Sidebar: subpoena and tape

📄 Sidebar: subpoena and tape — Tuesday, August 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\22\SIDEBAR-SUBPOENA-AND-TAPE.DOC

TRIAL

▲ Day 140 of 167

Date: Tuesday, August 22, 1995 • Utterances: 12

A brief sidebar in which defense attorney Carl Douglas informs Judge Ito that a subpoenaed witness, Mr. Al'n, possesses a tape recording of an interview he conducted with Kato Kaelin but failed to bring it to court on either of his two appearances. Judge Ito directs the defense to draft a written court order compelling Mr. Al'n to produce the tape the following day, with Marcia Clark quickly requesting the prosecution also receive a copy.

# 1 THE COURT:

All right. We are over at the side bar.

# 2 MR. DOUGLAS:

Your Honor, Mr. Al'n is here pursuant to a subpoena for items in his presence. He had first appeared on the 9th. He was then placed on call and asked to return. He--I am informed he has possession of a tape-recorded interview between he and Mr. Kato Kaelin. I have not heard the tape-recording yet. I asked him about it today and whether or not he still had it in his possession. He did not bring it to court with him today, nor did he bring it when he was here earlier. He suggests to me that it is obtainable, that it is secreted in a location of safety and he chose not to bring it with him. I would ask that he be ordered to bring it tomorrow.

# 3 THE COURT:

All right. If you want to do this in this manner, what I suggest you do is draft a written order for the court to serve upon him directing him to bring the matter here.

# 4 MR. DOUGLAS:

Very well.

# 5 THE COURT:

But you can have Mr. Blasier whip up and printout in all of about twelve seconds.

KEY QUOTE

# 6 MR. DOUGLAS:

Okay.

# 7 THE COURT:

Serve him with it and I will sign it.

# 8 MR. DOUGLAS:

Can I ask him to remain here?

# 9 THE COURT:

Sure. I will stay for ten, fifteen minutes.

# 10 MS. CLARK:

Could we see a copy of that tape if he brings it in?

KEY QUOTE

# 11 MR. SHAPIRO:

On scheduling off the record?

# 12 THE COURT:

Off the record.

Temperature

procedural

Key Quotes (3)

Carl Douglas

He suggests to me that it is obtainable, that it is secreted in a location of safety and he chose not to bring it with him.

Raises the question of why a subpoenaed witness is deliberately withholding a potentially relevant tape recording — suggests non-compliance or evasion.

Lance A. Ito

But you can have Mr. Blasier whip up and printout in all of about twelve seconds.

Casual judicial efficiency — Ito is unbothered and expedient, illustrating his no-nonsense courtroom management style.

Marcia Clark

Could we see a copy of that tape if he brings it in?

The prosecution immediately asserts its right to access defense-subpoenaed evidence — a quick, shrewd move by Clark.

Evidence (1)

Informal

Tape-recorded interview between Mr. Al'n and Kato Kaelin

discussed; court order sought to compel production

Notable Exchanges (2)

Carl Douglas•Lance A. Ito

Douglas explains that Mr. Al'n has appeared twice under subpoena without producing the tape, claiming it is stored somewhere safe. Ito cuts through it efficiently and directs the defense to prepare a written order on the spot.

strategic

Marcia Clark•Lance A. Ito

Clark immediately requests a copy of the tape for the prosecution once it is produced, asserting discovery rights before the sidebar ends.

strategic

Light Moments (1)

Lance A. Ito

Judge Ito quips that Blasier can draft and print the court order in 'about twelve seconds,' conveying mild impatience and dry humor.

Objections

None recorded

Proceeding 7404 • 12 utterances

Criminal Trial

Department 103