Evidence discussion

📄 Evidence discussion — Monday, March 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\6\EVIDENCE-DISCUSSION.DOC

TRIAL

▲ Day 31 of 167

◀ Sidebar: videotape evidence Bench conference (1) ▶

Date: Monday, March 6, 1995 • Utterances: 58

Out of jury presence, the court previewed a brief videotape the defense intended to use to impeach Detective Lange's testimony about putting shoes/a box in a car trunk before driving away. Judge Ito allowed the tape over the prosecution's relevance objection. The session ended with preliminary discussion of a pending discovery matter involving DNA samples, awaiting prosecutor Hodgman's arrival.

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

# 2 THE COURT:

ALL RIGHT. BACK ON THE RECORD. ALL PARTIES ARE PRESENT. THE JURY IS NOT PRESENT. MR. HARRIS, WERE YOU GOING TO SHOW US A VIDEOTAPE?

# 3 MR. HARRIS:

YES, YOUR HONOR.

# 4 MR. COCHRAN:

MAY I ASK DETECTIVE LANGE TO STEP OUT AT THIS POINT?

# 5 THE COURT:

YES. MR. HARRIS, WHY DON'T YOU HOLD IT THERE. ALL RIGHT. DETECTIVE LANGE, TOMORROW MORNING, 9:00 O'CLOCK. DETECTIVE LANGE: YES, YOUR HONOR.

# 6 THE COURT:

THANK YOU.

# 7 (DETECTIVE LANGE EXITS THE COURTROOM.)

# 8 THE COURT:

ALL RIGHT. THE WITNESS HAS WITHDRAWN FROM THE COURTROOM. MR. HARRIS.

# 9 (AT 3:12 P.M., A VIDEOTAPE WAS PLAYED.)

# 10 MR. COCHRAN:

I THINK THAT'S ALL WE HAD, YOUR HONOR. WE HAD THAT ADDITIONAL PORTION.

# 11 (AT 3:14 P.M., THE VIDEOTAPE CONCLUDES PLAYING.)

# 12 MR. DARDEN:

YOUR HONOR, SINCE WE HAVE THE VCR RUNNING AT THIS TIME, MAY I INQUIRE OF THE DEFENSE, IS THERE ANY OTHER VIDEOTAPE THEY WISH TO SHOW THE WITNESS? THEY'VE ALLUDED TO PEOPLE EATING AND DRINKING AND OTHER THINGS ALREADY.

# 13 MR. COCHRAN:

MR. BLASIER WILL TAKE OVER.

# 14 MR. BLASIER:

YOUR HONOR, THIS VIDEOTAPE I BELIEVE WAS THE ONE WE PLAYED ON JANUARY 24TH THAT'S ALREADY BEEN MARKED AND IS IN AS A COURT EXHIBIT. THERE WAS A SECOND VIDEOTAPE WE PLAYED IN CONNECTION WITH THE OPENING THAT DIDN'T GET MARKED, BUT IT WAS PLAYED. THE DEFENSE WAS PROVIDED A COPY OR THE PROSECUTION OF BOTH OF THOSE TAPES BACK AROUND THE TIME OF OPENING. SINCE THIS EXCERPT WAS MADE, I TOOK ALL OF THE TAPES OF CLIPS THAT WE HAVE, PUT THEM ALL ON A TWO-VOLUME SET WHICH WAS PROVIDED AGAIN TO THE PROSECUTION I THINK ON FRIDAY.

# 15 THE COURT:

TWO VOLUMES?

# 16 MR. BLASIER:

TWO VOLUMES. IT HAS EVERYTHING PUT TOGETHER. THERE'S A LOT OF DUPLICATION, BUT IT'S ALL THERE. SO THEY'VE HAD THIS QUITE SOMETIME. THEY HAVE IT AGAIN. THEY CAN LOOK AT IT ANY TIME THEY WANT. THOSE ARE ALL THE VIDEOS THAT WE HAVE UP UNTIL WE RECENTLY SUBPOENAED SOME MORE FROM SOME TELEVISION STATIONS. I DON'T KNOW -- WE'RE STILL WAITING FOR THOSE TO COME IN. BUT UP UNTIL A WEEK OR SO AGO, THIS IS EVERYTHING WE HAVE, TAPES FROM ALL THE STATIONS.

# 17 MR. DARDEN:

YOU KNOW, I APPRECIATE COUNSEL'S INVITATION TO US TO LOOK AT THE VIDEOS THAT HE'S GIVEN US, BUT WE HAVE HOURS, A NUMBER OF HOURS OF VIDEOS. SO WE CAN'T ANTICIPATE WHICH 10-SECOND SEGMENT OF THE HOURS OF VIDEOS THEY'VE GIVEN US THAT THEY INTEND TO PRESENT TO A WITNESS. BUT AS TO THIS PARTICULAR VIDEO, I --

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

# 19 MR. DARDEN:

OUR OBJECTION TO THIS VIDEOTAPE STANDS. IT'S IRRELEVANT. WHAT DOES IT PROVE OR DISPROVE?

