📄 Scene view preparation at Simpson residence — Sunday, February 12, 1995
Address:
C:\DEPT103\CRIMINAL\1995\FEB\12\SCENE-VIEW-PREPARATION-AT-SIMP.DOC
TRIAL
▲ Day 17 of 167

Scene view preparation at Simpson residence

Date: Sunday, February 12, 1995 • Utterances: 37
The court convened at 360 North Rockingham Avenue to prepare for a jury scene view of the Simpson residence. Marcia Clark raised multiple objections: that photos on the walls had been swapped since Simpson's arrest, that fires had been lit in the fireplaces against the court's prior instructions, and that the entire interior tour was unnecessary and prejudicial. Judge Ito questioned the housekeeper (Gigi) about which photos had been changed, then ruled that one photo be removed, the fires extinguished, and jurors instructed to disregard any photographs.
1 THE COURT:

WE'RE AT THE SIMPSON RESIDENCE, 360 NORTH ROCKINGHAM AVENUE, CITY OF LOS ANGELES, TO CONDUCT A SCENE VIEW. WE HAVE JUST FINISHED WITH THE ATTORNEYS DOING A WALK THROUGH AND PLACING THE SIGNS ON THE VARIOUS ROOMS POINTING OUT FOR THE JURY THE VARIOUS LOCATIONS. AND, MISS CLARK, YOU HAD SOME OBJECTIONS YOU WANTED TO MAKE?

2 MS. CLARK:

YES, YOUR HONOR. IF THE POINT IS TO HAVE THE JURY SEE THE HOUSE AS IT WAS AT THE RELEVANT TIME, THEN WE ARE NOT GOING TO SEE THAT. ALL OF THE PHOTOS ON THE WALLS HAVE CHANGED. THE PHOTOGRAPH IN THE FOYER OF THE DEFENDANT AND PAULA BARBIERI WAS NOT THERE AT ALL. THE MASTER BATHROOM HAS A LITTLE POSTER FROM THE CHILDREN THAT WAS NOT THERE AT THE TIME. THE PHOTOGRAPHS THAT ARE ON HIS BEDROOM NIGHTSTAND WERE NOT THERE AT THE TIME. THERE'S A LARGE FRAMED PICTURE THAT IS NOT A PHOTOGRAPH, A PICTURE THAT WAS NOT THERE AT THE TIME AT THE TOP OF THE STAIRCASE. AND ADDITIONALLY, FIREPLACES BEING LIT -- FIRES BEING LIT IN THE FIREPLACES, WHICH I THOUGHT THE COURT HAD EXPRESSLY INSTRUCTED THE DEFENSE NOT TO DO, I WOULD ASK THOSE BE EXTINGUISHED. THEY'RE NOT REPRESENTATIVE. I WOULD ASK THAT THE PHOTOGRAPHS -- THE CORRECT ONES ARE NOT PRESENT -- THAT THE PHOTOGRAPHS BE REMOVED AND THAT THE POSTER ON THE MASTER BATHROOM DOOR BE REMOVED. MAY I HAVE A MOMENT, YOUR HONOR?

3 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
4 MS. CLARK:

I WOULD LIKE TO ALSO RENEW OUR OBJECTION TO THE TOUR OF THE HOUSE. THERE IS NO RELEVANCE TO IT. THE ONLY RELEVANT INTERIOR PORTION THAT WE WILL HAVE IN TESTIMONY IS KATO'S ROOM, AND THE INTERIOR OF THE DEFENDANT'S HOUSE IS IRRELEVANT TO ANY ISSUE IN THIS CASE. THERE WAS NO ISSUE --

5 THE COURT:

SO YOU ARE GOING -- ARE THE PEOPLE BY THAT ARGUMENT NOT GOING TO OFFER THE SOCKS, ARE NOT GOING TO OFFER THE BLOOD DROPS INSIDE THE RESIDENCE? IF YOU ARE WITHDRAWING THAT EVIDENCE, THEN I'LL STRIKE THE SCENE VIEW.

