Jury instruction: notes to prosecution

📄 Jury instruction: notes to prosecution — Tuesday, August 1, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\1\JURY-INSTRUCTION-NOTES-TO-PROS.DOC

TRIAL

▲ Day 126 of 167

◀ Administrative matters: scheduling Cross-examination of Prof. Herbert MacDonell (part 1) ▶

Date: Tuesday, August 1, 1995 • Utterances: 9

Judge Ito opens the morning session by correcting a misleading implication from the previous day's cross-examination of defense expert Herbert MacDonell. The judge instructs the jury to disregard any negative inference that MacDonell's notes had not been provided to the prosecution, clarifying they were in fact turned over on July 17, 1995. Cross-examination then resumed with Marcia Clark.

# 1 (Brief pause.)

# 2 (The following proceedings were held in open court, in the presence of the jury:)

# 3 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. And let the record reflect that we have been rejoined by all the members of our jury panel. Good morning, ladies and gentlemen.

THE JURY: Good morning.

# 4 THE COURT:

Ladies and gentlemen, during the course of yesterday's cross-examination of Mr. MacDonell it was suggested that Mr. MacDonell's notes concerning the examining he conducted on April the 2nd, 1995, it was suggested that those notes had not been turned over to the Prosecution. These notes had in fact been turned over to the Prosecution on July the 17th, 1995. You shall therefore ignore the negative inference implied by that suggestion. All right. Mr. MacDonell, would you resume the witness stand, please.

Herbert MacDonell, the witness on the stand at the time of the evening adjournment, resumed the stand and testified further as follows:

# 5 THE COURT:

Mrs. Robertson, are we--

# 6 THE CLERK:

Yes.

# 7 THE COURT:

Thank you. Good morning again, Mr. MacDonell.

# 8 PROF. MACDONELL:

Good morning.

# 9 THE COURT:

Sir, you are reminded that you are still under oath. And Miss Clark, you may conclude your cross-examination.

Temperature

procedural

Key Quotes (1)

Lance A. Ito

These notes had in fact been turned over to the Prosecution on July the 17th, 1995. You shall therefore ignore the negative inference implied by that suggestion.

Judge directly neutralizes an impeachment attempt against MacDonell, signaling to the jury that the suggestion of withheld evidence was false.

Evidence (1)

Informal

MacDonell's notes from his examination conducted on April 2, 1995

Discussed — judge clarifies notes were turned over to prosecution on July 17, 1995

Notable Exchanges (1)

Lance A. Ito•Jury

Judge corrects the record on MacDonell's notes, instructing the jury to disregard the implication they had been withheld from the prosecution.

corrective

Objections

None recorded

Proceeding 7105 • 9 utterances

Criminal Trial

Department 103