📄 Motion: quash subpoena — Friday, January 13, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JAN\13\MOTION-QUASH-SUBPOENA.DOC
TRIAL
▲ Day 3 of 167

Motion: quash subpoena

Date: Friday, January 13, 1995 • Utterances: 25
A brief scheduling hearing in which Mr. Jones's motion to quash a subpoena on Marguerite Thomas could not be heard because the People's opposition papers arrived the morning of the hearing, giving Jones no time to review them. The court continued the motion to the 23rd at 9:00 a.m., with the People reserving the right to cross-examine Jones as the declarant in his own motion.
1 MR. JONES:

GOOD MORNING, YOUR HONOR. YOUR HONOR, I RECEIVED THIS MORNING THE OPPOSITION FROM THE DISTRICT ATTORNEY'S OFFICE. I HAVE NOT HAD A CHANCE TO READ IT, MUCH LESS STUDY IT. INITIALLY I WOULD MOVE TO STRIKE IT AS BEING UNTIMELY FILED AND HAVE THE COURT DECIDE THE ISSUE ON MY MOVING PAPERS UNOPPOSED. IN THE ALTERNATIVE, I WOULD HAVE NO OBJECTION TO THE PEOPLE'S REQUEST FOR A CONTINUANCE. I AM CONCERNED THAT IF I MAKE THE MOTION IT WILL CREATE ADDITIONAL PROBLEMS FOR ME, AS WELL AS OTHER ALLEGATIONS THAT I AM PROCRASTINATING OR STALLING.

2 MS. LEWIS:

YOUR HONOR, ON BEHALF OF THE PEOPLE, WE HAVE NO OBJECTION. WE HAVE NO OBJECTION TO A BRIEF CONTINUANCE TO ALLOW MR. JONES AN OPPORTUNITY TO REVIEW OUR RESPONSIVE PAPERS, SO LONG AS IT IS FAIRLY BRIEF, SINCE WE ARE ABOUT TO GIVE OPENING STATEMENTS NEXT WEEK.

3 THE COURT:

ALL RIGHT. WELL, HE WAS ASKING IF IT WOULD BE YOUR MOTION, SINCE YOU FILED THIS TODAY.

4 MS. LEWIS:

IT IS MY UNDERSTANDING THAT WE DID FAX A COPY TO MR. JONES LAST NIGHT.

5 MR. JONES:

YOUR HONOR, I WORKED AND BILLED UNTIL SEVEN O'CLOCK. NOTHING ARRIVED BY THAT TIME, 7:00 P.M.

6 THE COURT:

ALL RIGHT.

7 MS. LEWIS:

WE WERE --

8 THE COURT:

WELL, THEN ON THE COURT'S MOTION, SINCE NOBODY WANTS TO DO IT, SINCE I ALSO JUST RECEIVED THIS REPLY THIS MORNING AT APPROXIMATELY 8:45, I WOULD LIKE TO READ IT AS WELL, AND MY -- ONE OF MY PEPPERDINE LAW CLERKS BROUGHT IN AN ARTICLE FOR ME TO READ THAT I HAVE NOT HAD THE OPPORTUNITY TO READ EITHER WITH REGARDS TO THAT ISSUE. SO MR. JONES, WHAT DATE IS CONVENIENT TO YOUR CALENDAR?

9 MS. CLARK:

I WOULD LIKE TO RESOLVE THIS NEXT WEEK, YOUR HONOR.

10 MS. LEWIS:

YOUR HONOR, ACTUALLY IF MR. JONES' SCHEDULE PERMITS, IT COULD BE SOMETHING PERHAPS THAT COULD BE RESOLVED THIS AFTERNOON.

11 MR. JONES:

YOUR HONOR, WE FILED OUR MOTION TEN DAYS IN ADVANCE, ACCORDING TO THE COURT POLICY, SO THAT THE PEOPLE WOULD HAVE AMPLE TIME TO RESPOND. AT 9:15 THIS MORNING ON THE DATE OF THE MOTION I THINK IS -- IT IS INAPPROPRIATE TO ASK US TO RESPOND ANYTIME TODAY.

NEXT WEEK IS A PROBLEM. MAY WE APPROACH WITH THE REPORTER, BUT AT THE BENCH?

12 THE COURT:

WELL, MR. JONES, YOU AND I ARE WELL-ACQUAINTED. I KNOW THE DYNAMICS OF YOUR PRACTICE. IF YOU TELL ME YOU HAVE A PROBLEM, YOU DON'T HAVE TO EXPLAIN IT TO ME. I ACCEPT THAT REPRESENTATION.

