Session opening and jury sworn in

📄 Session opening and jury sworn in — Tuesday, August 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\8\SESSION-OPENING-AND-JURY-SWORN.DOC

TRIAL

▲ Day 131 of 167

◀ Adjournment Cross-examination of Dr. Terence Speed (morning, part 1) ▶

Date: Tuesday, August 8, 1995 • Utterances: 24

Court reconvenes with counsel but without the jury to handle scheduling and a brief discovery dispute. Clark requests notes taken by defense experts Dr. Baden and Wolf during Dr. Lakshmanan's testimony; Shapiro objects that they are work product. The jury is then brought in and Professor Terence Speed resumes the stand for cross-examination by Harmon.

# 1 (Appearances as heretofore noted; also appearing, Arthur Walsh, deputy city attorney; John S. Schuster, Esquire, and Thomas J. Nolan, Esquire, on behalf of Gretchen Stockdale.)

# 2 (Janet M. Moxham, CSR no. 4855, official reporter.)

# 3 (Christine M. Olson, CSR no. 2378, official reporter.)

# 4 (A conference was held in chambers, not reported.)

# 5 (The following proceedings were held in open court, out of the presence of the jury:)

# 6 THE COURT:

Back on the record in the Simpson matter. Mr. Simpson is again present before the court with his counsel, Mr. Shapiro, Mr. Cochran, Mr. Blasier, Mr. Scheck, Mr. Neufeld. The People are represented by Mr. Harmon and Miss Clark. The jury is not present. We previously had scheduled a hearing with the Los Angeles city attorney regarding certain records held by the Los Angeles Police Department Internal Affairs Division. And I have conferred with counsel in chambers and we have agreed to complete the testimony of Professor Terence Speed before we proceed to that argument to allow Mr. Uelmen to be here for purposes of that argument. Is that correct, Mr. Cochran?

# 7 MR. COCHRAN:

Yes, your Honor, that's correct.

# 8 THE COURT:

Miss Clark?

# 9 MS. CLARK:

Yes, your Honor.

# 10 THE COURT:

All right. Anything else before we resume with Dr. Speed?

# 11 MS. CLARK:

Yes. Very briefly. Mr. Kelberg will be down to address the Court concerning the matter of the further discovery. Dr. Baden and Wolf were both here during the testimony of Dr. Lakshmanan and took copious notes that we observed. In the package of discovery that was just delivered to us last night, there was nothing like that and so we are asking for the Court to require that those notes be turned over to us.

# 12 THE COURT:

All right. Well, we will take that up when Mr. Kelberg joins us.

# 13 MS. CLARK:

Thank you, your Honor.

# 14 THE COURT:

All right. Thank you.

# 15 MR. SHAPIRO:

We are going to object strenuously. That is not discoverable. That is clearly work product.

KEY QUOTE

# 16 THE COURT:

Well, we will get to that when we get to that. All right. Deputy Magnera, let's have the jurors, please.

# 17 (Brief pause.)

# 18 (The following proceedings were held in open court, in the presence of the jury:)

# 19 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. And the record should reflect that we have been rejoined by all the members of our jury panel. Good morning, ladies and gentlemen.

THE JURY: Good morning.

# 20 THE COURT:

And Professor Speed, would you resume the witness stand, please.

Terence Speed, the witness on the stand at the time of the evening adjournment, resumed the stand and testified further as follows:

# 21 THE COURT:

All right. Let the record reflect that Professor Terence Speed is again on the witness stand now to undergo cross-examination by Mr. Harmon. And Professor Speed, good morning.

# 22 PROF. SPEED:

Good morning, sir.

# 23 THE COURT:

Sir, you are reminded that you are still under oath. And Mr. Harmon, you may commence with your cross-examination.

# 24 MR. HARMON:

Thank you, your Honor. Good morning, ladies and gentlemen.

THE JURY: Good morning.

CROSS-EXAMINATION BY MR. HARMON

Temperature

procedural

Key Quotes (2)

Marcia Clark

Dr. Baden and Wolf were both here during the testimony of Dr. Lakshmanan and took copious notes that we observed. In the package of discovery that was just delivered to us last night, there was nothing like that and so we are asking for the Court to require that those notes be turned over to us.

Prosecution raises a discovery dispute over defense expert observation notes, signaling ongoing friction over evidence disclosure.

Robert Shapiro

We are going to object strenuously. That is not discoverable. That is clearly work product.

Defense asserts work-product privilege over expert notes, a recurring battleground in the case.

Notable Exchanges (1)

Marcia Clark•Robert Shapiro•Lance A. Ito

Clark requests production of notes taken by defense experts Baden and Wolf; Shapiro immediately objects on work-product grounds; Ito defers the dispute to a later hearing.

strategic

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 7224 • 24 utterances

Criminal Trial

Department 103