Sidebar: photography evidence

📄 Sidebar: photography evidence — Monday, July 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\31\SIDEBAR-PHOTOGRAPHY-EVIDENCE.DOC

TRIAL

▲ Day 125 of 167

◀ Cross-examination of Professor Herbert MacDonell (part 2) Cross-examination of Professor Herbert MacDonell (part 3) ▶

Date: Monday, July 31, 1995 • Utterances: 6

Defense attorney Peter Neufeld briefly stipulates to the admission of photographs at a sidebar, noting that while he has no objection, he wants to ensure the jury understands the photos were taken on a specific date (February) rather than implying OJ Simpson was observed doing something on the date in question. Clark agrees without issue.

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

# 2 MR. NEUFELD:

Very simple. I have no objection to the photographs. When she said, "Did you see him do this," I'm sure it was unintentional by the Prosecution, but also, it could have happened on April 16 when he was twisting the socks and this guy didn't see it. As long as she--I will stipulate these pictures were taken on February--whatever they were.

KEY QUOTE

# 3 THE COURT:

Okay.

# 4 MR. NEUFELD:

Just so the jury isn't left with a mistaken--

KEY QUOTE

# 5 MS. CLARK:

Sure. No problem.

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

Temperature

procedural

Key Quotes (3)

Peter Neufeld

I have no objection to the photographs.

Defense concedes admissibility, making this a cooperative rather than contested moment.

Peter Neufeld

it could have happened on April 16 when he was twisting the socks and this guy didn't see it

Reveals a defense theory that sock manipulation occurred on April 16, a reference to evidence-tampering allegations.

Peter Neufeld

Just so the jury isn't left with a mistaken--

Defense concern is about jury perception and potential misattribution of when the photographed act occurred.

Evidence (2)

Informal

Photographs taken in February (date unspecified), subject of stipulation

stipulated to by defense

Informal

Socks alleged to have been twisted/manipulated on April 16

discussed informally as context for stipulation

Notable Exchanges (1)

Peter Neufeld•Marcia Clark

Neufeld stipulates to photographs but flags a concern about jury misunderstanding; Clark immediately agrees to the clarification.

cooperative

Objections

None recorded

Proceeding 7070 • 6 utterances

Criminal Trial

Department 103