📄 Stipulations: body photographs and telephone records — Thursday, July 6, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUL\6\STIPULATIONS-BODY-PHOTOGRAPHS-.DOC
TRIAL
▲ Day 109 of 167

Stipulations: body photographs and telephone records

Date: Thursday, July 6, 1995 • Utterances: 20
Marcia Clark reads a series of agreed-upon stipulations into the record covering Juditha Brown's testimony about the evening of June 12, 1994 (the eyeglasses, the phone calls, Nicole's signature), the authenticity of OJ Simpson's and Juditha Brown's telephone records, and the accuracy of coroner and crime scene photographs of both victims. The proceeding ends with the People formally resting their case.
1 MS. CLARK:

First stipulation, counsel, with respect to the testimony of Juditha Brown: May it be stipulated that Juditha Brown was called as a witness, duly sworn and testified as follows: She's the mother of Nicole Brown Simpson, the decedent and named victim in count 1 of this action; on June the 12th, 1994, she attended a dance recital where her granddaughter, Sidney Simpson, performed; thereafter, she accompanied her daughter Nicole, granddaughter Sidney and other family members to the Mezzaluna restaurant for a post-recital celebration; upon arriving, she inadvertently dropped the pair of eyeglasses marked as part of the exhibit designated as People's exhibit 32, which were intact prior to that point, outside the restaurant; at approximately 9:37 P.M. on June the 12th, 1994, Juditha Brown telephoned the Mezzaluna restaurant and spoke to an employee named Karen Crawford, who has testified previously in this case; Miss Brown asked Miss Crawford to locate the eyeglasses and hold them for pick-up at a later time by Nicole Brown Simpson; Miss Crawford located the eyeglasses and agreed to set them aside for Nicole Brown Simpson; this conversation lasted approximately two minutes; at approximately 940 P.M., Juditha Brown telephoned her daughter, Nicole Brown Simpson, reaching her at her daughter's residence located at 875 south Bundy drive in the city of Los Angeles; Juditha Brown conversed with Nicole Brown Simpson for approximately 2 minutes; Nicole Brown Simpson stated that she would arrange for the retrieval of Juditha Brown's eyeglasses; this was the last time that Juditha Brown spoke to her daughter, Nicole Brown Simpson? It is further stipulated that Juditha Brown examined the eyeglasses contained in the exhibit marked People's 32 and testified these were the eyeglasses that she left at the Mezzaluna restaurant on June the 12th, 1994 and were the subject of her conversations with Karen Crawford and Nicole Brown Simpson. It is further stipulated that Juditha Brown testified that she was familiar with the handwriting of her daughter, Nicole Brown Simpson, and Juditha Brown testified that she examined the Bloomingdales Department store charge card receipt marked as People's exhibit 372-A and 372-B and that the signature "Nicole Brown" on those documents appeared to have been written by her daughter, Nicole Brown Simpson. Counsel, may it be so stipulated?

2 MR. COCHRAN:

So stipulated, your Honor.

3 MS. CLARK:

And does the Court receive the stipulation, your Honor?

4 THE COURT:

Thank you, counsel. The Court will receive and accept the stipulation. And ladies and gentlemen, as I indicated to you previously, a stipulation is an agreement between the parties as to the facts of the case. Miss Clark.

5 MS. CLARK:

Thank you, your Honor. Secondly, counsel, may it be stipulated that the following telephone records, which include records that have been marked as exhibits in this case, were prepared in normal and regular course of business at or around the time of the information contained within the records and that the records accurately reflect the information contained therein? That is for the following records: One, the Defendant Orenthal James Simpson, his complete GTE telephone Bill dated June the 25th, 1994 for telephone number--I'd like not to read that out loud at this time.

6 THE COURT:

We'll agree that it is the Defendant's--was the Defendant's phone number.

7 MR. COCHRAN:

I would so stipulate, that that was his phone number.

8 MS. CLARK:

Thank you, counsel. And, two, Juditha Brown's complete GTE telephone Bill dated July 4th, 1994, again, for the telephone number that is stated in the stipulation the jurors will see, but may it be stipulated that was her phone number as of that date?

9 MR. COCHRAN:

So stipulated, yes.

10 THE COURT:

All right. That stipulation is accepted by the Court.

