Sidebar: evidence admissibility

📄 Sidebar: evidence admissibility — Thursday, January 16, 1997

Address:

C:\DEPT103\CIVIL\1997\JAN\16\SIDEBAR-EVIDENCE-ADMISSIBILITY.DOC

TRIAL

▲ Day 43 of 57

◀ Recross-examination of FBI photograph expert Direct examination of William Bodziak ▶

Examiner: Examiner
Date: Thursday, January 16, 1997 • Utterances: 40

The court permitted the defense to introduce the McElroy price sheet (Exhibit 2406), a pricing document for the Flammer photographs, after the parties stipulated to its admission. A redacted letter from Nicole Brown Simpson to OJ Simpson (Exhibit 732) was also formally received into evidence. The session concluded with FBI agent William Bodziak being recalled as a rebuttal witness for the plaintiffs.

# 1 THE COURT:

Mr. Petrocelli --

# 2 MR. PETROCELLI:

-- keep doing this. It has to stop someplace.

# 3 THE COURT:

Yeah. I'm going to be the one that's going to stop it.

# 4 MR. PETROCELLI:

I would hope that it would stop soon.

# 5 THE COURT:

I'm going to permit him to offer evidence if he can legitimately, under the Evidence Code of --

# 6 MR. LEONARD:

Thank you.

# 7 THE COURT:

-- this document.

# 8 MR. PETROCELLI:

This afternoon?

# 9 THE COURT:

Yeah.

# 10 MR. LEONARD:

You're going to give me, what, three hours?

# 11

THE COURT: Mr. Leonard, you use your skills. (Recess) (The following proceedings were held in open court outside the presence of the jury.)

KEY QUOTE

# 12 MR. LEONARD:

Can we display our thing?

# 13 THE COURT:

Yes.

# 14 MR. PETROCELLI:

No.

# 15

THE COURT: You got to display yours. All right. We're back in session. (The following proceedings were held in open court outside the presence of the jury.)

# 16 THE COURT:

Okay. For the benefit of the audience, Mr. Leonard has been successful in finding a way of skinning the cat, and Mr. Petrocelli and Mr. Kelly and Mr. Brewer have stipulated that the document may be received into evidence.

# 17 MR. LEONARD:

Thank you.

# 18 THE CLERK:

It will be Exhibit 2406.

# 19 MR. PETROCELLI:

And I want dinner tonight.

KEY QUOTE

# 20 THE COURT:

Okay. So when the jury comes in. Jury on its way up. (Jurors resume their respective seats.)

# 21 MR. LEONARD:

Your Honor, we'd like to publish the document in question to the jury.

# 22 THE COURT:

You may.

# 23 MR. LEONARD:

That will be the McCelroy price sheet.

# 24 THE COURT:

You may.

# 25 MR. LEONARD:

I'd like to read --

# 26 THE COURT:

Would you like to mark it?

# 27 MR. LEONARD:

Oh, I'm sorry. 2406. (The instrument herein referred to as The McElroy price sheet was marked for identification as Defendant's Exhibit No. 2406.)

# 28 MR. PETROCELLI:

We have no objection to that.

# 29 THE COURT:

Thank you.

# 30 THE CLERK:

It's received?

# 31 THE COURT:

Received. (The instrument previously marked as Defendants' Exhibit 2406 was received in evidence.)

# 32 MR. LEONARD:

The rates for North American use of the package of seven Flammer photographs and information are as follows: (Exhibit 2406 displayed on the Elmo screen.)

# 33 MR. LEONARD:

Thank you, Your Honor. (Exhibit 2406 removed from the Elmo screen.)

# 34 MR. MEDVENE:

Agent Bodziak.

# 35 THE CLERK:

I don't believe it was on record that Exhibit 732 has now been received in evidence.

# 36 THE COURT:

It's received as redacted.

# 37 MR. PETROCELLI:

As redacted, Your Honor. Thank you. (The instrument herein referred to as a redacted version of letter from Nicole Brown Simpson to OJ Simpson was received into evidence as Plaintiffs' Exhibit No. 732.)

# 38 THE CLERK:

Just have a seat, sir. You have been sworn. Briefly, you are still under her oath. Would you please state your name for the record.

# 39 THE WITNESS:

William J. Bodziak, B-o-d-z-i-a-k. WILLIAM J. BODZIAK, called as a witness on behalf of the Plaintiffs in rebuttal, having been previously duly sworn, was examined and testified further as follows: DIRECT EXAMINATION BY MR. MEDVENE:

# 40 Q:

Agent Bodziak, you were last here a little over a month and a half ago --

Temperature

procedural

Key Quotes (3)

JUDGE FUJISAKI

Mr. Leonard has been successful in finding a way of skinning the cat, and Mr. Petrocelli and Mr. Kelly and Mr. Brewer have stipulated that the document may be received into evidence.

Signals that a disputed evidentiary battle over the Flammer photographs pricing sheet was resolved by the defense finding a compliant foundation.

MR. PETROCELLI

And I want dinner tonight.

Light moment after a hard-fought stipulation — Petrocelli acknowledging the concession cost him something.

JUDGE FUJISAKI

Mr. Leonard, you use your skills.

Terse judicial encouragement after Leonard asked how much time he had — characteristic of Fujisaki's dry, impatient style.

Evidence (2)

Defendant's Exhibit 2406

McElroy price sheet — rates for North American use of the package of seven Flammer photographs

introduced and published to jury

Plaintiffs' Exhibit 732

Redacted letter from Nicole Brown Simpson to OJ Simpson

formally received into evidence as redacted

Notable Exchanges (2)

JUDGE FUJISAKI•MR. LEONARD•MR. PETROCELLI

After a recess, Leonard successfully secured a stipulation to admit the McElroy price sheet over prior resistance from plaintiffs' counsel. The court announced the resolution to the audience.

strategic

MR. PETROCELLI•JUDGE FUJISAKI

Petrocelli quipped 'I want dinner tonight' after agreeing to the stipulation; the judge moved on without comment.

light

Light Moments (1)

MR. PETROCELLI

After stipulating to admit the defense document, Petrocelli said 'And I want dinner tonight,' getting a laugh at his own expense after being worn down.

Objections

None recorded

Proceeding 8834 • 40 utterances

Civil Trial

Department 103