The defense team, led by Peter Neufeld, inspects approximately 23 sealed evidence items from the LAPD before cross-examining a witness, with Andrea Mazzola opening coin envelopes containing paper bindles while Judge Ito and the clerk document and reseal each item on the record. The proceeding is almost entirely logistical — Ito lends his scissors, the clerk provides evidence seals, and the judge narrates each item as Mazzola works through them. At the end, Neufeld makes a brief tactical argument that the prosecution should not be permitted to reference the evidence on redirect since they had not used it on direct.
# 1 (Appearances as heretofore noted.) # 2 (Janet M. Moxham, CSR no. 4855, official reporter.) # 3 (Christine M. Olson, CSR no. 2378, official reporter.) # 4 (The following proceedings were held in open Court, out of the presence of the jury:) # 5 THE COURT: Good morning, counsel. Back on the record in the Simpson matter. Mr. Simpson is again present before the Court with his counsel, Mr. Shapiro, Mr. Cochran, Mr. Blasier, Mr. Scheck, Mr. Neufeld, People represented by Mr. Goldberg and Mr. Darden. Good morning, counsel.
# 6 MR. SHAPIRO: Good morning, your Honor.
# 7 MR. COCHRAN: Good morning, your Honor.
# 8 MR. NEUFELD: Good morning, your Honor.
# 9 MR. SCHECK: Good morning, your Honor.
# 10 MR. BLASIER: Good morning, your Honor.
# 11 MR. GOLDBERG: Good morning, your Honor.
# 12 MR. DARDEN: Good morning, your Honor.
# 13 THE COURT: All right. We have the items of evidence present from the LAPD; is that correct?
# 14 MR. GOLDBERG: Yes, your Honor.
# 15 THE COURT: All right.
# 16 MR. GOLDBERG: With the exception of three control bindles on item 7, 12 and 49, which I advised counsel of.
# 17 THE COURT: All right. And, Mr. Neufeld, you wanted to inspect those items and, Mr. Goldberg, you wanted that done on the record; is that correct?
# 18 MR. GOLDBERG: Yes, your Honor.
# 19 THE COURT: All right. Let's proceed.
# 20 MR. GOLDBERG: Well, he has inspected the items, but he would like to open them. Some of them are sealed.
# 21 THE COURT: All right. How many of those items do you need to see, to open to see?
# 22 MR. NEUFELD: I just wanted to open the coin envelopes. But, you know, there's the 16 or so items.
# 23 THE COURT: How many?
# 24 MR. NEUFELD: One, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, seventeen, twenty-three items.
# 25 THE COURT: Haven't you already been given the opportunity to do this previously?
# 26 MR. NEUFELD: Your Honor--oh, no. That's not the point here. The point is, before I actually display them to the witness, I just want an opportunity to make sure these are the same ones that I've seen in the past. That can take literally seven or eight minutes to do. I was here at 8:30 for that purpose, as you know, your Honor.
# 28 MR. NEUFELD: I can do it during a very brief recess between the end of their recross--end of their redirect and my cross. I just need those seven minutes though before I actually show them to the witness, I've had an opportunity to look at them myself to make sure that they're the same.
# 29 THE COURT: All right. Mr. Goldberg, would you approach, please.
# 31 THE COURT: Let me give you my scissors. You've got 10 minutes.
# 32 MR. NEUFELD: Thank you very much.
# 33 THE COURT: We'll do it on the record. Do you need gloves for these things?
# 34 MR. GOLDBERG: I'm going to have Miss Mazzola do it if I may, and she has gloves.
# 35 THE COURT: All right.
# 37 THE COURT: Mr. Goldberg.
# 38 MR. GOLDBERG: We were just discussing that we don't have any seals to reseal the items, which we would like to do after they're reopened because they are analyzed evidence. Miss Mazzola just brought it to my attention.
# 39 THE COURT: All right. Mrs. Robertson, do you have evidence seals so we can reseal each of these items after they've been opened?
# 40 THE CLERK: Yes, your Honor.
# 41 THE COURT: All right. Would you supervise that process then over there, please. All right. Mr. Goldberg, Mr. Darden, can I ask you to clear a few items off your counsel table there, put them over here on the bar over by the jury rail so I can observe what's going on as well. And let's do this as expeditiously as we can.
# 42 MR. GOLDBERG: I will.
# 44 THE COURT: All right. Let's get started.
# 45 MR. GOLDBERG: Try to take them out to the best of your ability in numerical order.
# 46 THE COURT: All right. Miss Mazzola has resumed--excuse me--removed the contents of a 9 by 12 manila envelope. There appear to be numerous coin envelopes. All right. Which one do you have there, Miss Mazzola?
