📄 Jury readmitted — Thursday, April 13, 1995
📅 Apr 13 — Day 56
⚖️ Lance A. Ito
chain_of_custodyjury
Address:
C:\DEPT103\CRIMINAL\1995\APR\13\JURY-READMITTED.DOC
TRIAL
▲ Day 56 of 167

Jury readmitted

Date: Thursday, April 13, 1995 • Utterances: 6
Judge Ito apologizes to the jury for the afternoon delay, candidly admitting he accidentally erased part of a videotape while reviewing it in chambers by hitting the record button instead of the still-frame. Dennis Fung then resumes the witness stand to continue cross-examination by Barry Scheck.
1 (The following proceedings were held in open Court, in the presence of the jury:)
2 THE COURT:

Thank you, ladies and gentlemen. Please be seated. Let the record reflect that we've been rejoined by all the members of our jury panel. Good afternoon, ladies and gentlemen.

THE JURY: Good afternoon.

3 THE COURT:

First of all, let me apologize to you for the delay in getting started this Court day. I started the day with some special discussions with the lawyers. I think as we recessed yesterday, you were aware that I had to make some determinations out of your presence as to some of the videotapes that would be presented to you. And we spent some of the time this morning allowing the parties to view these videotapes, to confer amongst themselves and to make their arguments for and against the admission of these videotapes. Over the lunch hour, I took the decision under submission so I could have the opportunity to look at the videotapes myself one more time. And as I mentioned to you, there's something called Murphy's Law. During the course of looking at those videotapes and attempting to put one into a still frame, I hit the record button and I inadvertently erased part of one of the tapes as I was trying to slow-mo it. I see you're laughing. I'm sure it's happened to you too. Normally what you do is, you knock out that little tab in the back so you can't record over it. I didn't do that. And I'll never do that again, believe me. But that was part of--that's why we're late getting started this afternoon. I apologize to you sincerely.

I want you to know that when we're in a jury trial, the thing that bothers me the most is knowing that you're back there and you're waiting. And that's why when I knew we were going to have a long delay this morning, I had you taken back up to the larger lounge because I know it's more comfortable for you to be up there. And I sincerely apologize to you. I take full responsibility myself personally for this delay today. I want you to know that is not the fault of the parties. And hopefully we'll be able to get through a full Court session. I indicated to the lawyers that I wanted to go through till 6:00 o'clock today to make up for some of the lost time today. We will take breaks through the afternoon however, but I would like to get in at least four good hours today with the jury. But we've been at it since 9:00 o'clock this morning. All right. Thanks, folks. Mr. Fung, would you resume the witness stand.

Dennis Fung, the witness on the stand at the time of the evening adjournment, resumed the stand and testified further as follows:

4 THE COURT:

All right. Good afternoon again, Mr. Fung.

5 MR. FUNG:

Good afternoon.

6 THE COURT:

You are reminded, sir, you are still under oath. The record should reflect Mr. Fung is on the witness stand undergoing cross-examination by Mr. Scheck. Mr. Scheck, you may conclude with your cross-examination.

Temperature

light

Key Quotes (3)

Lance A. Ito
During the course of looking at those videotapes and attempting to put one into a still frame, I hit the record button and I inadvertently erased part of one of the tapes as I was trying to slow-mo it.
The judge accidentally destroyed part of evidence under review — an ironic echo of evidence-handling complaints central to the entire Simpson case.
Lance A. Ito
I see you're laughing. I'm sure it's happened to you too. Normally what you do is, you knock out that little tab in the back so you can't record over it. I didn't do that. And I'll never do that again, believe me.
Rare moment of judicial self-deprecation that humanizes the judge and diffuses courtroom tension.
Lance A. Ito
I take full responsibility myself personally for this delay today. I want you to know that is not the fault of the parties.
Judge explicitly shields the parties from jury frustration, demonstrating careful jury management.

Evidence (1)

Informal
Videotapes under judicial review for admissibility ruling; one partially erased by judge during slow-motion review
discussed, partially destroyed by accident

Notable Exchanges (1)

Lance A. ItoThe Jury
Judge explains the tape erasure mishap; jury laughs; judge bonds with them over a relatable VCR mistake.
light

Light Moments (1)

Lance A. Ito
Judge Ito admits he accidentally hit record instead of pause while reviewing evidence tapes, erasing part of one, and notes the jury was laughing — then explains the tab-in-the-back trick for preventing overrecording.

Objections

None recorded
Proceeding 5695 • 6 utterances
Criminal Trial
Department 103
⚖️ Start
📂 APR 13, 1995 📄 Jury readmitted
APR 13, 1995 KRT DvH TD