All right. Is there anything we need to discuss that doesn't require Miss Clark? But I'm inclined to start, counsel. Is there some reason we can't start?
Right. She is with Miss Clark. There are only four elevators apparently that stop on this floor from our floor.
Your Honor, while we're waiting, we have it looks to me like over 10 charts. We've never seen any of these. We've never seen any proofs. I don't know what they are. It's not something we can look at in just a couple minutes. I don't know why we weren't provided these before.
All right. And, Miss Clark, would you approach with Mr. Blasier for just a second, please.
All right. Miss Clark, Mr. Cochran has brought another photograph that he's proposing for use instead of the other photograph.
Your Honor, the information I have, I indicated to the Court this morning that I would ask to have a photograph brought down. We did over the lunch hour. I understand this photograph is fairly recent. It certainly shows Mr. Simpson's hair. It's certainly a more--picture that more--is more representative of Mr. Simpson than the photograph taken on June 13th or June 17th, the other one we had. I would ask your Honor to take a look at it.
No, your Honor. I think that would be--that's a picture that would be fair for all parties. I think that it's representative of the things that Miss Clark indicated she wanted to show a picture of Mr. Simpson's hair. It's a picture when he's not in custody. The man is in his 40's and he's never been in custody before this time. I think it's fair to show a picture of how he looked, and certainly this is how he looked back in June as opposed to when he's been at the police station. We would all agree that's a time of some trauma and unfairness. Even your Honor mentioned the photograph where--that was used on some national publications which wouldn't be fair. The picture they're trying to show is more akin to the national magazine's unfair pictures than that picture that is representative of how he looks, how he looked. So that's the point.
Your Honor, it's not representative though for the photograph of the Defendant's hair. The problem with the photograph proffered by counsel today is that not only is it a black and white photograph, which doesn't accurately depict the color of the Defendant's hair, but we don't know exactly when it was taken. The photograph that the People intend to use we know was taken on June the 13th, mere hours after the murders were committed, and it is in full color as well. So I mean, it still remains that the photograph the People have been permitted to use by the Court is the most representative and complete picture. Mr. Cochran is missing the point. The point is not to use some portfolio shot for the Defendant. The point is to show a shot of the Defendant's hair that gives the most description, the most accurate description of the appearance of that hair as of the time of the murders.
If they want that, you know what I suggest? If that's--so I don't miss the point here, if they want that, we have a video of Mr. Simpson, how he appeared on June 12th in the evening hours at 5:30 or 6:00 o'clock. We can stop that video and take a picture of that. They want to see how he looks on that day, smiling, happy, saying goodbye to his friends at that scene, I'd be glad to do that. You know, this is not a portfolio shot. This is a shot of Mr. Simpson, and I think it's just unfair to try to take a picture of him after he's in custody or at least been at the police station. And sure, it's a picture where he doesn't look shaven and I'd ask the Court to hold those two pictures up. Your Honor is fair. What we want to do is to give the jury--this is for People's exhibit. And they want to see how he looks--and if you want to see how he looks, want a color picture, Defendant's 1003, that's how he looks. It shows him--we can prop this if you want, and this is actually in color. And so, you know, we have some fundamental fairness here I think we're entitled to. That's their exhibit board and it's clear what they're trying to do. So we just don't think that's fair. And I think your Honor is an experienced former trial lawyer and you understand about tactics. But I don't think that's a fair tactic. If they're going to put his picture on their exhibit, then have it be a fair picture. Have him be referred to as O.J. Simpson, not the Defendant. He's not nameless or faceless and that's not a representative picture of this man.
All right. The offered picture is in black and white, does not show the complete hair, and the photograph that we know is dated 12-13 is a more accurate depiction. So the objection is overruled. All right. We have Miss Brockbank available to complete?
All right. And, Mrs. Robertson, have we heard anything back from the Coroner's office?
All right. Would you check on that? My understanding is, Mr. Blasier is going to conclude his cross-examination, reserving the right to cross-examination when that videotape becomes available. Is that my understanding correct.
