📄 Jury request for testimony reread — Tuesday, February 4, 1997
Address:
C:\DEPT103\CIVIL\1997\FEB\4\JURY-REQUEST-FOR-TESTIMONY-RER.DOC
TRIAL
▲ Day 53 of 57

Jury request for testimony reread

Examiner: Examiner
Date: Tuesday, February 4, 1997 • Utterances: 56
The jury submitted multiple requests for testimony readbacks. Counsel debated the precise page and line ranges for each requested segment, including OJ Simpson's direct testimony about his activities between 9:45 and 11pm, Alan Parks' direct testimony about his arrival at Rockingham, J. Kelly's direct of Simpson regarding the January 1 incident, and Al Cowlings' direct about the same incident. The judge resolved disputes, overruled Baker's objection to including certain lines, and directed the court reporter to begin reading back.
1 THE COURT:

All right. The Court has provided counsel with the request for reread by the jury. And counsel have some objections, go ahead and state them.

MR. P. BAKER: Your Honor in terms of the -- I've been looking through the third element that's the direct testimony of Mr. Simpson, on November 25, and I looked at the tentative proposal by the Court Reporter regarding the rereads. There's a couple areas which I think were missed and that was line 35 or page 35 line 22 through 38 line 8, basically is Mr. Simpson--my response regarding his whereabouts, and what I would propose is that the reread be 35 line 22 through 38 line 8, 45 line 9 through 49.

2 THE COURT:

Wait a minute. Page 35 line.

MR. P. BAKER: 22 through 38 line 8, 45 line 9 through 49 line 25, 51 line 5, through 54 line 5,

3 THE COURT:

Would you slow down.

MR. P. BAKER: Sure.

4 THE COURT:

51 what?

MR. P. BAKER: Line 5 through 54 line 5. And 57 line 9 through 59 line 6. I know the plaintiff's have proposed a great deal more testimony, but I believe this is responsive to the jury's request. As to issue number--as to the read back No. 3.

5 THE COURT:

Now is your request as to the second or third part--second or third request, third request?

MR. P. BAKER: The third request. The second request, I believe, Steve has got that cued up so that the recording tape will start on page 28 on -- start on line 1 and stop on line 25. I was basically trying to do the third request, O.J. Simpson direct testimony 11/25/96.

6 THE COURT:

Okay. Plaintiff.

7 MR. PETROCELLI:

Yes, we're not clear what is -- what the jury wants to hear there. We've identified that part of Mr. Simpson's testimony on direct that discusss what he did between those time periods and what we have is as follows: Starting with page 15 line 14 through 29 line 7, skipping over to 29 line 10, through 38 line 25 and then picking up again at page 42 line 9 and going out to 99 line 2. Now all of that discusses what Mr. Simpson allegedly did between 9:45 and 11 o'clock p.m.

8 THE COURT:

All right the reporter will read from page 15 line 14 through page 29 line 7 page 29 line 10 through page 38 line 8 and 42 line 9 through 99 line 2.

9 THE COURT:

Anything else?

10 MR. PETROCELLI:

Yeah Your Honor, the first request on this sheet says Alan Parks direct testimony. Arrival at Rockingham to the end, and that covers pages 8 to 78. The defense wants to include the cross-examination as well, but the jury has not requested the cross-examine.

11 MR. BAKER:

It says to the end.

12 MR. LAMBERT:

Of the direct.

13 MR. PETROCELLI:

To the end of the direct.

14 THE COURT:

I'll inquire of the jury whether they want the cross-examination or they want just the direct and they'll get what they ask for, no more no less. What else?

KEY QUOTE
15 MR. PETROCELLI:

That's it.

16 THE COURT:

Are we in agreement on the item number 4, Mr. Baker, do we have on 4,

17 MR. PETROCELLI:

Your Honor we propose page 25 to page 41.

18 THE COURT:

Excuse me.

19 MR. PETROCELLI:

Pages 25 through--

20 THE COURT:

Which one?

21 MR. PETROCELLI:

Item number 4, the 11/26 J Kelly direct of Mr. Simpson regarding the January 1 incident.

22 THE COURT:

What pages?

23 MR. PETROCELLI:

25 to 4.

MR. P. BAKER: Are you including page 25 line 1 through 3?

24 MR. PETROCELLI:

Yes, beginning of page 25.

MR. P. BAKER: We object to that. Mr. Simpson, this lost person you refer to -- that's a double murder, answer no.

25 MR. PETROCELLI:

Wherever the subject begins.

26 MR. GELBLUM:

Kelly starts at line 26 on that page.

27 MR. PETROCELLI:

Starting at line 26.

28 THE COURT:

All right.

29 MR. PETROCELLI:

Moving on to the last item, 12/3 Cowlings direct, we propose, 103 line 18 through page 154.

30 THE COURT:

Say that again.

31 MR. BAKER:

Through what page?

32 MR. PETROCELLI:

103 line 18.

33 THE COURT:

To?

34 MR. PETROCELLI:

Page 154. Is that right to --

35 MR. LAMBERT:

Yeah, I think so. That appears to be responsive.

