📄 Exhibit review and witness preparation — Tuesday, March 21, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\21\EXHIBIT-REVIEW-AND-WITNESS-PRE.DOC
TRIAL
▲ Day 42 of 167

Exhibit review and witness preparation

Date: Tuesday, March 21, 1995 • Utterances: 28
A brief administrative pause before Brian 'Kato' Kaelin takes the witness stand. Clark asked for a moment to show exhibit boards to defense counsel, prompting the jury to briefly step out. Robert Shapiro confirmed he would handle cross-examination of Kaelin.
1 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
2 THE COURT:

MISS CLARK.

3 MS. CLARK:

YES, YOUR HONOR. PEOPLE CALL MR. KAELIN, BRIAN KAELIN.

4 THE COURT:

IS HE AVAILABLE?

5 MS. CLARK:

MAY WE HAVE A MOMENT TO SHOW SOME BOARDS TO DEFENSE BEFORE MR. KAELIN TAKES THE WITNESS STAND?

6 THE COURT:

A BOARD?

7 MS. CLARK:

PARDON?

8 THE COURT:

I'M SORRY.

9 MS. CLARK:

BOARDS.

10 THE COURT:

BOARDS?

11 MS. CLARK:

PLURAL.

12 THE COURT:

ALL RIGHT. LET ME ASK THE JURORS THEN TO STEP BACK INTO THE JURY ROOM BRIEFLY. IT SHOULD ONLY BE ABOUT FIVE MINUTES JUST TO LOOK AT SOME EXHIBITS. THEN WE'LL START WITH THE WITNESS.

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

THANK YOU, LADIES AND GENTLEMEN. BE SEATED, PLEASE. MISS CLARK, YOU HAD SOME ITEMS YOU WANTED TO SHOW -- MR. SHAPIRO, WHO'S GOING TO BE HANDLING THIS NEXT WITNESS FOR THE DEFENSE?

15 MR. SHAPIRO:

I WILL, YOUR HONOR.

16 MS. CLARK:

YES, YOUR HONOR. THANK YOU.

17 THE COURT:

ALL RIGHT. MISS CLARK, YOU WANT TO SHOW THESE BOARDS TO COUNSEL?

18 MS. CLARK:

UH-HUH.

19 THE COURT:

IS THAT YES?

20 MS. CLARK:

I AM SORRY. YES, YOUR HONOR. IT STARTED WITH THE FREEWAY, THIS MORNING AND --

21 THE COURT:

WENT DOWNHILL.

22 MS. CLARK:

WENT DOWNHILL, ABSOLUTELY.

23 (BRIEF PAUSE.)
24 THE COURT:

ALL RIGHT. COUNSEL, ARE WE READY TO PROCEED?

25 MR. SHAPIRO:

YES, YOUR HONOR, THANK YOU.

26 THE COURT:

ALL RIGHT. MISS CLARK, WHY DON'T YOU HAVE YOUR STAFF RECAPTURE THOSE EXHIBITS AND LET'S PROCEED. LET'S HAVE THE JURORS, PLEASE, DEPUTY MAGNERA.

27 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)
28 THE COURT:

THANK YOU, LADIES AND GENTLEMEN. BE SEATED. MISS CLARK.

Temperature

routine

Key Quotes (2)

Lance A. Ito
WENT DOWNHILL.
Judge Ito finishing Clark's sentence with a deadpan joke about her rough morning — a rare moment of levity from the bench.
Marcia Clark
IT STARTED WITH THE FREEWAY, THIS MORNING AND -- WENT DOWNHILL, ABSOLUTELY.
Clark's candid admission of a bad day, setting a briefly informal tone before a major witness.

Evidence (1)

Informal
Exhibit boards (plural) to be shown to defense counsel prior to Kaelin's testimony
disclosed to opposing counsel before witness testimony

Notable Exchanges (1)

Lance A. ItoMarcia Clark
Ito gently corrected Clark's non-verbal 'uh-huh' affirmation, then traded a quick joke with her about her rough morning commute.
light

Light Moments (2)

Lance A. Ito
Ito corrects Clark's 'uh-huh' with 'IS THAT YES?' then riffs on her bad morning: 'WENT DOWNHILL.' Clark agrees: 'WENT DOWNHILL, ABSOLUTELY.'
Marcia Clark
Brief comedic back-and-forth over 'board' vs 'boards' — Clark having to spell out 'PLURAL' for the judge.

Objections

None recorded
Proceeding 5364 • 28 utterances
Criminal Trial
Department 103
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📂 MAR 21, 1995 📄 Exhibit review and witness pre
MAR 21, 1995 KRT DvH TD