Lunch recess

📄 Lunch recess — Tuesday, February 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\21\LUNCH-RECESS.DOC

TRIAL

▲ Day 22 of 167

◀ Direct examination of Det. Tom Lange (part 3) Direct examination of Det. Tom Lange (part 4) ▶

Date: Tuesday, February 21, 1995 • Utterances: 48

During the lunch recess, counsel met out of the jury's presence to address a logistics problem: four key physical evidence items (a ring, OJ's Reeboks, the Rockingham glove, and a time menu) had been sent out for defense examination and were not yet returned to court. Judge Ito resolved the impasse pragmatically — use photographs for now, instruct the jury the physical items are en route, and continue the trial.

# 1 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

# 2 (AT 12:05 P.M., THE NOON RECESS WAS TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)

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

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

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

# 6 THE COURT:

ALL RIGHT. GOOD AFTERNOON, COUNSEL. ALL RIGHT. HAVE WE MISS CLARK, MR. BLASIER, HAVE WE RESOLVED ANY OF THE DISPUTES?

# 7 MS. CLARK:

UNFORTUNATELY NOT, YOUR HONOR. APPARENTLY THE VERY PROBLEM THAT WAS BROUGHT TO THE COURT'S ATTENTION ON FRIDAY WITH RESPECT TO THE LATE REQUEST FOR THE NON-BIOLOGICAL EVIDENCE, WHICH I REALLY HAVE A HARD TIME UNDERSTANDING, GIVEN THE FACT THAT THEY WERE AVAILABLE FOR SEVEN MONTHS OR MORE, HAS NOW PUT US IN THE POSITION OF NOT HAVING THE ITEMS PHYSICALLY IN COURT ON THE DAY THAT I NEED TO INTRODUCE THEM WITH THE WITNESS, AND THEY WILL NOT BE BACK.

# 8 THE COURT:

ALL RIGHT. SPECIFICALLY WHAT ITEM ARE WE TALKING ABOUT?

# 9 MS. CLARK:

WE ARE TALKING ABOUT THE RING, ITEM NO. 18 -- THE RING, ITEM NO. 40, DEFENDANT'S SHOES, ITEM NO. 18.

# 10 THE COURT:

WHICH SHOES ARE THESE? REEBOKS?

# 11 MS. CLARK:

YES. ITEM NO. 9, THE ROCKINGHAM GLOVE, AND ITEM NO. 46, THE TIME MENU.

# 12 THE COURT:

UH-HUH.

# 13 MS. CLARK:

AND LOGICALLY WE ARE COMING TO A POINT IN THE TESTIMONY WHEN ALL OF THESE THINGS WOULD BE ENTERED INTO EVIDENCE.

# 14 THE COURT:

ARE YOU ENTERING THE MENU INTO EVIDENCE?

# 15 MS. CLARK:

THAT IS A POSSIBILITY; HOWEVER, I AM PRECLUDED FROM MAKING THAT CHOICE BECAUSE IT IS NOT HERE, NOR IS THE RING, WHICH I DO NEED -- I DO NEED AND WILL NEED VERY, VERY SOON. I UNDERSTAND THAT WE ARE NOT --

# 16 THE COURT:

ALL RIGHT. THESE FOUR ITEMS?

# 17 MS. CLARK:

YEAH.

# 18 THE COURT:

ALL RIGHT. LET ME HEAR WHAT MR. BLASIER AND MR. SCHECK HAVE TO SAY.

# 19 MR. BLASIER:

YES, YOUR HONOR. IT IS MY UNDERSTANDING THAT THESE ARE THE ITEMS THAT WE LOOKED AT PROBABLY FIRST AND THEY WERE READY TO COME BACK FIRST. WE HAD EVERYTHING READY TO COME BACK BECAUSE WE WANTED TO GET IT BACK IN TIME. AND I THINK IT IS JUST A MATTER OF MULTIPLE COURIERS BEING USED AND I'M NOT SURE WHAT ORDER THEY DECIDED TO BRING THESE THINGS BACK IN, BUT WE WERE DONE WITH THIS STAGE OF OUR PROCESS ON MONDAY.

# 20 THE COURT:

ALL RIGHT. WHEN WILL THESE THINGS BE BACK, MR. BLASIER?

# 21 MR. BLASIER:

THEY SHOULD BE ON THEIR WAY NOW. WE RETURNED THEM BACK TO THE COURIERS YESTERDAY, MY UNDERSTANDING.

