Discovery matters

📄 Discovery matters — Thursday, February 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\23\DISCOVERY-MATTERS.DOC

TRIAL

▲ Day 24 of 167

◀ Jury instructions Court reporters identified ▶

Date: Thursday, February 23, 1995 • Utterances: 13

A brief post-session administrative hearing with the jury absent. Counsel coordinated a 12:00 noon appointment the next day for an expert (Mr. Morton) to examine large photographs, and Marcia Clark distributed sealed sets of 24 FBI photographs taken by Doug Deedrick to both prosecution and defense.

# 1 THE COURT:

ALL RIGHT. COUNSEL, THE JURORS HAVE LEFT. WHAT'S ON OUR AGENDA NOW? WE HAVE SOME DISCOVERY MATTERS TO CLEAR UP.

# 2 MS. CLARK:

WE ARE GOING TO SEE IF MR. HODGMAN HASN'T LEFT. MR. BAILEY HIS GRACIOUSLY AGREED TO ADDRESS THE MATTER TOMORROW MORNING. WE ARE ATTEMPTING TO ASCERTAIN THAT RIGHT NOW.

# 3 THE COURT:

I NOTICE WE HAVE COUNSEL FOR OTHER PARTIES HERE AS WELL.

# 4 MS. CLARK:

I AM SORRY?

# 5 THE COURT:

I THINK MR. SACHS IS HERE, COUNSEL FOR MISS RANDA IS HERE.

# 6 MR. SCHECK:

YOUR HONOR, I HAD SPOKEN TO MR. HODGMAN AND TO MISS ROBERTSON, AND I JUST WANTED TO MAKE SURE THAT YOU KNEW THAT 12:00 O'CLOCK TOMORROW IN THE COURTROOM, WE HAD MADE ARRANGEMENTS FOR MR. MORTON TO LOOK AT THOSE BIG PHOTOGRAPHS.

# 7 THE COURT:

ALL RIGHT.

# 8 MR. SCHECK:

AND SHE HAS SAID SHE WOULD BE HERE AND I JUST WANT TO MAKE SURE YOU DIDN'T HAVE ANY OTHER PLANS.

# 9 THE COURT:

THAT'S FINE.

# 10 MS. CLARK:

YES, YOUR HONOR. I HAVE HERE FROM DOUG DEEDRICK OF THE FBI -- I SENT TWO SETS OF PHOTOGRAPHS THAT HE TOOK, 24 PHOTOGRAPHS PREPARED FROM THE EVIDENCE SUBMITTED IN OUR CASE. AND I'M HANDING THE DEFENSE THEIR COPY AND I HAVE MY COPY. THEY'RE BOTH SEALED. I HAVEN'T OPENED EITHER ONE.

KEY QUOTE

# 11 THE COURT:

ALL RIGHT. PERHAPS, MR. SCHECK, IF YOU WANT, BEFORE YOU LEAVE, YOU AND MISS CLARK CAN MAKE A COMPARISON TO MAKE SURE YOU EACH HAVE A COMPLETE SET. ANYTHING ELSE WE NEED TO DEAL WITH? I SEE MR. SACHS.

# 12 MR. SACHS:

WE'LL BE DEALING WITH YOUR CLERK.

# 13 THE COURT:

GREAT. ALWAYS SCARES ME TO SEE NEW LAWYERS. ANYTHING ELSE? THEN WE'LL STAND IN RECESS UNTIL TOMORROW MORNING, 9:00 O'CLOCK. THANK YOU, COUNSEL.

KEY QUOTE

Temperature

routine

Key Quotes (2)

Marcia Clark

I HAVE HERE FROM DOUG DEEDRICK OF THE FBI -- I SENT TWO SETS OF PHOTOGRAPHS THAT HE TOOK, 24 PHOTOGRAPHS PREPARED FROM THE EVIDENCE SUBMITTED IN OUR CASE. AND I'M HANDING THE DEFENSE THEIR COPY AND I HAVE MY COPY. THEY'RE BOTH SEALED. I HAVEN'T OPENED EITHER ONE.

Documents formal discovery handoff of FBI photographic evidence, with Clark noting the sealed condition to establish chain of custody integrity.

Lance A. Ito

ALWAYS SCARES ME TO SEE NEW LAWYERS.

Rare moment of judicial levity upon noticing unfamiliar counsel in the courtroom.

Evidence (2)

Informal

24 FBI photographs taken by Doug Deedrick, prepared from evidence submitted in the case, distributed in sealed sets to prosecution and defense

disclosed/distributed as discovery

Informal

Large photographs scheduled for examination by Mr. Morton at noon the next day

scheduled for expert review

Notable Exchanges (1)

Barry Scheck•Lance A. Ito

Scheck confirmed a noon appointment had been arranged for defense expert Mr. Morton to examine large photographs, and sought the judge's assurance that no other plans conflicted.

procedural

Light Moments (1)

Lance A. Ito

Judge remarks 'ALWAYS SCARES ME TO SEE NEW LAWYERS' upon noticing unfamiliar counsel Mr. Sachs in the courtroom.

Objections

None recorded

Proceeding 4957 • 13 utterances

Criminal Trial

Department 103