Subpoena matters

📄 Subpoena matters — Tuesday, August 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\22\SUBPOENA-MATTERS.DOC

TRIAL

▲ Day 140 of 167

◀ Recess (2) Sidebar: subpoena and tape ▶

Date: Tuesday, August 22, 1995 • Utterances: 33

The defense announces it will not call Howard Weitzman as a witness at this time, and his subpoena is quashed with the agreement he remains available on reasonable notice. The session also addresses scheduling for upcoming witnesses Berris and Dr. Henry Lee, and a separate matter involving a Mr. Klein Al'n (who had been ordered to return) is deferred to sidebar.

# 1 THE COURT:

All right. Back on the record in the Simpson matter. Mr. Simpson is again present before the court with his counsel. The People are represented. The jury is not present. We also have counsel, Mr. Weitzman and Mr. Tarlow present. Mr. Cochran, you had to--something to bring to the court's attention.

# 2 MR. COCHRAN:

Yes, I do, your Honor. Good morning again, your Honor. We have had, during this break, an opportunity to talk to Mr. Weitzman who has come here today, and I thank him and his counsel, Mr. Tarlow, for doing that. He is cetera willing to testify. We have conferred with your Honor and actually with Mr. Simpson and we have decided at this point not to call Mr. Weitzman. He is available to testify if we need him. We don't think it is necessary at this point. And if it becomes necessary later, he will come back, but and we thank him for coming.

# 3 THE COURT:

We know where to find him.

KEY QUOTE

# 4 MR. COCHRAN:

I think we can now find him, yes.

# 5 MR. TARLOW:

Your Honor, might we have the subpoena quashed and he will be available through either his office or mine?

KEY QUOTE

# 6 THE COURT:

If that is your representation, counsel, that you will make him available upon reasonable notice, I will accept that.

# 7 THE COURT:

I will accept that.

# 8 MR. COCHRAN:

Thank you, your Honor. Thank you, gentlemen.

# 9 MR. COCHRAN:

The next witness will be Mr. Berris, your Honor.

# 10 THE COURT:

I suggest we take our lunch recess at this point.

# 11 MR. COCHRAN:

The court knows we have Berris and we would like to resolve the matter of Menzione before Dr. Lee testifies because it will be determinative of whether we have her come out so at some point are you going to let us argue that. Miss Shawn Chapman will argue that.

# 12 THE COURT:

All right. I will be delighted to hear the argument.

# 13 MR. COCHRAN:

Remember we are this close. You recall that?

KEY QUOTE

# 14 THE COURT:

I recall that.

# 15 MR. COCHRAN:

Let us know when to do that. Thank you.

# 16 THE COURT:

I anticipate doing that sometime this afternoon then.

# 17 MR. COCHRAN:

She has to get here from Chicago if she comes in.

# 18 THE COURT:

I understand that.

# 19 MR. COCHRAN:

Thank you.

# 20 THE COURT:

Do you want to take care of that one other issue before we stand in recess?

# 21 MR. COCHRAN:

Yes, Mr. Klein Al'n.

# 22 THE COURT:

Mr. Douglas.

# 23 MR. COCHRAN:

Would you have him step in.

# 24 (Discussion held off the record between Defense counsel.)

# 25 MR. COCHRAN:

Mr. Douglas would like to approach and do it at side bar, if at all possible.

# 26 THE COURT:

I would like to have him step in first.

# 27 MR. COCHRAN:

That will be fine, your Honor.

# 28 (Brief pause.)

# 29 MS. CLARK:

Your Honor, just so I can inform Mr. Goldberg, the next witness up after the lunch hour will be Mr. Berris and then we will go to Henry Lee; is that right? So then we have a couple of issues to argue with respect to Henry Lee.

# 30 THE COURT:

I understand that. All right. Mr. Douglas is also present with Mr. Klein Al'n who was present and ordered back to return today. Mr. Douglas, what is your pleasure?

# 31 MR. DOUGLAS:

I would like to approach, your Honor, if I may.

# 32 THE COURT:

All right. With the court reporter, please.

# 33 MR. DOUGLAS:

And Mr. Al'n.

Temperature

procedural

Key Quotes (3)

Lance A. Ito

We know where to find him.

Dry judicial humor in response to Cochran's release of Weitzman — a rare light moment from the bench.

Johnnie Cochran

Remember we are this close. You recall that?

Cochran references an earlier in-chambers or sidebar exchange about the Menzione matter, signaling how consequential its resolution is to the defense's case timing around Dr. Henry Lee.

Mr. Tarlow

Might we have the subpoena quashed and he will be available through either his office or mine?

Formal mechanism to release Weitzman while preserving the defense's ability to call him later.

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran presses the court to schedule argument on the Menzione matter before Dr. Henry Lee testifies, noting it will determine whether a witness must travel from Chicago.

strategic

Carl Douglas•Lance A. Ito

Douglas requests to approach sidebar regarding Mr. Klein Al'n, who had been ordered to return to court. Ito requires Al'n to step in first before any sidebar.

procedural

Light Moments (1)

Lance A. Ito

After Cochran says Weitzman is available if needed, Ito quips 'We know where to find him,' and Cochran replies 'I think we can now find him, yes.'

Witness Demeanor

(Discussion held off the record between Defense counsel.)

(Brief pause.)

Objections

None recorded

Proceeding 7403 • 33 utterances

Criminal Trial

Department 103