Recess

📄 Recess — Wednesday, May 10, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\10\RECESS.DOC

TRIAL

▲ Day 71 of 167

◀ Direct examination of Dr. Robin Cotton (morning) Direct examination of Dr. Robin Cotton (afternoon, part 1) ▶

Date: Wednesday, May 10, 1995 • Utterances: 26

A brief administrative session before the afternoon session resumed, focused on logistics for displaying DNA autorad evidence to the jury using a large light box. The judge also noted an early 3:45 end time due to a juror's medical appointment.

# 1 (At 12:00 p.m. The noon recess was taken until 1:30 p.m. Of the same day.)

# 2 (Appearances as heretofore noted.)

# 3 (Janet M. Moxham, CSR no. 4855, official reporter.)

# 4 (Christine M. Olson, CSR no. 2378, official reporter.)

# 5 (The following proceedings were held in open Court, out of the presence of the jury:)

# 6 THE COURT:

All right. Good afternoon, counsel. Back on the record. Are you ready to proceed? All right. Let's have the jurors, please.

# 7 MR. CLARKE:

I'm sorry. One item if I may. I don't know if it will occur before--although it might--before the Court would normally take a recess, but it's going to be my request following going through these autorads--and I think I mentioned this to the Court at some point earlier, perhaps not--that we have a light box that's large enough to put two rows, in other words, a full set of cocktails plus the single locus probes in one row, and it's going to be my request that that be shown to the jury in that fashion.

# 8 MR. NEUFELD:

I have no objection.

# 9 THE COURT:

Do you have that equipment, paraphernalia available?

# 10 MR. CLARKE:

It is upstairs, yes, and it can or will be brought down with the Court's permission.

# 11 THE COURT:

All right. I don't recollect if I told you that--you know, today's normally a 4:00 o'clock ending date--ending time. I want to end at 3:45 today because one of the jurors has a medical appointment. So--

KEY QUOTE

# 12 MR. CLARKE:

Very well.

# 13 THE COURT:

Two shorter sessions today. So I would suggest that you have your staff bring that down, and at the first Court reporter break, we'll bring it in.

# 14 MR. CLARKE:

Very good.

# 15 THE COURT:

All right. Anything else? Deputy Magnera, let's have the jury, please.

# 16 MR. CLARKE:

The only thing, that apparently we need permission to bring it in the back door. It's large.

# 17 THE COURT:

Too large to come through here?

# 18 MR. FAIRTLOUGH:

It would be difficult. It would be much easier just to be able to bring it in at an angle and place it at the end of the jury box.

# 19 THE COURT:

How do you propose to get back there?

# 20 MR. FAIRTLOUGH:

I believe, in speaking with the Court clerk, we could use perhaps Department 102, which is a little less constricted with the amount of seats to be able to move the object back into the Court.

# 21 THE COURT:

Are there any courts on the floor that aren't in session on this side of the building?

# 22 MR. FAIRTLOUGH:

At this time, I do not know.

# 23 THE COURT:

Well, that's why we have lunch hours.

KEY QUOTE

# 24 (Brief pause.)

# 25 MR. FAIRTLOUGH:

We can bring it down right now, your Honor.

# 26 THE COURT:

Okay. Go get it. All right. Deputy Magnera, let's have the jurors, please.

Temperature

routine

Key Quotes (2)

Lance A. Ito

I don't recollect if I told you that--you know, today's normally a 4:00 o'clock ending date--ending time. I want to end at 3:45 today because one of the jurors has a medical appointment.

Scheduling adjustment accommodating a juror's needs, shaping the day's testimony window.

Lance A. Ito

Well, that's why we have lunch hours.

Dry judicial humor in response to logistical uncertainty about routing the light box through the courthouse.

Evidence (1)

Informal

Autorad DNA evidence (autorads/cocktails/single locus probes) to be displayed on a large light box for the jury

discussed — logistics for presenting to jury

Notable Exchanges (1)

George Clarke•Mr. Fairtlough•Lance A. Ito

Back-and-forth about how to physically route a large light box into the courtroom, involving routing through an adjacent department (102) and using the back door.

practical

Light Moments (1)

Lance A. Ito

When Fairtlough admitted he didn't know which courtrooms were available, Ito deadpanned 'Well, that's why we have lunch hours.'

Witness Demeanor

(Brief pause.)

Objections

None recorded

Proceeding 6009 • 26 utterances

Criminal Trial

Department 103