Next witness scheduled, recess

📄 Next witness scheduled, recess — Wednesday, February 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\8\NEXT-WITNESS-SCHEDULED-RECESS.DOC

TRIAL

▲ Day 15 of 167

◀ Redirect examination of Sukru Boztepe (part 2) Jury returns after recess ▶

Date: Wednesday, February 8, 1995 • Utterances: 14

Judge Ito asks Clark who her next witness is. Clark identifies Elsie Tistaert, an 85-year-old woman who called 911 after someone banged on her door that night, and asks the court to accommodate her age by letting her testify and go home the same day. The judge signals a problem, they sidebar off the record, and court recesses.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

# 2 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. BE SEATED. MISS CLARK, WHO IS YOUR NEXT WITNESS?

# 3 MS. CLARK:

ELSIE TISTAERT.

# 4 THE COURT:

SHE IS?

# 5 MS. CLARK:

SHE IS THE WOMAN WHOSE DOOR WAS BANGED ON WHO CALLED 911.

KEY QUOTE

# 6 THE COURT:

ABOUT BURGLARS?

# 7 MS. CLARK:

THAT'S RIGHT.

# 8 THE COURT:

GOT IT.

# 9 MS. CLARK:

I REALLY WOULD, IF I MAY, YOUR HONOR, ASK FOR THE COURT'S INDULGENCE. SHE'S 85 YEARS OLD. I WOULD LIKE TO BE ABLE TO LET HER TESTIFY AND GO HOME TODAY IF I COULD.

# 10 THE COURT:

WELL, WE'RE ONLY TAKING 15 MINUTES, BUT I NEED TO SHARE WITH YOU A PROBLEM.

# 11 MS. CLARK:

THAT'S WHAT I WAS AFRAID OF.

KEY QUOTE

# 12 THE COURT:

WHY DON'T YOU APPROACH.

# 13 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

# 14 (RECESS.)

Temperature

routine

Key Quotes (3)

Marcia Clark

SHE IS THE WOMAN WHOSE DOOR WAS BANGED ON WHO CALLED 911.

Identifies Tistaert's relevance — a neighborhood witness to suspicious activity near the crime scene.

Marcia Clark

SHE'S 85 YEARS OLD. I WOULD LIKE TO BE ABLE TO LET HER TESTIFY AND GO HOME TODAY IF I COULD.

Clark requests scheduling accommodation for an elderly witness, telegraphing the witness is fragile and the prosecution wants her on and off quickly.

Marcia Clark

THAT'S WHAT I WAS AFRAID OF.

Wry reaction to Ito flagging a problem — suggests Clark anticipated complications with the day's schedule.

Notable Exchanges (1)

Lance A. Ito•Marcia Clark

Clark requests the court accommodate an 85-year-old witness; Ito acknowledges but signals an unspecified problem before pulling counsel to a sidebar that was not reported.

procedural

Objections

None recorded

Proceeding 4768 • 14 utterances

Criminal Trial

Department 103