📄 Judicial conference: witness disclosure — Tuesday, January 31, 1995
📅 Jan 31 — Day 9
⚖️ Lance A. Ito🛡️ Johnnie Cochran🏛️ Marcia Clark
discoveryjurytimeline
Address:
C:\DEPT103\CRIMINAL\1995\JAN\31\JUDICIAL-CONFERENCE-WITNESS-DI.DOC
TRIAL
▲ Day 9 of 167

Judicial conference: witness disclosure

Date: Tuesday, January 31, 1995 • Utterances: 24
Before the jury was brought in, Cochran read into the record a letter from Mark Partridge, an attorney who sat next to Simpson on his flight from Chicago to Los Angeles, disputing the prosecution's claim that he was an undisclosed witness. The judge also flagged a potential conflict: a juror may have one of the defense's expert witnesses as her personal physician, with discussion deferred to the next day. The session concluded with the judge setting a 10-minute time limit for the prosecution's brief reopening of their opening statement.
1 THE COURT:

GOOD MORNING, COUNSEL. BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS AGAIN PRESENT WITH HIS COUNSEL, MR. SHAPIRO, MR. COCHRAN, MR. DOUGLAS, MR. BAILEY. THE PEOPLE ARE REPRESENTED BY MISS CLARK AND MR. DARDEN. THE JURY IS NOT PRESENT. COUNSEL, JUST A COUPLE THINGS BEFORE WE BEGIN. THE RECORD SHOULD REFLECT THAT I HAD RECEIVED FROM THE DEFENSE A 1335 MOTION WHICH WE WILL DEEM FILED AS OF TODAY, MRS. ROBERTSON. AND MR. COCHRAN, ANY OTHER COMMENTS BEFORE WE RESUME WITH THE JURY?

2 MR. COCHRAN:

YES, YOUR HONOR, IF I MIGHT APPROACH THE PODIUM. THE COURT I BELIEVE RECEIVED A COPY OF A LETTER THAT WAS SENT TO MY OFFICE LAST NIGHT FROM MARK PARTRIDGE, THE LAWYER WHO WAS ON THE PLANE FROM CHICAGO TO LOS ANGELES WHO SAT NEXT TO MR. SIMPSON. I WOULD LIKE, BECAUSE I THINK IT IS RELEVANT, TO READ THIS LETTER INTO THE RECORD, IF I MIGHT. THE LETTER, YOUR HONOR, IS DATED JANUARY 30, 1995, SENT TO THE LAW OFFICES OF JOHNNIE L. COCHRAN, JR.

3 MR. DARDEN:

YOUR HONOR, MAY I OBJECT? THE LETTER SPEAKS FOR ITSELF. COUNSEL CAN SIMPLY FILE IT WITH THE CLERK AND MAKE IT A PART OF THE RECORD.

4 THE COURT:

OVERRULED.

5 MR. COCHRAN:

"ATTENTION PAT MC KENNA," YOUR HONOR, ONE OF THE INVESTIGATORS. "DEAR PAT: I WAS SURPRISED TO LEARN TODAY THAT I AM ONE OF THE WITNESSES THE PROSECUTION CLAIMS WAS NOT PREVIOUSLY DISCLOSED. ON THE FRIDAY MR. SIMPSON WAS ARRESTED I CALLED THE LAPD TO IDENTIFY MYSELF AS THE PERSON WHO SAT NEXT TO HIM ON HIS RETURN FLIGHT FROM CHICAGO TO LOS ANGELES. I BELIEVE I SPOKE TO A HOMICIDE DETECTIVE. I WAS TOLD THEY KNEW WHO WAS ON THE FLIGHT AND WOULD GET TO ME LATER. HE DID NOT ASK FOR MY ADDRESS OR PHONE NUMBER. "ON OCTOBER 6, 1994, RICHARD CROTSLY," CROTSLY, "AN LAPD DETECTIVE, CALLED ME. HE SAID HE HAD RECEIVED A WITNESS STATEMENT ABOUT ME FROM THE DEFENSE. I TOLD HIM MY STORY. HE TOLD ME TO SEND MY NOTES. HE GAVE ME THE FOLLOWING ADDRESS: LOS ANGELES POLICE DEPARTMENT ROBBERY/HOMICIDE DIVISION ROOM 321, 150 NORTH LOS ANGELES STREET, LOS ANGELES, CALIFORNIA 90012. I SENT MY NOTES (THE SAME NOTES I SENT YOU) TO OFFICER CROTSLY IN EARLY DECEMBER, 1994. "THESE FACTS SEEM INCONSISTENT WITH MY UNDERSTANDING OF THE PROSECUTION'S CLAIMS ABOUT UNDISCLOSED WITNESSES OR WITNESS STATEMENTS. I THOUGHT I SHOULD BRING THIS TO YOUR ATTENTION IN CASE IT IS RELEVANT TO THE PROCEDURE IN THE CASE. "I ALSO WANT TO YOU KNOW THAT I AM SCHEDULED TO BEGIN A THREE- TO FOUR-WEEK TRIAL IN CHICAGO ON JUNE 5TH, 1995, AND WOULD NOT BE AVAILABLE TO TESTIFY DURING THAT TIME. I AM AWAY FROM MY OFFICE UNTIL WEDNESDAY, FEBRUARY 1ST, BUT CAN BE REACHED AT" AND HE GAVE HIS PHONE NUMBER, "SINCERELY, MARK PARTRIDGE." I WANTED TO READ THAT FOR THE RECORD, YOUR HONOR.

6 MS. CLARK:

FOR THE RECORD ALSO, YOUR HONOR, WE HAVE NOT RECEIVED ANY SUCH THING.

