Stipulations and recess

📄 Stipulations and recess — Tuesday, June 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\20\STIPULATIONS-AND-RECESS.DOC

TRIAL

▲ Day 99 of 167

◀ Redirect examination of Sam Poser DNA evidence preparation ▶

Date: Tuesday, June 20, 1995 • Utterances: 17

F. Lee Bailey concluded cross-examination of witness Samuel Poser, who was then excused. Prosecutor Hank Goldberg entered two stipulations with the defense regarding Reebok tennis shoes (People's 384) and shoeprint photographs (People's 388-395), both tied to the Bundy crime scene on June 13th. The court then recessed for ten minutes to reset exhibits before calling DNA expert Gary Sims as the next witness.

# 1 (Discussion held off the record between Defense counsel.)

# 2 MR. BAILEY:

Nothing further, your Honor.

# 3 THE COURT:

All right. Mr. Poser, thank you very much, sir. You are excused.

# 4 MR. Poser:

Thank you.

# 5 MR. GOLDBERG:

Your Honor, at this time I wanted to offer two stipulations, if I might.

# 6 THE COURT:

Yes.

# 7 MR. GOLDBERG:

Counsel, will you stipulate that the Reebok tennis shoes that have been marked as People's 384 for identification are the same shoes that were the subject of Detective Lange's testimony that were received on June the 13th of last year?

KEY QUOTE

# 8 MR. BAILEY:

Yes, that is fine.

# 9 THE COURT:

All right.

# 10 MR. GOLDBERG:

And will you further stipulate that as to the photographs that have been marked as People's 388 through 395, depicting shoeprints that were discussed by Mr. Bodziak yesterday, that those photographs were taken at the Bundy location also on the 13th of June?

# 11 MR. BAILEY:

That's correct, your Honor.

# 12 THE COURT:

All right. Ladies and gentlemen, as we instructed you earlier, a stipulation is an agreement between the attorneys as to the facts of the case and you are to assume the agreed upon fact to be true for the purpose of this case. All right. People's next witness. Is this Mr. Sims again?

# 13 MR. HARMON:

Yes, your Honor.

# 14 THE COURT:

All right. Ladies and gentlemen, we are going to need to recycle some of the exhibits. I'm going to ask you to step back into the jury room. This will take us about five or ten minutes to reset up.

KEY QUOTE

# 15 (Brief pause.)

# 16 THE COURT:

All right. We will stand in recess for ten minutes.

# 17 (Recess.)

Temperature

procedural

Key Quotes (2)

Hank Goldberg

will you stipulate that the Reebok tennis shoes that have been marked as People's 384 for identification are the same shoes that were the subject of Detective Lange's testimony that were received on June the 13th of last year?

Formally establishes chain of custody for the Reebok shoes through stipulation, linking them to Lange's testimony and the June 13 crime scene collection.

Lance A. Ito

Ladies and gentlemen, we are going to need to recycle some of the exhibits. I'm going to ask you to step back into the jury room. This will take us about five or ten minutes to reset up.

Routine but illustrates the logistical complexity of managing physical evidence for the DNA testimony about to begin.

Evidence (2)

People's 384

Reebok tennis shoes received at Bundy on June 13, previously discussed in Detective Lange's testimony

stipulated into evidence

People's 388-395

Photographs of shoeprints at the Bundy location taken June 13, discussed by FBI shoe expert William Bodziak

stipulated into evidence

Notable Exchanges (1)

Hank Goldberg•F. Lee Bailey

Defense readily agreed to both prosecution stipulations regarding the shoes and shoeprint photographs without objection or qualification.

cooperative

Objections

None recorded

Proceeding 6462 • 17 utterances

Criminal Trial

Department 103