Readiness for conditional examination

📄 Readiness for conditional examination — Monday, February 27, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\27\READINESS-FOR-CONDITIONAL-EXAM.DOC

TRIAL

▲ Day 26 of 167

◀ Recess: videotape equipment setup Sidebar: interpreter and camera setup ▶

Date: Monday, February 27, 1995 • Utterances: 7

Judge Ito opens a conditional examination hearing under Penal Code 1335, noting he is sitting as a magistrate. He checks readiness of all parties — Shulman, Furth, and Cochran — before Cochran immediately requests a sidebar.

# 1 THE COURT:

ALL RIGHT. BACK ON THE RECORD IN THE SIMPSON MATTER. THE RECORD SHOULD REFLECT THAT WE ARE ABOUT TO CONDUCT A CONDITIONAL EXAMINATION PURSUANT TO 1335 OF THE PENAL CODE AND THAT THE COURT WILL BE SITTING IN THIS MATTER AS A MAGISTRATE. ALL RIGHT. MR. SHULMAN ARE YOU READY?

# 2 MR. SHULMAN:

YES.

# 3 THE COURT:

MR. FURTH, ARE YOU READY?

# 4 (NODS HEAD UP AND DOWN.)

# 5 THE COURT:

MR. COCHRAN, ARE YOU READY?

# 6 MR. COCHRAN:

YES. MAY WE APPROACH FOR A MOMENT?

KEY QUOTE

# 7 THE COURT:

YES.

Temperature

procedural

Key Quotes (2)

Lance A. Ito

THE COURT WILL BE SITTING IN THIS MATTER AS A MAGISTRATE.

Establishes the procedural posture — a conditional examination under PC 1335, used to preserve testimony from a witness who may be unavailable at trial.

Johnnie Cochran

YES. MAY WE APPROACH FOR A MOMENT?

Cochran signals an immediate issue before proceedings can begin, hinting at unresolved matters.

Notable Exchanges (1)

Lance A. Ito•Johnnie Cochran

Cochran confirms readiness but immediately requests to approach the bench, suggesting a pre-examination dispute or concern to raise privately.

strategic

Light Moments (1)

Mr. Furth

Mr. Furth responds to the readiness check with a nod rather than words — recorded parenthetically as stage direction.

Witness Demeanor

(NODS HEAD UP AND DOWN.)

Objections

None recorded

Proceeding 4968 • 7 utterances

Criminal Trial

Department 103