Sidebar: blood spot visibility

📄 Sidebar: blood spot visibility — Monday, August 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\21\SIDEBAR-BLOOD-SPOT-VISIBILITY.DOC

TRIAL

▲ Day 139 of 167

◀ Direct examination of Larry Ragle (part 4) Direct examination of Larry Ragle (part 5) ▶

Date: Monday, August 21, 1995 • Utterances: 14

Judge Ito called a sidebar to redirect defense questioning about whether blood spots on the Bronco door were visible with the door open or closed. Ito acknowledged the relevance to Fuhrman's credibility but instructed Blasier to ask the question more directly rather than argumentatively. Goldberg objected that the defense was misstating evidence and making closing arguments through questioning.

# 1 (The following proceedings were held at the bench:)

# 2 THE COURT:

All right. We're over at the sidebar. Isn't the issue at this point, Mr. Blasier, whether or not one can see these blood spots that are in this particular exhibit while the door is open or closed? All right. That's why I stopped you. Ask him the question, "Did you see--did you inspect this particular area of the Bronco on this particular date and time with the door open and door closed? "Yes, I did. "Did you see this stuff here? "Yes, I did. Yes, I did." Isn't that the issue?

# 3 MR. BLASIER:

That's the issue. But these are the marks Fung was sent back out to look for based on Fuhrman's statement that they were on the outside somewhere near the door.

# 4 THE COURT:

I understand that. But the issue is can you see it if the door is open, door is closed.

# 5 MR. GOLDBERG:

He keeps saying "Outside sill." I think he said out--the bottom outside of the door itself. So this whole issue is irrelevant.

# 6 THE COURT:

No, it's not irrelevant.

# 7 MR. GOLDBERG:

But they're also--

# 8 THE COURT:

It goes directly to Detective Fuhrman's credibility.

KEY QUOTE

# 9 MR. GOLDBERG:

But they are misstating the evidence.

# 10 THE COURT:

They are.

# 11 MR. GOLDBERG:

The problem is, your Honor, with a lot of questions, they want to do everything in an argumentative way. They don't want to wait until closing argument to make the argument.

# 12 THE COURT:

I know. That's the point I'm making if you were listening carefully to what I just said.

# 13 MR. GOLDBERG:

I thought--

# 14 THE COURT:

All right. I've heard enough. Thank you.

Temperature

tense

Key Quotes (3)

Lance A. Ito

It goes directly to Detective Fuhrman's credibility.

Judge explicitly validates the defense's line of attack on Fuhrman, overruling Goldberg's claim of irrelevance.

Robert Blasier

These are the marks Fung was sent back out to look for based on Fuhrman's statement that they were on the outside somewhere near the door.

Connects the blood spot inspection directly to Fuhrman's directions, framing Fung's search as derivative of Fuhrman's claims.

Hank Goldberg

They don't want to wait until closing argument to make the argument.

Prosecution's frustration with defense embedding argument into questions — a recurring procedural tension throughout the trial.

Evidence (1)

Informal

Blood spots on the Bronco door, location disputed as inside sill vs. outside of door

discussed

Notable Exchanges (2)

Hank Goldberg•Lance A. Ito

Goldberg argued the blood spot evidence was irrelevant; Ito flatly disagreed, ruling it goes directly to Fuhrman's credibility, then cut Goldberg off mid-sentence.

tense

Lance A. Ito•Hank Goldberg

Ito rebuked Goldberg for not listening carefully after Goldberg misunderstood the judge's point about argumentative questioning.

sharp

Credibility Attacks (1)

⚔ Mark Fuhrman

inconsistent statement / physical evidence contradiction

Defense using blood spot visibility (open vs. closed door) to challenge whether Fuhrman could have seen what he claimed to see, undermining his account of discovering evidence on the Bronco.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 7978 • 14 utterances

Criminal Trial

Department 103