Jury recalled and recess

📄 Jury recalled and recess — Monday, August 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\21\JURY-RECALLED-AND-RECESS.DOC

TRIAL

▲ Day 139 of 167

◀ Protective order and discovery matters Court opening and jury recalled ▶

Date: Monday, August 21, 1995 • Utterances: 5

Judge Ito briefly but sharply rebuked prosecutor Hank Goldberg for demanding all photographs, calling him 'unreasonable' and ordering both sides to resolve the dispute over lunch. The jury was then recalled and the session went to recess.

# 1 MR. GOLDBERG:

Well, I would like all of the ones--I would like all of them.

# 2 THE COURT:

You are being unreasonable. They have given you color photographs. They can exhibit to you the original. He has indicated he will give you any one that they are not going to use. Settle it between yourselves at lunch. You guys are wasting my time here. All right. Let's have the jury. Are they upstairs?

KEY QUOTE

# 3 THE BAILIFF:

Yes.

# 4 THE COURT:

All right. Bring them down.

# 5 (Recess.)

Temperature

tense

Key Quotes (1)

Lance A. Ito

You are being unreasonable. They have given you color photographs. They can exhibit to you the original. He has indicated he will give you any one that they are not going to use. Settle it between yourselves at lunch. You guys are wasting my time here.

Rare direct rebuke of a prosecutor by Ito, revealing simmering frustration with counsel disputes over evidence access.

Evidence (1)

Informal

Color photographs (disputed — Goldberg seeking all copies/originals)

disputed

Notable Exchanges (1)

Lance A. Ito•Hank Goldberg

Goldberg pressed for all photographs; Ito shut him down, telling both sides to resolve it at lunch and calling the dispute a waste of the court's time.

terse

Objections

None recorded

Proceeding 7960 • 5 utterances

Criminal Trial

Department 103