📄 Jury instruction: requests for admissions — Friday, November 15, 1996
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C:\DEPT103\CIVIL\1996\NOV\15\JURY-INSTRUCTION-REQUESTS-FOR-.DOC
TRIAL
▲ Day 16 of 57

Jury instruction: requests for admissions

Date: Friday, November 15, 1996 • Utterances: 22
Judge Fujisaki instructed the jury on the legal effect of requests for admissions, then plaintiff's attorney Tom Lambert read aloud approximately 35 requests for admission — all DNA and blood evidence results — to which OJ Simpson had responded 'Admit.' The admissions covered blood matching Simpson's DNA across numerous LAPD evidence items, as well as blood matching Ronald Goldman and Nicole Brown Simpson found on items like the Bronco console (items 303, 304). The proceeding concluded the day's session, with court set to resume Monday.
1 THE COURT:

At this point the Court will give you an instruction with regards to what's going to happen now.

In this case, the plaintiff served on the defendant, a written request to admit the truth to certain facts. All facts which were expressly admitted by the defendant or which defendant failed to deny, must be accepted as conclusively proved.

Mr. Lambert is going to read a series of these requests for admission and admissions or whatever responses he's going to read to you. It will have the affect that I just read to you insofar as the legal affect is concerned, and how you will be using that in your deliberations.

Okay. You may proceed.

2 MR. LAMBERT:

Thank you, Your Honor.

Pursuant to section 2033 of the California Code of Civil Procedure, Plaintiff Fredrick Goldman requests that the defendant Orenthal James Simpson admit the following specified matters of fact.

3 (Reading:)
4 MR. LAMBERT:

I read it the first time it was used.

MR. P. BAKER: But only on that one response.

5 THE COURT:

What we're going to do, at the conclusion of --

MR. P. BAKER: Okay.

6 THE COURT:

-- This portion that you're reading, Mr. Lambert, you're going to reiterate the qualifier.

7 MR. LAMBERT:

Yes. It applies to several of them as it goes, and I'll read it again at the end and I will indicate.

8 THE COURT:

And you will indicate to the jury what portions they apply to?

9 MR. LAMBERT:

Yes. (Reading:)

Request Number 183: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 117 matched your blood's DNA banding pattern at the genetic marker known as D5S110.

Response: Admit.

Request Number 184: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 117 matched your blood's DNA banding pattern at the genetic marker known as D10S28.

Response: Admit.

Request Number 185: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 117 matched your blood's DNA banding pattern at the genetic marker known as D17S79?

Response: Admit.

10 MR. LAMBERT:

He can change the board now.

11 MR. LAMBERT:

I'm told I didn't read in a response for item 43.

THE COURT REPORTER: Yes.

12 MR. LAMBERT:

There isn't an item 43. Which board?

MR. P. BAKER: Request for admission 43.

13 MR. LAMBERT:

Oh, the request for admission 43.

THE COURT REPORTER: Uh-huh.

14 MR. LAMBERT:

Oh. The response is "admit." (Reading:)

Request Number 343: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 6 had an HLA DQ Alpha blood type 1.1, comma, 1.2.

Response: Admit.

Request Number 350: Admit that the item identified at the criminal trial as LAPD evidence item 6, dash, control tested negative for DNA when tested by DOJ.

Response: Admit.

Request Number 343: -- I'll skip that.

Request Number 354: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 7 had an HLA DQ Alpha blood type 1.1, comma, 1.2.

Response: Admit.

Request Number 365: Admit that the item identified at the criminal trial as LAPD evidence item 7, dash, control tested negative for DNA when tested by Cellmark.

Response: Admit.

Request Number 369: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 12 had an HLA DQ Alpha blood type 1.1, comma, 1.2.

Response: Admit.

Request Number 380: Admit that the item identified at the criminal trial as LAPD evidence item 12, dash, control tested negative for DNA when tested by Cellmark.

Response: Admit.

Request Number 387: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 12 matched your blood's DNA banding pattern at all of the five single-locus probes known at as MS1, MS31, MS43, G3 and YNH24 when subjected to an RFLP test by Cellmark.

Response: Admit.

Request Number 232: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 24 had an HLA DQ Alpha blood type 1.1, comma, 1.2.

Response: Admit.

Request Number 239: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 24, dash, control tested negative for DNA when tested by DOJ.

Response: Admit.

Request Number 269: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 25 contained DNA segment which matched your DNA segment.

Response: Admit.

Request Number 280: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 26 contained DNA segment which matched your DNA segment.

Response: Admit.

Request Number 285: Admit that the item identified at the criminal trial as LAPD evidence item 26, dash, control tested negative for DNA when tested by DOJ.

Request Number 248: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 30, contained DNA segment which matched your DNA segment.

Response: Admit.

Request Number 253: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 30, dash, control tested negative for DNA when tested by DOJ.

Response: Admit.

Request Number 257: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 34 had an HLA DQ Alpha blood type 1.1, comma, 1.2.

Response: Admit.

Request Number 264: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 34, dash, control tested negative for DNA when tested by DOJ.

Response: Admit.

Request Number 291: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 293 had an HLA DQ Alpha blood type 1.1, comma, 1.1.

Response: Admit.

Request Number 305: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 303 contained DNA segment which matched your DNA segment.

Response: Admit.

Request 306: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 303 contained DNA segment which matched the DNA segment of Ronald Goldman.

Response: Admit.

Request Number 307: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 303 contained DNA segments which matched the DNA segment of Nicole Brown Simpson.

