A brief administrative hearing in which Judge Ito scheduled argument on the defense's request for sanctions and monetary sanctions for the following day, after plaintiff's counsel Cheri Lewis noted she had only received the motion that morning. Several exhibits were also admitted for purposes of an upcoming hearing on the coroner's testimony and photographs, with witness Dennis Fung and display boards en route to the courtroom.
# 1 THE COURT: ALL RIGHT. I HAVE BEFORE ME A DEFENDANT'S REQUEST FOR SANCTIONS AND INCLUDING MONETARY SANCTIONS AND INSTRUCTIONS TO THE JURY. I WILL HEAR ARGUMENT.
# 2 MS. LEWIS: YOUR HONOR, I DO WANT TO MAKE -- NOTE THAT I JUST RECEIVED THIS AT A QUARTER OF 9:00 THIS MORNING. I BARELY HAD TIME TO READ IT, LET ALONE TO CONFER WITH OTHER COUNSEL ON THE CASE IN TERMS OF RESPONDING TO IT. SO I WOULD REQUEST AN OPPORTUNITY TO RESPOND, A PERIOD OF TIME DURING WHICH TO CONFER WITH MY COLLEAGUES BEFORE RESPONDING.
# 3 MR. COCHRAN: I HAVE NO OBJECTION. IT WAS FILED THIS MORNING, YOUR HONOR.
# 4 THE COURT: ALL RIGHT. THEN I WILL HEAR ARGUMENT. HOW ABOUT AT 4:30?
# 5 MR. COCHRAN: WELL, 4:30 TODAY MAY BE A LITTLE TOUGH, YOUR HONOR, FOR OBVIOUS REASONS.
# 6 THE COURT: OH, I FORGOT.
# 7 MR. COCHRAN: 4:30 WILL BE TOUGH TODAY. 1:30 OR -- 4:30 IS A BAD DAY.
KEY QUOTE # 8 THE COURT: YOU ARE RIGHT.
# 9 MS. LEWIS: THERE IS ANOTHER HEARING, I BELIEVE, AT 1:30.
# 10 THE COURT: RIGHT, AND WE NEED TO BE SOMEWHERE AT 5:40.
# 12 THE COURT: ALL RIGHT.
# 14 THE COURT: ALL RIGHT. TOMORROW THEN WE WILL TAKE IT UP.
# 15 MR. COCHRAN: WHEN WAS THAT?
# 16 THE COURT: TOMORROW.
# 17 MS. LEWIS: IN THE MORNING, YOUR HONOR?
# 18 THE COURT: WE HAVE THE MOTION ON THE CORONER'S TESTIMONY AND MOTION ON CORONER'S PHOTOGRAPHS TODAY AT 1:30.
# 19 MR. COCHRAN: 1:30 TODAY?
# 21 MR. COCHRAN: DO YOU WANT TO DO IT AT 1:30 ALSO?
# 22 THE COURT: LET'S DO THAT TOMORROW.
# 23 MR. COCHRAN: ALL RIGHT.
# 24 THE COURT: ALL RIGHT. ANYTHING ELSE BEFORE WE INVITE THE JURORS TO REJOIN US?
# 25 MS. LEWIS: OH, YOUR HONOR. I WOULD MOVE THAT PEOPLE'S 159 BE ADMITTED INTO EVIDENCE FOR PURPOSES OF THIS HEARING AND DEFENSE 1006 BE CONSIDERED FOR THE HEARING.
# 26 THE COURT: ALL RIGHT. THEY WILL BE.
# 27 MS. LEWIS: AS WELL AS PEOPLE'S 158.
# 28 THE COURT: THEY WILL BE ACCEPTED FOR THE PURPOSES OF THE MOTION.
# 29 (PEO'S 159 = IN EVID) # 30 (PEO'S 158 = IN EVID) # 31 (DEFENSE 1006 = IN EVID) # 32 MR. NEUFELD: YOUR HONOR, I THINK YOU WANT TO TAKE UP THE BOARDS ALSO BEFORE THEY ARE INTRODUCED TO DENNIS FUNG.
# 33 THE COURT: ALL RIGHT. ALL RIGHT. WHO IS GOING TO BE PRESENTING MR. FUNG?
# 34 MS. LEWIS: HANK GOLDBERG WILL BE AND I BELIEVE WE ARE IN THE PROCESS OF NOTIFYING HIM. AND I ALSO OFFER DEFENSE 1068 FOR PURPOSES OF THIS HEARING.
# 35 THE COURT: ALL RIGHT.
# 36 (DEFT'S 1068 = IN EVID) # 37 MS. LEWIS: HE AND THE BOARDS ARE ON THE WAY, YOUR HONOR.
# 38 THE COURT: WHAT IS THE ETA?
# 39 MS. LEWIS: THE LENGTH OF TIME THE ELEVATORS TAKE, WHICH CAN BE FIVE, SIX, SEVEN, EIGHT MINUTES.
KEY QUOTE # 40 THE COURT: ALL RIGHT. MADAM REPORTER, DO WE NEED TO CHANGE?
# 41 REPORTER OLSON: YES, SIR.
# 42 THE COURT: ALL RIGHT. LET'S CHANGE COURT REPORTERS AND THEN WE WILL START WITH THE BOARDS.