# 22 MR. YOCHELSON:

MY UNDERSTANDING THAT THESE ARE GOING TO BE DUE BACK TONIGHT, YOUR HONOR, WITH THE LATEST SHIPMENT. I DON'T KNOW HOW THE COURIERS DECIDED TO PARCEL THIS OUT. IT WAS MY UNDERSTANDING THAT WHATEVER WAS AVAILABLE FIRST, THEY PUT ON IT THE PLANE AND BROUGHT IT BACK, SO I'M NOT SURE THESE THINGS WERE AVAILABLE. EVERYBODY WAS CERTAINLY AWARE THAT WE NEEDED THESE THINGS AND IT IS OUR POINT, ONE, THIS SHOULD HAVE BEEN LOOKED AT, COULD HAVE BEEN LOOKED AT SIX MONTHS AGO. WE WANTED TO ADVISE --

# 23 THE COURT:

WELL, WITHOUT THAT COMMENT, WHICH HAS NOW BEEN MADE TODAY FOUR TIMES, MY ISSUE -- MY QUESTION IS WHEN IS IT GOING TO BE BACK TODAY.

# 24 MR. YOCHELSON:

WE ARE TOLD THAT IT IS DUE BACK TONIGHT EARLY THIS MORNING.

# 25 THE COURT:

IN THE MEANTIME WE HAVE PHOTOGRAPHS OF ALL THESE ITEMS, CORRECT?

# 26 MS. CLARK:

WELL, YOUR HONOR, THAT DOESN'T ADDRESS -- THAT DOESN'T ADDRESS THE PROBLEM. WE HAVE PHOTOGRAPHS OF EVERYTHING, OF COURSE, BUT WHY PUT IN THE PHYSICAL ITEMS OF EVIDENCE AT ALL?

# 27 THE COURT:

WELL, RIGHT NOW ALL YOU NEED TO DO IS SAY, "DETECTIVE, IS THIS A PHOTOGRAPH OF THE RING?" "YES, IT IS."

# 28 MS. CLARK:

I KNOW THAT.

# 29 THE COURT:

THEN YOU ASK ME TO INSTRUCT THE JURORS THAT WHEN THAT ITEM IS PHYSICALLY AVAILABLE, I WILL TELL THEM IT IS PRESENTLY SOMEPLACE ELSE, NOT IN THE COURTROOM, AND IT WILL BE PRESENTED TO THEM WHEN IT IS HERE, UNLESS YOU WANT TO SUGGEST WE JUST STOP THE TRIAL AT THIS POINT?

# 30 MS. CLARK:

NOT PARTICULARLY, NO.

# 31 THE COURT:

SO WHAT IS THE ALTERNATIVE? RIGHT.

# 32 MR. YOCHELSON:

I THINK --

# 33 THE COURT:

NOW, IF YOU HAVE AN ALTERNATIVE TO STOPPING THE TRIAL, TELL ME WHAT IT IS.

# 34 MS. CLARK:

IF I HAD ONE, I CERTAINLY WOULD, YOUR HONOR.

KEY QUOTE

# 35 THE COURT:

OKAY.

# 36 MS. CLARK:

WOULDN'T KEEP IT A SECRET.

# 37 THE COURT:

ALL RIGHT.

# 38 MR. YOCHELSON:

I THINK WE SIMPLY WANTED TO MAKE THE COURT AWARE OF THE PROBLEMS HERE BECAUSE THIS IS SOMETHING THAT COULD REOCCUR. I UNDERSTAND THERE ARE SOME OTHER ITEMS THAT ARE GOING TO HAVE TO BE EXAMINED AND WE WILL BE VEHEMENTLY OBJECTING AT THAT TIME TO THESE ITEMS LEAVING LOS ANGELES, AND HOPEFULLY WE CAN WORK OUT AN ALTERNATIVE TO WHAT WE WENT THROUGH THIS WEEKEND.

# 39 THE COURT:

OKAY.

# 40 MR. YOCHELSON:

BECAUSE THIS IS WHAT WE TALKED ABOUT AND THIS IS HAPPENING.

