📄 Sidebar: discovery dispute — Thursday, February 6, 1997
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C:\DEPT103\CIVIL\1997\FEB\6\SIDEBAR-DISCOVERY-DISPUTE.DOC
TRIAL
▲ Day 55 of 57

Sidebar: discovery dispute

Date: Thursday, February 6, 1997 • Utterances: 24
A bench conference over a discovery dispute regarding financial records for OJ Simpson's assets. Plaintiff's counsel Gelblum argued he received only a summary of proceeds from a 'Corner Stone' transaction and lacked information about how the money was spent. The parties reached a tentative agreement: Baker would not elicit testimony about disposition of proceeds on direct if Gelblum would not raise asset-hiding accusations on cross.
1 (The following proceedings were held at the bench with the reporter:)
2 (Court reviews real time screen.)
3 THE COURT:

What is it you asked for and did not receive?

4 MR. GELBLUM:

We asked for all the details regarding the transaction. All we got was a summary, three paragraphs financial terms of how much money he got for it. We got nothing about what it was used for. We have no idea what it was used for. We asked for all the income expenses information, we didn't get it. All we had was the net worth, and the coin from the autographs, and things like that.

MR. P. BAKER: Your Honor, they asked for the Corner Stone document. That is what we spoke of yesterday. What I did was because of the various confidentiality agreements, there's a summary with the declaration of Skip Taft which itemized the number and how the money was allotted. Then because of the confidentiality agreements, we got agreements between the three other confidential parties, had Mr. Gelblum reviewed the document, and subsequent escrow instructions. That's what they asked for. That's what we complied with. This was a little bit convoluted because of the confidentiality provisions, but eventually access was given so he could look at those documents. And this is what we discussed yesterday, when it was brought up, and I said, yes, he's seen it, it's subject to a confidentiality provision. You ordered me to bring it into Court and it is in Court. But he has seen it.

KEY QUOTE
5 MR. GELBLUM:

I don't know what happened to the proceeds. I was told what he got. That's fine. I don't mind him talking about that. But what he did with it.

MR. P. BAKER: He didn't ask that.

6 MR. BAKER:

Your Honor, I will agree not to ask him what he did with the proceeds to anything if they're not going to ask him on cross-examination. All I'm trying to do is to get out, if they think that he's hiding any assets, I want him to tell them where they went. They've been accusing us of hiding assets and manipulating assets. And I assure you --

7 MR. GELBLUM:

I'm asking about disposition. If he doesn't ask on direct --

8 MR. BAKER:

On any --

9 MR. GELBLUM:

-- about the disposition of any of the proceeds --

10 MR. BAKER:

What do you have all this information, it's CNA --

11 THE COURT:

Excuse me. Let me hear what you just said you want to do.

12 MR. GELBLUM:

I was agreeing to Mr. Baker's suggestion, which is, he won't ask about what was done with any of the proceeds if I don't ask about it. That's fine.

13 THE COURT:

If you don't ask about what?

14 MR. GELBLUM:

If he doesn't want what was done with any of the proceeds on direct, I won't ask about what was done with the proceeds on cross-examination.

15 MR. BAKER:

I'll agree to that. If you're not going make an accusation that O.J. Simpson has somehow maneuvered assets and hidden assets, if they agree to make no such accusation, I would agree to that. But if they're going to get up here and tell this jury we've hidden assets, I want to go through where it all went.

KEY QUOTE
16 MR. GELBLUM:

I think we are going to argue, based on the testimony that was heard this morning from Mr. Freeman, there are revenues that came in, we don't know what was done. The reason we don't know what was done, we weren't given any of the information. It's not fair to now hear this on the stand the first time, when we haven't had access to it. That's what it boils down to. It's that simple.

17 MR. BAKER:

It isn't that simple.

18 THE COURT:

Excuse me. Was there a request for information regarding the disposition of the proceeds?

19 MR. GELBLUM:

We asked for all income and expense information.

20 MR. BAKER:

And they got it. You can trace it back. You can --they got the general ledger, Your Honor. They can trace back every item.

21 THE COURT:

You got the general ledger?

22 MR. GELBLUM:

Got the general ledger.

23 THE COURT:

Okay. If you have the general ledger --

24 MR. GELBLUM:

All it shows is income; it doesn't show -- there's nothing on any of those that show where -- this money coming in, this money is not on the general ledger at all. All the general ledger has is things from third-party vendors.

Temperature

tense

Key Quotes (3)

Peter Gelblum
We asked for all the details regarding the transaction. All we got was a summary, three paragraphs financial terms of how much money he got for it. We got nothing about what it was used for.
Frames the core discovery deficiency — plaintiffs had revenue figures but no disposition trail.
Robert Baker
If you're not going make an accusation that O.J. Simpson has somehow maneuvered assets and hidden assets, if they agree to make no such accusation, I would agree to that. But if they're going to get up here and tell this jury we've hidden assets, I want to go through where it all went.
Baker's conditional agreement reveals the defense's sensitivity to asset-hiding accusations and their desire to preemptively counter them.
Peter Gelblum
This money coming in, this money is not on the general ledger at all. All the general ledger has is things from third-party vendors.
Exposes that the general ledger Baker cited as complete disclosure actually omitted the Corner Stone proceeds entirely.

Evidence (2)

Informal
Corner Stone transaction documents — agreement with confidential parties including escrow instructions and summary declaration by Skip Taft
discussed, disputed as incomplete
Informal
General ledger for OJ Simpson's finances
cited by defense as sufficient disclosure, disputed by plaintiffs as omitting Corner Stone proceeds

Notable Exchanges (2)

Robert BakerPeter Gelblum
Baker proposes a mutual limitation — no direct testimony on disposition of proceeds if plaintiffs make no asset-hiding accusations — and Gelblum initially agrees before backing off when he realizes he does intend to argue revenues are unaccounted for.
strategic
Hiroshi FujisakiPeter Gelblum
Judge probes whether plaintiffs actually requested disposition information; Gelblum says they asked for all income/expense records but the general ledger received omitted the Corner Stone money entirely.
procedural

Objections

None recorded
Proceeding 8905 • 24 utterances
Civil Trial
Department 103
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📂 FEB 6, 1997 📄 Sidebar: discovery dispute
FEB 6, 1997 KRT DvH TD