Motion: report production

📄 Motion: report production — Tuesday, April 25, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\25\MOTION-REPORT-PRODUCTION.DOC

TRIAL

▲ Day 61 of 167

◀ Cross-examination of Andrea Mazzola (morning, part 2) Cross-examination of Andrea Mazzola (morning, part 3) ▶

Date: Tuesday, April 25, 1995 • Utterances: 12

Defense attorney Peter Neufeld requests the court compel the prosecution to produce a report Andrea Mazzola had been filling out on another case during the morning of June 14th — the morning she was not processing Simpson evidence. Judge Ito cuts off argument and schedules a brief hearing for 4:30 PM. No ruling is made on discoverability.

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

# 2 THE COURT:

All right. Back on the record. Mr. Neufeld.

# 3 MR. NEUFELD:

Yes. Just one brief item, your Honor. Miss Mazzola had mentioned during cross-examination on the morning of the 14th, she was not processing evidence, but instead, she was filling out a report on another case. I'm asking that the People be compelled to instruct her to produce that report either this afternoon or tomorrow morning, preferably this afternoon because what she did the morning of the 14th is a very relevant, material matter which will be coming up in this cross-examination. The People are well aware of it.

# 4 THE COURT:

Any difficulty locating the report?

# 5 MR. GOLDBERG:

I don't know, your Honor, because I don't know whether they can track down per case. But I told counsel that just generally speaking, I didn't see how that could possibly be discoverable and, therefore, I would oppose it.

# 6 THE COURT:

All right. We'll have a hearing 4:30.

# 7 MR. GOLDBERG:

What?

# 8 THE COURT:

4:30.

# 9 MR. NEUFELD:

Okay. But I can tell you in 10 seconds why it's discoverable frankly.

KEY QUOTE

# 10 THE COURT:

4:30.

# 11 MR. NEUFELD:

Okay.

# 12 THE COURT:

Let's have the jurors.

Temperature

procedural

Key Quotes (3)

Peter Neufeld

what she did the morning of the 14th is a very relevant, material matter which will be coming up in this cross-examination

Signals the defense intends to press Mazzola on her whereabouts and activities during the critical morning of June 14th, the day evidence was collected

Hank Goldberg

I didn't see how that could possibly be discoverable and, therefore, I would oppose it

Prosecution resists producing the report without even knowing if it can be located

Peter Neufeld

I can tell you in 10 seconds why it's discoverable frankly.

Neufeld tries to preempt the 4:30 hearing; Ito shuts him down immediately

Evidence (1)

Informal

Report Mazzola was filling out on another case on the morning of June 14th instead of processing Simpson evidence

requested via motion to compel

Notable Exchanges (1)

Peter Neufeld•Lance A. Ito

Neufeld tries twice to argue discoverability on the spot; Ito simply repeats '4:30' both times and moves on

strategic

Light Moments (1)

Hank Goldberg

Goldberg's confused 'What?' when Ito schedules the hearing for 4:30 — apparently caught off guard by the quick ruling

Credibility Attacks (1)

⚔ Andrea Mazzola

prior inconsistent activity / impeachment by omission

Defense is building toward cross-examination on what Mazzola was actually doing the morning of June 14th, implying she was not where she should have been during evidence collection

Objections

None recorded

Proceeding 5798 • 12 utterances

Criminal Trial

Department 103