Sidebar: witness schedule

📄 Sidebar: witness schedule — Monday, July 24, 1995

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C:\DEPT103\CRIMINAL\1995\JUL\24\SIDEBAR-WITNESS-SCHEDULE.DOC

TRIAL

▲ Day 120 of 167

◀ Cross-examination of Dr. Fredric Rieders (part 2) Morning session opening ▶

Date: Monday, July 24, 1995 • Utterances: 52

A bench conference to work out Dr. Rieders' availability for the remainder of his testimony, given his upcoming heart examination and planned family trip to Vienna. Judge Ito negotiated with Marcia Clark to start Friday's session at 8:30 AM so they could finish Rieders before the court's 11 AM hard stop. The conference also touched briefly on scheduling for the following day, including witnesses Martz, Peratis, and MacDonell, and a pending glove motion.

# 1 (The following proceedings were held at the bench:)

# 2 THE COURT:

Doctor, what's your schedule tomorrow? When are you planning on leaving?

# 3 DR. RIEDERS:

I have to go back to--I have to get a good night's sleep because on Thursday, I finally got a medical appointment, thorough heart examination. I've had two angioplasties, one in December, one in April.

# 4 THE COURT:

When are you available next?

# 5 DR. RIEDERS:

I can--I am sorry. I will make it a point if there's a flight on Thursday after the examination I hope unless, of course, I'm hospitalized, which I doubt that, I will fly out here and I'll make myself available Friday. The following Monday, I and 14 others, family members, are ticketed to fly to Vienna for a week meeting and for a family reunion. I'm from Vienna. And I would be very, very upset if I could not hold that because this is the only chance I will have to take my family to where I was born. I also have some meetings scheduled at General Hospital at the university for presentations.

# 6 THE COURT:

How long are you going to be out of town?

# 7 DR. RIEDERS:

And I'll be back on the 9th or 10th of August.

# 8 THE COURT:

The problem is, we're going to be quitting Friday at 11 o'clock sharp because I have a plane to catch as well. How much more?

# 9 MS. CLARK:

About an hour.

# 10 MR. BLASIER:

I don't have a lot of redirect.

# 11 MS. CLARK:

We could finish this tomorrow morning.

# 12 MR. BLASIER:

He can't get back in time and do what the doctor told him to do to prepare for this test.

# 13 THE COURT:

Yeah. How about if on Friday we started at 8 o'clock?

# 14 MS. CLARK:

Huh?

# 15 THE COURT:

We start at 8 o'clock.

# 16 MS. CLARK:

When?

# 17 THE COURT:

Friday.

# 18 MS. CLARK:

I can't.

# 19 THE COURT:

You have to, Marcia. You have to make arrangements. We've made a lot of accommodations for you. The reason we have to quit at 11 o'clock is for my reasons. I would like for you to accommodate me in this situation.

KEY QUOTE

# 20 MS. CLARK:

I--Judge, I would love to, but--can we seal this?

# 21 THE COURT:

Yeah. Off the record.

# 22 (A conference was held at the bench, not reported.)

# 23 THE COURT:

Okay. Friday morning, 8 o'clock.

# 24 MS. CLARK:

Can we make it 8:30?

# 25 THE COURT:

Marcia, 8 o'clock, I want to finish this guy.

KEY QUOTE

# 26 MS. CLARK:

We will. 8:30. From 8:30 to 11:00. We will finish him. We'll be done.

# 27 THE COURT:

Promise?

# 28 MS. CLARK:

Promise.

# 29 MR. BLASIER:

8:30?

# 30 THE COURT:

8:30 on the dot. Tomorrow we'll have Martz?

# 31 MR. BLASIER:

We'll put him on. Then we're going to have hearings on MacDonell.

# 32 MR. COCHRAN:

We think we can fill the time although we're leaving at 4:00 anyway and--4 o'clock tomorrow?

# 33 THE COURT:

Tomorrow is 4 o'clock.

# 34 MR. COCHRAN:

I think with Martz, Peratis and MacDonell.

# 35 MS. CLARK:

What else are we going to do on MacDonell?

# 36 MR. COCHRAN:

Our guys will be here and ready.

