📄 Jury recess — Tuesday, July 25, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUL\25\JURY-RECESS.DOC
TRIAL
▲ Day 121 of 167

Jury recess

Date: Tuesday, July 25, 1995 • Utterances: 60
After the jury was dismissed for the afternoon, Judge Ito held a brief administrative session to mark exhibits, organize pending motions, and schedule the next day's proceedings. The session covered exhibit numbering for DNA-related graphs, deferral of Fuhrman and other motions until attorney Uelmen could be present, and logistics for completing Agent Martz's testimony given a shortened court day due to a staff funeral.
1 MS. CLARK:

Want me to break here?

2 THE COURT:

All right. Ladies and gentlemen, we're going to take our recess as far as the jury is concerned for the afternoon. Please remember all of my admonitions to you; don't discuss the case amongst yourselves, don't form any opinions about the case, don't conduct any deliberations until the matter has been submitted to you, do not allow anybody to communicate with you with regard to the case. As far as the jury is concerned, we'll stand in recess until 1:30 tomorrow afternoon. All right. Let's clear the jury, and we'll have argument on some of the motions. All right. And, Agent Martz, you are ordered to come back tomorrow afternoon at 1:30.

3 (The following proceedings were held in open court, out of the presence of the jury:)
4 THE COURT:

All right. Back on the record in the Simpson matter. The jury is not present. And we have a number of motions that have been filed with the Court that have yet to be resolved. Counsel, what's your pleasure?

5 MS. CLARK:

Your Honor, if I may interrupt briefly just to mark some exhibits so I can leave them with Deirdre, if that's all right with the Court, because I don't want to lose then.

6 THE COURT:

Certainly.

7 MS. CLARK:

The legal page with the post-it cut out on it, People's--I'm sorry--People's 548.

8 THE COURT:

548, legal page with post-it cut out.

9 (Peo's 548 for id = legal page)
10 MS. CLARK:

And the printouts that we did of the graphs put together, your Honor, there's four of those, I'm going to ask that they be marked 549 through--

11 THE COURT:

Wouldn't you rather append them to the group to which they belong?

12 MS. CLARK:

I would. Can I do that without marking them then separately?

13 THE COURT:

I would suggest that they be made a sub exhibit of the group so that it makes--so that they're coherently in one group.

14 MS. CLARK:

Okay. Why don't we make it then--that's a good idea. Thank you, your Honor--543, sub 1, 543, sub 2--

15 THE COURT:

No. It will have to be 543-D, it will have to be 544-A--excuse me--e.

16 MS. CLARK:

Yeah. 543--

17 THE COURT:

I'll tell you what. Why don't you consult with Mrs. Robertson and we'll put it on the record tomorrow morning.

18 MS. CLARK:

Okay.

19 THE COURT:

All right? Okay. Thank you.

20 MS. CLARK:

I'll try not to leave them here then.

21 THE COURT:

No. Leave them with Mrs. Robertson.

22 MS. CLARK:

We're going to have to reprint them anyway in more clearer form. I got my hand in one of them.

23 THE COURT:

Well, it gives it that personal touch.

KEY QUOTE
24 MS. CLARK:

It does.

25 THE COURT:

As you like. But leave the originals tonight with Mrs. Robertson. All right?

26 MS. CLARK:

Thank you, your Honor.

27 THE COURT:

Please. All right. What's up? I have a whole stack of motions here. What do you want to--

28 MR. COCHRAN:

Yes. I believe, your Honor, that--

29 MS. LEWIS:

I'll get up and talk first, your Honor. I believe the Defense had wanted to put over a little bit the--

30 THE COURT:

Well, I'm sorry. Mr. Cochran was addressing the Court.

31 MS. LEWIS:

Oh, I'm sorry. I got to the podium first. I thought that's what counted.

KEY QUOTE
32 MR. COCHRAN:

As we--Miss Lewis had missed out. Your Honor, when we were back in chambers, we indicated that Mr. Uelmen will be here tomorrow, as I indicated to the Court. So certain of the motions, the motions dealing with KNBC and Tracie Savage and Michelle Kestler, we ask leave of the Court to go over until tomorrow because--and the one dealing with--and the Fuhrman motions. He will be handling those. And with regard to--since Dr. MacDonell will be the next witness if we ever conclude Agent Martz, we would ask the Court to listen to Mr. Neufeld with regard to that motion.

33 THE COURT:

All right.

34 MR. COCHRAN:

Thank you, your Honor.

35 MS. LEWIS:

Your Honor, so that I may retreat upstairs, do you know what time for the Fuhrman and other motions tomorrow?

36 THE COURT:

At this point, it's kind of hard to say since we have a shortened court day tomorrow because the court staff is going to be attending the funeral. We have to finish Agent Martz--Miss Clark, how much more do you have?

37 MS. CLARK:

I don't think more than half an hour. I mean probably a lot less than that. That's the outside.

38 THE COURT:

Are we going to finish with Agent Martz tomorrow?

