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 • Lines: 6

At a sidebar, Peter Neufeld said he had no objection to the photographs and offered to stipulate that they were taken in February, while seeking to avoid leaving the jury with a mistaken impression about whether an unnamed person was seen performing the referenced act. Marcia Clark agreed 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.

Neufeld directly states that he has no objection to the photographs; Clark's agreement to his requested clarification makes the exchange cooperative rather than contested.

Peter Neufeld

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

Highlights Neufeld's stated possibility that the socks were twisted on April 16 without being seen by the person he referenced.

Peter Neufeld

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

Expresses concern that the jury might be left with a mistaken impression.

Evidence (2)

Informal

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

Peter Neufeld offered to stipulate that the photographs were taken in February, with the precise date unspecified

Informal

Neufeld's stated possibility that the socks were twisted on April 16

discussed informally as context for stipulation

Notable Exchanges (1)

Peter Neufeld•Marcia Clark

Neufeld offers to stipulate to when the photographs were taken but flags a concern about jury misunderstanding; Clark immediately agrees to the clarification.

cooperative

Objections

None recorded

Proceeding 7070 • 6 lines

Criminal Trial

Department 103