Document disclosure

📄 Document disclosure — Monday, April 17, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\17\DOCUMENT-DISCLOSURE.DOC

TRIAL

▲ Day 58 of 167

◀ Out of jury: scheduling Re-redirect examination of Dennis Fung ▶

Date: Monday, April 17, 1995 • Utterances: 14

Prosecutor Christopher Darden appeared briefly to correct the record on how documents were obtained from Mark Elliott — clarifying they were retrieved via subpoena duces tecum (SDT), not a search warrant. He also disclosed a St. Martens Press book contract and an interview transcript involving Mark Elliott and Kato Kaelin, handing them to the defense, and confirmed that 15-16 audiocassette tapes of Kaelin interviews held by the court could be copied by the defense.

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

# 2 THE COURT:

Back on the record in the Simpson matter. All parties are again present. Mr. Darden, good afternoon, sir. Are you here for some reason standing?

# 3 MR. DARDEN:

To watch the trial, your Honor.

# 4 THE COURT:

All right.

# 5 MR. DARDEN:

But beyond that, if I may, so that I might clarify a point on the record, the other day, Friday, I indicated to the Court that we had recovered certain documents from Mr. Mark Elliott and that we had recovered those documents not by SDT. In fact, they were recovered by SDT in lieu of our execution or obtainment of a search warrant. I would like to turn over to the Defense today a contract from St. Martens Press, it involves Mr. Elliott and Kato Kaelin, as well as a transcript of an interview Mark Elliott had with Kato Kaelin and which apparently served as a book proposal for Mr. Kaelin. Thank you.

# 6 THE COURT:

All right. The record will reflect that you're handing that--why don't you give it to Mr. Douglas. All right. I recollect, Mr. Darden, you indicated that the copies of the--what was it--20 tapes of interviews with Mr. Kaelin that you turned over to the Court?

# 7 MR. DARDEN:

The Court has 15 to 16 audiocassettes.

# 8 THE COURT:

15, 16--you indicated that those can be turned over to the Defense for their copying, correct?

# 9 MR. DARDEN:

Yes, your Honor.

# 10 THE COURT:

All right.

# 11 MR. DARDEN:

Thank you.

# 12 THE COURT:

All right. Mr. Scheck, are we ready?

# 13 MR. SCHECK:

Yes.

# 14 THE COURT:

All right. Let's have the jurors, please.

Temperature

procedural

Key Quotes (2)

Christopher Darden

I indicated to the Court that we had recovered certain documents from Mr. Mark Elliott and that we had recovered those documents not by SDT. In fact, they were recovered by SDT in lieu of our execution or obtainment of a search warrant.

Darden correcting the record on the legal mechanism used to obtain documents — relevant to chain of custody and defense challenges.

Christopher Darden

I would like to turn over to the Defense today a contract from St. Martens Press, it involves Mr. Elliott and Kato Kaelin, as well as a transcript of an interview Mark Elliott had with Kato Kaelin and which apparently served as a book proposal for Mr. Kaelin.

Reveals that Kato Kaelin was involved in a book deal, which could be used to attack his credibility or suggest a financial motive for his testimony.

Evidence (3)

Informal

St. Martens Press book contract involving Mark Elliott and Kato Kaelin

disclosed to defense

Informal

Transcript of Mark Elliott's interview with Kato Kaelin, apparently used as a book proposal

disclosed to defense

Informal

15-16 audiocassette tapes of interviews with Kato Kaelin held by the court

authorized for defense copying

Notable Exchanges (1)

Lance A. Ito•Christopher Darden

Ito asks Darden why he is standing, and Darden jokes he is there 'to watch the trial' before getting to the substance of his disclosure.

light

Light Moments (1)

Christopher Darden

Darden quips he is present 'to watch the trial' when Ito asks why he is standing.

Credibility Attacks (1)

⚔ Kato Kaelin

bias / financial interest

Disclosure of a St. Martens Press book contract and interview transcript suggests Kaelin had a financial motive tied to the case, potentially impeachable at trial.

Objections

None recorded

Proceeding 5721 • 14 utterances

Criminal Trial

Department 103