📄 Sidebar: blood vial — Tuesday, April 18, 1995
Address:
C:\DEPT103\CRIMINAL\1995\APR\18\SIDEBAR-BLOOD-VIAL.DOC
TRIAL
▲ Day 59 of 167

Sidebar: blood vial

Date: Tuesday, April 18, 1995 • Utterances: 14
Defense attorney Barry Scheck sought to question a witness about the blood level in OJ Simpson's reference blood vial as observed on June 13th, arguing it was relevant to probing the witness's recollection and version of events. Prosecutor Hank Goldberg objected that the topic was outside the scope of redirect examination. Judge Ito sustained the objection, noting the witness had already said he couldn't answer the question.
1 THE COURT:

Mr. Goldberg.

2 MR. SCHECK:

Your Honor?

3 THE COURT:

Go ahead.

4 MR. SCHECK:

Your Honor, I think the testimony is clear from the preliminary hearing that he--

5 THE COURT:

But the scope here is determined by the redirect examination, counsel.

6 MR. SCHECK:

The scope here with respect to the reexamination has to do with what he did on the afternoon of June 13th. And one of those things is, he inspected the blood vial. And I think I'm entitled to test his recollection as to his inspection of the blood vial and what it looked like in order to probe his version of these events. And all I'm asking him to do is--the only reason that the June 14th testimony is relevant is that there is a report saying when he looked at the vial on June 14th, it was pretty much full. I want to know if the vial--I want to ask him if the vial on June 13th was at the same level as when he saw it on June 14th. I want to probe his recollection as to how much blood was in the vial.

7 THE COURT:

Mr. Goldberg.

8 MR. GOLDBERG:

It's still irrelevant. this isn't anything I went into on redirect. I didn't ask him about that. This has to end somewhere, your Honor. We've been at it eight days.

9 MR. SCHECK:

That's the point. I think it's plainly relevant--

10 MR. GOLDBERG:

They can call a witness if they want to.

11 MR. SCHECK:

--to his version of events, looking at the vial. He also did testify to this in terms of whether he tampered with anything, et cetera, on redirect.

12 MR. GOLDBERG:

No, he didn't.

13 MR. SCHECK:

I can do this very quickly with this one question, have him put on this vial where he thinks he saw the blood and be over with it.

14 THE COURT:

He said he couldn't do it already. I'll sustain the scope objection.

KEY QUOTE

Temperature

tense

Key Quotes (3)

Barry Scheck
I want to ask him if the vial on June 13th was at the same level as when he saw it on June 14th. I want to probe his recollection as to how much blood was in the vial.
Reveals the defense strategy of implying blood was removed from the reference vial between June 13th and 14th — a core blood-tampering argument.
Hank Goldberg
This has to end somewhere, your Honor. We've been at it eight days.
Signals prosecution frustration with the length of cross-examination and signals this witness has been on the stand for an extended period.
Lance A. Ito
He said he couldn't do it already. I'll sustain the scope objection.
Shuts down the line of questioning on dual grounds — scope and futility.

Evidence (1)

Informal
OJ Simpson's reference blood vial, examined on June 13th and June 14th, 1994
discussed — defense seeking to question witness about blood level observed on each date

Notable Exchanges (2)

Barry ScheckHank Goldberg
Scheck argues the blood vial inspection is within scope because tampering was addressed on redirect; Goldberg flatly denies it and says the defense can call their own witness.
adversarial
Barry ScheckLance A. Ito
Scheck proposes a narrow single question about blood level; Ito shuts it down noting the witness already said he couldn't answer.
procedural

Credibility Attacks (1)

⚔ unnamed witness (likely LAPD criminalist or nurse who handled blood vial)
recollection testing / inconsistent observations across dates
Scheck sought to establish the witness could not reliably recall the blood level in the vial on June 13th, implying he would not have noticed if blood had been removed.

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 5756 • 14 utterances
Criminal Trial
Department 103
⚖️ Start
📂 APR 18, 1995 📄 Sidebar: blood vial
APR 18, 1995 KRT DvH TD