Afternoon recess

📄 Afternoon recess — Thursday, March 9, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\9\AFTERNOON-RECESS.DOC

TRIAL

▲ Day 34 of 167

◀ Sidebar: exhibits Direct examination of Mark Fuhrman (part 2) ▶

Date: Thursday, March 9, 1995 • Utterances: 32

The court took a lunch recess from noon to 1:30 PM to allow time for an exhibit to be reformatted for better display. During the break, F. Lee Bailey cooperated with the prosecution by having the court reporter retype an original letter (People's 102) so it could be shown more effectively on the ELMO projector. Court reconvened with Detective Fuhrman returning to the witness stand.

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

# 2 THE COURT:

LADIES AND GENTLEMEN, WE ARE GOING TO TAKE OUR BREAK, JUST SO THAT WE CAN MAKE SURE THIS EXHIBIT IS CLEAR AND YOU CAN READ IT CAREFULLY. PLEASE REMEMBER MY ADMONITION TO YOU. DON'T DISCUSS THE CASE AMONG YOURSELVES, FORM ANY OPINIONS ABOUT THE CASE, DON'T CONDUCT ANY DELIBERATIONS OR ALLOW ANYBODY TO COMMUNICATE WITH YOU. DETECTIVE FUHRMAN, YOU ARE ORDERED TO COME BACK AT 1:30.

# 3 THE WITNESS:

YES, YOUR HONOR.

# 4 THE COURT:

THANK YOU, SIR. ALL RIGHT. WE WILL STAND IN RECESS. 1:30.

# 5 (AT 12:00 P.M. THE NOON RECESS WAS TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)

# 6 (JANET M. MOXHAM, CSR NO. 4855, OFFICIAL REPORTER.)

# 7 (CHRISTINE M. OLSON, CSR NO. 2378, OFFICIAL REPORTER.)

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

# 9 THE COURT:

BACK ON THE RECORD IN THE SIMPSON MATTER. DEFENDANT IS AGAIN PRESENT WITH COUNSEL, PEOPLE REPRESENTED. THE JURY IS NOT PRESENT. MISS CLARK, ARE YOU READY WITH YOUR EXHIBIT?

# 10 MS. CLARK:

I AM SORRY. I COULDN'T HEAR THE COURT.

# 11 THE COURT:

ARE YOU READY WITH YOUR EXHIBIT?

# 12 MS. CLARK:

YES, YOUR HONOR, I AM. LET ME INDICATE TO THE COURT THAT MR. BAILEY WAS KIND ENOUGH TO HELP US BY HAVING THE ORIGINAL LETTER RETYPED IN A FORM THAT COULD BE SHOWN MORE EFFECTIVELY ON THE ELMO. AND IT IS NOT THE ORIGINAL. HOWEVER, I AM ASSUMING THE DEFENSE DOESN'T OBJECT.

# 13 MR. BAILEY:

IT WAS TYPED BY THE COURT REPORTER.

KEY QUOTE

# 14 THE COURT:

I'LL ACCEPT THAT.

# 15 MS. CLARK:

WOULD YOU LIKE TO SEE IT, YOUR HONOR?

# 16 THE COURT:

YES, PLEASE. IF I COULD HAVE A COPY. COULD I HAVE A COPY, MISS CLARK?

# 17 MS. CLARK:

I AM SORRY, YOUR HONOR. I DON'T HAVE AN EXTRA. I ONLY HAVE THE ONE. SHOULD I ASK YOUR CLERK -- MR. BAILEY JUST GAVE IT TO US.

# 18 MR. BAILEY:

WE DIDN'T EXPECT TO MAKE ANY COPIES. IT'S JUST FOR EXHIBITION PURPOSES.

# 19 THE COURT:

ALL RIGHT. THAT'S FINE. KEEP IT.

# 20 MS. CLARK:

NO. I HAVE THE ORIGINAL COPY I CAN GIVE YOU.

# 21 THE COURT:

NO. I HAVE THAT. THAT'S FINE. JUST KEEP IT. LET'S ROLL. DEPUTY MAGNERA, LET'S HAVE THE JURORS, PLEASE.

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

# 23 THE COURT:

LADIES AND GENTLEMEN, PLEASE BE SEATED. DETECTIVE FUHRMAN, WOULD YOU RETAKE THE WITNESS STAND, PLEASE. LET THE RECORD REFLECT WE'VE NOW BEEN REJOINED BY ALL 12 MEMBERS -- EXCUSE ME -- ALL REMAINING MEMBERS OF OUR JURY PANEL. GOOD AFTERNOON, LADIES AND GENTLEMEN.

# 24 THE JURY:

GOOD AFTERNOON.

# 25 THE COURT:

ALL RIGHT. DETECTIVE MARK FUHRMAN IS AGAIN ON THE WITNESS STAND.

MARK FUHRMAN, THE WITNESS ON THE STAND AT THE TIME OF THE LUNCH RECESS, RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

# 26 THE COURT:

GOOD AFTERNOON, DETECTIVE FUHRMAN.

# 27 THE WITNESS:

GOOD AFTERNOON, YOUR HONOR.

# 28 THE COURT:

YOU ARE REMINDED YOU ARE STILL UNDER OATH. MISS CLARK, YOU MAY CONTINUE.

# 29 MS. CLARK:

THANK YOU. GOOD AFTERNOON. WHEN WE LEFT OFF, YOUR HONOR, WE WERE ATTEMPTING TO SHOW AN EXHIBIT, AND WE NOW HAVE IT IN A FORM THAT CAN BE SHOWN ON THE MONITOR FOR THE BENEFIT OF THE JURY AS WELL AS THE WITNESS SIMULTANEOUSLY.

# 30 THE COURT:

ALL RIGHT. THIS IS PEOPLE'S 102.

# 31 MS. CLARK:

102.

# 32 (PEO'S 102 FOR ID = LETTER)

Temperature

routine

Key Quotes (2)

Marcia Clark

MR. BAILEY WAS KIND ENOUGH TO HELP US BY HAVING THE ORIGINAL LETTER RETYPED IN A FORM THAT COULD BE SHOWN MORE EFFECTIVELY ON THE ELMO.

Unusual moment of cross-aisle cooperation between opposing counsel during the Fuhrman examination.

F. Lee Bailey

IT WAS TYPED BY THE COURT REPORTER.

Bailey vouches for the authenticity of the reformatted exhibit, removing any chain-of-custody concern.

Evidence (1)

People's 102

A letter, retyped by the court reporter from the original for display on the ELMO projector

introduced/marked for ID

Notable Exchanges (1)

Marcia Clark•F. Lee Bailey

Bailey cooperated with the prosecution by having the court reporter retype an exhibit letter for better courtroom display, with Clark crediting him on the record.

collegial

Objections

None recorded

Proceeding 5247 • 32 utterances

Criminal Trial

Department 103