Morning session opening

📄 Morning session opening — Tuesday, July 25, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\25\MORNING-SESSION-OPENING.DOC

TRIAL

▲ Day 121 of 167

◀ Sidebar: witness schedule Jury greeting ▶

Date: Tuesday, July 25, 1995 • Utterances: 36

Judge Ito opens the session with appearances and briefly addresses scheduling. Barry Scheck raises a pending issue about RFLP testing on combined stains from the Bronco console, noting results are coming in and a ruling is needed before end of week. The court also notes Dr. Rieders is absent due to a medical appointment in Philadelphia and will return Friday to complete cross-examination.

# 1 (Appearances as heretofore noted.)

# 2 (Janet M. Moxham, CSR no. 4855, official reporter.)

# 3 (Christine M. Olson, CSR no. 2378, official reporter.)

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

# 5 THE COURT:

All right. Back on the record in the Simpson matter. The Defendant is again present before the court with his counsel, Mr. Cochran, Mr. Scheck, Mr. Blasier. The People are represented by Miss Clark, Mr. Harmon and Miss Kahn. The jury is not present. Counsel, anything we heed to take up before we--

# 6 MR. BLASIER:

No, your Honor.

# 7 THE COURT:

--proceed to Mr. Martz?

# 8 MR. BLASIER:

No, your Honor.

# 9 THE COURT:

Miss Clark?

# 10 MS. CLARK:

No, your Honor. May I ask for a point of clarification?

# 11 THE COURT:

Certainly.

# 12 MS. CLARK:

When did we set the MacDonell motions?

# 13 THE COURT:

We are going to launch into motions today at four o'clock and see how far we get.

# 14 MS. CLARK:

Okay. Thank you.

# 15 THE COURT:

And today we have another early ending time at four o'clock, so take up some motions and see if we can get some of that extraneous stuff out of the way.

KEY QUOTE

# 16 MR. SCHECK:

Your Honor, one--

# 17 THE COURT:

And tomorrow's schedule we will not convene until 1:30 on Wednesday.

# 18 MR. SCHECK:

Your Honor, as to the scheduling matter--

# 19 THE COURT:

Yes.

# 20 MR. SCHECK:

--the issue that you had put on the back burner about the RFLP testing being conducted by the Department of Justice on the combined stains from the console of the Bronco.

# 21 THE COURT:

I'm trying to recollect.

# 22 MR. SCHECK:

That was the one where there was A--they asked for permission to combine all the stains and then waited for a month and a half, two months, and you said I don't have to reach that issue because we don't have any results yet. I was informed that they have completed two probes and they might call one of them and I'm going to get some pictures maybe back at my hotel today, and I've discussed a little bit with Mr. Harmon, but I think that we just have to schedule a time to hear that sometime before the end of the week since we heed to know what the Court's ruling is going to be on whether they can introduce that so then we can structure how these Defense witnesses can testify.

KEY QUOTE

# 23 THE COURT:

All right. Deputy Magnera, let's have the jurors, please.

# 24 (Brief pause.)

# 25 THE COURT:

And counsel, we'll start, the Court will explain that Dr. Rieders had a medical appointment in was it Philadelphia?

# 26 MR. BLASIER:

Philadelphia.

# 27 THE COURT:

That he will be returning to complete cross-examination on Friday.

# 28 MR. COCHRAN:

Right, depending on the schedule, obviously.

# 29 THE COURT:

Right.

# 30 MR. COCHRAN:

Thank you.

# 31 (Brief pause.)

# 32 THE COURT:

And what is Agent Martz' first name?

# 33 MS. CLARK:

Roger.

# 34 THE COURT:

Roger.

# 35 MS. CLARK:

Roger.

# 36 (Brief pause.)

Temperature

routine

Key Quotes (2)

Barry Scheck

That was the one where there was A--they asked for permission to combine all the stains and then waited for a month and a half, two months, and you said I don't have to reach that issue because we don't have any results yet.

Scheck is flagging that a previously deferred evidentiary ruling on RFLP Bronco stain testing can no longer be delayed — results are arriving and defense witnesses' testimony depends on the court's ruling.

Lance A. Ito

And today we have another early ending time at four o'clock, so take up some motions and see if we can get some of that extraneous stuff out of the way.

Reveals the compressed schedule and Ito's characteristic efficiency — he frames pending motions as 'extraneous stuff.'

Evidence (1)

Informal

RFLP testing conducted by the Department of Justice on combined stains from the console of the Bronco

discussed — Scheck reports two probes completed, photos expected, ruling needed before end of week

Notable Exchanges (1)

Barry Scheck•Lance A. Ito

Scheck presses the court to schedule a hearing on the Bronco console RFLP results before end of week, explaining that defense witness structure depends on the ruling. Ito acknowledges but pivots to bringing in the jury.

strategic

Light Moments (1)

Lance A. Ito

Ito asks the room what Agent Martz's first name is; Clark supplies 'Roger' twice.

Witness Demeanor

(Brief pause.)

Objections

None recorded

Proceeding 7017 • 36 utterances

Criminal Trial

Department 103