📄 Exhibit marking — Tuesday, November 5, 1996
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C:\DEPT103\CIVIL\1996\NOV\5\EXHIBIT-MARKING.DOC
TRIAL
▲ Day 9 of 57

Exhibit marking

Date: Tuesday, November 5, 1996 • Utterances: 37
Plaintiff's counsel Peter Gelblum converted deposition exhibit numbers into trial exhibit numbers for a series of documents related to the Bloomingdale's glove purchase, then moved them into evidence and displayed key exhibits on the Elmo projector for the jury. The proceeding was largely administrative, with a brief objection from defense counsel Baker that was quickly overruled.
1 MR. GELBLUM:

Your Honor, we wanted to in court, convert deposition exhibit numbers into trial exhibit numbers.

2 THE COURT:

Okay.

3 MR. GELBLUM:

Deposition Exhibits 1-A and 1-B are photographs of the Rockingham glove. That glove is already in evidence as Exhibit 204 here.

Deposition Exhibits 2-A and 2-B are photographs of the Bundy glove, which is already in evidence as Exhibit 129.

Deposition Exhibit 3 is our exhibit here, 1784, which is a new one.

KEY QUOTE
4 (The instrument herein referred to as a Printout was marked for identification as Plaintiffs' Exhibit No. 1784.)
5 MR. GELBLUM:

Deposition Exhibit 4 is a Trial Exhibit 389.

6 (The instrument herein referred to as Receipt from Bloomingdale's was marked for identification as Plaintiffs' Exhibit No. 389.)
7 MR. GELBLUM:

Deposition Exhibit 5 is Trial Exhibit 390.

8 (The instrument herein referred to as Blow-up of document entitled 'Bloomingdale's Glove Purchase' was marked for identification as Plaintiffs' Exhibit No. 390.)
9 MR. GELBLUM:

Deposition Exhibit 6, we'll need a new number, which is -- which would be 2143.

10 (The instrument herein referred to as Copy of check digit calculations was marked for identification as Plaintiffs' Exhibit No. 2143.)
11 MR. GELBLUM:

Deposition Exhibit 6-B would be 2144.

12 (The instrument herein referred to as Copy of check digit calculations was marked for identification as Plaintiffs' Exhibit No. 2144.)
13 MR. GELBLUM:

Deposition Exhibit 6-C would be 2145.

14 (The instrument herein referred to as Copy of printout was marked for identification as Plaintiffs' Exhibit No. 2145.)
15 MR. GELBLUM:

And we would move all those into evidence.

And I would also like to quickly put a couple up on the Elmo, so the jury can see them more clearly from that. Okay?

16 THE COURT:

Okay.

17 (The instrument previously marked as Plaintiffs' Exhibit 389 was received in evidence.)
18 (The instrument previously marked as Plaintiffs' Exhibit 390 was received in evidence.)
19 (The instrument previously marked as Plaintiffs' Exhibit 1784 was received in evidence.)
20 (The instrument previously marked as Plaintiffs' Exhibit 2143 was received in evidence.)
21 (The instrument previously marked as Plaintiffs' Exhibit 2144 was received in evidence.)
22 (The instrument previously marked as Plaintiffs' Exhibit 2145 was received in evidence.)
23 MR. BAKER:

I'm going to object to this, Your Honor. We weren't able to pass charts.

KEY QUOTE
24 THE COURT:

Excuse me?

25 MR. BAKER:

I'm going to object to this. We weren't able to pass charts.

26 THE COURT:

What were you going to do?

27 MR. GELBLUM:

Put a couple exhibits up on the Elmo, on the screen, so the jury can see them.

28 THE COURT:

All right; it's not passing charts. Put them on the Elmo.

KEY QUOTE
29 MR. GELBLUM:

This one is exhibit 389, Trial Exhibit 389. That's the receipt.

30 (Exhibit 389 displayed on Elmo.)
31 MR. GELBLUM:

Next one is Exhibit 390.

There you go.

32 (Exhibit 390 displayed on Elmo.)
33 MR. GELBLUM:

Can you focus on the signature there.

Next is Deposition Exhibit 6, which is 2143.

That's it, Your Honor.

34 THE COURT:

Um-hum.

35 MR. GELBLUM:

Again, we move those into evidence.

36 THE COURT:

Proceed.

37 MR. GELBLUM:

Thank you.

Temperature

procedural

Key Quotes (3)

Peter Gelblum
Deposition Exhibits 1-A and 1-B are photographs of the Rockingham glove. That glove is already in evidence as Exhibit 204 here.
Establishes the cross-referencing of deposition and trial exhibit numbers for the Rockingham glove photographs, a central piece of physical evidence.
Robert Baker
I'm going to object to this, Your Honor. We weren't able to pass charts.
Defense objects on procedural grounds, implying inconsistent treatment — they were denied the ability to distribute charts to the jury.
Hiroshi Fujisaki
All right; it's not passing charts. Put them on the Elmo.
Fujisaki quickly dismisses the objection by distinguishing between projecting exhibits and passing physical charts.

Evidence (8)

Plaintiffs' Exhibit 204
Photographs of the Rockingham glove (Deposition Exhibits 1-A and 1-B)
already in evidence, cross-referenced
Plaintiffs' Exhibit 129
Photographs of the Bundy glove (Deposition Exhibits 2-A and 2-B)
already in evidence, cross-referenced
Plaintiffs' Exhibit 1784
Printout (Deposition Exhibit 3)
marked and admitted
Plaintiffs' Exhibit 389
Receipt from Bloomingdale's (Deposition Exhibit 4)
marked, admitted, and displayed on Elmo
Plaintiffs' Exhibit 390
Blow-up of document entitled 'Bloomingdale's Glove Purchase' (Deposition Exhibit 5)
marked, admitted, and displayed on Elmo
Plaintiffs' Exhibit 2143
Copy of check digit calculations (Deposition Exhibit 6)
marked, admitted, and displayed on Elmo
+ 2 more

Notable Exchanges (1)

Robert BakerHiroshi Fujisaki
Baker objected that the defense was not allowed to pass charts, implying unfair treatment. Fujisaki swiftly distinguished projecting via Elmo from passing physical charts and overruled the objection.
strategic

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 8147 • 37 utterances
Civil Trial
Department 103
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📂 NOV 5, 1996 📄 Exhibit marking
NOV 5, 1996 KRT DvH TD