All right. Back on the record in the Simpson matter. All parties are again present without the jury. Counsel, two things. Normally, I ask for a stipulation before we play an audiotape, and I had forgotten to do that, a stipulation that the court reporter need not attempt to take down what is on the tape. Could I get a stipulation on this matter? Did we lose Mr. Shapiro? There he is.

We'll stipulate.

Mr. Kelberg?

Certainly, your Honor.

Also, the policy of this Court is to require transcripts of any audiotapes that are played for the jury. So I'm going to direct the Prosecution to file with the Court by close of business Friday a transcript of the portion of the tape that was played to the jury, but that should not be too difficult.

Your Honor, is there any need to provide a transcript of any portion other than that paragraph?

No. Just the portion that was played to the jury.

All right.

All right. Mr. Bailey, are you standing for a reason?

Good to see you again. Miss Clark.

I am standing for a reason, your Honor. Just minutes ago, we were given the amended motion of the Defense which now adds conceivably to the original motion filed.

The one that's set for Friday afternoon?

That's correct, your Honor. In light of the fact that they have still not given us the completed motion--this is an amended motion. They intend to amend it again with declarations, but not until tomorrow. And due to the fact that both Mr. Darden and myself will be presenting witnesses after the completion of the Coroner's testimony, I'm going to ask the Court to put over the hearing on this motion so that we are given time to respond to it and to absorb the additions to it that are being made at the last minute.

Well, let's see what the declarations are before we make that determination, keeping in mind that I also have to read these things and do the research and read the responses.

Correct. I mean, we have to be able to read the declarations and perhaps respond in writing to them with our own declarations. So I mean--

All right. I'm not going to make a determination about continuing that hearing. I would like to get that on and off as soon as possible. So let's see what's filed. If it is something extensive, perhaps I will agree with your position. If it is not extensive and can be dealt with in a rather quick fashion, I think we should do so. Okay. But let's see what's filed, okay? All right.

Your Honor, I have looked through the materials from the box from the District Attorney's office concerning this incident. I found nothing that correlated with the type of information Mr. Shapiro was seeking. Mr. Grace, obviously from what information he's provided to both Mr. Shapiro and me, has given no indication that such a document exists. Mr. Shapiro, we've given access to the District Attorney file with Mr. Grace standing next to him to confirm for himself what is there. I hate to keep Mr. Grace, but I do have a motion. If Mr. Shapiro intends to get into this area--because the bottom line is, there's nothing there. And not only is there nothing there, but there's also the issue of the admissibility, even the circumstances of the legal outcome separate and apart from the medical issue of significance.

And this document is a document which is an internal memorandum, recommendation and appraisal of special circumstances. What Mr. Shapiro is seeking is information that was sent to the Coroner's office and to the attention of any individual at the Coroner's office. That is not what this is.

Sounds like a special circumstances memo.

It is an amendment, if you will, summarizing the change in circumstances, your Honor. And again, I--my belief is, this is a matter that should be handled in other than the public eye. We have given Mr. Shapiro unprecedented access to look through our file without any claims of privilege so he can verify for himself. But Mr. Grace has personally told us that no such document exists.

Well, I think there's additional information here beyond what Dr. Lakshmanan has testified to regarding the findings of Dr. Golden and the significance, and I will read them into the record if you like or I will offer them at sidebar if you like.

All right. How about we do that at sidebar first to see what it is--

I think that's proper.

--when we get to that.

Yes.

Have you had enough time, Mr. Shapiro, to peruse the file in that matter?

Yes, I have, your Honor.

All right. Are you ready to proceed?

Yes. We're ready. May we get copies of these, your Honor, or just have Mr. Grace hold these?

All right. Mrs. Robertson, would you have one of the staff members make copies for me.

And, your Honor, Mr. Grace has kindly consented to sticking around for the rest of the afternoon in the event we get to this.

And I take it, Mr. Shapiro, Mr. Grace is going to remain in case there's any other questions?

Thank you. We appreciate that.

And I assume Mr. Shapiro will not inquire. I will finish very shortly.

Yes, you will.

I know. I understand, your Honor. But I do understand also that Mr. Shapiro will not ask any questions regarding this matter until there has been a determination by the Court.

He'll ask to approach at the time we get to that portion in cross-examination. All right. Let's have the jurors, please. And, counsel, we're going to 5:00 o'clock today. And, Mr. Shapiro, will you require some time to change over for cross-examination?

No, your Honor. We're ready.