KEY QUOTE
6 MS. CLARK:

I DON'T UNDERSTAND WHY PHOTOGRAPHS OF THE SOCKS FOUND AT THE FOOT OF THE BED IN THE MASTER BEDROOM NEED TO BE SUPPORTED BY AN ON-SCENE VIEWING BY THE JURY, WHY PHOTOGRAPHS CANNOT ADEQUATELY DEPICT WHAT YOU ARE ATTEMPTING TO SHOW. THERE'S ONLY ONE SMALL ASPECT OF TESTIMONY THAT EVEN GOES TO IT. WE HAVE PHOTOGRAPHS THAT ACCURATELY DOCUMENT IT. THERE'S NO DISTORTION OF THOSE PHOTOGRAPHS. THERE'S NOTHING THAT THE JURY CAN GAIN IN TERMS OF UNDERSTANDING THAT TESTIMONY BETTER BY SEEING THAT BEDROOM. THE BEDROOM ITSELF TOTALLY -- THE PHOTOGRAPHS ARE TOTALLY REPRESENTATIVE OF WHAT WAS SEEN THERE AND THE POSITION IN WHICH THE SOCKS WERE FOUND IS FULLY REPRESENTED BY PHOTOGRAPHS. THEY GAIN NOTHING BY WALKING INTO THE BEDROOM. THE SAME THING WITH THE DROPS IN THE FOYER. WE HAVE PHOTOGRAPHS THAT ACCURATELY DEPICT IT. THE REASON WE NEEDED THE VIEW AT BUNDY, AS THE COURT CAN SEE VERY WELL, IS THE WHOLE AREA IN WHICH RON GOLDMAN WAS FOUND WAS VERY SMALL THAT YOU COULDN'T APPRECIATE IN THE PHOTOGRAPHS. THE PHOTOGRAPHS WERE THEREFORE NOT SUFFICIENTLY REPRESENTATIVE OF THE SCENE, UNLIKE HERE. PHOTOGRAPHS THAT THE COURT HAS REFERRED TO ACCURATELY DEPICT EVERYTHING. THERE'S NOTHING TO BE GAINED BY THE JURY GOING INSIDE EXCEPT FOR WHAT THE DEFENSE WANTS TO DO, WHICH IS TWIST THEM TO SEE HOW WONDERFUL THIS DEFENDANT LIVED. THIS IS A SYMPATHY PLAY ON THEIR PART. THAT'S ALL IT IS. THERE'S NO EVIDENTIARY VALUE TO IT, NOTHING THAT THE PHOTOGRAPHS DON'T DEPICT.

7 THE COURT:

MR. COCHRAN. I AM CONCERNED WITH SOME OF THE PHOTOGRAPHS.

8 MR. COCHRAN:

FIRST, I WOULD LIKE TO SAY ONE THING. AS TO THE PHOTOGRAPHS, MR. DOUGLAS IS IN CHARGE OF THAT.

9 THE COURT:

YOU HAVE TO KEEP YOUR VOICE UP.

10 MR. COCHRAN:

I DON'T WANT TO RESPOND TO HER ARGUMENT. I JUST WANT TO SAY, WE JUST CAME FROM BUNDY. WE HAD NO OBJECTIONS. THIS IS PREPOSTEROUS. AS TO THE COURT'S SPECIFIC CONCERN, MR. DOUGLAS WILL RESPOND, AS TO THE PHOTOGRAPHS.

11 THE COURT:

MR. DOUGLAS.

12 MR. DOUGLAS:

YOUR HONOR, MR. SIMPSON TELLS ME THAT THE POSTER ON THE BATHROOM DOOR HAS ALWAYS BEEN THERE. I WAS NOT HERE ON JUNE THE 13TH. SO I AM UNABLE TO ADEQUATELY RESPOND SPECIFICALLY TO WHAT PICTURES WERE UP AND WHERE THEY WERE. I DON'T KNOW FOR A FACT. I THINK THAT IT'S VERY IMPORTANT THAT THE JURY BE ABLE TO SEE THE FAMILY ROOM AREA FOR ISSUES THAT WE DEALT WITH ON FRIDAY. CERTAINLY THERE WERE ARGUMENTS AND OBJECTIONS SIMILAR TO THOSE THAT ARE BEING RAISED NOW LODGED AT THAT POINT. THE COURT CONSIDERED BOTH ARGUMENTS OF COUNSEL AND THE COURT RULED THAT THE JURY VIEW WAS APPROPRIATE. I STILL THINK THE JURY VIEW IS APPROPRIATE. IF IN FACT THERE ARE SPECIFIC PICTURES TO WHICH THERE MAY BE SOME OBJECTION, I WILL LEAVE IT TO THE COURT'S DISCRETION. YOU WILL HAVE TO ASK FOR SPECIFIC --

13 MS. CLARK:

YOUR HONOR, I WAS HERE ON THE 13TH AND I KNOW --

14 MR. COCHRAN:

I WOULD NOT ASK MISS CLARK TO TELL YOU ANYTHING. GIGI, THE HOUSEKEEPER, SHE WOULD BE THE ONE TO TELL YOU. I HAVE NO OBJECTION TO YOUR HONOR TALKING TO HER.

