Motion: jury view and crime scene

📄 Motion: jury view and crime scene — Wednesday, August 16, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\16\MOTION-JURY-VIEW-AND-CRIME-SCE.DOC

TRIAL

▲ Day 137 of 167

◀ Motion: Kestler witness admissibility Closing remarks and recess ▶

Date: Wednesday, August 16, 1995 • Utterances: 32

The defense raises the issue of a proposed jury view of the Bundy crime scene, asking for more time to file written objections. The court and counsel briefly discuss whether lighting at the Bundy location has been modified since a prior Sunday night visit, with a court representative confirming street lighting is unchanged. Ito schedules arguments for the following morning and anticipates a possible second site visit if changes are made.

# 1 (Discussion held off the record between Defense counsel.)

# 2 MR. COCHRAN:

Judge, may I raise one other issue?

# 3 THE COURT:

Yes.

# 4 MR. COCHRAN:

The issue has to do with the so-called jury view.

# 5 THE COURT:

Yes.

# 6 MR. COCHRAN:

We have been tied up with other matters, as the Court is aware.

# 7 MR. DARDEN:

Your Honor, I'm sorry to interrupt Mr. Cochran, but can we have the lawyers who went to the viewing down here to discuss this issue?

# 8 MR. COCHRAN:

Before do you that, let me just indicate with regard to that issue the Court had asked us to put something in writing, I believe by Wednesday. We have been tied up with other issues. And is the Court still of a mind to still do this? You know our position in the matter. If we are going to argue it, that is fine, we can do it later, but in view of all the things that have happened and things we have to do, is the Court still of a mind to try and do that?

# 9 THE COURT:

Yes.

# 10 MR. COCHRAN:

Perhaps we can have until morning to put something in writing and put something in writing tomorrow.

# 11 THE COURT:

Mr. Byrne, what about the modifications at the scene, specifically the lighting?

# 12 MR. BYRNE:

We are ready to go ahead. The lighting has not been changed, so they have looked into that and taken care of it--they have people working as well--that the street lighting has not been changed.

# 13 THE COURT:

Interesting.

# 14 MR. COCHRAN:

Well, you will entertain argument before you make a final decision?

# 15 THE COURT:

Yes.

# 16 MR. COCHRAN:

I want to get it back on calendar because we think that we have some cogent arguments you may want to listen to regarding the--this is not necessary and the overall cost and that sort of thing, especially if we've got to make adjustments at the scene, but I would like to argue that at the appropriate time or have Mr. Scheck argue it.

# 17 THE COURT:

Tomorrow.

# 18 MR. SCHECK:

Did he just say the lightbulbs are the same as they were?

KEY QUOTE

# 19 THE COURT:

I think he is indicating street lighting.

# 20 MR. BYRNE:

Street lighting.

# 21 MR. SCHECK:

Street lighting.

# 22 MS. CLARK:

Where?

# 23 THE COURT:

Street lighting.

# 24 MS. CLARK:

At Bundy or Rockingham?

# 25 THE COURT:

Bundy.

# 26 MR. SCHECK:

Your Honor--how do you want to handle that, Judge? Do you want us to put it in writing?

# 27 THE COURT:

I want your objections--I mean, there were specific discrete things we looked at Sunday night.

# 28 MR. SCHECK:

No--

# 29 THE COURT:

We looked at low voltage lighting and we looked at high voltage lighting, we looked at shrubbery, we looked at overhead street lights, we looked at views from across the street, we discussed which photographs were relevant, we discussed many things. So organize it, put your thoughts in writing, give it to me tomorrow morning.

KEY QUOTE

# 30 MR. SCHECK:

The only thing that I want to mention in that regard is that in terms of--just in terms of how you wanted to proceed on that, you had indicated that if there were going to be changes made that you wanted to go out again to take a look particularly at the Bundy location to see if we could do it, so a second jaunt might be required. Is that still your--

# 31 THE COURT:

I think that is implicit.

# 32 MR. SCHECK:

Okay. Thank you, your Honor.

Temperature

procedural

Key Quotes (3)

Johnnie Cochran

We think that we have some cogent arguments you may want to listen to regarding the--this is not necessary and the overall cost and that sort of thing, especially if we've got to make adjustments at the scene.

Signals the defense's strategy: argue the jury view is unnecessary and costly, not just legally improper.

Lance A. Ito

We looked at low voltage lighting and we looked at high voltage lighting, we looked at shrubbery, we looked at overhead street lights, we looked at views from across the street, we discussed which photographs were relevant, we discussed many things.

Reveals the scope of the prior Sunday night judicial site visit — Ito was personally inspecting the scene in detail.

Barry Scheck

Did he just say the lightbulbs are the same as they were?

Shows the defense's sharp focus on whether the scene has been altered — any modification could affect the validity or fairness of the jury view.

Notable Exchanges (2)

Barry Scheck•Lance A. Ito•Mr. Byrne

Scheck presses on whether the lightbulbs at Bundy are unchanged; Ito and Byrne clarify they mean street lighting, not interior or installed lighting. Clark interjects asking whether they mean Bundy or Rockingham.

clarifying

Lance A. Ito•Barry Scheck

Ito confirms that a second site visit would be implicitly required if changes are made to the scene — Scheck wanted this on the record.

strategic

Light Moments (1)

Lance A. Ito

Ito's dry 'Interesting.' in response to learning the street lighting at Bundy hasn't been changed — a rare moment of understated reaction from the bench.

Objections

None recorded

Proceeding 7337 • 32 utterances

Criminal Trial

Department 103