Judge Ito questioned defense investigator William Pavelic under oath about materials related to alibi witness Rosa Lopez. Pavelic disclosed that he had conducted two interviews, had a tape recording of the first, and may have handwritten notes — none of which had been turned over. Ito ordered Pavelic to produce all notes and recordings by 9:00 AM the next morning.
# 1 THE COURT: ALL RIGHT. MR. SHULMAN, THANK YOU.
# 2 MS. CLARK: YOUR HONOR, ARE WE CONFINED TO THE STATEMENT AND NOTES OF ROSA LOPEZ?
# 3 THE COURT: WELL, THAT'S WHAT I'M MOST INTERESTED IN AT THIS POINT. LET'S JUST KEEP THE INQUIRY DOWN SPECIFICALLY TO WHAT OUR 1335 THAT WE'RE IN THE MIDST OF RIGHT NOW, AND WE CAN MOVE ON TO OTHER THINGS AT ANOTHER TIME. WE ONLY TRY TO DO 53 THINGS AT A TIME HERE.
# 5 THE COURT: ALL RIGHT. MR. PAVELIC, GOOD AFTERNOON, SIR. WOULD YOU COME FORWARD. MR. PAVELIC, MY UNDERSTANDING IS THAT YOU'VE BEEN THE INVESTIGATOR FOR THE DEFENSE FOR THE PAST SEVERAL MONTHS, CORRECT?
# 6 MR. PAVELIC: SINCE JUNE 14TH, YES, SIR.
# 7 THE COURT: ALL RIGHT. ARE YOU AWARE OF ANY STATEMENTS THAT HAVE BEEN MADE OR ANY REPORTS OR ANY NOTES REGARDING THIS WITNESS ROSA LOPEZ, OTHER THAN THE TWO STATEMENTS THAT HAVE BEEN TURNED OVER?
# 8 MR. PAVELIC: OTHER THAN THE TWO STATEMENTS, NO.
# 9 MS. CLARK: EXCUSE ME, YOUR HONOR. I WOULD ASK THESE STATEMENTS BE MADE UNDER OATH. HE'S NOT AN OFFICER OF THE COURT.
KEY QUOTE # 10 THE COURT: WELL, HE IS HERE MAKING REPRESENTATIONS TO ME. DO YOU HAVE A LICENSE AS A PRIVATE INVESTIGATOR?
# 11 MR. PAVELIC: I WORK UNDER A PRIVATE INVESTIGATOR'S LICENSE.
# 12 THE COURT: ALL RIGHT. THEN I'LL HAVE TO HAVE HIM PUT UNDER OATH THEN.
WILLIAM GEORGE PAVELIC, CALLED AS A WITNESS BY THE DEFENSE, WAS SWORN AND TESTIFIED AS FOLLOWS:
# 13 THE CLERK: RAISE YOUR RIGHT HAND, PLEASE. YOU DO SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD?
# 15 THE CLERK: PLEASE STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.
# 16 THE COURT: NO. YOU CAN STAY RIGHT THERE. MR. PAVELIC, YOU CAN JUST STAY RIGHT THERE.
# 17 MR. PAVELIC: WILLIAM GEORGE PAVELIC, P AS IN PAUL A-V AS IN VICTOR E-L-I-C AS IN CHARLES.
# 18 THE COURT: ALL RIGHT. WITH REGARDS TO THE WITNESS ROSA LOPEZ, MY UNDERSTANDING IS THAT YOU CONDUCTED TWO INTERVIEWS OF HER?
# 19 MR. PAVELIC: YES, SIR.
# 20 THE COURT: ALL RIGHT. AND WE NOW HAVE REPORTS THAT ARE DATED JULY 29TH AND WHAT IS IT, AUGUST THE 18TH?
# 21 MR. PAVELIC: THAT'S ABOUT RIGHT. YES, SIR.
# 22 THE COURT: ALL RIGHT. ARE THERE ANY OTHER NOTES WITH REGARDS TO INTERVIEWS OF ROSA LOPEZ?
# 23 MR. PAVELIC: WHEN YOU SAY NOTES, I'M NOT SURE WHAT YOU MEAN.
# 24 THE COURT: ANY ROUGH NOTES, ANYTHING YOU WROTE DOWN, ANYTHING HANDWRITTEN?
# 25 MR. PAVELIC: I MAY POSSIBLY HAVE SOME NOTES IN REGARDS TO THE STATEMENT I TOOK.
# 26 THE COURT: ALL RIGHT. DO YOU HAVE ANY TAPE-RECORDINGS OF ANY STATEMENTS?
# 27 MR. PAVELIC: I TAPE-RECORDED THE FIRST STATEMENT, WHICH WAS THE JULY STATEMENT.
KEY QUOTE # 28 THE COURT: ALL RIGHT. MR. PAVELIC, WHERE ARE THESE NOTES AND TAPE RECORDINGS?
# 29 MR. PAVELIC: I BELIEVE THAT IT'S EITHER IN THE OFFICE OR AT MY RESIDENCE.
# 30 THE COURT: ALL RIGHT. TOMORROW MORNING, I'M GOING TO ORDER YOU TO COME TO COURT WITH THOSE ITEMS.
# 31 MR. PAVELIC: I SHOULD DO MY BEST TO GET THOSE ITEMS.
# 32 THE COURT: ALL RIGHT. NO. DON'T DO YOUR BEST. HAVE THEM HERE TOMORROW.
KEY QUOTE # 33 MR. PAVELIC: I SHALL HAVE THEM HERE TOMORROW, YOUR HONOR.
# 34 THE COURT: THANK YOU.
# 35 MR. PAVELIC: YOU'RE WELCOME.
# 36 THE COURT: TOMORROW MORNING, 9:00 O'CLOCK. COUNSEL, WE WILL STAND IN RECESS. WE'LL TAKE THIS MATTER UP AT 9:00 O'CLOCK. ALL RIGHT. THANK YOU, ALL.
# 37 (AT 4:44 P.M., AN ADJOURNMENT WAS TAKEN UNTIL, TUESDAY, FEBRUARY, 1995, 9:00 A.M.)