Your Honor, there is one more matter I believe this morning, your Honor, the--I served Mr. Cochran with a subpoena duces tecum. Did the Court have an opportunity to see that? I filed it with the Court yesterday so that you could take a look.
I--as the interview that was conducted by the D.A., as that little typewritten statement says, the witness Gretchen Stockdale confirms the truth of what was reported in the--the New York Daily News article, on May 13th indicating that Mr. Simpson had called Miss Stockdale saying that he was finally at a place in his life where he is totally unattached with everybody and so forth, so that is information that the Prosecution, that tape, which Miss Stockdale made of that phone call, conversation is evidence which the Prosecution has a right to. This witness said that she had only one copy and she gave that sole copy to Mr. Pavelic, the Defense investigator, so we are not trying to use the subpoena process for discovery. We are trying to get it--get evidence which we already knew from an independent source exists and the only copy of which was given to the Defense.
Your Honor, our position on this is completely consistent with the position asserted by the Prosecution in response to Defense subpoenas, and that is that the reciprocal discovery law itself specifically provides that it is to be the exclusive means of obtaining discovery of evidence, and the appropriate way to proceed in this case is by a discovery request. Our position of course would be that this is not evidence that we are required to disclose, that it is rebuttal evidence in case this witness is called. It is not evidence of the crime within the meaning of the--of the Meredith case that the Defense has any obligation to turn over, and we do not intend to call Gretchen Stockdale as a witness, so there was no obligation under the discovery law to turn this over.
KEY QUOTEYour Honor, this is--this is physical evidence that the Prosecution has a right to. They can't shield evidence by having a witness give to it them and hide it from the Prosecution. This--the witness did voluntarily interview with us and she indicated this is where this particular cassette tape went. We are not in the situation of discovery at all really with regard to this cassette tape.
All right. So I think what you need to do is file a motion to compel the production of this tape. I agree with Mr. Uelmen, that the subpoena duces tecum upon Defense counsel is not a mechanism authorized by 1054. All right. All right. Let's take a recess for fifteen and we will start with Mr. MacDonell.
Mr. Simpson had called Miss Stockdale saying that he was finally at a place in his life where he is totally unattached with everybody and so forth
They can't shield evidence by having a witness give it to them and hide it from the Prosecution.
Our position on this is completely consistent with the position asserted by the Prosecution in response to Defense subpoenas, and that is that the reciprocal discovery law itself specifically provides that it is to be the exclusive means of obtaining discovery of evidence.
The subpoena duces tecum upon Defense counsel is not a mechanism authorized by 1054.