All right. Back on the record in the Simpson matter. All parties are again present. All right. Counsel, the progress that we are making so far indicates to me that we are not going to finish this hearing this morning, and I've instructed the bailiffs to hold the jury over at the hotel for the afternoon to actually take them shopping this afternoon because I don't think we will get to it this afternoon. The Defense has now provided me with a handwritten list of the specific instances with regards to this first offer of proof, specifically racial epithets that the Defense is seeking to offer before the jury, and I will have Mrs. Robertson file this as addenda to the Defense offer of proof.
All right. Shall we attach this to the amended offer of proof? Previously the court had ordered the offers of proof and the response field because of the inflammatory nature of the content, and I have decided that given the fact that we are now publicly discussing the content that I'm going to unseal the proffer and the Prosecution response and I will instruct my staff to make that available over the noon hour. Secondly, Mr. Uelmen, over the recess I had the opportunity to sit and contemplate for a few moments, and I agree with the Prosecution, that the court does have I think ample context, having read the entire transcript with regards to each of the identified excerpts that you wish to play. However, I think that there is an overriding public interest in the nature of the offer that you are making, and I don't want this court to ever be in a position where there is any indication that this court would participate in suppressing information that is of vital public interest. I think that has already been expressed by the city attorney's office and it has been expressed by other interested entities that this information be made public. So what I'm going to suggest we do at this point, Mr. Uelmen, is that you play the--your video presentation to the court in its entirety without further interruption, I will hear it again, and that will be for the purpose of public dissemination of this information. But I have read and considered and listened to all of this.
All right. Your Honor, if we could just make one request. There are some excerpts where, for example, it refers to Officer Fuhrman nodding, without describing the nature of the nod. It refers to a ripping motion in the course of the discussion of what you would do with a driver's license, which does not appear in the transcript. We would, with respect to those excerpts, request to stop the tape and just put a few questions to Miss McKinny.
Well, let me ask you about no. 15. Detective Fuhrman is heard to make some noises at the end of the tape which in my, I guess, screenwriter's imagination, thought he was discussing--this is where the context was how would a police officer respond to transporting a suspect who has been arrested for assaulting a police officer.
And Fuhrman says, well, you would tell them you don't do that to anybody, any police officer, be they male or female, and then he makes some noises, which given the context of the other tapes, I interpreted as either baton shots or something like that, gestures similar to that, which are not recorded, so if that is the context of the gestures that are being made, I don't know. So I agree with you there may be some portions where you need to stop, but other than that, I think I understand the context.
We have a problem with us. The transcript simply reflects silence while the displayed portion of the excerpt is displayed, and then questions about that--that excerpt. If we could have a stipulation that at that point we could insert into the record the actual words of the--that were being displayed at the time.
Well, we are referring to the--by excerpt keyed to the offer of proof. The offer of proof also has the text, so the text is there. The record--the record I think is adequate.
All right. And I also wanted to clarify that the list I gave your Honor of the 17 instances are instances that we contend are relevant both to show use of the word and to show racial bias.
Well, your Honor, the present format that we have on the tape is a 20-second delay between each excerpt.
All right. And we intend to shorten that for our actual presentation to the jury, so that we don't have 20-second delays between each excerpt. Are we ready to proceed? This is excerpt B-17.
I don't want this court to ever be in a position where there is any indication that this court would participate in suppressing information that is of vital public interest.
Detective Fuhrman is heard to make some noises at the end of the tape which in my, I guess, screenwriter's imagination, thought he was discussing... baton shots or something like that, gestures similar to that, which are not recorded.
The 17 instances are instances that we contend are relevant both to show use of the word and to show racial bias. Not necessarily withdrawal of all 41 uses of the word.