Direct examination of Dr. Lakshmanan Sathyavagiswaran (part 1)

📄 Direct examination of Dr. Lakshmanan Sathyavagiswaran (part 1) — Wednesday, June 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\7\DIRECT-EXAMINATION-OF-DR-LAKSH.DOC

TRIAL

▲ Day 90 of 167

◀ Sidebar: jury return Sidebar: photograph exhibit ▶

Witness: Dr. Lakshmanan Sathyavagiswaran
Examiner: Brian Kelberg
Called by: Prosecution • Date: Wednesday, June 7, 1995 • Utterances: 24

Dr. Lakshmanan resumes the witness stand for continued direct examination by prosecutor Brian Kelberg in the civil trial. The session opens with Judge Ito warning jurors that some evidence will be unpleasant and inviting them to request breaks. The proceeding ends almost immediately when Kelberg moves to introduce a newspaper photograph (People's 353) and Shapiro requests a sidebar before it can be displayed.

# 1 (The following proceedings were held in open court, in the presence of the jury:)

# 2 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. Let the record reflect that we have been rejoined by all the members of our jury panel. Good morning, ladies and gentlemen.

THE JURY: Good morning.

Lakshmanan Sathyavagiswaran, the witness on the stand at the time of the evening adjournment, resumed the stand and testified further as follows:

# 3 THE COURT:

All right. Dr. Lakshmanan is again on the witness stand. Good morning, doctor.

# 4 DR. LAKSHMANAN:

Good morning, your Honor.

# 5 THE COURT:

Doctor, you are reminded, sir, that you are still under oath. And Dr. Lakshmanan is undergoing direct examination by Mr. Kelberg. Ladies and gentlemen, before we proceed any further, as I mentioned to you earlier in the week, that some of this presentation will be unpleasant, and we understand that it is difficult duty as jurors for you to have to view some of these items of evidence. However, it is necessary that you consider each item of evidence that is presented to you. If you have difficulty or find yourself feeling very uncomfortable and if you think it would be appropriate to take a break, please feel free to let me know. All right. All right. Mr. Kelberg.

# 6 MR. KELBERG:

Thank you, your Honor. And your Honor, for the record, we have moved the easel, again at the suggestion of one of the deputies, to try and do as much as we can to shield the photographs from the audience section and at the same time give the ladies and gentlemen of the jury an opportunity to view the photographs. I would ask if the newest movement creates an inability on any of the juror's part to see what the juror feels he or she needs to see, I would ask that the Court be apprised of that so that we could perhaps juggle it a little bit better.

# 7 THE COURT:

All right. The Court routinely canvasses the extremities of the jury panel for their ability to see.

# 8 MR. KELBERG:

Thank you, your Honor.

# 9 THE COURT:

All right. Proceed.

# 10 MR. KELBERG:

Good morning, ladies and gentlemen.

THE JURY: Good morning.

# 11 MR. KELBERG:

Good morning, doctor.

# 12 DR. LAKSHMANAN:

Good morning.

# 13 MR. KELBERG:

Your Honor, I have what appears to be a newspaper photograph that I would ask to be marked as exhibit 353.

# 14 THE COURT:

All right. Have you shown that to Mr. Shapiro?

# 15 MR. KELBERG:

I showed it to Mr. Cochran this morning.

# 16 THE COURT:

All right. People's 353.

# 17 (Peo's 353 for id = newspaper photo)

# 18 MR. KELBERG:

Yes, and I will ask Mr. Fairtlough to put it on the elmo.

DIRECT EXAMINATION (RESUMED) BY MR. KELBERG

# 19 MR. KELBERG:

Doctor--

# 20 MR. SHAPIRO:

Your Honor, may we have just a moment before that is put up?

# 21 THE COURT:

Yes.

# 22 (Discussion held off the record between Deputy District Attorney and Defense counsel.)

# 23 MR. SHAPIRO:

May we approach, your Honor?

# 24 THE COURT:

With the court reporter, please.

Temperature

procedural

Key Quotes (2)

Lance A. Ito

some of this presentation will be unpleasant, and we understand that it is difficult duty as jurors for you to have to view some of these items of evidence. However, it is necessary that you consider each item of evidence that is presented to you.

Judge proactively acknowledges the graphic nature of upcoming forensic/autopsy evidence, signaling to jurors they may see disturbing material.

Brian Kelberg

we have moved the easel, again at the suggestion of one of the deputies, to try and do as much as we can to shield the photographs from the audience section

Reveals that graphic crime scene or autopsy photographs are being managed carefully — shielded from spectators but shown to jurors.

Evidence (1)

People's 353

Newspaper photograph, shown to Cochran by Kelberg before court

Marked for identification; display halted when Shapiro requested sidebar

Notable Exchanges (1)

Brian Kelberg•Robert Shapiro

Shapiro requests a sidebar immediately before People's 353 (a newspaper photograph) can be displayed on the Elmo, suggesting a dispute over its admissibility or foundation.

strategic

Objections

None recorded

Proceeding 6309 • 24 utterances • Prosecution witness

Criminal Trial

Department 103