# 37 MS. CLARK:

We don't have a report from him indicating what he will testify to. So we need a 402 on that. And given the fact that I believe that the blood drying experiment to be clearly inadmissible, that leaves us with no admissible testimony in any report or notes to which he can testify. So we have no idea--

# 38 THE COURT:

I thought I ruled that he could testify to what he observed.

# 39 MR. SCHECK:

Actually whatever Gary Sims testified to. That looked like blood is what Gary--you said he could say.

# 40 MS. CLARK:

I don't think Gary said that. I don't want to get into that right now.

# 41 THE COURT:

He didn't say it looked like blood. He didn't say that. He didn't say that. He said it looked like a red powdery substance is all he said.

# 42 MR. BLASIER:

Somebody else said--

# 43 MR. SCHECK:

I think I did.

# 44 MS. CLARK:

Doesn't matter for our purposes right now. That's 10 minutes of testimony. He's done. That's all they want to call him for. So--

# 45 THE COURT:

Okay. Doctor, we'll see you Friday. Be here at 8 o'clock, doctor.

# 46 MR. SCHECK:

We have the glove motion.

# 47 (At 3:55 P.M., an adjournment was taken until, Tuesday, July 25, 1995, 9:00 A.M.)

# 48 APPEARANCES:

Janet M. Moxham, CSR #4588 Christine M. Olson, CSR #2378 official reporters

# 49 FOR THE PEOPLE:

Gil Garcetti, District Attorney by: Marcia R. Clark, William W. Hodgman, Christopher A. Darden, Cheri A. Lewis, Rockne P. Harmon, George W. Clarke, Scott M. Gordon Lydia C. Bodin, Hank M. Goldberg, Alan Yochelson and Darrell S. Mavis, Brian R. Kelberg, and Kenneth E. Lynch, Deputies 18-000 Criminal Courts Building 210 West Temple Street Los Angeles, California 90012

# 50 FOR THE DEFENDANT:

Robert L. Shapiro, Esquire Sara L. Caplan, Esquire 2121 Avenue of the Stars 19th floor Los Angeles, California 90067 Johnnie L. Cochran, Jr., Esquire by: Carl E. Douglas, Esquire Shawn Snider Chapman, Esquire 4929 Wilshire Boulevard Suite 1010 Los Angeles, California 90010 Gerald F. Uelmen, Esquire Robert Kardashian, Esquire Alan Dershowitz, Esquire F. Lee Bailey, Esquire Barry Scheck, Esquire Peter Neufeld, Esquire Robert D. Blasier, Esquire William C. Thompson, Esquire

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I N D E X

index for volume 192 pages 38371 - 38611

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Day date session page vol.

Monday July 24, 1995 A.M. 38371 192 P.M. 38480 192

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# 51 LEGEND:

Ms. Clark-mc Mr. Hodgman-h Mr. Darden d Mr. Kahn-k Mr. Goldberg-gb Mr. Gordon-g Mr. Shapiro-s Mr. Cochran-c Mr. Douglas-cd Mr. Bailey-b Mr. Uelmen-u Mr. Scheck-bs Mr. Neufeld-n

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CHRONOLOGICAL INDEX OF WITNESSES

DEFENSE witnesses direct cross redirect recross vol.

Rieders, 38392BB 192 Fredric (Resumed) 38495BB 38521MC

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ALPHABETICAL INDEX OF WITNESSES

WITNESSES direct cross redirect recross vol.

Rieders, 38392BB 192 Fredric (Resumed) 38495BB 38521MC

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EXHIBITS

COURT'S for in exhibit identification evidence page vol. Page vol.

18 - 2-page report 38390 192 by Fredric Rieders

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PEOPLE'S for in exhibit identification evidence page vol. Page vol.

537 - 1-page document 38523 192 entitled "Aliphatic Acids"

538 - 5-page document 38533 192

539 - 3-page report 38572 192 entitled "FDA Regulations"

540 - Graph 38572 192 with arrows (Computer printout)

541 - Chart 38578 192 entitled "EDTA Analysis"

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DEFENSE for in exhibit identification evidence page vol. Page vol.

