Exhibits marked, witness excused

📄 Exhibits marked, witness excused — Wednesday, February 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\8\EXHIBITS-MARKED-WITNESS-EXCUSE.DOC

TRIAL

▲ Day 15 of 167

◀ Direct examination of Eva Stein Direct examination of Louis Karpf ▶

Date: Wednesday, February 8, 1995 • Utterances: 12

A witness was excused by Judge Ito with standard instructions not to discuss her testimony. The court then handled the marking of two photograph exhibits (People's 38-A and 38-B) as hard copy printouts with circled items, and F. Lee Bailey made a practical suggestion about labeling printouts with witness names for jury sorting purposes.

# 1 THE COURT:

MA'AM, THANK YOU VERY MUCH FOR COMING IN. PLEASE DON'T DISCUSS YOUR TESTIMONY WITH ANY OTHER PERSON UNTIL AFTER THE CASE IS OVER. HOWEVER, YOU MAY DISCUSS IT FURTHER WITH THE ATTORNEYS. ALL RIGHT?

# 2 THE WITNESS:

THANK YOU.

# 3 THE COURT:

THANK YOU VERY MUCH. ALL RIGHT. MISS CLARK, LET ME ASK YOU A QUICK QUESTION. ON THE TWO HARD COPY PRINTOUTS OF THE ITEMS THAT WERE CIRCLED, DO YOU HAVE ONE OR TWO?

# 4 MR. FAIRTLOUGH:

WE HAVE TWO.

# 5 THE COURT:

38-A WILL BE THE CROSS BY THE -- UP BY THE WINDOWS I BELIEVE AND THEN 38-B WILL BE THE CIRCLE DOWN BY THE END OF THE ALLEY.

KEY QUOTE

# 6 MS. CLARK:

THANK YOU, YOUR HONOR.

# 7 (PEO'S 38-A AND 38-B FOR ID = PHOTOGRAPHS)

# 8 THE COURT:

ALL RIGHT. MR. BAILEY, YOU HAVE A COMMENT ON THAT?

# 9 MR. BAILEY:

I DO, YOUR HONOR. I THINK THERE WILL BE QUITE A VOLUME OF THESE. I SUGGESTED TO MR. FAIRTLOUGH THAT WE MIGHT PUT THE NAME OF THE WITNESS WHO IS TESTIFYING WHEN THE PRINTOUT IS MADE FOR LATER SORTING OUT BY THE JURY.

# 10 THE COURT:

THAT'S A GOOD IDEA. THANK YOU.

# 11 MS. CLARK:

THANK YOU, COUNSEL. I'LL WRITE IT ON NOW.

# 12 THE COURT:

MR. CLARK, MR. DARDEN, YOUR NEXT WITNESS.

Temperature

routine

Key Quotes (2)

F. Lee Bailey

I SUGGESTED TO MR. FAIRTLOUGH THAT WE MIGHT PUT THE NAME OF THE WITNESS WHO IS TESTIFYING WHEN THE PRINTOUT IS MADE FOR LATER SORTING OUT BY THE JURY.

Rare moment of Bailey offering a cooperative, practical suggestion rather than adversarial maneuvering.

Lance A. Ito

38-A WILL BE THE CROSS BY THE -- UP BY THE WINDOWS I BELIEVE AND THEN 38-B WILL BE THE CIRCLE DOWN BY THE END OF THE ALLEY.

Identifies the geographic distinction between the two exhibits — one near windows, one near the alley end, likely relevant to the crime scene layout.

Evidence (2)

People's 38-A

Hard copy photograph printout with circle marking near windows

marked for identification

People's 38-B

Hard copy photograph printout with circle marking at end of alley

marked for identification

Notable Exchanges (1)

F. Lee Bailey•Lance A. Ito•Marcia Clark

Bailey suggested labeling photo printouts with witness names to help the jury sort them later; Ito and Clark both accepted the idea warmly.

collegial

Objections

None recorded

Proceeding 4702 • 12 utterances

Criminal Trial

Department 103