Sidebar: testimony and evidence

📄 Sidebar: testimony and evidence — Monday, August 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\21\SIDEBAR-TESTIMONY-AND-EVIDENCE.DOC

TRIAL

▲ Day 139 of 167

◀ Return to record Jury returning and scheduling ▶

Date: Monday, August 21, 1995 • Utterances: 15

At a sidebar, prosecutor Goldberg sought to show photographs of defense expert Mr. Ragle examining the Bronco without gloves, a hairnet, or a lab coat, arguing it undermined his credibility as a criminalist. Defense attorney Blasier objected that the photographs were beyond the scope of his direct examination, and Judge Ito agreed, sustaining the objection.

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

# 2 THE COURT:

All right. We are over at the side bar. Okay. Mr. Goldberg.

# 3 MR. GOLDBERG:

Your Honor, I wanted to ask him about his own crime scene practices, and since the only crime scene or anything remotely approximating a crime scene he has investigated in the last 19 years was the Bronco, I would like to show what practices he used in investigating it.

# 4 THE COURT:

Well, I mean, don't you think you have already made the point, the fact that he hasn't been to a crime scene for almost twenty years?

# 5 MR. GOLDBERG:

I want to show that he is not wearing a hairnet or a lab coat or he's not wearing gloves and his hands are immediately proximate to biological evidence in this case. I mean this man is--

KEY QUOTE

# 6 THE COURT:

When were these taken?

# 7 MR. GOLDBERG:

August 26th.

# 8 MR. BLASIER:

I didn't elicit any testimony about gloves or hairnets. He is working for the Defense. He wasn't processing this crime scene for the Prosecution. This is completely irrelevant. And I didn't ask any questions about it and it is beyond the scope and it is improper.

# 9 MR. GOLDBERG:

No. 1, his competence as a criminalist is at issue. And no. 2, your Honor, he testified about his examination of this Bronco and his opinions about the Bronco, and this--these photographs are taken at the very examination in the Bronco that he conducted at which these kind of opinions were arrived at.

# 10 THE COURT:

I see the door is on, too, at the time, too.

# 11 MR. GOLDBERG:

Well, on the 26th it is, but it isn't on March the 4th when he did his little thing with where the blood drops were.

# 12 MR. BLASIER:

He only went there to look at it. That is what he testified about. It has nothing to do about what happened in August. I haven't gone into that.

# 13 MR. GOLDBERG:

It is not to impeach him on the door issue, your Honor.

# 14 MR. BLASIER:

Then it is irrelevant, it is beyond the scope.

# 15 THE COURT:

All right. It is beyond the scope.

KEY QUOTE

Temperature

tense

Key Quotes (3)

Hank Goldberg

I want to show that he is not wearing a hairnet or a lab coat or he's not wearing gloves and his hands are immediately proximate to biological evidence in this case.

Goldberg's core argument — using Ragle's own crime scene conduct to undercut his credibility as an expert criticizing LAPD's evidence handling.

Robert Blasier

He is working for the Defense. He wasn't processing this crime scene for the Prosecution. This is completely irrelevant.

Blasier frames the double standard argument — Ragle was there to observe, not collect, so proper collection protocols don't apply.

Lance A. Ito

All right. It is beyond the scope.

Ruling ends the sidebar — Goldberg's impeachment gambit is blocked.

Evidence (2)

Informal

Photographs of Ragle examining the Bronco on August 26th without gloves, hairnet, or lab coat

sought to introduce; blocked as beyond scope

Informal

Ragle's March 4th examination of the Bronco regarding blood drop locations

referenced in argument to distinguish from August 26th visit

Notable Exchanges (1)

Hank Goldberg•Robert Blasier•Lance A. Ito

Goldberg argued that Ragle's own sloppy evidence-handling practices during his Bronco examination undermined his competence to criticize LAPD criminalists; Blasier countered that Ragle was merely observing for the defense, not processing evidence, making the photographs irrelevant and outside the scope of direct; Ito sided with the defense.

strategic

Credibility Attacks (1)

⚔ Ragle

prior conduct / demonstrative evidence

Goldberg attempted to show photographs of Ragle examining the Bronco without standard protective gear (gloves, hairnet, lab coat) while in proximity to biological evidence, to undermine his credibility as a criminalist qualified to criticize LAPD's evidence-collection practices. The attempt was blocked as beyond the scope of direct examination.

Objections

3 objections (1 sustained, 0 overruled)

Proceeding 7968 • 15 utterances

Criminal Trial

Department 103