In-chambers: exhibits and witness order

📄 In-chambers: exhibits and witness order — Tuesday, November 12, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\12\IN-CHAMBERS-EXHIBITS-AND-WITNE.DOC

TRIAL

▲ Day 13 of 57

◀ Redirect examination of Werner Spitz (part 1) Cross-examination of Werner Spitz (part 2) ▶

Date: Tuesday, November 12, 1996 • Utterances: 25

A brief in-chambers session following Dr. Spitz's direct examination where Petrocelli moved a large batch of exhibits into evidence, triggering some confusion over exhibit numbers (2051 vs. 2053). The judge admitted all exhibits subject to later objection, allowed an additional photo exhibit (2016) showing Nicole Brown's head injury, and Petrocelli announced a witness order change — Montgomery before Sims.

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

# 2 THE CLERK:

For the record, Exhibit 2051 that was referred to this morning, is actually 2053.

# 3 MR. PETROCELLI:

Your Honor, at this time, I'd like to move all of the exhibits into evidence that were referred to in the course of our direct examination of Dr. Spitz.

The clerk requested it might be easier if we do it now than later, so I will do so.

They are Exhibits 375, 2021, 2022, 2023, 3373, 2013, 2015, 378, 1999,

# 4 MR. BAKER:

I'd like to -- I'm sorry; were you finished?

# 5 MR. PETROCELLI:

No.

2000, 2003, 2004, 2005, 386, 1986, 1987, 1988, 1989, 1990, 1977, 2025, 2161, 2162, 2163, 2164, 2165, 1973, 826, 171, and 172.

And we'd also like to move in 2167, the notes -- the handwritten notes taken -- of Dr. Spitz, made just before the noon hour.

# 6 MR. BAKER:

I'd like to reserve on that, Your Honor. I can't remember verbatim what all those are. 2167 -- these are cumulative, number one; and number two, I don't think I heard 2051, which is Ron -- I just referred to in the last few minutes -- maybe that's 2053.

# 7 THE CLERK:

I said it exactly wrong; it's supposed to be 2051, not 2053.

# 8 MR. PETROCELLI:

2053 was referred to by you, not by us. Do you want that in?

# 9 MR. BAKER:

No, no, you put it on -- on the Elmo in the last few minutes before --

# 10 MR. PETROCELLI:

2053 is fine

# 11 THE CLERK:

No, no. 2051. 2051.

# 12 MR. BAKER:

Who's on first?

# 13 MR. PETROCELLI:

Where do we stand with these exhibits?

# 14 THE COURT:

They're all received, subject to any objection Mr. Baker may discover at a later time.

KEY QUOTE

# 15 MR. PETROCELLI:

Erin, do we have a final ruling? Is it 2151 or 53?

# 16 THE CLERK:

It's 2051, 2051.

# 17 MR. PETROCELLI:

Okay.

# 18 THE COURT:

Okay. Bring the jury in.

# 19 MR. MEDVENE:

If the Court please, there was one exhibit, 2016, that we brought -- or wanted to bring to your attention. Originally, it was not going to be shown.

There were some questions asked of the sequence of injuries to Ms. Brown, and we wanted to show that one photo of the injury to the head. And the doctor was going to relate it to when that occurred, as well as when 2013 occurred. He was going to try to put those in sequence.

I believe that area was opened up on the cross-examination.

# 20 THE COURT:

All right. I will allow it.

# 21 MR. MEDVENE:

It will take us one moment to put that on the board, Your Honor, because we had taken it off.

# 22 THE COURT:

Counsel, tomorrow we're going to adjourn at 4:00.

# 23 JURORS:

Thank you.

# 24 MR. PETROCELLI:

Your Honor, I advised the clerk we have a change in the order of witnesses. I also advised Mr. Blasier.

After Robin Cotton, we will have Renee Montgomery instead of Gary Sims. We will be reversing the orders of Montgomery and Sims.

# 25 THE COURT:

Thank you.

Temperature

procedural

Key Quotes (3)

Robert Baker

Who's on first?

An Abbott and Costello reference during the confusion over exhibit numbers 2051/2053, providing a rare light moment in otherwise routine proceedings.

Hiroshi Fujisaki

They're all received, subject to any objection Mr. Baker may discover at a later time.

Efficient bulk admission of a large exhibit list while preserving Baker's right to object later.

Edward Medvene

I believe that area was opened up on the cross-examination.

Petrocelli's team used Baker's cross-examination of Dr. Spitz to justify introducing an additional injury photo (Exhibit 2016) that had originally been withheld.

Evidence (4)

2051

Exhibit referenced during Dr. Spitz examination; clerk initially misstated as 2053

clarified and received

375, 2021, 2022, 2023, 3373, 2013, 2015, 378, 1999, 2000, 2003, 2004, 2005, 386, 1986, 1987, 1988, 1989, 1990, 1977, 2025, 2161, 2162, 2163, 2164, 2165, 1973, 826, 171, 172

Batch of exhibits referenced during Petrocelli's direct examination of Dr. Werner Spitz (forensic pathologist)

moved into evidence and received

2167

Handwritten notes of Dr. Spitz made just before the noon hour

moved into evidence; Baker reserved objection

2016

Photo of head injury to Nicole Brown Simpson; originally not planned to be shown

allowed by judge after Medvene argued cross-examination opened the door

Notable Exchanges (2)

The Clerk•Robert Baker•Daniel Petrocelli

Extended back-and-forth over whether the correct exhibit number was 2051 or 2053, with the clerk correcting herself and Baker making an Abbott and Costello joke.

light/confused

Edward Medvene•Hiroshi Fujisaki

Medvene requested permission to show Exhibit 2016 (Nicole Brown head injury photo) on the grounds that Baker's cross had opened the door to injury sequencing; Fujisaki allowed it without argument.

strategic

Light Moments (1)

Robert Baker

Baker quipped 'Who's on first?' during the clerk's repeated corrections over exhibit 2051 vs. 2053.

Objections

None recorded

Proceeding 8227 • 25 utterances

Civil Trial

Department 103