Sidebar: report and scheduling

📄 Sidebar: report and scheduling — Tuesday, August 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\22\SIDEBAR-REPORT-AND-SCHEDULING.DOC

TRIAL

▲ Day 140 of 167

Date: Tuesday, August 22, 1995 • Utterances: 35

A brief bench conference at the end of a court day covering two administrative matters: Judge Ito requesting a copy of Dr. Henry Lee's July 15th report to review overnight, and Cochran reminding the court about the pending 'Menzione issue' (a separate motion) and when it might be addressed. The exchange is conversational and largely routine, with a small moment of humor from the judge.

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

# 2 THE COURT:

Two things. Mr. Goldberg, the court reporters always hate lawyers who stand there and jingle change in your pocket, so if there is change in your pocket it will be confiscated by the court tomorrow. Secondly, can I have a copy of Dr. Lee's report, July report? And I need it tonight because I'm going to have to take this stuff home with me.

# 3 MR. COCHRAN:

I'm sure he can.

# 4 MR. SCHECK:

Yes.

# 5 THE COURT:

Make sure I have it before you leave.

# 6 MR. SCHECK:

Yes.

# 7 MR. COCHRAN:

Can I say something.

# 8 THE COURT:

Okay.

# 9 MR. COCHRAN:

I just want to remind you about the Menzione thing, and the reason I was trying to bring it up I was trying to say it and you told me to butt out and it was too late today because it is logistics, so just tell me when because I will have Shawn back down here again. I know you got other things and the plate is full so just give me a general idea.

# 10 THE COURT:

Well, I don't think we are going to finish Lee today or Friday. I mean tomorrow or Friday.

# 11 MR. COCHRAN:

No, no. The point, your Honor, is this--

# 12 THE COURT:

I was trying to think.

# 13 MR. COCHRAN:

Yeah.

# 14 THE COURT:

Marcia, when do you--were you going to argue that?

# 15 MS. CLARK:

Uh-huh.

# 16 THE COURT:

When are you going to be ready to do that?

# 17 MS. CLARK:

Whenever you want.

# 18 THE COURT:

How about never?

# 19 MS. CLARK:

I agree, but--

# 20 MR. COCHRAN:

I don't agree.

# 21 MR. SCHECK:

These pictures are the pictures from the--the record should reflect Mr. Goldberg has just handed the court a copy of Dr. Lee's report, and I just note that it is a Xerox and on the back of the Xerox there are what seem to be--Xeroxes of photographs, but they are illegible, however they are--reflect the drying experiment and I think you have the boards.

# 22 THE COURT:

Well, I'm more concerned about the discovery issue at this point because that is what I want to resolve.

# 23 MR. GOLDBERG:

Your Honor, could we just--for the record I should probably tell you the page numbers that I just handed you. It is--I can't read them.

# 24 THE COURT:

Def 00942 and this is Dr. Lee's report that is dated July 15th which I understand was given to the Prosecution on July 17th. All right. Because I will need to look at this to determine what is what. Okay. The problem I have on this, Mr. Cochran, is I need to resolve this.

KEY QUOTE

# 25 MR. COCHRAN:

Let me know. Just I will--I will remind you again if you don't think about it.

# 26 THE COURT:

Remind me tomorrow.

# 27 MR. SCHECK:

I think it is minor issue, but my recollection is that there was a cover letter with this, Hank, that indicated that Dr. Lee had misstated a date here.

# 28 MR. COCHRAN:

Do you have a copy?

# 29 MR. SCHECK:

But it is not relevant.

# 30 MR. COCHRAN:

Do we have a copy of it?

# 31 THE COURT:

All right. See you tomorrow.

# 32 MS. CLARK:

Okay. We have paper filed on the Menzione issue. You know about that. We had filed a motion awhile back on that with the court.

# 33 THE COURT:

The Menzione issue, is there a PMA?

# 34 MS. CLARK:

By the People.

# 35 THE COURT:

Thank you.

Temperature

procedural

Key Quotes (3)

Lance A. Ito

How about never?

A rare moment of judicial humor in response to Clark saying she'd argue the Menzione issue whenever the court wanted — Ito jokes he'd prefer to never deal with it.

Barry Scheck

I just note that it is a Xerox and on the back of the Xerox there are what seem to be--Xeroxes of photographs, but they are illegible, however they are--reflect the drying experiment

Scheck flags that the copy of Dr. Lee's report handed to the judge contains illegible photographs of the drying experiment — a key part of Lee's forensic analysis.

Lance A. Ito

Def 00942 and this is Dr. Lee's report that is dated July 15th which I understand was given to the Prosecution on July 17th.

Judge establishes the discovery timeline for Dr. Lee's report, noting it was produced to prosecution two days after it was dated — relevant to any discovery dispute.

Evidence (1)

Def 00942

Dr. Henry Lee's forensic report dated July 15th, including photographs of the drying experiment

handed to judge; discussed re: discovery timing and legibility of photographs

Notable Exchanges (2)

Lance A. Ito•Marcia Clark•Johnnie Cochran

Discussion of the 'Menzione issue' — Cochran wants to schedule it, Clark says she's ready whenever, and Ito jokes he'd prefer to never address it before Clark notes they have a filed motion pending.

light/strategic

Barry Scheck•Hank Goldberg

Scheck notes the copy of Dr. Lee's report handed up contains illegible photograph reproductions and mentions a cover letter may exist indicating Lee had misstated a date in the report.

procedural

Light Moments (2)

Lance A. Ito

Judge Ito jokes 'How about never?' when Clark says she'll argue the Menzione issue whenever the court wants.

Lance A. Ito

Ito warns Goldberg that court reporters hate lawyers who jingle change in their pockets and threatens confiscation.

Objections

None recorded

Proceeding 7383 • 35 utterances

Criminal Trial

Department 103