📄 Opening matters — Wednesday, July 12, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUL\12\OPENING-MATTERS.DOC
TRIAL
▲ Day 113 of 167

Opening matters

Date: Wednesday, July 12, 1995 • Utterances: 73
Pre-session administrative matters in the civil trial, including quashing a body attachment for Marguerite Thomas (O.J.'s first wife) after the prosecution decided not to call her. The prosecution filed two motions in limine to preclude testimony from witnesses Christian Reichardt and Lori Menzione, and Bailey raised an outrage over allegedly withheld exculpatory evidence — a tape recording and sketch from witness Lang — that had been turned over to prosecutors months earlier but never disclosed to the defense.
1 (Appearances as heretofore noted.)
2 (Janet M. Moxham, CSR no. 4855, official reporter.)
3 (Christine M. Olson, CSR no. 2378, official reporter.)
4 (Pages 36285 through 36289, volume 185A, transcribed and sealed under separate cover.)
5 (The following proceedings were held in open court, out of the presence of the jury:)
6 THE COURT:

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.

7 MS. LEWIS:

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.

8 MR. COCHRAN:

Well, if we want her, we will make arrangements to get her.

9 THE COURT:

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.

10 MS. HAMBURGER:

Thank you, your Honor.

11 THE COURT:

All right.

12 MS. LEWIS:

All right. Also, your Honor, this morning I filed two motions in limine to preclude certain testimony. One of them deals with--

13 THE COURT:

Excuse me. Is there something funny?

14 (Brief pause.)
15 MS. LEWIS:

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.

16 THE COURT:

You are filing two motions in limine to preclude certain testimony?

17 MS. LEWIS:

Yes.

18 THE COURT:

All right. Mr. Cochran.

19 MR. COCHRAN:

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.

20 THE COURT:

The court reporters told me that they thought that comment was serious.

KEY QUOTE
21 MR. COCHRAN:

They thought you were serious?

22 THE COURT:

And they were going to make arrangements to have transportation available for them sometime eight or nine o'clock tonight.

23 MR. COCHRAN:

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.

24 THE COURT:

I do expect us to keep up, however, a good pace.

25 MR. COCHRAN:

We expect to. This is our idea, your Honor.

26 THE COURT:

Counsel, believe me, I appreciate that. For every hour of presentation in the courtroom, there is probably a hundred hours in preparation for that.

27 MR. COCHRAN:

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.

28 THE COURT:

All right.

29 MR. COCHRAN:

For the record, Miss Lewis, I haven't seen these yet. Are you going to argue these?

30 MS. LEWIS:

Yes.

31 THE COURT:

We will chat about those at the noon hour.

32 MS. LEWIS:

You expect at 1:00 or 1:30?

33 THE COURT:

1:30 at this point.

34 MR. COCHRAN:

May I talk to her?

35 THE COURT:

Sure.

36 MR. SHAPIRO:

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.

37 THE COURT:

All right.

38 MR. DARDEN:

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--

39 THE COURT:

Mr. Darden, this is just Mr. Shapiro putting on the record that he has given you the information.

40 MR. DARDEN:

Okay.

41 THE COURT:

We are all aware of it. I will give you reasonable time.

42 MR. DARDEN:

If I could also have her address.

43 MR. SHAPIRO:

I don't have her address. She is coming down.

44 MR. DARDEN:

And the correct spelling of her name.

45 MR. SHAPIRO:

I never met her.

46 THE COURT:

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.

47 MR. SHAPIRO:

Thank you very much, your Honor.

48 THE COURT:

All right. Let's have the jurors, please. I'm sorry.

49 MR. BAILEY:

I think Mr. Douglas has a matter, but I have one.

50 THE COURT:

Yes, sir.

51 MR. BAILEY:

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.

52 THE COURT:

Mr. Darden, what about this?

53 MR. DARDEN:

Are we talking about Heidstra or Lang?

54 MR. BAILEY:

Lang.

