Motion: screenplay admissibility

📄 Motion: screenplay admissibility — Wednesday, August 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\23\MOTION-SCREENPLAY-ADMISSIBILIT.DOC

TRIAL

▲ Day 141 of 167

◀ In chambers conference Motion: Menzione testimony admissibility ▶

Date: Wednesday, August 23, 1995 • Utterances: 16

A brief scheduling and logistics session in the Laura McKinny screenplay admissibility dispute. Judge Ito sets a Tuesday, August 29 hearing for outstanding issues, notes he will need to read the screenplay himself to rule on admissibility, and clarifies that the DA's transcripts cannot be released until McKinny's response is received since the materials remain her property.

# 1 (The following proceedings were held in open court:)

# 2 THE COURT:

All right. Back on the record. All parties are again present. The jury is not present. Mr. Schwartz and Mr. Regwan, I understand that you've been SDT'd for other materials for tomorrow. We will be dark tomorrow, so I will direct you to file any written responses at your earliest convenience. And we will schedule any argument on any issues you may want to raise for Tuesday, August 29, 9:00 A.M.

# 3 MR. DARDEN:

Your Honor, I have indicated to counsel that I would not object to the court holding an in camera 352 review of the screenplay, that is, after you rule on the admissibility, if all of the other--

# 4 THE COURT:

But I may be required to read that to make the ruling on the admissibility as well.

# 5 MR. DARDEN:

Okay, okay.

# 6 THE COURT:

So I get to listen to all these tapes, read all these transcripts and now I get to read a screenplay. All right. Anything else with regard to that issue?

KEY QUOTE

# 7 MR. MOUNGER:

Your Honor, the last thing I would ask for is just a time frame that I will know--

# 8 THE COURT:

All right. I anticipate that counsel will be able to communicate with their client sometime over the evening hours. They can inform the clerk. And why don't you give Mr. Schwartz, Mr. Regwan your card, they can notify you by phone of their client's response, and if you feel that there is any other case law, any other authority that I might have in this area, you know, you are welcome to file any points and authorities. I anticipate the hearing on these matters, various and sundry matters, Tuesday morning at nine o'clock.

# 9 MR. MOUNGER:

All right. Your Honor, it was also my understanding that there was an objection by the Defense to the proffer of proof. Will I be receiving that?

# 10 THE COURT:

They indicated they wanted some time to think about what their position was.

# 11 MR. COCHRAN:

Yes.

# 12 THE COURT:

And unfortunately I won't be able to address that until Friday morning.

# 13 MR. COCHRAN:

We will think that by Friday I will have some cogent--you might want to call me tomorrow afternoon.

KEY QUOTE

# 14 MR. MOUNGER:

My last question would be on the copy of the D.A.'s transcripts, when would they be available?

# 15 THE COURT:

That will be available as soon as I hear what Miss McKinny's response is, since it is actually still her property.

KEY QUOTE

# 16 MR. MOUNGER:

Thank you very much, your Honor.

Temperature

procedural

Key Quotes (3)

Lance A. Ito

So I get to listen to all these tapes, read all these transcripts and now I get to read a screenplay.

Ito's dry aside captures the sheer volume of McKinny materials before the court and signals he will conduct his own independent review before ruling on admissibility.

Lance A. Ito

That will be available as soon as I hear what Miss McKinny's response is, since it is actually still her property.

Clarifies that McKinny retains ownership of the transcripts, a legally significant point affecting their release and use.

Johnnie Cochran

We will think that by Friday I will have some cogent--you might want to call me tomorrow afternoon.

Cochran signals the Defense is still formulating its position on the proffer of proof objection, buying more time.

Evidence (3)

Informal

Laura McKinny screenplay containing recorded conversations with Mark Fuhrman

Discussed — Ito indicates he will read it as part of his admissibility review; Darden consents to in camera 352 review

Informal

DA's transcripts of McKinny recordings

Discussed — release pending McKinny's response; Ito notes the materials remain her property

Informal

Proffer of proof (Mounger's)

Discussed — Defense objected and asked for time to formulate their position; hearing set for Friday

Notable Exchanges (2)

Christopher Darden•Lance A. Ito

Darden offers not to object to an in camera 352 review of the screenplay after admissibility is ruled on; Ito notes he may need to read it beforehand anyway to make the ruling.

strategic

Lance A. Ito•Mr. Mounger

Mounger asks for a timeline on his client's notification, the proffer of proof objection, and access to the DA's transcripts; Ito addresses each in turn with scheduling guidance.

procedural

Light Moments (1)

Lance A. Ito

Ito dryly remarks on the mounting workload: tapes, transcripts, and now a screenplay.

Objections

None recorded

Proceeding 7427 • 16 utterances

Criminal Trial

Department 103