📄 Administrative matters — Tuesday, May 2, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAY\2\ADMINISTRATIVE-MATTERS.DOC
TRIAL
▲ Day 65 of 167

Administrative matters

Date: Tuesday, May 2, 1995 • Utterances: 14
Judge Ito summarizes rulings made in a chambers conference about prosecution demonstrative evidence boards. People's 209 (LAPD Additional Evidence Disposition) is allowed with restricted commentary; a second board is marked People's 210 with its 'Defense Testing' title covered; and a third board depicting the socks (item 13) is largely excluded, though a single sock photograph is allowed.
1 THE COURT:

All right. Back on the record in the Simpson matter. All parties are again present. Mr. Simpson is present with his counsel, Mr. Shapiro, Mr. Cochran, Mr. Scheck, Mr. Blasier, People represented by Mr. Darden, Mr. Goldberg, Ms. Clark. The jury is not present. The record should reflect that this morning, the Court had a conference with counsel in chambers concerning certain demonstrative evidence items prepared by the Prosecution. The first was the "LAPD Additional Evidence Disposition" which has been previously marked as People's 209. The Court will allow the use without commentary regarding what was done with the items represented, which are the substrate controls, while they were in the possession of the Defense and made available at that time for their examination. There is a second board that is entitled "Defense Testing," and I'm sustaining the Defense objection to the title of that board. And for simplicity purposes, Mr. Goldberg, I would suggest at this point that we mark that as People's 210. Is that agreeable to the People?

2 MR. GOLDBERG:

Yes, your Honor.

3 (Peo's 210 for id = board)
4 THE COURT:

And I'm going to direct Mr. Fairtlough to cover the title of the board as "Defense testing" since at this point, it's not appropriate to comment on whether or not any testing has been accomplished or done by the Defense.

KEY QUOTE
5 MR. GOLDBERG:

Your Honor, is the Court going to have that stipulation prepared or will we be able to ask Mr. Matheson whether these items were turned over in October of last year?

6 THE COURT:

You'll be able to ask him if those items were turned over and that they were returned at some point in time, and that's it.

KEY QUOTE
7 MR. BLASIER:

I believe you used the word "Examination" and in chambers, you used the word "Inspection."

8 THE COURT:

Inspection.

9 MR. BLASIER:

Thank you.

10 THE COURT:

All right. And Mr. Matheson is here and, Mr. Goldberg, you can consult with him on that. All right. As to a third board that was shown to the Court which has various depictions of item 13, the socks, the Court will sustain the Defense objection at this time to the board itself. However, the photograph of the single sock, the objection is overruled. All right. Anything else we need to put on the record before we invite the jurors to rejoin us?

11 MR. BLASIER:

No, your Honor.

12 THE COURT:

Mr. Goldberg?

13 MR. GOLDBERG:

No.

14 THE COURT:

All right. Let's have the jury.

Temperature

procedural

Key Quotes (3)

Lance A. Ito
I'm going to direct Mr. Fairtlough to cover the title of the board as 'Defense testing' since at this point, it's not appropriate to comment on whether or not any testing has been accomplished or done by the Defense.
Ito limits prosecution from implying the defense tested — or failed to test — the substrate controls, a key restriction on the narrative they could build.
Robert Blasier
I believe you used the word 'Examination' and in chambers, you used the word 'Inspection.'
Blasier catches a word choice that could affect the legal meaning of what the defense did with the items — inspection implies less than examination in this context.
Lance A. Ito
You'll be able to ask him if those items were turned over and that they were returned at some point in time, and that's it.
Hard boundary set on Matheson's testimony scope — prosecution cannot elicit what happened to the substrate controls while in defense possession.

Evidence (4)

People's 209
LAPD Additional Evidence Disposition board showing substrate controls
allowed with restricted commentary — no mention of what defense did with items
People's 210
Board previously titled 'Defense Testing,' retitled and covered per court order
marked for identification, title suppressed
Informal
Board with various depictions of item 13 (the socks)
defense objection sustained — board excluded
Informal
Photograph of single sock from item 13
defense objection overruled — photo allowed

Notable Exchanges (2)

Robert BlasierLance A. Ito
Blasier corrects Ito's word choice from 'examination' to 'inspection' as used in chambers, and Ito accepts the correction without resistance.
strategic
Hank GoldbergLance A. Ito
Goldberg asks whether the prosecution can elicit from Matheson that items were turned over to the defense; Ito draws a narrow scope — turnover and return only.
procedural

Objections

2 objections (2 sustained, 1 overruled)
Proceeding 5882 • 14 utterances
Criminal Trial
Department 103
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📂 MAY 2, 1995 📄 Administrative matters
MAY 2, 1995 KRT DvH TD