Off-record discussion

📄 Off-record discussion — Tuesday, March 14, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\14\OFF-RECORD-DISCUSSION.DOC

TRIAL

▲ Day 37 of 167

◀ Cross-examination of Mark Fuhrman (afternoon, part 2) Sidebar: witness scheduling ▶

Date: Tuesday, March 14, 1995 • Utterances: 8

A brief off-record defense huddle preceded F. Lee Bailey momentarily misplacing an in-camera document, which he quickly located himself. The proceeding ends with Bailey requesting a bench approach with the court reporter present.

# 1 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 2 MR. BAILEY:

MAY I HAVE JUST A MINUTE, YOUR HONOR?

# 3 THE COURT:

CERTAINLY.

# 4 (BRIEF PAUSE.)

# 5 MR. BAILEY:

I'M LOOKING, YOUR HONOR, FOR A DOCUMENT WE WERE DISCUSSING THAT YOU SENT FOR SOMETIME AGO OF AN IN CAMERA NATURE. IF YOU HAVE IT ON THE BENCH -- I CAN'T LOCATE MINE. MAYBE WE COULD APPROACH. I HAVE A QUESTION ABOUT IT.

KEY QUOTE

# 6 THE COURT:

ALL RIGHT. WHY DON'T YOU APPROACH WITHOUT THE COURT REPORTER, PLEASE.

KEY QUOTE

# 7 MR. BAILEY:

WAIT A MINUTE. I'M SORRY. I HAVE IT. OKAY. QUESTION ANSWERED. MAY WE APPROACH THE BENCH?

# 8 THE COURT:

YES, WITH THE COURT REPORTER, PLEASE.

Temperature

routine

Key Quotes (2)

F. Lee Bailey

I'M LOOKING, YOUR HONOR, FOR A DOCUMENT WE WERE DISCUSSING THAT YOU SENT FOR SOMETIME AGO OF AN IN CAMERA NATURE.

Signals the existence of a sealed/in-camera document relevant to ongoing proceedings.

Lance A. Ito

ALL RIGHT. WHY DON'T YOU APPROACH WITHOUT THE COURT REPORTER, PLEASE.

Judge initially moves to keep the in-camera matter off the record, then reverses when Bailey finds the document.

Evidence (1)

Informal

An in-camera document previously requested by the court

discussed informally; Bailey temporarily could not locate his copy

Notable Exchanges (1)

F. Lee Bailey•Lance A. Ito

Bailey initially requests an off-record approach to discuss a sealed document he cannot find, then immediately locates it and pivots to requesting a standard on-record bench approach.

procedural

Light Moments (1)

F. Lee Bailey

Bailey loses a document mid-sentence, then finds it himself seconds later: 'WAIT A MINUTE. I'M SORRY. I HAVE IT. OKAY. QUESTION ANSWERED.'

Objections

None recorded

Proceeding 5284 • 8 utterances

Criminal Trial

Department 103