Sidebar: chain of custody

📄 Sidebar: chain of custody — Wednesday, June 14, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\14\SIDEBAR-CHAIN-OF-CUSTODY.DOC

TRIAL

▲ Day 95 of 167

◀ Direct examination of Dr. Lakshmanan Sathyavagiswaran (morning, part 1) Direct examination of Dr. Lakshmanan Sathyavagiswaran (morning, part 2) ▶

Date: Wednesday, June 14, 1995 • Utterances: 16

Defense attorney Robert Shapiro raised a preemptive objection to the use of chain of custody records as hearsay and challenged them under the best evidence rule. Prosecutor Brian Kelberg countered that official Coroner's office records qualify under Evidence Code section 1280 and that Proposition 8 superseded the best evidence rule. Judge Ito accepted the objection as a continuing objection but noted it was premature since no evidence had yet been offered.

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

# 2 MR. SHAPIRO:

Your Honor, we are going to--

# 3 THE COURT:

We are at the side bar. Mr. Shapiro.

# 4 MR. SHAPIRO:

We are going to interpose an objection to hearsay evidence regarding chain of custody through records as not being the best evidence, and ask that a proper foundation be laid for all evidence items regarding chain of custody.

KEY QUOTE

# 5 MR. KELBERG:

Your Honor, under I think it is City of Sonoma versus Grant W., official business records may be used to establish chain of custody. I will lay a foundation that each of those documents is an official record, that the entries are made by employees of the Coroner's office at or about the time of the events recorded. And counsel is actually referring to the best evidence rule under proposition 8. The best evidence rule no longer applies. It superseded the federal law by 352, if in some fashion the jury is misled by these documents, but a foundation can easily and will easily be laid with respect to these falling within 1280 of the evidence code as official records.

# 6 THE COURT:

All right. I will take the objection as a continuing objection at this point. It is, although, premature since nothing has been offered yet.

KEY QUOTE

# 7 MR. SHAPIRO:

Yes.

# 8 THE COURT:

I will take this as a continuing objection because I suspect they are going to try to lay a foundation for business records.

# 9 MR. KELBERG:

Exactly.

# 10 MR. SHAPIRO:

Need I make a foundation objection or will the Court rule?

# 11 THE COURT:

Assuming--you can make an objection after he has laid a foundation, if you feel it is inadequate.

# 12 MR. SHAPIRO:

Thank you.

# 13 MR. KELBERG:

Just for the record, it is official records, not business records.

KEY QUOTE

# 14 THE COURT:

Yes.

# 15 MR. KELBERG:

Thank you, your Honor.

# 16 THE COURT:

Thank you.

Temperature

procedural

Key Quotes (4)

Robert Shapiro

We are going to interpose an objection to hearsay evidence regarding chain of custody through records as not being the best evidence, and ask that a proper foundation be laid for all evidence items regarding chain of custody.

Sets up a blanket preemptive challenge to all chain of custody documentation before it is introduced.

Brian Kelberg

The best evidence rule no longer applies. It superseded the federal law by 352, if in some fashion the jury is misled by these documents.

Kelberg argues Proposition 8 effectively eliminated the best evidence rule as a standalone objection in California.

Lance A. Ito

I will take the objection as a continuing objection at this point. It is, although, premature since nothing has been offered yet.

Ito preserves the defense objection for the record without ruling on it, keeping the issue alive for when records are actually introduced.

Brian Kelberg

Just for the record, it is official records, not business records.

Kelberg sharpens the legal classification — the distinction matters because Evidence Code 1280 (official records) has different foundational requirements than business records.

Evidence (1)

Informal

Coroner's office chain of custody records (official records under Evidence Code 1280)

anticipated / objected to before introduction

Notable Exchanges (2)

Robert Shapiro•Brian Kelberg

Shapiro invoked the best evidence rule; Kelberg immediately countered that Proposition 8 superseded it, reframing the applicable law before the judge had to weigh in.

strategic

Robert Shapiro•Lance A. Ito

Shapiro asked whether he needed to re-raise a foundation objection after Kelberg lays foundation; Ito told him he could object again if the foundation is inadequate.

procedural

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 6375 • 16 utterances

Criminal Trial

Department 103