All right. Ladies and gentlemen, let me ask you just to step back into the jury room for just a few moments and I need to take up something out of your presence on the record.
The jury has withdrawn from the courtroom. Apparently we have a dispute as to the order of the witnesses and who is ready to do what. Next witness that the Defense wishes to call is Miss Guarin; is that correct?
That is correct, your Honor. We would like to call Miss Guarin to the stand and what I would like to point out to the Court is we have indicated to the Prosecution, much better than they ever did for us, your Honor, the number of witnesses we expected to call. And in the course of our trying our case the way we want to we give them the names. If we opt not to call a particular witness, then we take that witness off. We give them enough witnesses, more than enough. Much more than we got. With regard to Gigi Guarin, she has been on the list and she is now necessitated because of your Honor's inclination to push Dr. Rieders back and Mr. Martz--Agent Martz. If this happens, I ask Mr. Douglas to go and try and line up some witnesses that we were not going to have available today.
He will have to decide the way he wants to do that, but I am just indicating to the Court that you have said many, many times we have a right to call our witnesses in the order that we want to. And so I had Mr. Douglas rummage around trying to find witnesses, and at this point I understand that we brought Gigi Guarin in. We had her come in immediately. I understand that agent Mull--police officer Mulldorfer is in the building, and if I inquire for a moment, I will talk to Mr. Douglas about the rest of the day.
We are going to get Detective Tom Lange and trying to get Detective Haro and I imagine Detective Luper here, so if we can get those we can fill out the day, but it is necessitated by virtue of the fact that the Court--Mr. Blasier is supposed to be up moving with witnesses at this point. And so now we're--and because we don't want to waste time in this case, we are trying to use--fill in with witnesses that we expect to call later on in the case. At this point, and as the Court can tell, many of them are police officers and the Court knows they will have some relevant testimony and they will not be long. But as to whether or not some of the other witnesses--I just wanted to point out to the Court, we told the People, we have given them the notice and we are moving ahead. Now, if we decide not to call a particular witness on a particular date, I will always tell them that. And you know--and I want to point out to this Court again, just briefly, about two weeks before the People rested Mr. Darden stood in this Court and gave me a list of five so-called domestic discord witnesses. Miss Clark came down and said we are not calling any more of those witnesses. We didn't cry or run off--we didn't make a big hubbub about that, your Honor. We just moved on. And that is all I'm asking to do. I want to put these witnesses on and move on. The problem we are having is if we are not going to be able to call Rieders tomorrow, we are going to be out of the so-called civilian witnesses that we would otherwise call, and I want to make the Court aware of that.
Your Honor, just an hour ago Mr. Cochran told me they wanted Detective Mulldorfer down here, and I sent my clerk upstairs to get the file on, Detective Mulldorfer and Meraz and that whole mess. Now, they are telling us they don't want her here. Detective Mulldorfer has been in this courthouse waiting to testify for Mr. Cochran for three days, your Honor.
No. Mr. Cochran just said that he was going to get to Mulldorfer probably after Guarin is what I just heard.
I heard that six or seven times a day for the past three days and so has Detective Mulldorfer.
KEY QUOTEIn addition, they gave us a list that included Ernesto Rivas and Scott Matsuda from Westec, Dale St. John, and a whole slew of other people. None of the people that have been mentioned to us as being witnesses for this week have included Detective Lange or Detective Luper. This is new.
The issue is fairness, I think, but as far as Gigi Guarin is concerned, we have never gotten an offer of proof from the Defense. We don't know what she would testify to or not.
Well, Miss Guarin has testified on other--at other hearings. We know who she is. She has been the housekeeper of Mr. Simpson for a couple of years. There is a multiplicity of things that she can testify to. I mean, she is present in the household. Her presence or absence on June the 12th was one of the issues that that is been brought up. Even the location of her bedroom in the proximity to the door in the back is an issue in the case. I mean, there is a whole--there is a jillion and one things she can tell us.
That's right, and half a jillion things she can tell us are inadmissible, irrelevant, prejudicial and shouldn't be presented before this jury and that is why we would like an offer of proof.
And there is a half a jillion--I don't disagree with the Court on that, but I would like an offer of proof, just like Mr. Cochran's next to last question to the last witness--
The only real issue is whether or not it is any surprise that she is coming and it is not a surprise to me.
With regard to June 28th? I think it is very relevant. Let me just indicate to the Court what I think--why I think it is relevant. First of all, I have indicated at side the bar, and I gave the Court an offer of proof which the Court indicated was entirely appropriate. To expand upon that, in addition to the other items we've talked about, I think June 28th is also very relevant, your Honor. She was present, if you recall, at this other hearing, and I think it is very relevant to this jury if on June 28th these police officers are sitting around Mr. Simpson's family room watching videos of frogman and she is--and they can't turn the TV off or adjust it after that, I think that is very relevant with regard to their attitude--their attitudes they have in the case. As we have indicated with every witness, when there is any--any issue, when there is a question, we have, unlike the Prosecution, approached the bench and asked the Court when we get to that point and that is all we do.
Is that what he did when he asked a question? Is that what he did when he asked a question about Detective--
Counsel, we are not going to be back and forth on this. I think Miss Guarin, because of her position with Mr. Simpson's household, can offer relevant testimony as to multiplicity of issues. It is not a surprise that she has come. We will take her testimony--we will start her testimony at one o'clock.
When I get to that point, your Honor, I would like to approach and make an offer of proof on the record.
May I inquire of the Court and may I ask the Court to assist us in asking Mr. Cochran who will he be calling after--
Okay. Lange and Luper are not on their three-day witness list and we object to that.
They are on the list. Mr. Douglas--can we hear from Mr. Douglas on this discovery?
No. Detective Luper's name just came up. He will be here to say what was your instruction to Mr. Ford? Detective Lange could be called for any number of reasons. He was not released. He was subject to recall. All right. We will stand in recess--
Detective Lange can pop up at any point in time to clarify what goes, since he is one of the investigating officers. All right. We will stand in recess, one o'clock.
I mean, there is a jillion and one things she can tell us.
I heard that six or seven times a day for the past three days and so has Detective Mulldorfer.
We didn't cry or run off--we didn't make a big hubbub about that, your Honor. We just moved on.
I think it is very relevant to this jury if on June 28th these police officers are sitting around Mr. Simpson's family room watching videos of frogman and she is--and they can't turn the TV off or adjust it after that.