Sidebar: videotape discovery

📄 Sidebar: videotape discovery — Wednesday, June 28, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\28\SIDEBAR-VIDEOTAPE-DISCOVERY.DOC

TRIAL

▲ Day 105 of 167

◀ Cross-examination of Susan Brockbank (part 3) Cross-examination of Susan Brockbank (part 4) ▶

Date: Wednesday, June 28, 1995 • Utterances: 30

Defense attorney Blasier raised a discovery violation at sidebar, noting that a videotape taken by the Coroner's office had not been provided to the defense. Clark claimed she was unaware of its existence, and the parties agreed to contact the Coroner's office during the lunch recess to obtain it. The sidebar ended with Clark asking Judge Ito to seal a personal remark she had made about her son.

# 1 MR. BLASIER:

Your Honor, may we approach?

# 2 (The following proceedings were held at the bench:)

# 3 THE COURT:

We are over at the side bar. Mr. Blasier.

# 4 MR. BLASIER:

There is obviously a discovery problem here. We now know that there is a videotape that the Coroner's office took that we have not been provided in discovery. I don't know what other videotapes he might have taken, but it is my recollection that the Court requested that the Prosecution make an effort to find all the videos that were taken and to make them available, and this one obviously has not been made available, to my knowledge.

KEY QUOTE

# 5 MS. CLARK:

I didn't know it existed. This is the first time I've heard about it.

KEY QUOTE

# 6 MR. BLASIER:

It is in her notes.

# 7 MS. CLARK:

In my notes?

# 8 MR. BLASIER:

Right.

# 9 MS. CLARK:

I never saw it.

# 10 MR. BLASIER:

It is right in there.

# 11 MS. CLARK:

Well, I mean, counsel obviously read her notes a long time before he came into court, and if he saw that mentioned--

# 12 THE COURT:

Okay. All right. Steve Dowell is the one who took it; is that correct?

# 13 MR. BLASIER:

Uh-huh.

# 14 THE COURT:

He's the Coroner's person.

# 15 MS. CLARK:

Right.

# 16 THE COURT:

Then we will call the Coroner's office? Right, right, right, and--

# 17 MR. COCHRAN:

Lunch hour?

# 18 THE COURT:

Hopefully.

# 19 MR. COCHRAN:

Do you want Carl to do it now?

# 20 MS. CLARK:

We can both ask for it.

# 21 MR. COCHRAN:

Can their side do it because it may save some time in getting it over during the lunch hour and I just want to save time.

# 22 MS. CLARK:

I will do it. Not personally; I will get somebody on it.

# 23 THE COURT:

Okay.

# 24 MS. CLARK:

Can I ask one thing? I forgot that these side bar transcripts are released and I made a reference to--

KEY QUOTE

# 25 THE COURT:

I sealed that one from the last one because we talked about personal things.

# 26 MS. CLARK:

Right, and can I just ask that whatever comment I made at this last side bar today about my son be also--

# 27 THE COURT:

That was--that is why I sealed it.

# 28 MS. CLARK:

Okay. Because I did it again.

# 29 THE COURT:

Yes. I sealed it.

# 30 MS. CLARK:

I will remember. Thank you, your Honor.

Temperature

procedural

Key Quotes (3)

Robert Blasier

There is obviously a discovery problem here. We now know that there is a videotape that the Coroner's office took that we have not been provided in discovery.

Flags a potential Brady/discovery violation regarding Coroner's office footage

Marcia Clark

I didn't know it existed. This is the first time I've heard about it.

Prosecution denies knowledge of the videotape, deflecting responsibility for non-disclosure

Marcia Clark

Can I ask one thing? I forgot that these side bar transcripts are released and I made a reference to-- ... whatever comment I made at this last side bar today about my son be also--

Reveals Clark's awareness that sidebar transcripts are public record and her request to seal a personal disclosure

Evidence (1)

Informal

Videotape taken by Coroner's office photographer Steve Dowell, not previously provided in discovery

discussed, parties directed to obtain during lunch recess

Notable Exchanges (2)

Robert Blasier•Marcia Clark

Blasier pointed out the videotape was referenced in the Coroner's notes, implying Clark or her team should have known about it; Clark deflected by noting defense counsel had read the notes long before trial

pointed

Marcia Clark•Lance A. Ito

Clark asked the judge to seal her personal remark about her son made during a prior sidebar, and Ito confirmed he had already done so

candid

Light Moments (1)

Johnnie Cochran

Cochran asks 'Lunch hour?' when the judge is mid-thought about contacting the Coroner's office, injecting a casual practicality into the procedural discussion

Objections

None recorded

Proceeding 6586 • 30 utterances

Criminal Trial

Department 103