Session opening

📄 Session opening — Wednesday, February 1, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\1\SESSION-OPENING.DOC

TRIAL

▲ Day 10 of 167

◀ Motion: conflict of interest waiver Motion: defendant statement admissibility ▶

Date: Wednesday, February 1, 1995 • Utterances: 5

Judge Ito opens the session by placing the matter on the record, identifying all counsel present, and noting a preliminary matter to resolve before calling the next prosecution witness. The issue concerns an objection to the content of a statement, with the judge indicating he has reviewed the Estes case (82 Cal.App.3d 509) and a memorandum filed by the prosecution.

# 1 (JANET M. MOXHAM, CSR NO. 4855, OFFICIAL REPORTER.)

# 2 (CHRISTINE M. OLSON, CSR NO. 2378, OFFICIAL REPORTER.)

# 3 (PAGES 12650 THROUGH 12653, VOLUME 79A, TRANSCRIBED AND SEALED UNDER SEPARATE COVER.)

# 4 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

# 5 THE COURT:

GOOD MORNING, COUNSEL. BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS AGAIN PRESENT BEFORE THE COURT WITH HIS COUNSEL, MR. SHAPIRO, MR. COCHRAN, MR. DOUGLAS, MR. BAILEY. THE PEOPLE ARE REPRESENTED BY MISS CLARK AND MR. GOLDBERG. AND WE HAD A PRELIMINARY MATTER TO SETTLE BEFORE CALLING THE NEXT PEOPLE'S WITNESS IN THE NATURE OF AN OBJECTION REGARDING CERTAIN CONTENT OF THE STATEMENT. WE ARE NOW JOINED BY MR. DARDEN. GOOD MORNING, COUNSEL. ALL RIGHT. MR. DOUGLAS, I HAVE REVIEWED THE ESTES CASE, 82 CAL.APP.3D 509, ESTES, E-S-T-E-S, AND I HAVE ALSO REVIEWED THE MEMORANDUM OF POINTS AND AUTHORITIES FILED THIS MORNING BY THE PROSECUTION AND SPECIFICALLY BY MISS LEWIS.

Temperature

procedural

Key Quotes (2)

Lance A. Ito

WE HAD A PRELIMINARY MATTER TO SETTLE BEFORE CALLING THE NEXT PEOPLE'S WITNESS IN THE NATURE OF AN OBJECTION REGARDING CERTAIN CONTENT OF THE STATEMENT.

Signals a contested evidentiary issue about an unspecified statement that must be resolved outside the jury's presence before testimony continues.

Lance A. Ito

I HAVE REVIEWED THE ESTES CASE, 82 CAL.APP.3D 509... AND I HAVE ALSO REVIEWED THE MEMORANDUM OF POINTS AND AUTHORITIES FILED THIS MORNING BY THE PROSECUTION AND SPECIFICALLY BY MISS LEWIS.

Shows the court came prepared with legal research, indicating the objection raises a substantive legal question rather than a routine evidentiary dispute.

Notable Exchanges (1)

Lance A. Ito•Counsel

Judge opens by placing all parties on the record and flagging the preliminary dispute over statement content, referencing both case law and a prosecution brief filed the same morning.

procedural

Objections

None recorded

Proceeding 4478 • 5 utterances

Criminal Trial

Department 103