him with subpoena, and he's not unavailable under the code; and therefore, I would object to them reading his deposition. Serve him with a subpoena, and they can bring him into court and have him testify.

# 9 MR. PETROCELLI:

He's in New York, Your Honor. He's -- you know, I mean, Mr. Kelly had a dialogue with the lawyer. He fully expected them to cooperate.

At the last minute, when he's out of town, they pull the plug.

And this is deposition testimony that all lawyers have been there; he's been fully examined. They gave me counter-designations already that they want to read back.

It's like a 15-minute, 20-minute witness, Your Honor and the guy is in New York. He's on TV.

# 10 MR. BAKER:

Your Honor --

# 11 MR. PETROCELLI:

He's on TV, talking.

KEY QUOTE

# 12 MR. BAKER:

I'll trade one Kardashian for one Fuhrman.

KEY QUOTE

# 13 (Laughter.)

# 14 MR. BAKER:

It's just a technicality. You know, everybody was there. They know all about his trial testimony.

# 15 MR. PETROCELLI:

He is unavailable. He's in the State of New York, and he is unavailable.

# 16 MR. BAKER:

He could have been subpoenaed anytime from September 17 to yesterday.

# 17 THE COURT:

Nice try, Mr. Baker.

You may read it.

# 18 MR. PETROCELLI:

Thank you.

# 19 THE COURT:

I find him to be unavailable. He's in New York.

Okay. 1:30.

Temperature

light

Key Quotes (3)

Robert Baker

I'll trade one Kardashian for one Fuhrman.

Baker's quip drawing a parallel between two witnesses both sides wanted — got a laugh and underscored the strategic gamesmanship around witness availability.

Hiroshi Fujisaki

Nice try, Mr. Baker. You may read it.

Fujisaki tersely dismisses Baker's objection, signaling he found the unavailability argument straightforward.

Daniel Petrocelli

He's on TV, talking.

Petrocelli's pointed jab that Kardashian was publicly visible and media-active while claiming to be unavailable for court.

Evidence (2)

Informal

Deposition testimony of Robert Kardashian

admitted for reading into the record over defense objection

Informal

Declaration of Mr. Kelly regarding Kardashian's unavailability

cited by Baker to argue unavailability not established

Notable Exchanges (2)

Robert Baker•Daniel Petrocelli

Baker objects that plaintiffs never subpoenaed Kardashian; Petrocelli counters that Kardashian is in New York and was expected to cooperate until pulling out at the last minute.

strategic

Robert Baker•Hiroshi Fujisaki

Baker argues Kardashian could have been subpoenaed at any time since September 17; Fujisaki shuts it down with 'Nice try, Mr. Baker.'

light

Light Moments (1)

Robert Baker

Baker quips 'I'll trade one Kardashian for one Fuhrman,' drawing laughter in the courtroom.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 8517 • 19 utterances

Civil Trial

Department 103