Morning session opening

📄 Morning session opening — Monday, January 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\23\MORNING-SESSION-OPENING.DOC

TRIAL

▲ Day 4 of 167

Date: Monday, January 23, 1995 • Utterances: 19

Judge Ito opens the session and addresses preliminary matters before opening statements begin. The main business is scheduling a hearing on a motion to quash a subpoena for Marguerite Simpson Thomas (OJ's first ex-wife), which is continued to February 1st at 4:00 PM at the prosecution's request, to be resolved through proffers rather than a full hearing.

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

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

# 3 THE COURT:

ALL RIGHT. GOOD MORNING, COUNSEL.

# 4 MR. SHAPIRO:

GOOD MORNING, YOUR HONOR.

# 5 THE COURT:

MATTER OF PEOPLE VERSUS O.J. SIMPSON. MR. SIMPSON IS NOW PRESENT AGAIN BEFORE THE COURT WITH HIS COUNSEL, MR. SHAPIRO, MR. COCHRAN, MR. DOUGLAS, MR. BAILEY. THE PEOPLE ARE REPRESENTED BY MISS CLARK, MR. DARDEN AND MR. HODGMAN. WE HAVE A NUMBER OF MATTERS TO TAKE UP BEFORE WE BEGIN THE PRE-INSTRUCTIONS AND OPENING STATEMENTS. COUNSEL, THE FIRST MATTER IS THE MOTION TO QUASH THE SUBPOENA FOR MARGUERITE SIMPSON THOMAS. MR. JONES IS PRESENT ON BEHALF OF THE PURPORTED WITNESS.

# 6 MR. HODGMAN:

GOOD MORNING, YOUR HONOR. I WILL BE ADDRESSING THAT MATTER ON THE PART OF THE PEOPLE.

# 7 THE COURT:

ALL RIGHT.

# 8 MR. HENRY:

CARL HENRY, YOUR HONOR, APPEARING ON BEHALF OF ATTORNEY JONES, IF HE IS REQUIRED TO TESTIFY.

# 9 MR. HODGMAN:

YOUR HONOR, WITH REGARD TO THAT MATTER, FIRST OF ALL, I WILL NOT BE SEEKING TO EXAMINE MR. JONES. I SPOKE TO HIM YESTERDAY, AND FOR PURPOSES OF THE RECORD, I DON'T THINK THAT IS NECESSARY; HOWEVER, WE WILL BE ASKING THAT THIS MATTER GO OVER TO FEBRUARY THE 1ST AT 4:00 P.M. AT THE CONCLUSION OF THE JURY PROCEEDINGS FOR THE DAY.

# 10 THE COURT:

AND WHY IS THAT?

# 11 MR. HODGMAN:

WHY IS THAT? BECAUSE BASICALLY IN AN EFFORT TO BE ABLE TO RESOLVE THE SITUATION MORE EXPEDITIOUSLY THAN WITH A FULL BLOWN HEARING. AND I HAVE BEEN SPEAKING WITH MR. JONES. I AM GOING TO BE HANDLING THIS MOTION ON THE PART OF THE PEOPLE AND IT MAY BE THROUGH PROFFERS WE CAN SIMPLY GET THIS RESOLVED BY THIS COURT IN A MORE EXPEDITIOUS FASHION.

# 12 THE COURT:

MR. JONES?

# 13 MR. JONES:

YOUR HONOR, WE DID SPEAK YESTERDAY, SUNDAY. I WAS WORKING.

# 14 THE COURT:

JOIN THE CROWD.

# 15 MR. JONES:

I HAD REQUESTED A FRIDAY. THAT WAS INCONVENIENT FOR THE PEOPLE. AND SO WE ARRIVED AT THE FOUR O'CLOCK SETTING AS A COMPROMISE, IF THAT IS CONVENIENT TO THE COURT.

# 16 THE COURT:

ALL RIGHT. THEN WE WILL --

# 17 MR. JONES:

I WOULD ESTIMATE, EXCUSE ME FOR INTERRUPTING, THAT I DO HAVE ONE WITNESS AND I WOULD ESTIMATE APPROXIMATELY 45 MINUTES TOTAL FOR THE MOTION, WHICH WOULD CARRY US TO 4:45 OR THEREABOUTS.

# 18 THE COURT:

ALL RIGHT. THEN ON THE PROSECUTION REQUEST, THIS MATTER WILL BE CONTINUED TO FEBRUARY THE 1ST AT 4:00 P.M. AND THE BENCH WARRANT -- EXCUSE ME -- THE BODY ATTACHMENT PREVIOUSLY ISSUED AND HELD WILL BE CONTINUED TO BE HELD UNTIL THAT DATE AND TIME.

# 19 MR. JONES:

THANK YOU VERY MUCH.

Temperature

routine

Key Quotes (2)

Lance A. Ito

JOIN THE CROWD.

Dry judicial humor in response to Mr. Jones mentioning he worked on Sunday; rare moment of levity at the outset of a historic trial.

William Hodgman

IT MAY BE THROUGH PROFFERS WE CAN SIMPLY GET THIS RESOLVED BY THIS COURT IN A MORE EXPEDITIOUS FASHION.

Prosecution signaling preference to avoid full evidentiary hearing on the Marguerite Simpson Thomas subpoena.

Notable Exchanges (1)

William Hodgman•Lance A. Ito•Mr. Jones

Parties negotiate the scheduling of the motion to quash subpoena for Marguerite Simpson Thomas, settling on February 1st at 4:00 PM as a compromise after Jones's preferred Friday date was inconvenient for the People.

cooperative

Light Moments (1)

Lance A. Ito

When Mr. Jones noted he was working on a Sunday, Judge Ito drily replied 'Join the crowd.'

Objections

None recorded

Proceeding 4405 • 19 utterances

Criminal Trial

Department 103