📄 Out-of-jury discussion: proposal and protective order — Wednesday, August 2, 1995
Address:
C:\DEPT103\CRIMINAL\1995\AUG\2\OUT-OF-JURY-DISCUSSION-PROPOSA.DOC
TRIAL
▲ Day 127 of 167

Out-of-jury discussion: proposal and protective order

Date: Wednesday, August 2, 1995 • Lines: 15
Outside the jury's presence, George Clarke requested production of a proposal after reporting that Dr. Gerdes had discussed funding during testimony and that Clarke was told a one-page copy of the grant containing an abstract could be provided, while the proposal itself was described as proprietary. Barry Scheck offered to make Dr. Gerdes available to explain the proposal and technique and said he needed to consult further about the legalities. Judge Ito directed counsel to confer over lunch and described a possible protective order limiting copying, review, and custody if material were produced.
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. All right. Deputy Magnera, let's have the jury, please.

3 MR. CLARKE:

Your Honor, one item if I might briefly?

4 THE COURT:

Mr. Clarke.

5 MR. CLARKE:

During testimony of Dr. Gerdes he brought up the fact that he had been granted certain funds as a result of a proposal to an IST or a, quote, newer or better method. I can't recall the words he used. During the break I asked Mr. Scheck and Dr. Gerdes about the availability of that proposal. I was informed by Dr. Gerdes that there would be no problem of providing a one-page copy of the grant that contains an abstract of the proposal, but as to the proposal, Dr. Gerdes explained that there was a proprietary interest and that that would not be available to the People. It is our request that that be provided. I think it is very relevant in this case for reasons that I can give if the Court would like to hear immediately.

6 MR. SCHECK:

We have offered to make Dr. Gerdes available to explain in any great detail anything that Mr. Clarke wants to ask him about the proposal and the technique, and I would have to consult with him further about what the legalities are in terms of the proprietary nature of it.

KEY QUOTE
7 THE COURT:

All right. Why don't you confer over the lunch hour on that issue, all right? And what is--one of the Court's available remedies in these issues is to issue a protective order if anything like that is produced.

8 MR. SCHECK:

Right, okay.

9 THE COURT:

And that the copy not be copied and it be returned to the Court's custody upon review and that it can be kept here in the courtroom.

10 MR. SHAPIRO:

Yes.

11 MR. CLARKE:

Very well.

12 THE COURT:

All right. I'm sure we can accomplish that.

13 MR. CLARKE:

All right.

14 THE COURT:

All right. Deputy Magnera, let's have the jurors, please.

15 (Brief pause.)

Temperature

procedural

Key Quotes (3)

George Clarke
Dr. Gerdes explained that there was a proprietary interest and that that would not be available to the People.
Frames the dispute over Clarke's request for a proposal that Gerdes reportedly described as proprietary and unavailable to the People.
Lance A. Ito
One of the Court's available remedies in these issues is to issue a protective order if anything like that is produced... the copy not be copied and it be returned to the Court's custody upon review.
Ito signals a pragmatic middle path — disclosure under strict protective conditions — before the issue escalates into a full dispute.
Barry Scheck
We have offered to make Dr. Gerdes available to explain in any great detail anything that Mr. Clarke wants to ask him about the proposal and the technique.
Records Scheck's offer to make Gerdes available to explain the proposal and technique while Scheck consulted him further about the legalities of its proprietary nature.

Evidence (1)

Informal
A proposal Dr. Gerdes discussed during testimony, which Clarke uncertainly described as involving 'an IST' or a 'newer or better method,' and a one-page copy of the grant said to contain an abstract
discussed; Clarke requested production; Clarke reported that Gerdes described the proposal as proprietary; Scheck said further consultation was needed.

Notable Exchanges (1)

George ClarkeBarry ScheckLance A. Ito
Clarke presses for the full Gerdes grant proposal; Scheck counters with an offer of live testimony instead and notes he needs to check the legalities; Ito cuts it short, orders a lunch conference, and previews a protective order solution.
strategic

Objections

None recorded
Proceeding 7131 • 15 lines
Criminal Trial
Department 103
📂 AUG 2, 1995 📄 Out-of-jury discussion: propos
AUG 2, 1995