Motion: contempt and sanctions

📄 Motion: contempt and sanctions — Wednesday, January 29, 1997

Address:

C:\DEPT103\CIVIL\1997\JAN\29\MOTION-CONTEMPT-AND-SANCTIONS.DOC

TRIAL

▲ Day 50 of 57

◀ Closing argument — Lambert / Petrocelli (rebuttal) Sealed proceedings outside jury presence ▶

Date: Wednesday, January 29, 1997 • Utterances: 50

A brief in-chambers discussion about contempt options related to financial disclosure obligations, likely concerning OJ Simpson's assets. The court noted that jail and fines were the only contempt tools available, but both seemed impractical — the day then shifted to jury deliberations on January 29, 1997.

# 1 THE COURT:

Okay. We're now addressing an application of plaintiff re production of financial information by defendant. As I understand Mr. Gold -- Gelblum's statement yesterday, the Court has previously made orders in regards to this matter.

# 2 MR. GELBLUM:

Yes.

# 3 THE COURT:

And I asked that Mr. Gelblum and the plaintiffs yesterday to indicate what it is that you wish in form of a relief and your application re production of financial information that you filed yesterday is -- Is simply a reiteration of the same order that has already been issued. So I don't understand what relief you are asking for.

# 4 MR. GELBLUM:

They didn't comply with the order. I'm asking you to order them.

# 5 THE COURT:

You want another order for --

# 6 MR. PETROCELLI:

Yes, if they violate that order, we're going to seek contempt.

# 7 THE COURT:

I have to make the order?

# 8 MR. PETROCELLI:

What are we supposed to do?

# 9 THE COURT:

Excuse me. I'm simply asking you what relief -- you know, I'm not used to issuing the same order time and again and again. Usually when I issue an order and there's contention that the order has not been complied with, some relief is sought. This application doesn't seek any relief.

# 10 MR. PETROCELLI:

You make a good point. I'm not having to seek contempt orders, I guess we'll have to do that. Okay.

# 11 THE COURT:

Well, you know we're in the middle of a trial. We don't know what the jury's going to return but assuming they return a verdict that triggers the commencement of the second portion of bifurcated trial to wit; punitive damages, what is the point of a contempt order at this point?

# 12 MR. PETROCELLI:

Let me explain to you. We have a couple of out of town witnesses in this.

# 13 THE COURT:

Let me explain to you what I mean by my rhetorical question. That was a rhetorical question.

# 14 MR. PETROCELLI:

Okay.

# 15 THE COURT:

A contempt order would seem to me is going to be nonproductive other than throwing people in jail or issuing fines. Now, if this is a discovery order, I think one ought to consult discovery statutes with regard to what possible recourses there are to facilitate the completion of this trial in an orderly fashion.

# 16 MR. PETROCELLI:

We'll seek orders of preclusion then.

# 17 THE COURT:

I think that's what I was asking you to explore and give me some points and authorities on so I can address this matter in a realistic fashion.

# 18 MR. PETROCELLI:

Okay.

# 19 THE COURT:

I'm not a firm believer in contempt. I've only thrown one person in jail in my life and this person got disbarred because of his personal conduct.

# 20 MR. PETROCELLI:

Don't like to have to do these things. I mean --

# 21 THE COURT:

I understand that but I --

# 22 MR. PETROCELLI:

I'm not accustomed to have to file repeat applications.

# 23 THE COURT:

I don't like to do idle acts either.

# 24 MR. PETROCELLI:

I was hoping the defense would cooperate. We'll just have to do what we have to do.

# 25 MR. GELBLUM:

One problem we will, I guess, file something else if we have to. But a problem with a preclusion order here is for example we got no income information at all.

# 26 THE COURT:

Mr. Gelblum, you propose I throw everybody in jail?

# 27 MR. GELBLUM:

No, Your Honor, I asked you very specifically, I told you in this order what I wanted to get to be produced by 5 o'clock today.

# 28 THE COURT:

You know, Mr. Gelblum, I can only sign an order. I can't put people on a torture rack and extract things from them.

# 29 MR. GELBLUM:

I'd ask you to sign this order if we don't get this, we'll file something else tomorrow. This order has to be produced by 5 pm today.

# 30 THE COURT:

I just simply want to bring to your attention that tempus fugito. I assume you understand that much Latin.

# 31 MR. GELBLUM:

Can we get this order if we don't go from here, we'll get this one complied.

# 32 THE COURT:

Respond to the application and I will rule.

# 33 MR. BAKER:

Well, which account financial institution, I don't know exactly what they mean number 2.