Response: Admit.

Request Number 308: Admit that the item identified at the criminal trial as LAPD evidence item 303, dash, control tested negative for DNA when tested by DOJ.

Response: Admit.

Request Number 325: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 304 contained DNA segment which matched your DNA segment.

Response: Admit.

Request Number 326: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 304 contained DNA segment which matched the DNA segment of Ronald Goldman.

Response: Admit.

Request Number 327: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 304 contained DNA segments which matched the DNA segment of Nicole Brown Simpson.

Response: Admit.

Request Number 338: Admit that the item identified at the criminal trial as LAPD evidence item 304 tested negative for DNA when tested by DOJ.

Response: Admit.

Request Number 396: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 13 matched Nicole Brown Simpson -- Nicole Brown Simpson's DNA banding pattern and all of the five single-locus probes known as MS1, MS31, MS43, G3 and YNH24 when subjected to an RFLP test by Cellmark.

Response: Admit.

Request Number 399: Admit that the blood DNA banding pattern contained in the item identified at the crime trial as LAPD evidence item 13 matched the DNA banding pattern of the blood of Nicole Brown Simpson at 11 separate loci as tested by DOJ.

Response: Admit.

Request Number 405: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 13A had an HLA DQ Alpha blood type 1.1, comma, 1.2.

Response: Admit.

Request Number 416: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 13B had an HLA DQ Alpha blood type 1.1, comma, 1.1.

Response: Admit.

Request Number 426: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 9 included HLA DQ Alpha blood type 1.1, comma, 1.2.

Request Number 427: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 9 included HLA DQ Alpha blood type 1.1, comma, 1.1. Admit --

Response: Admit. I forgot to read that item.

Request Number 428: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 9 included HLA DQ Alpha blood type 1.3, comma, 4.

Response: Admit.

Admitting these requests for admissions the defense adopts the plaintiffs' definition as communicated to the defendant as that point in time when an item was tested by an outside laboratory as opposed to the time of collection or any other point in time and the term matched is used in this and all other request for admissions means cannot be excluded as a contributor to the evidence fragment.

Thank you, Your Honor.

15 THE COURT:

Okay. Is that all of it?

16 MR. LAMBERT:

That's it.

17 THE COURT:

Okay. Any follow up with -- for admission by defense?

MR. P. BAKER: No.

18 THE COURT:

Okay. Then we're done for the day?

19 MR. PETROCELLI:

Yes.

20 MR. LAMBERT:

Yes.

21 THE COURT:

Okay.

Ladies and gentlemen, we'll resume Monday. Schedules might be a little bit up in the air, but hopefully we'll get it ironed out.

So I'll order you back at 8:30. Don't talk about the case. Don't form or express my opinions. Don't read any newspaper or other print material on the subject. Don't watch anything on television or listen to anything on the radio about this matter.

Don't let anybody talk to you about this case and don't let anybody attempt to ask you questions about this case. And if anybody makes any effort to inquire of you or to impose their opinions on you, regarding this case, please let me know. Okay?

Have a nice weekend. We will see you Monday at 8:30.

22 JUROR:

Thank you, Your Honor.

Temperature

procedural

Key Quotes (3)

Hiroshi Fujisaki
All facts which were expressly admitted by the defendant or which defendant failed to deny, must be accepted as conclusively proved.
Establishes the decisive legal weight of these admissions — the jury must treat the DNA matches as proven fact, not just evidence to weigh.
Tom Lambert
Request Number 306: Admit that the blood contained in the item identified at the criminal trial as LAPD evidence item 303 contained DNA segment which matched the DNA segment of Ronald Goldman. Response: Admit.
Simpson formally admitted that Ron Goldman's blood was found in his Bronco — one of the most damning admissions in the civil trial.
Tom Lambert
Admitting these requests for admissions the defense adopts the plaintiffs' definition... the term matched is used in this and all other request for admissions means cannot be excluded as a contributor to the evidence fragment.
The defense's qualifier — 'cannot be excluded' rather than a positive match — was their only hedge against the litany of 'Admit' responses.

Evidence (9)

LAPD item 117
Blood matching Simpson's DNA at markers D5S110, D10S28, D17S79
admitted via RFA
LAPD item 6
Blood with HLA DQ Alpha type 1.1/1.2; control tested negative
admitted via RFA
LAPD item 7
Blood with HLA DQ Alpha type 1.1/1.2; control tested negative by Cellmark
admitted via RFA
LAPD item 12
Blood matching Simpson's DNA at all five RFLP single-locus probes by Cellmark
admitted via RFA
LAPD item 13
Blood matching Nicole Brown Simpson's DNA banding pattern at 11 loci (DOJ) and 5 RFLP probes (Cellmark)
admitted via RFA
LAPD items 303 and 304
Blood matching Simpson, Ronald Goldman, and Nicole Brown Simpson — likely Bronco console swabs
admitted via RFA
+ 3 more

Notable Exchanges (2)

Tom LambertP. Baker
Brief sidebar about whether Lambert needed to re-read the defense's definitional qualifier each time; judge resolved that Lambert would read it once at the end and indicate which requests it applied to.
procedural
Tom LambertCourt Reporter
Lambert initially skipped reading the 'Admit' response for request 43; the court reporter flagged the omission mid-session.
routine

Objections

None recorded
Proceeding 8291 • 22 utterances
Civil Trial
Department 103
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📂 NOV 15, 1996 📄 Jury instruction: requests for
NOV 15, 1996 KRT DvH TD