# 47 MS. MAZZOLA: It's item 8.
# 48 THE COURT: All right. Item 8. There appear to be two coin envelopes. They appear to be what, stapled together?
# 49 MS. MAZZOLA: Stapled together.
# 50 THE COURT: All right. You've removed two bindles. Mr. Harmon, you're going to have to stand out of the well, please. Mrs. Robertson, let me ask you to reseal these items.
# 52 MS. MAZZOLA: Item 11.
# 53 THE COURT: Again, two coin envelopes that appear to be stapled together.
# 54 MR. NEUFELD: Your Honor, just to tell you, if you want, since they have about 40 minutes of redirect, I can start on the recross before I get to this issue if you want to do this during the recess if you prefer.
# 55 THE COURT: Well, let's do it now.
# 57 THE COURT: All right. Which item is this?
# 58 MS. MAZZOLA: This is still 11.
# 59 THE COURT: All right. Two bindles.
# 60 MR. GOLDBERG: For the record, they are in a sealed condition, the bindles.
# 61 THE COURT: All right.
# 62 MR. NEUFELD: Thank you.
# 63 MS. MAZZOLA: Number 12.
# 64 THE COURT: Also appears to be two coin envelopes stapled together. Excuse me, counsel.
# 65 MR. NEUFELD: I am sorry. Just getting my coffee.
# 66 THE COURT: That's three times now. Deputy Jex. Appears to be one bindle.
# 67 MR. GOLDBERG: This bindle just has--does that just have a 12 on it? Is that a 12? What is that?
# 69 MR. GOLDBERG: It doesn't have a 12-c?
# 70 MS. MAZZOLA: This is property item 42.
# 71 THE COURT: Appears to be a single coin envelope. Appears to contain two paper bindles.
# 72 MS. MAZZOLA: Item 43.
# 73 MR. GOLDBERG: Two paper bindles came out of that item, your Honor.
# 75 MS. MAZZOLA: Item 44.
# 76 THE COURT: All right. A single coin envelope.
# 77 MR. GOLDBERG: Again, two paper bindles.
# 79 MS. MAZZOLA: Item 45.
# 80 THE COURT: Appear to be two coin envelopes stapled together. All right. Two paper bindles.
# 81 MS. MAZZOLA: Item 46.
# 82 THE COURT: All right. 46. Deputy Magnera, would you make preparations to resume again at 1 o'clock instead of 1:30? All right. Item 46. Would you describe that, Miss Mazzola?
# 83 MS. MAZZOLA: Appears to be a menu from a Thai-Chinese restaurant.
KEY QUOTE # 84 THE COURT: All right. Folded.
# 85 MS. MAZZOLA: Item 14.
# 86 THE COURT: All right. Single coin envelope.
# 87 MR. GOLDBERG: Two envelopes. I mean two bindles again.
# 88 THE COURT: Noted. Single coin envelope.
# 89 MS. MAZZOLA: Item 47.
# 90 THE COURT: Appears to be three coin envelopes stapled together.
# 91 MR. GOLDBERG: And also for the record so far, all the coin envelopes from which the bindles came were sealed.
# 92 THE COURT: Yes. And, Miss Mazzola, what is that?
# 93 MS. MAZZOLA: It is another single bindle that appears to be sealed up with tape, plastic seal.
# 94 MR. GOLDBERG: Does that say c or is that a control bindle or just a number?
# 95 MS. MAZZOLA: Number. This is the second coin envelope.
# 96 THE COURT: All right. The second sealed coin envelope.
# 97 (Discussion held off the record between Defense counsel and Ms. Mazzola.) # 98 THE COURT: All right. A single bindle out of the second coin envelope. All right. Miss Mazzola.
# 99 MS. MAZZOLA: Item 48.
# 100 THE COURT: Three coin envelopes. Deputy Jex, there's a lot of talking in the audience. I know three journalists and one book author that are about to go out. Ms. Hayslett, would you come here for a moment. Miss Mazzola, what is that? Is that a paper bindle?
# 101 MS. MAZZOLA: Yes. Single paper bindle with at least two color seals and several initials.
# 102 THE COURT: It's past 10 minutes at this point. Okay. What item is that?
# 103 MS. MAZZOLA: This is still item 48. This is the second sealed envelope.
# 104 THE COURT: All right. That was a single paper bindle?
# 105 MS. MAZZOLA: Correct.
# 106 MR. GOLDBERG: It also appears to be sealed with tape and it appears to be a control bindle.
# 107 MS. MAZZOLA: Item 41.
# 108 THE COURT: Single coin envelope. All right. Two paper bindles.
# 109 MS. MAZZOLA: Item no. 1.
# 110 THE COURT: All right. Two coin envelopes stapled together, one sealed.
# 111 MR. GOLDBERG: And two bindles.
# 112 THE COURT: Two paper bindles.
# 113 MR. GOLDBERG: Appear to be sealed.
# 114 MS. MAZZOLA: Item 4.
# 115 THE COURT: Two coin envelopes stapled together, one sealed. Two paper bindles.
# 116 MR. GOLDBERG: And two bindles.
# 117 MS. MAZZOLA: Item 5.
# 118 THE COURT: Appear to be two coin envelopes stapled together. One is sealed. Appear to be two paper bindles. Mr. Fairtlough, is there a reason you can't do that during a recess?