36 THE COURT:

154 is the end of the direct.

37 MR. LAMBERT:

Yes.

MR. P. BAKER: We'd like the same question posed to the jury where --

38 MR. BAKER:

Where it's the end of direct, end of testimony.

MR. P. BAKER: That issue doesn't matter.

39 THE COURT:

Bring the jury out.

40 (Jurors resume their respective seats.)
41 THE COURT:

Morning ladies and gentlemen.

42 JUROR:

Good morning Your Honor.

43 THE COURT:

Okay some clarification with regards to your request. The -- excuse me, the first request, Alan Parks direct testimony from arrival at Rockingham to the end, 11 slash 20 slash 96. Does the jury want only the direct examination testimony or also the cross-examination? JUROR: Just the direct.

44 THE COURT:

Just the direct. All right, the reporter will read back just the direct of that portion. With regard--with regards to O.J. Simpson direct testimony 11 slash 25 slash 96, re his activities between 9:45 and 11 o'clock, the Court discussed the matter with counsel and the Court will be having the reporter read back portions of the testimony that appear to relate to those letters. Now, if after rereading of any portion, or all of the testimony that it--gets read back to you, if you still have a question as to any part that was not read back to you, give me another note on it okay? Then similarly as to the request of 11 slash, 26 J Kelly direct of O.J. Simpson re January 1 incident, I've also directed the reporter to read back certain portions after consulting with the attorneys. And there again, if after hearing the reread, you feel there are additional portions of that that you anticipated having reread that wasn't read to you, confer and give me another note on that. And finally on the last one 12, slash, 3, Al Cowlings' direct testimony re January 1 incident from arrival at Rockingham to the end. Is it the jury's desire to hear the direct testimony only or also the cross-examination? JUROR: Direct only Your Honor.

45 THE COURT:

Direct only. Okay. Reporter directed to give the direct only. Are you ready to proceed?

THE COURT REPORTER: I need to put one disc in here and I'm ready to proceed.

46 THE COURT:

Okay. Go ahead. With regards to the defense request portions, they are included in the portions requested by the plaintiff. So you don't have to read them separately, just read them straight through. That would be 15 line 14 through 29 line 7 line 10 through 38 line 8, and 42 line 9 through 99 line 2. That includes all of the defense request as well.

47 MR. PETROCELLI:

Actually we had asked 38 through line 25 not line 8.

48 THE COURT:

You said line 5?

49 MR. PETROCELLI:

Line 25.

50 THE COURT:

Make that 29 line 10 through 38 line 25. That would include the defense request as well.

51 MR. BAKER:

We want to line 8.

52 THE COURT:

We'll go to 25. Includes everything everybody request.

KEY QUOTE
53 MR. BAKER:

I object to lines 20 through 28 Your Honor. That has nothing to do with what they requested.

KEY QUOTE
54 THE COURT:

Overruled. Okay. The rest of your request we read as you wrote it it down, and you'll also hear the recording as you requested. Of Lange-Simpson interview of June 13, 94. Page 28 lines 1 through 25 of the transcript, item 782. Okay, reporter may read Alan Parks direct testimony.

55 THE REPORTER:

(Reading:) ALLAN PARK, called as a witness on behalf of Plaintiffs, was duly sworn and testified as follows: DIRECT EXAMINATION BY MR. PETROCELLI:

56 Q:

Morning, Mr. Park.

Temperature

procedural

Key Quotes (4)

Hiroshi Fujisaki
I'll inquire of the jury whether they want the cross-examination or they want just the direct and they'll get what they ask for, no more no less.
Judge enforcing strict adherence to the jury's actual request, rejecting the defense's attempt to include cross-examination.
MR. BAKER
I object to lines 20 through 28 Your Honor. That has nothing to do with what they requested.
Defense attempting to narrow the scope of Simpson's testimony read back to the jury; overruled.
Hiroshi Fujisaki
We'll go to 25. Includes everything everybody request.
Judge resolving the dispute by adopting the broader range, ensuring all requested material was covered.
Hiroshi Fujisaki
Now, if after rereading of any portion, or all of the testimony that it--gets read back to you, if you still have a question as to any part that was not read back to you, give me another note on it okay?
Judge leaving the door open for follow-up jury requests, signaling the readbacks may not fully satisfy the jury's questions.

Evidence (1)

Item 782
Transcript of the Lange-Simpson interview of June 13, 1994, page 28 lines 1 through 25
directed for readback by recording

Notable Exchanges (2)

MR. BAKERMR. PETROCELLIHiroshi Fujisaki
Dispute over the end line of OJ Simpson's direct testimony readback (line 8 vs. line 25). Petrocelli corrected the court mid-ruling; Baker pushed back; judge went with line 25 to capture all requested content.
strategic
MR. PETROCELLIMR. BAKER
Dispute over whether Alan Parks and Al Cowlings readbacks should include cross-examination. Defense argued 'to the end' meant end of testimony; plaintiff argued end of direct. Judge put the question directly to the jury, who confirmed direct only.
strategic

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 8874 • 56 utterances
Civil Trial
Department 103
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