Sidebar: Baden and Wolf exhibits

📄 Sidebar: Baden and Wolf exhibits — Wednesday, August 9, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\9\SIDEBAR-BADEN-AND-WOLF-EXHIBIT.DOC

TRIAL

▲ Day 132 of 167

◀ Motion: LAPD subpoena materiality Witness scheduling ▶

Date: Wednesday, August 9, 1995 • Utterances: 8

Prosecutor Kelberg raised a compliance issue with a prior court order requiring the defense to turn over notes from Dr. Baden and Dr. Wolf (defense expert witnesses) along with any unmarketed exhibits. Kelberg had come to court expecting to review these materials but could not locate Mr. Shapiro. The matter was briefly discussed and then taken up in an unreported bench conference.

# 1 MR. KELBERG:

Your Honor, could I just be heard briefly--

# 2 THE COURT:

Mr. Kelberg.

# 3 MR. KELBERG:

--on an unrelated matter? I asked Mr. Douglas--the Court will recall yesterday that the Court ordered Mr. Shapiro to turn over this morning any notes of either Dr. Baden or Dr. Wolf if they were intended as witnesses in the case and also to present exhibits that have not previously been marked so that I could review them. I came down in hopes of seeing Mr. Shapiro and having access to any such notes. Not seeing him, I asked Mr. Douglas what the situation was, if Mr. Shapiro was going to be attending this morning and so forth. I don't know what the results of Mr. Douglas' efforts were, if any, of ascertaining what that information is, but needless to say, I would like compliance with the Court's order and I know of no other way to make the request.

# 4 THE COURT:

All right. Let me direct you then to call Mr. Shapiro's office as soon as we take our recess. If we need to, we will take the matter up at one o'clock.

# 5 MR. KELBERG:

Thank you, your Honor.

# 6 MR. DOUGLAS:

I have done it, your Honor. Can we approach on that matter?

# 7 THE COURT:

Sure.

# 8 (A conference was held at the bench, not reported.)

Temperature

procedural

Key Quotes (1)

Brian Kelberg

I would like compliance with the Court's order and I know of no other way to make the request.

Kelberg formally puts on the record that the defense has not yet complied with the judge's discovery order regarding expert witness materials.

Evidence (2)

Informal

Notes of Dr. Baden and/or Dr. Wolf (defense expert witnesses)

ordered produced by court; compliance sought

Informal

Unmarketed defense exhibits not previously presented to prosecution

ordered produced by court; compliance sought

Notable Exchanges (1)

Brian Kelberg•Lance A. Ito

Kelberg flags that Shapiro has not appeared and the court's discovery order has not been complied with; Ito directs him to call Shapiro's office during recess and reserves the matter for 1 p.m. if needed.

procedural

Witness Demeanor

(A conference was held at the bench, not reported.)

Objections

None recorded

Proceeding 7238 • 8 utterances

Criminal Trial

Department 103