Administrative matters

📄 Administrative matters — Thursday, May 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\11\ADMINISTRATIVE-MATTERS.DOC

TRIAL

▲ Day 72 of 167

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

Date: Thursday, May 11, 1995 • Utterances: 87

Before the jury was brought in, the court handled logistics for displaying DNA autoradiograph films on a large courtroom light box (referred to as 'the monster'). Defense attorney Neufeld flagged a late-disclosed 12-page document on mixed-stain calculations and requested extra time at the mid-morning break to review it. The parties then allowed Simpson and his counsel to preview the autorad displays before the jury's walk-through, with Neufeld lodging an overruled objection that a third viewing of the films was cumulative.

# 1 (Appearances as heretofore noted.)

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

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

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

# 5 THE COURT:

Good morning, counsel.

# 6 MR. COCHRAN:

Good morning, your Honor.

# 7 THE COURT:

Back on the record in the Simpson matter. Mr. Simpson is again present before the Court with counsel, Mr. Cochran, Mr. Blasier, Mr. Scheck, Mr. Neufeld. The People are represented by Mr. Darden and Mr. Clarke. Mr. Neufeld, is there something you need to take up?

# 8 MR. NEUFELD:

Just to put you on notice, your Honor, about thirty seconds ago Mr. Clarke furnished me with a twelve-page single-spaced document describing how they calculated the numbers for the mixed stains, which was apparently created yesterday. All I'm asking for is we can either do it now, it will take me about twenty minutes, or we can do a recess mid-morning for about twenty minutes. I'm going to need to examine this. To the extent I have any objections about what they did here as a foundation matter, I want to put them on the record, but I'm going to have to review this document and I obviously can't do it in the next thirty seconds.

# 9 THE COURT:

Mr. Clarke, when do you anticipate getting to the mixed stain calculations?

# 10 MR. CLARKE:

After the break, if there is a mid-morning break.

# 11 THE COURT:

All right.

# 12 MR. NEUFELD:

I'm asking for a few extra minutes at the mid-morning break.

# 13 THE COURT:

All right. Sounds reasonable. Let's have the jurors.

# 14 MR. CLARKE:

Your Honor, two brief items that I would like to bring up. My request is I would like to use immediately the large light box.

# 15 THE COURT:

Immediately?

# 16 MR. CLARKE:

First thing with some very brief testimony and then ask that the jurors be allowed to walk by the light box. And I'm going to ask--go ahead--I'm going to ask that that be done in two segments because there are three sets of results and we can only put two up at once. It is going to be my request to show the Rockingham foyer, the boot drop, as well as the Bundy stain, that set of six autorads across one row, and have the witness also use the single cocktail autorad with the shoeprint, 56, have the jurors walk by.

# 17 THE COURT:

Uh-huh.

# 18 MR. CLARKE:

And then do the same thing with actually almost no questioning at all with regard to the six autorads that relate to the sock.

# 19 THE COURT:

All right. Any comment, Mr. Neufeld?

# 20 (Discussion held off the record between Defense counsel.)

# 21 MR. NEUFELD:

I'm sorry, just a clarification. You want them to do three walk-throughs because there are three different sets of autorads?

# 22 MR. CLARKE:

Two, two walk-throughs.

# 23 MR. NEUFELD:

Two different sets?

# 24 MR. CLARKE:

Three sets.

# 25 MR. NEUFELD:

But you can't do them all at once? Is that what you are saying?

# 26 MR. CLARKE:

Yes, correct. There is one other item, and I believe it can wait for the break, and it relates to what the Court asked me to bring up with regard to this witness.

# 27 MR. NEUFELD:

I have no objection.

# 28 THE COURT:

All right. Let's get the monster in.

KEY QUOTE

# 29 (Brief pause.)

# 30 MR. CLARKE:

Is that position acceptable, your Honor?

# 31 THE COURT:

I can't think of any other way to do it.

# 32 (Brief pause.)

# 33 MR. COCHRAN:

Where does the Court want us to stand? The jurors are going to walk by in front? And may we have a showing at some point for Mr. Simpson?

# 34 THE COURT:

Absolutely. In fact, are you going to put this up right now? How do you propose to put them up on the monster?

# 35 MR. CLARKE:

It was my plan to place--I don't know if the Court can see.

# 36 THE COURT:

The reason I am asking is timing wise was I think Mr. Simpson is allowed to see how it is displayed to the jury.

# 37 MR. CLARKE:

The first questions I will ask will be to ask the witness to stand down in front of the light box and describe a few things about the autorads that will be placed up, so it will be the beginning, yes.

# 38 THE COURT:

All right. Are you going to have her place them as part of your presentation?

# 39 MR. CLARKE:

Yes, although I could have them placed to begin with. I don't have any problem with that.

# 40 THE COURT:

All right. Why don't we place them first and then we allow Mr. Simpson to take a look.

# 41 MR. CLARKE:

All right.

# 42 (Discussion held off the record between the Deputy District Attorneys.)

# 43 THE COURT:

Have we tested this to make sure we are not going to overload our circuits here?

# 44 MR. CLARKE:

Yes. At least it didn't yesterday.

# 45 THE COURT:

All right.

# 46 (Brief pause.)

# 47 MR. CLARKE:

Your Honor, would it also be possible, when the jurors view it, that we actually open up the other gate? We are going to move the chair so that they can walk in one direction. I think it might make for an easier walk by.

# 48 THE COURT:

All right. Makes sense.

# 49 (Brief pause.)

# 50 THE COURT:

Mr. Fairtlough, how easy is to it actually turn that around 180 degrees?

# 51 MR. FAIRTLOUGH:

It doesn't go around completely 180. It goes to about an oblique 45.

