📄 Sidebar: suspect evidence admissibility — Thursday, October 24, 1996
Address:
C:\DEPT103\CIVIL\1996\OCT\24\SIDEBAR-SUSPECT-EVIDENCE-ADMIS.DOC
TRIAL
▲ Day 2 of 57

Sidebar: suspect evidence admissibility

Date: Thursday, October 24, 1996 • Utterances: 27
Attorneys argued at the bench over whether Baker could question a witness (Thomas Talerino) about the LAPD's failure to investigate other suspects. Judge Fujisaki had previously granted a motion barring 'other killer' theories, but drew a distinction: Baker could explore that the LAPD tunnel-visioned on Simpson from the start, but could not use it as a wedge to introduce drug lord conspiracy theories or other alternative killer narratives.
1 (The following proceedings were held at the bench:)
2 MR. PETROCELLI:

The court entered an order and granting our motion in limine regarding this evidence of other killers cause it cannot be.

3 THE COURT:

Excuse me?

4 MR. PETROCELLI:

Regarding evidence of other killers, third parties because it cannot be linked up in any way to the situation in this case. And this is -- this falls squarely within that order, Your Honor. That's what we had moved on and that's what Your Honor granted.

5 MR. BAKER:

Your Honor, this is totally different. This is offered to show that the LAPD zeroed in on my client, never ever looked at any other, any other evidence. And the people that are intricately involved, the same people that are working for Mr. Silverberg and Knupp now.

6 MR. PETROCELLI:

Your Honor specifically ruled on this. This is the very sort of thing you're not able to inquire about and that's what we moved on because he cannot link it up in any way, shape or form to any of the facts of this case. He can't sit there litigating all these clues in front of the jury.

7 THE COURT:

Not scrolling up.

The two motions came, the motion that the plaintiff made with regard to any theories of other people such as a motion had to do with theories of drug lords or other people who theoretically committed this offense. That motion, I don't think, covers what any percipient witness saw with regards to a potential suspect. So long as this is not going to be the basis of concocting some theory of some drug lord, I don't have a problem with that.

8 MR. PETROCELLI:

Your Honor, that's a different motion. Number 8 is the one that's on point here that I'm referring to that we made.

9 THE COURT:

He has.

10 MR. PETROCELLI:

No, right here, Your Honor. He eliciting that the LAPD did not follow up on these clues. That's precisely what's barred unless the defendant can make an offer of proof as to what clues or leads would have produced under that case that we cited. And what he is doing is he's pointing out one clue and he can, that's 500 of them.  That was the idea of the whole motion.

11 THE COURT:

The significant difference is that this is a witness on the scene at the time at or about the time. I'm going permit the defendant to go further on that person to what that person saw. That's different from pointing to some conspiracy theory or to some other drug lord or somebody else.

12 MR. PETROCELLI:

He's gone beyond what the person saw. His point of this is what the LAPD did with regard to this information, not what -- I have no objection to the person's observations, Your Honor. That's not what I'm quarreling about. I'm quarreling about getting into LAPD's investigation of that person's information. That's not relevant under -- that falls within the order. If he wants to say what Telerino saw and heard at the time of the scene, fine. I've got no problem with that. But what's the relevance of what the LAPD did with regards to Talerino, that doesn't go anywhere. That was why we made this motion.

13 MR. BAKER:

Talerino testified that all leading to OJ Simpson, that's been on the new media. Marcia Clark had a press conference 56 hours after these murders and says there is only one suspect. And the reason there is only one suspect is because OJ Simpson was their suspect and they excluded everybody else.

I think it's relevant so have this jury understand because a big issue is being made if not OJ, who? And so I'm not saying who, but I've got to say the reason that nobody can tell is because LAPD with this -- and a bunch of other things, did not follow normal police procedures and did a very poor investigation, a very poor collection of the crime scene evidence. And obviously, what I would request is that you, if you have any problems with this, you can move to strike it afterwards.  I mean this is not, this is not the end all to the case but this is very important.

14 THE COURT:

Well, I don't want this to be your wedge. I don't want this to be the wedge by which we get into the collateral theory of drug lords. What's her name?

KEY QUOTE
15 MR. BAKER:

Faye Resnick.

16 THE COURT:

Faye Resnick, all of that other side show.

17 MR. BAKER:

Can we --

18 MR. PETROCELLI:

My point is that Thomas Talerino can come and testify and state his observations as well as any other witness, but --

19 THE COURT:

To the extent that Mr. Baker is trying to say that the police department focused on Simpson, to that extent, I will permit it.

KEY QUOTE
20 MR. BAKER:

Okay.

21 THE COURT:

It's very narrow.

22 MR. BAKER:

I understand.

23 THE COURT:

And I'm sure then that with those parameters, it is permissible.

24 MR. PETROCELLI:

For him to argue that they didn't follow up on this clue --

25 THE COURT:

No, you're to argue that they focused on Simpson and not on anybody else. They already made up their mind as to Simpson. I think that's the tenor of his argument.

26 MR. BAKER:

It is.

27 MR. PETROCELLI:

Well, we'll see.

(The following proceedings were resumed in open

court in the presence of the jury:)

Temperature

tense

Key Quotes (4)

Robert Baker
Marcia Clark had a press conference 56 hours after these murders and says there is only one suspect. And the reason there is only one suspect is because OJ Simpson was their suspect and they excluded everybody else.
Baker frames the LAPD's investigation as predetermined — a central defense argument that the evidence was built around a conclusion rather than following the evidence.
Hiroshi Fujisaki
I don't want this to be your wedge. I don't want this to be the wedge by which we get into the collateral theory of drug lords. What's her name?
Fujisaki explicitly names the slippery slope he's guarding against, and the Faye Resnick drug lord theory by implication.
Hiroshi Fujisaki
To the extent that Mr. Baker is trying to say that the police department focused on Simpson, to that extent, I will permit it. It's very narrow.
The ruling — Baker gets a narrow lane to argue LAPD tunnel vision, nothing more.
Daniel Petrocelli
If he wants to say what Telerino saw and heard at the time of the scene, fine. I've got no problem with that. But what's the relevance of what the LAPD did with regards to Talerino, that doesn't go anywhere.
Petrocelli draws a precise line between witness observations (acceptable) and LAPD investigative failures (barred under prior order).

Evidence (2)

Informal
Testimony of Thomas Talerino — a percipient witness present at or near the scene at the time of the murders
discussed — scope of permissible questioning debated
Informal
Prior court order on motions in limine barring 'other killer' theories (Motion No. 8 per Petrocelli)
cited and interpreted

Notable Exchanges (2)

Robert BakerDaniel PetrocelliHiroshi Fujisaki
Baker argues Talerino's testimony is needed to show LAPD's tunnel vision; Petrocelli argues this violates the prior order; Fujisaki threads the needle by allowing only the narrow point that LAPD focused on Simpson to the exclusion of others.
strategic
Hiroshi FujisakiRobert Baker
Fujisaki asks for Faye Resnick's name and explicitly warns Baker not to use Talerino as a wedge into the drug lord sideshow.
cautionary

Credibility Attacks (1)

⚔ LAPD
investigative bias / tunnel vision
Baker argues LAPD zeroed in on Simpson from the start (citing Marcia Clark's 56-hour press conference) and never seriously investigated other leads, undermining the integrity of the entire investigation.

Objections

None recorded
Proceeding 8010 • 27 utterances
Civil Trial
Department 103
⚖️ Start
📂 OCT 24, 1996 📄 Sidebar: suspect evidence admi
OCT 24, 1996 KRT DvH TD