Appearances and motions

📄 Appearances and motions — Tuesday, June 27, 1995

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C:\DEPT103\CRIMINAL\1995\JUN\27\APPEARANCES-AND-MOTIONS.DOC

TRIAL

▲ Day 104 of 167

◀ Adjournment Direct examination of Denise Lewis ▶

Date: Tuesday, June 27, 1995 • Utterances: 43

A brief pre-jury administrative session covering two pending matters and witness scheduling. Blasier made a discovery request for a photograph of the Rockingham glove that Yamauchi allegedly testified existed before Fung handled it. Darden sought resolution on whether the prosecution was required to call Thano Peratis, but that was deferred to the next day pending written points and authorities from both sides.

# 1 (Appearances as heretofore noted.)

# 2 (Janet M. Moxham, CSR no. 4855, official reporter.)

# 3 (Christine M. Olson, CSR no. 2378, official reporter.)

# 4 (Pages 33974 through 33995, volume 176A, transcribed and sealed under separate cover.)

# 5 (The following proceedings were held in open court, out of the presence of the jury:)

# 6 THE COURT:

Back on the record in the Simpson matter. Mr. Simpson is again present before the Court with his counsel, Mr. Blasier and Mr. Bailey. The People are represented by Miss Clark and Mr. Darden. Mr. Blasier, do you have a matter to take up this morning?

# 7 MR. BLASIER:

Good morning, your Honor, very briefly. It is our recollection that Mr. Yamauchi testified on cross-examination that a photograph was taken of the Rockingham glove prior to the time that Dennis Fung removed a hair from it and prior to the time that he put his initials on it. We have been unable to locate a photograph like that and we would ask--make a discovery request that we be provided with a photo as soon as possible, if one exists.

# 8 THE COURT:

All right. Miss Clark, Mr. Darden, do you have any information regarding that?

# 9 MS. CLARK:

Isn't that the photograph in evidence of the--of the glove in place? I believe that it is.

# 10 THE COURT:

Could very well be. My recollection is there was some dispute as to what the actual photograph was.

# 11 MR. BLASIER:

Well, if there is such a photograph at the lab; I'm not talking about on the ground.

# 12 THE COURT:

Mr. Blasier, you are a whiz with your computer. Do you happen to have the precise mention by Mr. Yamauchi of the glove so we can put it in context and perhaps from that determine which photograph we are talking about?

KEY QUOTE

# 13 MR. BLASIER:

I can do that at the break, your Honor.

# 14 THE COURT:

Okay. If you would do that, and then if there is such a photograph, I will of course order its production.

# 15 MR. BLASIER:

Thank you.

# 16 THE COURT:

Anything else?

# 17 MS. CLARK:

My understanding is that all photographs that have been taken have been turned over, so if they don't have it--

KEY QUOTE

# 18 THE COURT:

My recollection is that it came as news that there was a photograph of the glove prior, but then it was some explanation that was one of the crime scene photos or something of a vague recollection that I have probably 300 pages back there. Any other motors. Mr. Darden, good morning.

# 19 MR. DARDEN:

Good morning, your Honor last week we filed p's and a's on the issue of whether or not we had a duty to called Thano Peratis to the stand.

# 20 THE COURT:

Yes, I recollect that.

# 21 MR. DARDEN:

Can we resolve that issue by today or tomorrow morning?

# 22 MR. BLASIER:

Your Honor, Mr. Neufeld is handling that matter. He will be here in a little bit.

# 23 MR. DARDEN:

Okay. Mr. Goldberg will be appearing.

# 24 MR. DOUGLAS:

Your Honor, we have some p's and a's that are being typed that will be down later.

# 25 THE COURT:

As to that issue?

# 26 MR. DOUGLAS:

Right.

# 27 THE COURT:

If the p's and a's are coming in today, perhaps I ought to have an evening to look at them and consider them, so perhaps we will take that up tomorrow.

# 28 MR. DARDEN:

Thank you.

# 29 THE COURT:

Anything else? Miss Clark, do you have your witness? Miss Lewis is back with us?

# 30 MS. CLARK:

Yes, she is.

# 31 THE COURT:

All right. Let's proceed. Let's have the jurors, please. Miss Clark, how much more do you have with Miss Lewis.

# 32 MS. CLARK:

With Miss Lewis?

# 33 THE COURT:

Yes.

# 34 MS. CLARK:

Ten minutes.

# 35 THE COURT:

Who is your witness after Miss Lewis.

# 36 MS. CLARK:

Susan Brockbank.

# 37 THE COURT:

All right.

# 38 MS. CLARK:

I believe she is present. There is, I believe, no new exhibits. There are some photographs of bindles that I need to show to Mr. Blasier before I begin with Miss Brockbank. I take it that is your witness?

# 39 MR. BLASIER:

Yes.

# 40 MS. CLARK:

And that is the only thing.

# 41 THE COURT:

All right.

# 42 (Brief pause.)

# 43 (The following proceedings were held in open court, in the presence of the jury:)

Temperature

procedural

Key Quotes (3)

Robert Blasier

It is our recollection that Mr. Yamauchi testified on cross-examination that a photograph was taken of the Rockingham glove prior to the time that Dennis Fung removed a hair from it and prior to the time that he put his initials on it.

Defense pressing for a photo that could establish the glove's condition and chain of custody before LAPD technicians handled it — a recurring evidence-handling challenge.

Lance A. Ito

Mr. Blasier, you are a whiz with your computer. Do you happen to have the precise mention by Mr. Yamauchi of the glove so we can put it in context and perhaps from that determine which photograph we are talking about?

Ito-era aside — Ito's dry remark about Blasier's computer skills reflects the civil trial's more brisk management style.

Marcia Clark

My understanding is that all photographs that have been taken have been turned over, so if they don't have it--

Clark deflecting the discovery request by asserting full prior disclosure, leaving open the question of whether the photo exists at all.

Evidence (2)

Informal

Photograph of the Rockingham glove allegedly taken before Dennis Fung removed a hair from it and initialed it, referenced in Yamauchi's cross-examination

discovery request made by defense

Informal

Photographs of bindles to be shown to Blasier before Clark examines Susan Brockbank

mentioned as upcoming exhibit review

Notable Exchanges (2)

Robert Blasier•Marcia Clark•Lance A. Ito

Dispute over whether a pre-handling photo of the Rockingham glove exists; Clark asserts all photos have been turned over, Blasier says he's specifically asking about a photo at the lab, Ito defers pending Blasier locating the exact Yamauchi testimony.

strategic

Christopher Darden•Lance A. Ito•Carl Douglas

Darden seeks resolution on whether prosecution must call Thano Peratis; defense says their p's and a's are still being typed; Ito pushes the issue to the next day.

routine

Light Moments (1)

Lance A. Ito

Ito complimenting Blasier as 'a whiz with your computer' while asking him to pull up the exact transcript reference.

Objections

None recorded

Proceeding 7910 • 43 utterances

Criminal Trial

Department 103