📄 Sidebar: blood drying time — Tuesday, August 1, 1995
Address:
C:\DEPT103\CRIMINAL\1995\AUG\1\SIDEBAR-BLOOD-DRYING-TIME.DOC
TRIAL
▲ Day 126 of 167

Sidebar: blood drying time

Date: Tuesday, August 1, 1995 • Utterances: 9
Defense attorney Peter Neufeld argued at sidebar that Marcia Clark's hypothetical about wet blood on the socks opened the door to expert Herbert MacDonell testifying about blood drying time. Clark countered that her hypothetical did not implicate the previously excluded sock-drying experiment, which had been ruled irrelevant due to lack of substantial similarity. Judge Ito denied the request, stating the court's previous rulings stand.
1 (The following proceedings were held at the bench:)
2 THE COURT:

All right. We are over at the side bar. Mr. Neufeld.

3 MR. NEUFELD:

Yes, your Honor. It is our position that--that Miss Clark's hypothetical on recross about the blood being wet while the socks were lying on the floor in Mr. Simpson's room opens the door to MacDonell's testifying about the drying time of blood, because she is putting out the suggestion that it would still be wet. It is this witness' opinion that it wouldn't be wet. As a matter of due process we have the right to rebut her argument, and if we can't rebut it, our hands are tied and Mr. Simpson is unable to, under the confrontation clause, under the due process clause, put on a defense to this suggestion put forth by the Prosecution.

KEY QUOTE
4 THE COURT:

Miss Clark.

5 MS. CLARK:

No, your Honor. A hypothetical that does not implicate the sock drying experiment does not allow them to get into that sock drying experiment which is properly ruled to be irrelevant because of such--of such lack of similarity. The reason that sock drying experiment was inadmissible is because of its lack of substantial similarity and that reason still applies. We don't have similar conditions that are required for its relevance. It is not relevant and that is why I posed a hypothetical. Counsel is entitled to counter that with his own hypothetical. That is fine. And the hypothetical that counsel obviously counters with and has gone into at length already is that if the stains are already dried, then it could not have occurred in that fashion, and that is the appropriate method. But to go into an experiment that was properly ruled irrelevant because no effort was even made, admittedly not made, to replicate the conditions, has no basis in fact at all and no basis in law.

KEY QUOTE
6 MR. NEUFELD:

I'm not going to ask him about the sock drying experiment. He is going to base his opinion based on his forty years' of expertise in drying times.

KEY QUOTE
7 MS. CLARK:

That is again the same problem, even worse.

8 THE COURT:

All right. The Court's previous rulings stands.

KEY QUOTE
9 MR. NEUFELD:

Okay.

Temperature

procedural

Key Quotes (4)

Peter Neufeld
It is our position that--that Miss Clark's hypothetical on recross about the blood being wet while the socks were lying on the floor in Mr. Simpson's room opens the door to MacDonell's testifying about the drying time of blood
Defense's core argument for why Clark's questioning unlocked previously excluded testimony
Marcia Clark
A hypothetical that does not implicate the sock drying experiment does not allow them to get into that sock drying experiment which is properly ruled to be irrelevant because of such--of such lack of substantial similarity.
Clark draws a sharp line between her hypothetical and the excluded experiment, arguing the exclusion ruling still holds
Peter Neufeld
I'm not going to ask him about the sock drying experiment. He is going to base his opinion based on his forty years' of expertise in drying times.
Neufeld attempts to reframe the issue as general expert opinion rather than the excluded experiment, but the judge is unmoved
Lance A. Ito
All right. The Court's previous rulings stands.
Terse, definitive denial — MacDonell will not testify on blood drying time

Evidence (2)

Informal
Socks found on the floor of OJ Simpson's bedroom with blood stains
discussed in context of whether blood was wet or dry when deposited
Informal
MacDonell's sock-drying experiment
previously ruled inadmissible; defense sought to reopen via expert opinion on drying time

Notable Exchanges (2)

Peter NeufeldMarcia Clark
Neufeld argued Clark's own hypothetical opened the door to MacDonell's drying-time opinion; Clark countered that the hypothetical was precisely designed to avoid the excluded experiment, and that counsel's proper remedy was a counter-hypothetical, not new expert testimony.
strategic
Peter NeufeldLance A. Ito
Neufeld's pivot — claiming MacDonell would testify from general expertise, not the excluded experiment — was rejected by Ito without elaboration.
procedural

Objections

None recorded
Proceeding 7116 • 9 utterances
Criminal Trial
Department 103
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📂 AUG 1, 1995 📄 Sidebar: blood drying time
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