Sidebar: field procedures foundation

📄 Sidebar: field procedures foundation — Wednesday, April 5, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\5\SIDEBAR-FIELD-PROCEDURES-FOUND.DOC

TRIAL

▲ Day 52 of 167

◀ Cross-examination of Dennis Fung (morning, part 1) Cross-examination of Dennis Fung (morning, part 2) ▶

Date: Wednesday, April 5, 1995 • Utterances: 8

Judge Ito cuts off Barry Scheck at the sidebar, ruling that he cannot cross-examine the witness on a draft field procedures manual because the witness did not rely on it in forming his opinions. Scheck attempts to argue that the witness had acknowledged familiarity with the manual, but Ito shuts him down before he can finish.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 2 THE COURT:

ALL RIGHT. WE ARE AT THE SIDE BAR. THE PROBLEM YOU HAVE, MR. SCHECK, IS YOU CANNOT CROSS-EXAMINE SOMEBODY ON SOMETHING THEY HAVE NOT REFERRED TO IN FORMING THEIR OPINIONS ABOUT THIS CASE. ALL RIGHT. IF YOU ARE GOING TO ATTEMPT TO CROSS-EXAMINE HIM ON THIS DRAFT MANUAL, YOU CAN'T DO IT.

# 3 MR. SCHECK:

YOUR HONOR, MAY I BE HEARD FOR A MINUTE?

# 4 THE COURT:

BE MY GUEST.

# 5 MR. SCHECK:

I THINK THAT HIS TESTIMONY AT THE PRESENT TIME, AND I'M GOING TO EXPLAIN MY INTENTIONS, IS THAT HE HAS INDICATED THAT THIS IS A MANUAL THAT HE IS AWARE OF, HE HAS PERUSED THROUGH IT, HE HAS SEEN VARIOUS HANDOUTS. THIS MANUAL IS COMPOSED OF HANDOUTS ON VARIOUS DIFFERENT SUBJECTS.

# 6 THE COURT:

YOU DON'T HAVE THE FOUNDATION.

# 7 MR. SCHECK:

YOUR HONOR, MAY I JUST --

# 8 THE COURT:

NO, THANK YOU.

Temperature

tense

Key Quotes (3)

Lance A. Ito

YOU CANNOT CROSS-EXAMINE SOMEBODY ON SOMETHING THEY HAVE NOT REFERRED TO IN FORMING THEIR OPINIONS ABOUT THIS CASE.

States the evidentiary rule Ito is applying — the manual is off-limits for cross if the witness didn't rely on it.

Barry Scheck

HE HAS INDICATED THAT THIS IS A MANUAL THAT HE IS AWARE OF, HE HAS PERUSED THROUGH IT, HE HAS SEEN VARIOUS HANDOUTS.

Scheck's argument for foundation — awareness and familiarity, even without direct reliance.

Lance A. Ito

NO, THANK YOU.

Abrupt dismissal of Scheck mid-sentence; signals Ito's impatience and firm ruling.

Evidence (1)

Informal

Draft field procedures manual, described as composed of handouts on various subjects

challenged — defense seeks to use for cross-examination, judge rules insufficient foundation

Notable Exchanges (1)

Lance A. Ito•Barry Scheck

Ito cuts Scheck off twice before he can complete his foundation argument, ending with a dismissive 'No, thank you' while Scheck is mid-sentence.

terse

Objections

None recorded

Proceeding 5599 • 8 utterances

Criminal Trial

Department 103