📄 Admissions: requests read and received — Monday, November 4, 1996
Address:
C:\DEPT103\CIVIL\1996\NOV\4\ADMISSIONS-REQUESTS-READ-AND-R.DOC
TRIAL
▲ Day 8 of 57

Admissions: requests read and received

Date: Monday, November 4, 1996 • Utterances: 26
Tom Lambert read into the record a series of requests for admissions from Fredric Goldman's first set directed at O.J. Simpson, covering Simpson's own blood type and the blood typing of LAPD evidence items 47, 48, 49, 50, and 52. Simpson admitted all requests, but the defense attached a recurring qualification to each item-related admission: that the blood type was established at the time tested by an outside laboratory, not at the time of collection. The exhibits (2112–2129) were marked and received over a brief objection from Baker.
1 MR. LAMBERT:

With the Court's permission, we'd like to read from "Requests for admissions."

2 THE COURT:

Ladies and gentlemen, in a civil case, there are several ways that non-courtroom testimony comes in. One of the ways is when one party serves upon another party a request for admissions; and the other party responds. And in that instance the question and the response is received just as though it was given here in court and it's given to you just as though it were evidence. Everyone -- everybody understand that?

THE JURORS: Yes.

KEY QUOTE
3 MR. LAMBERT:

(Reading:).

Plaintiff Fredric Goldman first set of admission. It's directed at Defendant Orenthal James Simpson to 22033 of the California Civil Code of Procedure.

Fredric Goldman requests that defendant, Orenthal James Simpson, admit the following matters of fact:

Request No. 196: Admit that your ABO blood type is A.

Defendant's response: Admit.

Request No. 194: Admit that your EAP blood type is EA.

Defendant's response: Admit.

Request number 213: Admit that you have an ESE blood type 1.

Defendant's response: Admit.

Request No. 195: Admit that your phosphoglucomutase, here and after, PGM blood type 2 plus 2 minus.

Defendant response: Admit.

Request number 205: Admit that the item identified at the criminal trial as LAPD evidence item 49 contained human blood that had an ABO type A.

Defendant's response: Admit.

In admitting this request for admission the defense will adopt the plaintiff's 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.

Request number 203: Admit that the item identified at the criminal trial as LAPD evidence item 49 contained human blood that had an EAP blood type of BA.

Defendant's response: Admit.

In admitting that request for admission, the defense will adopt the plaintiff's 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 for any other point in time.

Request number 212: Admit that the item identified at the criminal trial as LAPD evidence item 49 contained human blood that had an ESE blood type 1.

Defendant's response: Admit.

In admitting this request for admission, the defense will adopt the plaintiff's 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 of time.

Request number 204: Admit that the item identified at the criminal trial as LAPD evidence item 49 contained human blood that had a PGM blood sub type of 2 plus, 2 minus.

Defendant's response: Admit.

In admitting request for admission, the defense will adopt the plaintiff's 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.

Request No. 199: Admit that the item identified at the criminal trial as LAPD evidence item 47, contained human blood that had an ABO blood type A.

Defendant's response: Admit.

In admitting this request for admission, the defense will adopt the plaintiff's 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 for or any other point in time.

Request No. 198: Admit that the item identified at the criminal trial as LAPD evidence item 47, contained human blood that had a PGM blood sub type of 2 plus, 2 minus.

Defendant's response: Admit.

In admitting this request for admission, the defense will adopt the plaintiff's 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.

Request number 202: Admit that the item identified at the criminal trial as LAPD evidence item 48 contained human blood that had an ABO blood type A.

Defendant's response: Admit.

In admitting this request for admission, defense will adopt the plaintiff's 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.

Request number 201: Admit that the item identified at the criminal trial as LAPD evidence item 48, contained human blood that had a PGM blood sub type of 2 plus, 2 minus.

Defendant's response: Admit.

In admitting this request for admission, the defense will adopt the plaintiff's 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.

Request number 208: Admit that the item identified at the criminal trial as LAPD evidence item 50 contained human blood that had an ABO blood type A.

Defendant's response: Admit.

In admitting this request for admission, the defense will adopt the plaintiff's 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.

Request number 206: Admit that the item identified at the criminal trial as LAPD evidence item 50 contained human blood that had an EAP blood type BA.

Defendant's response: Admit.

In admitting this request for admission, the defense will adopt the plaintiff's definition as communicated to the defendant as that point in time when an item was tested by an outside laboratory as opposed to time of collection or any other point this time.

Request number 207: Admit that the item identified at the criminal trial as LAPD evidence item number 50, contained human blood that had a PGM blood subtype of 2 plus, 2 minus.

Defendant's response: Admit.

In admitting this request for admission, the defense will adopt the plaintiff's 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.

Request number 211: Admit that the item identified at the criminal trial as LAPD evidence item 52, contained human blood that had an ABO blood type A.

Defendant's response: Admit.

In admitting this request for admission, the defense will adopt the plaintiff's 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.

Request number 209: Admit that the item identified at the criminal trial as LAPD evidence item 52, contained human blood that had an EAP blood type of BA.

Defendant's response: Admit.

In admitting this request for admission, the defense will adopt the plaintiff's 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.

Request No. 210: Admit that the item identified at the criminal trial as LAPD evidence item 52, contained human blood that had a PGM blood sub type of 2 plus, 2 minus.