# 119 MS. MAZZOLA: Item no. 6.
# 120 THE COURT: Two coin envelopes stapled together. One appears to be sealed.
# 121 MS. MAZZOLA: Actually both are sealed.
# 122 THE COURT: Both are sealed. Mr. Neufeld, could you take two steps to the left? Thank you.
# 123 MS. MAZZOLA: Single bindle.
# 124 THE COURT: Single paper bindle. All right. Second coin envelope, appears to be one paper bindle. Next item.
# 125 MS. MAZZOLA: Next item is 49.
# 126 THE COURT: Two coin envelopes stapled together.
# 127 MS. MAZZOLA: One sealed.
# 128 THE COURT: One sealed.
# 129 MS. MAZZOLA: One bindle.
# 130 THE COURT: One bindle.
# 131 MS. MAZZOLA: Item 52, three bindles, two sealed.
# 132 THE COURT: Was the last item 2?
# 133 MS. MAZZOLA: The last item was 49.
# 134 THE COURT: 49, but there were two envelopes, correct?
# 135 MS. MAZZOLA: Two envelopes.
# 136 THE COURT: Right. All right. Which number is this?
# 137 MS. MAZZOLA: This is item 52. There are three envelopes, two of them are sealed.
# 138 THE COURT: Awfully long seven minutes.
KEY QUOTE # 139 MR. NEUFELD: The observation time if you add that up would be less than seven minutes.
KEY QUOTE # 140 MS. MAZZOLA: One bindle. This is the second sealed bindle--coin envelope, one sealed bindle and two micro centrifuge tubes. Item 7, two coin envelopes, one sealed. Excuse me. Two sealed.
# 141 THE COURT: Mrs. Robertson, do you have your stapler there?
# 142 THE CLERK: Yes, your Honor.
# 143 THE COURT: All right. Miss Mazzola.
# 144 MS. MAZZOLA: One of the sealed envelopes is empty. One paper bindle and four micro centrifuge tubes, C-E-N-T-R-I-F-U-G-E.
# 145 MR. GOLDBERG: This just says 7, it doesn't say 7c?
# 146 MS. MAZZOLA: Item 51, two coin envelopes, one sealed, two paper bindles. Item 50, three coin envelopes, two sealed, no paper. One paper bindle control. One paper bindle.
# 147 THE COURT: All right. If you'll--Mrs. Robertson, if you'll reseal all those items, please. All right. Mr. Neufeld, have you had the opportunity to observe those items?
# 148 MR. NEUFELD: I certainly have, your Honor. Thank you, your Honor. I just want to ask the Court that since the Prosecution chose not to use this evidence as its direct, as part of its direct case with this witness and I did ask specifically to use it for my cross and I had to delay the end of my cross until they were produced, that the People not be allowed to use this or these items, refer to them on their redirect since it's not something I went into on cross yet and I would have been entitled to show them for the first time on my cross.
# 149 THE COURT: Well, Mr. Goldberg indicated to me that he only had 20 more minutes. There's been no indication that he intends on using any of these items. Since that's a decision I don't have to make--
# 150 MR. GOLDBERG: Your Honor, we had an issue as to items no. 15 and 16 which the Court asked that we bring here this morning--
# 152 MR. GOLDBERG: --and now have. I don't know whether the Court wants to see--
# 153 THE COURT: Have you displayed those to Mr. Neufeld?
# 154 MR. GOLDBERG: Yes. This is item no. 15.
# 155 THE COURT: All right. Standard American Airlines ticket jacket with what appears to be a ticket sticking out of it or at least the stub.
# 156 MR. GOLDBERG: And item no. 16 which appears to be a baggage claim tag.
# 157 THE COURT: Is that one of those double stick fold-over, bar coded?
# 159 MR. GOLDBERG: Right.
# 160 THE COURT: All right. Noted. All right. Deputy Magnera--I'm sorry. Madam Court reporter, how do you want to split the morning?
# 161 THE COURT REPORTER: I'm fine for the morning.
# 162 THE COURT: I'm tempted to go straight through.
# 163 THE COURT REPORTER: That's fine.
# 164 THE COURT: All right. Let's have the jurors.