📄 Document preservation and case file retrieval — Wednesday, June 14, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUN\14\DOCUMENT-PRESERVATION-AND-CASE.DOC
TRIAL
▲ Day 95 of 167

Document preservation and case file retrieval

Date: Wednesday, June 14, 1995 • Utterances: 36
The court held a brief administrative session to track down a case file from the Coroner's office. Shapiro referenced the McGowan case — a prior capital murder matter in which a judge found factual innocence and ordered the DA to notify the Coroner of errors — as potentially impeaching material on Dr. Golden. Ito directed both sides to pull the full file before the noon recess so counsel could review it for cross-examination.
1 (The following proceedings were held in open court, out of the presence of the jury:)
2 THE COURT:

All right. Back on the record in the Simpson matter. All counsel and Defendant are again present, Mr. Shapiro and Mr. Kelberg for these purposes. Mr. Kelberg, you had something?

3 MR. KELBERG:

Very briefly. I have informed Mr. Shapiro that Mr. Hernandez from the Coroner's office called. He found no such memorandum from the District Attorney's office concerning Dr. Golden. He did a record search. And then Dr. Lakshmanan tells me that apparently you had talked to Mr. Hernandez as well.

4 THE COURT:

Yes.

5 MR. KELBERG:

That was the same information he had received.

6 THE COURT:

Apparently--apparently Mr. Shapiro had some information to the contrary, that there was some--some of these items in existence.

7 MR. KELBERG:

The form--Mr. Shapiro was going to show me a form which I am familiar with that's in the DME manual that is a suggested form to be used. But as to any completed form specifically with reference to Dr. Golden, the information is as I've indicated for the record. If Mr. Shapiro has something else, I will be glad to go back and search it out further.

8 MR. SHAPIRO:

Yes, we do, your Honor. We would ask the Court to direct Mr. Kelberg's attention to the case of George Wilson McGowan, M-C-G-O-W-A-N. The information that's been furnished to us is that there were direct orders issued by the Judge in that case to the District Attorney to notify the Coroner directly about errors that had taken place, and that resulted in a capital murder case being abruptly ended and the Judge making a finding of factual innocence.

9 MR. KELBERG:

If Mr. Shapiro has a Coroner's case number, it would certainly--

10 MR. SHAPIRO:

Yes, I do.

11 THE COURT:

Perhaps we can just pull that file in its entirety.

12 MR. SHAPIRO:

Dr. Lakshmanan has that number also.

13 MR. KELBERG:

Apparently he doesn't.

14 MR. SHAPIRO:

He reported it to a reporter from the Los Angeles Times on--

15 THE COURT:

Well, we need the Coroner's case number so we can get the file.

16 MR. SHAPIRO:

Yes. I am going to get that right now. We're inundated with a mass of documents. So if the Court would bear with me for a moment.

17 (Brief pause.)
18 MR. SHAPIRO:

We believe these were in response to Mr. Ralph Framalino's inquiry from the Los Angeles Times and it's referring to case no. 90-09679.

19 MR. KELBERG:

And does the Court wish Dr. Lakshmanan to call Mr. Hernandez at this moment?

20 THE COURT:

Yes. I'd like that to be available to the Court hopefully before the noon hour so counsel can have the opportunity to review the file, because I suspect it may be fodder for cross-examination.

21 MR. SHAPIRO:

Yes, your Honor.

22 MR. KELBERG:

For the record, your Honor, I have asked Dr. Lakshmanan to call Mr. Hernandez and have the entire case file with that number brought to the courtroom hopefully before the noon hour.

23 (Brief pause.)
24 THE COURT:

All right. Mr. Kelberg, do you have all the other exhibits handy that you need to proceed with?

25 MR. KELBERG:

At the moment I do, your Honor.

26 THE COURT:

All right.

27 MR. KELBERG:

I can't think of anything I can do without the witness.

28 THE COURT:

Well, is there another member of your staff who can make this phone call on his behalf?

29 MR. KELBERG:

If Dr. Lakshmanan can give Mr. Lynch the phone number, Mr. Lynch can certainly make the call.

30 THE COURT:

Please, since the Prosecution has another hour and eight minutes.

31 MR. KELBERG:

Well, your Honor, I hope the Court will understand the need to perhaps have a short period of the afternoon devoted to the completion of the time of death material since that appears to have been made a major issue, and I think the jury should have the benefit of as much information on it as scientifically as is available for their consideration.

32 THE COURT:

Well, we spent a lot of time on relative minutiae.

KEY QUOTE
33 MR. KELBERG:

Unfortunately, your Honor, my perspective in minutiae was raised long ago, and it's only at this point that we have an opportunity to show everyone it is minutiae.

KEY QUOTE
34 THE COURT:

Well, I just want to express to you my concern about undue consumption of time.

35 MR. KELBERG:

I understand. I have one short area other than the one that we are discussing right now before I get into time of death.

36 THE COURT:

All right. Deputy Magnera, let's have the jurors, please.

Temperature

procedural

Key Quotes (4)

Robert Shapiro
The information that's been furnished to us is that there were direct orders issued by the Judge in that case to the District Attorney to notify the Coroner directly about errors that had taken place, and that resulted in a capital murder case being abruptly ended and the Judge making a finding of factual innocence.
Establishes the stakes of the McGowan reference — prior judicial findings of Coroner error, directly relevant to Dr. Golden's credibility.
Lance A. Ito
Well, we spent a lot of time on relative minutiae.
Judge's open frustration with the pace and scope of the medical examiner testimony.
Brian Kelberg
Unfortunately, your Honor, my perspective in minutiae was raised long ago, and it's only at this point that we have an opportunity to show everyone it is minutiae.
Kelberg pushes back diplomatically, defending the depth of the time-of-death examination.
Lance A. Ito
I suspect it may be fodder for cross-examination.
Judge acknowledges the McGowan file has potential impeachment value before it has even been reviewed.

Evidence (3)

Informal
DA memorandum concerning Dr. Golden — searched for by Mr. Hernandez at the Coroner's office; not found
discussed, not produced
Informal
DME manual form — suggested template referenced by Kelberg as what Shapiro may have been referring to
discussed
Informal
Coroner's case file no. 90-09679 (George Wilson McGowan case)
requested by court, to be retrieved before noon

Notable Exchanges (2)

Robert ShapiroBrian KelbergLance A. Ito
Shapiro produces a specific case number (90-09679) tying the McGowan matter to a Los Angeles Times inquiry, prompting the judge to order the full file retrieved immediately for possible cross-examination use.
strategic
Lance A. ItoBrian Kelberg
Judge expresses concern about 'undue consumption of time' on the time-of-death material; Kelberg defends the depth of inquiry and requests additional afternoon time to complete it.
tense

Credibility Attacks (1)

⚔ Dr. Golden
prior bad acts / institutional record
Shapiro seeks the McGowan case file to establish a pattern of Coroner errors that previously led to a finding of factual innocence, laying groundwork to impeach Dr. Golden's autopsy findings.

Objections

None recorded
Proceeding 6377 • 36 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JUN 14, 1995 📄 Document preservation and case
JUN 14, 1995 KRT DvH TD