Back on the record. All parties are again present. And counsel, you've had the opportunity to review the VHS version of the tape from KABC news. Mr. Cochran, Mr. Scheck, any comment?
Your Honor, we have viewed the tape. It is certainly enlightening. The--in terms of the times, I think it is the best recollection of Mr. Coogan, that in terms of the process by which he sets the time, he doesn't think it would be off by more than thirty or forty seconds. Out of an abundance of caution, but in an estimate that he thinks he doesn't believe would really be accurate, he has indicated it could be off as much as five minutes. Frankly, I think that we should go with his best recollection and stipulate in terms of exactly what he did, that is to say--
Do you want to stipulate or do you want to have a hearing outside the presence of the jury? Mr. Coogan is here with his counsel.
I'm just talking about the times. He submitted an affidavit by saying he could be off by as much as five minutes, but in talking with him, I think the Prosecution will agree that his best estimate is really no more than thirty or forty seconds, so I would rather go with that because I think that is his best recollection.
Well, I think we should just go with what he said and we could probably just ask him exactly what he said and then stipulate to that, which is, I believe, that he looks at the clock in the station, which is apparently highly accurate, periodically, and sets his watch by that clock so that his best estimate as to how far off he is is about thirty seconds.
Let me ask you this: Do we have a stipulation or do we have to put something on the record?
That is his best recollection, but out of an abundance of caution, it could conceivably be off by as much as five minutes.
I would rather go with what his best recollection of what happened is, rather than any guesses. That is all. I mean, that is what I would propose to stipulate to.
All right. Is that stipulation acceptable to the People, the thirty to forty seconds?
Well, I would rather have what the actual truth is and then perhaps maybe we should have a little hearing on that issue, if the Court wants to, or--
Do you want to call Mr. Coogan out of order in front of the jury to lay the foundation?
Well, maybe if counsel and I sit down with Mr. Coogan we can come up with an exact precisely worded stipulation.
All right. Good morning, counsel. All right. Counsel, why don't you confer with Mr. Coogan and see if we can save some time here.
All right. Mr. Goldberg, Mr. Scheck, have we agreed upon a stipulation regarding the time stamp?
Yes. The proposed stipulation is that Mr. Coogan be deemed to have been called, duly sworn and testified that he makes it his practice to check his personal watch, his wristwatch, against the station clock, which he does every two to three weeks, and sets them, that when he does this, that he notices that he is off by no more than thirty to forty seconds, that he told the camera woman on June the 13th, who shot the videotape images that we are going to be showing, to set the camera's clock and that it was set against his watch, that the items--that the various clips are in sequence and that the clock and the camera continues to run after the camera is off.
KEY QUOTEAll right. Is that stipulation acceptable to the Prosecution? I mean, excuse me, to the Defense?
All right. Then that is accepted by the Court, and Mr. Goldberg, you are going to offer that stipulation before the jury; is that correct?
Your Honor, before Mr. Perry and Mr. Coogan leave, we had subpoenaed footage and outtakes from Bundy and we have some concern about selective production. We would ask that the Court order KABC to turn over to us their outtakes from Bundy if they are going to be turning over the outtakes from Rockingham. I think in the interest of getting to the truth here, I would ask the Court to order them to turn over their outtakes from Bundy.
Well, that would be in the form of a formal motion on written notice, et cetera, et cetera. I am not inclined to do that without formal motion.
Your Honor, when we subpoena them, we don't get them, but these are turned over. I mean, I just think in fairness--
One more request before the jury is brought back, and that is, I took a look at the Court's proposed charge with respect to the page 4 of the Rockingham checklist as you wrote it and made one--two small additions concerning the fact that--
All right. Counsel, I indicated that we are going to take up these matters on Wednesday.
Your Honor, if I may, I would ask you to peruse this and take a look at it for this reason--
Your Honor, we would like a copy of the tape with the counter, if we might do so, but I think only the Court's copy has that.
All right. Who has the actual physical custody of that? Mrs. Robertson, do you have that tape now?
Mr. Scheck, I'm going to tell you for the fourth time, no. Sit down.
Outtakes being a hot topic of litigation.
We would ask that the Court order KABC to turn over to us their outtakes from Bundy if they are going to be turning over the outtakes from Rockingham. I think in the interest of getting to the truth here, I would ask the Court to order them to turn over their outtakes from Bundy.
The proposed stipulation is that Mr. Coogan be deemed to have been called, duly sworn and testified that he makes it his practice to check his personal watch, his wristwatch, against the station clock, which he does every two to three weeks...