Housekeeping

📄 Housekeeping — Tuesday, June 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\20\HOUSEKEEPING.DOC

TRIAL

▲ Day 99 of 167

◀ Motion: Sam Poser testimony admissibility Direct examination of Sam Poser ▶

Date: Tuesday, June 20, 1995 • Utterances: 36

Brief pre-session housekeeping covering scheduling and upcoming witnesses. F. Lee Bailey announces he is flying to Kansas City for the Marcus Allen subpoena hearing and needs assurance that hair and trace witnesses won't be called in his absence. Two stipulations about Reebok shoes and crime scene shoeprint photographs are flagged for entry. The session ends with a light moment when Darden spots Cochran carrying a bag and demands to know whether it contains the original crime scene gloves.

# 1 MR. COCHRAN:

Yes. We are ready to proceed. Thank you, your Honor.

# 2 MR. BAILEY:

Your Honor, might I just address one last matter not relevant to what Mr. Cochran said? Just for the record, I'm flying this afternoon to Kansas City for the hearing on the subpoena that you approved or Marcus Allen and I will be back tomorrow night and I just want to make sure that there are no hair and trace witnesses contemplated today or tomorrow.

# 3 THE COURT:

Mr. Darden?

# 4 MR. DARDEN:

I don't think I'm in a position to say that there won't be some hair and trace.

# 5 THE COURT:

Today and tomorrow?

# 6 MR. BAILEY:

Today and tomorrow.

# 7 MR. DARDEN:

Well, there is the problem with Bruce Weir, so I don't know if the schedule is going to somehow get jumbled. I don't expect that there will be.

# 8 THE COURT:

Well, if--Mr. Bailey, you are going to be handling the hair and trace for the Defense?

# 9 MR. BAILEY:

Yes.

# 10 THE COURT:

All right. He does have business connected to this case in another jurisdiction, so if he is not available, we will just have to bounce around with some other witnesses.

# 11 MR. DARDEN:

Of course.

# 12 THE COURT:

All right.

# 13 MR. BAILEY:

Thank you.

# 14 THE COURT:

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

# 15 MR. GOLDBERG:

Your Honor, just to--

# 16 THE COURT:

Mr. Goldberg, why don't you retrieve Mr. Poser.

# 17 MR. GOLDBERG:

And two other housekeeping issues. Mr. Harmon has said that he would like some time to set up prior to recalling Mr. Sims to the stand, if we could take a brief recess.

# 18 THE COURT:

I assume we will have to recycle to a different set of exhibits.

# 19 MR. GOLDBERG:

Yeah, and I have discussed two stipulations with Mr. Bailey; one relating to the Reebok shoes being the ones that were the subject of Detective Lange's testimony, and one relating to the crime scene photographs that were referred to by Mr. Bodziak yesterday of shoeprints having been taken on the 13th of June, which he has agreed to. So I would like to offer those at the chose of Mr. Poser's testimony.

# 20 THE COURT:

Thank you.

# 21 MR. BAILEY:

The only thing that rankles about that is having offered that stipulation, I attempted to ask the detective if he knew that those shoes came from Mr. Simpson voluntarily on the 13th and you sustained the objection.

KEY QUOTE

# 22 THE COURT:

Well, nobody told me there was going to be a stipulation, counsel. Now that I know--

# 23 MR. GOLDBERG:

I think actually that testimony could come in through hearsay in some form.

# 24 THE COURT:

Deputy Magnera, thank you.

# 25 MR. BLASIER:

Your Honor, may we have some notice as to who we will have tomorrow?

# 26 MR. GOLDBERG:

May I be excused to get Mr. Poser.

# 27 THE COURT:

Yes, please. I assume a lot depends on what we are going to do with the other hearing.

# 28 MR. BLASIER:

I'm concerned--

# 29 THE COURT:

I'm just as interested as you are as to what is coming next.

# 30 MR. BLASIER:

Okay. I've been told that Agent Marks is not going to be here until next week and I just want to make sure that that hasn't changed.

# 31 THE COURT:

All right.

# 32 MR. DARDEN:

That hasn't changed.

# 33 THE COURT:

All right.

# 34 (Brief pause.)

# 35 MR. DARDEN:

I see Mr. Cochran has the bag. If the bag contains the original crime scene gloves, I would ask if it is going to be opened, that it be opened on the record.

KEY QUOTE

# 36 MR. COCHRAN:

No. This is the tennis shoes, Mr. Darden.

KEY QUOTE

Temperature

procedural

Key Quotes (4)

F. Lee Bailey

I'm flying this afternoon to Kansas City for the hearing on the subpoena that you approved or Marcus Allen and I will be back tomorrow night and I just want to make sure that there are no hair and trace witnesses contemplated today or tomorrow.

Reveals active pursuit of Marcus Allen as a witness and the defense's careful management of which attorney handles which expert area.

F. Lee Bailey

The only thing that rankles about that is having offered that stipulation, I attempted to ask the detective if he knew that those shoes came from Mr. Simpson voluntarily on the 13th and you sustained the objection.

Bailey expresses frustration that the court blocked testimony about the voluntary surrender of Simpson's shoes even as a stipulation about those same shoes was being entered.

Christopher Darden

I see Mr. Cochran has the bag. If the bag contains the original crime scene gloves, I would ask if it is going to be opened, that it be opened on the record.

Darden's reflexive alarm at Cochran holding any bag illustrates how charged the glove evidence had become by this point in the trial.

Johnnie Cochran

No. This is the tennis shoes, Mr. Darden.

Deflates the moment with a single dry line — a snapshot of the nervous, high-stakes atmosphere around the glove evidence.

Evidence (3)

Informal

Reebok shoes identified as the ones subject to Detective Lange's prior testimony

Stipulation agreed to by Bailey, to be offered at close of Poser's testimony

Informal

Crime scene photographs of shoeprints taken June 13, referenced during Bodziak's testimony

Stipulation agreed to by Bailey, to be offered at close of Poser's testimony

Informal

Bag carried by Cochran — suspected by Darden to contain the original crime scene gloves; confirmed to be tennis shoes

Discussed

Notable Exchanges (2)

F. Lee Bailey•Judge

Bailey complains that after agreeing to a stipulation about Simpson's Reebok shoes, his attempt to elicit testimony that the shoes were surrendered voluntarily on June 13 was blocked by a sustained objection.

mildly contentious

Christopher Darden•Johnnie Cochran

Darden spots Cochran with a bag and formally requests it be opened on the record if it contains the crime scene gloves. Cochran dismisses the concern — it's tennis shoes.

light

Light Moments (2)

Johnnie Cochran

Darden formally objects to Cochran's bag on suspicion it contains the crime scene gloves; Cochran flatly informs him it is tennis shoes.

Judge

Judge says 'I'm just as interested as you are as to what is coming next' when pressed by Blasier about the witness schedule.

Witness Demeanor

(Brief pause.)

Objections

None recorded

Proceeding 6458 • 36 utterances

Criminal Trial

Department 103