Sidebar: next witness scheduling

📄 Sidebar: next witness scheduling — Friday, December 6, 1996

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C:\DEPT103\CIVIL\1996\DEC\6\SIDEBAR-NEXT-WITNESS-SCHEDULIN.DOC

TRIAL

▲ Day 27 of 57

◀ Cross-examination of Juditha Brown (part 2) Jury instructions and adjournment ▶

Date: Friday, December 6, 1996 • Utterances: 37

Attorneys met at the bench before calling the final witness (Fred Goldman) to handle two matters: stipulating to funeral expenses of $7,961.40 for Ron Goldman, and deciding whether to start and finish Fred Goldman's testimony that day or defer to Monday. Given the late hour (around 3:45 PM) and Baker's evening obligation in Rancho Santa Fe, the judge decided to start fresh Monday so the testimony wouldn't be split across a weekend.

# 1 MR. PETROCELLI:

We wanted to approach momentarily before the last witness.

# 2 (The following proceedings were held at the bench, with the reporter.)

# 3 MR. PETROCELLI:

In lieu of my having to ask the witness and putting in unnecessary documents, Mr. Baker stipulated with me that the amount of funeral expenses paid is $7,961.40, so I don't have to get into that in the examination.

KEY QUOTE

# 4 THE COURT:

This is as to Mr. Goldman?

# 5 MR. PETROCELLI:

Yes.

# 6 THE COURT:

Okay.

# 7 MR. PETROCELLI:

We're ready to call our final witness.

My direct is probably around a half-hour. I don't want to interrupt his direct, though, between a weekend break.

What do you think your cross is?

# 8 MR. BAKER:

I don't know what -- it's probably 15, 20 minutes, 30 minutes.

# 9 MR. PETROCELLI:

What is your pleasure?

# 10 THE COURT:

My pleasure?

# 11 MR. PETROCELLI:

It's a bad question.

Can we can we stay a little later and finish up today?

# 12 MR. BAKER:

Your Honor, I want to do it the other way. I'm supposed to be in Rancho Santa Fe at 7 o'clock. I mean . . .

# 13 MR. PETROCELLI:

I'd prefer to get him off the stand.

# 14 MR. BAKER:

He's not going to get off the stand, I don't think.

# 15 THE COURT:

Well give me an idea of what you think. How much time?

# 16 MR. BAKER:

Well, it depends on how much you limit me. I mean, my point is --

# 17 THE COURT:

You know me.

# 18 MR. PETROCELLI:

We've got some --

# 19 MR. BAKER:

-- I don't know what he's going to ask.

# 20 MR. PETROCELLI:

I'm going to ask about the relationship between Fred Goldman and Ron Goldman, background of Ron's life and the relationship between the two.

# 21 THE COURT:

It's 45 minutes to 4:30 and I don't want to unduly limit cross-examination. So if you don't want to break up your direct examination, I don't see how we could do anything but put it on Monday.

KEY QUOTE

# 22 MR. PETROCELLI:

You don't have that much.

# 23 MR. BAKER:

I do have some cross. You know I'm not going to limit my cross. You guys have moved your witnesses in and out in the trial more than any trial I've ever been in, and that's fine. I don't object to that. But on the other hand -- Oh, come on. We've taken days off so you can keep the order. That's never happened to in me in my life.

# 24 MR. PETROCELLI:

Oh, Mr. Baker.

# 25 MR. BAKER:

In any event, I don't want to limit my cross.

# 26 MR. PETROCELLI:

If we go until 5:00, we'll finish it, we'll rest our case, and start Monday morning.

# 27 MR. BAKER:

Thank you very much for your courtesy.

No, I'm not going to agree to that.

KEY QUOTE

# 28 THE COURT:

Why don't you start Monday and you can complete it Monday in one piece.

# 29 MR. PETROCELLI:

Okay.

# 30 THE COURT:

Otherwise, I'm going to have to split it up.

# 31 MR. PETROCELLI:

I don't want to split it up.

# 32 THE COURT:

Okay.

# 33 MR. PETROCELLI:

Okay.

# 34 THE COURT:

And the reason I do that is because it's not only an inconvenience to our staff, but it's an inconvenience to the jury, and everybody else. I don't think -- I don't think it would be helpful to --

# 35 MR. PETROCELLI:

Can you tell the jury we're going to call the final witness Monday morning?

# 36 THE COURT:

Yeah.

# 37 MR. PETROCELLI:

Thank you.

Temperature

tense

Key Quotes (5)

Daniel Petrocelli

In lieu of my having to ask the witness and putting in unnecessary documents, Mr. Baker stipulated with me that the amount of funeral expenses paid is $7,961.40, so I don't have to get into that in the examination.

Establishes the stipulated funeral expense figure for Ron Goldman, a damages element in the civil case.

Robert Baker

I'm supposed to be in Rancho Santa Fe at 7 o'clock.

Baker's personal schedule is offered as a reason not to extend the court day, revealing the practical pressures shaping trial logistics.

Robert Baker

You guys have moved your witnesses in and out in the trial more than any trial I've ever been in, and that's fine. I don't object to that. But on the other hand -- Oh, come on. We've taken days off so you can keep the order. That's never happened to me in my life.

Baker vents frustration about the trial's unusual scheduling accommodations for the plaintiffs, suggesting he feels the defense has been inconvenienced repeatedly.

Robert Baker

Thank you very much for your courtesy.

Sarcastic response to Petrocelli's offer to extend the day until 5:00 PM, showing Baker's irritation.

Hiroshi Fujisaki

It's 45 minutes to 4:30 and I don't want to unduly limit cross-examination. So if you don't want to break up your direct examination, I don't see how we could do anything but put it on Monday.

Judge's practical reasoning for deferring the final witness, balancing fairness to cross-examination against trial continuity.

Evidence (1)

Informal

Funeral expenses for Ron Goldman — stipulated amount of $7,961.40

stipulated between counsel, no formal exhibit needed

Notable Exchanges (2)

Daniel Petrocelli•Robert Baker

Petrocelli pushed to finish Fred Goldman's testimony the same day by staying until 5:00 PM; Baker declined sarcastically and complained about the trial's scheduling pattern favoring the plaintiffs.

tense

Daniel Petrocelli•Hiroshi Fujisaki

Petrocelli asked 'What is your pleasure?' and immediately walked it back as a 'bad question' after Fujisaki echoed it back to him.

light

Light Moments (1)

Daniel Petrocelli

Petrocelli asked Judge Fujisaki 'What is your pleasure?' then immediately said 'It's a bad question' after Fujisaki repeated the phrase back quizzically.

Objections

None recorded

Proceeding 8534 • 37 utterances

Civil Trial

Department 103