All right. Back on the record in the Simpson matter. All counsel are present. Mr. Simpson is present. The jury is not present. Counsel, I have warned counsel for both sides previously that the Court will not tolerate the personal attacks that have been exchanged and that started again this morning. All counsel are on notice that the next time that happens there will be severe sanctions. The issue before the Court is whether or not the Prosecution can attempt to impeach Mr. Heidstra. Mr. Heidstra, would you step outside, please.
The issue before the Court is whether or not the Prosecution can attempt to impeach Mr. Heidstra's testimony with statements alleged to have been made to other persons that are inconsistent with his statement to the jury here in court. Under 1235 of the evidence code there is a required compliance with evidence code section 770, that the person be confronted with or challenged or not released, one or the other, and that appears to be the process that I have seen here. To wave the racism flag at this point I think is not germane to the topic. The issue is was this statement made. The content of the statement, however repugnant, depending upon what your interpretation of the statement may be, is not particularly relevant. I have allowed the same type of impeachment for Detective Fuhrman. All right. Let's have Mr. Heidstra.
All right. Mr. Heidstra, would you resume the witness stand, please. All right. Good morning again, Mr. Heidstra.
I want you to understand that I'm not mad at you, but I have several things on my mind. Would you please let the attorneys answer the question. Take a breath.
Your Honor, I wanted to lay a foundation by placing Miss Baret's statement on the elmo.
KEY QUOTEAll right. Thank you, ladies and gentlemen. Please be seated. All right. Let the record reflect that we have been rejoined by all the members of our jury panel. Ladies and gentlemen, from time to time things occur that make it necessary for me to immediately discuss things with the attorneys. I want you to understand that you should ignore any such actions taken by the Court. You should not interpret that as an indication that the Court has an opinion as to the conduct of the attorneys or as to any of the witnesses who are testifying. Ignore any actions that the Court takes. You are to form your own opinions based upon the evidence and the law as it is presented to you here in court. Mr. Darden, you may continue with your cross-examination.
To wave the racism flag at this point I think is not germane to the topic. The issue is was this statement made.
I have allowed the same type of impeachment for Detective Fuhrman.
"Sustained" is no talking, shut up?
Your Honor, I wanted to lay a foundation by placing Miss Baret's statement on the elmo.