📄 Exhibit handling and witness swearing-in — Wednesday, November 13, 1996
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C:\DEPT103\CIVIL\1996\NOV\13\EXHIBIT-HANDLING-AND-WITNESS-S.DOC
TRIAL
▲ Day 14 of 57

Exhibit handling and witness swearing-in

Date: Wednesday, November 13, 1996 • Utterances: 49
The plaintiffs moved a large batch of forensic exhibits into evidence, including a chart prepared by FBI hair and fiber expert Douglas Deedrick (Exhibit 2169) and multiple numbered exhibits. The defense briefly objected to Exhibit 2169 as cumulative before being overruled, and a dispute arose over Exhibit 1159 (a defense chart listing evidence items not found) that was reserved for later argument. The proceeding concluded with DNA expert Robin Cotton being sworn in.
1 (The instrument herein referred to as Chart listing items of evidence that were not found was marked for identification as Plaintiffs' Exhibit No. 1159.)
2 THE CLERK:

Was there an exhibit referred to?

I'd like to get for the record, what 1159 is.

3 MR. LEONARD:

It is a chart indicating items of evidence that were not found on various evidentiary items, item hairs and fibers that were not found.

KEY QUOTE
4 THE CLERK:

Thank you.

5 MR. MEDVENE:

If the Court please, we would move in 2169.

6 THE CLERK:

One moment, please.

Thank you.

7 MR. MEDVENE:

2169, 520, 521, 503, 524, 525, 527, 530, 531, 532, 516, 517, 2173, 2174, 2175, 2176, 2177, and 2178.

8 (The instrument previously marked as Plaintiffs' Exhibit 2169, was received in evidence.)
9 (The instrument previously marked as Plaintiffs' Exhibit 520 was received in evidence.)
10 (The instrument previously marked as Plaintiffs' Exhibit 521 was received in evidence.)
11 (The instrument previously marked as Plaintiffs' Exhibit 503 was received in evidence.)
12 (The instrument previously marked as Plaintiffs' Exhibit 524 was received in evidence.)
13 (The instrument previously marked as Plaintiffs' Exhibit 525 was received in evidence.)
14 (The instrument previously marked as Plaintiffs' Exhibit 527 was received in evidence.)
15 (The instrument previously marked as Plaintiffs' Exhibit 530 was received in evidence.)
16 (The instrument previously marked as Plaintiffs' Exhibit 531 was received in evidence.)
17 (The instrument previously marked as Plaintiffs' Exhibit 532 was received in evidence.)
18 (The instrument previously marked as Plaintiffs' Exhibit 516 was received in evidence.)
19 (The instrument previously marked as Plaintiffs' Exhibit 517 was received in evidence.)
20 (The instrument previously marked as Plaintiffs' Exhibit 2173 was received in evidence.)
21 (The instrument previously marked as Plaintiffs' Exhibit 2174 was received in evidence.)
22 (The instrument previously marked as Plaintiffs' Exhibit 2175 was received in evidence.)
23 (The instrument previously marked as Plaintiffs' Exhibit 2176 was received in evidence.)
24 (The instrument previously marked as Plaintiffs' Exhibit 2177 was received in evidence.)
25 (The instrument previously marked as Plaintiffs' Exhibit 2178 was received in evidence.)
26 MR. BAKER:

Object to 2169. That's cumulative and --

27 MR. MEDVENE:

We didn't move in 2169.

28 THE CLERK:

Yes you did.

29 MR. BAKER:

Yes you did.

30 MR. MEDVENE:

Excuse me, the first one.

31 MR. PETROCELLI:

That's our chart.

32 MR. BAKER:

The chart, I object to it.

33 MR. MEDVENE:

That's the chart.

34 THE COURT:

Which chart?

35 MR. MEDVENE:

That was the chart that Mr. Deedrick prepared.

36 THE COURT:

Okay. Overruled.

37 MR. MEDVENE:

Thank you, Your Honor.

38 MR. LEONARD:

Your Honor, we ask that 2171, 2172 and 1159 be moved in.

39 THE COURT:

Okay.

40 (The instrument herein described was received in evidence as Defendants' Exhibit No. 2171.)
41 (The instrument herein described was received in evidence as Defendants' Exhibit No. 2172.)
42 (The instrument herein described was received in evidence as Defendants' Exhibit No. 1159.)
43 THE CLERK:

You do solemnly swear that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth and nothing but the truth, so help you God?

44 THE WITNESS:

I do.

45 THE CLERK:

And if you please, state and spell your name for the record?

46 THE WITNESS:

My name is Robin Cotton, R-O-B-I-N, C-O-T-T-O-N.

47 MR. MEDVENE:

Oh, excuse me, your honor, can we reserve on 1159? There was no testimony about it. Mr. Baker just raised that. I think that's what was put on the board. There weren't any questions, as I remember, asked about it. Can we reserve on that and address it later? We object to --

KEY QUOTE
48 THE COURT:

Okay. Objection is noted and you may raise that objection at a later time.

49 THE CLERK:

Received?

Temperature

routine

Key Quotes (3)

Dan Leonard
It is a chart indicating items of evidence that were not found on various evidentiary items, item hairs and fibers that were not found.
Describes defense Exhibit 1159, a chart framing the absence of trace evidence as exculpatory.
Edward Medvene
Oh, excuse me, your honor, can we reserve on 1159? There was no testimony about it.
Plaintiffs object to admitting a defense chart they say was never the subject of testimony, flagging it for later challenge.
Hiroshi Fujisaki
Okay. Overruled.
Summary ruling on Baker's objection to Exhibit 2169, the Deedrick hair/fiber chart.

Evidence (5)

Plaintiffs' 1159
Chart listing items of evidence (hairs and fibers) that were not found on various evidentiary items
Marked, then contested — admission reserved
Plaintiffs' 2169
Chart prepared by FBI expert Douglas Deedrick (hair and fiber analysis)
Admitted over Baker's cumulative objection
Plaintiffs' 520, 521, 503, 524, 525, 527, 530, 531, 532, 516, 517, 2173, 2174, 2175, 2176, 2177, 2178
Batch of previously marked forensic exhibits (likely hair/fiber/DNA related)
Admitted into evidence
Defendants' 2171, 2172
Defense forensic exhibits (unspecified)
Admitted into evidence
Defendants' 1159
Chart listing evidence items not found — hairs and fibers
Admitted, but plaintiffs' objection reserved for later argument

Notable Exchanges (1)

Edward MedveneRobert BakerThe Clerk
Brief confusion over whether Medvene had already moved in Exhibit 2169 — both Baker and the clerk corrected him, leading to a quick overruling of Baker's cumulative objection.
mildly chaotic, routine

Objections

2 objections (0 sustained, 1 overruled)
Proceeding 8244 • 49 utterances
Civil Trial
Department 103
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📂 NOV 13, 1996 📄 Exhibit handling and witness s
NOV 13, 1996 KRT DvH TD