# 41 MR. SCHECK:

IF THAT IS THE PURPOSE OF THE COMMENT, LET ME JUST NOTE THAT THE COURT HAD SUGGESTED AN INVENTORY WITH EACH BOX AND THERE WAS NO INVENTORY PREPARED OUTSIDE OF THE BOX. WE FINISHED WITH THESE ITEMS FIRST BECAUSE WE KNEW EXACTLY WHAT WAS GOING TO HAPPEN IN TERMS OF THEM COMING BACK. OUR PEOPLE HAD NO DEALINGS WITH THE COURIERS FROM THE DISTRICT ATTORNEY'S OFFICE. MR. RAQUEL WAS WATCHING THE ENTIRE PROCESS. IT IS REALLY THEIR RESPONSIBILITY TO BRING IT BACK, AND IF THEY DIDN'T DO IT WITH THE FIRST COURIER, KNOWING WHAT WAS COMING NEXT, I DON'T REALLY THINK IT IS FAIR TO SAY THAT THAT IS SOMEHOW OUR FAULT.

# 42 THE COURT:

WELL, COUNSEL, I'M NOT ASSIGNING FAULT TO ANYBODY OVER ANYTHING AT THIS POINT. THE ISSUE FOR THE COURT IS CAN WE PROCEED --

KEY QUOTE

# 43 MR. SCHECK:

I UNDERSTAND, YES.

# 44 THE COURT:

-- WITH THE TRIAL, WITH THE JURY? THE ANSWER TO THAT QUESTION IS YES, WE CAN, SO WE WILL. THANK YOU.

# 45 MR. YOCHELSON:

THANK YOU, YOUR HONOR.

# 46 THE COURT:

ALL RIGHT. BACK ON THE RECORD THEN IN THE SIMPSON MATTER, IF I HAVEN'T ALREADY SAID THAT. ALL COUNSEL ARE PRESENT. DEPUTY MAGNERA, LET'S HAVE THE JURY, PLEASE.

# 47 (BRIEF PAUSE.)

# 48 THE COURT:

AND DETECTIVE LANGE, DO YOU WANT TO RETAKE THE WITNESS STAND, PLEASE.

Temperature

procedural

Key Quotes (4)

Marcia Clark

WELL, YOUR HONOR, THAT DOESN'T ADDRESS THE PROBLEM. WE HAVE PHOTOGRAPHS OF EVERYTHING, OF COURSE, BUT WHY PUT IN THE PHYSICAL ITEMS OF EVIDENCE AT ALL?

Clark's frustration reveals the core tension: photographs are a workaround, not a substitute, and she fears undermining the impact of the physical evidence.

Lance A. Ito

UNLESS YOU WANT TO SUGGEST WE JUST STOP THE TRIAL AT THIS POINT?

Ito cuts through the blame game with characteristic bluntness — the only alternatives are proceed or stop, and he's not stopping.

Marcia Clark

IF I HAD ONE, I CERTAINLY WOULD, YOUR HONOR. WOULDN'T KEEP IT A SECRET.

A rare moment of dry wit from Clark, signaling resigned acceptance of the judge's solution.

Lance A. Ito

WELL, COUNSEL, I'M NOT ASSIGNING FAULT TO ANYBODY OVER ANYTHING AT THIS POINT. THE ISSUE FOR THE COURT IS CAN WE PROCEED WITH THE TRIAL, WITH THE JURY? THE ANSWER TO THAT QUESTION IS YES, WE CAN, SO WE WILL.

Ito's ruling in miniature — decisive, brief, and entirely focused on keeping the trial moving.

Evidence (4)

Item No. 40

A ring

delayed return from defense examination, discussed

Item No. 18

Defendant's Reebok shoes

delayed return from defense examination, discussed

Item No. 9

The Rockingham glove

delayed return from defense examination, discussed

Item No. 46

A time/restaurant menu

delayed return from defense examination, discussed; introduction into evidence described as a possibility

Notable Exchanges (3)

Marcia Clark•Lance A. Ito

Clark complains that photographs are an inadequate substitute for physical evidence; Ito overrides her objection by pointing out that photographs plus a jury instruction is the only viable path short of stopping the trial.

tense but controlled

Alan Yochelson•Lance A. Ito

Yochelson repeats the prosecution's complaint that items could have been examined six months earlier; Ito cuts him off, noting the comment has been made four times already and he only wants to know when the items will return.

impatient

Barry Scheck•Lance A. Ito

Scheck defends the defense team's handling of the evidence return, noting the prosecution's own couriers were responsible for the shipping order and that an inventory was never prepared as the court had suggested.

defensive/strategic

Light Moments (1)

Marcia Clark

When Ito asks if she has an alternative to stopping the trial, Clark deadpans: 'If I had one, I certainly would, your honor. Wouldn't keep it a secret.'

Objections

None recorded

Proceeding 4910 • 48 utterances

Criminal Trial

Department 103