No. Apparently Mr. Dowell was out to lunch, did not have a pager. So they wouldn't even know--they were unable to speak to him until 1:00 o'clock. So I'm having Mrs. Robertson make a follow-up phone call.
Before we resume, Mr. Blasier had been asking earlier about photographs that may have been taken of the gloves in the lab on June the 14th.
And I indicated at sidebar that someone left this photo album in my office. I have not previously seen these photographs, but if I have them in my possession, then the Defense must have them as well. And I'm going to point them out to Mr. Blasier at this time so that he can use them if he chooses to on cross-examination.
Yes, your Honor. It is indicated in the call sheet, June the 14th, "Mw." I believe that's Mike Wilson, and it says location, SID crime lab. Mr. Fairtlough informs me also that the Defense was furnished these photographs quite a long time ago. They were numbered and furnished to them along with the information identifying when and where they were taken.
Your Honor, if we could maybe have this for a little while so we could compare it to what we have. I don't have any more questions to ask her about these, but I want to make sure that we do have these.
All right. All right. Excuse me, counsel? Mrs. Robertson advises me that they have over--at the Coroner's office, that Dr. Lakshmanan's staff has located the tape and it's on its way over.
Also, I'm not sure whether Miss Clark was here when I raised the issue of all these new boards that are here. I just had a chance to glance at some of the pictures. I don't think we've ever been given any of the pictures that are on this board, any of these boards. We strongly object. I thought we were supposed to have exhibits the night before a witness was to testify. And not only that, I think we're supposed to have pictures a long time in advance of the time they're being used, and we would object to any--
Your Honor, that's not true. Mr. Deedrick sent two sets to the Court. One set was for the Defense, one set was for the People. We put ours on boards. They've got all these photographs.
Your Honor, I've asked everybody. No one has any recollection of receiving any pictures from Mr. Deedrick from the Court. I don't know if there would be a record of that. I've never seen them.
There should be because we keep a log of everything we've received and when it comes in and when it's distributed to counsel.
I guess we'll have to. Mrs. Robertson, would you have Mr. Byrne find the log of all that evidence.
All right. And, Miss Clark, would you determine--can you determine the approximate time? That would help me narrow it down because our log is chronologically kept.
All right. Mr. Byrne is going to check the Court's log. Is there anything we can accomplish while we're doing that?
I have a brief amount of redirect. We can do that. Also, we may as well look at the boards now. We have to look at them anyway whether they have the photographs or not.
We're going to have to try to correlate them. I know they're labeled. It's not just pictures. We're going to have to take some time to correlate the labels with the pictures.
Well, I'll tell you what. Let's finish the testimony of Miss Brockbank, and then we'll move on to the issues regarding Mr. Deedrick.
And, your Honor, I think we can take up the matter of the Harmon letter to Dr. Mullis at the end of today--
We are verifying it now, your Honor. I believe the Defense expert, Myra Scholberg, was given all the photographs by Mr. Deedrick back in I guess September or October.
My understanding is, they were given to the Court. Isn't that what I was just told?
That's what I thought. But I just learned he furnished them directly to the Defense expert.
Yes. If you recollect, one of our jurors has a doctor's appointment. So we're going to break at 3:00 tomorrow. Is it 3:00 tomorrow, Mrs. Robertson? 3:00 tomorrow.
The point is not to use some portfolio shot for the Defendant. The point is to show a shot of the Defendant's hair that gives the most description, the most accurate description of the appearance of that hair as of the time of the murders.
We have a video of Mr. Simpson, how he appeared on June 12th in the evening hours at 5:30 or 6:00 o'clock. We can stop that video and take a picture of that. They want to see how he looks on that day, smiling, happy, saying goodbye to his friends at that scene, I'd be glad to do that.
Have him be referred to as O.J. Simpson, not the Defendant. He's not nameless or faceless and that's not a representative picture of this man.
Well, the old elevator excuse, huh?