All right. Back on the record in the Simpson matter. The Defendant is again present with his counsel, Mr. Cochran, Mr. Shapiro, Mr. Bailey. The People are represented by Mr. Darden, Mr. Gordon and Miss Lewis. And I see we also have Miss Hamburger on behalf of Marguerite Thomas. All right. Good morning, counsel.
Good morning, your Honor. Your Honor, I believe Miss Thomas' counsel is here as a result of being ordered back after the body attachment issued and so forth. It is our decision not to call Marguerite Thompson--Thomas, I'm sorry, Simpson to testify, so I don't know if the Defense wants her ordered back for their case or not.
All right. Then the body attachment will be recalled and quashed, and Miss Hamburger, thank you, and you and your client are free to leave.
All right. Also, your Honor, this morning I filed two motions in limine to preclude certain testimony. One of them deals with--
One of them deals with Christian Reichardt who I heard Mr. Cochran indicate he had asked to come back this afternoon. Obviously I filed and served these this morning. Does the Court want to give an indication--let me let you know what the other brief is. The other one has to do with a witness called Lori Menzione who had a telephone conversation with the Defendant in Chicago. The motion in limine is to preclude her testifying to that conversation for insufficient foundation and hearsay reasons. She is sort of toward the end of the list of nine or ten witnesses I believe they gave us yesterday, so may, I guess, possibly hit the witness stand late today at the rate the witnesses are moving along. Perhaps the Defense can give us a better indication of when they expect she would hit the witness stand, Lori Menzione.
Your Honor, first of all, I haven't seen the motions thus far, and I just received them, but Miss Menzione, as far as I know, arrived here late last night from Chicago. She is here. And at the rate we are proceeding we could possibly get to her today or this evening or tomorrow morning at the earliest. And Mr. Reichardt, Dr. Reichardt, rather, is--was here yesterday. I asked him to be ordered back today. We have a number of witnesses today, so it just depends on this. But obviously I'm going to ask the Court to allow us to have until 1:30 again today because I have got witnesses even coming in over the lunch hour to keep the pace up and I will get a chance to review this. I haven't even had a chance to look at this and I have got a witness on the stand now, and once I determine what these areas are, we will just refrain from going into them until we can work that out, but I don't want to hold up witnesses who have flown from in from Chicago. I would like to put on all the witnesses regarding no controversy. If there is a controversy regarding the witness, put them at end of the day or put them at the next day, if possible. I'm sure the Court was kidding about the pace because it was rather breakneck yesterday and we will try to do that also.
And they were going to make arrangements to have transportation available for them sometime eight or nine o'clock tonight.
Is that right? Is that right? We thought you were kidding because I'm sure your Honor was impressed with the speed you proceeded yesterday, but we will still do what we have to do.
Counsel, believe me, I appreciate that. For every hour of presentation in the courtroom, there is probably a hundred hours in preparation for that.
You know, as the Court could appreciate we were up 11:00, 12 o'clock last night and Mr. Douglas this morning seeing witnesses who flew in from Chicago, too late to even talk to last night, and we will do it.
For the record, Miss Lewis, I haven't seen these yet. Are you going to argue these?
Your Honor, I have one matter to take up. I just informed the People of a witness who called me late last night who had relevant testimony, it appears, on the time of the barking dog or dogs. I have asked that witness to come to court this morning. I will make that witness available to the Prosecution as that witness will be available to us, and we would like to keep this case going, keep this case in order, and this witness just came to our attention at about ten o'clock last evening. I have given the People her name and we will make her available to them immediately.
I don't mind this witness testifying tomorrow after we've had a chance to talk to her, but I think to just give me a name, one which I can't read completely, by the way, two minutes ago, is--
Mr. Darden, this is just Mr. Shapiro putting on the record that he has given you the information.
If the witness is going to be here this morning, however, she will be available to be interviewed by either yourself or one of your investigators, one of your colleagues.
If it please the Court, yesterday you heard a reference to a witness Lang and you heard a reference to a white truck in the cross-examination of Francesca Harman by Mr. Darden. I discovered yesterday for the first time since we have been working with Mr. Lang that a tape-recording of his observations that night was made almost immediately after the events and turned over to the Prosecution many months ago, together with a sketch of what he saw. And he says that at ten o'clock at night he saw a large white truck, somebody in the truck, a blond woman he now recognizes as Nicole Brown Simpson, discoursing with the person in the truck and someone standing near the entrance to her gate in a menacing posture of Caucasian or Asian decent. Now, I think it an absolute outrage that this clearly exculpatory evidence, putting on the testimony of someone else who could possibly have figured into these murders, has not been turned over to the Defense, and I ask that you order that it be turned over forthwith and that we find out why it wasn't at some point. Meanwhile, I will inform the Court that Mr. Lang's lawyer is having the tape transcribed by his secretary and I will make it available to the Court as soon as I get it.
That is Miss Clark's witness, your Honor. I haven't heard a tape of Mr. Lang.
KEY QUOTEMay it please the Court, your Honor, I want to simply put on the record that this morning I have given Mr. Darden a packet of 13 x-rays of Mr. Simpson which we intend to use with Dr. Maltz who will testify probably next Monday. I'm also handing to Mr. Darden reports that were faxed into his office last night, a two-page report from Herbert McDonald, as well as a two-page report by a Dr. William Martel which Dr. Maltz used and will perhaps refer to during the course of Dr. Maltz' testimony.
Excuse me, your Honor. For purposes of scheduling, I have a witness on a tight, tight schedule. Will you start again at 1:00 or 1:30 as Mr. Cochran requested?
I think it an absolute outrage that this clearly exculpatory evidence, putting on the testimony of someone else who could possibly have figured into these murders, has not been turned over to the Defense, and I ask that you order that it be turned over forthwith and that we find out why it wasn't at some point.
The court reporters told me that they thought that comment was serious. And they were going to make arrangements to have transportation available for them sometime eight or nine o'clock tonight.
That is Miss Clark's witness, your Honor. I haven't heard a tape of Mr. Lang.
I'm sure Mr. Darden will convey to her my concerns.