Pre-trial conference

📄 Pre-trial conference — Wednesday, August 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\2\PRE-TRIAL-CONFERENCE.DOC

TRIAL

▲ Day 127 of 167

◀ Adjournment Motion: contamination evidence charts ▶

Date: Wednesday, August 2, 1995 • Utterances: 29

A brief pre-session housekeeping conference in the civil trial before the jury was brought in. Cochran informed the court that witness Bosco would not be called that day and arranged notice terms for his eventual appearance. Deputy City Attorney Walsh raised a motion to quash a defense subpoena duces tecum served on the City of Los Angeles, which the judge scheduled for hearing Friday, August 4th at 9am.

# 1 (Appearances as heretofore noted.)

# 2 ALSO PRESENT:

Arthur Walsh, Deputy City Attorney.

# 3 (Janet M. Moxham, CSR no. 4855, official reporter.)

# 4 (Christine M. Olson, CSR no. 2378, official reporter.)

# 5 (The following proceedings were held in open court, out of the presence of the jury:)

# 6 THE COURT:

All right. Back on the record in the Simpson matter. Mr. Simpson is again present before the Court with his counsel, Mr. Cochran and Mr. Scheck. The People are represented by Mr. Clarke. The jury is not present. Counsel, anything we need to take up before we launch back into this?

# 7 MR. COCHRAN:

If I might, your Honor, just--good morning, your Honor.

# 8 THE COURT:

Good morning, Mr. Cochran.

# 9 MR. COCHRAN:

Good seeing you, your Honor. It is a good day. You don't seem to share my view of that. Judge, I wanted to just indicate to you that Mr. Sullivan is present and I indicated to him that I do not believe we will be calling Mr. Bosco today. We are going to be awaiting your Honor's ruling, at any rate, and he is in Orange County, and I have assured him that he would have at least a half day's notice before we would call him, and I wanted to make sure that was all right, so he is free to leave at this point?

KEY QUOTE

# 10 THE COURT:

Yes.

# 11 MR. SULLIVAN:

Thank you.

# 12 MR. COCHRAN:

Thank you, your Honor.

# 13 THE COURT:

All right. Anything else we need to take up before we launch into Dr. Rieders? Mr. Walsh, good morning.

# 14 MR. WALSH:

Yes, your Honor. The Defense served on the City of Los Angeles a subpoena duces tecum with a return set for today. I have filed a motion to quash that subpoena this morning. If the Court is going to hear that, I will wait, otherwise I will come back whenever you want to hear argument on that.

# 15 THE COURT:

Mr. Cochran, when do you want to hear this? This was just presented to me about two minutes ago. I have not had the opportunity to read it.

# 16 MR. COCHRAN:

We want to get to the jury as soon as possible. I would like to have this heard absolutely as soon as possible, your Honor. I have indicated to counsel in this search for truth I'm surprised they made this motion, but they have, and I want to resolve it as soon as possible, but we want these documents, so as soon as you set it.

# 17 THE COURT:

I'm still working on the shield matter.

# 18 MR. COCHRAN:

Yes. I appreciate that, your Honor.

# 19 THE COURT:

Which although this is related to that.

# 20 MR. COCHRAN:

Right. This should come behind that, right. Don't you think? I suppose--

# 21 THE COURT:

All right. Today being Wednesday, August 2nd, how about if we take this up Friday morning, August 4th?

# 22 MR. COCHRAN:

Nine o'clock?

# 23 THE COURT:

Nine o'clock.

# 24 MR. COCHRAN:

That's fine.

# 25 MR. WALSH:

Thank you, your Honor. That will be fine.

# 26 THE COURT:

All right. Thank you, counsel.

# 27 MR. COCHRAN:

That is fine.

# 28 THE COURT:

All right. Anything else before we invite the jurors to rejoin us?

# 29 MR. COCHRAN:

I don't think so, your Honor.

Temperature

procedural

Key Quotes (2)

Johnnie Cochran

I have indicated to counsel in this search for truth I'm surprised they made this motion, but they have, and I want to resolve it as soon as possible, but we want these documents

Cochran frames the City's motion to quash as obstructing the 'search for truth' — a rhetorical move to pressure the court and signal the documents' importance to the defense.

Johnnie Cochran

Good seeing you, your Honor. It is a good day. You don't seem to share my view of that.

Light courtroom banter revealing Cochran's characteristically warm rapport-building with the judge, and Ito's more reserved demeanor.

Evidence (1)

Informal

Subpoena duces tecum served by defense on the City of Los Angeles, return date set for this session

Motion to quash filed by Deputy City Attorney Walsh; hearing scheduled for August 4th

Notable Exchanges (1)

Richard Walsh•Lance A. Ito•Johnnie Cochran

Walsh presented a last-minute motion to quash the defense's subpoena duces tecum. Cochran pressed for the earliest possible hearing, and Ito linked it to a related 'shield matter' he was still working on, ultimately scheduling it for Friday.

strategic

Light Moments (1)

Johnnie Cochran

Cochran cheerfully noted 'It is a good day' and observed that Ito did not appear to share that sentiment, drawing a wry implicit acknowledgment from the judge.

Objections

None recorded

Proceeding 7128 • 29 utterances

Criminal Trial

Department 103