Jury instruction: inadmissible testimony

📄 Jury instruction: inadmissible testimony — Thursday, March 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\23\JURY-INSTRUCTION-INADMISSIBLE-.DOC

TRIAL

▲ Day 44 of 167

◀ Sidebar: 1989 testimony Morning session opening ▶

Date: Thursday, March 23, 1995 • Utterances: 3

Judge Ito instructs the jury to completely disregard a question and answer about Kato Kaelin's knowledge of events in 1989, noting that Kaelin was not acquainted with anyone in the case until June 1992. The court then recesses until Monday morning, with Kaelin ordered to return and standard jury admonitions issued.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN, THE LAST QUESTION AND ANSWER REGARDING -- THE LAST QUESTION AND ANSWER TO MR. KAELIN REGARDING HIS KNOWLEDGE OF EVENTS IN 1989 -- IF YOU RECOLLECT, MR. KAELIN HAS TESTIFIED, AND WHAT APPEARS TO BE UNDISPUTED IN THE RECORD, THAT MR. KAELIN WAS NOT ACQUAINTED WITH ANYBODY IN THIS CASE UNTIL JUNE OF 1992. I'VE SUSTAINED THE OBJECTION TO THE QUESTION. YOU ARE TO COMPLETELY DISREGARD THE IMPLICATION SUGGESTED BY THAT QUESTION. THERE'S SOME OTHER MATTERS I NEED TO TAKE UP. I DON'T KNOW IF THE BAILIFFS HAVE TOLD YOU, BUT WE ARE GOING TO BE DARK AS FAR AS THIS CASE IS CONCERNED TOMORROW. I HAVE TWO OTHER CASES THAT I HAVE ON MY CALENDAR THAT I ANTICIPATE ARE GOING TO TAKE A FULL DAY TO HANDLE PLUS SOME OTHER MATTERS ON THIS CASE. SO WE WILL NOT BE IN SESSION TOMORROW. WE WILL STAND IN RECESS NOW AS FAR AS THE JURY IS CONCERNED UNTIL 9:00 A.M. MONDAY MORNING. PLEASE REMEMBER ALL MY ADMONITIONS; DO NOT DISCUSS THE CASE AMONGST YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DO NOT CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU, DO NOT ALLOW ANYONE TO COMMUNICATE WITH YOU IN REGARDS TO THE CASE. MR. KAELIN, YOU MAY STEP DOWN. YOU ARE ORDERED TO RETURN MONDAY MORNING, 8:45. THANK YOU, SIR. ALSO, DO NOT DISCUSS YOUR TESTIMONY WITH ANYBODY EXCEPT FOR THE ATTORNEYS IN THE CASE AND YOUR OWN COUNSEL. ALL RIGHT. WE'LL STAND IN RECESS FOR 15 MINUTES, AND THEN I'LL SEE COUNSEL ON THE DISCOVERY MATTERS.

# 3 (AT 3:20 P.M., AN ADJOURNMENT WAS TAKEN UNTIL, MONDAY, MARCH 27, 1995, 9:00 A.M.)

Temperature

procedural

Key Quotes (2)

Lance A. Ito

YOU ARE TO COMPLETELY DISREGARD THE IMPLICATION SUGGESTED BY THAT QUESTION.

The judge's curative instruction following a sustained objection — notable because it targets the 'implication' of the question, not merely its content, suggesting the question was designed to prejudice the jury.

Lance A. Ito

MR. KAELIN HAS TESTIFIED, AND WHAT APPEARS TO BE UNDISPUTED IN THE RECORD, THAT MR. KAELIN WAS NOT ACQUAINTED WITH ANYBODY IN THIS CASE UNTIL JUNE OF 1992.

The factual basis for striking the question — Kaelin had no connection to the principals before 1992, making any 1989 knowledge impossible and the question misleading.

Notable Exchanges (1)

Lance A. Ito•Jury

Judge issues curative instruction directing jurors to disregard a question implying Kaelin had knowledge of 1989 events, emphasizing the implication itself was improper.

firm, instructional

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 5403 • 3 utterances

Criminal Trial

Department 103