All right. Back on the record in the Simpson matter. Mr. Simpson is again present before the court with his counsel, Mr. Shapiro--where is Mr. Shapiro today?

He will be here, your Honor.

There is Mr. Cochran, Mr. Spaulding, Mr. Bailey, Mr. Uelmen. The People are represented by Miss Lewis, Miss Clark, Mr. Darden. Also present, Mr. Schwartz, Mr. Regwan on behalf of Miss McKinny. Also present is city attorney James Hahn and Miss House, deputy city attorney. And I note the presence of my good friends Miss Sager and Mr. Mirell. All right. Mr. Neufeld, earlier you indicated you had a discovery issue you wanted to take up before we launch into our other scheduled matters today.

Thank you, your Honor. Good morning.

Good morning, sir. How are you?

I understand both in my absence and now in my presence that there is a great concern to move this matter along and that is why I'm here this morning. Just so we are very clear on this, your Honor, with the completion of Dr. Lee's testimony yesterday, there will be no more scientific evidence emanating from the Defense during its presentation of its case. And we fully expect that the Defense will wrap up its case in the next few days once your rulings are made on the Fuhrman tapes. Consequently, we are looking forward to what we hope will be a brief rebuttal case by the Prosecution. However, we don't know anything about that rebuttal case yet. We don't know the names of any of the witnesses, we don't even know the subjects that will be covered by that rebuttal case or at least hope to be covered by that rebuttal case. But we do know that there are certain documents, certain notes that have been prepared, certain photographs that have been shot and developed by the Prosecution that have not yet been turned over. And that which we know about very simply at this time, your Honor, includes photomicrographs taken by Gary Sims of the socks on July 17th because they are referred to in a report of July 17th by Peter de Forest. We know that Peter de Forest from August 16th to August 18th examined the socks, the envelope and the item 47 bindle in his own offices back in New York City, and he informed me that during that time he took five rolls of pictures, three rolls of prints and two rolls of slides, all the negatives of which were forwarded to the Prosecution on he believes it was August 18th, but he is not positive, it could be one day later.

So they have all those negatives. We also know from what happened during the cross-examination of Dr. Lee yesterday that the FBI has taken some of the original negatives in this case and done enhancements. We would believe and suspect that Mr. Bodziak or others at the FBI have also prepared notes in connection with their new or reanalysis of the evidence and these new photographs. We suspect that Sims, de Forest and Bodziak will all be called or attempted to be called as rebuttal witnesses by the Prosecution, probably by certainly no later than the day after labor day, and we have not received any of these notes yet nor any of these photographs. We believe that given the Prosecution's position on other discovery matters involving the Defense, they took the position that those photographs, as soon as they come into existence, should immediately be turned over to the other side and so should the notes. We haven't gotten either yet. More importantly, from the court's point of view, it is just a matter of common sense, if we don't see those photographs and those photomicrographs immediately, we are going to need time while the witnesses are testifying to send them out to Dr. Lee, to Professor MacDonell, the same kind of opportunity that you were going to give the Prosecution when they didn't have certain things in a timely fashion what they perceived as a timely fashion from Dr. Lee. We will need those kind of postponements. We don't want to do that. We want to move the case along as quickly as possible. All we are asking the court to do is simply tell the People, since their rebuttal case is going to be starting almost immediately, to get that stuff to us certainly within the next 24 or 48 hours so that we can have our experts analyze it.

All right. Thank you. People.

Good morning, your Honor.

Good morning, Miss Clark.

We have a list of rebuttal witnesses that we have prepared that should be turned over today. With respect to photographs and notes, notes of course should be turned over as it--to the extent that the court finds that it comes within the category of witness statements under Izazaga, but Izazaga I think is very clear that with respect to rebuttal case, the People's rebuttal case, we are not required to turn over real evidence such as photographs. I'm not going to stand on the letter of that, your Honor. As soon as we have the photographs in our hands available to turn over to the Defense, I will turn them over. I'm not trying to stand on the letter of the law here. But I have not seen the photographs Mr. Neufeld mentions. I have no objection to letting them see them even though the law does not require us to do that. I want to get this thing going. So we have made all haste and I have worked over the weekend to get everybody up to speed so that we have a rebuttal witness list ready to go, all of the discovery that is required to be turned over, ready to go, and the photographs, as soon as we have them and they are collected, will be given to the Defense without--

Just as a matter of planning so that Mr. Neufeld and all the Defense experts can make plans to make time available to examine these items, when do you anticipate having the photographs and the reports available?

I'm going to have to check with everybody on that, your Honor, because as the court knows, our witnesses are so spread out everywhere, but as a matter of fact, that is being checked on right now. I have already asked that the message be sent and find out when we can we get those here.

Why don't we do this then. Why don't you report back to me at 1:30 this afternoon and let me know what the schedule is, but I appreciate your attitude on this.

Sure, sure.

All right.

Thank you.