Waiver of defendant's presence

📄 Waiver of defendant's presence — Thursday, June 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\22\WAIVER-OF-DEFENDANT-S-PRESENCE.DOC

TRIAL

▲ Day 101 of 167

◀ Recess Redirect examination of Dr. Bruce Weir ▶

Date: Thursday, June 22, 1995 • Utterances: 10

Defense attorney Barry Scheck formally waived OJ Simpson's presence for the remainder of the hearing, explaining Simpson was consulting with co-counsel in the lock-up. Judge Ito accepted the waiver after confirming Scheck's authority as an officer of the court, then proceeded to resume cross-examination of Dr. Weir.

# 1 (The Defendant not being present.)

# 2 THE COURT:

Back on the record in the Simpson matter. Mr. Simpson is not present, however counsel, Mr. Scheck, did you wish to address the Court on that issue?

# 3 MR. SCHECK:

Your Honor, Mr. Simpson has asked me to waive his presence for purposes of the remainder of the hearing so that he can consult with co-counsel and work on other matters.

KEY QUOTE

# 4 THE COURT:

All right. Presently co-counsel are in the lock-up?

# 5 MR. SCHECK:

Yes.

# 6 THE COURT:

Consulting with Mr. Simpson?

# 7 MR. SCHECK:

Yes.

# 8 THE COURT:

And you represent to the Court as an Officer of the Court that you have your client's permission to waive his presence for the remainder of this hearing, correct?

KEY QUOTE

# 9 MR. SCHECK:

Yes.

# 10 THE COURT:

All right. The Court will accept the waiver. All right. Dr. Weir, would you resume the witness stand, please. All right. Mr. Thompson, you may commence your cross-examination.

Temperature

routine

Key Quotes (2)

Barry Scheck

Mr. Simpson has asked me to waive his presence for purposes of the remainder of the hearing so that he can consult with co-counsel and work on other matters.

States the reason for absence — Simpson was in the lock-up meeting with co-counsel, not absent without purpose.

Lance A. Ito

And you represent to the Court as an Officer of the Court that you have your client's permission to waive his presence for the remainder of this hearing, correct?

Ito formally establishes the waiver is client-authorized, creating a record that protects against any later challenge.

Notable Exchanges (1)

Lance A. Ito•Barry Scheck

Ito walks through a brief formal colloquy to confirm the waiver is valid and client-authorized before accepting it.

procedural

Objections

None recorded

Proceeding 6511 • 10 utterances

Criminal Trial

Department 103