Scheduling and case management

📄 Scheduling and case management — Tuesday, June 27, 1995

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C:\DEPT103\CRIMINAL\1995\JUN\27\SCHEDULING-AND-CASE-MANAGEMENT.DOC

TRIAL

▲ Day 104 of 167

◀ Direct examination of Susan Brockbank (afternoon, part 3) Direct examination of Susan Brockbank (afternoon, part 4) ▶

Date: Tuesday, June 27, 1995 • Utterances: 48

A brief out-of-jury scheduling conference to set the time for the Thano Peratis motion hearing (Thursday at 3:00 p.m., after a juror's medical appointment forces an early break) and to establish that the prosecution will notify the defense of its next three witnesses the following morning. The judge also directed Clark to finish her examination of the current witness by 5:45 p.m.

# 1 THE COURT:

All right. Back on the record. All parties are again present. Counsel, there was a scheduling matter for a motion we needed to address on--

# 2 MR. COCHRAN:

Yes.

# 3 THE COURT:

And my recollection, I think I mentioned to you that on Thursday we needed to break early because one of the jurors has a medical appointment and I don't recollect what time I told you.

# 4 MR. COCHRAN:

I'm not sure you told us the time.

# 5 MR. BAILEY:

You said three o'clock, your Honor.

# 6 THE COURT:

How about three o'clock Thursday for the motion?

# 7 MR. COCHRAN:

Which motion?

# 8 MR. NEUFELD:

Our motion to strike and their motion--

# 9 THE COURT:

How does that sound?

# 10 MR. NEUFELD:

Okay.

# 11 MR. DARDEN:

That is the Thano Peratis motion?

# 12 THE COURT:

Yes.

# 13 MR. DARDEN:

We really need to have that resolved as soon as possible so that if we are going to have to call him, obviously we need to fit him in.

KEY QUOTE

# 14 THE COURT:

Well, at the rate we are going, if we hear about another change of gloves--

KEY QUOTE

# 15 MR. DARDEN:

Well, he would be the next witness if he is going--if we are going to have to call him.

# 16 THE COURT:

There was a broad hint there. "Did you follow your usual procedures?"

# 17 MS. CLARK:

Yes, your Honor. I heard that.

# 18 THE COURT:

All right.

# 19 MR. DARDEN:

Can we do it tomorrow?

# 20 THE COURT:

Well, the problem is we have a full day tomorrow, and on Thursday we have to break at three o'clock because of the juror's medical appointment, so why not do it at 3:15? I don't see us finishing Mr. Deedrick between now and Thursday, frankly.

# 21 MR. NEUFELD:

Also I need to notify Professor Uelmen as well.

# 22 MR. COCHRAN:

That is what we are doing right now. While we are doing this, your Honor, could we inquire of the--your Honor, could we inquire of the Prosecution as to the remaining witnesses under our three-day rule so we can figure out where we are going to be so that we can be prepared or try to prepare for that?

# 23 THE COURT:

We have Mr. Deedrick coming after Miss Brockbank, correct?

# 24 MS. CLARK:

That's correct, your Honor, and with respect to any remaining witnesses, can we inform counsel tomorrow morning because that will be more than three days in advance?

# 25 MR. COCHRAN:

How will that be more than three days?

# 26 THE COURT:

How many times did he change gloves?

# 27 MS. CLARK:

He changes gloves every time he thinks about another item.

KEY QUOTE

# 28 THE COURT:

I understand that, but we can--there are shortcuts to this, you know.

# 29 MS. CLARK:

I will.

# 30 THE COURT:

All right.

# 31 MS. CLARK:

And I will.

# 32 THE COURT:

Okay. All right. Tomorrow morning at nine o'clock tell Mr. Cochran who your next three witnesses are going to be after Mr. Deedrick.

# 33 MR. COCHRAN:

Three days of witnesses.

# 34 MS. CLARK:

Can we handle the Thano Peratis motion tomorrow morning then? No?

# 35 THE COURT:

Thursday at three o'clock or 3:15.

# 36 MS. CLARK:

Because I mean that will have an impact on the--

# 37 THE COURT:

Well, counsel, I just got the papers now. I want to spend the full day in front of jury, since we have some down time Thursday. Let's do it Thursday.

# 38 MS. CLARK:

Okay.

# 39 THE COURT:

I get to make the decision. Thursday at three o'clock.

KEY QUOTE

# 40 MS. CLARK:

Yes.

# 41 THE COURT:

Anything else?

# 42 MS. CLARK:

No.

# 43 THE COURT:

All right. Let's have the jurors. Miss Clark, 5:45.

# 44 MS. CLARK:

Yes, your Honor.

# 45 THE COURT:

Are you going to be able to finish by then?

# 46 MS. CLARK:

I think so.

# 47 MR. DARDEN:

Is that a break at 5:45 or the end at 5:45?

# 48 THE COURT:

The break at 5:45. All right. Let's have the jurors.

Temperature

routine

Key Quotes (4)

Lance A. Ito

Well, at the rate we are going, if we hear about another change of gloves--

Ito's dry aside signals courtroom frustration with Deedrick's drawn-out testimony and the repeated handling of glove evidence.

Marcia Clark

He changes gloves every time he thinks about another item.

Clark's wry acknowledgment of the same complaint — a rare moment of informal candor with the judge at the defense's expense.

Lance A. Ito

I get to make the decision. Thursday at three o'clock.

Ito asserting control after Clark tried to push the motion hearing back to the next morning; shows he runs a tight schedule.

Christopher Darden

We really need to have that resolved as soon as possible so that if we are going to have to call him, obviously we need to fit him in.

Flags that Peratis's availability as a live witness is contingent on the motion's outcome — a pending decision with real witness-order consequences.

Notable Exchanges (2)

Lance A. Ito•Marcia Clark

Clark asked to move the Peratis motion to the next morning; Ito declined, noting he had just received the papers and wanted a full day in front of the jury, and firmly scheduled it for Thursday at 3:00 p.m.

firm/procedural

Johnnie Cochran•Marcia Clark•Lance A. Ito

Cochran invoked the three-day witness notice rule; Clark asked to give the names the following morning; Ito ordered her to notify Cochran of the next three witnesses after Deedrick by nine o'clock the next morning.

strategic

Light Moments (2)

Lance A. Ito

Ito quipped 'at the rate we are going, if we hear about another change of gloves' while scheduling the Peratis motion, drawing a laugh from Clark who admitted she heard the hint.

Marcia Clark

Clark deadpanned 'He changes gloves every time he thinks about another item,' riffing on Ito's glove joke about Deedrick's testimony.

Objections

None recorded

Proceeding 7923 • 48 utterances

Criminal Trial

Department 103