Opening procedures

📄 Opening procedures — Wednesday, February 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\22\OPENING-PROCEDURES.DOC

TRIAL

▲ Day 23 of 167

Date: Wednesday, February 22, 1995 • Utterances: 35

Pre-jury administrative session covering two matters: a prosecution motion to compel disclosure of defense experts' notes (previously ordered by the court), scheduled for hearing Wednesday; and a brief preview of a videotape Cochran intends to show Detective Lange, viewed by the court with Lange excused and Clark raising no objection. The session concluded with a reporter-excluded sidebar.

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

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

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

# 4 THE COURT:

ALL RIGHT. BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS AGAIN PRESENT BEFORE THE COURT WITH HIS COUNSEL, MR. SHAPIRO, MR. COCHRAN, MR. DOUGLAS, MR. BAILEY. THE PEOPLE ARE REPRESENTED BY MISS CLARK, MR. DARDEN AND MISS LEWIS. GOOD MORNING, COUNSEL.

# 5 MS. LEWIS:

GOOD MORNING, YOUR HONOR.

# 6 THE COURT:

ANYTHING WE NEED TO TAKE UP BEFORE WE INVITE THE JURORS IN? MR. COCHRAN? MS. LEWIS?

# 7 MS. LEWIS:

GOOD MORNING, YOUR HONOR. JUST BRIEFLY, YESTERDAY I FILED A MOTION TO COMPEL DISCOVERY ON BEHALF OF THE PEOPLE MOTION TO COMPEL EXPERTS NOTES AND SO FORTH, WHICH IN THE COURT'S WRITTEN RULING OF JANUARY 29 HAD ORDERED THE DEFENSE TO DISCLOSE IMMEDIATELY. I UNDERSTAND THAT THAT WAS SHORT NOTICE; HOWEVER, BECAUSE THESE ARE MATERIALS WHICH WERE PREVIOUSLY ORDERED BY THIS COURT TO BE DISCLOSED, I DON'T THINK THE NORMAL TEN-DAY PERIOD IS APPROPRIATE. SO WHAT IS THE COURT'S PLEASURE IN TERMS OF WHEN WE SHOULD CALENDAR THIS?

# 8 THE COURT:

ALL RIGHT. MR. DOUGLAS, WHEN DO YOU THINK YOU WILL BE AVAILABLE OR ABLE TO ADDRESS THIS MATTER?

# 9 MR. DOUGLAS:

YOUR HONOR, THE MOTION WAS FAXED TO DEAN UELMEN YESTERDAY. HE ASKED THAT WE -- THAT HE BE GIVEN UNTIL TUESDAY TO RESPOND. I WOULD ASK TO HAVE THE MATTER HEARD ON WEDNESDAY, WHICH IS LESS THAN THE TEN DAY'S NOTICE. I DO NOT THINK THAT THE MATERIALS UNDER THIS MOTION ARE PART OF THE COURT'S EARLIER DISCOVERY ORDER. I THINK, AS THE COURT WILL RECALL, WE MENTIONED THIS PARTICULAR PROBLEM AND THE NEED TO RESOLVE IT AND SO NOW IS A GOOD TIME AS ANY I THINK.

# 10 THE COURT:

MISS LEWIS, ARE YOU GOING TO BE AVAILABLE WEDNESDAY?

# 11 MS. LEWIS:

CERTAINLY, YOUR HONOR.

# 12 THE COURT:

ALL RIGHT. WEDNESDAY 9:00 A.M. THANK YOU, COUNSEL. ALL RIGHT. MISS CLARK, ANYTHING ELSE BEFORE WE INVITE THE JURORS TO COME IN?

# 13 MS. CLARK:

I'M SORRY, YOUR HONOR. JUST THAT BEFORE -- BEFORE ANY VIDEOTAPES ARE SHOWN TO DETECTIVE LANGE, WE WANT AN OPPORTUNITY TO BE HEARD OUTSIDE THE PRESENCE OF THE JURY. SO WHEN WE GET TO THAT POINT, I WOULD APPRECIATE IF COUNSEL WOULD LET US KNOW.

