A brief sidebar in which Judge Fujisaki acknowledged he had previously admitted Exhibit 216 on incorrect grounds (as a business record) and corrected the ruling on the spot, receiving it instead under California Evidence Code section 1509 (summary of voluminous records). The attorneys helped the judge locate the correct statutory citation after some uncertainty about the exact code section number.
# 1 THE COURT: Let me see counsel on that issue.
# 2 (The following proceedings were held at the bench:) # 3 THE COURT: This is 216?
# 5 THE COURT: I'm on 216. I think there was an objection, wasn't there?
# 6 MR. LAMBERT: There was --
# 7 THE COURT: Well, I overruled it on the ruling -- apparently I think I overruled it on erroneous grounds. I think if my recollection serves me correctly without going back through the computer to find it, I ruled that it was a business record.
# 8 MR. LAMBERT: What it is, Your Honor, it's a summary, voluminous business records. It's a 12 -- I think its 1209, the summary of voluminous records exception.
# 9 MR. BLASIER: It wasn't prepared by him.
# 10 MR. LAMBERT: Doesn't have to be.
This is the same exhibit introduced at the criminal trial.
# 11 THE COURT: Doesn't make it any better.
KEY QUOTE # 12 MR. LAMBERT: No. No, I'm saying it's obviously standard, compiled of underlined records.
# 13 THE COURT: There is no 1209.
# 14 MR. LAMBERT: I must be wrong. It's the summary of voluminous records. Exception is --
# 15 MR. PETROCELLI: If it's in sequence.
# 16 MR. LAMBERT: Maybe it's 14 --
# 17 MR. PETROCELLI: It might be in the 14 hundred sequence, Judge.
# 18 THE COURT: Is it 1340?
# 19 MR. LAMBERT: Its actually called summary or voluminous records.
# 20 MR. PETROCELLI: It's 1509, Your Honor.
# 21 THE COURT: Okay. The court sets aside its previous ruling that it was a business record exception. I'll receive it under section 1509 of the evidence code. Okay.
KEY QUOTE # 22 (The following proceedings were resumed in open court in the presence of the jury:)