Sidebar: transcript designations

📄 Sidebar: transcript designations — Friday, December 6, 1996

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C:\DEPT103\CIVIL\1996\DEC\6\SIDEBAR-TRANSCRIPT-DESIGNATION.DOC

TRIAL

▲ Day 27 of 57

◀ Direct examination of Sharon Rufo (part 1) Direct examination of Sharon Rufo (part 2) ▶

Date: Friday, December 6, 1996 • Utterances: 27

Defense attorney Dan Leonard and plaintiff attorney Michael Brewer argue at the bench over which portions of a deposition from Mrs. Rufo (a Brown family member, apparently married multiple times) should be read to the jury. The disputes cover references to her marital history and post-murder media appearances on shows like 'Inside Edition' and 'A Current Affair.' Judge Fujisaki overrules the plaintiff's objections, allowing the defense to proceed.

# 1 MR. LEONARD:

Your Honor, at this juncture --

Is that it?

# 2 MR. BREWER:

Yeah. We need to approach.

# 3 MR. LEONARD:

We need to approach for a minute.

THE COURT REPORTER: With the reporter?

# 4 MR. LEONARD:

Yes, please.

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

# 6 MR. BREWER:

At this point the defense is going -- they've counter designated -- there are various portions of the transcript they are going to read from, and I've spoken earlier to Mr. Leonard concerning objections that I have. Of all the issues outstanding for the Court to consider is page 60 and 61, lines 12 through 25, and line 1 through 25.

And to capitalize it's just a reference to a -- to her -- Mrs. Rufo's second husband. There's a reference to the fact she was married the second time. We want to have it in for that purpose, to show that she was married the second time.

# 7 MR. LEONARD:

Objection. Married three times. You're not going to go to the three because --

# 8 MR. BREWER:

I have to object to Mr. Rufo coming in --

# 9 MR. LEONARD:

It's two questions. It's getting some background of this woman. I want the jury to have a full idea of who she is. That's all.

# 10 THE COURT:

That's -- objection overruled. Overruled.

# 11 MR. BREWER:

Your Honor, the other area is pages 66, 67, 68, 69. These generally fall under the category of interviews that were done after the murders, and there are like two or three that are referenced in there. And I think that this was the subject for a motion in limine that the Brown estate had fought earlier.

My understanding with the court ruling in connection with this was not relevant, but aside from that, we would object on the basis of relevance concerning any post-murder interviews that she's done in connection with the case.

# 12 MR. LEONARD:

I don't remember that, but it's been awhile. Was there a video on that? It goes to bias, her interest, she's done several.

# 13 THE COURT:

Bias or interest?

# 14 MR. LEONARD:

"Inside Edition," "A Current Affair."

# 15 MR. PETROCELLI:

I have a 352 objection to this.

# 16 THE COURT:

What is the nature of the testimony?

# 17 MR. LEONARD:

Just asking her which TV program she did. She did, I don't know, three or four.

# 18 MR. BREWER:

In this case, you can't avoid any media coverage of her case.

# 19 MR. LEONARD:

Sure, you can.

# 20 MR. BREWER:

Even you were on TV.

KEY QUOTE

# 21 THE COURT:

I was never interviewed.

KEY QUOTE

# 22 MR. LEONARD:

I think it's fair.

# 23 MR. BAKER:

I intend to do it with Mr. -- the Browns. I intend to do it with Mr. Goldman.

# 24 MR. PETROCELLI:

She had nothing to do with her son's death.

# 25 MR. LEONARD:

Of course not. She's looking for dollars.

KEY QUOTE

# 26 THE COURT:

Excuse me. She has an interest, and this is the damage portion of the action, I believe. I think it's appropriate.

You may read.

KEY QUOTE

# 27 MR. LEONARD:

Thank you.

Temperature

procedural

Key Quotes (4)

Dan Leonard

She's looking for dollars.

Blunt characterization of a plaintiff's motive in the damages phase — rare candor at the bench about litigation strategy.

Michael Brewer

Even you were on TV.

An attempt to deflect Leonard's media-bias argument by implicating the judge himself, prompting Fujisaki's dry denial.

Hiroshi Fujisaki

I was never interviewed.

Deadpan response to an awkward aside; a rare light moment from the bench.

Hiroshi Fujisaki

She has an interest, and this is the damage portion of the action, I believe. I think it's appropriate.

Fujisaki's ruling allowing the media appearances in — framed around bias and interest rather than relevance.

Evidence (2)

Informal

Deposition transcript of Mrs. Rufo, pages 60-61 and 66-69

discussed — defense counter-designations disputed by plaintiff

Informal

Mrs. Rufo's appearances on 'Inside Edition' and 'A Current Affair' after the murders

discussed — admitted over objection to show bias/interest

Notable Exchanges (3)

Michael Brewer•Dan Leonard•Hiroshi Fujisaki

Brewer tried to block references to Mrs. Rufo's post-murder TV interviews by invoking a prior motion in limine ruling; Leonard countered that the appearances show bias; Fujisaki allowed it.

strategic

Michael Brewer•Hiroshi Fujisaki

Brewer quipped that even the judge had been on TV; Fujisaki flatly denied it.

light

Dan Leonard•Daniel Petrocelli

Petrocelli objected under Evidence Code 352 to the media appearances evidence; Leonard pressed that it goes to the witness's interest in the outcome.

procedural

Light Moments (1)

Michael Brewer / Hiroshi Fujisaki

Brewer told Leonard 'Even you were on TV' to undercut the media-bias argument; Fujisaki dryly replied 'I was never interviewed.'

Credibility Attacks (1)

⚔ Mrs. Rufo

bias/interest

Defense sought to establish through deposition designations that Mrs. Rufo had given multiple post-murder media interviews, arguing it showed financial interest in the civil verdict.

Objections

3 objections (0 sustained, 2 overruled)

Proceeding 8525 • 27 utterances

Civil Trial

Department 103