KEY QUOTE
13 MR. JONES:

I DO HAVE A PROBLEM, YOUR HONOR, AND STARTING THE 24TH JUDGE HORAN HAS ORDERED ALL COUNSEL TO BE THERE FOR THE SO-CALLED BRYANT FAMILY DEATH PENALTY CASE. I AM RELUCTANT TO SET ANYTHING DURING THAT PERIOD. THAT IS WHY I AM RELUCTANT TO MAKE THE MOTION.

14 THE COURT:

HOW ABOUT THE 23RD?

15 MR. JONES:

FINE.

16 MS. LEWIS:

YOUR HONOR, I DO WANT TO MAKE THE COURT AWARE THAT IT IS OUR POSITION THAT THE DECLARATION CONTAINED WITHIN MR. JONES' MOTION IS --

17 THE COURT:

LET'S NOT ARGUE IT. YOU WILL SAY IT NOW AND THEN I WILL HAVE TO HEAR IT AGAIN.

18 MS. LEWIS:

I'M NOT GOING TO GO INTO LENGTH, YOUR HONOR. I JUST WANT TO MAKE THE COURT AWARE THAT WE WOULD LIKE THE OPPORTUNITY TO CROSS-EXAMINE THE DECLARANT WITH REGARD TO THE FACTS SET FORTH IN THAT DECLARATION, AND I BELIEVE THAT IS MR. JONES.

19 MR. JONES:

I HAVE NO OBJECTION TO BEING CROSS-EXAMINED BY THE PEOPLE, YOUR HONOR.

KEY QUOTE
20 THE COURT:

ALL RIGHT. THEN THE 23RD AT NINE O'CLOCK. THE MOTION TO QUASH THE SUBPOENA ON MARGUERITE THOMAS, ON THE COURT'S OWN MOTION THAT WILL BE RESCHEDULED FOR THAT TIME. THANK YOU, COUNSEL.

21 MR. JONES:

YOUR HONOR. MAY I APPEAR WITH COUNSEL DURING THE TIME THAT I AM BEING CROSS-EXAMINED?

22 THE COURT:

YES, YOU MAY.

23 MR. JONES:

THANK YOU.

24 MS. LEWIS:

YOUR HONOR, I ASSUME THAT THE BENCH WARRANT THAT THE COULD, FOR TECHNICAL REASONS, ISSUED AND HELD UNTIL TODAY WILL BE CONTINUED AND HELD UNTIL THAT DATE?

25 THE COURT:

THAT'S CORRECT. SO ORDERED. THANK YOU, COUNSEL. ALL RIGHT. NEXT WE HAVE THE PEOPLE'S MOTION IN LIMINE REGARDING DETECTIVE MARK FUHRMAN.

Temperature

routine

Key Quotes (3)

Lance A. Ito
WELL, MR. JONES, YOU AND I ARE WELL-ACQUAINTED. I KNOW THE DYNAMICS OF YOUR PRACTICE. IF YOU TELL ME YOU HAVE A PROBLEM, YOU DON'T HAVE TO EXPLAIN IT TO ME. I ACCEPT THAT REPRESENTATION.
Shows the judge's familiarity and trust with counsel, bypassing the need for formal justification of the scheduling conflict.
Cheri Lewis
I JUST WANT TO MAKE THE COURT AWARE THAT WE WOULD LIKE THE OPPORTUNITY TO CROSS-EXAMINE THE DECLARANT WITH REGARD TO THE FACTS SET FORTH IN THAT DECLARATION, AND I BELIEVE THAT IS MR. JONES.
Unusual posture — the People intend to cross-examine the moving attorney himself as the declarant, signaling they dispute facts in Jones's supporting declaration.
Mr. Jones
I HAVE NO OBJECTION TO BEING CROSS-EXAMINED BY THE PEOPLE, YOUR HONOR.
Jones accepts the unusual procedural position without resistance.

Notable Exchanges (2)

Mr. JonesLance A. Ito
Jones explains he cannot schedule anything the week of the 24th due to Judge Horan's order requiring his presence in the Bryant family death penalty case; Ito accepts this representation without requiring elaboration.
collegial
Cheri LewisLance A. Ito
Lewis begins to argue the merits of Jones's declaration; Ito cuts her off, noting there's no point previewing arguments he'll have to hear again at the continued hearing.
efficient

Credibility Attacks (1)

⚔ Mr. Jones
cross-examination of declarant
The People signaled intent to cross-examine Jones on the factual claims in his own supporting declaration when the motion is heard on the 23rd.

Objections

None recorded
Proceeding 4392 • 25 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JAN 13, 1995 📄 Motion: quash subpoena
JAN 13, 1995 KRT DvH TD