55 MR. DARDEN:

That is Miss Clark's witness, your Honor. I haven't heard a tape of Mr. Lang.

KEY QUOTE
56 THE COURT:

Do you know anything about a sketch?

57 MR. DARDEN:

No, I know nothing about a sketch.

58 THE COURT:

Well, when Miss Clark arrives and we are in a break, we will find out.

59 MR. BAILEY:

I'm sure Mr. Darden will convey to her my concerns.

KEY QUOTE
60 MR. DARDEN:

You can convey them yourself.

61 THE COURT:

Mr. Douglas.

62 MR. DOUGLAS:

Your Honor, I just wanted to put on the record--

63 THE COURT:

Excuse me. Mr. Darden, direct your comments to the Court; not to Mr. Douglas.

64 MR. DOUGLAS:

May 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.

65 THE COURT:

This is as to the arthritic condition?

66 MR. DOUGLAS:

Correct. Martel is a radiologist about the x-rays.

67 THE COURT:

Okay.

68 MR. BAILEY:

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?

69 THE COURT:

Mr. Cochran requested 1:30.

70 MR. BAILEY:

That is acceptable to the Court?

71 THE COURT:

It is.

72 MR. BAILEY:

Okay. Thank you, your Honor.

73 THE COURT:

Let's have the jury.

Temperature

tense

Key Quotes (4)

F. Lee Bailey
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.
Bailey alleges a Brady violation — suppression of a tape and sketch from witness Lang describing a white truck and suspicious figure near Nicole's gate the night of the murders.
Lance A. Ito
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.
Ito clarifies his prior remark about pace was not a joke — the court reporters took it literally and were already planning for a late night, revealing the grueling schedule.
Christopher Darden
That is Miss Clark's witness, your Honor. I haven't heard a tape of Mr. Lang.
Darden distances himself from the Lang tape issue, deflecting responsibility to Marcia Clark — revealing siloed knowledge within the prosecution team.
F. Lee Bailey
I'm sure Mr. Darden will convey to her my concerns.
Pointed barb at Darden; the subsequent reply 'You can convey them yourself' required judicial intervention.

Evidence (3)

Informal
Tape recording of witness Lang's observations the night of the murders, describing a white truck, a blond woman (possibly Nicole), and a menacing figure near her gate
Disclosed by Bailey as allegedly withheld exculpatory evidence; being transcribed by Lang's lawyer
Informal
Sketch by witness Lang of what he observed the night of the murders
Referenced alongside the tape recording as allegedly suppressed Brady material
Informal
13 x-rays of O.J. Simpson, plus reports from Herbert McDonald and Dr. William Martel (radiologist)
Handed to Darden by Carl Douglas in advance of Dr. Maltz testimony regarding O.J.'s arthritic condition

Notable Exchanges (3)

F. Lee BaileyChristopher Darden
Bailey accused the prosecution of suppressing Lang's tape and sketch as exculpatory evidence. Darden deflected to Marcia Clark. Bailey said he was sure Darden would convey his concerns; Darden replied 'You can convey them yourself,' prompting Ito to redirect both to address the court.
heated
Johnnie CochranLance A. Ito
Cochran assumed Ito's prior comment about pace was a joke; Ito clarified it was not — court reporters were already arranging late-night transportation. Cochran recovered diplomatically.
light but pointed
Robert ShapiroChristopher Darden
Shapiro disclosed a new late-arriving witness with testimony about the barking dog timeline. Darden objected to the lack of notice, address, and correct name spelling.
procedural

Light Moments (2)

Lance A. Ito
Cochran assumed Ito was kidding about the pace; Ito revealed court reporters had already begun making arrangements to work until 8 or 9 PM — it was no joke.
Lance A. Ito
An unexplained interruption — 'Excuse me. Is there something funny?' followed by a brief pause — suggests some off-record amusement in the courtroom.

Witness Demeanor

(Brief pause.)

Objections

None recorded
Proceeding 6763 • 73 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JUL 12, 1995 📄 Opening matters
JUL 12, 1995 KRT DvH TD