# 20 THE COURT:

ALL RIGHT. MR. COCHRAN.

# 21 MR. COCHRAN:

I THEY WE'VE DONE WHAT THE COURT ASKED US TO DO. I THINK IT'S IMPEACHING. THE DOOR CLOSES. I WOULD LIKE TO SHOW IT TOMORROW MORNING. THE COURT RECALLS HIS TESTIMONY. THIS CONTRADICTS HIS TESTIMONY. I WANT TO SHOW IT AND MOVE ON.

# 22 THE COURT:

WELL, IF YOU RECALL, MY CONCERN WAS THAT IT JUST ABRUPTLY STOPS AT ONE POINT AND DOESN'T SHOW HIM ACTUALLY DRIVE OFF, AND HIS TESTIMONY WAS THAT HE PUT THE SHOES IN THE TRUNK, AS I RECOLLECT, AND THEN DROVE FROM THE SCENE.

# 23 MR. COCHRAN:

BOX.

# 24 THE COURT:

AND IT APPEARS THAT HE GETS IN THE CAR, CLOSES THE DOOR AND -- BUT THE CAR DOESN'T MOVE. BUT I HAVE TO TELL YOU THAT GIVEN THE CRUSH OF NEWS PHOTOGRAPHERS AND OTHER PEOPLE, IT'S UNLIKELY THAT HE WOULD HAVE OPENED THE DOOR AND GOTTEN OUT AND DONE ANYTHING OTHER THAN DRIVE OFF AT THAT POINT, PREFERABLY DRIVING OVER SOME OF THE REPORTERS THERE. BUT -- I MEAN, I CAN'T THINK THAT HE WOULD GET OUT OF THAT CAR AND DO OTHER THAN DRIVE AWAY. SO I'M -- ANY OTHER COMMENT?

# 25 MS. CLARK:

NO.

# 26 THE COURT:

ALL RIGHT. I'M GOING TO ALLOW THE TAPE.

# 27 MR. COCHRAN:

THANK YOU.

# 28 THE COURT:

ALL RIGHT. ANYTHING ELSE WE NEED TO --

# 29 MR. COCHRAN:

WITH REGARD -- AS I UNDERSTAND IT, MR. DARDEN IS ASKING ARE THERE ANY OTHER TAPES GOING TO BE SHOWN TO THIS WITNESS. NO.

# 30 THE COURT:

ALL RIGHT. HOW MUCH MORE DO YOU ANTICIPATE, MR. COCHRAN?

# 31 MR. COCHRAN:

OF DETECTIVE LANGE? NOT MORE THAN 10 MINUTES.

# 32 THE COURT:

ALL RIGHT. WHAT'S YOUR GUESS, MISS CLARK, AS FAR AS REDIRECT?

# 33 MS. CLARK:

AN HOUR. AN HOUR.

# 34 MR. COCHRAN:

HOW LONG WAS THAT?

# 35 THE COURT:

HOUR. SO WE SHOULD BE ABLE TO CONCLUDE DETECTIVE LANGE TOMORROW MORNING?

# 36 MS. CLARK:

THEN THERE'S RECROSS. SO --

# 37 MR. DARDEN:

FOR THE RECORD, WE WERE GIVEN AN HOUR AND A HALF OR SO OF VIDEOTAPED INFORMATION JUST THIS PAST FRIDAY. AND SO THAT COUNSEL IS AWARE, WE OBJECT TO THE INTRODUCTION OF ANY PORTION OF THAT VIDEOTAPE AND WE WOULD ASK THAT COUNSEL DISCUSS WITH US HIS INTENTION TO USE ANY PORTION OF THAT TAPE PRIOR TO ACTUALLY PRESENTING IT TO A WITNESS OR FLASHING IT IN FRONT OF THE JURY.

# 38 MR. COCHRAN:

WHAT TAPE IS HE TALKING ABOUT?

# 39 THE COURT:

WELL, THE COURT WILL VIEW OUT OF THE PRESENCE OF THE JURY ANY VIDEOTAPE BEFORE IT'S SHOWN TO THE JURY. ALL RIGHT. ANYTHING ELSE, COUNSEL, ON THIS ISSUE?

# 40 MR. COCHRAN:

NO.

# 41 THE COURT:

ALL RIGHT. LET'S MOVE ON TO THE -- I'M SORRY. MR. BAILEY.

# 42 MR. BAILEY:

MAY I INQUIRE IF THE WITNESS LIST AS OF LAST FRIDAY REMAINS CONSTANT?

# 43 MS. CLARK:

RIGHT.

# 44 THE COURT:

ALL RIGHT. SO WE'RE STILL ON THE SCHEDULE THAT THE PROSECUTION HAS PREVIOUSLY PROVIDED THE DEFENSE?

# 45 MS. CLARK:

YES.

