Sidebar: crime scene notes

📄 Sidebar: crime scene notes — Monday, July 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\31\SIDEBAR-CRIME-SCENE-NOTES.DOC

TRIAL

▲ Day 125 of 167

◀ Cross-examination of Professor Herbert MacDonell (part 3) Cross-examination of Professor Herbert MacDonell (part 4) ▶

Date: Monday, July 31, 1995 • Lines: 26

Marcia Clark requests permission to show crime scene photos to a forensic witness and ask hypotheticals about how blood compression or swipe transfer could have occurred if Simpson was present at the scene. Judge Ito largely rejects the photo approach as argumentative but allows general hypothetical questioning about transfer mechanisms. A secondary dispute erupts over Neufeld's allegation that Clark told the jury she had not received the witness's notes, which Ito tabled.

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

# 2 THE COURT:

We are over at the sidebar. Where are you going?

# 3 MS. CLARK:

I want to talk to him about--

# 4 THE COURT:

You're about to wind it up, aren't you?

# 5 MS. CLARK:

I am. I want to finish with him today so badly. So that's why. I wanted to show him like one picture of the crime scene and ask him all the opportunities for swiping or compression transfer demonstrated by the conditions there. And I think another--a fair area of inquiry, given the fact he's gone into some lengths--he testified to the manner in which the stain could have been applied. You know, counsel would like to confine all this to conspiracy and all kinds of sinister things, but this witness has not allowed him to be so limited, and I think it's only fair that we allow for the possibility--

# 6 THE COURT:

You're going to ask him to look at the crime scene photos and say, is there anything here that looks like it could have caused this transfer? Is that what you are going to say?

# 7 MS. CLARK:

No. Really what I'm asking is, look, if the Defendant is there, he pulls back her neck, he steps back over the bloody neck or he steps or he brushes the ankle up against the blood step, isn't that a likely source of the blood that you see on there or likely manner in which it can be applied.

# 8 THE COURT:

Sounds like argument to me.

KEY QUOTE

# 9 MS. CLARK:

Well, but--okay.

# 10 THE COURT:

Off the record.

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

# 12 THE COURT:

Hold on, hold on, hold on. This is another issue.

# 13 MR. NEUFELD:

She said in front of the jury she never received those notes from the witness.

# 14 MS. CLARK:

You know, what they call a statement is two pages of notes. He got three. He's got three.

# 15 THE COURT:

Wait, wait, wait. We're not doing this now. We're not doing this now.

# 16 MR. NEUFELD:

Right there, three pages. You crossed it out because there were three pages.

KEY QUOTE

# 17 MS. CLARK:

I didn't see that.

# 18 THE COURT:

All right. I just want to resolve this issue first. This issue with the crime scene photos, I don't think so.

# 19 MS. CLARK:

Okay. Let me ask--if I ask him and he says he has seen them, can I ask him a hypothetical about how the compression or swipe could have occurred? Your Honor, if you don't allow me to ask questions that lay the foundation, how can I argue?

# 20 THE COURT:

No. He said blood--you know, a rubbing motion across the fiber. That's enough to say any number of things.

# 21 MS. CLARK:

You know--wait, wait, wait. How can I be cut off from asking questions of how a compression or swipe could have occurred?

# 22 THE COURT:

You can ask that question; how can these things occur, in your experience, how do these things occur?

# 23 MS. CLARK:

Okay.

# 24 MR. COCHRAN:

Enough help for them; don't you think?

KEY QUOTE

# 25 MS. CLARK:

That was help?

# 26 (The following proceedings were held in open court:)

Temperature

tense

Key Quotes (4)

Lance A. Ito

Sounds like argument to me.

Ito shuts down Clark's attempt to use crime scene photos to reconstruct Simpson's movements as improper argument rather than expert testimony.

Marcia Clark

if the Defendant is there, he pulls back her neck, he steps back over the bloody neck or he steps or he brushes the ankle up against the blood step, isn't that a likely source of the blood that you see on there or likely manner in which it can be applied.

Clark's proposed hypothetical asks whether contact with a bloody neck, a blood step, or blood could explain how the blood seen on an unspecified surface was applied.

Peter Neufeld

Right there, three pages. You crossed it out because there were three pages.

Neufeld accuses Clark of misrepresenting whether she received the witness notes.

Johnnie Cochran

Enough help for them; don't you think?

Cochran sarcastically needles the judge after Ito coaches Clark on how to phrase her question — a rare moment of levity cutting through the tension.

Evidence (2)

Informal

Crime scene photographs

Clark sought to show them to the witness; Ito denied the request

Informal

Witness notes — two or three pages disputed between parties

Defense alleges Clark told jury she never received them; Clark responds, 'I didn't see that.'

Notable Exchanges (3)

Marcia Clark•Lance A. Ito

Clark pushes back repeatedly after Ito limits her questioning on crime scene photos, arguing she cannot lay a foundation for closing argument without asking the questions. Ito ultimately threads the needle by allowing general hypothetical questions about transfer mechanisms without tying them to specific photos.

strategic

Peter Neufeld•Marcia Clark

Neufeld accuses Clark of telling the jury she never received the witness's notes and says, 'Right there, three pages.' Clark replies, 'I didn't see that.' Ito shuts down the dispute, saying it will be handled later.

heated

Johnnie Cochran•Marcia Clark

After Ito coaches Clark on how to rephrase her question, Cochran quips 'Enough help for them; don't you think?' Clark fires back 'That was help?' — a moment of shared dark humor.

light

Light Moments (1)

Johnnie Cochran / Marcia Clark

Cochran sarcastically complains the judge is giving the prosecution too much help; Clark responds with disbelief that Ito's restriction counts as help.

Credibility Attacks (1)

⚔ Marcia Clark

prior inconsistent statement

Neufeld alleges Clark told the jury she never received witness notes, then confronts her with what he claims are three pages of those notes in her possession.

Objections

None recorded

Proceeding 7072 • 26 lines

Criminal Trial

Department 103