All right. Back on the record in the Simpson matter. Mr. Simpson is again present before the Court with his counsel, Mr. Shapiro, Mr. Cochran. The People are represented by Mr. Kelberg and Mr. Lynch. Also present is Mr. Darden and Ms. Lewis.
Good afternoon, your Honor. Your Honor, I'm here just to ask the Court to set a date for a hearing on a discovery motion which I filed this morning. I faxed it to the Defense. I don't know if they have had an opportunity to read that fax. I have also left copies at counsel table for them. It is basically reiterating what we have gone through in the past. I also want to note, your Honor, that we were promised a report from Dr. Gerdes by what Mr. Blasier called the end of next week, which would have been last Friday. We still have not received that. We have not received one single report of an expert of theirs, so we would like this calendared as soon as possible to be heard. There are a couple of legal issues.
All right. We do have two matters already set on the 16th, and Mrs. Robertson, do you want to refresh my recollection why we have June 21st circled?
May I say something just a moment? I have not seen the motion but I believe with regard to Dr. Gerdes, I know Mr. Blasier has requested that report. Mr. Blasier is back east and I want to make sure, so he will be handling that, and I'm sure the report will be here. But with regard to the discovery motion, the 23rd will probably be good enough for us.
Your Honor, my only concern is that we are getting close to--we are not only beyond thirty days before trial, we are practically to the Defense case. Reciprocal discovery becomes meaningless given our lack of receipt of discovery from the Defense.
Counsel, here is the thing. You filed the motion. They are entitled to ten day's notice.
I don't believe they are, your Honor. This is not a pretrial motion. This is a motion to get them to comply with orders of this Court.
You find me a court rule that says that any motion is exempt from the ten day notice and I will reconsider that.
I don't mean to be disrespectful to the Court. It is just that we are very eager for this information.
23rd at 1:30. It is just that we have got so many other things that we would like to get to between now and then and we also have two other extensive motions set on the 16th.
One brief comment for the record because I have already advised Mr. Shapiro and Dr. Wolf as it may affect her schedule. Over the weekend, and in consultation with my colleagues, I have decided that we will not call Dr. Golden, which has the ancillary benefit of providing me with an exit from the courtroom, not that I don't enjoy being down here with this Court and counsel, but I have other matters that I can attend to.
But I may get out two or three days early, so I have made that determination. We didn't feel that the jury needed to have two or three days of wasted testimony, in our judgment, because all of the evidence that he could provide is provided by the witness now testifying. So we want to get the case to the jury and that is why we have made that decision. It is my decision ultimately, because I am the lawyer presenting this evidence, so if responsibility is to flow, it flows onto my shoulders.
Have you given Mr. Cochran and Mr. Shapiro any head's up as to who will be coming then after Dr. Lakshmanan?
Yes. My understanding is that Mr. Bodziak from the FBI concerning shoeprint evidence would be our next witness, presented, I believe, by Mr. Goldman.
Good afternoon. I can add this. Mr. Bodziak may not be ready to go immediately after the Coroner. In the event that that is the case, we will call the witnesses relative to the purchase of the gloves at Bloomingdales. That would consist of approximately five witnesses. Counsel has discovery, so they should be ready.
Excuse me, Mr. Cochran. While I'm still thinking about it, when will Mr. Bodziak be available?
I'm not sure. That will be Miss Clark's witness. It is not just a matter of him being available or being ready as well. We have changed the schedule, the witness schedule, drastically.
Thrill all of us, your Honor. With regard to the witness that he is talking about with regard to Bloomingdales, I have previously said with Prosecution if we can arrange to meet with the lawyers for the Defense meeting with the lawyers from the Prosecution, because we could save some time as we go over that, so I will try to carve out some time with Mr. Darden with regard to each of these witnesses and see if we can reach--
Before we get started, Mr. Kelberg, can I ask you to rescue your materials from the railing.
Your Honor, one final matter regarding the testimony of Dr. Golden. We would ask the Court to request of Mr. Kelberg that we would like to subpoena Dr. Golden and ask his assistance in that regard and have him here for the beginning of our case in July as our witness.
--Dr. Golden works every working day. He does not take sick days, as I understand it. His office is very close by. I would anticipate no difficulty. I don't know of any vacation schedule that he may have, but I would anticipate absolutely no difficulty--
Mr. Kelberg, if you would then, after our first break, why don't you talk to Dr. Lakshmanan, make sure that Mr. Golden is available first half of July.
I'm sure we can do that informally. All right. Deputy Magnera, let's have the jurors, please.
Your Honor, just briefly, this Friday the two motions that are going to be heard, the first one concerns allegations with regard to jurors. What is the other one?
We didn't feel that the jury needed to have two or three days of wasted testimony, in our judgment, because all of the evidence that he could provide is provided by the witness now testifying.
So we may finish with the Prosecution case this month? All right. That would thrill me to death.
Reciprocal discovery becomes meaningless given our lack of receipt of discovery from the Defense.