1258 - Photograph 38408 192 of two purple-topped tubes

1257-G - Slide 38421 192 presentation entitled "EDTA" (Computer printout)

1257-I - Slide 38427 192 presentation entitled "EDTA" (Computer printout)

1257-J - Slide 38428 192 presentation entitled "EDTA" (Computer printout)

1257-A - Slide 38408 192 presentation entitled "EDTA" (Computer printout)

1257-C - Slide 38416 192 presentation entitled "EDTA" (Computer printout)

1257-D - Slide 38418 192 presentation entitled "EDTA" (Computer printout)

1257-F - Slide 38420 192 presentation entitled "EDTA" (Computer printout)

1257-K - Slide 38429 192 presentation entitled "EDTA" (Computer printout)

1257-L - Slide 38429 192 presentation entitled "EDTA" (Computer printout)

1257-M - Slide 38430 192 presentation entitled "EDTA" (Computer printout)

1257-N - Slide 38433 192 presentation entitled "EDTA" (Computer printout)

1257-P - Slide 38434 192 presentation entitled "EDTA" (Computer printout)

1259-A and 1259-B - 38439 192 diagrams - District Attorney no. 4088 and 4094 respectively

1257-Q - Slide 38445 192 presentation entitled "EDTA" (Computer printout)

1257-R - Slide 38446 192 presentation entitled "EDTA" (Computer printout)

1259-C - Chart 38448 192 District Attorney no. 4100

1260-A and 1260-B - 38452 192 charts - District Attorney no. 4084 and 4049 respectively

1257-S - Slide 38454 192 presentation entitled "EDTA" (Computer printout)

1261 - Chart 38499 192 entitled "EDTA analysis"

1262-A and 1262-B - 38502 192 graphs - District Attorney no. 4077 and 4070 respectively

1257-B - Slide 192 (Not marked on presentation entitled "EDTA" the record) (Computer printout)

1257-E - Slide 192 (Not marked on presentation entitled "EDTA" the record) (Computer printout)

1257-H - Slide 192 (Not marked on presentation entitled "EDTA" the record) (Computer printout)

1257-O - Slide 192 (Not marked on presentation entitled "EDTA" the record) (Computer printout)

# 52 WITNESS:

Fredric Rieders-forensic toxologist

Temperature

procedural

Key Quotes (5)

Dr. Fredric Rieders

I have to get a good night's sleep because on Thursday, I finally got a medical appointment, thorough heart examination. I've had two angioplasties, one in December, one in April.

Establishes the medical urgency driving the scheduling conflict and humanizes the expert witness.

Dr. Fredric Rieders

I would be very, very upset if I could not hold that because this is the only chance I will have to take my family to where I was born.

Personal stakes the witness has in resolving the schedule — adds texture to the human cost of protracted testimony.

Lance A. Ito

You have to, Marcia. You have to make arrangements. We've made a lot of accommodations for you. The reason we have to quit at 11 o'clock is for my reasons. I would like for you to accommodate me in this situation.

Rare moment of Ito asserting reciprocal obligation on Clark, revealing scheduling tensions have been ongoing.

Lance A. Ito

Marcia, 8 o'clock, I want to finish this guy.

Unusually blunt phrasing from the judge; shows his impatience with the pace of the Rieders examination.

Lance A. Ito

Promise?

The judge extracting a personal promise from Clark that they will finish Rieders by 11 AM — unusually informal but revealing of the dynamic.

Evidence (2)

Informal

MacDonell's blood drying experiment — Clark argues it is clearly inadmissible

discussed, admissibility disputed

Informal

Gary Sims testimony about a 'red powdery substance' — debated as the basis for MacDonell's observations

discussed

Notable Exchanges (2)

Lance A. Ito•Marcia Clark

Ito pushes for 8 AM Friday start; Clark negotiates to 8:30, extracts a promise from her, and she promises they will finish Rieders.

strategic

Marcia Clark•Barry Scheck•Lance A. Ito

Brief dispute over what MacDonell can testify to — Clark argues his blood drying experiment is inadmissible and his remaining testimony is minimal; Scheck and Ito disagree about what Gary Sims actually said on the stand.

tense

Light Moments (2)

Marcia Clark

Clark asks to go off the record mid-sentence — 'I would love to, but—can we seal this?' — apparently to explain a personal conflict preventing the 8 AM start.

Lance A. Ito

Ito and Clark go back and forth like haggling over a start time — 8:00, then 8:30, then a literal 'Promise?'/'Promise.' exchange.

Objections

None recorded

Proceeding 7003 • 52 utterances

Criminal Trial

Department 103