Sidebar: videotape and tissue samples

📄 Sidebar: videotape and tissue samples — Monday, August 14, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\14\SIDEBAR-VIDEOTAPE-AND-TISSUE-S.DOC

TRIAL

▲ Day 135 of 167

◀ Recross-examination of Dr. Fredric Rieders Administrative matters: witness excusal ▶

Date: Monday, August 14, 1995 • Utterances: 32

At sidebar, Marcia Clark raises a videotape documenting the transfer of autopsy tissue samples from Dr. Brian Finkle to Dr. Henion, attempting to establish chain of custody for DNA evidence. Defense attorney Blasier objects that the defense should be allowed to view the videotape before it is referenced in court. The discussion devolves into parsing laboratory reports — including a reference to 'Tennessee Waters,' identified as a victim in a separate case — with the judge and Clark trying to orient themselves within Dr. Henion's report.

# 1 THE COURT:

No. Sidebar with the court reporter.

# 2 (The following proceedings were held at the bench:)

# 3 THE COURT:

All right. We're over at the sidebar. What do you got?

# 4 MS. CLARK:

Videotape.

# 5 THE COURT:

Of what?

# 6 MS. CLARK:

Autopsy tissues of 1995 being put into a jar and given to Dr. Brian Finkle documented on the film.

KEY QUOTE

# 7 THE COURT:

Going from Finkle to where?

# 8 MS. CLARK:

Dr. Henion. Transported them, hand-delivered them. It's shown in his report that tissues were hand-delivered by Dr. Finkle to Dr. Henion.

# 9 MR. BLASIER:

I thought we had a rule before you can refer to a videotape, that we be allowed to see it so we can agree. We're told autopsy tissues went from one guy to the next. That's supposed to disprove--basically in Henion's report, Henion's report says he tested these things. He can't say anything about what he tested or what his results were. That's what it said.

KEY QUOTE

# 10 MS. CLARK:

No, counsel.

# 11 THE COURT:

What does it say?

# 12 MS. CLARK:

I looked at it. That's why I objected in the manner I did. I don't know what--I think the Court should see it.

# 13 THE COURT:

Let's see it.

# 14 MS. CLARK:

Also, it indicates in his report--wait, Bob. Don't go.

# 15 MR. COCHRAN:

May I get it?

# 16 THE COURT:

Yes.

# 17 MS. CLARK:

He indicates in his report he received tissues from Dr. Finkle that were hand-delivered. These are the tissues that are shown in the videotape from the `85 autopsy. Brian Finkle is in the film as is Dr. Lovell, who recovers them, makes the split and it shows in his report that he analyzed those tissues.

# 18 MR. BLASIER:

I have Dr. Lovell's report describing what was given to him also. May I get that?

# 19 MR. DARDEN:

What's the point in having a sidebar if the guy is going to talk in front of the jury about what's being handled over here?

KEY QUOTE

# 20 THE COURT:

What am I looking for in this?

# 21 MS. CLARK:

Let me show you, your Honor. Over here.

# 22 THE COURT:

Page 5?

# 23 MS. CLARK:

Page 5. That's his legend. You see our numbers here, tissue samples provided from Dr. Rieders via federal express and then this is Dr. Henion's report.

# 24 THE COURT:

Does--

# 25 MS. CLARK:

I believe that the page--

# 26 THE COURT:

What does "TW" mean?

# 27 MS. CLARK:

Tennessee waters was the victim in this case. I think those are the explanations. I'm not sure, your Honor. I do know that--okay. Dr. Panner, Strong Memorial Hospital.

KEY QUOTE

# 28 THE COURT:

When was the exhumation done?

# 29 MS. CLARK:

`91.

# 30 THE COURT:

Says 3-28-91. That's what they're talking about here.

# 31 MS. CLARK:

No. They have a different--that's a different report.

# 32 THE COURT:

All right.

Temperature

procedural

Key Quotes (4)

Marcia Clark

Autopsy tissues of 1995 being put into a jar and given to Dr. Brian Finkle documented on the film.

Clark's core purpose at sidebar — using a videotape to document the physical custody transfer of tissue samples and bolster chain-of-custody for DNA evidence.

Robert Blasier

I thought we had a rule before you can refer to a videotape, that we be allowed to see it so we can agree.

Blasier invokes a prior court agreement requiring defense review of videotapes before reference, potentially blocking or delaying use of the evidence.

Christopher Darden

What's the point in having a sidebar if the guy is going to talk in front of the jury about what's being handled over here?

Darden catches Blasier speaking loudly enough to be overheard by the jury during what is supposed to be a confidential bench conference — a procedural complaint about the sidebar's integrity.

Marcia Clark

Tennessee waters was the victim in this case.

Reveals that Dr. Henion's report references a separate case or comparative sample, complicating the judge's attempt to read the document.

Evidence (3)

Informal

Videotape documenting autopsy tissue samples being placed in a jar and transferred from Dr. Brian Finkle to Dr. Henion

discussed, judge asked to review

Informal

Dr. Henion's laboratory report, page 5, listing tissue samples received via FedEx from Dr. Rieders

discussed at sidebar

Informal

Dr. Lovell's report describing materials received

referenced by Blasier, requested for sidebar review

Notable Exchanges (2)

Christopher Darden•Robert Blasier

Darden rebukes Blasier for speaking audibly about sidebar matters within earshot of the jury, undermining the confidentiality of the bench conference.

irritated

Lance A. Ito•Marcia Clark

Clark walks the judge through Henion's report page by page; Ito asks what 'TW' means and queries the 1991 exhumation date, revealing he is struggling to follow which case and which tissues the report addresses.

methodical, slightly confused

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 7311 • 32 utterances

Criminal Trial

Department 103