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 • Lines: 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) if they were intended as witnesses, along with any exhibits that had not previously been marked. Kelberg had come to court expecting to review these materials but did not see 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 asks for compliance with the court's order while stating that he does not know the results of Douglas's efforts.

Evidence (2)

Informal

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

ordered produced by court if Baden or Wolf was intended as a witness; compliance sought

Informal

Unmarked defense exhibits not previously presented to prosecution

ordered produced by court; compliance sought

Notable Exchanges (1)

Brian Kelberg•Lance A. Ito

Kelberg says he did not see Shapiro, asks about Shapiro's attendance, and requests compliance with the court's order; Ito directs a call to Shapiro's office during recess and says the matter may be taken up at 1 p.m.

procedural

Objections

None recorded

Proceeding 7238 • 8 lines

Criminal Trial

Department 103