KEY QUOTE
15 THE COURT:

ALL RIGHT. I AM ALSO CONCERNED ABOUT THE FIRE IN THE FIREPLACE. HEY, NICE HOMEY TOUCH, BUT NOT NECESSARY TODAY.

16 MR. COCHRAN:

I HAVE NO PROBLEM, YOUR HONOR. THEY CAN BE EXTINGUISHED.

17 MS. CLARK:

YOUR HONOR, I REALLY WANT TO RENEW THIS OBJECTION. THE FACT THAT THE JURORS WOULD LIKE TO SEE KATO KAELIN'S ROOM, THAT MAKES A LOT OF SENSE. THERE'S TESTIMONY AS TO THAT. THERE'S AN ISSUE AS TO THAT. THE SOUTH WALKWAY, I THINK THERE ARE ISSUES TO WHAT CAN BE SEEN FROM THERE. THAT CAN BE ADEQUATELY DEPICTED IN PHOTOGRAPHS. BUT TO GO INTO THE DEFENDANT'S HOUSE IS TOTALLY UNNECESSARY. IT HAS NO EVIDENTIARY VALUE TO ANY TESTIMONY THAT WE ARE GOING TO BE TAKING IN THE CASE. THERE IS NOTHING IN CONTENTION. THE DEFENSE IS NOT GOING TO BE TELLING THE JURY WE DIDN'T FIND THE SOCKS IN THE BEDROOM. THAT'S NOT GOING TO BE AN ISSUE. AND THE PHOTOGRAPHS DEPICTED COMPLETELY INSIDE THE HOUSE HAVE NO EVIDENTIARY VALUE IN THIS CASE, YOUR HONOR.

18 THE COURT:

LET ME ASK THE HOUSEKEEPER. CAN YOU TELL ME WITH SOME ACCURACY WHAT PHOTOGRAPHS HAVE BEEN PLACED IN THE RESIDENCE SINCE MR. SIMPSON'S ARREST?

19 THE HOUSEKEEPER:

WHAT PHOTOGRAPH?

20 THE COURT:

WHICH PHOTOGRAPHS HAVE BEEN -- WERE PLACED IN THE RESIDENCE AFTER MR. SIMPSON'S ARREST; FOR EXAMPLE, THE ONES BY HIS BED?

21 THE HOUSEKEEPER:

THERE'S SOME PICTURE ALREADY ON HIS BED BEFORE, YOU KNOW. THERE IS PICTURE THERE ON HIS BED.

22 THE COURT:

DO YOU KNOW WHAT THE PICTURES WERE?

23 THE HOUSEKEEPER:

JUST ADD HIS MOTHER PICTURE THERE.

24 THE COURT:

THAT'S THE ONLY ONE THAT'S BEEN ADDED?

25 THE HOUSEKEEPER:

YES. AND HIS MOTHER PICTURE, THE ONE IN THE BACK.

26 THE COURT:

OKAY. NO OTHER PICTURES HAVE BEEN ADDED TO THE BEDROOM?

27 THE HOUSEKEEPER:

NO.

28 MS. CLARK:

YOUR HONOR, WHY DON'T WE HAVE THE DETECTIVE WHO IS HERE --

29 MR. COCHRAN:

THE HOUSEKEEPER WOULD KNOW. GIGI IS NOT GOING TO MISREPRESENT ANYTHING.

30 MS. CLARK:

YOU ARE ASKING HER FOR SPECIFIC MEMORY OF SPECIFIC THINGS SHE WOULDN'T NECESSARILY PAY ATTENTION TO. SHE'S NOT A DETECTIVE. SHE'S A HOUSEKEEPER.

31 THE COURT:

OKAY. THANK YOU.

32 MS. CLARK:

I'M TALKING ABOUT THE WALLS AS WELL.

