Witness scheduling discussion

📄 Witness scheduling discussion — Wednesday, February 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\8\WITNESS-SCHEDULING-DISCUSSION.DOC

TRIAL

▲ Day 15 of 167

◀ Direct examination of Steven Schwab (part 1) Direct examination of Steven Schwab (part 2) ▶

Date: Wednesday, February 8, 1995 • Utterances: 16

F. Lee Bailey raises a scheduling matter about an unidentified female witness whose hearing had apparently been taken off calendar. The parties briefly spar over whether it was ever rescheduled, and Judge Ito suggests discussing it at the next break rather than on the record.

# 1 THE COURT:

GOOD AFTERNOON, COUNSEL. BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS AGAIN PRESENT BEFORE THE COURT WITH COUNSEL. MR. BAILEY, ARE YOU STANDING TO ADDRESS THE COURT?

# 2 MR. BAILEY:

I HAVE A MATTER, YOUR HONOR.

# 3 THE COURT:

WHAT IS THAT, SIR?

# 4 MR. BAILEY:

DO YOU HAVE ANY TIME IN MIND TO ARGUE THE MATTER OF THE WITNESS WE'VE BEEN DISCUSSING IN CHAMBERS?

# 5 THE COURT:

REFRESH MY RECOLLECTION.

# 6 MR. BAILEY:

THE LADY --

# 7 THE COURT:

OH, YES. I HAD THOUGHT THAT MATTER WAS TAKEN OFF CALENDAR. THAT WAS THE IMPRESSION I WAS LEFT WITH THE LAST TIME WE TALKED.

# 8 MR. BAILEY:

I THINK THE LAST TIME --

# 9 MS. CLARK:

I CHECKED YESTERDAY. I WAS TOLD IT WAS NOT PUT BACK ON CALENDAR.

# 10 MR. BAILEY:

WHAT'S THAT?

# 11 MS. CLARK:

I CHECKED YESTERDAY. I WAS TOLD IT HAD NOT BEEN PUT BACK ON CALENDAR.

# 12 THE COURT:

YOU WANT TO LITIGATE THAT ISSUE?

# 13 MR. BAILEY:

I WOULD LIKE TO ARGUE THE ISSUE AT SOME POINT BECAUSE WE ARE TRYING TO ARRANGE A DAY ON THE WEEKEND FOR ACCOMPLISHMENT OF THAT.

# 14 THE COURT:

WHY DON'T WE CHAT AT THE NEXT BREAK.

# 15 MR. BAILEY:

I JUST WANTED TO BRING THAT TO YOUR HONOR'S ATTENTION.

# 16 THE COURT:

I GUESS THAT WAS SUFFICIENTLY CRYPTIC. ANYTHING ELSE BEFORE WE INVITE THE JURORS TO REJOIN US? ALL RIGHT. DEPUTY MAGNERA, LET'S HAVE THE JURY PLEASE.

KEY QUOTE

Temperature

routine

Key Quotes (2)

Lance A. Ito

I GUESS THAT WAS SUFFICIENTLY CRYPTIC.

Ito acknowledges the deliberately vague, chambers-style discussion of a witness who was never named on the record.

F. Lee Bailey

WE ARE TRYING TO ARRANGE A DAY ON THE WEEKEND FOR ACCOMPLISHMENT OF THAT.

Suggests the defense was seeking an out-of-court or weekend session for this witness, indicating unusual logistics.

Notable Exchanges (1)

F. Lee Bailey•Marcia Clark

Brief dispute over whether a witness hearing had been put back on calendar, with Clark asserting she checked and it had not been rescheduled.

procedural

Light Moments (1)

Lance A. Ito

Ito's self-aware sign-off: 'I guess that was sufficiently cryptic' — acknowledging the intentionally oblique nature of the on-record discussion.

Objections

None recorded

Proceeding 4735 • 16 utterances

Criminal Trial

Department 103