📄 Sidebar: glove photograph — Wednesday, April 5, 1995
Address:
C:\DEPT103\CRIMINAL\1995\APR\5\SIDEBAR-GLOVE-PHOTOGRAPH.DOC
TRIAL
▲ Day 52 of 167

Sidebar: glove photograph

Date: Wednesday, April 5, 1995 • Utterances: 13
Defense attorney Barry Scheck raises a sidebar to address how to display a crime scene photograph showing Detective Fuhrman pointing at the glove at Bundy. Scheck proposes cropping out Nicole Brown Simpson's body using the computer display system before showing it to the witness. After brief back-and-forth, Scheck agrees to show the full photo first then crop, and Judge Ito approves using the photo rather than hunting for the already-marked exhibit.
1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)
2 MR. SCHECK:

YOUR HONOR, THIS IS A PHOTOGRAPH WHICH I BELIEVE THE PEOPLE HAVE VARIOUS DIFFERENT FORMS OF IT THAT THE PEOPLE PREVIOUSLY INTRODUCED.

3 THE COURT:

YEAH. THIS IS A PICTURE OF DETECTIVE FUHRMAN.

4 MR. SCHECK:

POINTING AT THE GLOVE.

5 THE COURT:

POINTING AT THE GLOVE AND PERHAPS THE SKI CAP AND BODY OF NICOLE BROWN SIMPSON AS PRESENT IN THE RIGHT -- LOWER RIGHT-HAND CORNER.

6 MR. SCHECK:

YES. FROM MY READING OF THE GRAND JURY TESTIMONY, I THINK THAT MR. FUNG HAD ACTUALLY BEEN DISPLAYED THIS PICTURE, HAD BEEN SHOWN THIS PICTURE OR ONE OF THE VERSIONS OF IT. WHAT I WOULD LIKE TO DO IS SHOW THIS PICTURE, BUT I WOULD LIKE TO ASK MR. HARRIS TO FOCUS IN, USING THE COMPUTER SYSTEM, ON ONE PART OF IT THAT DOESN'T -- AND CROP OUT THE PICTURE OF HER BODY, AND THAT'S WHAT I PROPOSE TO DO RIGHT NOW.

7 MR. GOLDBERG:

YOUR HONOR, I HAVE NO IDEA FOR WHAT PURPOSE MR. SCHECK WANTS TO USE IT, BUT IF HE IS GOING TO BE ASKING THE WITNESS QUESTIONS ABOUT WHETHER HE RECOGNIZES IT, IT COULD BE VERY MISLEADING TO THE WITNESS IF HE DOESN'T SEE THE PICTURE, PHOTOGRAPH OF THE VICTIM.

8 MR. SCHECK:

LET ME DO THIS. LET ME SHOW THE WITNESS THE ENTIRE PHOTOGRAPH AND THEN CROP OFF THE VICTIM.

9 MR. COCHRAN:

JUDGE, YOU CAN CUT THE FEED. THERE'S PROBABLY SOME OTHER PICTURE WE COULD GET IF YOU WANT.

10 MR. SCHECK:

THIS IS THE ONE I HAVE TO USE FOR THIS FIRST SHOT, AND WE'VE WORKED IT OUT WITH MR. HARRIS.

11 MR. GOLDBERG:

YOUR HONOR, JUST ONE MORE STATEMENT. I DON'T KNOW IF THIS IS A LEGAL OBJECTION, BUT MISS CLARK TELLS ME THIS SCENE IS ALREADY IN EVIDENCE. SO I DON'T KNOW WHETHER THE COURT WOULD PREFER THEM TO REFER TO THE EXHIBIT THAT HAS ALREADY BEEN MARKED. I MEAN, THAT'S THE KIND OF THING THAT'S DISCRETIONARY WITH THE COURT.

12 THE COURT:

I THINK IT WOULD TAKE SOME TIME TO FISH IT OUT, FIND IT. SO LET'S USE THIS ONE.

KEY QUOTE
13 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

Temperature

procedural

Key Quotes (3)

Barry Scheck
WHAT I WOULD LIKE TO DO IS SHOW THIS PICTURE, BUT I WOULD LIKE TO ASK MR. HARRIS TO FOCUS IN, USING THE COMPUTER SYSTEM, ON ONE PART OF IT THAT DOESN'T -- AND CROP OUT THE PICTURE OF HER BODY
Reveals defense strategy to isolate Fuhrman's interaction with the glove without the emotional weight of Nicole's body in frame
Hank Goldberg
IT COULD BE VERY MISLEADING TO THE WITNESS IF HE DOESN'T SEE THE PICTURE, PHOTOGRAPH OF THE VICTIM
Prosecution's concern that cropping the photo would alter the witness's recognition of the scene
Lance A. Ito
I THINK IT WOULD TAKE SOME TIME TO FISH IT OUT, FIND IT. SO LET'S USE THIS ONE.
Pragmatic ruling — use the photo at hand rather than tracking down the previously marked exhibit

Evidence (1)

Informal
Crime scene photograph showing Detective Fuhrman pointing at the glove at Bundy, with ski cap and Nicole Brown Simpson's body visible in lower right corner
discussed, display method negotiated — shown full then cropped

Notable Exchanges (2)

Barry ScheckHank Goldberg
Scheck proposes cropping Nicole's body from the photo; Goldberg warns this could mislead the witness; Scheck concedes to show the full photo first before cropping
strategic
Johnnie CochranBarry Scheck
Cochran suggests cutting the camera feed or finding an alternate photo; Scheck brushes it off, saying this is the one he needs
collaborative

Objections

None recorded
Proceeding 5616 • 13 utterances
Criminal Trial
Department 103
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📂 APR 5, 1995 📄 Sidebar: glove photograph
APR 5, 1995 KRT DvH TD