Sidebar: evidence board

📄 Sidebar: evidence board — Tuesday, May 16, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\16\SIDEBAR-EVIDENCE-BOARD.DOC

TRIAL

▲ Day 75 of 167

◀ Direct examination of Gary Sims (part 2) Direct examination of Gary Sims (part 3) ▶

Date: Tuesday, May 16, 1995 • Utterances: 26

Before the jury returns, prosecutor Harmon seeks to question witness Sims about an evidence board covering items 47, 50, and 78, specifically to have Sims identify handwriting and dates that appeared on the packaging after he sent evidence back to LAPD in October. Judge Ito limits the scope: Sims may testify about what he packaged and sent, but may not testify about what he did not do (i.e., he cannot say he did not add the later-appearing names and dates).

# 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:

All right. Back on the record. All parties are again present. Anything we need to take up?

# 6 MR. HARMON:

Your Honor, I would like to cover that board, 47, 50 and 78 with Mr. Sims. I'm going to be moving through the evidence processing this afternoon and on to bigger and better things, and you know, I don't want to miss the opportunity to do something you have afforded me the opportunity to do.

# 7 MR. SCHECK:

What is to be done is really the question?

# 8 THE COURT:

Mr. Harmon.

# 9 MR. HARMON:

I'm sorry?

# 10 THE COURT:

What are you going to approach with this witness now at this time with regard to the board?

# 11 MR. HARMON:

I just want him to look at it and identify handwriting and dates that were not on them when he sent those items back to LAPD in October.

KEY QUOTE

# 12 MR. SCHECK:

This is--

# 13 THE COURT:

He can testify to what he did when he packaged it up and sent it back to LAPD. What else is there is not really germane at this point. And what is this device that is here on the table here?

KEY QUOTE

# 14 MR. SCHECK:

Which device?

# 15 MR. HARRIS:

Still video.

# 16 THE COURT:

All right. Why don't we move that.

# 17 MR. NEUFELD:

I will get it.

# 18 THE COURT:

All right. Let's have the jury, please.

# 19 MR. HARMON:

Your Honor, how am I going to tell the jury that they had this evidence and consumed part of it in testing?

# 20 THE COURT:

They will get that. All he can tell us is he can tell us what he had, what he packaged up and sent back.

# 21 MR. HARMON:

Can he identify the package and that it is different?

# 22 THE COURT:

Yes, he can identify the package. He can identify what he did.

# 23 MR. HARMON:

Can I ask him what he didn't do, put those other names and dates on?

KEY QUOTE

# 24 THE COURT:

No. Let's proceed.

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

# 26 (Brief pause.)

Temperature

procedural

Key Quotes (4)

Rockne Harmon

I just want him to look at it and identify handwriting and dates that were not on them when he sent those items back to LAPD in October.

Reveals the prosecution's chain-of-custody argument: that markings appeared on evidence packaging after Sims relinquished custody, suggesting tampering or mishandling.

Lance A. Ito

He can testify to what he did when he packaged it up and sent it back to LAPD. What else is there is not really germane at this point.

Ito narrows the permitted scope of testimony, blocking Harmon's attempt to elicit negative identification (what Sims did not write).

Rockne Harmon

Can I ask him what he didn't do, put those other names and dates on?

Harmon pushes back directly, trying to get the court's permission to elicit testimony that Sims did not add the disputed markings — the court flatly refuses.

Lance A. Ito

No. Let's proceed.

Blunt, final ruling cutting off Harmon's line of questioning before the jury enters.

Evidence (2)

Informal

Evidence board covering items 47, 50, and 78 — packaging with handwriting and dates allegedly added after Sims returned the items to LAPD in October

discussed, scope of related testimony limited by court

Informal

Still video device on the table

noted and moved at Ito's direction

Notable Exchanges (2)

Rockne Harmon•Lance A. Ito

Harmon seeks broad questioning of Sims about markings he did not make on evidence packaging; Ito progressively narrows the permitted scope, ultimately refusing to allow Harmon to ask Sims what he did not do.

strategic, constrained

Rockne Harmon•Lance A. Ito

Harmon asks how he can inform the jury that evidence was partially consumed in testing; Ito defers, saying that information will come through.

procedural

Credibility Attacks (1)

⚔ LAPD evidence handlers (implicit)

circumstantial — unexplained markings on packaging

Harmon's intended line of questioning would have established that handwriting and dates appeared on evidence packaging after Sims returned items to LAPD, implying someone at LAPD added the markings — court limited this approach.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 6072 • 26 utterances

Criminal Trial

Department 103