# 52 THE COURT:

Turn it on its horizontal access.

# 53 MR. FAIRTLOUGH:

Good question. I think we would have to try it to see what we could do.

# 54 THE COURT:

Never mind. Put the film up.

# 55 (Brief pause.)

# 56 (Discussion held off the record between the Deputy District Attorneys.)

# 57 (Brief pause.)

# 58 MR. CLARKE:

I think we are ready, your Honor.

# 59 THE COURT:

All right. This is the first set? All right. Do you want to light them up.

# 60 (Brief pause.)

# 61 THE COURT:

All right.

# 62 MR. CLARKE:

All right. I think we are ready, your Honor.

# 63 THE COURT:

All right. Mr. Neufeld, Mr. Simpson, do you want to take a look? Excuse me, counsel. Let's have Mr. Neufeld, Mr. Simpson, Mr. Cochran.

# 64 (The parties view the autorads.)

# 65 THE COURT:

I want the microphones off over there as well.

# 66 MR. COCHRAN:

Thank you, your Honor.

# 67 (The parties continue to view the autorads.)

# 68 MR. CLARKE:

Your Honor, would the Court like the Defendant also to view now the second set?

# 69 THE COURT:

I think we can do that at the next break. Let's keep these up and let's get rolling with the jury.

# 70 (Brief pause.)

# 71 MR. CLARKE:

Your Honor, it might be better now, because once we are done, this isn't going to take long, I was going to have the box go out of the courtroom so we don't have to deal with it any more.

# 72 THE COURT:

Set them up.

# 73 (Brief pause.)

# 74 THE COURT:

Excuse me, counsel, we are going to have to--

# 75 (Brief pause.)

# 76 (The parties view the autorads.)

# 77 MR. NEUFELD:

Is there another one?

# 78 MR. CLARKE:

No.

# 79 MR. NEUFELD:

Your Honor, the only point I would make is apparently they are able to get all the x-ray films up there at one time, and since the jury has already seen these x-ray films displayed through the elmo, they have also had Dr. Cotton hold them up, that is twice, and they are now going to see them a third time on here, I don't know why we have to have walk-throughs. It seems like at a certain point it is not only repetitive, it is cumulative. That is the only thing I would comment on.

# 80 THE COURT:

Mr. Clarke?

# 81 MR. CLARKE:

They don't all fit. There is actually three sets. One of the sets has a single one, so they have to be smashed in where they all can't be seen.

# 82 MR. NEUFELD:

The single one is simply item 56 which is blank which they already have a copy of already.

# 83 THE COURT:

All right. I think there is some benefit, though, to seeing them displayed side-by-side, so the objection will be overruled. All right. Let's have the jurors, please.

KEY QUOTE

# 84 (Brief pause.)

# 85 THE COURT:

And Mr. Harmon, do we have that jury door accessible there?

# 86 MR. HARMON:

Yes, your Honor.

# 87 (Brief pause.)

Temperature

procedural

Key Quotes (4)

Peter Neufeld

about thirty seconds ago Mr. Clarke furnished me with a twelve-page single-spaced document describing how they calculated the numbers for the mixed stains, which was apparently created yesterday.

Late disclosure of a technical DNA document — a recurring prosecution tactic that Neufeld repeatedly called out throughout the trial.

Lance A. Ito

All right. Let's get the monster in.

Ito's casual nickname for the large courtroom light box used to display autoradiograph DNA films.

Peter Neufeld

they are now going to see them a third time on here, I don't know why we have to have walk-throughs. It seems like at a certain point it is not only repetitive, it is cumulative.

Defense's attempt to limit jury exposure to DNA autorad evidence by arguing the displays were prejudicially repetitive.

Lance A. Ito

I think there is some benefit, though, to seeing them displayed side-by-side, so the objection will be overruled.

Ito's ruling allowing the prosecution's walk-through display strategy.

Evidence (5)

Informal

12-page single-spaced document describing prosecution's mixed-stain probability calculations, created the day before

late-disclosed to defense by Clarke approximately 30 seconds before proceedings

Informal

Autoradiograph films for Rockingham foyer blood and boot drop — six autorads displayed on light box

set up for jury walk-through

Informal

Autoradiograph films for Bundy stain — part of the same six-autorad row

set up for jury walk-through alongside Rockingham samples

People's 56

Single autorad related to shoeprint evidence

displayed on light box; Neufeld noted it was 'blank' and jury already had a copy

Informal

Six autoradiographs relating to the sock bloodstain evidence

second set set up for separate jury walk-through

Notable Exchanges (3)

Peter Neufeld•Lance A. Ito

Neufeld raised the late production of the mixed-stain calculation document and requested extra time at the mid-morning break; Ito agreed without objection from the prosecution.

strategic

Peter Neufeld•George Clarke•Lance A. Ito

Neufeld objected that the jury walk-throughs of the autorads were cumulative since the jury had already seen the films twice (via Elmo projector and Dr. Cotton holding them up). Clarke countered that not all films fit simultaneously. Ito overruled.

strategic

Lance A. Ito•Mr. Fairtlough

Brief exchange about whether the light box could be rotated 180 degrees; Fairtlough said it only goes to about 45 degrees oblique. Ito abandoned the idea: 'Never mind. Put the film up.'

routine

Light Moments (2)

Lance A. Ito

Ito casually referred to the massive courtroom light box as 'the monster' — 'All right. Let's get the monster in.'

Lance A. Ito

Ito asked whether the light box had been tested to avoid overloading circuits; Clarke responded dryly, 'Yes. At least it didn't yesterday.'

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 6016 • 87 utterances

Criminal Trial

Department 103