Telephone records stipulation

📄 Telephone records stipulation — Thursday, March 30, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\30\TELEPHONE-RECORDS-STIPULATION.DOC

TRIAL

▲ Day 48 of 167

◀ Sidebar: trial procedure Recess and transcript notation ▶

Date: Thursday, March 30, 1995 • Utterances: 18

Both sides stipulated that cellular telephone records for Allan Park (limousine driver), OJ Simpson, and Detective Ron Phillips are authentic business records accurately reflecting the information they contain. Marcia Clark read the stipulation aloud for the jury, Cochran accepted on behalf of the defense, and Judge Ito accepted it and instructed the jury that stipulated facts are to be taken as true. The court then recessed for an in-chambers conference.

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

# 2 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEFENSE ATTORNEYS.)

# 3 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 4 THE COURT:

MR. COCHRAN, DO YOU ACCEPT ON BEHALF OF YOUR CLIENT?

# 5 MR. COCHRAN:

YES, I DO, YOUR HONOR. WHEN YOU SAY --

# 6 THE COURT:

ALL RIGHT. MR. DARDEN, YOU WANT TO OFFER THE STIPULATION OR MISS CLARK?

# 7 MS. CLARK:

I'M GOING TO READ IT IN WITH THE COURT'S PERMISSION AND THEN LODGE THE PAPER WITH THE COURT.

# 8 THE COURT:

ALL RIGHT.

# 9 MS. CLARK:

IS THAT ACCEPTABLE?

# 10 THE COURT:

ALL RIGHT. MISS CLARK, YOU HAVE A STIPULATION TO OFFER AT THIS TIME?

# 11 MS. CLARK:

I DO, YOUR HONOR.

# 12 THE COURT:

ALL RIGHT. WOULD YOU READ THAT SLOWLY, CLEARLY SO THE JURORS CAN HEAR IT?

# 13 MS. CLARK:

YES. I'LL READ IT TO THE JURORS.

# 14 THE COURT:

THANK YOU.

# 15 MS. CLARK:

IT IS HEREBY STIPULATED THAT THE FOLLOWING CELLULAR TELEPHONE RECORDS WHICH INCLUDE RECORDS THAT HAVE BEEN MARKED AS EXHIBITS IN THIS CASE WERE PREPARED IN THE NORMAL AND REGULAR COURSE OF BUSINESS AT OR AROUND THE TIME OF THE INFORMATION CONTAINED WITHIN THE RECORDS AND THAT THE RECORDS ACCURATELY REFLECT THE INFORMATION CONTAINED THEREIN. THAT IS FOR THE FOLLOWING RECORDS: THE CELLULAR TELEPHONE RECORDS FOR THE DATE OF JUNE THE 12TH, 1994 FOR THE CELLULAR TELEPHONE LOCATED WITHIN THE TOWN AND COUNTRY LIMOUSINE DRIVEN BY ALLAN PARK ON JUNE THE 12TH, 1994; THE CELLULAR TELEPHONE RECORDS FOR THE DATE OF JUNE THE 12TH AND JUNE THE 13TH, 1994 FOR THE CELLULAR TELEPHONE BELONGING TO THE DEFENDANT, ORENTHAL JAMES SIMPSON AND THE CELLULAR TELEPHONE RECORDS FOR THE DATE OF JUNE THE 13TH FOR THE CELLULAR TELEPHONE BELONGING TO DETECTIVE RON PHILLIPS.

# 16 THE COURT:

ALL RIGHT. MR. COCHRAN, IS THAT STIPULATION ACCEPTABLE TO THE DEFENSE?

# 17 MR. COCHRAN:

YES. SO STIPULATED, YOUR HONOR.

KEY QUOTE

# 18 THE COURT:

ALL RIGHT. THEN THE STIPULATION IS ACCEPTED BY THE COURT. LADIES AND GENTLEMEN, A STIPULATION IS AN AGREEMENT BETWEEN THE ATTORNEYS AS TO CERTAIN FACTS, AND YOU ARE TO ACCEPT THOSE FACTS AS TRUE FOR THE PURPOSES OF THIS TRIAL. ALL RIGHT. COUNSEL, AT THIS POINT, I'M GOING TO TAKE A BRIEF RECESS, AND I WOULD LIKE TO CONFER WITH COUNSEL IN CHAMBERS WITH THE COURT REPORTER, PLEASE. ALL RIGHT. LADIES AND GENTLEMEN, WE'RE GOING TO TAKE A RECESS AT THIS TIME. PLEASE REMEMBER MY ADMONITIONS TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, FORM ANY OPINIONS ABOUT THE CASE, DO NOT CONDUCT ANY DELIBERATIONS AND DO NOT ALLOW ANYBODY TO COMMUNICATE WITH YOU REGARDING THE CASE. AND WE'LL SEE YOU BACK SHORTLY. ALL RIGHT.

Temperature

routine

Key Quotes (3)

Marcia Clark

THE CELLULAR TELEPHONE RECORDS FOR THE DATE OF JUNE THE 12TH AND JUNE THE 13TH, 1994 FOR THE CELLULAR TELEPHONE BELONGING TO THE DEFENDANT, ORENTHAL JAMES SIMPSON

These are the core records at issue — OJ's own phone records covering the night of the murders and the following morning.

Lance A. Ito

LADIES AND GENTLEMEN, A STIPULATION IS AN AGREEMENT BETWEEN THE ATTORNEYS AS TO CERTAIN FACTS, AND YOU ARE TO ACCEPT THOSE FACTS AS TRUE FOR THE PURPOSES OF THIS TRIAL.

Standard jury instruction explaining the legal effect of a stipulation — these records' authenticity is now settled.

Johnnie Cochran

YES. SO STIPULATED, YOUR HONOR.

Defense acceptance of the phone records' authenticity, waiving any chain-of-custody or business records foundation challenge.

Evidence (3)

Informal

Cellular telephone records for Allan Park's Town and Country limousine phone, June 12, 1994

stipulated as authentic business records

Informal

Cellular telephone records for OJ Simpson's phone, June 12–13, 1994

stipulated as authentic business records

Informal

Cellular telephone records for Detective Ron Phillips, June 13, 1994

stipulated as authentic business records

Notable Exchanges (1)

Lance A. Ito•Marcia Clark•Johnnie Cochran

Stipulation read into the record by Clark, accepted by Cochran, and formally entered by the court — entirely cooperative and procedural.

routine

Objections

None recorded

Proceeding 5521 • 18 utterances

Criminal Trial

Department 103