📄 Jury resumption and exhibit motions — Tuesday, November 19, 1996
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C:\DEPT103\CIVIL\1996\NOV\19\JURY-RESUMPTION-AND-EXHIBIT-MO.DOC
TRIAL
▲ Day 18 of 57

Jury resumption and exhibit motions

Date: Tuesday, November 19, 1996 • Utterances: 8
At the resumption of jury proceedings, plaintiff's attorney John Kelly moved to admit three exhibits into evidence: a 1993 tape recording, the Sergeant Lally tape, and a photograph of 325 Gretna Green Way. Defense objected to the Lally tape on foundational and hearsay grounds, but Judge Fujisaki overruled and admitted all three exhibits.
1 (Jurors resume their respective seats.)
2 (The following proceedings were held in open court, in the presence of the jury.)
3 MR. KELLY:

Judge, before I call the next witness, I want to move in Exhibit Number 16, which was the October 25, 1993 tape, into evidence; Exhibit 757, which was the Sergeant Lally tape we just listened to; and Exhibit 2195, which was the photograph of the front of 325 Gretna Green Way.

4 MR. BAKER:

Your Honor, I object to the Lally tape on the grounds there's no foundation, no chain of custody. It is hearsay. It is not a business records exception.

KEY QUOTE
5 THE COURT:

Overruled. Received.

KEY QUOTE
6 (The instrument previously marked as Plaintiffs' Exhibit 16 was received in evidence.)
7 (The instrument previously marked as Plaintiffs' Exhibit 757 was received in evidence.)
8 (The instrument previously marked as Plaintiffs' Exhibit 2195 was received in evidence.)

Temperature

procedural

Key Quotes (2)

Robert Baker
I object to the Lally tape on the grounds there's no foundation, no chain of custody. It is hearsay. It is not a business records exception.
Defense challenged the admissibility of the Lally tape on multiple grounds simultaneously, a kitchen-sink objection that was nonetheless quickly overruled.
Hiroshi Fujisaki
Overruled. Received.
Fujisaki's characteristically terse ruling admitted all three exhibits without elaboration.

Evidence (3)

Plaintiffs' 16
October 25, 1993 tape recording
admitted into evidence
Plaintiffs' 757
Sergeant Lally tape
admitted into evidence over defense objection
Plaintiffs' 2195
Photograph of the front of 325 Gretna Green Way
admitted into evidence

Notable Exchanges (1)

Robert BakerHiroshi Fujisaki
Baker raised a multi-pronged objection to the Lally tape citing lack of foundation, chain of custody, and hearsay; Fujisaki overruled with a two-word ruling.
routine/brisk

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 8331 • 8 utterances
Civil Trial
Department 103
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📂 NOV 19, 1996 📄 Jury resumption and exhibit mo
NOV 19, 1996 KRT DvH TD