Scheduling hearing and adjournment

📄 Scheduling hearing and adjournment — Thursday, April 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\6\SCHEDULING-HEARING-AND-ADJOURN.DOC

TRIAL

▲ Day 53 of 167

◀ Motion: airline tickets and baggage tag evidence Morning session opening ▶

Date: Thursday, April 6, 1995 • Utterances: 6

Defense attorney Peter Neufeld informed Judge Ito that the defense had filed a formal memorandum alleging prosecutorial misconduct, following a prior chambers discussion. The judge scheduled a hearing for Thursday at 4:30 PM after giving the prosecution until Tuesday to respond. The session closed with an unreported bench conference about juror health.

# 1 THE COURT:

ALL RIGHT. ALL RIGHT. ANYTHING ELSE WE CAN TAKE UP BEFORE WE TAKE OUR RECESS FOR THE DAY? MR. NEUFELD . MR. NEUFELD: JUST ONE MATTER, YOUR HONOR. YOU MAY RECALL ABOUT A WEEK AGO IN CHAMBERS, THERE WAS A DISCUSSION ABOUT POSSIBLE PROSECUTORIAL MISCONDUCT AND YOU HAD ASKED US TO SUBMIT THAT IN WRITING. WE'VE DONE SO TODAY IN A FORMAL MEMORANDUM ON THAT SUBJECT, HAS BEEN FILED WITH THE COURT TODAY ALONG WITH A STATEMENT OF FACTS. AND GIVEN THE NATURE OF IT, WE WOULD LIKE YOU SIMPLY TO CALENDAR IT AS EXPEDITIOUSLY AS POSSIBLE.

# 2 THE COURT:

ALL RIGHT. AND, MISS CLARK, WHEN DO YOU -- SINCE YOU GOT THIS TODAY, WHEN DO YOU -- HOW MUCH TIME DO YOU WANT TO RESPOND?

# 3 MS. CLARK:

WE WILL BE ABLE TO RESPOND ON TUESDAY, YOUR HONOR.

# 4 THE COURT:

ALL RIGHT. THEN WHY DON'T WE CALENDAR IT FOR HEARING -- HOW ABOUT THURSDAY THEN, 4:30? ALL RIGHT. THURSDAY, 4:30. ALL RIGHT. LET ME SEE COUNSEL WITHOUT THE COURT REPORTER, PLEASE.

# 5 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

# 6 THE COURT:

ALL RIGHT. FOR THE RECORD, I'VE SHARED WITH THE COUNSEL THE LATEST REPORT ON THE CONDITION OF OUR JURORS. WE'LL STAND IN RECESS UNTIL 9:00 O'CLOCK TOMORROW MORNING. ALL RIGHT. THANK YOU, COUNSEL.

Temperature

procedural

Key Quotes (2)

Peter Neufeld

THERE WAS A DISCUSSION ABOUT POSSIBLE PROSECUTORIAL MISCONDUCT AND YOU HAD ASKED US TO SUBMIT THAT IN WRITING. WE'VE DONE SO TODAY IN A FORMAL MEMORANDUM ON THAT SUBJECT

Signals a formal escalation of a misconduct allegation that had been raised informally in chambers

Lance A. Ito

FOR THE RECORD, I'VE SHARED WITH COUNSEL THE LATEST REPORT ON THE CONDITION OF OUR JURORS.

Indicates ongoing juror health concerns being monitored by the court

Evidence (1)

Informal

Defense memorandum alleging prosecutorial misconduct, filed with accompanying statement of facts

filed and calendared for hearing

Notable Exchanges (2)

Lance A. Ito•Peter Neufeld•Marcia Clark

Scheduling of prosecutorial misconduct hearing; Clark given until Tuesday to respond, hearing set for Thursday at 4:30

procedural

Lance A. Ito•counsel

Unreported bench conference regarding juror condition report

procedural

Witness Demeanor

(A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

Objections

None recorded

Proceeding 5625 • 6 utterances

Criminal Trial

Department 103