📄 Court scheduling and procedures — Tuesday, August 22, 1995
Address:
C:\DEPT103\CRIMINAL\1995\AUG\22\COURT-SCHEDULING-AND-PROCEDURE.DOC
TRIAL
▲ Day 140 of 167

Court scheduling and procedures

Date: Tuesday, August 22, 1995 • Utterances: 18
A brief administrative session held outside the jury's presence to handle scheduling and briefing logistics. Marcia Clark asked the court how it wanted to handle response briefs after simultaneous filings by both sides, and Judge Ito set a Friday noon deadline. Clark also took a moment to apologize for losing her temper earlier in the day, prompting a mild observation from Ito before the jury was brought in.
1 THE COURT:

All right. Back on the record in the Simpson matter. All parties are again present. The jury is not present. All right. Deputy Magnera, let's have the jurors, please.

2 MR. COCHRAN:

Your Honor, with regard to our earlier--with regard to our discussion at side bar, the court I think indicated that perhaps the People should subpoena their witnesses around the 30th of August for rebuttal?

3 THE COURT:

Yes.

4 MR. COCHRAN:

Thank you.

5 THE COURT:

Thank you.

6 MS. CLARK:

Your Honor, I think maybe the court is aware of the timing of this, that we filed our points and authorities in response to the initial proffer made by the Defense. At the same time as we filed, the Defense filed points and authorities. What I wanted to ask the court is whether it would prefer that we file a response to those points and authorities, because obviously our papers couldn't be responsive--they were filed simultaneously--to the Defense points and authorities in writing, or orally argue it?

7 THE COURT:

Well, that is up to you, but if you are going to do it, you need to file it by Friday close of business, noon.

8 MS. CLARK:

Okay. Okay. We will do our best to--

9 THE COURT:

Because obviously this is going to consume my entire weekend.

10 MS. CLARK:

Right, right. Just to offer some ray of hope, because I personally am very upset about the extension of time of this case, I would--and I apologize to the court for losing my temper earlier this morning. The extended time and delay--

11 THE COURT:

Isn't it amazing how much smoother things go when we address the specific issues?

KEY QUOTE
12 MS. CLARK:

I agree, your Honor. I'm certainly not arguing with the court. I'm apologizing to the court.

13 THE COURT:

Just an observation; not a criticism.

14 MS. CLARK:

Yes, and I'm going to try and rein in my personal aggravation at things we can't help, but by--

15 THE COURT:

We are all tired.

16 (Brief pause.)
17 (The following proceedings were held in open court, in the presence of the jury:)
18 THE COURT:

Thank you, ladies and gentlemen. Please be seated. The record should reflect that we have been rejoined by all the members of our jury panel again. Good morning, ladies and gentlemen. All right. The Defense may call their next witness. Mr. Cochran.

Temperature

routine

Key Quotes (3)

Lance A. Ito
Isn't it amazing how much smoother things go when we address the specific issues?
A rare moment of dry judicial wit directed at the courtroom's tendency toward friction; delivered in response to Clark's apology.
Marcia Clark
I personally am very upset about the extension of time of this case... I apologize to the court for losing my temper earlier this morning.
Reveals Clark's frustration with the pace of the trial and offers a candid moment of self-awareness in front of the judge.
Lance A. Ito
We are all tired.
A humanizing acknowledgment from the bench reflecting the strain the prolonged trial was placing on all participants.

Notable Exchanges (2)

Marcia ClarkLance A. Ito
Clark apologized for losing her temper earlier and expressed frustration at the trial's length; Ito responded with a gentle observation about how proceedings go smoother when focused on specific issues, then acknowledged the shared exhaustion.
conciliatory
Johnnie CochranLance A. Ito
Cochran confirmed the court's earlier sidebar guidance that the People should subpoena rebuttal witnesses around August 30th.
procedural

Light Moments (1)

Lance A. Ito
Ito's dry remark — 'Isn't it amazing how much smoother things go when we address the specific issues?' — drew an implicit contrast with the courtroom's usual combativeness.

Witness Demeanor

(Brief pause.)

Objections

None recorded
Proceeding 7392 • 18 utterances
Criminal Trial
Department 103
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📂 AUG 22, 1995 📄 Court scheduling and procedure
AUG 22, 1995 KRT DvH TD