Back on the record in the Simpson matter. All parties are again present. The jury is not present. Counsel, one of the motions that we have on calendar--actually we have two for today. We have the Stockdale motion and the IAD motion. And previously, when this matter was submitted to the Court, I advised counsel and Mr. Simpson at the time that my wife was a captain with the Los Angeles Police Department at the time, and I recollect that she was in Internal Affairs when this case was assigned to me back in July of last year. At that time, she was the Captain II there and the chief investigator. When this matter of leaks came up, the Los Angeles Police Department conducted its investigation, and essentially Captain York was not involved in that investigation. This issue has arisen again, and since that time, my wife has been promoted to the Captain III of Internal Affairs. And I feel that since this particular motion involves files that are there, investigation that was conducted by the Internal Affairs Division of the Los Angeles Police Department, I think it's more appropriate that another Judge hear this motion. And I am comfortable with the fact that my wife has had no involvement in that investigation from start to finish and I don't feel that there is any actual conflict involved. However, I think the appearance is such that I would feel more comfortable and I think the parties would feel more comfortable if another magistrate heard this particular motion. And I discussed this informally with counsel off the record, advised them of my inclination that I was going to transfer this to another Judge, to Department 100 to the supervising Judge, Judge Bascue, for his assignment so that this can be heard by a magistrate who has no spousal connection to any of the parties involved here.
However, I've also informally discussed with the parties that in the event that the magistrate hearing the motion does grant an in camera hearing, that because this Court is more familiar with the issues involved, that this Court would then, with the agreement of the parties and stipulation of the Defendant, agree to do the in camera hearing if that comes to pass. Is that your understanding, Mr. Darden?
And I should point out, Mr. Simpson does want to be present at that hearing when it's argued, your Honor.
And I have suggested to the Court, if another magistrate wanted to come here, that would be fine. But we'll go wherever.
Well, let me ask. You know, it's a matter of judicial protocol. I will invite Department 100 to make the assignment. Is it agreeable with you that I contact Judge Bascue and ask him to make the assignment directly?
Yes. And then we'll--and further, I'll make a specific request, your Honor, just from the standpoint of logistics and we're set up here, we would like Mr. Simpson to be present for this hearing, and I would--you have no concerns about protocol if the new magistrate would come here.
On your chair or move your pens or your--I understand, your Honor. If you can work those things out, we'll be more than happy to remain here and wait for the other magistrate. And we could then, of course, in the course of argument explain that if the magistrate believes that there should be an in camera proceeding, we would stipulate, both sides, that your Honor would conduct that because of your familiarity with the facts.
KEY QUOTEAll right. Then I'll take a brief recess. Then I'll contact Judge Bascue, ask him if he will assign the Judge directly to hear the matter here. All right. All right. We'll take 5 minutes.
I don't feel that there is any actual conflict involved. However, I think the appearance is such that I would feel more comfortable and I think the parties would feel more comfortable if another magistrate heard this particular motion.
Just as long as they don't change all the adjustments on my chair.
On your chair or move your pens or your--I understand, your Honor.