Audience conduct and test procedures

📄 Audience conduct and test procedures — Wednesday, April 12, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\12\AUDIENCE-CONDUCT-AND-TEST-PROC.DOC

TRIAL

▲ Day 55 of 167

◀ Jury admonitions Cross-examination of Dennis Fung (morning, part 1) ▶

Date: Wednesday, April 12, 1995 • Utterances: 8

A brief pre-session discussion before the jury was brought in during Dennis Fung's cross-examination. The prosecution raised two administrative items: a request to address the phenolphthalein test from the previous afternoon (deferred until after cross), and a complaint about audible audience reactions during Fung's cross-examination. Judge Ito acknowledged the reactions but declined to issue a formal admonishment, noting the existing courtroom order was sufficient.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

# 2 THE COURT:

BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS PRESENT AGAIN BEFORE THE COURT WITH HIS COUNSEL, MR. SHAPIRO, MR. COCHRAN, MR. BLASIER, MR. SCHECK. THE PEOPLE ARE REPRESENTED BY MR. DARDEN AND MR. GOLDBERG. COUNSEL, ANYTHING WE NEED TO CHAT ABOUT?

# 3 MR. GOLDBERG:

YES, YOUR HONOR. WE WANTED TO DISCUSS THE ISSUE OF THE PHENOLPHTHALEIN TEST YESTERDAY AFTERNOON.

# 4 THE COURT:

ALL RIGHT. LET'S DO THAT AT THE CONCLUSION OF THE CROSS-EXAMINATION. ALL RIGHT. DEPUTY MAGNERA, LET'S HAVE THE JURY, PLEASE.

# 5 MR. GOLDBERG:

YOUR HONOR, I'M SORRY, THERE WAS ONE OTHER ISSUE THAT I WOULD LIKE TO BRING UP. IT WON'T TAKE THAT LONG. I NOTICED THAT DURING MR. FUNG'S CROSS-EXAMINATION THERE APPEAR TO BE REACTIONS COMING FROM THE AUDIENCE. I CAN'T TELL EXACTLY WHERE THEY ARE COMING FROM, BUT THEY ARE CLEARLY AUDIBLE, AND I WOULD ASK THAT THE COURT TRY TO PUT AN END TO THAT.

# 6 THE COURT:

THERE WERE TWO RATHER SHORT REACTIONS TO TWO SECTIONS; THAT'S CORRECT, ALL RIGHT, BUT THEY WERE BRIEF AND THEY ENDED IMMEDIATELY WITHOUT ANY ACTION BY THE COURT.

KEY QUOTE

# 7 MR. GOLDBERG:

I JUST ASK THAT THE COURT ADMONISH THE AUDIENCE THAT THERE SHOULD BE NO NOISE, NO REACTION DURING THE EXAMINATION OF ANY WITNESS.

# 8 THE COURT:

ALL RIGHT. I THINK THE COURT'S ORDER IS ALREADY IN PLACE AND I THINK THE AUDIENCE IS AWARE OF THEIR OBLIGATIONS. ALL RIGHT. LET'S PROCEED.

Temperature

procedural

Key Quotes (2)

Hank Goldberg

I NOTICED THAT DURING MR. FUNG'S CROSS-EXAMINATION THERE APPEAR TO BE REACTIONS COMING FROM THE AUDIENCE. I CAN'T TELL EXACTLY WHERE THEY ARE COMING FROM, BUT THEY ARE CLEARLY AUDIBLE.

Signals tension in the courtroom during Fung's cross — the audience was reacting visibly to testimony, suggesting the cross was landing effectively.

Lance A. Ito

THERE WERE TWO RATHER SHORT REACTIONS TO TWO SECTIONS; THAT'S CORRECT, ALL RIGHT, BUT THEY WERE BRIEF AND THEY ENDED IMMEDIATELY WITHOUT ANY ACTION BY THE COURT.

Ito acknowledges the reactions but pushes back on the need for intervention, effectively declining Goldberg's request.

Evidence (1)

Informal

Phenolphthalein test (blood presumptive test)

discussed — deferred to after cross-examination

Notable Exchanges (1)

Hank Goldberg•Lance A. Ito

Goldberg asked for a formal admonishment of the audience over audible reactions during Fung's cross; Ito declined, saying existing court orders were sufficient.

mild friction

Objections

None recorded

Proceeding 5647 • 8 utterances

Criminal Trial

Department 103