39 MR. BLASIER:

Oh, certainly. Well, I'll be done with him.

40 THE COURT:

Okay.

41 MS. CLARK:

We'll finish.

42 THE COURT:

All right. And then what do we have after--then we need Mr.--Dr. MacDonell, correct?

43 MS. CLARK:

Mr. MacDonell.

44 THE COURT:

All right. Well, my guess is late afternoon.

45 MS. LEWIS:

All right. Thank you.

46 THE COURT:

All right. Mr. Neufeld.

47 MR. NEUFELD:

Your Honor, I believe it's the People's motion here. So I think they have the burden.

48 THE COURT:

All right.

49 MR. NEUFELD:

Also, your Honor, I don't know if you had a chance to review my submission. I got here about 11:45, but for reasons that had nothing to do with this case, I was not allowed in to serve everyone at that time, and I wanted to try to get you the papers before lunch so that you could have an opportunity to review them. It is essential that you review them before we have oral argument. Otherwise, the argument will sound rather nonsensical. So if you haven't had a chance to look at it yet, I would ask that we recess for 15 minutes to give you that opportunity.

50 THE COURT:

All right. I confess, I came back, this stuff was here. I have not read it.

51 MR. NEUFELD:

Could we do that if that's acceptable to the Court?

52 THE COURT:

Sure: Happy to.

53 MS. LEWIS:

Your Honor, before doing that, earlier this afternoon, I served a subpoena duces tecum upon Mr. Cochran because we had information that a tape that is relevant to the case was given to Mr. Pavelic and therefore would be under Mr. Cochran's custody and control, and we did make the return for that tomorrow which, given that Mr. Cochran is in court every day, we thought was sufficient time. I don't know if they're going to be contesting that subpoena or not, but I wanted to alert the Court that we had done that.

54 THE COURT:

All right. Okay. All right. Let me take a few minutes then and--yes.

55 MR. BLASIER:

One quick item. During Dr. Rieders' cross-examination, Miss Clark was using a transcript, and she indicated that she would provide me with a copy of that. I haven't gotten that. I would just ask that that complete transcript be provided to me tomorrow so I have some time to look at it.

56 MS. CLARK:

Absolutely.

57 THE COURT:

All right. In fact, why don't you have it available--the indication was, there was a copy available yesterday. So I'll direct that they give that to you by the close of business today.

58 MS. CLARK:

I asked that they bring it down that day. I don't know what happened.

59 THE COURT:

All right. I saw somebody come in with a loose-leaf notebook. All right. Let me sit down and read this thing.

60 (Recess.)

Temperature

routine

Key Quotes (4)

Lance A. Ito
Well, it gives it that personal touch.
Ito jokes about Clark getting her hand on one of the printed exhibits, showing the lighter tone of post-jury administrative sessions.
Cheri Lewis
Oh, I'm sorry. I got to the podium first. I thought that's what counted.
Mild courtroom humor as Lewis and Cochran jockeyed for the floor; Ito corrected her by deferring to Cochran.
Peter Neufeld
It is essential that you review them before we have oral argument. Otherwise, the argument will sound rather nonsensical.
Neufeld requested a 15-minute recess so Ito could read his submission before oral argument on the MacDonell motion.
Cheri Lewis
I served a subpoena duces tecum upon Mr. Cochran because we had information that a tape that is relevant to the case was given to Mr. Pavelic and therefore would be under Mr. Cochran's custody and control.
Reveals the prosecution had subpoenaed Cochran's office for a potentially relevant tape connected to investigator Joseph Pavelic.

Evidence (2)

People's 548
Legal page with post-it cut out
marked for identification
People's 543 sub-exhibits (pending final designation)
Printed graph printouts related to Agent Martz's testimony, four pages total
discussed for numbering; deferred to morning session with court clerk Mrs. Robertson

Notable Exchanges (3)

Cheri LewisJohnnie CochranLance A. Ito
Lewis reached the podium first and began to address the Court, but Ito corrected her and deferred to Cochran, who had already been recognized. Lewis quipped that getting to the podium first should count.
light
Cheri LewisLance A. Ito
Lewis informed the Court she had served a subpoena duces tecum on Cochran's office for a tape allegedly given to investigator Pavelic, alerting Ito to potential forthcoming motion practice on the subpoena.
strategic
Robert BlasierMarcia ClarkLance A. Ito
Blasier requested a copy of the transcript Clark used during Dr. Rieders' cross-examination; Clark agreed and Ito directed it be produced by close of business.
procedural

Light Moments (2)

Lance A. Ito
Clark mentioned she got her hand on one of the graph printouts, smearing it; Ito quipped 'Well, it gives it that personal touch.'
Cheri Lewis
Lewis joked 'I got to the podium first. I thought that's what counted.' after being corrected for speaking out of turn.

Objections

None recorded
Proceeding 7016 • 60 utterances
Criminal Trial
Department 103
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📂 JUL 25, 1995 📄 Jury recess
JUL 25, 1995 KRT DvH TD