Counsel asked you about the Scull and the Flammer photos, and whether you were asked to compare them. You've seen, of course, the Scull photos and the Flammer photos?
Yes; the characteristics would be what I have described. The characteristics of the sole and upper, and inasmuch as both of them are Lorenzo -- Bruno Magli Lorenzo shoes, of course, the characteristics would be the same.
(BY MR.
MR. MEDVENE) Let's step back for a moment and take a section. When you say "characteristics," when you use that language in your report, what that does that mean?
The shoes in the Scull photographs and the Flammer photographs are Bruno Magli Lorenzo shoes, which are black.
KEY QUOTEOkay. Could you explain to me what you observed in that regard? Or, let me ask it this way, just to move it along: Did you observe any differences in the specific characteristics that you identified in the Scull photo, from those characteristics you were able to identify in the Flammer photos?
No, I didn't observe any differences, or I wouldn't have reached the conclusion I reached.
KEY QUOTETHE COURT: Okay. Ladies and gentlemen, we're going to take a brief recess. Don't talk about the case. Don't form or express any opinion. You may step down. (Recess.) (Jurors resume their respective seats.)
Received. (The instrument previously marked as Plaintiffs' Exhibit 2407 was received in evidence.) (The instrument previously marked as Plaintiffs' Exhibit 2408 was received in evidence.)
Your Honor, we have a stipulation with the defense that Exhibit 821 may be received. It is a video dated June 28, 1994, about which there was some prior testimony. So there's a stipulation to that effect.
All right. (The instrument previously marked as Plaintiffs' Exhibit 821 for identification was received in evidence.)
All right. And at this point, the plaintiffs' rest their rebuttal case.
MR. P. BAKER: The defense is going to read a stipulation to the jury.
MR. P. BAKER: All parties stipulate that criminalist Gary Sims of the California Department of Justice, were he to return to testify in this trial, would testify under oath that at the request of the prosecutors in the criminal case, he performed a presumptive blood test on Item No. 11, a stain collected on the southern walkway of 360 North Rockingham, and that test was negative for the presence of blood.
Thank you very much. Ladies and gentlemen, that concludes the evidence in this case. It's our plan to go over the jury instructions, that is, the law that the Court will be giving to you tomorrow. And then the Court will be going over those instructions with the attorneys. And then next Monday is a legal holiday, court holiday, and the court will be dark. Tuesday, we will commence with closing argument. And it's anticipated by the attorneys that the Court will be able to give you the case Thursday. Meanwhile, having come this far, I request of you and order you to continue your diligence and not permit yourselves to be influenced by anything outside of this courtroom. Don't watch anything on television. Don't listen to anything on the radio. Don't read anything in any of the written publications. Don't go to the computer websites. Don't permit anyone, friends, relatives, or any other persons, to attempt to communicate with you with regards to any matter connected with this case. Has everybody been complying with the Court's order? JURORS: Yes.
Please continue to do so. We shall have you back here Tuesday morning then, at 8:30. Have a nice long weekend. JURORS: Thank you.
No. Tomorrow the -- The Court, that is myself, and the attorneys, will be going over the legal issues and you will not have to be here. So you will not be here until next Tuesday. Okay? JURORS: All right.
THE COURT: Thank you. JURORS: Thank you. (Jurors exit courtroom.) (The following proceedings were held in open court, outside the presence of the jury.)
We discussed -- Mr. Baker and I discussed earlier that we would meet here at 9 O'clock tomorrow morning and speak this afternoon, too, if possible.
All right. May I do this then. I will direct counsel to meet and confer on jury instructions and set in different piles those instructions that you agree on and those that you do not agree on, and any special instructions.
We thought we'd be able to begin discussion with, Your Honor, about 10 o'clock tomorrow.
Thank you, Your Honor. (At 3:30 P.M. an adjournment was taken until Friday, January 17, 1997 at 10 A.M.)
The shoes in the Scull photographs and the Flammer photographs are Bruno Magli Lorenzo shoes, which are black.
No, I didn't observe any differences, or I wouldn't have reached the conclusion I reached.
I've been here 50 days, I'm gone two hours — and I don't understand what happened.
He performed a presumptive blood test on Item No. 11, a stain collected on the southern walkway of 360 North Rockingham, and that test was negative for the presence of blood.