Evidence marked, jury recessed

📄 Evidence marked, jury recessed — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\EVIDENCE-MARKED-JURY-RECESSED.DOC

TRIAL

▲ Day 9 of 167

◀ Recross-examination of Mike Farrell Motion: Ron Shipp testimony admission ▶

Date: Tuesday, January 31, 1995 • Utterances: 7

Darden had a 1989 letter signed by Detective Mark Fuhrman marked as People's Exhibit 7 for identification. The letter was addressed to the City Attorney of Los Angeles and related to domestic violence standards. Judge Ito then recessed the jury so counsel could address a preliminary legal issue (a 402 hearing) outside the jury's presence.

# 1 THE COURT:

ALL RIGHT. THANK YOU VERY MUCH. MR. DARDEN, AS TO THE PEOPLE'S NEXT WITNESS?

# 2 MR. DARDEN:

YOUR HONOR, BEFORE WE CALL THE NEXT WITNESS, I HAVE IN MY HAND HERE WHAT APPEARS TO BE A XEROX COPY OF A SINGLE-PAGE LETTER. IT IS DATED JANUARY 18, 1989. IT WAS DIRECTED TO THE CITY ATTORNEY FOR THE CITY OF LOS ANGELES AND IT IS SIGNED BY DETECTIVE MARK FUHRMAN. MAY IT BE MARKED PEOPLE'S 7 FOR IDENTIFICATION?

# 3 THE COURT:

PEOPLE'S 7.

# 4 (PEO'S 7 FOR ID = 1-PG DOC/DV STANDARDS)

# 5 THE COURT:

ALL RIGHT. MR. DARDEN, HOW DO YOU WISH TO PROCEED AT THIS POINT?

# 6 MR. DARDEN:

I THINK WE SHOULD RESOLVE THE PRELIMINARY LEGAL ISSUE THAT WE HAVE TO RESOLVE.

KEY QUOTE

# 7 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN, I HAVE A LEGAL ISSUE THAT I NEED TO RESOLVE BEFORE THE NEXT WITNESS CAN BE PRESENTED. AND GIVEN THE LATENESS OF THE HOUR THIS AFTERNOON, I'M GOING TO RECESS AS FAR AS YOU ARE CONCERNED THIS AFTERNOON. PLEASE REMEMBER MY ADMONITION TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, FORM ANY OPINIONS ABOUT THE CASE, DON'T ALLOW ANYBODY TO TALK TO YOU ABOUT THE CASE AND YOU ARE NOT TO PERFORM ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU. HAVE A PLEASANT EVENING. WE'LL SEE YOU BACK HERE TOMORROW MORNING 9:00 O'CLOCK, AND WE'LL HAVE MORE WITNESSES FOR YOU. ALL RIGHT. SEE YOU TOMORROW. ALL RIGHT. I'M GOING TO ASK COUNSEL TO REMAIN. RISE FOR THE JURY, PLEASE.

Temperature

procedural

Key Quotes (2)

Christopher Darden

I HAVE IN MY HAND HERE WHAT APPEARS TO BE A XEROX COPY OF A SINGLE-PAGE LETTER. IT IS DATED JANUARY 18, 1989. IT WAS DIRECTED TO THE CITY ATTORNEY FOR THE CITY OF LOS ANGELES AND IT IS SIGNED BY DETECTIVE MARK FUHRMAN.

Introduces a Fuhrman-signed letter into the record, flagging upcoming impeachment material tied to domestic violence handling standards.

Christopher Darden

I THINK WE SHOULD RESOLVE THE PRELIMINARY LEGAL ISSUE THAT WE HAVE TO RESOLVE.

Signals a 402 hearing is needed before the next witness — Fuhrman-related evidence requires judicial gatekeeping outside the jury's presence.

Evidence (1)

People's 7

Single-page Xerox copy of a letter dated January 18, 1989, addressed to the City Attorney of Los Angeles, signed by Detective Mark Fuhrman; marked as relating to DV standards.

marked for identification

Notable Exchanges (1)

Christopher Darden•Lance A. Ito

Darden requests the Fuhrman letter be marked before flagging a legal issue requiring a 402 hearing; Ito recesses the jury and retains counsel.

strategic

Credibility Attacks (1)

⚔ Mark Fuhrman

prior inconsistent statement / prior conduct

A 1989 letter signed by Fuhrman to the City Attorney is being introduced — context suggests it will be used to challenge his credibility or conduct around domestic violence standards.

Objections

None recorded

Proceeding 4606 • 7 utterances

Criminal Trial

Department 103