📄 Trial scheduling discussion — Thursday, June 29, 1995
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C:\DEPT103\CRIMINAL\1995\JUN\29\TRIAL-SCHEDULING-DISCUSSION.DOC
TRIAL
▲ Day 106 of 167

Trial scheduling discussion

Date: Thursday, June 29, 1995 • Utterances: 35
The parties discuss the upcoming defense witness list and trial scheduling. Darden requests the defense witness list ahead of time, while Cochran commits to providing it Wednesday morning (when he returns from an absence), contingent on the prosecution resting after Juditha Brown's brief testimony. The judge walks through the expected timeline: finishing Deedrick, admitting evidence with limited objections, and beginning the defense case Thursday or Friday.
1 MR. DARDEN:

Your Honor, before--

2 THE COURT:

And hairs?

3 MR. DARDEN:

Before you hear from Mr. Uelmen and Mr. Goldberg, there is the issue of the Defense witness list. Now, we are probably a day from finishing with Mr. Deedrick or a day and a half in terms of testimony.

4 THE COURT:

You think so?

5 MR. DARDEN:

Yeah, I think so. I think you've suggested the appropriate cross-examination in this case and I'm sure they'll take your advice.

6 THE COURT:

You know, we ought to go to the Talmudic Courts where the Judge does all the questioning.

KEY QUOTE
7 MR. DARDEN:

Then we'd have to object to that, wouldn't we? And it could take six months.

KEY QUOTE
8 THE COURT:

Not in this Court. All right. Go ahead.

9 MR. DARDEN:

In any event, I think we have a right to know what the witness lineup is going to be for the Defense.

10 MR. COCHRAN:

I think it was agreed, your Honor, that--and we talked about this--they'll get a list and--first of all, I think they're being optimistic with regard to when they're going to finish. Miss Clark has previously indicated she would take a minimum of two days for direct. That's what she told us herself. And there will be cross-examination. And what we agreed was that as soon as they finish their case, we'll give them a list. And I think you agreed that was appropriate. We'll give them a list--and we'll give them more time than what they've given us. We're not going to just hold back and give a witness at a time. I want to give them enough so they can keep busy because we're going to move this case along, your Honor.

11 THE COURT:

All right. My only concern though is, Mr. Cochran, you know what the Prosecution case is. We're going to finish with Mr. Deedrick my guess is Wednesday or Thursday.

12 MR. COCHRAN:

Right.

13 THE COURT:

And the next witness for the Prosecution will be Juditha Brown, which my guess will be a 20-minute witness.

14 MR. COCHRAN:

Should be.

15 THE COURT:

And that will be a wrap. Then we will have to go into perhaps a day of the People moving their various evidence into evidence. And I anticipate--however, I only anticipate between 12 and 20 objections to pieces of evidence because I think everything else was previously agreed to. So we should be able to do that in half a day, and then we will get to the Defense case probably Thursday afternoon or Friday. So--

16 MR. COCHRAN:

We previously indicated, we'll be ready to give them a list as soon as they rest. Your Honor, the problem with this Prosecution team is that as soon as they see something on our list, they may very well not rest. And that was the issue you--

17 THE COURT:

No. They told me--they told me they are going to rest after Miss Brown--Mrs. Brown.

18 MR. DARDEN:

That was the representation and we think that will be the case. Of course, there are probably a few stipulations we may need to enter into in terms of some of the exhibits, but I don't think there will be any need to call any additional witnesses beyond what we've indicated already. At any event, the rule of the deal has been three days and, you know--

19 THE COURT:

I agree with you that by tomorrow, we may hit the three days.

20 MR. COCHRAN:

Well, unfortunately, I won't be here tomorrow as the Court is aware. May I give the list on Wednesday morning when I return? And I'll make sure they have it Wednesday morning. Your Honor, there's going to be--by the time they finish this case, trust me, it will be probably more like Friday before we can start, but they'll have enough time, your Honor.

21 THE COURT:

Wednesday morning.

22 MR. COCHRAN:

Wednesday morning? Thanks, your Honor.

23 THE COURT:

9:00 o'clock.

24 MR. COCHRAN:

What time--by the way, since I won't be here, are we starting Wednesday what time?

25 MR. DARDEN:

That's five days from now.

26 THE COURT:

Yes, I know. Mr. Darden, we're not going to finish Mr. Deedrick tomorrow.

27 MR. COCHRAN:

We're going to start a little bit--I don't think to.

28 THE COURT:

If you recollect, we agreed on Wednesday we would start at 10:30.

29 MR. COCHRAN:

So Wednesday at 10:30, your Honor? Thank you.

30 THE COURT:

And so that--that gets us to Thursday and Friday.

31 MR. DARDEN:

Well--

32 MR. BAILEY:

May I inquire of Miss Clark, your Honor, whether there's any possibility she'll finish in the morning?

33 MS. CLARK:

I'd like to say yes, but I really doubt it.

KEY QUOTE
34 THE COURT:

Mr. Bailey, there's just too many of these hairs and--

35 MR. BAILEY:

I understand. I simply want an understanding that if she does finish, I would like the weekend to go through all these exhibits which we just saw yesterday with my expert in detail before having to start. Thank you.

Temperature

routine

Key Quotes (4)

Lance A. Ito
You know, we ought to go to the Talmudic Courts where the Judge does all the questioning.
Rare moment of judicial levity; reveals Ito's frustration with the pace of examination.
Christopher Darden
Then we'd have to object to that, wouldn't we? And it could take six months.
Darden lands the punchline, showing rare courtroom banter between judge and counsel.
Johnnie Cochran
The problem with this Prosecution team is that as soon as they see something on our list, they may very well not rest.
Reveals defense distrust of prosecution's commitment to resting its case; a strategic concern about gamesmanship.
Marcia Clark
I'd like to say yes, but I really doubt it.
Clark's candid admission that Deedrick's cross-examination will not wrap quickly, countering defense optimism.

Evidence (2)

Informal
Hair evidence from Deedrick testimony — numerous samples under ongoing cross-examination
discussed (timeline for completion)
Informal
Prosecution exhibits pending formal admission into evidence
anticipated — judge expects 12-20 objections to pieces of evidence, rest previously agreed to

Notable Exchanges (3)

Lance A. ItoChristopher Darden
Judge jokes about switching to Talmudic Courts where the judge does all questioning; Darden quips they'd have to object and it could take six months.
light
Johnnie CochranChristopher DardenLance A. Ito
Negotiation over when defense must produce witness list; Cochran argues prosecution might delay resting if they see defense witnesses, judge confirms prosecution committed to resting after Brown.
strategic
F. Lee BaileyMarcia Clark
Bailey asks Clark if she might finish Deedrick cross in the morning; Clark doubts it. Bailey requests weekend time to review exhibits with his expert.
procedural

Light Moments (1)

Lance A. Ito / Christopher Darden
Judge Ito suggests switching to Talmudic Courts where the judge does all questioning; Darden jokes they'd have to object and it would take six months.

Objections

None recorded
Proceeding 6599 • 35 utterances
Criminal Trial
Department 103
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📂 JUN 29, 1995 📄 Trial scheduling discussion
JUN 29, 1995 KRT DvH TD