Procedural matters

📄 Procedural matters — Wednesday, February 1, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\1\PROCEDURAL-MATTERS.DOC

TRIAL

▲ Day 10 of 167

◀ Recess Direct examination of Ron Shipp (afternoon, part 1) ▶

Date: Wednesday, February 1, 1995 • Utterances: 26

Judge Ito opens the afternoon session with brief scheduling matters, rescheduling witness Mr. Jones to the following day at 4:00 PM because counsel requested the afternoon off to attend a funeral. The remainder of the proceeding is a brief legal dispute over whether a 402/403 evidentiary inquiry regarding a witness's testimony about 'dreams' should be conducted outside the jury's presence — Ito rules it will happen in front of the jury, overruling defense objections.

# 1 THE COURT:

GOOD AFTERNOON, COUNSEL.

# 2 MR. DARDEN:

BEFORE WE CALL THE JURY IN, PERHAPS THE COURT WOULD LIKE TO ADMONISH THE WITNESS REGARDING ITS EARLIER RULING THIS MORNING -- I EXPLAINED IT THIS MORNING -- JUST TO BE ON THE SAFE SIDE.

# 3 THE COURT:

I THOUGHT WE COULD TAKE UP MR. JONES FIRST, BUT I PRESUMED YOU DISCUSSED THAT WITH THE WITNESS.

# 4 MR. COCHRAN:

WE HAVE A HEARING ANYWAY BEFORE WE GET TO THAT POINT, DON'T WE?

# 5 MS. CLARK:

HE'S GOING TO HEAR THE TESTIMONY IN THE PRESENCE OF THE JURY.

# 6 THE COURT:

ALL RIGHT. MR. JONES, GOOD AFTERNOON. MY APOLOGIES TO YOU. WE HAD A SCHEDULING DIFFERENCE. COUNSEL HAVE ASKED TO HAVE THE REST OF THE AFTERNOON OFF TO ATTEND A FUNERAL. WHAT'S YOUR PLEASURE?

# 7 MR. JONES:

I RECEIVED THAT MESSAGE. THAT'S FINE. IF WE KEEP THE 4:00 O'CLOCK TIME, THEN ANY DAY IS OKAY. I'M JUST DOWN THE HALL IN TRIAL.

# 8 THE COURT:

GREAT. OKAY. TOMORROW 4:00 O'CLOCK?

# 9 MS. CLARK:

THAT'S FINE.

# 10 THE COURT:

ALL RIGHT. TOMORROW 4:00 O'CLOCK.

# 11 MR. JONES:

THANK YOU.

# 12 MR. COCHRAN:

YOUR HONOR, I WASN'T CLEAR. JUST AS A MATTER OF CLARIFICATION, THERE WILL STILL BE A HEARING BEFORE ANY STATEMENTS ELICITED REGARDING THE SUBJECT MATTER OF THE DREAMS?

# 13 THE COURT:

I INDICATED I WILL CONDUCT A 402 AND 403 INQUIRY DURING THE COURSE OF TESTIMONY.

# 14 MR. COCHRAN:

BEFORE WE GET TO THAT. I JUST WANTED TO MAKE SURE.

# 15 MR. DOUGLAS:

ARE YOU SAYING IN THE JURY'S PRESENCE?

# 16 THE COURT:

YES.

# 17 MR. DOUGLAS:

FOR THE RECORD, YOUR HONOR, I WOULD OBJECT AND I WOULD ASK THAT THAT HEARING BE HELD OUTSIDE THE JURY'S PRESENCE PRELIMINARILY BEFORE BECAUSE --

# 18 THE COURT:

WHAT'S YOUR OFFER?

# 19 MR. DOUGLAS:

I AM SORRY?

# 20 THE COURT:

WHAT'S YOUR OFFER BESIDES YOU CLAIM THIS NEVER HAPPENED?

KEY QUOTE

# 21 MR. DOUGLAS:

I HAVE A CONCERN, YOUR HONOR, AS TO THE RELEVANCE OF THE STATEMENT. I HAVE A CONCERN THAT THERE NEEDS TO BE THE EQUIVALENT OF A KELLY-FRYE HEARING AS TO THE SIGNIFICANCE, IF ANY, TO BE ATTACHED TO DREAMS AND I ALSO HAVE A 352 OBJECTION GENERALLY AS WELL AS MY 403 OBJECTIONS.

# 22 THE COURT:

WE'VE DEALT WITH THOSE.

# 23 MR. DOUGLAS:

VERY WELL.

# 24 THE COURT:

THANK YOU, COUNSEL. ALL RIGHT. LET'S HAVE THE JURORS, PLEASE.

# 25 MR. DARDEN:

SHOULD THE WITNESS TAKE THE STAND?

# 26 THE COURT:

YES.

Temperature

procedural

Key Quotes (3)

Lance A. Ito

COUNSEL HAVE ASKED TO HAVE THE REST OF THE AFTERNOON OFF TO ATTEND A FUNERAL. WHAT'S YOUR PLEASURE?

Illustrates the informal, accommodating tone Ito could take on scheduling matters.

Lance A. Ito

WHAT'S YOUR OFFER BESIDES YOU CLAIM THIS NEVER HAPPENED?

Sharp, pointed response to Douglas's objection — reveals Ito's skepticism of the defense's position on the dreams testimony.

Carl Douglas

I HAVE A CONCERN THAT THERE NEEDS TO BE THE EQUIVALENT OF A KELLY-FRYE HEARING AS TO THE SIGNIFICANCE, IF ANY, TO BE ATTACHED TO DREAMS

Defense argues dream testimony requires special foundational scrutiny, raising the unusual evidentiary question of whether dreams can be treated like scientific evidence.

Notable Exchanges (2)

Carl Douglas•Lance A. Ito

Douglas objects to the court conducting its evidentiary inquiry into 'dreams' testimony in front of the jury, raising relevance, Kelly-Frye, and 352/403 grounds. Ito dismisses each with 'We've dealt with those.'

terse

Lance A. Ito•Mr. Jones

Ito apologizes to the witness for the scheduling disruption and accommodates his schedule around a 4:00 PM constraint, noting Jones is 'just down the hall in trial.'

collegial

Light Moments (1)

Mr. Jones

Mr. Jones notes he is 'just down the hall in trial' — a casual reminder of the compressed world of the courthouse.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4536 • 26 utterances

Criminal Trial

Department 103