Sidebar (4)

📄 Sidebar (4) — Friday, April 14, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\14\SIDEBAR-4-.DOC

TRIAL

▲ Day 57 of 167

◀ Cross-examination of Dennis Fung (part 4) Cross-examination of Dennis Fung (part 5) ▶

Date: Friday, April 14, 1995 • Utterances: 23

During redirect examination of Dennis Fung, the prosecution attempted to introduce videotape exhibit 1103 (containing footage of Detective Vannatter at the crime scene). Scheck argued he had been prohibited from showing this tape during cross-examination by the court's own ruling, so allowing it on redirect was unfair. Ito agreed on scope grounds and sustained the objection.

# 1 (The following proceedings were held at the bench:)

# 2 THE COURT:

All right. We're over at the sidebar. My recollection is that--wait. I think what happened was, I sustained the objection to Vannatter, but then they withdrew their objection.

# 3 MR. SCHECK:

No.

# 4 MR. COCHRAN:

We never saw this. We didn't show it.

# 5 MR. SCHECK:

No. Matter of fact, what happened is that I put in all the videotapes, showed him all the videotapes. I wanted to put them all in. They objected to all of them. You ruled that the only ones we could show them were going in, going out, the ones where he's in them. We couldn't show the Vannatter picture.

# 6 THE COURT:

Without foundation.

# 7 MR. SCHECK:

The reason I wanted to put it in was to show completeness, to make sure everything was clear. Now on redirect examination, he wants to put in the videotape that he objected to us putting in. This is ridiculous.

# 8 MR. GOLDBERG:

I withdrew my objection for the record. I want to make it very explicitly clear also, we did see a clip that had Detective Vannatter in it. It was at the very tail end of putting the items in the crime scene truck.

# 9 THE COURT:

All right. They did withdraw their objection.

# 10 MR. COCHRAN:

If they withdrew the objection, then we have the right to look at this, see what--

# 11 MR. SCHECK:

The problem is, I thought the Court ruled very clearly I couldn't do it.

# 12 THE COURT:

I did. Then they withdrew their objection.

# 13 MR. COCHRAN:

We have a right to see it.

# 14 MR. SCHECK:

I thought I was prohibited from showing it based on the objection--based on the Court's ruling.

KEY QUOTE

# 15 THE COURT:

They said in light of the Court's ruling letting in 1 and 2, they withdraw their objection to 3.

# 16 MR. COCHRAN:

My point is, we have a right to see what they--

# 17 THE COURT:

No, Mr. Cochran. I'm listening to Mr. Scheck here.

# 18 MR. SCHECK:

Excuse me. When you say withdraw their objection to 3, talking about 1103. The problem here, your Honor, is, 1103 is a tape that has two sections to it, one of which is him coming out, the other one is Detective Vannatter coming in with black--actually two shots.

# 19 THE COURT:

Although I must tell you I think this is a lot to do about nothing. Eventually, we're going to see the KABC tape which has all of this stuff together. So--

KEY QUOTE

# 20 MR. GOLDBERG:

Our position is, all of this is a lot to do about nothing, but we have to raise it.

# 21 THE COURT:

Since it was not offered during the cross-examination, it's not fair game at this point. So there's a scope objection. Is that what it is?

# 22 MR. SCHECK:

Yes.

# 23 THE COURT:

Sustained.

Temperature

procedural

Key Quotes (3)

Barry Scheck

Now on redirect examination, he wants to put in the videotape that he objected to us putting in. This is ridiculous.

Captures the core irony: the prosecution blocked this tape during cross, then tried to introduce it themselves on redirect.

Lance A. Ito

Although I must tell you I think this is a lot to do about nothing. Eventually, we're going to see the KABC tape which has all of this stuff together.

Ito signals impatience with the dispute while foreshadowing that the KABC footage will render it moot.

Barry Scheck

I thought I was prohibited from showing it based on the objection--based on the Court's ruling.

Scheck's central argument: he cannot be penalized on redirect for following the court's own evidentiary ruling during cross.

Evidence (2)

1103

Videotape with two sections: one of Fung coming out, one of Detective Vannatter arriving at the crime scene with items loaded into the crime scene truck

disputed on redirect; scope objection sustained

Informal

KABC tape referenced by Ito as containing all the relevant footage

mentioned as forthcoming context

Notable Exchanges (1)

Barry Scheck•Hank Goldberg•Lance A. Ito

Scheck argues the prosecution cannot introduce on redirect a tape they successfully blocked during cross; Goldberg counters he withdrew his objection; Ito rules it outside redirect scope regardless.

strategic

Light Moments (1)

Lance A. Ito / Hank Goldberg

Ito calls the entire dispute 'a lot to do about nothing'; Goldberg immediately agrees but says 'we have to raise it.'

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 5710 • 23 utterances

Criminal Trial

Department 103