All right. Back on the record in the Simpson matter. Counsel, before we conclude with Mr. Deedrick, any comment regarding a proposal to view the crime scene one additional time? I anticipated a response by yesterday, did not receive a response from either side. So I anticipate both sides are withdrawing their request?
Actually, your Honor, I believe that we expected--the People understood that everyone agreed to it and so felt there was no response necessary other than to pick the appropriate date. That I thought was the only open question. And perhaps I'm wrong. But the People would think that--would urge the Court to do so. I think it would be very helpful for the jury to get a sense of the conditions that actually prevailed as close as they can to the night in question. The only thing that we would ask is that we do so at the appropriate phase of the moon, which I think the Court has already determined.
Well, if you saw the memo that was prepared by Mr. Byrne. But I have the feeling that there's so much unnatural ambient lighting that any phase of the moon at that particular location is probably irrelevant.
Your Honor, after having gone back to the scene and reviewing it, the conditions have changed dramatically in terms of foliage, growth, patterns and lighting; and, therefore, it does not properly in our opinion replicate the situation on the night of the murders. Since the jury has already been out once and since it is a very costly and time-consuming endeavor and it is our desire to present our case as quickly and as expeditiously as possible and to get this case to the jury as quickly as possible, it is our position that an additional view is unwarranted and unnecessary, and we object.
All right. Do you have any photographic comparisons of the location to depict the change in shrubbery?
No, we do not, your Honor. That was just done visually by myself and other lawyers and investigators.
Well, had I known that the Defense was going to oppose this, which is something they initially were in favor of, I think that we would have presented points and authorities to the Court. We think it is the appropriate thing to do. The Court can make the determination as to the change in conditions, but according to those who have been recently to the scene, as recently as this morning, it's my understanding that not only has the scene not dramatically changed, but it has changed indeed very little in terms of the foliage and the conditions in which the bodies--of the scene in which the bodies were found. So I would urge the Court to--what we can do is have photographs taken for the Court's benefit to review to determine in its judgment whether you feel that the conditions have changed or perhaps the Court would like to take a visit to the scene. I know. And you'll have a motorcade. So perhaps it would be best if we submitted photographs to the Court. But I think it is important for the jurors to see the condition of that scene at nighttime, which is really the representative condition of the scene.
Yes, your Honor, we would. Would the Court--would the Court like us to have photographs taken?
Well, it's either that or I have to go out there myself and look. I would prefer that you have photographic comparisons of the two before and after.
Okay. Okay. Fine. We will do that. I'm sure if the Court went out there, it would be a parade.
I think I could manage it. But I would prefer since my schedule is rather tight between now and Wednesday, but I do need to make a decision this week and notify both the sheriff's department and the police department because of their logistics and staffing requirements.
Okay. We'll have daytime photographs taken because that would make it easiest I suppose for the Court to--
Your Honor, one of our concerns is the overlying tree foliage and the growth patterns of the trees as compared to--
--the incident. Also, even though we do object to any view, if the Court decides to have a view, we would respectfully suggest that both areas be viewed, Rockingham and Bundy. However, our position is that neither should be viewed. Thank you.
May I indicate one thing, your Honor? It will just take a second. That if there is--if the Court determines a Rockingham view is appropriate given the issues involved, there is no interior issue with respect to Rockingham at night. And if the Court determines it to be appropriate, it would be solely exterior through the gates if anything, which we submit--
It's relevant to what Mr. Park said he could see and what Mr. Kaelin said he could see.
Although they'd have to take the tarp down that's presently over the gate because that is a substantial change in circumstance. And I don't know if that foliage is the same either. So we'd have the same issue.
Your Honor, I informed the Defense that I'm going to be using the board concerning the dog hair comparisons, but we're not going to go into the Chachi hairs. So I would ask that those photographs be blocked out at a later time. I'm going to ask permission of the Court to crop--either crop the board or remount on a different board the photographs that we're talking about.
the conditions have changed dramatically in terms of foliage, growth, patterns and lighting; and, therefore, it does not properly in our opinion replicate the situation on the night of the murders.
I think it would be very helpful for the jury to get a sense of the conditions that actually prevailed as close as they can to the night in question.
I have the feeling that there's so much unnatural ambient lighting that any phase of the moon at that particular location is probably irrelevant.
even though we do object to any view, if the Court decides to have a view, we would respectfully suggest that both areas be viewed, Rockingham and Bundy.