Noon recess and jury admonition

📄 Noon recess and jury admonition — Thursday, April 13, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\13\NOON-RECESS-AND-JURY-ADMONITIO.DOC

TRIAL

▲ Day 56 of 167

◀ Redirect examination of Dennis Fung (part 1) Motion: videotape evidence (part 2) ▶

Date: Thursday, April 13, 1995 • Utterances: 11

Judge Ito called a noon recess until 1:30 PM, noting he would review the tapes during the break. Scheck requested a witness admonition for Dennis Fung, and Darden informed the defense that Andrea Mazzola was ill and being sent home. The judge also warned counsel to prepare for a long afternoon session running until 6:00 PM.

# 1 THE COURT:

All right. We will stand in recess. 1:30.

# 2 MR. SCHECK:

Your Honor, are we going to be able to do this when we come back?

# 3 THE COURT:

Over the lunch hour I want you to leave the tapes here. I'm going to look at them one more time.

KEY QUOTE

# 4 MR. SCHECK:

Your Honor, could we have an admonition?

# 5 THE COURT:

Yes. Mr. Fung, don't discuss the matter with any of the attorneys, please.

# 6 MR. DARDEN:

Your Honor, for Mr. Scheck's information and Mr. Neufeld's, Miss Mazzola is upstairs and she is not feeling well and she is under a doctor's care and we intend to send her home at this point.

# 7 THE COURT:

I don't think we are going to finish today, all right? But counsel, we are going until 6:00. Make preparations to go to 6:00 today. All right. The Court is in recess.

KEY QUOTE

# 8 (At 12:05 P.M. The noon recess was taken until 1:30 P.M. Of the same day.)

# 9 (Janet M. Moxham, CSR no. 4855, official reporter.)

# 10 (Christine M. Olson, CSR no. 2378, official reporter.)

# 11 (The following proceedings were held in open Court, out of the presence of the jury:)

Temperature

procedural

Key Quotes (3)

Christopher Darden

Miss Mazzola is upstairs and she is not feeling well and she is under a doctor's care and we intend to send her home at this point.

Darden discloses that a key prosecution witness — Andrea Mazzola, the LAPD criminalist — is ill, signaling potential scheduling complications for her testimony.

Lance A. Ito

I don't think we are going to finish today, all right? But counsel, we are going until 6:00. Make preparations to go to 6:00 today.

Ito signals the proceedings are running long, pressing counsel to stay late — reflecting the court's effort to keep the trial on schedule.

Lance A. Ito

Over the lunch hour I want you to leave the tapes here. I'm going to look at them one more time.

The judge is personally reviewing evidentiary tapes during recess before ruling on their admissibility or use.

Evidence (1)

Informal

Unspecified tapes that Ito intends to review during the noon recess

retained by court for judge's review

Notable Exchanges (1)

Christopher Darden•Barry Scheck•Peter Neufeld

Darden proactively informs defense counsel that Andrea Mazzola is ill upstairs and being sent home under a doctor's care.

informational

Objections

None recorded

Proceeding 5693 • 11 utterances

Criminal Trial

Department 103