📄 Court adjourns — Friday, March 10, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\10\COURT-ADJOURNS.DOC
TRIAL
▲ Day 35 of 167

Court adjourns

Date: Friday, March 10, 1995 • Utterances: 13
A brief out-of-jury session in which Judge Ito addresses a videotape dispute that had previously been referred to Judge Curtis Rappe in Department 127, offering defense counsel a chance to view it in chambers. F. Lee Bailey also raises a discovery issue concerning Fuhrman's notes or records from sessions where he was questioned ahead of his testimony, which the court defers to a chambers discussion under Penal Code section 1054.7. Court adjourns until Monday, March 13.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)
2 THE COURT:

COUNSEL, WHY DON'T YOU BE SEATED. ALL RIGHT. COUNSEL, WITH REGARD TO THE VIDEOTAPE ISSUE, MY RECOLLECTION IS THAT SIMILAR ISSUES OR WHAT ACTUALLY APPEAR TO BE IDENTICAL ISSUES HAVE BEEN REFERRED TO JUDGE CURTIS RAPPE IN DEPARTMENT 127 FOR HIS EVALUATION. MR. COCHRAN, YOU RAISED THE ISSUE EARLIER. ARE YOU FAMILIAR WITH THE CONTENT OF THAT VIDEOTAPE?

3 MR. COCHRAN:

NO, I'M NOT. I WAS TOLD BY MISS LEWIS THIS MORNING ABOUT THE VIDEOTAPE, AND WHEN WE WERE LEAVING YESTERDAY, AS WE WERE GETTING IN THE CAR, SOME PEOPLE WERE ASKING QUESTIONS ABOUT THAT. THAT'S ALL I KNOW.

KEY QUOTE
4 THE COURT:

IT APPEARS TO BE THE SAME AS WE DISCUSSED -- THE SAME ISSUE WE DISCUSSED ABOUT TWO MONTHS AGO. BUT IN ANY EVENT, WHAT I'M GOING TO DO IS GIVE YOU THE VIDEOTAPE, OR IF YOU WANT, YOU CAN SEE IT IN MY CHAMBERS, SEE WHAT YOU MAKE OF IT. IF YOU WANT TO ASK JUDGE RAPPE FOR A HEARING, WE'LL NOTIFY DEPARTMENT 127.

5 MR. COCHRAN:

THAT MIGHT BE HELPFUL.

6 THE COURT:

ALL RIGHT.

7 MR. DARDEN:

THAT'S OUR COPY.

8 THE COURT:

LET ME SHOW IT TO DEFENSE COUNSEL BECAUSE YOU'VE SEEN IT. THEY CAN SEE IF THEY WANT TO ASK FOR A HEARING OR IF EITHER SIDE WANTS TO ASK FOR A HEARING. THEN FOR DISCOVERY MATTERS, I WOULD LIKE TO SEE COUNSEL IN CHAMBERS. ANYTHING ELSE?

9 MR. BAILEY:

WE CAN TAKE IT UP HERE, BUT WE THINK WE ARE ENTITLED UNDER THE CIRCUMSTANCES TO ANY NOTES OR OTHER RECORDS OF THE SESSIONS DESCRIBED BY DETECTIVE FUHRMAN AT THE OUTSET OF HIS TESTIMONY WHERE HE WAS BEING FRAMED OR GRILLED OR SOMETHING ON THE ISSUES OF --

10 THE COURT:

WELL, THAT'S ANOTHER ISSUE. FIRST I WANT TO TAKE UP THE 1054 .7 MATTER WITH YOU, THE SHOWING THAT YOU PRESENTED TO THE COURT THIS MORNING. WE'LL TAKE THAT MATTER UP.

11 MR. BAILEY:

FINE.

12 THE COURT:

THANK YOU. WE'LL STAND IN RECESS. THANK YOU.

13 (AT 12:05 P.M., AN ADJOURNMENT WAS TAKEN UNTIL, MONDAY, MARCH 13, 1995.)

Temperature

procedural

Key Quotes (3)

Johnnie Cochran
NO, I'M NOT. I WAS TOLD BY MISS LEWIS THIS MORNING ABOUT THE VIDEOTAPE, AND WHEN WE WERE LEAVING YESTERDAY, AS WE WERE GETTING IN THE CAR, SOME PEOPLE WERE ASKING QUESTIONS ABOUT THAT. THAT'S ALL I KNOW.
Cochran distances himself from any prior knowledge of the videotape, suggesting it surfaced unexpectedly and may have been captured by media outside the courthouse.
Christopher Darden
THAT'S OUR COPY.
Darden's brief interjection clarifies the videotape belongs to the prosecution, signaling a potential discovery or chain-of-custody issue.
F. Lee Bailey
WE THINK WE ARE ENTITLED UNDER THE CIRCUMSTANCES TO ANY NOTES OR OTHER RECORDS OF THE SESSIONS DESCRIBED BY DETECTIVE FUHRMAN AT THE OUTSET OF HIS TESTIMONY WHERE HE WAS BEING FRAMED OR GRILLED OR SOMETHING ON THE ISSUES OF --
Bailey's interrupted demand flags a defense effort to obtain records from Fuhrman's pre-testimony preparation sessions, potentially seeking impeachment material.

Evidence (2)

Informal
An unspecified videotape, apparently the same as one discussed approximately two months prior and previously referred to Judge Curtis Rappe in Department 127
discussed; court offers to show to defense counsel in chambers
Informal
Notes or records from pre-testimony sessions with Detective Fuhrman, referenced by Bailey as discovery material the defense believes it is entitled to
demanded by defense; deferred to chambers discussion

Notable Exchanges (1)

F. Lee BaileyLance A. Ito
Bailey attempts to raise a discovery demand for Fuhrman's pre-testimony notes on the record; Ito cuts him off and redirects to the 1054.7 matter first, keeping the issue for chambers.
strategic

Objections

None recorded
Proceeding 5255 • 13 utterances
Criminal Trial
Department 103
⚖️ Start
📂 MAR 10, 1995 📄 Court adjourns
MAR 10, 1995 KRT DvH TD