Introduction of counsel to jury

📄 Introduction of counsel to jury — Monday, April 3, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\3\INTRODUCTION-OF-COUNSEL-TO-JUR.DOC

TRIAL

▲ Day 50 of 167

◀ Motion: exhibit board admissibility Direct examination of Dennis Fung (morning) ▶

Date: Monday, April 3, 1995 • Utterances: 32

Judge Ito introduces a new phase of the trial focused on the collection and testing of physical evidence, including DNA analysis. Marcia Clark introduces the prosecution's specialized team (Goldberg, Clarke, Harmon), and Robert Shapiro introduces the defense's DNA experts (Neufeld, Scheck, Blasier). The proceeding ends with the first witness for this phase being called: criminalist Dennis Fung.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

# 2 THE COURT:

ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. PLEASE BE SEATED. ALL RIGHT. LET THE RECORD REFLECT THAT WE'VE BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. GOOD MORNING, LADIES AND GENTLEMEN.

# 3 THE JURY:

GOOD MORNING.

# 4 THE COURT:

MY APOLOGIES TO YOU FOR HAVING KEPT YOU SO LONG. AS I INDICATED TO YOU LAST WEEK, WE ARE GOING TO NOW CHANGE THE FOCUS OF THE CASE TO THE ACTUAL COLLECTION AND TESTING OF THE EVIDENCE IN THIS CASE. AND I INDICATED TO YOU THERE WERE A NUMBER OF PRELIMINARY ISSUES THAT I HAD TO DETERMINE TO SEE WHAT EVIDENCE WAS GOING TO BE PRESENTED TO YOU, AND JUST FOR AN EXAMPLE, THIS MORNING, I'VE TAKEN SIX PAGES OF NOTES JUST ON THE HEARINGS THAT WE'VE HAD TODAY. SO WE'VE BEEN HARD AT WORK SINCE 8:30 THIS MORNING AND I JUST WANTED YOU TO KNOW THAT WE KNOW THAT YOU'RE BACK THERE WAITING FOR US. WE HAVE SOME NEW ATTORNEYS PRESENT IN THE COURTROOM FOR THIS PHASE OF THE TRIAL. AND, MISS CLARK, LET ME START WITH YOU. DO YOU WISH TO INTRODUCE THE MEMBERS OF YOUR TEAM WHO WILL BE PRESENTING THIS EVIDENCE?

# 5 MS. CLARK:

YES. THANK YOU VERY MUCH, YOUR HONOR. GOOD MORNING, LADIES AND GENTLEMEN.

# 6 THE JURY:

GOOD MORNING.

# 7 MS. CLARK:

I'VE INTRODUCED THESE MEMBERS OF THE TEAM AT THE TIME OF OUR OPENING STATEMENT, BUT IT'S BEEN A LONG TIME SINCE THEN. YOU'VE PROBABLY FORGOTTEN. THIS IS MR. HANK GOLDBERG.

# 8 MR. GOLDBERG:

GOOD MORNING.

# 9 THE JURY:

GOOD MORNING.

# 10 MS. CLARK:

AND THIS IS MR. WOODY CLARKE.

# 11 MR. CLARKE:

GOOD MORNING.

# 12 THE JURY:

GOOD MORNING.

# 13 MS. CLARK:

AND THIS IS MR. ROCK HARMON.

# 14 THE JURY:

GOOD MORNING.

# 15 MS. CLARK:

THESE GENTLEMEN WILL BE PRESENTING THE EVIDENCE CONCERNING THE PHYSICAL EVIDENCE, THE COLLECTION OF IT AND THE ANALYSIS OF IT BOTH FOR CONVENTIONAL SEROLOGY AND FOR THE ANALYSIS OF DNA.

KEY QUOTE

# 16 THE COURT:

THANK YOU, MISS CLARK. MR. SHAPIRO.

# 17 MR. SHAPIRO:

THANK YOU VERY MUCH, YOUR HONOR. GOOD MORNING, LADIES AND GENTLEMEN.

# 18 THE JURY:

GOOD MORNING.

# 19 MR. SHAPIRO:

WE HAVE THREE LAWYERS WHO WILL BE ASSISTING US IN THIS PHASE OF THE EVIDENCE, MR. PETER NEUFELD, WHO HAS BEEN WITH US SINCE THE BEGINNING BUT IS MAKING HIS FIRST APPEARANCE BEFORE THE JURY.

# 20 MR. NEUFELD:

GOOD MORNING.

# 21 THE JURY:

GOOD MORNING.

# 22 MR. SHAPIRO:

MR. BARRY SCHECK, WHO HAS ALSO BEEN WITH US FROM THE BEGINNING AND MAKING HIS FIRST APPEARANCE HERE.

# 23 MR. SCHECK:

GOOD MORNING.

# 24 THE JURY:

GOOD MORNING.

# 25 MR. SHAPIRO:

AND MR. ROBERT BLASIER WHO HAS BEEN A MEMBER OF OUR TEAM AND WILL BE AIDING IN THE PRESENCE OF EVIDENCE AND CROSS-EXAMINATION OF EXPERT WITNESSES.

# 26 MR. BLASIER:

GOOD MORNING.

# 27 THE JURY:

GOOD MORNING.

# 28 MR. SHAPIRO:

THANK YOU.

# 29 THE COURT:

THANK YOU, COUNSEL.

# 30 MR. SHAPIRO:

THANK YOU, YOUR HONOR.

# 31 THE COURT:

ALL RIGHT. PEOPLE'S NEXT WITNESS.

# 32 MR. GOLDBERG:

PEOPLE CALL DENNIS FUNG TO THE STAND.

Temperature

procedural

Key Quotes (3)

Lance A. Ito

THIS MORNING, I'VE TAKEN SIX PAGES OF NOTES JUST ON THE HEARINGS THAT WE'VE HAD TODAY. SO WE'VE BEEN HARD AT WORK SINCE 8:30 THIS MORNING AND I JUST WANTED YOU TO KNOW THAT WE KNOW THAT YOU'RE BACK THERE WAITING FOR US.

Ito's rare moment of transparency with the jury, acknowledging extensive behind-the-scenes litigation over what evidence would be admitted.

Marcia Clark

THESE GENTLEMEN WILL BE PRESENTING THE EVIDENCE CONCERNING THE PHYSICAL EVIDENCE, THE COLLECTION OF IT AND THE ANALYSIS OF IT BOTH FOR CONVENTIONAL SEROLOGY AND FOR THE ANALYSIS OF DNA.

Signals the trial is entering its DNA phase, which would become the most technically complex and contested portion.

Robert Shapiro

MR. PETER NEUFELD, WHO HAS BEEN WITH US SINCE THE BEGINNING BUT IS MAKING HIS FIRST APPEARANCE BEFORE THE JURY.

Introduction of the Innocence Project co-founders Neufeld and Scheck, specialists brought in specifically to challenge the DNA evidence.

Notable Exchanges (1)

Lance A. Ito•The Jury

Judge explains the transition to the physical evidence phase and apologizes for delays caused by lengthy pretrial hearings on evidentiary issues.

collegial

Objections

None recorded

Proceeding 5553 • 32 utterances

Criminal Trial

Department 103