# 34 MR. GELBLUM:

Which is exactly the stuff that was produced a year ago. So, you know, exactly what I'm talking about exactly --

# 35 MR. BAKER:

I'm not going to produce any breakdown of bills from our firm or from anybody else relative to the attorney-client privilege.

# 36 MR. PETROCELLI:

It's not privileged. Clear case.

# 37 MR. GELBLUM:

Just the amount.

# 38 MR. PETROCELLI:

We don't want -- we only want the amounts, not the nature of the services. We want to see there are legitimate obligations that's all.

# 39 THE COURT:

Okay.

# 40 MR. PETROCELLI:

Okay. We'll take the next step if we have to. Thank you.

# 41 THE COURT:

I'm not good at throwing people in jail.

KEY QUOTE

# 42 MR. PETROCELLI:

That's the last thing in the world I want to do too.

# 43 THE COURT:

When you say contempt, that's what I see; jail or money.

# 44 MR. PETROCELLI:

Okay.

# 45 THE COURT:

And relationship to what you are trying to accomplish, I imagine imposing fines are rather ineffectual and meaningless at this stage of the proceedings.

# 46 MR. BAKER:

You can't throw me in jail, I don't have access to that.

# 47 MR. PETROCELLI:

Mr. Simpson.

# 48 THE COURT:

We can throw . . . (Indicating to Mr. P. Baker.) (Laughter.)

KEY QUOTE

# 49

MR. P. BAKER: Hey, I'm standing over here in the corner. (Proceedings in chambers concluded at 9:35 am) (The following proceedings were held in open court, in the presence of the jury.) (Jurors resume deliberations at 9:50 am) (Jurors take morning break at 10:55 am) (Jurors resume deliberations at 11:13 am) (At 12 P.M. a recess was taken Until 1:30 of the same day.) SANTA MONICA, CALIFORNIA; WEDNESDAY, JANUARY 29, 1997 1:33 PM HON. HIROSHI FUJISAKI, JUDGE APPEARANCES: (PER COVER PAGE.) (REGINA D. CHAVEZ, OFFICIAL REPORTER) (Jurors resume deliberations.) (Recess at 3 p.m.) (Jurors resume deliberations at 3:18 p.m.) (Twelve sworn jurors resume their respective seats at 4:15 pm.) (The following proceedings were held in open court, outside the presence of counsel and the alternate jurors.)

KEY QUOTE

# 50 THE COURT:

Ladies and gentlemen you're excused for the evening. Again don't talk about the case, don't form or express any opinions until you are actually back in the jury room deliberating with all 12 of you present. Okay. And bear in mind the admonition that I've given you every day. Don't listen to any radio, television, read any stuff about this. Don't accept any phone calls with regards to your capacity as jurors. Okay everybody understand that? JUROR: Um-hum, yes. (Jurors exit courtroom.) (The notes of the proceedings at this point were ordered sealed by the Court, not to be opened, Transcribed, or destroyed except upon order of a Judge of the Superior Court.) (At 4:15 P.M. an adjournment was taken until Thursday, January 30, 1997 at 8:30 A.M.)

Temperature

procedural

Key Quotes (4)

Judge Fujisaki

I'm not good at throwing people in jail.

Fujisaki signals reluctance to use the harshest contempt remedy, limiting plaintiffs' leverage.

Judge Fujisaki

I imagine imposing fines are rather ineffectual and meaningless at this stage of the proceedings.

Court acknowledges that monetary sanctions against Simpson are toothless given his claimed financial state.

Judge Fujisaki

We can throw . . . (Indicating to Mr. P. Baker.)

Rare moment of judicial humor — Fujisaki jokes about jailing Phil Baker instead of Simpson.

P. Baker

Hey, I'm standing over here in the corner.

Plays along with the judge's joke, breaking tension in an otherwise fraught sanctions discussion.

Notable Exchanges (1)

Judge Fujisaki•Petrocelli•Baker

Petrocelli pushes for contempt to compel financial disclosure (amounts of obligations, not nature of services); court and both counsel acknowledge contempt remedies — jail or fines — are both unappealing or ineffective at this stage.

strategic

Light Moments (1)

Judge Fujisaki / P. Baker

Judge jokes about throwing Phil Baker in jail instead of Simpson; Baker quips he's hiding in the corner. Laughter noted in transcript.

Witness Demeanor

(Laughter.)

(Proceedings in chambers concluded at 9:35 am)

(Jurors resume deliberations.)

(The notes of the proceedings at this point were ordered sealed by the Court, not to be opened, Transcribed, or destroyed except upon order of a Judge of the Superior Court.)

Objections

None recorded

Proceeding 8866 • 50 utterances

Civil Trial

Department 103