Recess and exhibit discussion

📄 Recess and exhibit discussion — Wednesday, November 6, 1996

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C:\DEPT103\CIVIL\1996\NOV\6\RECESS-AND-EXHIBIT-DISCUSSION.DOC

TRIAL

▲ Day 10 of 57

◀ Direct examination of Harry Scull Cross-examination of Harry Scull (part 1) ▶

Date: Wednesday, November 6, 1996 • Utterances: 28

The court took a ten-minute recess during the videotaped deposition of Harry Scull, a freelance photographer. Outside the jury's presence, Judge Fujisaki expressed frustration with the length of the video testimony. Upon returning, the defense agreed to read cross-examination passages in lieu of playing more video, and plaintiffs' counsel moved a series of Scull's photographs into evidence.

# 1 THE COURT:

Okay. Take a ten minute recess, ladies and gentlemen.

# 2 (The tape was stopped and a recess Taken.)

# 3 (Jurors exit courtroom.)

# 4 (The following proceedings were held in open court outside the presence of the jury.)

# 5 THE COURT:

Jurors left the court room. Counsel, do we have to listen to three hours of this?

# 6 MR. PETROCELLI:

The direct is only about ten more minutes.

# 7 THE COURT:

You know, if there are future videos, I would strongly recommend that counsel get together and try to limit the video testimony to something that's essential.

I mean, who cares how many rolls he's got or what the sequence of the contact prints are, you know.

# 8 MR. PETROCELLI:

In this case, Your Honor, their contention is the picture is not authentic. That's why he was taken through the steps on that. That was the only reason.

KEY QUOTE

# 9 MR. KELLY:

There's only a couple minutes left.

# 10 THE COURT:

We're on page 29 and the direct goes to page 35.

All right. I'm just saying. It's really difficult to find it very productive:

# 11 THE BAILIFF:

We're in recess.

# 12 (Jurors resume their respective seats.)

# 13 (The following proceedings were held in open court, in the presence of the jury.)

# 14 THE COURT:

Okay. How are we proceeding?

# 15 MR. PETROCELLI:

We have ten more minutes of direct on the video, and then the defense, in lieu of playing the video, has agreed to read some passages from their cross-examination, Your Honor.

# 16 THE COURT:

Okay. You may proceed.

# 17 MR. PETROCELLI:

Thank you. (Videotaped Deposition of Harry Scull resumes playing.)

# 18 MR. KELLY:

Your Honor, before we start the cross-examination, I'd like to put the exhibits up on the Elmo quickly and move them into evidence.

# 19 THE COURT:

All right.

# 20 MR. KELLY:

First of all, I'd like to do Deposition Exhibits 1, 3, 4, 5, and 6 that are cumulative, my Exhibit 724.

If we can put them on one at a time quickly, Steve.

# 21 (Mr. Foster displays series of photographs taken by freelance photographer Harry Scull on September 26, 1993.)

# 22 MR. KELLY:

That's Exhibit 1.

That's Trial Exhibit 724, also.

724, also, a series of photos.

Can you zoom in a little bit, Steve. Zoom in on that a little bit.

For example, can you do a large shot of the whole contact sheet once more?

And can you put the rest of 724 up there.

And the large shot again.

And 1931, please.

And could you go back to the first shoe one more time.

I ask that they all be moved into evidence.

# 23 THE COURT:

That's 1, 3, 4, 5, and 6?

# 24 MR. KELLY:

1, 3, 4, 5, and 6, cumulatively, our Exhibit 724.

And Deposition Exhibit No. 2 would be Exhibit 1931.

# 25 THE COURT:

Okay.

# 26 MR. KELLY:

Thank you.

# 27 (The instruments herein collectively referred to as a series of photographs taken by freelance photographer Harry Scull, taken on September 26, 1993, were marked for identification as Plaintiffs' Exhibit No. 724.)

# 28 THE COURT:

Proceed.

Temperature

procedural

Key Quotes (3)

Hiroshi Fujisaki

Counsel, do we have to listen to three hours of this?

The judge's impatience with the video deposition signals concern about trial efficiency and relevance of detailed photographic authentication testimony.

Hiroshi Fujisaki

I mean, who cares how many rolls he's got or what the sequence of the contact prints are, you know.

Rare candid editorial from the bench revealing skepticism about the granularity of the photographic authentication process.

Daniel Petrocelli

In this case, Your Honor, their contention is the picture is not authentic. That's why he was taken through the steps on that.

Explains the strategic necessity of detailed photo-authentication testimony — the defense is challenging the authenticity of Scull's photographs.

Evidence (2)

Plaintiffs' Exhibit 724

Series of photographs taken by freelance photographer Harry Scull on September 26, 1993 (cumulative of Deposition Exhibits 1, 3, 4, 5, and 6)

displayed on Elmo and moved into evidence

Plaintiffs' Exhibit 1931

Deposition Exhibit No. 2, photograph by Harry Scull

moved into evidence

Notable Exchanges (2)

Hiroshi Fujisaki•Daniel Petrocelli

Judge questioned the productivity of extended video testimony; Petrocelli defended the length by explaining the defense is contesting photo authenticity.

tense/strategic

Daniel Petrocelli•Hiroshi Fujisaki

Petrocelli announced the defense agreed to read cross-examination passages rather than play additional video, streamlining the proceedings.

cooperative

Credibility Attacks (1)

⚔ Harry Scull

authenticity challenge

Defense contesting the authenticity of Scull's photographs, which is the stated reason for the detailed chain-of-custody and process testimony during direct examination.

Objections

None recorded

Proceeding 8163 • 28 utterances

Civil Trial

Department 103