On the record. I would like to--all parties are present again. I would like to advise counsel during the course of my review of the tape this afternoon, which is what delayed our getting started, this afternoon I was reviewing tapes again in my chambers; and in reviewing the KTLA tape, Stan Chambers' report from June the 13th, 1994 and hitting the pause button to stop it at the time that the parties were coming out of the door at Rockingham, I hit the record button instead and I erased inadvertently five seconds of that videotape. So I would like counsel to look at the videotape and see if they think those seconds are critical.
I've had my staff contact KTLA, see if they can provide us with another duplicate copy of that news broadcast. They indicated they're looking for it, that it should be available, and I'll have two of my staff members go get it as soon as they confirm that it's available. But, Mr. Scheck, if you want to look at it and see if that's--if that footage is sufficient for your uses.
Noting that the pause and the record buttons are next to each on this remote control. I'll mark it as a Court's exhibit. I must say I'm thoroughly embarrassed by this.
Oh--well, I know I would do it. I'm that kind of klutz and we know you're not Rosemary Woods. So--I think we can certainly proceed with what we've got.
KEY QUOTEYour Honor, there's a--the reason I think it's--the reason I think it's sufficient is that we have that other tape that picks up with them walking down the driveway and this one shows them coming out of the house, and I'm--for all purposes, I'm sure that's fine.
All right. I've just been advised that the--by the news director of KTLA that they have located the tape, they've dubbed a copy and I'm sending my staff to go get it in case we need a complete copy.
Well, okay. I think that actually since I'm going to begin with another matter that I estimate will take about 10 minutes, 15 minutes--but I'm assuming that before we get to this line and before we hit the videotapes, it may just be perfect timing.
All right. The Court's ruling then as to the videotapes is as follows: I will allow the playing of the videotapes that depict Mr. Fung and Miss Mazzola on both trips, both the paper bag trip and the plastic bag trip. The Court finds a sufficient foundation has been laid for those. The Court sustains the objection to the Vannatter arrival segment on the basis of lack of foundation at this time.
We just got additional information as much as did the People, your Honor, from a--
You want to share that? Mr. Neufeld, does Mr. Scheck want to handle this or do you want to handle it?
Only because I spoke to the reporter myself. It's up to you. If I may just to save time. We were approached as was the Prosecution by a gentleman named John North who is a reporter from KABC.
Yeah. And Mr. North has handed me with a computer printout. He said that they went back and they checked their original cassette that was shot by their camera person that day, that afternoon, and it even has a time--it's time coded. And it was time coded and the time code he said was set by the camera operator. And it shows the time that each of these incidents occurred and it also shows the sequence in which they occurred, and it completely corroborates the sequence that we wanted to show to the witness; namely that first he's coming out carrying the paper bags, then Vannatter arrives--I'm sorry. Then they go back in, then Vannatter arrives and then they come out the second time and Fung has nothing in his hands and Mazzola is carrying the plastic bag. He gave me this printout. He said they intend to air it on the television, this evening in fact.
All right. But see, the problem is, we have the jury waiting. So let's proceed with what we have. You can lay the foundation. If you want to do that out of the presence of the jury, we'll do that.
Your Honor, given the Court's ruling on the other two videotapes, we'll draw our objection on the Vannatter tapes.
I hit the record button instead and I erased inadvertently five seconds of that videotape. I must say I'm thoroughly embarrassed by this.
Oh--well, I know I would do it. I'm that kind of klutz and we know you're not Rosemary Woods.
I will allow the playing of the videotapes that depict Mr. Fung and Miss Mazzola on both trips, both the paper bag trip and the plastic bag trip. The Court sustains the objection to the Vannatter arrival segment on the basis of lack of foundation at this time.
It shows the time that each of these incidents occurred and it also shows the sequence in which they occurred, and it completely corroborates the sequence that we wanted to show to the witness; namely that first he's coming out carrying the paper bags, then Vannatter arrives--I'm sorry. Then they go back in, then Vannatter arrives and then they come out the second time and Fung has nothing in his hands and Mazzola is carrying the plastic bag.