# 46 THE COURT:

OKAY. ALL RIGHT. DO YOU HAVE YOUR -- IS MR. HODGMAN AVAILABLE TO DISCUSS OUR DISCOVERY MATTERS WITH MR. SCHECK?

# 47 MS. CLARK:

YES, HE IS.

# 48 THE COURT:

ALL RIGHT.

# 49 MS. CLARK:

WE'LL CALL HIM.

# 50 THE COURT:

IS HE ON HIS WAY DOWN? ARE THE ELEVATORS OPERATING? ALL RIGHT. MR. SCHECK, MY UNDERSTANDING IS, THIS IS JUST A MATTER OF MAKING ADDITIONAL SAMPLES AVAILABLE FOR LONGER PERIODS OF TIME?

# 51 MR. SCHECK:

THERE WERE THREE MATTERS AT ISSUE.

# 52 THE COURT:

ALL RIGHT. BEFORE WE -- I'M JUST -- IS THAT WHAT WE'RE TALKING ABOUT?

# 53 MR. SCHECK:

YEAH. THE ONE THING I THINK WAS OF MOST IMMEDIATE CONCERN IS, THERE IS A COURIER EN ROUTE TO WASHINGTON. I THINK WE HAD RAISED THAT EARLIER WITH THE COURT.

# 54 THE COURT:

WELL, LET'S WAIT UNTIL MR. HODGMAN GETS HERE. I JUST WANTED TO KNOW IF THAT'S WHAT THE ISSUE WAS.

# 55 MR. SCHECK:

DID YOU RECEIVE THE LETTER?

# 56 THE COURT:

YES. I GOT A LETTER FAXED TO ME THIS AFTERNOON. I READ IT ONCE. WHAT'S OUR ETA ON MR. HODGMAN? ON HIS WAY? OKAY.

# 57 (BRIEF PAUSE.)

# 58 THE COURT:

ALL RIGHT. MRS. ROBERTSON, WOULD YOU GET MR. SCHECK'S LETTER OFF OF MY DESK, PLEASE. I THINK IT'S ACTUALLY MR. NEUFELD'S LETTER.

Temperature

procedural

Key Quotes (4)

Lance A. Ito

I CAN'T THINK THAT HE WOULD GET OUT OF THAT CAR AND DO OTHER THAN DRIVE AWAY. SO I'M -- ANY OTHER COMMENT?

Ito telegraphs his ruling — he's persuaded the tape is probative despite its abrupt ending, and he's moving on.

Lance A. Ito

PREFERABLY DRIVING OVER SOME OF THE REPORTERS THERE.

Rare judicial levity — Ito editorializes about the press crush, providing the proceeding's only light moment.

Christopher Darden

WE CAN'T ANTICIPATE WHICH 10-SECOND SEGMENT OF THE HOURS OF VIDEOS THEY'VE GIVEN US THAT THEY INTEND TO PRESENT TO A WITNESS.

Prosecution's core frustration: the defense has provided a massive video dump, making it impossible to prepare targeted objections in advance.

Robert Blasier

I TOOK ALL OF THE TAPES OF CLIPS THAT WE HAVE, PUT THEM ALL ON A TWO-VOLUME SET WHICH WAS PROVIDED AGAIN TO THE PROSECUTION I THINK ON FRIDAY.

Defense claims full disclosure; prosecution disputes the practical utility of receiving hours of undifferentiated footage shortly before use.

Evidence (3)

Court Exhibit (played January 24th)

Videotape showing Detective Lange placing shoes/box in car trunk and getting in the car, used to impeach his testimony about his actions at the scene

previewed out of jury presence, admitted over relevance objection

Informal

Two-volume compilation of all defense video clips from television stations, provided to prosecution on Friday

disclosed; prosecution objects to any use without advance notice

Informal

Additional videotapes subpoenaed from television stations, not yet received

referenced as forthcoming

Notable Exchanges (3)

Christopher Darden•Robert Blasier

Darden complains the defense gave the prosecution hours of video with no indication which segments will be used; Blasier asserts the prosecution has had the tapes since opening and was provided a compiled set Friday.

strategic

Lance A. Ito•Johnnie Cochran

Ito explains his earlier hesitation about the tape (it cuts off before Lange drives away) but reasons the context of press crush makes it unlikely Lange exited the car — then allows the tape.

deliberate

Lance A. Ito•Barry Scheck

Brief preliminary exchange about pending discovery issues involving DNA samples and a courier en route to Washington; Ito defers full discussion until Hodgman arrives.

procedural

Light Moments (1)

Lance A. Ito

Ito muses that given the press mob around Lange's car, the natural thing would have been to drive away — 'preferably driving over some of the reporters there.'

Credibility Attacks (1)

⚔ Detective Lange

prior inconsistent statement via videotape

Defense sought to show videotape contradicting Lange's testimony about his actions (placing shoes/box in trunk) before leaving the scene.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 5142 • 58 utterances

Criminal Trial

Department 103