📄 Sidebar: photographs — Wednesday, March 29, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\29\SIDEBAR-PHOTOGRAPHS.DOC
TRIAL
▲ Day 47 of 167

Sidebar: photographs

Date: Wednesday, March 29, 1995 • Utterances: 26
Defense counsel Carl Douglas asked the prosecution to explain their intentions with photographs and a trash can exhibit. Clark revealed she has a new witness who will testify to seeing Simpson reach into the trash can area and zip up a bag, potentially tying the trash can to evidence disposal. Judge Ito allowed the photographs to be shown to the witness to confirm the scene's appearance on June 12th.
1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)
2 THE COURT:

WE ARE OVER AT THE SIDE BAR. MR. DOUGLAS.

3 MR. DOUGLAS:

I JUST WONDERED IF MISS CLARK CAN GIVE AN OFFER AS TO WHAT HER DESIGNS ARE WITH THESE PHOTOGRAPHS AND WITH THE TRASH CAN.

4 THE COURT:

WHAT HER DESIGNS ARE?

5 MR. DOUGLAS:

WHAT SHE WANTS TO DO WITH THEM?

6 MS. CLARK:

I'M JUST GOING TO SHOW THEM TO HIM AND ASK HIM IF THIS ACCURATELY REFLECTS HIS PODIUM AND THE TRASH CAN HE JUST DESCRIBED ON THE DATE OF JUNE THE 12TH. THAT IS IT.

7 MR. DOUGLAS:

OKAY. THANK YOU, YOUR HONOR.

8 THE COURT:

CAN I SEE?

9 (BRIEF PAUSE.)
10 MR. DOUGLAS:

THE COURT THINKS THAT IT IS RELEVANT THAT SHE SHOULD SHOW THE TRASH CANS?

11 MS. CLARK:

IT IS RELEVANT.

12 THE COURT:

ARE YOU GOING TO TIE IT UP SOMEHOW?

13 MS. CLARK:

UH-HUH.

14 THE COURT:

HOW?

15 MS. CLARK:

THERE IS A WITNESS WHO HAS COME FORWARD WHOSE REPORT WILL BE TURNED OVER TO COUNSEL WHO SAW THE DEFENDANT -- OF COURSE PARK HAS ALSO ALREADY TESTIFIED TO THE FACT THAT HE PLACED ONE OF THE BAGS -- ONE OF THE DUFFLE BAGS ON TOP OF THE TRASH CAN. THIS WITNESS WILL STATE THAT HE SAW MR. SIMPSON REACH DOWN, THEN REACH BACK UP AND GO INTO HIS BAG AND ZIP IT UP.

16 MR. COCHRAN:

WHAT?

17 MS. CLARK:

ON THE TRASH CAN. IT IS COMING. I JUST TALKED TO THE GUY TODAY.

KEY QUOTE
18 MR. COCHRAN:

WHAT IS COMING? THE TRASH CAN IS COMING OR THE REPORT?

KEY QUOTE
19 MS. CLARK:

THE TRASH CAN IS COMING, TOO. WE ARE MARKING IT. THAT IS THE WITNESS.

20 THE COURT:

THESE ARE JUST INNOCUOUS -- I'M NOT EVEN GOING TO SUGGEST ANYTHING. JUST ASK HIM IS THAT HOW IT LOOKED ON JUNE THE 12TH AND THAT IS IT.

21 THE COURT:

ALL RIGHT.

22 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
23 THE COURT:

ALL RIGHT. PROCEED.

24 THE WITNESS:

YOU HAVE SOME GOOD WATER HERE, BEATS THAT STUFF OUTSIDE.

25 MS. CLARK:

DON'T DRINK THAT STUFF OUTSIDE. SKULL AND CROSS BONES OVER THAT.

26 THE COURT:

ALL RIGHT. LET'S PROCEED. MISS CLARK.

Temperature

tense

Key Quotes (3)

Marcia Clark
THIS WITNESS WILL STATE THAT HE SAW MR. SIMPSON REACH DOWN, THEN REACH BACK UP AND GO INTO HIS BAG AND ZIP IT UP.
Clark discloses a new witness who purportedly saw Simpson interacting with the trash can — potentially relevant to disposal of evidence from the Rockingham estate.
Marcia Clark
IT IS COMING. I JUST TALKED TO THE GUY TODAY.
Clark is disclosing a witness in real time during trial, suggesting late-breaking development.
Johnnie Cochran
WHAT IS COMING? THE TRASH CAN IS COMING OR THE REPORT?
Cochran pressing for clarity on what exactly is being introduced — the physical trash can as an exhibit, or the witness report.

Evidence (3)

Informal
Photographs of the podium and trash can at Rockingham as they appeared on June 12th
discussed, pending introduction to witness for identification
Informal
Physical trash can from Rockingham
being marked as exhibit, to be introduced
Informal
Report from new witness who saw Simpson reach into bag near trash can
disclosed to defense, pending turnover

Notable Exchanges (2)

Marcia ClarkJohnnie Cochran
Clark reveals a new witness mid-trial; Cochran presses her on exactly what is being produced — the trash can exhibit or the witness report. Clark confirms both are coming.
strategic
Lance A. ItoMarcia Clark
Ito asks how Clark intends to tie up the trash can evidence; Clark explains the witness will corroborate Park's testimony about Simpson placing a bag on the trash can.
procedural

Light Moments (1)

The Witness / Marcia Clark
Witness comments on the water quality at the bench; Clark jokes about the water outside having skull and crossbones on it.

Objections

None recorded
Proceeding 5488 • 26 utterances
Criminal Trial
Department 103
⚖️ Start
📂 MAR 29, 1995 📄 Sidebar: photographs
MAR 29, 1995 KRT DvH TD