Exhibit marking

📄 Exhibit marking — Tuesday, February 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\21\EXHIBIT-MARKING.DOC

TRIAL

▲ Day 22 of 167

◀ Recess Direct examination of Det. Tom Lange (part 7) ▶

Date: Tuesday, February 21, 1995 • Utterances: 22

Before the jury returned, the prosecution asked to formally mark a phone bill used with two witnesses as a trial exhibit. The parties discussed which exhibit number applied, whether to use the full record or just one page, and raised privacy concerns about phone numbers on the document being exposed to the public.

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

# 2 THE COURT:

BACK ON THE RECORD IN THE SIMPSON MATTER. ALL PARTIES ARE PRESENT. DEPUTY MAGNERA, LET'S HAVE THE JURORS, PLEASE.

# 3 MS. CLARK:

YOUR HONOR, BEFORE THEY COME BACK, I WAS GOING TO ASK THE COURT -- I MEANT TO TALK TO COUNSEL ABOUT THIS. I NEED TO MARK THE PHONE BILL THAT THE -- THAT THIS WITNESS IDENTIFIED AND -- THAT IDENTIFIED THE PHONE CALL HE MADE THERE. THIS PHONE BILL WAS ALSO USED WITH DETECTIVE PHILLIPS. I KNOW THAT COUNSEL HAS INDICATED THAT THAT PHONE NUMBER HAS CHANGED.

# 4 THE COURT:

I THOUGHT WE HAD MARKED THAT PREVIOUSLY.

# 5 MS. CLARK:

RIGHT. BUT THE ENTIRE PHONE RECORD ISN'T. I THOUGHT JUST THAT ONE CALL.

# 6 THE COURT:

ALL RIGHT. ARE BOTH CALLS ON THE CHART? NO. ALL RIGHT. THEN THE ENTIRE PHONE RECORD -- WHAT WAS THE PHONE -- THE CHART, MRS. ROBERTSON?

# 7 MR. COCHRAN:

YOUR HONOR, THERE'S PROBABLY PHONE NUMBERS ON IT THAT I WOULD LIKE NOT TO HAVE TO BE EXPOSED.

KEY QUOTE

# 8 THE COURT:

ALL RIGHT. WELL, WHAT WE'LL DO AT THIS POINT IS, WE'LL JUST USE THAT ONE PAGE.

# 9 THE CLERK:

65.

# 10 THE COURT:

ALL RIGHT. LET'S MAKE THIS 65-A.

# 11 MS. CLARK:

YOUR HONOR, I WAS INDICATING TO COUNSEL THAT THERE MAY BE PHONE NUMBERS ON THERE THAT SHOULD BE BLOCKED OUT BEFORE THIS EXHIBIT IS GIVEN TO THE JURY AND --

# 12 THE COURT:

WELL, I'M NOT SO WORRIED ABOUT GIVING IT TO THE JURY THAN RELEASING IT TO THE PUBLIC.

KEY QUOTE

# 13 MR. COCHRAN:

THE PUBLIC.

# 14 MS. CLARK:

AND THAT'S EXACTLY -- AS WELL. SO BEFORE THAT HAPPENS, COUNSEL AND I NEED TO SIT DOWN AND FIGURE OUT --

# 15 THE COURT:

ALL RIGHT. BUT FOR IDENTIFICATION PURPOSES, THE FULL LIST -- FULL PHONE BILL WILL BE 65-A.

# 16 MS. CLARK:

67-A?

# 17 MR. DOUGLAS:

65 IS THE CELLULAR PHONE.

# 18 MS. CLARK:

YES. 65 IS THE CELLULAR PHONE.

# 19 MR. DOUGLAS:

67-A.

# 20 THE COURT:

ALL RIGHT. 67-A. ALL RIGHT.

# 21 (PEO'S 67-A FOR ID = ONE-PAGE PHONE BILL)

# 22 THE COURT:

ANYTHING ELSE, MISS CLARK? MISS CLARK, ANYTHING ELSE? THAT'S IT?

Temperature

routine

Key Quotes (2)

Lance A. Ito

WELL, I'M NOT SO WORRIED ABOUT GIVING IT TO THE JURY THAN RELEASING IT TO THE PUBLIC.

Ito flags the public release concern before Clark even finishes raising it, showing the court is already thinking about privacy implications.

Johnnie Cochran

YOUR HONOR, THERE'S PROBABLY PHONE NUMBERS ON IT THAT I WOULD LIKE NOT TO HAVE TO BE EXPOSED.

Defense raises privacy concern about third-party phone numbers appearing in a public exhibit.

Evidence (1)

People's 67-A

One-page phone bill used to identify a phone call made by a witness, also referenced during Detective Phillips's testimony

marked for identification

Notable Exchanges (1)

Marcia Clark•Lance A. Ito•Johnnie Cochran

Brief negotiation over whether to admit the full phone bill or just one page, resolving to admit one page (67-A for ID) while flagging that phone numbers should be redacted before public release.

procedural

Objections

None recorded

Proceeding 4948 • 22 utterances

Criminal Trial

Department 103