Lunch recess

📄 Lunch recess — Thursday, February 9, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\9\LUNCH-RECESS.DOC

TRIAL

▲ Day 16 of 167

◀ Cross-examination of Robert Riske (part 1) Cross-examination of Robert Riske (part 2) ▶

Date: Thursday, February 9, 1995 • Utterances: 23

After the noon recess, Marcia Clark raised two administrative matters: confirming that a crime scene itinerary had already been submitted, and disclosing a new witness — Officer Benjamin Jones, the patrol officer who encountered Steve Schwab the night he found Nicole's dog. Cochran expressed surprise that a report about a June 12, 1994 incident was only produced the day before, but agreed to take it up after reviewing it.

# 1 (AT 12:00 P.M., THE NOON RECESS WAS TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)

# 2 (JANET M. MOXHAM, CSR NO. 4855, OFFICIAL REPORTER.)

# 3 (CHRISTINE M. OLSON, CSR NO. 2378, OFFICIAL REPORTER.)

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

# 5 THE COURT:

ALL RIGHT. BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS AGAIN PRESENT WITH HIS COUNSEL. THE PEOPLE ARE REPRESENTED. MISS CLARK, YOU HAVE AN EXPECTANT LOOK ON YOUR FACE.

# 6 MS. CLARK:

I HAVE A HOPEFUL LOOK ON MY FACE, YOUR HONOR. I WANTED TO, NO. 1, ASK THE COURT -- WE SENT DOWN THE PEOPLE'S ITINERARY TUESDAY --

# 7 THE COURT:

YES.

# 8 MS. CLARK:

-- I THINK IT WAS, AND I HAVE SINCE RECEIVED A COUPLE OF QUESTIONS AS TO WHETHER WE WERE GOING TO SEND ONE DOWN AND WE ALREADY DID.

# 9 THE COURT:

NO, I HAVE THE ITINERARY. WHAT I'M INTERESTED IN IS YOUR LIST OF PARTICIPANTS. WHO ALL IS GOING TO GO?

# 10 MS. CLARK:

OH, OKAY. CAN I GIVE THAT TO THE COURT AT THE BREAK.

# 11 THE COURT:

OKAY.

# 12 MS. CLARK:

OKAY. ALSO, A POLICE REPORT CONCERNING THE WITNESS BENJAMIN JONES, A POLICE OFFICER AT THE PACIFIC AREA STATION, WAS COMPLETED AND TURNED OVER TO COUNSEL ON THE SAME DAY, WHICH WAS YESTERDAY, AND IT WAS FAXED TO COUNSEL YESTERDAY.

# 13 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 14 MS. CLARK:

THERE WAS A REPORT OF AN INTERVIEW CONDUCTED ON FEBRUARY 8TH, TURNED OVER TO COUNSEL ON FEBRUARY 8TH. I'M SHOWING A COPY OF THAT TO COUNSEL NOW CONCERNING THE TESTIMONY -- PROPOSED TESTIMONY OF OFFICER BENJAMIN JONES. HE WAS THE OFFICER WHO WAS ON PATROL THE NIGHT THAT STEVE SCHWAB GOT THE DOG, FOUND NICOLE'S DOG AND CALLED ANIMAL SHELTER FOR HIM. WE HAD NOT PREVIOUSLY BEEN ABLE TO IDENTIFY HIM. HE CAME FORWARD WHEN HE HEARD ABOUT THE INCIDENT TESTIFIED TO BY STEVEN SCHWAB, REALIZING THAT IT WAS HIM. WE HAVE THE POLICE REPORT AND IT HAS BEEN FORWARDED TO COUNSEL AND WE WOULD LIKE TO CALL HIM AS A WITNESS AT THE CONCLUSION OF OFFICER RISKE'S TESTIMONY.

# 15 THE COURT:

WE WILL ALLOW DEFENSE COUNSEL THE OPPORTUNITY TO REVIEW THE REPORT AND THEN WE WILL TAKE IT UP AT THAT TIME.

# 16 MR. COCHRAN:

YES.

# 17 MS. CLARK:

WELL, IT WAS FAXED TO COUNSEL YESTERDAY, SO THEY SHOULD HAVE THEIR OWN COPY.

# 18 MR. COCHRAN:

WE HAVEN'T SEEN IT, BUT YOUR HONOR, THIS IS OBVIOUSLY -- I AM CONFUSED. THIS WAS AN OFFICER WHO DID THIS ON JUNE 12, 1994, AND WE ARE GETTING A REPORT YESTERDAY. WE WILL TAKE IT UP AFTERWARDS. LET'S RESUME WITH CROSS-EXAMINATION.

# 19 THE COURT:

ALL RIGHT.

# 20 MS. CLARK:

OKAY. CAN I HAVE MY COPY BACK?

# 21 THE COURT:

ALL RIGHT. ANYTHING ELSE BEFORE WE INVITE THE JURORS TO REJOIN US?

# 22 MS. CLARK:

THAT IS IT, YOUR HONOR.

# 23 THE COURT:

I HAVE LOST ALL MY STAFF. LET'S HAVE THE JURY, PLEASE.

KEY QUOTE

Temperature

procedural

Key Quotes (3)

Marcia Clark

HE WAS THE OFFICER WHO WAS ON PATROL THE NIGHT THAT STEVE SCHWAB GOT THE DOG, FOUND NICOLE'S DOG AND CALLED ANIMAL SHELTER FOR HIM. WE HAD NOT PREVIOUSLY BEEN ABLE TO IDENTIFY HIM. HE CAME FORWARD WHEN HE HEARD ABOUT THE INCIDENT TESTIFIED TO BY STEVEN SCHWAB, REALIZING THAT IT WAS HIM.

Introduces a late-disclosed witness who corroborates the Schwab dog timeline — a key early indicator of when the murders occurred.

Johnnie Cochran

I AM CONFUSED. THIS WAS AN OFFICER WHO DID THIS ON JUNE 12, 1994, AND WE ARE GETTING A REPORT YESTERDAY.

Flags a potential discovery timing issue — eight months elapsed between the incident and the disclosure of the police report.

Lance A. Ito

I HAVE LOST ALL MY STAFF. LET'S HAVE THE JURY, PLEASE.

Light aside as court scrambles to reconvene — humanizes the proceeding.

Evidence (2)

Informal

Police report of interview conducted February 8 concerning Officer Benjamin Jones, who encountered Steve Schwab and Nicole's dog on the night of June 12, 1994

disclosed to defense, faxed day prior

Informal

People's crime scene itinerary and participant list

previously submitted; Clark confirms receipt and agrees to provide participant names at the break

Notable Exchanges (1)

Marcia Clark•Johnnie Cochran

Clark discloses Officer Jones as a new witness and asserts the report was faxed to defense the day before; Cochran says they haven't seen it and flags the eight-month gap between the June 12 incident and the disclosure.

mildly contentious, deferred

Light Moments (1)

Lance A. Ito

Judge notes he has 'lost all his staff' when trying to bring the jury back in.

Objections

None recorded

Proceeding 4780 • 23 utterances

Criminal Trial

Department 103