Exhibit handling and witness list

📄 Exhibit handling and witness list — Wednesday, July 5, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\5\EXHIBIT-HANDLING-AND-WITNESS-L.DOC

TRIAL

▲ Day 108 of 167

◀ Jury instructions Direct examination of Douglas Deedrick (part 1) ▶

Date: Wednesday, July 5, 1995 • Lines: 43

A brief pre-jury housekeeping session covering three administrative matters: Clark submitted current crime scene photographs of Bundy for the court's records, Darden pressed for the defense witness list (pending Mr. Douglas's arrival), and Bailey requested color copies of Deedrick's spectral absorption charts. The session also included a quick clarification that the court's no-contact order regarding Dr. Kary Mullis was specific to Mullis and did not bar the People from contacting other experts.

# 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. Mr. Simpson is again present before the Court with his counsel, Mr. Shapiro, Mr. Bailey, Mr. Blasier. The People are represented by Miss Clark, Mr. Darden and Mr. Escobar. The jury is not present. Counsel, anything we need to take up before we invite the jurors to rejoin us?

# 6 MS. CLARK:

Yes, your Honor. The Court instructed us to prepare photographs of the crime scene at Bundy in the manner in which it currently appears, and I have done so. I gave a copy of these photographs to the Defense and this is the Court's copy. Would you like me to give it to the clerk?

# 7 THE COURT:

Why don't you give it to the clerk and I will take a look at it when we are in recess. Thank you, counsel.

# 8 MR. DARDEN:

Your Honor, I believe last week you instructed the Defense to provide us with a witness list this morning.

# 9 THE COURT:

I don't see Mr. Douglas. Mr. Shapiro, are we anticipating Mr. Douglas' arrival shortly?

# 10 MR. SHAPIRO:

I believe so, your Honor.

# 11 THE COURT:

All right. As soon as Mr. Douglas arrives, we will take care of that, since he is the person appointed by the Defense to handle those discovery matters, but I anticipate we should resolve that this morning.

# 12 MR. DARDEN:

Thank you.

# 13 MS. CLARK:

Mr. Goldberg would like to address the Court very briefly if he may.

# 14 THE COURT:

As to what issue?

# 15 MR. GOLDBERG:

Good morning, your Honor.

# 16 THE COURT:

As to what issue, counsel?

# 17 MR. GOLDBERG:

We just wanted a clarification on the Court's ruling regarding Mr. Harmon not being allowed to contact Mr. Mullis. It seemed pretty specific to us and it seemed to us that that would not prohibit the People from sending letters to other experts to invite them to interview with our office.

# 18 THE COURT:

That was a specific request by Dr. Mullis not to be contacted any further.

# 19 MR. GOLDBERG:

That is all we wanted to clarify. Thank you.

# 20 THE COURT:

Anything else?

# 21 MR. BAILEY:

Your Honor, the witness currently giving evidence has colored charts which relate to color absorption across the spectrum, graphs, and I'm just wondering if we have received all that he has, because we would like to copy them in color. The ones we have are black and white and they really don't tell us what we would like to know.

# 22 THE COURT:

Do you have those available?

# 23 MR. DEEDRICK:

I have them.

# 24 THE COURT:

Do you have copies available?

# 25 MR. DEEDRICK:

No, I don't.

# 26 THE COURT:

All right. Mr. Bailey, do you want some additional time to take a look at them or are you prepared to go forward.

# 27 MR. BAILEY:

We would like to look at them and make copies at Kinko's during the recess.

# 28 (Discussion held off the record between Defense counsel.)

# 29 MR. BAILEY:

We think there may be some we haven't seen before.

# 30 THE COURT:

Miss Clark tells me that you have seen everything she has got.

KEY QUOTE

# 31 MS. CLARK:

Yeah.

# 32 MR. BAILEY:

Well--

# 33 THE COURT:

All right. Then we will talk about making copies available over the lunch hour.

# 34 MR. BAILEY:

All right. I have an idea these things may be displayed this morning.

# 35 MS. CLARK:

No.

# 36 THE COURT:

I assume--

# 37 MS. CLARK:

No, we won't, and as a matter of fact, Mr. Morton and Mr. Deedrick were just comparing notes and Mr. Morton has more charts than we do currently here.

# 38 MR. MORTON:

I have one that he didn't have with him and there are some we don't have or at least I don't have.

# 39 MS. CLARK:

That you don't have.

# 40 MR. MORTON:

Right.

# 41 THE COURT:

All right. Well, we will play trading cards with these exhibits at the noon hour.

KEY QUOTE

# 42 MS. CLARK:

But I don't intend to use the charts, and if any change in that occurs, we will approach the bench and I will let counsel know.

# 43 THE COURT:

All right. Anything else? All right. Let's have the jurors, please.

Temperature

routine

Key Quotes (3)

Lance A. Ito

All right. Well, we will play trading cards with these exhibits at the noon hour.

Ito's dry humor about the differing and uncertain holdings of Deedrick's charts.

Lance A. Ito

Miss Clark tells me that you have seen everything she has got.

Ito relaying Clark's assurance to Bailey that no charts were withheld — Bailey remained skeptical.

Hank Goldberg

It seemed pretty specific to us and it seemed to us that that would not prohibit the People from sending letters to other experts to invite them to interview with our office.

Goldberg explained the People's view that the no-contact restriction was specific to Mullis and did not prohibit contacting other experts.

Evidence (2)

Informal

Crime scene photographs of Bundy Drive in current condition, prepared per court instruction

submitted to clerk by Clark

Informal

Deedrick's colored charts concerning color absorption across the spectrum

discussed; defense seeking color copies amid differing and uncertain chart holdings

Notable Exchanges (2)

F. Lee Bailey•Marcia Clark•Lance A. Ito

Bailey said the defense might not have seen some of Deedrick's color charts; Ito relayed Clark's assurance that Bailey had seen everything she had; the People's own consultant Mr. Morton described differing chart holdings and qualified that some were missing from his own set.

mildly contentious, resolved pragmatically

Hank Goldberg•Lance A. Ito

Goldberg sought clarification that the no-contact order regarding Dr. Kary Mullis was limited to Mullis personally, allowing the People to approach other experts. Ito confirmed it was Mullis-specific.

procedural

Light Moments (1)

Lance A. Ito

Ito quipped 'we will play trading cards with these exhibits at the noon hour' amid uncertainty and differing accounts about which Deedrick charts were available.

Objections

None recorded

Proceeding 6633 • 43 lines

Criminal Trial

Department 103