Videotape hearing and witness scheduling

📄 Videotape hearing and witness scheduling — Friday, March 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\31\VIDEOTAPE-HEARING-AND-WITNESS-.DOC

TRIAL

▲ Day 49 of 167

◀ Administrative matters: DNA terminology Direct examination of David Adkins ▶

Date: Friday, March 31, 1995 • Utterances: 20

A brief administrative session in which Judge Ito insists on finishing the videotape hearing that same day rather than postponing to Monday. While waiting for witnesses to be brought in, Shapiro realized he had neglected to formally mark a photograph shown to witness Cale as an exhibit, and the court remedied this by marking it Defense 1067.

# 1 THE COURT:

ALL RIGHT. THANK YOU. ALL RIGHT. NOW, THE ISSUE IS THE -- COUNSEL, YOU WANTED TO HAVE A HEARING WITH REGARDS TO THE VIDEOTAPE.

# 2 MR. COCHRAN:

YES, YOUR HONOR, THAT'S TRUE. IF WE CAN'T FINISH TODAY, WE CAN COME BACK AND FINISH MONDAY MORNING IF YOUR HONOR WANTS US TO.

# 3 THE COURT:

NO. I WOULD LIKE TO FINISH TODAY.

KEY QUOTE

# 4 MR. COCHRAN:

ALL RIGHT.

# 5 THE COURT:

UNLESS YOU HAVE SOME OTHER COMMITMENTS. BUT LET'S FINISH THIS ISSUE.

# 6 MR. COCHRAN:

I DO HAVE OTHER COMMITMENTS, BUT LET'S SEE WHAT WE CAN DO. MISS CLARK TOOK FIVE MINUTES OF OUR TIME I WOULD LIKE TO POINT OUT. WE ARE READY TO PROCEED. I WOULD ASK THE FOUR WITNESSES WE ANTICIPATE CALLING, ARE THEY HERE?

# 7 MS. LEWIS:

THEY'RE IN A NEARBY WAITING ROOM.

# 8 MR. COCHRAN:

THEY'RE WHERE?

# 9 MS. LEWIS:

IN A NEARBY WAITING ROOM. WHO WAS IT YOU WANTED TO CALL FIRST?

# 10 MR. COCHRAN:

I WOULD LIKE TO EXCLUDE THE WITNESSES. I WOULD LIKE TO CALL MR. ADKINS FIRST. ADKINS.

# 11 THE COURT:

ALL RIGHT. AND WHILE WE'RE WAITING, DURING THE COURSE OF THE EXAMINATION OF MR. CALE, I THINK, MR. SHAPIRO, YOU NEGLECTED TO MARK ONE OF YOUR EXHIBITS?

# 12 MR. SHAPIRO:

YES, I DID, YOUR HONOR. MAY I ASK LEAVE OF THE COURT TO MARK THE TELEGRAPH I WAS SHOWING TO THE WITNESS AS DEFENSE 1067.

# 13 THE COURT:

MRS. ROBERTSON, 1067? ALL RIGHT. THIS IS THE PHOTOGRAPH BY -- THAT MR. CALE CIRCLED THE AUTOMOBILE THAT APPEARS IN THE LOWER LEFT-HAND CORNER OF THE PHOTOGRAPH?

# 14 MR. SHAPIRO:

THAT'S CORRECT, YOUR HONOR.

# 15 THE COURT:

ALL RIGHT. SO MARKED.

# 16 MR. SHAPIRO:

THANK YOU VERY MUCH.

# 17 (DEFT'S 1067 FOR ID = PHOTOGRAPH)

# 18 (BRIEF PAUSE.)

# 19 THE COURT:

AND, MR. COCHRAN, WHO ARE YOU GOING TO WANT TO INTERVIEW AFTER THIS FIRST PERSON?

# 20 MR. COCHRAN:

FORD, YOUR HONOR. ATKINSON FORD.

Temperature

routine

Key Quotes (2)

Johnnie Cochran

MISS CLARK TOOK FIVE MINUTES OF OUR TIME I WOULD LIKE TO POINT OUT.

Cochran subtly blames the prosecution for time lost, setting a slightly combative tone even in routine scheduling.

Lance A. Ito

NO. I WOULD LIKE TO FINISH TODAY.

Illustrates Ito's characteristically firm control over the courtroom schedule.

Evidence (1)

Defense 1067

Photograph in which witness Cale circled an automobile appearing in the lower left-hand corner

Belatedly marked for identification after Shapiro neglected to do so during Cale's examination

Notable Exchanges (2)

Lance A. Ito•Johnnie Cochran

Judge pushes to finish the videotape hearing the same day; Cochran flags he has other commitments but agrees to proceed.

strategic

Lance A. Ito•Robert Shapiro

Judge catches that Shapiro failed to formally mark a photograph exhibit during Cale's testimony and corrects the record.

procedural

Witness Demeanor

(BRIEF PAUSE.)

Objections

None recorded

Proceeding 5538 • 20 utterances

Criminal Trial

Department 103