All right. Back on the record in the Simpson matter. Mr. Simpson is again present before the Court with his counsel, Mr. Shapiro, Mr. Cochran, Mr. Douglas, Mr. Bailey. The People are represented by Miss Clark and Mr. Kelberg and Miss Lewis. Good morning, counsel.
Good morning, your Honor. Your Honor, I'm here to simply schedule a hearing or two hearings on motions that were filed last week. One of those was filed by Hank Goldberg last Thursday to preclude the testimony of the Defense expert Herbert McDonnell for discovery violations, and as additional grounds, though it may not be addressed in the motion, lack of foundation for his testimony. Umm, that was served on counsel last Thursday, and I'm wondering--
I'm wondering what the Court's convenience is on the scheduling. I should mention that I have listed him as potentially coming up as early as Wednesday, and since we feel that he should not be allowed to testify at all on a dual basis of inadequate foundation and discovery violations, I think this would be useful to both sides to resolve as soon as possible.
Your Honor, I haven't seen this motion. I was asking Mr. Cochran if he had seen it.
Your Honor, I anticipate his being called sometime on Wednesday. Can we have a hearing perhaps tomorrow afternoon?
The other motion has to do with collateral impeachment witnesses regarding Detective Fuhrman. That was filed and served last Friday. The Defense initially had some such witnesses on a short list and then removed them and I'm not sure what their timing is, their expectation with regard to those witnesses, but we do need to have that resolved of course.
I think Friday, your Honor, will be an appropriate day for that motion. Those witnesses will likely not be called until next week.
Let's see. That is the 21st. I seem to recollect we have another matter set the 21st in the afternoon.
Your Honor, yes, and we can deal with it now or perhaps this afternoon. It concerns the testimony of the nurse Thano Peratis. I submitted this morning to the Court an affidavit from Mr. Peratis' doctor.
Right. I received it. I have been in chambers with counsel on other matters. I have not had the opportunity to read it.
Yes, your Honor. In a nutshell, the motion seeks to declare Mr. Peratis unavailable and seeks to allow the introduction of his preliminary hearing testimony by video and portions of his grand jury testimony to be read. We would like that that to be resolved today so that we can edit the tape and have that presentation to the jury tomorrow afternoon.
KEY QUOTEThat it is being offered against a party who introduced the testimony at the actual proceeding, the earlier proceeding. That is sworn testimony. We are simply having the grand jury portion to reinforce the preliminary hearing testimony concerning the amount of blood that was withdrawn, the approximately eight cc's, 1291-A(2) I believe it is.
Yes, your Honor. I believe that Mr. Goldberg will be best able to address this. I think that we can take live testimony if Mr. Peratis, yes, I do. We have had contact with him in the past couple of days and it is not clear at all that this declaration by the physician is dispositive. I understand that the Defense does not want to allow Mr. Peratis to testify live to modify his testimony or explain what actually occurred when he drew Mr. Simpson's blood, but the People think it is very important that the jury get the truth of this matter and that the jury be informed of what actually transpired.
All right. When do you anticipate being able to do that, since this was just filed today?
If I may make a phone call--I was just handed this this morning as well. If I may call Mr. Goldberg, we have been working on this issue, as a matter of fact, to see when Mr. Peratis would be available and able to testify and in what manner. I can call Mr. Goldberg now. I can find out for the Court immediately.
Counsel, I understand that he has had some medical problems, but we will take it up when we have the hearing.
I'm sorry, there was one other thing I wanted to mention that I forgot. In a footnote in my brief with regard to the collateral impeachment witnesses I asked to see the Court in camera ex parte and I'm going to submit that under seal.
KEY QUOTEIn a nutshell, the motion seeks to declare Mr. Peratis unavailable and seeks to allow the introduction of his preliminary hearing testimony by video and portions of his grand jury testimony to be read.
I understand that the Defense does not want to allow Mr. Peratis to testify live to modify his testimony or explain what actually occurred when he drew Mr. Simpson's blood, but the People think it is very important that the jury get the truth of this matter.
For the record, your Honor, Mr. Peratis had a triple bypass surgery.
I'm sorry, there was one other thing I wanted to mention that I forgot. In a footnote in my brief with regard to the collateral impeachment witnesses I asked to see the Court in camera ex parte and I'm going to submit that under seal.