Sidebar: videotape presentation

📄 Sidebar: videotape presentation — Tuesday, April 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\11\SIDEBAR-VIDEOTAPE-PRESENTATION.DOC

TRIAL

▲ Day 54 of 167

◀ Afternoon session opening Videotape preview ▶

Date: Tuesday, April 11, 1995 • Utterances: 6

Defense attorney Barry Scheck sought to show two video snippets from a videotape — one of criminalist Andrea Mazzola collecting evidence (the glove and hat) and another of the coroner leaving the scene. Prosecutor Hank Goldberg objected that the tape was misleadingly edited, splicing two separate clips together. Scheck countered that the time counter from the network copy shows it is a continuous shot, directly contradicting the current witness's testimony that he did not begin collecting evidence until after the coroners had left. Judge Ito ended the sidebar by asking to view the tape himself.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 2 THE COURT:

WE HAVE A TWO-LAWYER LIMIT HERE. ALL RIGHT. UP AT THE SIDEBAR. MR. GOLDBERG.

# 3 MR. GOLDBERG:

YOUR HONOR, MR. SCHECK INFORMS ME HE WANTS TO SHOW TWO SNIPPETS. ONE IS WHERE ANDREA MAZZOLA IS COLLECTING SOME OF THE EVIDENCE, WHICH I THINK HAS ALREADY BEEN SHOWN, AND THEN THERE'S ANOTHER SNIPPET IMMEDIATELY FOLLOWING THAT THE WAY THIS TAPE HAS BEEN EDITED OF THE CORONER LEAVING THE LOCATION.

I ASSUME IT'S FOR THE PURPOSES OF TRYING TO SHOW THAT THE CORONER LEFT THE LOCATION AFTER THE EVIDENCE WAS COLLECTED, BUT THEY ARE VERY, VERY CLEARLY TWO PIECES OF TAPE THAT ARE EDITED TOGETHER AND IT'S HIGHLY MISLEADING, PARTICULARLY IN LIGHT OF THIS WITNESS' TESTIMONY RIGHT NOW TO DO THAT.

# 4 THE COURT:

MR. SCHECK.

# 5 MR. SCHECK:

YOUR HONOR, FIRST OF ALL, I WOULD POINT OUT THAT IT'S A CONTINUOUS SHOT OF MISS MAZZOLA TAKING THE GLOVE AND THE HAT AND THEN PUTTING THEM ON THE SIDE OF THE STEP, AND THEN YOU BEGIN TO SEE THE FEET, MISTAKENLY THE FEET OF MR. JACOBO, THE CORONER, BLACK SHOES, BLUE PANTS, AND THEN IT CONTINUES.

AND MR. HARRIS AND I HAVE CHECKED THE COUNTER WE GOT FROM THE NETWORKS, AND THE COUNTER IS IN ORDER. IN OTHER WORDS, THE TIME PRINT IS IN ORDER. AND THIS WITNESS JUST SAID THAT HE'S SURE THAT CAN'T BE THE GLOVE BECAUSE HE DID NOT BEGIN COLLECTING EVIDENCE UNTIL THE CORONERS HAD LEFT.

# 6 THE COURT:

ALL RIGHT. LET ME SEE THE TAPE.

Temperature

tense

Key Quotes (3)

Hank Goldberg

THEY ARE VERY, VERY CLEARLY TWO PIECES OF TAPE THAT ARE EDITED TOGETHER AND IT'S HIGHLY MISLEADING, PARTICULARLY IN LIGHT OF THIS WITNESS' TESTIMONY RIGHT NOW TO DO THAT.

Goldberg's core objection — that the editing creates a false impression about the sequence of events at the crime scene.

Barry Scheck

MR. HARRIS AND I HAVE CHECKED THE COUNTER WE GOT FROM THE NETWORKS, AND THE COUNTER IS IN ORDER. IN OTHER WORDS, THE TIME PRINT IS IN ORDER.

Scheck invokes the network timecode as objective proof of continuity, undercutting the 'edited together' claim.

Barry Scheck

THIS WITNESS JUST SAID THAT HE'S SURE THAT CAN'T BE THE GLOVE BECAUSE HE DID NOT BEGIN COLLECTING EVIDENCE UNTIL THE CORONERS HAD LEFT.

Reveals the strategic purpose of the tape: to contradict the witness's own testimony about the collection timeline.

Evidence (1)

Informal

Videotape footage — network copy with timecode — showing Andrea Mazzola collecting the glove and hat, followed by footage of the coroner (Jacobo) leaving the scene

disputed; judge requests to view before ruling

Notable Exchanges (1)

Hank Goldberg•Barry Scheck

Goldberg argues the tape splice is misleading given the current witness's testimony; Scheck counters with network timecode evidence showing the shot is continuous and argues it directly impeaches the witness.

strategic

Credibility Attacks (1)

⚔ current witness (unnamed in transcript, likely a criminalist or investigator)

prior inconsistent statement via videotape

Scheck seeks to show the tape to contradict the witness's testimony that evidence collection did not begin until after the coroners had left the scene.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 5634 • 6 utterances

Criminal Trial

Department 103