KEY QUOTE
7 THE COURT:

ALL RIGHT. WELL, THE REAL ISSUE -- I THINK PERHAPS MR. PARTRIDGE MISUNDERSTANDS THE ISSUE. THE ISSUE WAS, WAS THE JULY, 1994, STATEMENT THAT HE GAVE TO THE DEFENSE TURNED OVER TO THE PROSECUTION. THAT IS THE ISSUE.

8 MR. COCHRAN:

WE THINK IT WAS, YOUR HONOR.

9 THE COURT:

YES.

10 MS. CLARK:

CERTAINLY NOT BY THE DEFENSE, THOUGH.

11 MR. COCHRAN:

WE THINK IT WAS.

12 THE COURT:

ALL RIGHT. COUNSEL, LET ME ASK YOU ONE OTHER QUESTION BEFORE WE START WITH THE JURY. DURING THE COURSE OF OUR DISCUSSION OF EXPERT WITNESSES NOW DESIGNATED BY THE DEFENSE, IF YOU RECALL, THERE IS A POSSIBILITY THAT ONE OF OUR JURORS HAS AS ONE OF HER PHYSICIANS ONE OF THE DOCTORS THAT IS NOW ON THE DEFENSE WITNESS LIST.

13 MR. COCHRAN:

YES, YOUR HONOR.

14 THE COURT:

SO I WANT YOU TO CONTEMPLATE THE RAMIFICATIONS OF THAT AND WE WILL DISCUSS IT TOMORROW.

15 MS. CLARK:

OKAY.

16 MR. COCHRAN:

WE HAVE, YOUR HONOR. WE WILL BE READY TO DISCUSS THAT WITH YOUR HONOR TOMORROW.

17 THE COURT:

ALL RIGHT. ALL RIGHT. JUST SO THE GROUNDRULES ARE CLEAR, COUNSEL, I'M GOING TO ADVISE THE JURY THAT I HAVE ALLOWED THE PROSECUTION A BRIEF REOPENING OF THEIR OPENING STATEMENT TO DEAL WITH THREE SPECIFIC ISSUES, AND THAT THERE IS AN ABSOLUTE TIME LIMIT OF TEN MINUTES. ALL RIGHT. ANY OTHER COMMENT? ALL RIGHT. LET'S PROCEED. DEPUTY MAGNERA.

18 MR. COCHRAN:

IS THE COURT GOING TO ADMONISH THE JURY REGARDING STATEMENTS OF COUNSEL?

19 THE COURT:

YES, YES.

20 MR. COCHRAN:

THANK YOU, YOUR HONOR.

21 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)
22 THE COURT:

ALL RIGHT, LADIES AND GENTLEMEN, PLEASE BE SEATED.

23 MR. BAILEY:

MIGHT WE APPROACH FOR A MINUTE, JUDGE?

24 THE COURT:

WITH THE REPORTER, PLEASE.

Temperature

procedural

Key Quotes (4)

Mark Partridge (via Cochran)
ON THE FRIDAY MR. SIMPSON WAS ARRESTED I CALLED THE LAPD TO IDENTIFY MYSELF AS THE PERSON WHO SAT NEXT TO HIM ON HIS RETURN FLIGHT FROM CHICAGO TO LOS ANGELES. I BELIEVE I SPOKE TO A HOMICIDE DETECTIVE. I WAS TOLD THEY KNEW WHO WAS ON THE FLIGHT AND WOULD GET TO ME LATER.
Partridge's account directly contradicts the prosecution's claim that he was an undisclosed defense witness — he says he proactively contacted LAPD on the day of Simpson's arrest.
Marcia Clark
FOR THE RECORD ALSO, YOUR HONOR, WE HAVE NOT RECEIVED ANY SUCH THING.
Clark disputes the defense's implication that Partridge's statement was disclosed to the prosecution, keeping the witness-disclosure dispute alive.
Lance A. Ito
THE ISSUE WAS, WAS THE JULY, 1994, STATEMENT THAT HE GAVE TO THE DEFENSE TURNED OVER TO THE PROSECUTION. THAT IS THE ISSUE.
The judge cuts through Cochran's letter-reading to clarify the actual legal question: not whether LAPD knew of Partridge, but whether the defense disclosed his July 1994 statement to prosecutors.
Lance A. Ito
I'M GOING TO ADVISE THE JURY THAT I HAVE ALLOWED THE PROSECUTION A BRIEF REOPENING OF THEIR OPENING STATEMENT TO DEAL WITH THREE SPECIFIC ISSUES, AND THAT THERE IS AN ABSOLUTE TIME LIMIT OF TEN MINUTES.
Sets the ground rules for the prosecution's rare mid-trial reopening of opening statement, strictly limiting its scope and duration.

Evidence (1)

Informal
Letter dated January 30, 1995 from attorney Mark Partridge to Pat McKenna (defense investigator), describing Partridge's contact with LAPD after Simpson's arrest and his October 1994 interview with Detective Richard Crotsly
read into the record by Cochran

Notable Exchanges (2)

Johnnie CochranMarcia ClarkLance A. Ito
After Cochran reads the Partridge letter implying the prosecution had access to the witness, Clark flatly states she never received it, and the judge clarifies the real issue is whether the defense disclosed Partridge's July 1994 statement — not whether LAPD had general knowledge of him.
strategic
Lance A. ItoJohnnie CochranMarcia Clark
The judge raises the juror-physician conflict: one juror may have a defense expert witness as her personal doctor. Both sides agree to discuss it the following day.
cautious

Credibility Attacks (1)

⚔ prosecution (witness disclosure claim)
exculpatory documentary evidence
Cochran introduces Partridge's letter to undermine the prosecution's assertion that he was an undisclosed witness, showing Partridge himself contacted LAPD and later spoke with a detective.

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 4502 • 24 utterances
Criminal Trial
Department 103
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