Sidebar: cross-examination and evidence handling

📄 Sidebar: cross-examination and evidence handling — Friday, August 25, 1995

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C:\DEPT103\CRIMINAL\1995\AUG\25\SIDEBAR-CROSS-EXAMINATION-AND-.DOC

TRIAL

▲ Day 142 of 167

◀ Direct examination of Dr. Henry Lee (part 2) Jury discharge and adjournment ▶

Date: Friday, August 25, 1995 • Utterances: 34

A brief sidebar conference covering logistics before a break: the court discusses Goldberg's timeline for assessing his cross-examination strategy, Scheck's offer to share original defense photographs with the prosecution, a deferred plan to cut threads off evidence items with Dr. Lee present, and Cochran's notice of two upcoming defense witnesses including Carol Gobern, who reportedly gave Simpson a Band-Aid for his bleeding finger.

# 1 THE COURT:

All right. Mr. Goldberg.

# 2 MR. GOLDBERG:

Your Honor--

# 3 THE COURT:

You may approach with the court reporter, please.

# 4 (The following proceedings were held at the bench:)

# 5 THE COURT:

We've over at the sidebar. My inclination is to take a break at this time.

# 6 MR. GOLDBERG:

Thank you. I would assume so.

# 7 MR. COCHRAN:

They have five minutes.

# 8 THE COURT:

Given where we are, that will give Mr. Goldberg the afternoon and the weekend to prepare.

# 9 MR. COCHRAN:

I think we should--

# 10 THE COURT:

When do you think--Hank, when do you think you'll be in a position to assess your strategy, know if you are going to be able to go forward Monday?

# 11 MR. GOLDBERG:

I'm going to try to call the early part this afternoon.

# 12 THE COURT:

Why don't you let me know say 2:30. All right. Would you call Mr. Cochran's office first and then notify the court?

# 13 MR. SCHECK:

Yes. I also have brought to court all our photographs. We only have one set of original photographs, but I spoke to Miss Martinez last night. I've indicated to the Prosecution that they can have--they can exchange with us--in terms of the boards, they wanted original photographs. They can exchange them with us. I can give them a full set of original photographs. We'll work out some way to get everybody a set, but they can have those now to send to their experts whatever they want. I've sent them a whole bunch of copies of these.

KEY QUOTE

# 14 MR. COCHRAN:

Can I say one other thing too?

# 15 THE COURT:

No. This is one--I'll get to scheduling in a second. I want to resolve the Goldberg-Scheck issues first. Okay.

# 16 MR. GOLDBERG:

Your Honor--

# 17 THE COURT:

Do you have those here?

# 18 MR. SCHECK:

Yes.

# 19 THE COURT:

When do you plan on doing this? Now?

# 20 MR. SCHECK:

As soon as the jury is gone, I can go over this with Miss Martinez. Mr. Goldberg can give them what they want.

# 21 MR. GOLDBERG:

Your Honor, Mr. Scheck and I had an agreement off the record that some of the little threads on the items be cut off on the record by the witness. But--

KEY QUOTE

# 22 MR. SCHECK:

I'll do that right now.

# 23 MR. GOLDBERG:

Mr. Scheck can deal with it or maybe we can deal with it on cross.

# 24 MR. SCHECK:

I'll do it right now. It'll take one minute.

# 25 MR. GOLDBERG:

Then we have to document it before it's done.

# 26 THE COURT:

Let's not do that and break at this point before we start cutting threads.

# 27 MR. SCHECK:

No. Just the threads.

# 28 THE COURT:

I understand. I've got a jillion things to do starting right now. So we can do that Monday or whenever we come back with Dr. Lee.

# 29 MR. COCHRAN:

Two things. There is another--to further help the court--not that you need any help--but we have just--we did a chart. I just want to make sure you get that with regard to further amend the thing on the tape. So we prepared a chart device to make it easier to listen to the tapes. I just wanted to make sure you got that. The other thing--

# 30 THE COURT:

I should give you mine because my staff has already done that.

# 31 MR. COCHRAN:

See? The other thing, with regard to scheduling, I expect that on Monday, we may still be on cross, but some people we may want to take out of order. Menzione will be here Monday as will Carol Gobern. Carol Gobern is the lady who gave him the Band-Aid for his finger bleeding. And both--I want to put them on Tuesday. Both have little kids. I guess they've got to get in here Tuesday. I just want the court to know about those two.

# 32 MR. DARDEN:

They'll be here Monday or Tuesday?

# 33 MR. COCHRAN:

Monday for Tuesday I presume, but they've got to get in and out of here. So I wanted you to know that.

# 34 THE COURT:

Sounds good to me. All right. We'll take our break at this point.

Temperature

procedural

Key Quotes (3)

Johnnie Cochran

Carol Gobern is the lady who gave him the Band-Aid for his finger bleeding.

Identifies a defense witness who can testify about Simpson's cut finger on the night of the murders, relevant to the blood evidence timeline.

Barry Scheck

I also have brought to court all our photographs. We only have one set of original photographs... they can exchange them with us.

Defense offers to share original photographs with prosecution experts, coordinating evidence access ahead of Dr. Lee's testimony.

Hank Goldberg

Mr. Scheck and I had an agreement off the record that some of the little threads on the items be cut off on the record by the witness.

Reveals an off-record agreement between counsel about handling physical evidence — the court defers this to avoid acting before documenting the procedure.

Evidence (3)

Informal

Defense original photographs (one set), copies shared with prosecution

discussed, offered for exchange

Informal

Physical evidence items with threads (associated with Dr. Lee testimony)

deferred — thread-cutting procedure postponed to Monday

Informal

Chart prepared by defense to assist with listening to tapes

provided to court

Notable Exchanges (2)

Barry Scheck•Hank Goldberg•Lance A. Ito

Goldberg reveals an off-record agreement with Scheck about cutting threads from evidence items on the record with a witness present; Ito pumps the brakes and defers to Monday with Dr. Lee.

strategic

Johnnie Cochran•Lance A. Ito

Cochran notices Carol Gobern and Menzione as witnesses needing to be taken out of order due to childcare constraints; court accommodates.

cooperative

Light Moments (1)

Lance A. Ito

Cochran says the defense prepared a chart 'to further help the court — not that you need any help.' Ito responds that his staff has already done the same thing.

Objections

None recorded

Proceeding 7433 • 34 utterances

Criminal Trial

Department 103