In chambers: trial procedures

📄 In chambers: trial procedures — Monday, August 14, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\14\IN-CHAMBERS-TRIAL-PROCEDURES.DOC

TRIAL

▲ Day 135 of 167

◀ Direct examination of Michele Kestler Appearances and court reporter certification ▶

Date: Monday, August 14, 1995 • Utterances: 12

Judge Ito calls counsel into chambers at the end of the day to deliver a blunt reprimand about the pace and relevance of the trial. He tells them the jury is visibly bored and that much of what was presented that day was 'pure unadulterated crap.' Peter Neufeld attempts to respond but is cut off and told to raise his concerns the following morning.

# 1 (The following proceedings were held in camera:)

# 2 THE COURT:

All right. On the record. We're in chambers with most of counsel here. Counsel, we've been spending entirely too much time in this case dealing with extraneous matters, going on infinitum as to small collateral matters that apparently are important to you, but are not important to this jury. This jury is just bored to tears. You can look at their faces and look at their expression. I don't think any of you bother to pay attention to what the jury is looking at. They could care less about Dr. Rieders and all those other reports and the Sconce case. They could care less about Michelle Kestler. I am going to be much more stringent on relevant material, cutting to the chase. A lot of what we heard so far today, a lot of what we heard today was just pure unadulterated crap. All right. See you tomorrow.

# 3 MR. NEUFELD:

May I be heard since you are addressing it to me in my direct examination? I actually resent.

# 4 THE COURT:

Nope. Nope. Out. See you tomorrow.

KEY QUOTE

# 5 MR. NEUFELD:

Can I be heard on the record tomorrow before we begin?

# 6 THE COURT:

You may.

# 7 MR. NEUFELD:

Thank you, your Honor.

# 8 APPEARANCES:

Janet M. Moxham, CSR #4588 Christine M. Olson, CSR #2378 official reporters

# 9 FOR THE PEOPLE:

Gil Garcetti, District Attorney by: Marcia R. Clark, William W. Hodgman, Christopher A. Darden, Cheri A. Lewis, Rockne P. Harmon, George W. Clarke, Scott M. Gordon Lydia C. Bodin, Hank M. Goldberg, Alan Yochelson and Darrell S. Mavis, Brian R. Kelberg, and Kenneth E. Lynch, Deputies 18-000 Criminal Courts Building 210 West Temple Street Los Angeles, California 90012

# 10 FOR THE DEFENDANT:

Robert L. Shapiro, Esquire Sara L. Caplan, Esquire 2121 Avenue of the Stars 19th floor Los Angeles, California 90067 Johnnie L. Cochran, Jr., Esquire by: Carl E. Douglas, Esquire Shawn Snider Chapman, Esquire 4929 Wilshire Boulevard Suite 1010 Los Angeles, California 90010 Gerald F. Uelmen, Esquire Robert Kardashian, Esquire Alan Dershowitz, Esquire F. Lee Bailey, Esquire Barry Scheck, Esquire Peter Neufeld, Esquire Robert D. Blasier, Esquire William C. Thompson, Esquire

# 11 ALSO PRESENT:

Kelli Sager, Esquire Laurie J. Butler, Esquire Richard P. Towne, Esquire

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I N D E X

Index for volume 205 pages 41396 - 41702

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Day date session page vol.

Monday August 14, 1995 A.M. 41396 205 P.M. 41529 205

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# 12 LEGEND:

Ms. Clark-mc Mr. Hodgman-h Mr. Darden d Mr. Kahn-k Mr. Goldberg-gb Mr. Gordon-g Mr. Shapiro-s Mr. Cochran-c Mr. Douglas-cd Mr. Bailey-b Mr. Uelmen-u Mr. Scheck-bs Mr. Neufeld-n

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CHRONOLOGICAL INDEX OF WITNESSES

DEFENSE witnesses direct cross redirect recross vol.

Rieders, Fredric 205 (Resumed) 41436mc (Resumed) 41577mc 41589bb 41604mc

Kestler, 41674n 205 Michele

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ALPHABETICAL INDEX OF WITNESSES

WITNESSES direct cross redirect recross vol.

Kestler, 41674n 205 Michele

Rieders, Fredric 205 (Resumed) 41436mc (Resumed) 41577mc 41589bb 41604mc

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EXHIBITS

PEOPLE'S for in exhibit identification evidence page vol. Page vol.

585 - 9-page document 41460 205 memorandum dated March 26, 1991, to Michael Bradbury from Kevin G. Denoce

586 - 2-page document 41483 205 described as a report of Dr. Rieders

587 - Document 41635 205 invoice from the National Medical Services, Inc., dated April 19, 1991

588 - 7-page document 41640 205 report by Jack Henion dated April 17, 1991

Temperature

tense

Key Quotes (4)

Lance A. Ito

A lot of what we heard so far today, a lot of what we heard today was just pure unadulterated crap.

Unusually blunt judicial rebuke — the judge directly characterizes the day's testimony as worthless, signaling a significant shift toward tighter courtroom control.

Lance A. Ito

This jury is just bored to tears. You can look at their faces and look at their expression. I don't think any of you bother to pay attention to what the jury is looking at.

The judge explicitly tells counsel they are losing the jury — a strategic warning with real stakes for both sides.

Peter Neufeld

I actually resent.

Neufeld begins to push back — his unfinished sentence captures the tension of being cut off mid-objection by a judge who has already decided the conversation is over.

Lance A. Ito

Nope. Nope. Out. See you tomorrow.

The judge refuses to entertain any response, underscoring how completely he controls the room.

Notable Exchanges (1)

Lance A. Ito•Peter Neufeld

After Ito's blanket condemnation of the day's proceedings — which included Neufeld's direct examination — Neufeld attempts to defend himself on the record. Ito refuses to hear him and dismisses him entirely, though he grants Neufeld time to be heard the next morning before court begins.

heated

Objections

None recorded

Proceeding 7287 • 12 utterances

Criminal Trial

Department 103