📄 Discovery and scheduling — Monday, January 23, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JAN\23\DISCOVERY-AND-SCHEDULING.DOC
TRIAL
▲ Day 4 of 167

Discovery and scheduling

Date: Monday, January 23, 1995 • Utterances: 45
An end-of-day administrative session before opening statements, covering scheduling for the next morning, a request by the defense to preserve standing objections to in limine rulings for appeal, a security matter involving a potential witness named Sammy Moore, and a DNA discovery dispute raised by Barry Scheck regarding autorads and slot blots never turned over to the defense. The proceeding ended on an unexpectedly light note.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)
2 THE COURT:

COUNSEL, BE SEATED, PLEASE. ALL RIGHT. COUNSEL, I THINK TOMORROW MORNING, WE HAVE FINAL CONSIDERATION OF THE JURY -- VIEW OF MR. SIMPSON'S -- DEFENDANT'S DOCUMENTS TO THE JURY, OPENING STATEMENT AND -- FINAL RESOLUTION OF OBJECTIONS REGARDING EXHIBITS, AND WE SHOULD PROCEED TO OPENING STATEMENT. I ANTICIPATE THE JURY WILL BE HERE BY 9:00 O'CLOCK. SO IF WE CONCLUDE THE FINAL RULINGS ON OBJECTIONS, THEN WE'LL PROCEED TO OPENING STATEMENT. ALL RIGHT. ANYTHING ELSE?

3 MR. DARDEN:

YES, YOUR HONOR, IF I MAY.

4 MR. COCHRAN:

CAN WE DO IT AT SIDEBAR, PLEASE? MAY I SAY ONE THING BEFORE? YOUR HONOR, WITH REGARD TO A NUMBER OF MOTIONS THAT WE PREVIOUSLY BROUGHT, DEAN UELMEN IS HERE. WE WANT TO OBVIATE RENEWING THOSE OBJECTIONS. WE WOULD LIKE TO HAVE SOME SORT OF STIPULATION THAT OBJECTIONS MADE AT PRETRIAL WOULD BE LODGED AT TRIAL AT THE APPROPRIATE TIME, AND WE WANT TO WORK OUT THE BEST WAY TO DO THAT SO THE RECORD IS PRESERVED. YOU MAY WANT TO THINK ABOUT THAT OVERNIGHT.

5 THE COURT:

I WAS JUST WAITING FOR YOU TO DO THAT.

6 MR. COCHRAN:

OKAY.

7 THE COURT:

YOU WANT TO ASK THAT THERE BE A STANDING OBJECTION TO THE COURT'S IN LIMINE RULINGS THAT YOU OBJECTED TO?

8 MR. COCHRAN:

YES, YOUR HONOR.

9 THE COURT:

ANY COMMENT BY THE PEOPLE?

10 MS. CLARK:

I DON'T KNOW HOW WE COULD POSSIBLY -- THERE HAVE BEEN SO MANY OBJECTIONS TO SO MANY DIFFERENT ITEMS THAT I'M CONCERNED ABOUT.

11 THE COURT:

COUNSEL, IF THEY DON'T REOBJECT ON THE RECORD, THEN THEY WAIVE IT FOR PURPOSES OF APPEAL. SO THEY HAVE TO REOBJECT. SO IT'S A MATTER OF TAKING THE TIME. YOU'RE ASKING IF THERE CAN BE STANDING OBJECTIONS TO ALL THE COURT'S IN LIMINE RULINGS THAT WERE ADVERSE. YOU'RE NOT OBJECTING TO THOSE THAT WEREN'T.

12 MR. COCHRAN:

CERTAINLY.

13 THE COURT:

THEY HAVE TO RENEW THOSE OBJECTIONS.

14 MS. CLARK:

MAY I RESPOND?

15 THE COURT:

YOU WANT TO CONTEMPLATE THAT?

16 MS. CLARK:

YES. MAY I?

17 THE COURT:

ALL RIGHT.

18 MR. DARDEN:

OUR INFORMATION IS, THE 17TH FLOOR RECEIVED A CALL AT 11:40 THIS AFTERNOON FROM SAMMY MOORE. I'VE GOT THE TELEPHONE NUMBER. HE IS INQUIRING AS TO WHY YOU MENTIONED HIS NAME IN OPEN COURT AND HE IS INQUIRING AS TO WHO THE TWO BLACK MEN WERE THAT WENT TO A FEMALE FRIEND'S HOME LOOKING FOR HIM. SO HE LEFT A TELEPHONE NUMBER. I HAVE SHOWN IT TO MR. COCHRAN.

