Back on the record in the Simpson matter. Mr. Simpson is again present before the Court with his counsel, Mr. Shapiro, Mr. Cochran, Mr. Neufeld, Mr. Scheck. Mr. Scheck, correct?
All right. The People are represented by Mr. Goldberg and Mr. Darden. The jury is not present. Counsel, is there anything we need to take up before we invite the jurors to rejoin us? My recollection is that we had discussed some issues regarding videotapes. Are we prepared to go forward?
Your Honor, my understanding of the Court's orders last night is that we were to be provided copies of the videotapes that counsel wanted to show today so that we could review them over the evening. And Mr. Scheck did say he was going to get copies for me, but I didn't receive any. I was here until about 8:30 or 9:00 last night. So we are not ready.
Well, your Honor, before we left we gave Mr. Goldberg an opportunity--I didn't know that he was expecting copies that evening, and in fact, due to certain difficulties, we have not been able to make a copy of the last tape that we received in the afternoon. I mean, if he wants--I don't know what to say. I mean, we have shown him the tapes. If the Court wants to look at them, basically--
Well, as I recall, as we ended the Court day I was advised that the Prosecution withdrew their objection.
Your Honor, the only part that we waived an objection to was the videotape of the in Court testimony of Mr. Fung.
My recollection of what I heard is that we withdraw our objection to the videotapes, plural, is that what I thought I heard.
All right. Referring to 22508 of the transcript: "Miss Clark: Your Honor, so that the Court is aware, we have withdrawn our objection to the showing--to showing the tape, the direct testimony of the witness, so that we should recommence with that," so that was a single tape. All right. The Court stands corrected. All right. Mr. Goldberg, what other clip of tape do you need to review prior to restarting with Mr. Fung?
The--I have all the tapes and I will show them to Mr. Goldberg. This is what we intend to show. There is a shot of Mr. Fung--
There is a shot of Mr. Fung and Miss Mazzola exiting Rockingham; Mr. Fung carrying a black bag, a bag valise, I think.
And some brown paper bags, and Miss Mazzola has what may be a posse box or a clipboard and a bottle of water, it appears to me. And they go into the truck and there is sound that I think we showed the Court yesterday where Mr. Fung says something to the effect of--
I'm sorry. No, no, that doesn't have the testimony. That is just a clip. That is one view of it. I showed Mr. Goldberg last night a second tape that we got just as late in the afternoon that has additional footage of that where we see from another camera angle--from another camera angle Mr. Fung and Miss Mazzola then going--leaving from the truck and walking back into Rockingham, picking up two little yellow cards from the driveway and heading back in. And I think when you see both tapes you will see that there was a camera person there from channel 9 and a camera person there from inside edition and in this second shot the inside edition camera person actually gets a picture of channel 9 videotape person, so you can see where both shots are coming from. Then we have another set of tapes showing Mr. Fung and Miss Mazzola leaving Rockingham a second time. This time we see Mr. Fung and his hands and we see Miss Mazzola.
And I have one clip of that that I have shown the Prosecution and then I have a second clip of that, umm, that is more complete in that there is a second shot of them walking further towards the truck. In addition, we showed him a complete videotape that includes, umm, footage in between that we received yesterday afternoon. If the Court wants, I can show you all the different clips in the order that I want to show them to the witnesses, because--and then we will just--
Have you displayed this to the Prosecution in the manner that you intend on displaying it to the jury?
Well, I have displayed all the tapes. I'm not sure that I have displayed them in the order, but I could do that if he wants.
All right. Mr. Goldberg, your request at this point is for some additional time to review these videotapes?
I don't know how long exactly these videotapes are, the totality of the tapes that Mr. Scheck just mentioned. I would imagine it probably wouldn't take that long once I have a copy and I can go up to my office and take a look at them.
Well, we have the video equipment here. You can look at it here rather than hazard the elevators in the building.
Well, that may be true, your Honor, but as the Court knows, many of these videotape clips that counsel has presented, present images that are very fleeting and the Defense is only concentrating on one or two frames that are very easily missed, so it is useful for our purposes, in order to be prepared to deal with these issues, to be able to carefully look at them and that is why we would request a copy.
