Sidebar: scope of carpet fibers

📄 Sidebar: scope of carpet fibers — Wednesday, July 5, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\5\SIDEBAR-SCOPE-OF-CARPET-FIBERS.DOC

TRIAL

▲ Day 108 of 167

◀ Direct examination of Douglas Deedrick (part 1) Direct examination of Douglas Deedrick (part 2) ▶

Date: Wednesday, July 5, 1995 • Utterances: 16

A brief sidebar in the OJ Simpson civil trial where Judge Ito clarifies the permissible scope of a carpet fiber expert's testimony. The court rules that the witness may testify about his initial microscopic examination and findings prior to a subsequent 'Masland inquiry,' but cannot discuss conclusions reached during that later investigation. The sidebar ends with casual discussion about whether testimony will wrap up before the end of the day.

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

# 2 THE COURT:

We are over at the side bar. I take it, Mr. Bailey, your objection is the scope, the prohibited scope running the rarity of the fabric?

# 3 MR. BAILEY:

I would ask that you give the Prosecution some guidance. I think we are walking perilously close to the information.

# 4 MS. CLARK:

I already asked the Court about this. I previously asked the Court, outside the presence of the jury, as to the permissibility of asking his conclusions and findings made prior to the Masland inquiry. The Court indicated that that would be acceptable, that was within the bounds, and that is all we are doing.

# 5 THE COURT:

He can say that he examined it, compared it with the known carpet fibers. He can say it looked unusual to him by his initial microscopic examination, the triangular shape of it. He can say, yes, it was unusual, and they appeared to be the same.

KEY QUOTE

# 6 MS. CLARK:

Right. And that is all we are doing. We are not going to talk about what he discovered after.

# 7 MR. BAILEY:

We are stopping right there?

KEY QUOTE

# 8 MS. CLARK:

He can talk about what he knew at the time he was making the examination. He can discuss his--his opinion of the fiber he saw based on what he knew at the time that he was making that comparison, as I understand it, but he cannot talk about the further inquiry that he conducted and that is all we are doing.

# 9 THE COURT:

Are we going to do any light absorption, anything like that?

# 10 MS. CLARK:

Yeah. We have a couple of charts that we had looked at but I decided--

# 11 THE COURT:

I just wanted to know if we are going to wind it up in the next 15 minutes and the answer is no if we are going to explain light absorption.

KEY QUOTE

# 12 MR. BAILEY:

6:00 today, Judge?

# 13 THE COURT:

Wednesday is a five o'clock day.

# 14 MS. CLARK:

But we might finish cross today you think? Why not?

# 15 THE COURT:

Maybe. He is a cut-to-the-chase kind of guy.

KEY QUOTE

# 16 MS. CLARK:

He is. He is. I know, so maybe we will.

Temperature

procedural

Key Quotes (4)

Lance A. Ito

He can say that he examined it, compared it with the known carpet fibers. He can say it looked unusual to him by his initial microscopic examination, the triangular shape of it. He can say, yes, it was unusual, and they appeared to be the same.

Defines the exact evidentiary boundary the witness must stay within — initial visual comparison is allowed, but rarity/Masland findings are not.

F. Lee Bailey

We are stopping right there?

Confirms Bailey's concern is about the line being clearly drawn before testimony continues.

Lance A. Ito

I just wanted to know if we are going to wind it up in the next 15 minutes and the answer is no if we are going to explain light absorption.

Reveals Ito's pragmatic focus on pacing and court schedule.

Lance A. Ito

Maybe. He is a cut-to-the-chase kind of guy.

Light moment — Ito offers a casual character assessment of the witness, signaling a relaxed close to the sidebar.

Evidence (2)

Informal

Carpet fiber sample with triangular cross-section, compared against known carpet fibers via microscopic examination

discussed — scope of testimony being delimited

Informal

Light absorption charts prepared by prosecution

mentioned but Clark indicated she may not use them given time constraints

Notable Exchanges (2)

Marcia Clark•Lance A. Ito

Clark explains she had previously sought and received the court's guidance on permissible scope outside the jury's presence; Ito restates the ruling clearly for the record.

strategic

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

After resolving the evidentiary issue, the sidebar drifts into scheduling talk about finishing by 5 or 6 o'clock and whether cross-examination might wrap up the same day.

light

Light Moments (1)

Lance A. Ito

Ito quips that the witness is 'a cut-to-the-chase kind of guy,' prompting Clark to agree enthusiastically and speculate they might finish early.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 6635 • 16 utterances

Criminal Trial

Department 103