Morning session opening

📄 Morning session opening — Monday, March 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\20\MORNING-SESSION-OPENING.DOC

TRIAL

▲ Day 41 of 167

◀ Jury instructions and recess Direct examination of Philip Vannatter ▶

Date: Monday, March 20, 1995 • Utterances: 13

A brief pre-jury administrative session in which the prosecution raised a discovery dispute over missing notes from defense domestic violence expert Dr. Lenore Walker. Judge Ito deferred the matter to a 3 o'clock calendar and asked to be reminded after DNA matters were addressed.

# 1 (JANET M. MOXHAM, CSR NO. 4855, OFFICIAL REPORTER.)

# 2 (CHRISTINE M. OLSON, CSR NO. 2378, OFFICIAL REPORTER.)

# 3 (PAGES 19306 THROUGH 19360, VOLUME 109A, TRANSCRIBED AND SEALED UNDER SEPARATE COVER.)

# 4 THE COURT:

ALL RIGHT. GOOD AFTERNOON, COUNSEL. BACK ON THE RECORD IN THE SIMPSON MATTER. THE DEFENDANT IS AGAIN PRESENT BEFORE THE COURT WITH HIS COUNSEL, MR. SHAPIRO, MR. COCHRAN, MR. DOUGLAS, MR. BAILEY. THE PEOPLE ARE REPRESENTED BY MISS CLARK, MR. DARDEN AND MISS LEWIS. THE JURY IS NOT PRESENT. COUNSEL, IS THERE ANYTHING WE NEED TO DISCUSS BEFORE WE RESUME WITH DETECTIVE VANNATTER?

# 5 MR. BAILEY:

I HOPE YOUR GREETING "GOOD AFTERNOON" WAS NOT ON COMMENT ON MY BEING FIVE MINUTES LATE?

# 6 THE COURT:

NO, IT WASN'T. DID I SAY THAT?

# 7 MS. LEWIS:

YOUR HONOR, GOOD MORNING -- YESTERDAY -- I'M SORRY -- FRIDAY AFTERNOON -- WEEKENDS PASS SO QUICKLY -- FRIDAY AFTERNOON, FOLLOWING WHAT I BELIEVE WAS AN IN CAMERA HEARING WITH THE COURT BY THE DEFENSE, WE RECEIVED A PACKAGE OF DISCOVERY MATERIALS. THIS MORNING I RECEIVED FROM MR. BLASIER A FEW ADDITIONAL DISCOVERY MATERIALS. THERE IS A NOTEWORTHY ABSENCE FROM THESE MATERIALS WE RECEIVED; THE NOTES OF OBSERVATIONS AND TESTING AND SO FORTH FROM THE DEFENSE DOMESTIC VIOLENCE EXPERT, DR. LENORE WALKER.

# 8 THE COURT:

ALL RIGHT. I THOUGHT THAT THEY HAD COMMUNICATED WITH YOU IN THEIR DISCUSSIONS THAT SOME OF THE MATTERS THAT -- MY RECOLLECTION IS THAT DR. WALKER WAS OUT OF THE OFFICE AND WOULD BE FAXING THE MATTERS TO COUNSEL THIS MORNING AND THEY ANTICIPATED COMPLYING WITH THOSE MATTERS TODAY OR TOMORROW WAS MY RECOLLECTION.

# 9 MS. LEWIS:

THAT WAS NOT EXACTLY THE WAY THAT MY DISCUSSION WITH MR. BLASIER -- THAT IS NOT EXACTLY WHAT I WAS TOLD.

# 10 THE COURT:

ALL RIGHT. WELL, COUNSEL THIS IS A DISCOVERY MATTER THAT WE WILL TAKE UP AT OUR THREE O'CLOCK CALENDAR.

# 11 MS. LEWIS:

THANK YOU, YOUR HONOR.

# 12 THE COURT:

REMIND ME TO DO THAT AFTER WE DO THE DNA MATTERS.

# 13 THE COURT:

ALL RIGHT. ANYTHING ELSE WITH REGARD TO THE JURY MATTERS THAT WE CAN TAKE UP? ALL RIGHT. LET'S HAVE THE JURY. (BRIEF PAUSE.)

Temperature

procedural

Key Quotes (2)

Cheri Lewis

THERE IS A NOTEWORTHY ABSENCE FROM THESE MATERIALS WE RECEIVED; THE NOTES OF OBSERVATIONS AND TESTING AND SO FORTH FROM THE DEFENSE DOMESTIC VIOLENCE EXPERT, DR. LENORE WALKER.

Flags that the defense has not produced discovery materials from their domestic violence expert, a key witness for the defense narrative.

F. Lee Bailey

I HOPE YOUR GREETING 'GOOD AFTERNOON' WAS NOT ON COMMENT ON MY BEING FIVE MINUTES LATE?

Rare light moment; Bailey deflects with humor as court resumes.

Notable Exchanges (1)

Cheri Lewis•Lance A. Ito

Lewis flagged that Dr. Lenore Walker's notes were absent from defense discovery. Ito indicated his understanding was that Walker was out of office and would fax materials that day or the next, but Lewis said that was not what she had been told by Blasier.

tense

Light Moments (1)

F. Lee Bailey

Bailey quipped that he hoped the judge's 'good afternoon' greeting was not a remark about him being five minutes late.

Witness Demeanor

(BRIEF PAUSE.)

Objections

None recorded

Proceeding 5336 • 13 utterances

Criminal Trial

Department 103