11 MS. CLARK:

Thank you very much, your Honor. Counsel, may it be further stipulated that the photographs contained in People's 354 now being shown to the jury fairly and accurately depict the body of Nicole Brown Simpson, including the condition of her right and left hands as they appeared at approximately 10:00 to 10:30 A.M. on June the 13th, 1994, when the Coroner's representatives examined her body? So stipulated?

12 MR. COCHRAN:

Again, so stipulated, your Honor.

13 THE COURT:

Thank you.

14 MS. CLARK:

And, counsel, may it also be stipulated that the photograph contained in People's exhibit 358-B depicts the front neck area of Ronald Goldman and that it is a fair and accurate depiction of the condition of that area as it appeared at approximately 10:00 to 10:30 A.M. on June the 13th, 1994, when the Coroner's representatives examined his body?

15 MR. COCHRAN:

Again, so stipulated.

16 MS. CLARK:

Counsel, do you further stipulate that the photographs marked "CS" on People's exhibit 359, which is now being shown to the jury, fairly and accurately show the condition of the area depicted in each photo as it existed on June the 13th, 1994, after the police found the bodies of Ronald Goldman and Nicole Brown Simpson and that the photographs marked "S" on that same exhibit fairly and accurately depict the areas at 875 south Bundy near where the body of Ronald Goldman was found as of April 1995; and further, will counsel stipulate that in the scene photos taken in April of 1995, the foliage is more dense and includes the presence of more and longer shoots extending from multiple stumps and bushes?

17 MR. COCHRAN:

Again, so stipulated, counsel.

18 MS. CLARK:

Thank you. Does the Court accept the stipulation?

19 THE COURT:

All right. Stipulations will be received by the Court. Counsel, thank you very much. All right. Is there anything further from the People?

20 MS. CLARK:

At this time, subject to the receipt of the People's exhibits into evidence, the People rest.

KEY QUOTE

Temperature

procedural

Key Quotes (3)

Marcia Clark
This was the last time that Juditha Brown spoke to her daughter, Nicole Brown Simpson.
Establishes the final known contact between Nicole and her mother at approximately 9:40 PM on June 12, 1994 — anchoring the prosecution's timeline shortly before the murders.
Marcia Clark
At this time, subject to the receipt of the People's exhibits into evidence, the People rest.
The prosecution formally closes its case-in-chief in the civil trial.
Marcia Clark
In the scene photos taken in April of 1995, the foliage is more dense and includes the presence of more and longer shoots extending from multiple stumps and bushes.
Anticipates a potential defense argument about crime scene visibility or access — stipulating to foliage growth between June 1994 and April 1995.

Evidence (7)

People's 32
Juditha Brown's eyeglasses, dropped outside Mezzaluna restaurant on June 12, 1994
Authenticated via stipulation; Juditha Brown identified them as hers
People's 372-A and 372-B
Bloomingdale's Department Store charge card receipt bearing Nicole Brown Simpson's signature
Authenticated via stipulation; Juditha Brown identified the signature as Nicole's
Informal
OJ Simpson's complete GTE telephone bill dated June 25, 1994
Stipulated as a business record accurately reflecting calls; phone number withheld from courtroom reading
Informal
Juditha Brown's complete GTE telephone bill dated July 4, 1994
Stipulated as a business record accurately reflecting calls
People's 354
Photographs of Nicole Brown Simpson's body, including condition of her hands, taken at approximately 10:00–10:30 AM on June 13, 1994
Stipulated as fair and accurate depiction at time of coroner examination
People's 358-B
Photograph of Ronald Goldman's front neck area, taken at approximately 10:00–10:30 AM on June 13, 1994
Stipulated as fair and accurate depiction at time of coroner examination
+ 1 more

Notable Exchanges (2)

Marcia ClarkLance A. Ito
Clark asks to avoid reading OJ Simpson's phone number aloud; Ito agrees the jury will see it in writing, keeping it from the public record of the proceeding.
routine
Marcia ClarkJohnnie Cochran
Cochran agrees to every single stipulation without modification, objection, or qualification — reflecting a defense strategy of not contesting foundational facts that cannot be disputed.
strategic

Objections

None recorded
Proceeding 6662 • 20 utterances
Criminal Trial
Department 103
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📂 JUL 6, 1995 📄 Stipulations: body photographs
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