Sidebar: electron microscope photographs

📄 Sidebar: electron microscope photographs — Thursday, June 29, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\29\SIDEBAR-ELECTRON-MICROSCOPE-PH.DOC

TRIAL

▲ Day 106 of 167

◀ Direct examination of Douglas Deedrick (part 3) Session opening ▶

Date: Thursday, June 29, 1995 • Utterances: 24

Defense attorney Bailey raises concerns at sidebar about whether electron microscope fiber photographs are connected to the previously excluded Bronco carpet report. Judge Ito allows the photos as generic instructional examples of fiber cross-sections, deferring the broader question of whether they can be tied to Bronco evidence. Bailey also requests that Clark instruct expert witness Deedrick to stop using the word 'match.'

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

# 2 THE COURT:

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

# 3 MR. BAILEY:

If it please the Court, it seems to resemble the image that we saw yesterday in conjunction with the Bronco carpet report which report you have excluded. I'm wondering how far the Prosecution is allowed to go with these exhibits and what is going to be said about them.

# 4 MS. CLARK:

It was my understanding of the Court's ruling that we were allowed to use photographs and it is going no farther than Mr. Deedrick explaining here is an example of a `91 fiber, here is an example of a `92 fiber. He is just going to show the difference in the cross-sections. That is all.

# 5 MR. BAILEY:

Is he going to say the Bronco fibers?

# 6 THE COURT:

Well, I'm going to allow this photograph right now just because it is an example of an electron microscope photograph of a fiber, of a synthetic fiber. We will take up that issue later.

KEY QUOTE

# 7 MR. BAILEY:

All right.

# 8 MR. NEUFELD:

Your Honor--

# 9 MS. CLARK:

I thought that the Court permitted the use of the photographs. I'm not going to tie it into the report.

# 10 THE COURT:

We will see.

# 11 (Discussion held off the record between Defense counsel.)

# 12 THE COURT:

Finish with this and we will take it up later.

# 13 MR. BAILEY:

Will there be any other photo shown of other fibers?

# 14 THE COURT:

No, we are not even close to that, guys.

KEY QUOTE

# 15 MS. CLARK:

Well, he does have another photograph.

# 16 MR. BAILEY:

I just don't want him saying--

# 17 MS. CLARK:

Are we going to have the one-attorney rule?

# 18 MR. BAILEY:

Please, Peter.

# 19 THE COURT:

All right.

# 20 MS. CLARK:

I have a photograph of a `92 as well. Neither one of those goes to `94. We are not at that point yet. These are just instructional right now. I thought the Court already ruled that yesterday.

# 21 THE COURT:

I'm going to allow these as electron microscope photography. That is all it is.

# 22 MR. BAILEY:

One other matter, your Honor. Will you instruct the Miss Clark to tell the witness please don't use the word "Match" any more.

# 23 MS. CLARK:

I did.

# 24 THE COURT:

I'm sure it will happen over the evening hour. Let's wrap it up here.

Temperature

procedural

Key Quotes (4)

Marcia Clark

He is just going to show the difference in the cross-sections. That is all.

Clark frames the electron microscope photos as purely instructional, distancing them from the excluded Bronco carpet report.

Lance A. Ito

I'm going to allow this photograph right now just because it is an example of an electron microscope photograph of a fiber, of a synthetic fiber. We will take up that issue later.

Ito makes a narrow, tentative ruling while explicitly kicking the larger evidentiary question down the road.

F. Lee Bailey

Will you instruct the Miss Clark to tell the witness please don't use the word 'Match' any more.

Bailey signals a core defense strategy — preventing the expert from using conclusory language that could unfairly prejudice the jury.

Lance A. Ito

No, we are not even close to that, guys.

Casual judicial tone signaling impatience with the defense getting ahead of themselves.

Evidence (3)

Informal

Electron microscope photograph of a synthetic fiber cross-section ('91 fiber)

discussed, conditionally allowed as instructional example

Informal

Electron microscope photograph of a '92 fiber cross-section

mentioned by Clark as forthcoming, same instructional framing

Informal

Bronco carpet report

referenced as previously excluded; defense concerned photos are connected to it

Notable Exchanges (3)

F. Lee Bailey•Marcia Clark•Lance A. Ito

Bailey presses whether Deedrick will reference 'Bronco fibers' specifically; Ito allows the photos narrowly as instructional while deferring the Bronco connection question.

strategic

Marcia Clark•F. Lee Bailey

Clark invokes the 'one-attorney rule' when both Bailey and Neufeld begin arguing simultaneously for the defense.

procedural

F. Lee Bailey•Marcia Clark

Bailey asks Clark to instruct Deedrick not to use the word 'match'; Clark says she already did.

strategic

Light Moments (2)

Lance A. Ito

Ito dismisses the defense's anticipatory objections with 'No, we are not even close to that, guys' — casual and slightly exasperated.

Lance A. Ito

Ito closes the sidebar with 'I'm sure it will happen over the evening hour' — wry acknowledgment that Deedrick will probably say 'match' again anyway.

Objections

None recorded

Proceeding 6607 • 24 utterances

Criminal Trial

Department 103