33 THE COURT:

THANK YOU. I UNDERSTAND THAT. I'M GOING TO DIRECT THAT THE PICTURE OF THE DEFENDANT AND HIS MOTHER BE REMOVED DURING THE COURSE OF THE JURY VIEW. I AM GOING TO DIRECT THAT THE FIRES BE EXTINGUISHED. I'M GOING TO INSTRUCT THE JURORS TO IGNORE ANY PHOTOGRAPHS THAT THEY SEE. ANYTHING ELSE BEFORE WE GET STARTED?

34 MS. CLARK:

THE PEOPLE'S OBJECTION STANDS.

35 THE COURT:

NOTED.

36 MR. DARDEN:

WHAT ABOUT THE STATUTE?

37 THE COURT:

THE STATUE IS NOW WHERE IT WAS. IT'S OUT OF THE GARAGE.

Temperature

procedural

Key Quotes (4)

Marcia Clark
THE DEFENSE WANTS TO DO, WHICH IS TWIST THEM TO SEE HOW WONDERFUL THIS DEFENDANT LIVED. THIS IS A SYMPATHY PLAY ON THEIR PART. THAT'S ALL IT IS. THERE'S NO EVIDENTIARY VALUE TO IT, NOTHING THAT THE PHOTOGRAPHS DON'T DEPICT.
Clark's core argument against the interior tour — that it was staged to generate jury sympathy rather than illuminate any genuine factual dispute.
Lance A. Ito
SO YOU ARE GOING -- ARE THE PEOPLE BY THAT ARGUMENT NOT GOING TO OFFER THE SOCKS, ARE NOT GOING TO OFFER THE BLOOD DROPS INSIDE THE RESIDENCE? IF YOU ARE WITHDRAWING THAT EVIDENCE, THEN I'LL STRIKE THE SCENE VIEW.
Ito cuts through Clark's objection by linking the jury view directly to evidence the prosecution itself intends to introduce, forcing her to choose.
Lance A. Ito
HEY, NICE HOMEY TOUCH, BUT NOT NECESSARY TODAY.
The judge's dry comment about the fires lit in the fireplaces — implicitly acknowledging the defense's staging while ordering it undone.
Johnnie Cochran
I WOULD NOT ASK MISS CLARK TO TELL YOU ANYTHING. GIGI, THE HOUSEKEEPER, SHE WOULD BE THE ONE TO TELL YOU. I HAVE NO OBJECTION TO YOUR HONOR TALKING TO HER.
Cochran deflects Clark's offer to testify about the photos by redirecting to the housekeeper — a tactical move that avoids a direct clash while undermining Clark's credibility on the point.

Evidence (4)

Informal
Socks found at the foot of the bed in the master bedroom
Discussed as basis for jury view; Clark argued photographs were sufficient
Informal
Blood drops in the foyer and inside the residence
Discussed as basis for jury view; Ito used them to counter Clark's objection to the interior tour
Informal
Photographs of the interior of the Simpson residence (walls, bedroom, foyer)
Clark argued existing crime scene photos were fully representative and made the physical view redundant
Informal
A statue/sculpture, previously in the garage, now returned to its original location
Darden flagged it; Ito confirmed its placement was corrected

Notable Exchanges (3)

Marcia ClarkLance A. Ito
Clark renewed objection to the entire interior tour; Ito pivoted by asking whether the prosecution was withdrawing the socks and blood drop evidence — effectively silencing the objection without ruling on its merits.
strategic
Lance A. ItoThe Housekeeper
Ito questioned Gigi the housekeeper about which photos had been added to the residence since Simpson's arrest. She confirmed only a photo of his mother had been added to the nightstand.
procedural
Marcia ClarkJohnnie Cochran
When Clark volunteered to speak to what was in the house on June 13th, Cochran cut her off by suggesting the housekeeper was the proper authority — implicitly questioning Clark's reliability as a factual source.
tense

Light Moments (1)

Lance A. Ito
After ordering the fireplaces extinguished, Ito acknowledged the obvious staging with: 'HEY, NICE HOMEY TOUCH, BUT NOT NECESSARY TODAY.'

Credibility Attacks (1)

⚔ Marcia Clark
bias / role challenge
Cochran implicitly dismissed Clark's offer to describe the house's original condition, suggesting only Gigi the housekeeper could speak reliably to what was there — framing Clark as an adversarial rather than objective observer.

Objections

3 objections (1 sustained, 1 overruled)
Proceeding 4773 • 37 utterances
Criminal Trial
Department 103
⚖️ Start
📂 FEB 12, 1995 📄 Scene view preparation at Simp
FEB 12, 1995 KRT DvH TD