Housekeeping: witness schedule and exhibits

📄 Housekeeping: witness schedule and exhibits — Monday, November 4, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\4\HOUSEKEEPING-WITNESS-SCHEDULE-.DOC

TRIAL

▲ Day 8 of 57

◀ Witness recall discussion Admissibility discussion: Douroux testimony ▶

Date: Monday, November 4, 1996 • Utterances: 18

Plaintiffs' counsel handled several administrative matters before the day's testimony: requesting permission to mark requests-for-admissions as exhibits, flagging a potential need to recall Dennis Fung depending on the outcome of a presumptive blood test hearing scheduled for the next morning, and noting a witness order change. Two previously stipulated exhibits (Coroner's Report and SID Sign-in sheets) were formally received into evidence.

# 1 (REGINA D. CHAVEZ, OFFICIAL REPORTER)

# 2 MR. LAMBERT:

Morning, Your Honor.

# 3 MR. PETROCELLI:

Couple of housekeeping items.

Mr. Lambert will address the court.

# 4 MR. LAMBERT:

Thank you, Your Honor.

One thing this morning, we intend to read into evidence some requests for admissions. And what I've done, Your Honor, is, I have them set forth in little packets, one each for a question and an answer, which I'll read to the jury.

And I would ask the Court to also let us mark those as exhibits so they can become part of the record of the case.

Secondly, Your Honor, in regard to presumptive blood tests, I know we've set a hearing for that before tomorrow morning on our two points of waiver and, if necessary, Kelly Frye.

I just want to alert the Court to the fact that one of the witnesses who will testify today, Dennis Fung, is the person who would ultimately testify to doing some presumptive blood tests. So I would simply ask the Court to allow me to reopen with Dennis, if the Court decides tomorrow morning that presumptive tests will be allowed into evidence, and I'll put him back on for that limited purpose then.

It is also my understanding from the defense's position, that the only thing they object to are positive presumptive tests where there is no subsequent confirming test; that is, any other evidence relating to presumptive tests is acceptable if they're agreed, that is.

# 5 MR. BLASIER:

That's correct.

# 6 MR. LAMBERT:

Finally, Your Honor, I want to put -- I'm going to put on Greg Matheson before Dennis Fung. It's slightly out of order, but Mr. Matheson has some scheduling problems, and so I'll put him on, and then Dennis Fung.

# 7 THE COURT:

Can I get a witness schedule?

# 8 MR. LAMBERT:

Pardon me?

# 9 THE COURT:

Aren't you supposed to be providing opposing party with a schedule of witnesses 48 hours ahead of time.

KEY QUOTE

# 10 MR. LAMBERT:

I've given them all the witnesses.

# 11 THE COURT:

You gave me the first list; you didn't give me one after that.

# 12 MR. PETROCELLI:

I didn't provide one to the Court. I will do so.

# 13 THE COURT:

All right. Anything else?

# 14 MR. LAMBERT:

That's it for me.

# 15 MR. KELLY:

I'm sorry; one other thing while they're coming in with regard to the end of the day Friday with Detective Vannatter. There were two exhibits that had been stipulated as to their admissibility already. I just want to move those in. And they were 387 and 721.

# 16 THE COURT:

They're received.

# 17 (The instrument previously marked as Plaintiffs' Exhibit 387, Coroner's Report, was received in evidence.)

# 18 (The instrument previously marked as Plaintiffs' Exhibit 721, Coroner's SID Sign-in sheets, was received in evidence.)

Temperature

procedural

Key Quotes (3)

Tom Lambert

I would simply ask the Court to allow me to reopen with Dennis, if the Court decides tomorrow morning that presumptive tests will be allowed into evidence, and I'll put him back on for that limited purpose then.

Sets up a contingent recall of Dennis Fung tied to the outcome of the Kelly-Frye/waiver hearing on presumptive blood test evidence.

Hiroshi Fujisaki

Aren't you supposed to be providing opposing party with a schedule of witnesses 48 hours ahead of time.

Judge admonishes plaintiffs for failing to keep the court updated on witness scheduling, a standing procedural obligation.

Robert Blasier

That's correct.

Defense confirms its narrow objection: only positive presumptive tests lacking a subsequent confirming test are contested, not presumptive test evidence generally.

Evidence (3)

Plaintiffs' 387

Coroner's Report

received in evidence

Plaintiffs' 721

Coroner's SID Sign-in sheets

received in evidence

Informal

Requests for admissions — plaintiffs sought to read into evidence and mark as exhibits

introduced/discussed

Notable Exchanges (1)

Hiroshi Fujisaki•Tom Lambert•Daniel Petrocelli

Judge pointed out that plaintiffs had not been providing updated witness schedules as required. Lambert said he gave the full list; Petrocelli acknowledged he had not been providing it to the court and agreed to do so.

mildly corrective

Objections

None recorded

Proceeding 8124 • 18 utterances

Civil Trial

Department 103