📄 Administrative matters — Wednesday, August 16, 1995
Address:
C:\DEPT103\CRIMINAL\1995\AUG\16\ADMINISTRATIVE-MATTERS.DOC
TRIAL
▲ Day 137 of 167

Administrative matters

Date: Wednesday, August 16, 1995 • Utterances: 9
Darden raises two issues before the jury is brought in: a 352 objection that the current testimony is cumulative of what Fung, Yamauchi, and Matheson have already covered, and a scheduling push to call all remaining defense witnesses the following day given the jury's lengthy sequestration. The exchange produces a brief light moment when Darden suggests Judge Ito looks bored, which Ito flatly denies.
1 (The following proceedings were held in open court, out of the presence of the jury:)
2 THE COURT:

All right. Back on the record in the Simpson matter. All parties are again present. The jury is not present. Deputy Magnera, let's have the jury, please. I'm sorry.

3 MR. DARDEN:

Before we do that, a couple of issues. First of all, as the Court's well aware, Fung and Yamauchi and Greg Matheson, they've all testified to much of what we've heard already. At this time, we'd like to make an objection pursuant to 352. A lot of what we're hearing this afternoon is cumulative. We've heard it before. It's not in dispute. We've reached a point in testimony where we object to having to hear this all over again, Judge. I mean unless it's something new, why put the jury through this again? They're bored. They're bored. I'm board. It's obvious you're bored and restless by it.

4 THE COURT:

No, I'm not bored. I've got three pages of notes today. I'm not bored at all.

KEY QUOTE
5 MR. COCHRAN:

We're glad to hear that.

6 THE COURT:

I'm tired, but I'm not bored.

KEY QUOTE
7 MR. DARDEN:

Okay. And a second issue, if I may.

8 THE COURT:

Yes.

9 MR. DARDEN:

As I understand it, the Defense has one witness for tomorrow, Mr. Aguilar, the fingerprint expert. As the Court pointed out this morning, this jury's been sequestered six or seven months. They're here. They've indicated to us there are other witnesses they want to call. Let's call them tomorrow.

Temperature

light

Key Quotes (3)

Christopher Darden
They're bored. They're bored. I'm board. It's obvious you're bored and restless by it.
Darden's candid complaint about cumulative testimony — and his accidental implication that the judge is checked out — sets up the proceeding's only memorable exchange.
Lance A. Ito
No, I'm not bored. I've got three pages of notes today. I'm not bored at all.
Ito's pointed rebuttal, delivered matter-of-factly, is the sharpest line of the session.
Lance A. Ito
I'm tired, but I'm not bored.
A rare moment of judicial candor about the grind of a long trial.

Notable Exchanges (2)

Christopher DardenLance A. Ito
Darden argues the jury is bored and implies the judge visibly is too; Ito corrects him with his note count and then adds he's tired but not bored.
light
Christopher DardenLance A. Ito
Darden requests the defense call all remaining witnesses the next day, citing the jury's six-to-seven-month sequestration.
strategic

Light Moments (1)

Lance A. Ito
Darden tells Ito it's 'obvious you're bored and restless'; Ito responds he has three pages of notes and is tired, not bored. Cochran adds 'We're glad to hear that.'

Objections

1 objections (0 sustained, 0 overruled)
Proceeding 7323 • 9 utterances
Criminal Trial
Department 103
⚖️ Start
📂 AUG 16, 1995 📄 Administrative matters
AUG 16, 1995 KRT DvH TD