📄 Opening and appearances — Monday, August 21, 1995
Address:
C:\DEPT103\CRIMINAL\1995\AUG\21\OPENING-AND-APPEARANCES.DOC
TRIAL
▲ Day 139 of 167

Opening and appearances

Date: Monday, August 21, 1995 • Utterances: 15
The court goes on the record to document a canceled nighttime crime scene viewing at the Bundy Drive location. On Friday August 18th, the judge and counsel visited the scene together, determined that lighting conditions could not be adequately replicated to match the night of June 12, 1994, and the prosecution subsequently withdrew their request for a jury crime scene view. The parties offer their competing characterizations of why the lighting was inadequate.
1 (Appearances as heretofore noted; also appearing, Matthew H. Schwartz, Esquire, and Ron Regwan, Esquire, on behalf of Laura Hart McKinny.)
2 (Janet M. Moxham, CSR no. 4855, official reporter.)
3 (Christine M. Olson, CSR no. 2378, official reporter.)
4 (The following proceedings were held in open court, out of the presence of the jury:)
5 THE COURT:

All right. Back on the record in the Simpson matter. Mr. Simpson is again present before the court with his counsel, Mr. Shapiro, Mr. Cochran, Mr. Neufeld, Mr. Scheck, Mr. Blasier. The People are represented by Miss Clark, Mr. Goldberg and Miss Lewis. The jury is not present. Counsel, the record should reflect that on Friday evening, August the 18th, the Court, in the presence of counsel, Mr. Douglas, Mr. Scheck, Mr. Neufeld for the Defense, and Mr. Hodgman and Mr. Yochelson and Mr. Fairtlough on behalf of the Prosecution, in the company of the investigating officers, went to the Bundy crime scene to determine whether or not the conditions were satisfactorily adjusted so that they were substantially similar to the conditions as they were on June the 12th, 1994. And after approximately an hour at the crime scene on Friday evening, after extensive discussion, comparison of photographs, modification of lighting, et cetera, et cetera, the Prosecution chose to withdraw their request for a crime scene view at nighttime. And as a result the Court canceled the viewing that was scheduled for Sunday evening, August the 20th, and that is my recollection of what occurred. Any comment as to that particular issue?

6 (Discussion held off the record between Defense counsel.)
7 THE COURT:

Submitted? I just wanted the record to reflect our activities of Friday evening.

8 MR. SCHECK:

Just so the record is clear, that the Court made every effort to substantially replicate what occurred and the critical factor was the light that was near the gate where the body of Nicole Brown Simpson lay, and once that had been repaired, the decision was made.

9 THE COURT:

All right. The problem being is that the photographs really didn't give us a clear angle or clear appreciation of the angle of that light, and as we discussed on the record last week, photographs are dependent upon the speed of the film, the aperture, the exposure. And so it is hard from the photographs themselves to recreate the lighting conditions as they existed that evening, so there was a Defense objection to begin with and then the Prosecution withdrew their request. All right. Mr. Scheck, anything else on that issue?

10 MR. SCHECK:

Yes. But the Court's concern that the lighting be restored as much as possible to the condition as it was that day was a wise one, because when we did do that, I think it was clear to all parties that there was substantially more illumination on our visit last Friday evening than there was the previous visit, and that was more in keeping with what is depicted in the photograph taken that evening by the police.

11 THE COURT:

Well, you objected, you won, so I guess there is nothing much more to say, is there?

KEY QUOTE
12 MR. SCHECK:

No, no. I just wanted to make the facts clear.

13 THE COURT:

All right. Any comment on that issue on behalf of the People?

14 MS. CLARK:

Only, your Honor, briefly, that the neighbor who lived next door to Ms. Brown indicated that the lighting as it existed on the night--on this last Friday night, was considerably brighter than it had been on the night of June the 12th, and he said, according to his memory, that was not representative. Detective Lange similarly indicated that the lighting no longer represented its condition, that it was considerably brighter on Friday night than it had been.

15 THE COURT:

All right. Since the Court could not substantially recreate the conditions then, I think this is the appropriate decision. All right. This morning the Court directed counsel to confer with regard to the next witness, Defense witness, who is Mr. Ragle is my understanding. And Mr. Goldberg, you are handling that matter?

Temperature

procedural

Key Quotes (4)

Lance A. Ito
the Prosecution chose to withdraw their request for a crime scene view at nighttime. And as a result the Court canceled the viewing that was scheduled for Sunday evening, August the 20th
Establishes the procedural outcome — the jury will not view the Bundy crime scene at night, a significant tactical loss for the prosecution.
Barry Scheck
when we did do that, I think it was clear to all parties that there was substantially more illumination on our visit last Friday evening than there was the previous visit, and that was more in keeping with what is depicted in the photograph taken that evening by the police.
Scheck uses the prosecution's own retreat to validate the defense position that lighting conditions at Bundy had materially changed.
Marcia Clark
the neighbor who lived next door to Ms. Brown indicated that the lighting as it existed on the night--on this last Friday night, was considerably brighter than it had been on the night of June the 12th
Clark counters Scheck by attributing the lighting discrepancy to post-crime changes, not to conditions favorable to the defense's theory.
Lance A. Ito
Well, you objected, you won, so I guess there is nothing much more to say, is there?
Dry judicial commentary cutting off Scheck's continued argument after the defense had already prevailed on the issue.

Evidence (1)

Informal
Photographs of the Bundy crime scene used to assess lighting angles near the gate where Nicole Brown Simpson's body was found
discussed as basis for determining whether nighttime crime scene conditions could be replicated

Notable Exchanges (2)

Barry ScheckLance A. Ito
Scheck attempts to elaborate on the defense's vindication after the prosecution withdrew; Ito shuts it down with a pointed remark that the defense won and there's nothing more to add.
wry/strategic
Marcia ClarkLance A. Ito
Clark offers the prosecution's account — that a neighbor and Detective Lange both said Friday's lighting was brighter than on June 12, 1994 — implying the scene had changed rather than that the original conditions were bright.
defensive/damage-control

Light Moments (1)

Lance A. Ito
After Scheck continues pressing his point despite having already won the dispute, Ito drily remarks 'Well, you objected, you won, so I guess there is nothing much more to say, is there?'

Objections

None recorded
Proceeding 7955 • 15 utterances
Criminal Trial
Department 103
⚖️ Start
📂 AUG 21, 1995 📄 Opening and appearances
AUG 21, 1995 KRT DvH TD