Videotape resolution

📄 Videotape resolution — Wednesday, February 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\22\VIDEOTAPE-RESOLUTION.DOC

TRIAL

▲ Day 23 of 167

◀ Sidebar (3) Cross-examination of Detective Tom Lange (afternoon, part 8) ▶

Date: Wednesday, February 22, 1995 • Utterances: 38

Judge Ito arranges to take home a copy of an already-admitted videotape exhibit to review overnight, and sets a 9:00 AM deadline for defense to provide the edited excerpts they plan to present. The prosecution requests disclosure of the videotape's camera operator for potential witness examination, and the judge orders defense to identify the photographer by the next morning.

# 1 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL.

# 2 MR. COCHRAN:

I'LL GET A COPY FOR YOU AND A COPY FOR --

# 3 THE COURT:

IF POSSIBLE, I WOULD LIKE TO SEE THE TAPE IN ITS ENTIRETY SO I CAN TAKE IT HOME TONIGHT AND WATCH IT.

# 4 MR. BLASIER:

YOUR HONOR, THIS TAPE WE WERE WATCHING IS ALREADY A MARKED EXHIBIT. IT'S EXHIBIT NO. 2. IT WAS PLAYED ON JANUARY 23RD. WE HAVE ANOTHER COPY THAT WE CAN TAKE WITH US TONIGHT. SO YOU CAN HAVE THIS ONE.

# 5 THE COURT:

ALL RIGHT. IT'S MY COPY TO BEGIN WITH, COURT'S EXHIBIT.

KEY QUOTE

# 6 MR. COCHRAN:

DO YOU HAVE IT ALREADY?

# 7 THE COURT:

I'LL TAKE IT HOME.

# 8 MR. COCHRAN:

THAT'S FINE. WOULD YOU LIKE A COPY OF THE VERSION WE ARE NOW WITH YOUR PERMISSION EDITING DOWN FOR 9:00 ALSO?

# 9 THE COURT:

WELL, I THINK THAT OUR AGREEMENT IS THAT TOMORROW MORNING AT 9:00 O'CLOCK, YOU'LL FILE WITH THE COURT AND THE PROSECUTION THE EXCERPTS THAT YOU INTEND ON PRESENTING. AND I THINK THAT WILL JUST MAKE FOR A CLEANER PRESENTATION IN ANY EVENT.

# 10 MR. COCHRAN:

FINE. OKAY.

# 11 MS. CLARK:

YOUR HONOR, WE WOULD LIKE TO REQUEST THAT THE IDENTITY OF THE CAMERAMAN WHO SHOT THIS FILM, THIS FOOTAGE --

# 12 THE COURT:

CAMERA PERSON.

# 13 MS. CLARK:

-- CAMERA PERSON WHO SHOT THIS FOOTAGE BE DIVULGED TO US FOR THE PURPOSE OF CALLING HIM TO THE WITNESS STAND.

# 14 THE COURT:

OR HER.

# 15 MS. CLARK:

POSSIBLY. OR HER.

# 16 THE COURT:

YOU NEVER KNOW THESE DAYS.

# 17 MS. CLARK:

NO. I DON'T. AND IT DOESN'T MATTER TO ME. THAT'S WHY -- IT'S JUST A WORD, YOUR HONOR.

# 18 THE COURT:

I JUST THINK YOU'RE TRYING TO LURE ME INTO SOME PROBLEM HERE.

KEY QUOTE

# 19 MS. CLARK:

WE WOULD LIKE TO HAVE THE IDENTITY OF THE CAMERAMAN.

# 20 THE COURT:

AS A MATTER OF DISCOVERY, I THINK THEY'RE ENTITLED TO KNOW WHO IS THE SOURCE OF THE VIDEOTAPE.

# 21 MS. CLARK:

CAN COUNSEL PLEASE TELL US? THEY'VE GOT TO KNOW NOW.

# 22 THE COURT:

LET ME ASK, MR. BLASIER, DO YOU HAVE THE IDENTITY OF THE VIDEO PHOTOGRAPHER?

# 23 MR. BLASIER:

I DO NOT PERSONALLY, YOUR HONOR. AND I'M NOT SURE THAT WE KNOW THAT. THESE ARE CLIPS THAT WE GOT AND I'M NOT SURE EXACTLY WHAT THE SOURCE IS. WE'LL TELL THEM ANYTHING WE KNOW.

KEY QUOTE

# 24 MS. CLARK:

DID THIS MAGICALLY APPEAR ON THEIR DOORSTEP?

