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📄 Sidebar — Wednesday, April 26, 1995

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TRIAL

▲ Day 62 of 167

◀ Cross-examination of Andrea Mazzola (part 4) Cross-examination of Andrea Mazzola (part 5) ▶

Date: Wednesday, April 26, 1995 • Utterances: 31

Attorneys and Judge Ito huddle to establish what cross-examination questions Neufeld can ask the current witness (likely Andrea Mazzola) about her handling of OJ Simpson's blood sample. The sidebar resolves around a document marked Item 1120 that gives Neufeld good-faith basis to ask whether sessions with Kestler were secretly recorded, and whether the witness ever handled the defendant's blood vial — an inconsistency Fung's testimony had opened up. Cochran also raises a scheduling question about other witnesses if evidence from Parker Center is delayed.

# 1 THE COURT:

All right. I've got this item which is now 1120.

# 2 MR. NEUFELD:

Okay. And at least I think it supports my good faith basis for asking the question about whether it was surreptitiously tape-recorded.

# 3 THE COURT:

I agree.

# 4 MR. NEUFELD:

Okay. The only place I'm going with it, your Honor, given the Court's limiting instructions from the bench before, is to show that she was asked before.

# 5 MS. CLARK:

Could counsel keep his voice down, please, Mr. Neufeld.

# 6 THE COURT:

Yes, please.

# 7 MR. NEUFELD:

I'm sorry, your Honor. Thank you, Miss Clark. She was asked on numerous occasions at any of the session where is Miss Kestler was present were any other people present? She was asked this morning whether or not at any session where Miss Kestler was present was anything other than pointers discussed?

# 8 THE COURT:

All right. We have established--we have established two things: One, the meeting did in fact take place. Took place at Denny's across the street from Piper Tech. And is there any other inconsistency in this statement you want to go after?

# 9 MR. NEUFELD:

Umm--

# 10 THE COURT:

The one that is apparent to the Court is where she was--

# 11 MR. NEUFELD:

I'm sorry, I thought you were asking me. I apologize.

# 12 THE COURT:

The one that appears apparent to the Court is the one that says she never handled Mr. Simpson's blood sample. That appears to be the one inconsistent statement.

KEY QUOTE

# 13 MR. GOLDBERG:

She hasn't testified in Court that she has ever handled the Defendant's blood sample, neither on direct or on cross.

# 14 MR. NEUFELD:

Mr. Fung testified that she handled it because Mr. Fung testified that she carried it out in a garbage back.

KEY QUOTE

# 15 MR. GOLDBERG:

But she has testified that she did not know that. At least that is the implication of her testimony.

# 16 THE COURT:

Why don't you ask her the question, if she did handle the blood.

# 17 MR. GOLDBERG:

You see, the other thing, your Honor, is that to the extent that she now believes that she handled the blood vial, that would probably be based of necessity on her viewing of the tapes and looking at lab reports and other notes that happened after this interview took place.

# 18 THE COURT:

All right. Well, I think based upon what is here, you can fairly ask if she did in fact at any time to her knowledge handle the Defendant's blood sample. You can ask that.

# 19 MR. GOLDBERG:

To your knowledge on the 13th and the 14th--I mean on the 13th?

# 20 MR. NEUFELD:

Also as of November 21, 1994, did she maintain the position that she had ever handled it?

# 21 THE COURT:

Why don't you just ask her the open-ended question did she ever handle the Defendant's blood sample.

KEY QUOTE

# 22 MR. NEUFELD:

Okay. Then I can follow up.

# 23 THE COURT:

We will see what comes after that.

# 24 MR. COCHRAN:

Since we are up here, Judge, and you don't like side bars, if the evidence doesn't come over from Parker Center, I thought you had indicated to us you would have those two short witnesses. Why don't we just take them and call her back.

# 25 THE COURT:

Or why don't we start with redirect.

# 26 MR. GOLDBERG:

We can do that.

# 27 MR. COCHRAN:

We can do that.

# 28 THE COURT:

Let's just keep this witness here. I don't want to jump witnesses back and forth.

# 29 MR. COCHRAN:

All right.

# 30 THE COURT:

Let's see what happens.

# 31 MR. NEUFELD:

All right.

Temperature

procedural

Key Quotes (4)

Lance A. Ito

The one that appears apparent to the Court is the one that says she never handled Mr. Simpson's blood sample. That appears to be the one inconsistent statement.

Ito identifies the core impeachment target: a prior statement in which the witness denied ever handling Simpson's blood vial, contradicted by Fung's testimony.

Peter Neufeld

Mr. Fung testified that she handled it because Mr. Fung testified that she carried it out in a garbage back.

Establishes the contradiction between Fung's prior testimony and this witness's account — central to the defense's chain-of-custody attack.

Lance A. Ito

Why don't you just ask her the open-ended question did she ever handle the Defendant's blood sample.

Ito cuts through the lawyers' sparring and sets the permitted scope of cross-examination simply and directly.

Hank Goldberg

To the extent that she now believes that she handled the blood vial, that would probably be based of necessity on her viewing of the tapes and looking at lab reports and other notes that happened after this interview took place.

Prosecution attempts to explain away any change in the witness's position as a product of later review rather than original knowledge — preempting impeachment.

Evidence (1)

Item 1120

A document (likely a prior statement or report) reviewed at sidebar that establishes good-faith basis for asking whether meetings with Kestler were surreptitiously recorded

discussed, used to establish cross-examination scope

Notable Exchanges (2)

Peter Neufeld•Hank Goldberg•Lance A. Ito

Three-way negotiation over what Neufeld can ask the witness about handling Simpson's blood sample. Goldberg argues any change in her position stems from post-interview tape review; Neufeld counters with Fung's testimony; Ito resolves it by allowing an open-ended question.

strategic

Johnnie Cochran•Lance A. Ito

Cochran raises the possibility of calling two short witnesses while waiting for evidence from Parker Center; Ito declines, preferring to keep the current witness rather than juggle the order.

procedural

Credibility Attacks (1)

⚔ Andrea Mazzola (presumed)

prior inconsistent statement

Neufeld uses Item 1120 and Fung's prior testimony to establish that the witness previously denied handling Simpson's blood sample, contradicting what Fung said about her carrying it in a garbage bag — setting up impeachment on redirect/recross.

Objections

None recorded

Proceeding 5822 • 31 utterances

Criminal Trial

Department 103