All right. Back on the record in the Simpson matter. All parties are again present. Deputy Magnera, let's have the jurors, please.
Your Honor, we had an objection on that issue. You want to just resolve that before the jury comes in just so we're clear on this?
I'm sorry. I recollect now. Apparently there's a tape-recorded statement, the tape recording of the statement.
That's right. There was a surreptitious tape-recording by the detectives who interviewed her that day. And I want the Court to be very clear--
KEY QUOTED.A. Investigators. Thank you. Number one, this is a tape that was produced by the Prosecution and given to the Defense in discovery. There was no duty on the Defense to give it back to the Prosecution. It's a private tape and by this witness.
Well, my objection is, your Honor, they created a transcript, which could qualify as work product and normally would unless they're going to use it, which he now intends to do. I don't have that transcript. This tape is extremely difficult to hear because the audio is poor and there's a lot of background noise. And if they're going to use this to refresh her recollection, then I am entitled to it. If he doesn't want to use it, fine. Maybe counsel doesn't know that in this county, there is basically an informal practice by most attorneys that although technically, transcribing a tape is work product and not something we have to turn over, that we do turn over transcripts. He may not know that because he does not practice here. But at any rate, once he wants to use it, at that point, we're entitled to a copy, we're entitled to sit down and determine whether it's correct.
I actually would be more than happy to let her listen to the tape to refresh her recollection. I was actually just trying to save time.
All right. Do you have any objection to providing Mr. Goldberg with a copy of the pages you intend on using out of this transcript?
All right. Then--it would have helped if you had talked about this over the lunch hour.
Well, I actually--excuse me. No, you didn't ask me for the transcript. What I suggested to Mr. Goldberg--
You know, it would be thrilling if you guys talked about this stuff over the lunch hour rather than taking the jury time to do this.
KEY QUOTEBasically what counsel has pointed out to me is identical to what the witness has already testified to, and the Court already gave very limited rulings on this. So I don't know why we're going over this all over again.
KEY QUOTEMr. Goldberg is misstating the record. She said she didn't remember saying these statements to them and I now wanted to show her the actual statements to see if it refreshes her recollection.
All right. And that's the purpose for which it will be allowed. All right. Let's have the jurors.
Yeah. I may have to at some point call a detective, but not--I can't put it into this witness. I accept that.
All right. Thank you. Let's have the jurors. And, Mr. Goldberg, you do have your next witness available, correct?
You know, it would be thrilling if you guys talked about this stuff over the lunch hour rather than taking the jury time to do this.
This tape is extremely difficult to hear because the audio is poor and there's a lot of background noise.
There was a surreptitious tape-recording by the detectives who interviewed her that day.
Basically what counsel has pointed out to me is identical to what the witness has already testified to, and the Court already gave very limited rulings on this.