📄 Court reconvenes; socks stipulation — Wednesday, August 23, 1995
📅 Aug 23 — Day 141
⚖️ Lance A. Ito🛡️ Barry Scheck
chain_of_custodysocks
Address:
C:\DEPT103\CRIMINAL\1995\AUG\23\COURT-RECONVENES-SOCKS-STIPULA.DOC
TRIAL
▲ Day 141 of 167

Court reconvenes; socks stipulation

Date: Wednesday, August 23, 1995 • Utterances: 13
Court reconvenes after recess without the jury present. Defense attorney Barry Scheck raises the unresolved question of a stipulation related to the socks evidence, but prosecutor Hank Goldberg flatly refuses to stipulate. Scheck then asks the court to take judicial notice of the record, noting that when the socks examination occurred, only he, co-counsel Blasier, and prosecutors Harmon and Clarke were present alongside Dr. Lee.
1 (Appearances as heretofore noted.)
2 (Janet M. Moxham, CSR no. 4855, official reporter.)
3 (Christine M. Olson, CSR no. 2378, official reporter.)
4 (The following proceedings were held in open court, out of the presence of the jury:)
5 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.

6 MR. SCHECK:

Your Honor, did you want to--at some point, I can indicate it, but I thought it was this afternoon we were going to the socks, and we had to resolve the stipulation question. I thought you had asked Mr. Goldberg--

7 THE COURT:

Sometime this afternoon? All right. The socks. Do you have an extra copy of that stipulation? And more importantly, have you had the opportunity to discuss it with Mr. Goldberg?

8 MR. SCHECK:

Briefly yesterday.

9 THE COURT:

Well, the stipulation is agreement between the parties as to the evidence. If you can't agree amongst yourselves, then--

10 MR. GOLDBERG:

We don't stipulate.

11 THE COURT:

All right. All right. Let's have the jurors, if there's no stipulation.

12 MR. SCHECK:

Well, my request, as the court noted, is that you take judicial notice of what was said in the record and that--at the time that this was done, I made an objection to the court and it was done with the full knowledge that the only two witnesses in the room, aside from Dr. Lee, were the two lawyers who were sitting next to him, myself and Mr. Blasier on the other side of Mr. Harmon and Mr. Clarke.

KEY QUOTE
13 THE COURT:

All right. With the court reporter, please.

Temperature

procedural

Key Quotes (2)

Hank Goldberg
We don't stipulate.
Blunt prosecutorial refusal to agree on a factual stipulation about the socks evidence, forcing the defense to prove the point through testimony or judicial notice instead.
Barry Scheck
My request, as the court noted, is that you take judicial notice of what was said in the record and that--at the time that this was done, I made an objection to the court and it was done with the full knowledge that the only two witnesses in the room, aside from Dr. Lee, were the two lawyers who were sitting next to him, myself and Mr. Blasier on the other side of Mr. Harmon and Mr. Clarke.
Scheck is laying groundwork for a chain-of-custody or evidence-handling argument about the socks, establishing who was present during the examination and that he had contemporaneously objected.

Evidence (1)

Informal
The socks — physical evidence from the crime scene, subject of a proposed stipulation between parties
discussed

Notable Exchanges (1)

Barry ScheckHank Goldberg
Scheck attempts to get Goldberg to agree on a stipulation about the socks evidence; Goldberg refuses with two words. Ito immediately moves to bring in the jury.
strategic

Objections

None recorded
Proceeding 7419 • 13 utterances
Criminal Trial
Department 103
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📂 AUG 23, 1995 📄 Court reconvenes; socks stipul
AUG 23, 1995 KRT DvH TD