KEY QUOTE
19 THE COURT:

GIVE THAT TO MRS. ROBERTSON. I'LL HAVE HER CONTACT DEPUTY DOWNS. ALL RIGHT, COUNSEL.

20 MS. CLARK:

EXCUSE ME, YOUR HONOR. WAS THE BAILIFF HANDED A NOTE BY ONE OF THE JURORS ON THE WAY OUT?

21 THE COURT:

YES, HE WAS.

22 MS. CLARK:

SHOULD WE --

23 THE COURT:

I'LL LOOK AT IT AND I'LL LET YOU KNOW TOMORROW MORNING. DEPARTMENT JACKS INDICATED IT'S NO BIG DEAL. COUNSEL, TOMORROW MORNING.

24 MR. DOUGLAS:

YOUR HONOR?

25 THE COURT:

MR. DOUGLAS.

26 MR. DOUGLAS:

WE'RE ALMOST FINISHED. IS IT AT ALL POSSIBLE -- BECAUSE IT IS LIKELY THAT WE ARE GOING TO HAVE THE VIDEOTAPES THAT ARE IN SAN FRANCISCO AVAILABLE IN THE MORNING. IS IT POSSIBLE THAT WE MIGHT REVISIT THE WISDOM OR THE SCOPE OF THE COURT'S EARLIER RULING AS TO THOSE CRIME SCENE BLIPS IF WE WERE ABLE TO PROVIDE THOSE VIDEOTAPES TO THE PROSECUTION?

27 THE COURT:

IF YOU CAN PROVIDE IT TO THEM AND THEY WITHDRAW THEIR OBJECTION, YES.

28 MR. DOUGLAS:

VERY WELL. ALL RIGHT. COUNSEL, TOMORROW MORNING, 9:00 A.M. SHARP. THAT MEANS WE ARE ALL SEATED, READY TO GO AT 9:00 O'CLOCK.

29 MR. SCHECK:

YOUR HONOR, BEFORE WE LEAVE --

30 THE COURT:

MR. SCHECK.

31 MR. SCHECK:

FIRST OF ALL, FOR THE RECORD, THERE WAS A SET OF DNA DISCOVERY MATERIALS THAT WERE HERE LONG AGO, AND IT TURNED OUT THAT TWO OF THE AUTORADS THERE WERE NEVER TURNED OVER TO DEFENSE. THE PROSECUTION HAS COPIES AND THEY AGREED TO LET US HAVE THOSE. SO I WAS INFORMED I SHOULD PUT THAT ON THE RECORD. THE SECOND THING --

32 THE COURT:

MR. SCHECK, LET ME HAND THEM TO YOU. JUST IDENTIFY THEM FOR THE RECORD SO WE UNDERSTAND WHAT IT IS THE COURT HAS GIVEN TO YOU.

33 MR. SCHECK:

YES.

34 MR. DARDEN:

MAY WE HAVE MR. SCHECK INDICATE WHO AGREED?

35 MR. SCHECK:

MR. CLARK.

36 THE COURT:

WOULD YOU DESCRIBE THOSE AUTORADS FOR ME?

37 MR. SCHECK:

FOR THE RECORD AND FOR MR. DARDEN'S ASSISTANCE, MR. CLARK AND I HAVE BEEN EXCHANGING LETTERS NOW FOR THE LAST 15 TO 20 DAYS ABOUT THE EXISTENCE OF SLOT BLOTS, WHICH ARE TESTS TO DETERMINE THE AMOUNT OF HUMAN DNA IN A PARTICULAR SAMPLE, AND THESE WERE TURNED OVER. THE PROSECUTION HAS COPIES. WE DON'T -- THEY WERE WITH THE COURT. AND SLOT BLOTS IN QUESTION IS ONE THAT IS MARKED S 101394. THAT WOULD BE THE CELLMARK NUMBER. A SECOND ONE IS S 102094. THEN THERE IS S 092994, ANOTHER, S 101394, ANOTHER S 080194 AND ANOTHER THAT APPEARS TO BE AGAIN S 081694.

KEY QUOTE
38 THE COURT:

ALL RIGHT.

