Sidebar: exhibit usage

📄 Sidebar: exhibit usage — Thursday, October 24, 1996

Address:

C:\DEPT103\CIVIL\1996\OCT\24\SIDEBAR-EXHIBIT-USAGE.DOC

TRIAL

▲ Day 2 of 57

◀ Jury resumption Opening statement — Baker (part 2) ▶

Date: Thursday, October 24, 1996 • Utterances: 29

During a sidebar before or during Baker's opening statement, Petrocelli objected to Baker using a plaintiff exhibit — a Bundy crime scene diagram — before the plaintiffs had introduced it themselves. Baker argued the diagram originated in the criminal trial and was public record. Fujisaki allowed Baker to use it, quipping at the end that it's 'a better exhibit' — essentially acknowledging why Baker wanted it.

# 1 MR. PETROCELLI:

I don't want to interrupt Mr. Baker during his opening. In regard to the use of the exhibits during opening, I told Mr. Baker I didn't have any problem with him using the two boards that I referred to yesterday in opening. But he would like to use at least one, and perhaps other plaintiff exhibits, that we have not yet referred to and not yet used and I don't believe that that's appropriate. I think we should be the first ones to introduce those exhibits and use them.

# 2 THE COURT:

What is it?

# 3 MR. BAKER:

It is just a diagram of Bundy. That's all it is.

# 4 MR. PETROCELLI:

I would like to see it.

# 5 THE COURT:

If it's just a diagram.

# 6 MR. PETROCELLI:

It's more than a diagram.

# 7 MR. BAKER:

I'm covering all that up.

# 8 MR. PETROCELLI:

It has all the locations of footprints and evidence and it's a chart that we would like to explain for the first time when we introduce it. It's not just a mere diagram like these maps. I'm happy to show it to Your Honor if you would like to see it.

# 9 THE COURT:

Are you going to use it in the opening in all that stuff?

# 10 MR. BAKER:

No.

# 11 THE COURT:

What portion are you going to use?

# 12 MR. BAKER:

I'm going to use the portions that shows where the bodies are. I'm going to show the portion that shows where the gate is. I'm going to use to diagrammatically indicate the kind of struggle went on, how long it went on in this closed in area. They put it at a minute. Our people put it at 10, 15 minutes, that's what it's for.

# 13 MR. PETROCELLI:

That's the point, I think they should use their own exhibits. This one's specially made for one of our witnesses who will explain what it means. I don't think they have a right to use our exhibits for his opening statements.

# 14 MR. BAKER:

This was made and introduced in the criminal trial. This is the taxpayer's exhibits.

KEY QUOTE

# 15 THE COURT:

It's in existence?

# 16 MR. BAKER:

Sure, it was in existence.

# 17 MR. PETROCELLI:

What's your question?

# 18 THE COURT:

It's not an exhibit created by you.

# 19 MR. PETROCELLI:

It's an exhibit created by request for the prosecution team.

# 20 THE COURT:

Have they added something to that exhibit?

# 21 MR. PETROCELLI:

No.

# 22 THE COURT:

Okay. You can use it.

# 23 MR. BAKER:

Thank you.

# 24 MR. PETROCELLI:

Can it at least be limited? He can't talk about the footprint. It's a real footprint picture.

# 25 MR. BAKER:

I'm not going to talk about the prints, not as it relates to the diagram because when they say the drops are to the left, I'm not going to be precluded from that. I don't care if the things are this or not on the diagram.

# 26 MR. PETROCELLI:

There must be a lot of defense exhibits that you can use other than that one.

# 27 THE COURT:

If this is an exhibit used in a criminal trial, I don't see why I should preclude him from using it.

# 28 MR. PETROCELLI:

Well, Your Honor, I think it's appropriate that we have our witness explain what it means before it's used, in effect, against us. That's my objection. I think that's lots and lots of exhibits that the defense has that were used in the criminal trial. Why do they have to use this one, that's all I'm saying. We ought to have the right to put on with our witness.

# 29 THE COURT:

It's a better exhibit.

KEY QUOTE

Temperature

tense

Key Quotes (3)

Daniel Petrocelli

This one's specially made for one of our witnesses who will explain what it means. I don't think they have a right to use our exhibits for his opening statements.

Core objection: plaintiffs want to control the narrative around their own evidence before the defense can frame it first.

Robert Baker

This was made and introduced in the criminal trial. This is the taxpayer's exhibits.

Baker's counter-argument — the exhibit belongs to the public record, not to either party.

Hiroshi Fujisaki

It's a better exhibit.

Dry, candid aside that implicitly validates why Baker wanted it and why Petrocelli didn't want him to have it.

Evidence (1)

Informal

Bundy crime scene diagram showing body locations, gate position, footprints, and blood drops — originated in the criminal trial

disputed, then permitted for defense use in opening

Notable Exchanges (2)

Daniel Petrocelli•Robert Baker•Hiroshi Fujisaki

Petrocelli argued the diagram was specially prepared for a plaintiff witness and should not be used by the defense before that witness could explain it. Baker countered it was a criminal trial exhibit belonging to the public. Fujisaki sided with Baker.

strategic

Hiroshi Fujisaki•Daniel Petrocelli

After Petrocelli continued pressing — 'Why do they have to use this one' — Fujisaki ended the argument with 'It's a better exhibit,' a matter-of-fact acknowledgment that the exhibit's quality was precisely why both sides wanted to control it.

dry/decisive

Light Moments (1)

Hiroshi Fujisaki

Fujisaki's closing line 'It's a better exhibit' — a blunt, almost amused observation that cuts through Petrocelli's protest.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 8005 • 29 utterances

Civil Trial

Department 103