DNA reports distribution and witness scheduling

📄 DNA reports distribution and witness scheduling — Monday, June 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\19\DNA-REPORTS-DISTRIBUTION-AND-W.DOC

TRIAL

▲ Day 98 of 167

◀ Motion: Holmes and Redfern testimony admissibility Direct examination of William Bodziak (morning, part 1) ▶

Date: Monday, June 19, 1995 • Utterances: 42

Judge Ito distributes newly received DNA reports from Gary Sims and Collin Yamauchi's colleague Robin Cotton — actually from Sims and Montgomery dated June 16th — along with two large forensic science packages, giving originals to the prosecution and copies to the defense. The parties then confirm the upcoming witness order: shoes, domestic violence, DNA, Airtouch, hair/trace/fiber, with shoe witnesses Bodziak and Poser up first. The session includes brief scheduling notes about an early break the following day for a juror's graduation.

# 1 THE COURT:

All right. All right. Counsel, I have received from the California Department of Justice two additional DNA reports from Mr. Sims and Miss Montgomery. And let me ask Miss Martinez, would you come forward, please. Give one copy to each side.

# 2 (Brief pause.)

# 3 THE COURT:

And this is a report dated by Mr. Sims and Miss Montgomery June 16th. Also, I have received two large packages from the Department of Justice Bureau of Forensic Sciences, two additional packages. And let me give the original to the Prosecution and a copy to the Defense on this as well.

# 4 (Brief pause.)

# 5 THE COURT:

All right. Counsel, anything else before the Prosecution calls their next witness?

# 6 MR. COCHRAN:

Could we just on the record--we have had some informal conversations--can we get a statement that the People's case is kind of shifting here at the end? Can we get a definitive statement about the order of witnesses again, where we are going to go this week, so that we will know and prepare and I can get lawyers here.

# 7 THE COURT:

Miss Clark, have we finished the gloves?

# 8 MS. CLARK:

For now.

# 9 THE COURT:

For now. All right. Then we were supposed to have shoes, domestic violence and DNA with Airtouch and hair and trace and fiber.

KEY QUOTE

# 10 MS. CLARK:

That's right.

# 11 THE COURT:

In that order?

# 12 MS. CLARK:

That's what I think.

# 13 THE COURT:

All right. So I should expect shoes next?

# 14 MS. CLARK:

Yes.

# 15 THE COURT:

Shoes today?

# 16 MS. CLARK:

Yes, right now.

# 17 THE COURT:

And how many witnesses are you going to be calling besides Mr. Bodziak.

# 18 MR. GOLDBERG:

One.

# 19 MS. CLARK:

One other.

# 20 THE COURT:

Who is that?

# 21 MS. CLARK:

Mr. Poser.

# 22 MR. GOLDBERG:

Yes.

# 23 THE COURT:

All right.

# 24 MS. CLARK:

I just had one question. What is our schedule for tomorrow, your Honor?

# 25 THE COURT:

My recollection is one of our jurors has to attend a graduation somewhere quite distant and I think we are going to break at approximately 3:30.

# 26 MS. CLARK:

I thought I had heard that. I wanted to make sure.

# 27 THE COURT:

It has been on the calendar.

# 28 MR. COCHRAN:

I thought we were going to six o'clock. I'm sorry, your Honor.

# 29 THE COURT:

Well, Mr. Cochran, I will ask the juror if--

# 30 MR. COCHRAN:

Only kidding, your Honor. Only kidding.

KEY QUOTE

# 31 THE COURT:

All right. Anything else before we invite the jurors to join us? Mr. Darden.

# 32 MR. DARDEN:

Your Honor, on the glove issue--

# 33 THE COURT:

Yes.

# 34 MR. DARDEN:

--we are going to revisit that issue again, I don't know which day, and I would ask that Mr. Cochran keep his file relative to the glove handy.

KEY QUOTE

# 35 MR. COCHRAN:

Which issue are you talking about?

# 36 MR. DARDEN:

The glove.

# 37 MR. COCHRAN:

They haven't had enough of the gloves yet, your Honor. Okay. We will be ready.

KEY QUOTE

# 38 THE COURT:

All right. Anything else?

# 39 MS. CLARK:

Not right now, your Honor. Thank you.

# 40 THE COURT:

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

# 41 (Brief pause.)

# 42 THE COURT:

All right. Thank you. Please be seated. Let the record reflect that we have been rejoined by all the members of our jury panel. Good morning, ladies and gentlemen.

THE JURY: Good morning.

Temperature

routine

Key Quotes (4)

Marcia Clark

For now.

Clark's hedge on whether the glove phase is truly finished signals the prosecution may revisit it — confirmed moments later by Darden.

Christopher Darden

We are going to revisit that issue again, I don't know which day, and I would ask that Mr. Cochran keep his file relative to the glove handy.

Darden formally puts the defense on notice that glove evidence is not done, suggesting the prosecution has more to introduce.

Johnnie Cochran

They haven't had enough of the gloves yet, your Honor. Okay. We will be ready.

Cochran's wry response signals confidence — the defense welcomed continued glove focus after the famous demonstration.

Johnnie Cochran

Only kidding, your Honor. Only kidding.

Cochran briefly jokes about keeping jurors until 6 o'clock, showing the relaxed tone of this administrative session.

Evidence (2)

Informal

DNA reports from Gary Sims and Robin Montgomery, California Department of Justice, dated June 16th

distributed to both sides by the court

Informal

Two large packages from the Department of Justice Bureau of Forensic Sciences

distributed — originals to prosecution, copies to defense

Notable Exchanges (2)

Christopher Darden•Johnnie Cochran

Darden asks Cochran to keep his glove file handy for a future revisit; Cochran responds with dry humor, suggesting the defense is unbothered by more glove focus.

strategic with levity

Johnnie Cochran•Lance A. Ito

Cochran jokes he thought court ran until 6 o'clock tomorrow, then immediately walks it back — 'Only kidding, your Honor.'

light

Light Moments (2)

Johnnie Cochran

Cochran pretends he expected court to run until 6 o'clock the next day, then immediately clarifies he was joking.

Johnnie Cochran

Cochran quips 'They haven't had enough of the gloves yet' in response to Darden's request to keep glove files ready.

Objections

None recorded

Proceeding 6438 • 42 utterances

Criminal Trial

Department 103