Jury return

📄 Jury return — Wednesday, February 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\22\JURY-RETURN.DOC

TRIAL

▲ Day 23 of 167

◀ Recess Cross-examination of Detective Tom Lange (afternoon, part 1) ▶

Date: Wednesday, February 22, 1995 • Utterances: 24

Before the jury was brought in, Marcia Clark flagged that sealed evidence boxes returned by the defense were not in the same condition as when sent, so she lacked a proper inventory. Judge Ito arranged for the items to be accepted by the clerk in sealed condition and inventoried at the noon recess, then called the jury in.

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

# 2 THE COURT:

ALL RIGHT. DEPUTY MAGNERA, LET'S HAVE THE JURORS, PLEASE.

# 3 MS. CLARK:

YOUR HONOR, I'M SORRY.

# 4 THE COURT:

YES. HOLD ON.

# 5 MS. CLARK:

YOUR HONOR, THE ITEMS THAT I WAS LOOKING FOR TO INTRODUCE INTO EVIDENCE WITH DETECTIVE LANGE HAVE BEEN RETURNED NOW. WHAT I WOULD LIKE TO DO WITH THE COURT'S PERMISSION IS TO OPEN THESE BOXES, DETERMINE WHERE THE ITEM IS THAT I WANTED TO INTRODUCE TO DETECTIVE LANGE ON THE RECORD BECAUSE THESE ITEMS DID NOT COME BACK TO US FROM THE DEFENSE IN THE SAME CONDITION THAT THEY WERE SENT TO THE DEFENSE BY US. SO I DON'T HAVE AN INVENTORY FOR EACH ENVELOPE AND BOX TO INDICATE WHAT'S INSIDE.

# 6 THE COURT:

UH-HUH. WELL, I WOULD PROPOSE THAT WE DO THAT THEN, THAT WE DO THE INSPECTION AT THE NOON HOUR SINCE IT APPEARS TO ME THAT MR. COCHRAN IS JUST GETTING WARMED UP.

# 7 MS. CLARK:

ALL THE MORE REASON TO DO IT NOW, YOUR HONOR.

# 8 MR. COCHRAN:

SHE'S TRYING TO BREAK MY RHYTHM, YOUR HONOR. I HAVEN'T EVEN STARTED YET.

KEY QUOTE

# 9 MS. CLARK:

BREAK HIS STRIDE. THAT'S FINE.

# 10 THE COURT:

I WON'T TOUCH THAT CERTAINLY. ALL RIGHT. HOW ABOUT IF WE DO THAT? WE CAN INVENTORY THE BOX ON THE RECORD AND IF -- YOU CAN INVENTORY THE BOX, AND IF NECESSARY, WE CAN PUT SOMETHING ON THE RECORD.

# 11 MS. CLARK:

OKAY. THANK YOU, YOUR HONOR. IN THAT CASE, THE --

# 12 THE COURT:

WHAT WE CAN DO IS, YOU CAN HAVE THE BOX -- HAVE THE COURIER GIVE THE BOX TO THE CLERK WHO WILL ACCEPT IT IN A SEALED CONDITION AND THEN COME BACK AT NOON AND WE'LL SEE WHAT'S THERE.

# 13 MS. CLARK:

THANK YOU. THAT WAY, HE DOESN'T HAVE TO STAY HERE.

# 14 THE COURT:

CORRECT.

# 15 MS. CLARK:

I APPRECIATE THAT. AND LET THE RECORD REFLECT THAT HE IS -- WOULD YOU IDENTIFY YOURSELF FOR THE RECORD, SIR?

# 16 MR. SALVINO:

INVESTIGATOR SALVINO, GENE SALVINO. THANK YOU.

# 17 THE COURT:

WOULD YOU GIVE THAT, PLEASE, TO MRS. ROBERTSON, AND SHE WILL MAINTAIN CUSTODY OF THE BOX. EXCUSE ME, COUNSEL. CAN WE HAVE IT QUIET? THE COURT REPORTER IS TRYING TO WRITE THIS DOWN.

# 18 MS. CLARK:

CAN WE DESCRIBE WHAT'S BEING HANDED OVER TO THE CLERK RIGHT NOW?

# 19 THE COURT:

APPEARS TO BE A SEALED BOX AND MANILA ENVELOPE, TWO MANILA ENVELOPES.

# 20 MS. CLARK:

ONE SMALLER WITH RED TAPE AND ONE LARGER WITH BLUE TAPE AND RED TAPE.

# 21 THE COURT:

YES. NOTED. THREE ITEMS.

# 22 MS. CLARK:

THANK YOU, YOUR HONOR.

# 23 THE COURT:

THANK YOU. ALL RIGHT. DEPUTY MAGNERA, LET'S HAVE THE JURY, PLEASE.

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

Temperature

procedural

Key Quotes (2)

Marcia Clark

THESE ITEMS DID NOT COME BACK TO US FROM THE DEFENSE IN THE SAME CONDITION THAT THEY WERE SENT TO THE DEFENSE BY US. SO I DON'T HAVE AN INVENTORY FOR EACH ENVELOPE AND BOX TO INDICATE WHAT'S INSIDE.

Clark raises a chain-of-custody concern about evidence returned by the defense, implying the packaging or organization had been altered.

Johnnie Cochran

SHE'S TRYING TO BREAK MY RHYTHM, YOUR HONOR. I HAVEN'T EVEN STARTED YET.

Cochran deflects Clark's procedural interruption with humor, signaling confidence about his upcoming examination.

Evidence (1)

Informal

Sealed box and two manila envelopes (one smaller with red tape, one larger with blue and red tape), containing items intended for introduction through Detective Lange

Transferred to court clerk in sealed condition pending noon inventory

Notable Exchanges (1)

Marcia Clark•Johnnie Cochran

Clark pushed to open the boxes immediately rather than wait until noon, quipping it was 'all the more reason' given Cochran was just getting started; Cochran accused her of trying to break his rhythm.

light/strategic

Light Moments (2)

Johnnie Cochran / Marcia Clark

Cochran claimed Clark was trying to break his rhythm, then corrected himself that he hadn't even started yet; Clark deadpanned 'Break his stride. That's fine.'

Lance A. Ito

Ito responded to the Clark-Cochran banter with 'I WON'T TOUCH THAT CERTAINLY.'

Objections

None recorded

Proceeding 4931 • 24 utterances

Criminal Trial

Department 103