📄 Sidebar: examination location — Friday, July 14, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUL\14\SIDEBAR-EXAMINATION-LOCATION.DOC
TRIAL
▲ Day 115 of 167

Sidebar: examination location

Date: Friday, July 14, 1995 • Utterances: 6
A brief sidebar between Shapiro and Kelberg (civil trial) regarding the scope of upcoming examination testimony. Shapiro flagged that he had deliberately avoided mentioning the location of OJ Simpson's June 17th medical examination (Kardashian's home), per a prior agreement with Marcia Clark. Kelberg clarified he only intended to ask about whether the examiner felt the June 15th exam was adequate and Simpson's apparent motivation to fake pain during blood draws.
1 (The following proceedings were held at the bench:)
2 THE COURT:

All right. We're over at the sidebar. Mr. Shapiro.

3 MR. SHAPIRO:

Yes. We had discussions--unfortunately Mr. Kelberg wasn't there. Apparently he has not been notified that we're not going to get into any demeanor or any of the activities surrounding the 17th, and I deliberately did not bring up where the examination took place, who was present. That's why I showed the photograph of the two nurses.

4 MR. KELBERG:

Your Honor, again, I am not going to go into demeanor or anything except I am going to go into whether or not he felt he hadn't had adequate time to conduct the examination on the 15th. He conducted a further examination on the 17th. And I don't understand why the location has any bearing. I'm not going to go into who was there, who else was there. But certainly as to the photograph shown, Mr. Simpson grimacing where blood is taken, whether he may have had a motivation to fake that for lack of a better term.

5 MR. SHAPIRO:

I have no problem with any of that. But I think when you get into Mr. Kardashian's home, you're treading on dangerous territory which opens up an area Miss Clark and I agreed should not be opened up.

6 THE COURT:

All right. Let's just go into length. Location is not relevant.

KEY QUOTE

Temperature

procedural

Key Quotes (3)

Robert Shapiro
I deliberately did not bring up where the examination took place, who was present. That's why I showed the photograph of the two nurses.
Reveals Shapiro's strategic restraint — he was honoring a prior agreement to keep the Kardashian home location out of evidence.
Robert Shapiro
I think when you get into Mr. Kardashian's home, you're treading on dangerous territory which opens up an area Miss Clark and I agreed should not be opened up.
Discloses that both sides had a pretrial agreement to avoid referencing Kardashian's home as the June 17th examination site.
Lance A. Ito
Let's just go into length. Location is not relevant.
Ito's clean ruling: testimony about the examination's adequacy is allowed, but the location is excluded.

Evidence (3)

Informal
Photograph of OJ Simpson grimacing while blood is taken, shown by Shapiro during examination
discussed
Informal
June 15th medical examination — adequacy questioned
discussed
Informal
June 17th medical examination conducted at Kardashian's home
location ruled not relevant

Notable Exchanges (2)

Robert ShapiroBrian Kelberg
Shapiro revealed he had been honoring an agreement with Clark to avoid the Kardashian home location; Kelberg said he wasn't aware of that agreement but clarified he only wanted to explore the examiner's motivation and whether the June 15th exam was adequate
strategic
Robert ShapiroLance A. Ito
Shapiro flagged the location as dangerous territory; Ito swiftly ruled it irrelevant and cut off further argument
procedural

Credibility Attacks (1)

⚔ O.J. Simpson
bias/motive
Kelberg argued the photograph of Simpson grimacing during blood draw could show Simpson had motivation to fake pain or distress — a subtle attack on his credibility regarding the blood evidence

Objections

None recorded
Proceeding 6851 • 6 utterances
Criminal Trial
Department 103
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📂 JUL 14, 1995 📄 Sidebar: examination location
JUL 14, 1995 KRT DvH TD