# 14 MR. COCHRAN:

YOUR HONOR, THIS ONE PART, I DON'T HAVE ALL OF IT YET, AND I WILL DO THAT REGARDING ANYTHING ELSE THAT WE RECEIVE, BUT MR. HARRIS CAN SHOW THE COURT THIS ONE PART. IT IS VERY, VERY SHORT.

# 15 THE COURT:

ALL RIGHT. DO YOU ANTICIPATE USING THAT THIS MORNING?

# 16 MR. COCHRAN:

NO, YOUR HONOR. THERE IS SO MUCH, I -- I DOUBT IT, BUT I WOULD LIKE FOR YOU TO LOOK AT IT. IT IS GOING TO TAKE TWO MINUTES. CAN DETECTIVE LANGE STEP OUT, YOUR HONOR?

# 17 THE COURT:

SURE.

# 18 (DETECTIVE LANGE EXITED THE COURTROOM.)

# 19 MR. COCHRAN:

I DOUBT IT THIS MORNING, BUT I WOULD LIKE YOU JUST TO LOOK AT IT.

# 20 THE COURT:

ALL RIGHT. MR. HARRIS, GOOD MORNING. DO YOU WANT TO RUN THIS FOR US, PLEASE.

# 21 MR. HARRIS:

YES, YOUR HONOR.

# 22 THE COURT:

ARE THERE ANY VICTIMS?

KEY QUOTE

# 23 MR. HARRIS:

NO.

# 24 THE COURT:

ALL RIGHT.

# 25 (AT 9:15 A.M., A VIDEOTAPE, WAS PLAYED.)

# 26 MR. COCHRAN:

I THINK THAT IS IT, YOUR HONOR.

# 27 THE COURT:

ALL RIGHT. MISS CLARK, DO YOU HAVE ANY OBJECTION?

# 28 MS. CLARK:

MAY I HAVE A MOMENT, YOUR HONOR?

# 29 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 30 MS. CLARK:

IS THAT IT?

# 31 MR. COCHRAN:

THAT IS IT FOR NOW, MISS CLARK, AND IF THERE IS OTHERS THAT COME IN, I WILL LET YOU KNOW BEFORE I EVER SHOW IT.

# 32 MS. CLARK:

OKAY.

# 33 THE COURT:

ANY OBJECTION?

# 34 MS. CLARK:

NO OBJECTION.

# 35 THE COURT:

ALL RIGHT: ALL RIGHT. ANYTHING ELSE? ALL RIGHT. I WOULD LIKE TO SPEAK TO COUNSEL AT THE SIDE BAR WITHOUT THE REPORTER, PLEASE.

Temperature

procedural

Key Quotes (3)

Cheri Lewis

BECAUSE THESE ARE MATERIALS WHICH WERE PREVIOUSLY ORDERED BY THIS COURT TO BE DISCLOSED, I DON'T THINK THE NORMAL TEN-DAY PERIOD IS APPROPRIATE.

Prosecution arguing the defense is flouting an existing court order, not just slow-walking normal discovery.

Lance A. Ito

ARE THERE ANY VICTIMS?

Judge's question before viewing the videotape signals concern about graphic content — the answer 'no' cleared it for immediate viewing.

Johnnie Cochran

IF THERE IS OTHERS THAT COME IN, I WILL LET YOU KNOW BEFORE I EVER SHOW IT.

Cochran committing on the record to give prosecution advance notice of any additional videotape evidence before use with Detective Lange.

Evidence (1)

Informal

Short videotape previewed for the court, related to upcoming examination of Detective Lange; contents not described on record

played for court outside jury presence, no objection from prosecution

Notable Exchanges (2)

Johnnie Cochran•Marcia Clark

Cochran previewed a videotape for the court with Lange excused; Clark huddled off-record with co-counsel before raising no objection and receiving Cochran's commitment to pre-notify on any future tapes.

strategic

Cheri Lewis•Carl Douglas

Lewis pushed for expedited hearing on motion to compel experts' notes; Douglas countered that the materials aren't covered by the prior order and requested Wednesday, which the court granted.

procedural

Witness Demeanor

(DETECTIVE LANGE EXITED THE COURTROOM.)

Objections

None recorded

Proceeding 4912 • 35 utterances

Criminal Trial

Department 103