Sidebar: evidence packaging

📄 Sidebar: evidence packaging — Friday, February 17, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\17\SIDEBAR-EVIDENCE-PACKAGING.DOC

TRIAL

▲ Day 21 of 167

◀ Direct examination of Tom Lange (part 2) Juror called to bench ▶

Date: Friday, February 17, 1995 • Utterances: 9

At the bench, Barry Scheck objects to blood evidence being stored in sealed plastic bags, arguing this violates LAPD's own regulations and degrades DNA — framing it as emblematic of the broader evidence mishandling in the case. Cochran separately raises a concern that Marcia Clark has been handling the gloves carelessly at counsel table, and Clark acknowledges she turned them inside out.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 2 MR. SCHECK:

I HAVE ONE MATTER BEFORE THAT WE NEED TO BRING TO YOUR ATTENTION. THAT IS, I DID NOT KNOW YOU WERE GOING TO PUT IT IN A PLASTIC BAG. YOU SHOULD NOT PUT THIS IN A PLASTIC BAG. YOUR OWN REGULATIONS SAY YOU SHOULD NEVER PUT EVIDENCE WITH BLOOD IN A SEALED PLASTIC BAG. IT DEGRADES THE DNA. FRANKLY, MISS CLARK, THAT IS ONE OF THE MAJOR PROBLEMS WITH THE EVIDENCE IN THIS CASE, THAT THAT WAS DONE IN THE FIRST PLACE. SO I WOULD OBJECT ON THE GROUNDS THAT THAT IS GOING TO RUIN THE EVIDENCE. I WOULD REQUEST THAT THE ITEMS BE TAKEN OUT OF THE PLASTIC BAGS, BE PUT BACK IN THE BAGS WITH THE ORIGINAL PACKAGING. I DON'T KNOW WHETHER YOU WANT TO DO THAT IN FRONT OF THE JURY OR NOT BECAUSE I KNOW THERE'S OTHER CONSIDERATIONS WITH THE JUROR, BUT I WOULD MAKE THAT REQUEST IN TERMS OF PRESERVING THE CHAIN AND THE INTEGRITY OF THE EVIDENCE.

# 3 THE COURT:

THANK YOU, MR. SCHECK. I'VE BEEN TOLD THAT MYSELF. WHY DON'T YOU TALK TO MR. CLARK WHO IS HERE AND SEE IF YOU AGREE WITH THAT. BUT I WOULD LIKE TO GET THE JURY OUT OF HERE. LET ME HAVE NO. 98 COME OVER AND TALK TO HER ABOUT HER PERSONAL PROBLEM.

# 4 MS. CLARK:

MR. SCHECK, I HAVE NO OBJECTION --

# 5 MR. COCHRAN:

THIS IS SOMETHING MARCIA SHOULD KNOW ALSO. YOU KNOW, THIS IS ONE COUNSEL TO ANOTHER. THOSE GLOVES, I'M NOT SURE -- SHE THREW THE GLOVES DOWN ON HER SIDE OF THE TABLE. SHE WILL BE STILL WORKING OVER THERE FOR THE REST OF THE CASE.

# 6 MS. CLARK:

I TURNED THEM INSIDE OUT.

KEY QUOTE

# 7 THE COURT:

WELL --

# 8 MR. COCHRAN:

MARCIA, IT'S --

# 9 THE COURT:

BE CAUTIOUS WITH THAT STUFF. I AM GOING TO ASK 98 TO STEP OVER HERE FOR A MOMENT.

Temperature

tense

Key Quotes (3)

Barry Scheck

YOUR OWN REGULATIONS SAY YOU SHOULD NEVER PUT EVIDENCE WITH BLOOD IN A SEALED PLASTIC BAG. IT DEGRADES THE DNA. FRANKLY, MISS CLARK, THAT IS ONE OF THE MAJOR PROBLEMS WITH THE EVIDENCE IN THIS CASE, THAT THAT WAS DONE IN THE FIRST PLACE.

Scheck ties the immediate packaging issue to the defense's broader narrative of systemic LAPD evidence mishandling and DNA degradation.

Marcia Clark

I TURNED THEM INSIDE OUT.

A striking admission — Clark casually acknowledges mishandling the gloves, turning them inside out during proceedings.

Johnnie Cochran

THOSE GLOVES, I'M NOT SURE -- SHE THREW THE GLOVES DOWN ON HER SIDE OF THE TABLE. SHE WILL BE STILL WORKING OVER THERE FOR THE REST OF THE CASE.

Cochran flags that Clark's ongoing careless handling of the gloves could compromise the evidence for the remainder of trial.

Evidence (2)

Informal

Blood evidence stored in sealed plastic bags

challenged — Scheck requests items be returned to original packaging

Informal

The gloves (Rockingham and Bundy)

discussed — Cochran objects to Clark's handling; Clark admits turning them inside out

Notable Exchanges (2)

Barry Scheck•Marcia Clark

Scheck demands blood evidence be removed from plastic bags and returned to original packaging, citing LAPD's own regulations and DNA degradation risk.

strategic

Johnnie Cochran•Marcia Clark

Cochran raises that Clark threw the gloves on her side of the table and turned them inside out; Clark confirms this matter-of-factly.

revealing

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 4901 • 9 utterances

Criminal Trial

Department 103