Witness excused and called

📄 Witness excused and called — Tuesday, August 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\22\WITNESS-EXCUSED-AND-CALLED.DOC

TRIAL

▲ Day 140 of 167

◀ Re-redirect examination of Kenneth Berris Motion: blood transfer and discovery ▶

Date: Tuesday, August 22, 1995 • Utterances: 14

Detective Berris is excused following Cochran's cross-examination, and the defense calls Dr. Henry Lee as the next witness. Before Lee takes the stand, Judge Ito clears the jury to address pre-examination matters, including a last-minute prosecution motion to exclude a blood swatch drying experiment Lee performed.

# 1 MR. COCHRAN:

I have nothing further.

# 2 THE COURT:

All right. Detective Berris, thank you very much for coming out.

# 3 MR. BERRIS:

Thank you, Judge.

# 4 THE COURT:

All right. You're excused, sir. All right. Next witness.

# 5 MR. SCHECK:

Defense calls Dr. Lee. Dr. Lee.

# 6 THE COURT:

All right. Ladies and gentlemen, there's a couple of matters I need to take up with the lawyers before we hit the next witness. So I'm going to ask you to step back into the jury room, and we'll get back to you as soon as we can.

# 7 (The following proceedings were held in open court, out of the presence of the jury:)

# 8 THE COURT:

Mr. Scheck, you have some matters to present with Mr. Lee. Any 402 issues we need to take up, photographs, et cetera, et cetera?

# 9 MR. SCHECK:

I don't believe so. The only thing that I would note, your Honor, is that the Prosecution filed this afternoon, this morning really, a motion to exclude an experiment Dr. Lee performed on drying of swatches.

# 10 THE COURT:

Uh-huh.

# 11 MR. SCHECK:

I would note that Dr. Lee's report was turned over quite some time ago and the Prosecution waited until this morning to serve it.

KEY QUOTE

# 12 THE COURT:

Here's Mr. Goldberg. Mr. Scheck, why don't you give us those last two sentences again.

# 13 MR. SCHECK:

Yes. I was just saying, as Mr. Goldberg filed this motion this morning concerning the blood swatch experiment, it's something--

# 14 THE COURT:

Hold on. We need to take a break. Let's take 15.

Temperature

procedural

Key Quotes (2)

Barry Scheck

I would note that Dr. Lee's report was turned over quite some time ago and the Prosecution waited until this morning to serve it.

Scheck flags the prosecution's motion as untimely, framing it as a sandbagging tactic on the eve of a major defense witness.

Barry Scheck

Mr. Goldberg filed this motion this morning concerning the blood swatch experiment

Identifies the specific evidentiary fight: whether Lee's experiment on blood swatch drying will be allowed in front of the jury.

Evidence (1)

Informal

Dr. Lee's experiment on drying of blood swatches

challenged via prosecution motion to exclude

Notable Exchanges (1)

Barry Scheck•Lance A. Ito

Ito asks Scheck to repeat his criticism of the prosecution's timing just as Goldberg enters the room, suggesting the judge wanted Goldberg to hear the complaint directly.

strategic

Objections

None recorded

Proceeding 7412 • 14 utterances

Criminal Trial

Department 103