Defendant's response: Admit.

In admitting that request for admission, the defense will adopt the plaintiff's definition as communicated to the defendant as that point in time when an item was tested by an outside laboratory opposed to the time of collection or any other point in time.

4 MR. LAMBERT:

And I would ask Your Honor that these requests for admissions be marked exhibits 2112 through 2129 and be received into evidence.

5 MR. BAKER:

I would object to them being received into evidence.

6 THE COURT:

Is there anything in them aside from what you've just read?

7 MR. LAMBERT:

No. It's the same thing.

8 THE COURT:

Okay. They'll be received.

9 (The instrument herein referred to as Request No. 196 was marked for identification and received as Plaintiffs' Exhibit No. 2112.)
10 (The instrument herein referred to as Request No. 194 was marked for identification and received as Plaintiffs' Exhibit No. 2113.)
11 (The instrument herein referred to as Request No. 213 was marked for identification as Plaintiffs' Exhibit No. 2114.)
12 (The instrument herein referred to as Request No. 195 was marked for identification and received as Plaintiffs' Exhibit No. 2115.)
13 (The instrument herein referred to as Request No. 205 was marked for identification and received as Plaintiffs' Exhibit No. 2116.)
14 (The instrument herein referred to as Request No. 203 was marked for identification and received as Plaintiffs' Exhibit No. 2117.)
15 (The instrument herein referred to as Request No. 212 was marked for identification and received as Plaintiffs' Exhibit No. 2118.)
16 (The instrument herein referred to as Request No. 204 was marked for identification and received as Plaintiffs' Exhibit No. 2119.)
17 (The instrument herein referred to as Request No. 199 was marked for identification and received as Plaintiffs' Exhibit No. 2120.)
18 (The instrument herein referred to as Request No. 198 was marked for identification and received as Plaintiffs' Exhibit No. 2121.)
19 (The instrument herein referred to as Request No. 202 was marked for identification and received as Plaintiffs' Exhibit No. 2122.)
20 (The instrument herein referred to as Request No. 201 was marked for identification and received as Plaintiffs' Exhibit No. 2123.)
21 (The instrument herein referred to as Request No. 208 was marked for identification and received as Plaintiffs' Exhibit No. 2124.)
22 (The instrument herein referred to as Request No. 206 was marked for identification and received as Plaintiffs' Exhibit No. 2125.)
23 (The instrument herein referred to as Request No. 207 was marked for identification and received as Plaintiffs' Exhibit No. 2126.)
24 (The instrument herein referred to as Request No. 209 was marked for identification and received as Plaintiffs' Exhibit No. 2127.)
25 (The instrument herein referred to as Request No. 210 was marked for identification and received as Plaintiffs' Exhibit No. 2128.)
26 (The instrument herein referred to as Request No. 211 was marked for identification and received as Plaintiffs' Exhibit No. 2129.)

Temperature

procedural

Key Quotes (3)

Tom Lambert
In admitting this request for admission the defense will adopt the plaintiff's 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.
The defense's repeated qualification preserves its contamination/degradation argument — admitting the blood typing results while implicitly reserving the claim that the blood may not have been in that condition when originally collected.
Hiroshi Fujisaki
Ladies and gentlemen, in a civil case, there are several ways that non-courtroom testimony comes in. One of the ways is when one party serves upon another party a request for admissions; and the other party responds. And in that instance the question and the response is received just as though it was given here in court.
Fujisaki's plain-language instruction to the jury, framing the admissions as equivalent to live testimony — giving them full evidentiary weight.
Tom Lambert
Request No. 196: Admit that your ABO blood type is A. Defendant's response: Admit.
Simpson formally admits his blood type as ABO type A, the same type found in the blood on multiple LAPD evidence items, establishing the foundation for the blood matching argument.

Evidence (6)

Plaintiffs' 2112–2115
Simpson's own blood type admissions: ABO type A, EAP type EA, ESE type 1, PGM type 2+2-
read into record and received
Plaintiffs' 2116–2119
LAPD evidence item 49 — admitted to contain blood with ABO type A, EAP type BA, ESE type 1, PGM 2+2-
read into record and received
Plaintiffs' 2120–2121
LAPD evidence item 47 — admitted to contain blood with ABO type A, PGM 2+2-
read into record and received
Plaintiffs' 2122–2123
LAPD evidence item 48 — admitted to contain blood with ABO type A, PGM 2+2-
read into record and received
Plaintiffs' 2124–2126
LAPD evidence item 50 — admitted to contain blood with ABO type A, EAP type BA, PGM 2+2-
read into record and received
Plaintiffs' 2127–2129
LAPD evidence item 52 — admitted to contain blood with ABO type A, EAP type BA, PGM 2+2-
read into record and received

Notable Exchanges (1)

Tom LambertRobert BakerHiroshi Fujisaki
After Lambert asked that the requests be marked and received as exhibits, Baker objected. Fujisaki asked whether the documents contained anything beyond what had already been read aloud; Lambert said no; Fujisaki admitted them.
routine, Baker's objection quickly dispatched

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 8129 • 26 utterances
Civil Trial
Department 103
⚖️ Start
📂 NOV 4, 1996 📄 Admissions: requests read and
NOV 4, 1996 KRT DvH TD