KEY QUOTE

# 25 THE COURT:

WELL, MISS CLARK, IT HASN'T BEEN PRESENTED TO THE JURY YET. MR. BLASIER, OVER THE EVENING HOURS, WOULD YOU MAKE YOUR BEST EFFORTS TO FIND OUT WHO THIS IS BECAUSE I THINK THE PROSECUTION IS ENTITLED DURING ANY REDIRECT OR POSSIBLY EVEN CALLING THAT PHOTOGRAPHER AS A WITNESS IN THEIR CASE IN CHIEF TO EXPLAIN WHAT IT IS THAT'S THERE AND WHAT THE TIMER MEANS AND ALL THE OTHER THINGS. THEY'RE ENTITLED TO KNOW WHO TOOK THESE.

# 26 MR. BLASIER:

I'LL TRY TO TRACK IT DOWN.

# 27 THE COURT:

ALL RIGHT. THAT'S SOMETHING I WOULD LIKE TO HAVE RESOLVED TOMORROW MORNING AT 9:00. ALL RIGHT. THANK YOU, COUNSEL. ALL RIGHT. LET'S RESUME WITH THE JURY, PLEASE.

# 28 MS. CLARK:

IS THERE A -- I AM SORRY. I COULDN'T HEAR, YOUR HONOR. IS THERE A TIME THAT WAS GIVEN BY WHICH WE WOULD GET THAT INFORMATION?

# 29 THE COURT:

NO. I INDICATED TO YOU I THINK YOU'RE ENTITLED TO KNOW WHO THE PHOTOGRAPHER IS AND YOU ARE ENTITLED TO POTENTIALLY INTERVIEW THAT PERSON AND/OR CALL THAT PERSON AS A WITNESS --

# 30 MS. CLARK:

RIGHT.

# 31 THE COURT:

-- IN YOUR CASE IN CHIEF. I AGREE.

# 32 MS. CLARK:

THANK YOU.

# 33 THE COURT:

AND I TOLD MR. BLASIER TO MAKE HIS BEST EFFORTS AND HAVE THAT INFORMATION FOR ME BY 9:00 O'CLOCK TOMORROW MORNING.

# 34 MS. CLARK:

OH, GREAT.

# 35 THE COURT:

AND I WOULD ASSUME THAT WE'LL BE ABLE TO FIND THAT OUT BY TOMORROW MORNING.

# 36 MS. CLARK:

I DIDN'T HEAR THE DEADLINE. THAT'S WHAT I WAS -- THANK YOU, YOUR HONOR.

# 37 THE COURT:

WELL, SOMETIMES I DON'T MAKE MYSELF CLEAR. STILL WITH US?

# 38 THE WITNESS:

YES, YOUR HONOR.

Temperature

procedural

Key Quotes (4)

Lance A. Ito

IT'S MY COPY TO BEGIN WITH, COURT'S EXHIBIT.

Ito asserting control over admitted evidence — matter-of-fact and slightly dry.

Marcia Clark

DID THIS MAGICALLY APPEAR ON THEIR DOORSTEP?

Clark expressing skepticism about the defense's claimed ignorance of the videotape's source.

Lance A. Ito

I JUST THINK YOU'RE TRYING TO LURE ME INTO SOME PROBLEM HERE.

Ito joking about the 'cameraman/camera person' gender-neutral correction exchange — one of the lighter moments in the trial.

Robert Blasier

I DO NOT PERSONALLY, YOUR HONOR. AND I'M NOT SURE THAT WE KNOW THAT. THESE ARE CLIPS THAT WE GOT AND I'M NOT SURE EXACTLY WHAT THE SOURCE IS.

Defense admitting uncertainty about the provenance of their own exhibit, which concerned the court.

Evidence (1)

Exhibit No. 2

Videotape played on January 23rd; defense was editing excerpts for presentation

discussed, copy provided to judge for overnight review

Notable Exchanges (2)

Lance A. Ito•Marcia Clark

Ito repeatedly corrects Clark's use of 'cameraman' with 'camera person' and 'or her,' leading to a brief joking exchange about the judge trying to trap himself.

light

Marcia Clark•Robert Blasier•Lance A. Ito

Clark presses for identity of the videotape's camera operator; Blasier admits he doesn't know the source; Ito orders Blasier to find out by 9 AM.

strategic

Light Moments (2)

Lance A. Ito

Ito corrects Clark's 'cameraman' to 'camera person' and 'or her,' then quips 'YOU NEVER KNOW THESE DAYS,' followed by 'I JUST THINK YOU'RE TRYING TO LURE ME INTO SOME PROBLEM HERE' when Clark persists.

Lance A. Ito

Ito self-deprecatingly acknowledges 'SOMETIMES I DON'T MAKE MYSELF CLEAR' after Clark says she missed the deadline he had just stated.

Objections

None recorded

Proceeding 4976 • 38 utterances

Criminal Trial

Department 103