39 MR. SCHECK:

THE OTHER THING THAT I SHOULD BRING TO THE COURT'S ATTENTION SINCE I KNOW -- IN TERMS OF SCHEDULING -- IS THAT MR. HARMON AND I HAVE SERIOUS DISAGREEMENT ABOUT DNA DISCOVERY. THE QUESTION IS, WHEN CAN WE GET THE COURT'S ATTENTION? I HAZARD THAT -- I WILL PUT IT IN WRITING, SUBMIT THE ISSUES TO THE COURT TOMORROW MORNING. BUT I WOULD LIKE TO HAVE IT RESOLVED. IT HAS TO DO WITH WHETHER OR NOT THEY'RE OBLIGATED TO TURN OVER TO US ACTUAL COPIES OF THE TEST RESULTS FROM DOJ. AND I WILL WRITE YOU A LETTER. BUT WHAT I'M BASICALLY ASKING IS CAN WE FIND A HALF HOUR AT SOME POINT --

40 THE COURT:

MR. SCHECK, IF IT TAKES YOU HALF AN HOUR TO EXPLAIN WHAT IT IS YOU'RE --

41 MR. SHAPIRO:

YOUR HONOR, BE NICE TO MR. SCHECK. HE GOT SLAMMED IN THE L.A. TIMES BECAUSE OF THAT.

KEY QUOTE
42 THE COURT:

YEAH. PUT IT IN A LETTER.

43 MR. SHAPIRO:

HE'S REALLY TRYING.

44 MR. COCHRAN:

JUDGE, HE WAS ONLY KIDDING.

45 THE COURT:

COUNSEL, WE'LL STAND IN RECESS. THANK YOU FOR AN ENTERTAINING DAY.

KEY QUOTE

Temperature

procedural

Key Quotes (4)

Barry Scheck
FOR THE RECORD AND FOR MR. DARDEN'S ASSISTANCE, MR. CLARK AND I HAVE BEEN EXCHANGING LETTERS NOW FOR THE LAST 15 TO 20 DAYS ABOUT THE EXISTENCE OF SLOT BLOTS, WHICH ARE TESTS TO DETERMINE THE AMOUNT OF HUMAN DNA IN A PARTICULAR SAMPLE, AND THESE WERE TURNED OVER. THE PROSECUTION HAS COPIES. WE DON'T -- THEY WERE WITH THE COURT.
Scheck puts on the record that DNA discovery materials — specifically slot blots and autorads — were held by the court and never provided to the defense, a potential discovery violation.
Christopher Darden
OUR INFORMATION IS, THE 17TH FLOOR RECEIVED A CALL AT 11:40 THIS AFTERNOON FROM SAMMY MOORE. HE IS INQUIRING AS TO WHY YOU MENTIONED HIS NAME IN OPEN COURT AND HE IS INQUIRING AS TO WHO THE TWO BLACK MEN WERE THAT WENT TO A FEMALE FRIEND'S HOME LOOKING FOR HIM.
Flags a potential witness-intimidation or security concern — someone whose name surfaced in court is now asking questions about investigators who visited his associate.
Robert Shapiro
YOUR HONOR, BE NICE TO MR. SCHECK. HE GOT SLAMMED IN THE L.A. TIMES BECAUSE OF THAT.
Rare moment of levity from Shapiro, deflating Ito's mild exasperation with Scheck and drawing laughter from the bench.
Lance A. Ito
COUNSEL, WE'LL STAND IN RECESS. THANK YOU FOR AN ENTERTAINING DAY.
Ito's dry closing line signals the unusually light tone the session ended on despite substantive discovery issues.

Evidence (2)

Informal
Slot blot autorads from Cellmark — DNA quantification tests (S 101394, S 102094, S 092994, S 080194, S 081694) — previously held by the court and never given to the defense
Identified and transferred to defense on the record
Informal
Videotapes from San Francisco potentially showing crime scene footage ('blips')
Defense requesting reconsideration of court's ruling if tapes can be provided to prosecution before morning

Notable Exchanges (3)

Johnnie CochranLance A. ItoMarcia Clark
Cochran asks for a stipulation that pretrial objections be treated as standing objections at trial to preserve the appellate record. Ito clarifies they must be renewed or they're waived. Clark asks to respond in the morning.
strategic
Christopher DardenLance A. Ito
Darden reports that Sammy Moore called the 17th floor asking why his name was mentioned in open court and who visited his female friend's home. Ito routes the tip to a deputy.
tense
Barry ScheckLance A. ItoRobert ShapiroJohnnie Cochran
Scheck tries to get time on the calendar for a DNA discovery dispute with Harmon. Ito cuts him off saying if it takes half an hour to explain, put it in a letter. Shapiro interjects asking Ito to 'be nice' because Scheck was slammed in the LA Times. Cochran adds 'he was only kidding.' Ito closes with 'Thank you for an entertaining day.'
light

Light Moments (1)

Robert Shapiro
Shapiro rides to Scheck's defense when Ito grows impatient, citing bad press in the LA Times. Cochran adds that the judge was 'only kidding.' Ito thanks everyone for 'an entertaining day.'

Objections

None recorded
Proceeding 4404 • 45 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JAN 23, 1995 📄 Discovery and scheduling
JAN 23, 1995 KRT DvH TD