Tourtelot letter discussion

📄 Tourtelot letter discussion — Wednesday, March 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\15\TOURTELOT-LETTER-DISCUSSION.DOC

TRIAL

▲ Day 38 of 167

◀ Jury instruction: recess Resuming session ▶

Date: Wednesday, March 15, 1995 • Utterances: 14

Judge Ito notes that a critical line showing a dollar amount in the Tourtelot letter is obscured on his photocopy and cannot be read clearly. Bailey suggests it is plainly a six-figure sum and notes Tourtelot is available upstairs and that newspaper accounts confirm the amount. Clark admits she forgot to ask Tourtelot about the original during the lunch break, and the judge defers ruling until a legible copy can be obtained.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

# 2 THE COURT:

BACK ON THE RECORD IN THE SIMPSON MATTER. ALL PARTIES ARE AGAIN PRESENT. COUNSEL, DID WE GET A BETTER PHOTOCOPY OF THE TOURTELOT LETTER BECAUSE --

# 3 MR. BAILEY:

I WAS GOING TO DO THAT, YOUR HONOR. I DON'T KNOW IF IT HAS BEEN DONE.

# 4 THE COURT:

I MUST CONFESS, THE -- ONE OF THE CRITICAL LINES REGARDING THE AMOUNT IS OBSCURED ON MY COPY AND COULD BE INTERPRETED AS 200,000.

# 5 MR. BAILEY:

I THINK IT'S PRETTY PLAINLY SIX FIGURES AFTER THE DOLLAR SIGN.

KEY QUOTE

# 6 THE COURT:

THE PROBLEM IS, THE PHOTOCOPY IMPERFECTION IS EXACTLY -- AND IT APPEARS TO HAVE BEEN REDUCED AS WELL.

# 7 MR. BAILEY:

WELL, MR. TOURTELOT IS UPSTAIRS. I'M SURE THE GOVERNMENT COULD FIND OUT IF THE ORIGINAL SAYS A HUNDRED. THE NEWSPAPER ARTICLE SAYS IT IN SEVERAL PLACES AND SAID THAT HE ACKNOWLEDGED IT. SO -- I CAN'T IMAGINE THEM TRYING TO RAISE 10.

# 8 THE COURT:

MISS CLARK, DO WE KNOW IF THAT'S AVAILABLE? THAT WAS OUR INQUIRY WHEN WE BROKE FOR LUNCH.

# 9 MS. CLARK:

I KNOW. I FORGOT TO ASK MR. TOURTELOT. I AM SORRY, YOUR HONOR. I CAN DO THAT. WE'RE DOING IT NOW.

KEY QUOTE

# 10 THE COURT:

ALL RIGHT. ALL RIGHT. ARE WE READY TO PROCEED IN THE ABSENCE OF THAT? I WOULD LIKE TO SEE THE READ AND -- A CLEAR COPY OF THIS LETTER BEFORE WE PROCEED WITH IT.

# 11 MS. CLARK:

THE COURT HAS NOT ISSUED A RULING YET THEN.

# 12 THE COURT:

NO. ONE OF THE CRITICAL LINES HERE IS OBSCURED TO ME AND I ASSUME YOUR COPY IS THE SAME.

# 13 MS. CLARK:

YES.

# 14 THE COURT:

ALL RIGHT. ALL RIGHT. THEN LET'S GET AS FAR AS WE CAN WITH THE JURY THIS AFTERNOON. ALL RIGHT. DEPUTY MAGNERA, LET'S HAVE THE JURORS, PLEASE.

Temperature

procedural

Key Quotes (3)

Lance A. Ito

ONE OF THE CRITICAL LINES REGARDING THE AMOUNT IS OBSCURED ON MY COPY AND COULD BE INTERPRETED AS 200,000.

Identifies the specific evidentiary problem — the dollar figure in the letter is unreadable, making authentication or interpretation impossible.

F. Lee Bailey

I THINK IT'S PRETTY PLAINLY SIX FIGURES AFTER THE DOLLAR SIGN.

Bailey asserts the amount is unambiguous despite the photocopy quality, suggesting strategic importance of the figure.

Marcia Clark

I KNOW. I FORGOT TO ASK MR. TOURTELOT. I AM SORRY, YOUR HONOR. I CAN DO THAT. WE'RE DOING IT NOW.

Clark acknowledges a procedural lapse — failing to clarify the document during the lunch recess as directed.

Evidence (1)

Informal

The Tourtelot letter — a document with an obscured dollar amount, likely relating to a financial arrangement; a newspaper article is also referenced as corroboration of the amount.

discussed, ruling deferred pending legible copy

Notable Exchanges (1)

Lance A. Ito•Marcia Clark

Judge notes Clark was supposed to clarify the letter's dollar amount during the lunch break; Clark admits she forgot and apologizes.

mildly admonishing

Objections

None recorded

Proceeding 5297 • 14 utterances

Criminal Trial

Department 103