Well, Mr. Goldberg, I will tell you what, let's do this: Mr. Scheck has offered to display to you and to the Court those videotape portions that he intends on showing to the witness and to the jury. So let's see what he intends on showing and the order in which he intends on showing and then you tell me how much additional time you are going to need. All right. Mr. Harris, let's see the videotape.
Your Honor, before we start this one, it is up to Mr. Goldberg, we have an option here, this tape is--shows a number of different events. We intend to show to the witness the first segment that is a more complete view of this one, but if the Prosecution wants to see, umm, what is in between from beginning to end, umm--
You know, your Honor, you see the other cameraman, it is my belief that that is the cameraman that shot the first one.
Okay. There is another segment of 1103 that I would like to show previously, but I would have to cue it up with Mr. Harris, if the Court would give us permission.
Your Honor, this is the second section I want to show and call the Court's attention that it is a shot from another angle of Detective Vannatter getting out of his car, but now in this sequence you can see what he has in his hands whereas in the other sequence his hands were cut off from view.
Yeah. You can see the rest of it, but it is just another short shot of the first one.
So that tape was marked 1103. I think there is one more view that I have discovered. I don't know if I will show it or not, but I want to give the Prosecution all the tape I have viewing this, and if they have some more, the news media has some more, I would love to see it.
As you can see, it has a more complete shot of them leaving and this just goes on to show something else that--is there another sequence? I think they have seen this tape before from other sources.
Okay. That is--the Prosecution is free to see this entire tape, but I think that these are the only relevant sections.
Yes, your Honor. There are some things in the videotape that are of interest to us in reviewing them that will take some time to look at more closely, and I would like the opportunity to do that. I would like the opportunity to make copies of these tapes, if counsel does not have copies to provide us with.
If it will make it faster, I will give them our copies and go look at them as long as they want, maybe in chambers, videotape machine, anywhere. They are not going to go away.
We would also like to have copies of our own, your Honor. We can make copies from the Defense copies here.
No, I understand. I understand that you would like to have your own copies, but the issue that I would like to resolve is the amount of time that you need to view this so that you can be prepared to redirect or whatever as far as Mr. Fung is concerned. I would like to proceed with the jury this morning.
So what I would prefer we do is that Mr. Harris remain to assist you with the video equipment, you sit here with Mr. Harmon or Mr. Clarke or Mr. Fairtlough or whoever it is, Miss Martinez, you look at it as many times as you need to here and let's get the show on the road.
Your Honor, I--it is really not a very comfortable environment for us to take a look at these things. It doesn't give us the opportunity--
It doesn't give us the opportunity to confer, to discuss it, to take a good look at certain frames, because there are at least two or three frames, specific frames of interest here in these tapes. And your Honor, the argument that I made last night was that we feel that they have a discovery obligation when they reasonably intend to use these tapes to provide them to us. We are not saying that the Court should preclude it. We are not asking that the Court--
No. I'm giving you the opportunity to look at it, to view it as many times as you want. I want you to do it here. I don't want to waste time running up and down the elevators and making copies and everything else.
Would the Court give us thirty minutes to be able to look at the tape--the tapes?
I will give you thirty minutes and I will give you thirty minutes in my chambers with my VCRs and my TV, however you want to do it. You can do it with this equipment here, high-resolution monitor here, or you can do it in my chambers, I don't care, but let's just do it. The tapes are here. Let's just do it.
KEY QUOTEProbably as soon as it is available, as soon as we take a break for lunch, I assume. Most of the videotape duplicators that I am familiar with are on real time, rather than high-speed. All right. Mr. Fairtlough agrees. All right. We will stand in recess for half an hour.
Your Honor, one request. I think it is clear, but plainly we are at a stage of impeachment, and so I would only ask that they be entitled to view it, but they not discuss it with the witness until he is cross-examined.
I am not interested in comfort, Mr. Goldberg.
I think it is clear, but plainly we are at a stage of impeachment, and so I would only ask that they be entitled to view it, but they not discuss it with the witness until he is cross-examined.
I will give you thirty minutes and I will give you thirty minutes in my chambers with my VCRs and my TV, however you want to do it.