Back on record

📄 Back on record — Monday, February 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\6\BACK-ON-RECORD.DOC

TRIAL

▲ Day 13 of 167

◀ Session adjournment Sidebar: 1101(B) incidents ▶

Date: Monday, February 6, 1995 • Utterances: 25

Judge Ito opens court outside the jury's presence to handle three administrative items: incoming correspondence on the DNA issue requiring a defense response, a stipulation on the Roy Firestone videotape's foundation, and Cochran's on-the-record notation that he just received two videos from Darden — including the 'infamous long lost recital video' from June 12, 1994. No witnesses or jury were involved.

# 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. GOOD MORNING, COUNSEL. ALL RIGHT. BACK ON THE RECORD IN THE SIMPSON MATTER. THE RECORD SHOULD REFLECT THE DEFENDANT IS AGAIN PRESENT BEFORE THE COURT WITH COUNSEL, MR. SHAPIRO, MR. COCHRAN, MR. DOUGLAS, MR. BAILEY. THE PEOPLE ARE REPRESENTED BY MISS CLARK, MR. DARDEN, MR. GORDON. THE JURY IS NOT PRESENT. COUNSEL, I HAVE JUST RECEIVED A LETTER DATED FEBRUARY THE 6TH. IS MR. BLAISER STILL HERE.

# 5 MR. BLAISER:

YES, YOUR HONOR.

# 6 THE COURT:

ON THE DNA ISSUE, WHICH I HAVE NOT HAD THE OPPORTUNITY TO READ YET, AND I ALSO RECEIVED A FAX FROM THE DEFENSE REGARDING THE SAME SUBJECT. AND COUNSEL, I WILL -- I TAKE IT, MR. BLAISER, YOU WANTED TO FILE SOME RESPONSIVE LETTER?

# 7 MR. BLAISER:

YES, YOUR HONOR. THERE IS ADDITIONAL ARGUMENT IN THAT LETTER AND WE WOULD LIKE TO RESPOND TO THAT AND I WILL TRY TO DO THAT BY THE END OF BUSINESS TODAY OR TOMORROW AT THE LATEST.

# 8 THE COURT:

ALL RIGHT. THANK YOU.

# 9 MR. BLAISER:

THANK YOU.

# 10 THE COURT:

ALL RIGHT. ALSO THE ISSUE OF THE ROY FIRESTONE VIDEOTAPE. DID COUNSEL HAVE THE OPPORTUNITY TO DISCUSS THE MATTER WITH REPRESENTATIVES OF THAT TELEVISION PROGRAM?

# 11 MR. COCHRAN:

YES. GOOD MORNING, YOUR HONOR.

# 12 THE COURT:

GOOD MORNING, MR. COCHRAN.

# 13 MR. COCHRAN:

I HAD AN OPPORTUNITY TO DISCUSS THE MATTER WITH THE REPRESENTATIVES OF THE ROY FIRESTONE SHOW AND WITH REGARD TO THE FOUNDATIONAL QUESTIONS THAT I HAD, I HAVE BEEN SATISFIED WITH REGARD TO THAT AND I HAVE SHARED THAT WITH MR. DARDEN. THAT DOES NOT AT ALL ALLEVIATE THE OTHER PROBLEM I FEEL, A 352 RELEVANCE OR WHATEVER, BUT AT LEAST REGARDING THE FOUNDATION, I HAD MY QUESTIONS ANSWERED.

# 14 THE COURT:

ALL RIGHT. ARE YOU WILLING TO STIPULATE THEN TO THE FOUNDATION, AT LEAST AS TO THE AUTHENTICITY, DATE AND TIME OF THAT INTERVIEW?

# 15 MR. COCHRAN:

WE WILL SO STIPULATE, YES, YOUR HONOR, BUT NOT TO THE OTHER ISSUES.

# 16 THE COURT:

NOT WAIVING ANY OF YOUR OTHER OBJECTIONS.

# 17 MR. COCHRAN:

THAT'S CORRECT, YOUR HONOR.

# 18 THE COURT:

IS THAT STIPULATION ACCEPTABLE TO THE PEOPLE?

# 19 MS. CLARK:

I DIDN'T HEAR THE LANGUAGE.

# 20 THE COURT:

STIPULATE TO THE AUTHENTICITY, DATE AND TIME OF THE INTERVIEW?

# 21 MS. CLARK:

AND WHAT ABOUT THE IDENTITY OF THE PARTIES DEPICTED IN THE VIDEO?

KEY QUOTE

# 22 MR. COCHRAN:

YOUR HONOR, YOU HEARD THE STIPULATION. THAT IS ALL I CARE TO SAY. YOUR HONOR, IN ADDITION TO THAT, I SHOULD POINT OUT THAT I WAS PROVIDED WITH A COPY OF THAT VIDEO BY MR. DARDEN TODAY AND ALSO A COPY OF THE INFAMOUS LONG LOST RECITAL VIDEO FROM -- THAT WAS TAKEN JUNE 12, 1994, SOMETIME AFTER 6:30. MR. DARDEN HAS APPARENTLY GIVEN ME A COPY OF THAT THIS MORNING. I HAVE NOT SEEN IT. I WANTED THE RECORD TO REFLECT THAT.

# 23 THE COURT:

ALL RIGHT. NOTED. THANK YOU, COUNSEL. ALL RIGHT. COUNSEL, ANYTHING ELSE WE NEED TO TAKE UP BEFORE WE INVITE THE JURY TOP JOIN US?

# 24 MR. COCHRAN:

I WOULD LIKE TO APPROACH WITH THE REPORTER ON ONE OTHER MATTER, YOUR HONOR.

# 25 THE COURT:

ALL RIGHT. WITH THE REPORTER, PLEASE.

Temperature

procedural

Key Quotes (3)

Johnnie Cochran

ALSO A COPY OF THE INFAMOUS LONG LOST RECITAL VIDEO FROM -- THAT WAS TAKEN JUNE 12, 1994, SOMETIME AFTER 6:30. MR. DARDEN HAS APPARENTLY GIVEN ME A COPY OF THAT THIS MORNING. I HAVE NOT SEEN IT. I WANTED THE RECORD TO REFLECT THAT.

Cochran puts on the record that he only just received the June 12 recital video — the night of the murders — creating a paper trail for any future dispute about late disclosure.

Johnnie Cochran

THAT DOES NOT AT ALL ALLEVIATE THE OTHER PROBLEM I FEEL, A 352 RELEVANCE OR WHATEVER, BUT AT LEAST REGARDING THE FOUNDATION, I HAD MY QUESTIONS ANSWERED.

Cochran stipulates to authenticity of the Firestone tape while preserving his relevance/prejudice objections under Evidence Code 352.

Marcia Clark

AND WHAT ABOUT THE IDENTITY OF THE PARTIES DEPICTED IN THE VIDEO?

Clark attempts to expand the stipulation beyond what Cochran offered, but Cochran declines to go further.

Evidence (3)

Informal

Roy Firestone videotaped interview with OJ Simpson

Foundation stipulated to (authenticity, date, time) by defense; other objections preserved

Informal

Recital video taken June 12, 1994 after 6:30 PM — the night of the murders

Disclosed to defense by Darden; Cochran places receipt on the record

Informal

Letter dated February 6 regarding DNA issue, plus defense fax on same subject

Received by court; defense to file response by end of day or next day

Notable Exchanges (1)

Johnnie Cochran•Marcia Clark

Clark tries to expand the Firestone tape stipulation to include identity of parties depicted; Cochran declines, stating the record speaks for itself.

strategic

Objections

None recorded

Proceeding 4638 • 25 utterances

Criminal Trial

Department 103