📄 Sidebar — Tuesday, May 2, 1995
📅 May 2 — Day 65
⚖️ Lance A. Ito
chain_of_custody
Address:
C:\DEPT103\CRIMINAL\1995\MAY\2\SIDEBAR.DOC
TRIAL
▲ Day 65 of 167

Sidebar

Date: Tuesday, May 2, 1995 • Utterances: 6
A brief sidebar in which defense attorney Blasier requests the jury be reinstructed to clarify that evidence was sent to Albany for the purpose of defense inspection, not for any other implied reason. Goldberg was unsure how much he was allowed to elicit on that point, and Ito directed him to ask a leading question about the inspection purpose.
1 THE COURT:

We're over at the sidebar. Mr. Blasier.

2 MR. BLASIER:

Since he didn't ask the question, I would ask to reinstruct the jury that this was provided to the Defense for purposes of inspection. I assumed he was going to ask that rather than leaving the implication it went to Albany without explaining why it was back there.

3 MR. GOLDBERG:

I thought the only thing I was allowed to ask is that it went, but not anything else.

4 THE COURT:

You can ask, was it for the purpose of allowing the Defense to inspect the items.

5 MR. GOLDBERG:

I don't know if he knows for sure what they did.

6 THE COURT:

The purpose of releasing it. Ask a leading question, the purpose was to inspect.

Temperature

procedural

Key Quotes (2)

Robert Blasier
I would ask to reinstruct the jury that this was provided to the Defense for purposes of inspection.
Blasier wants to neutralize any negative implication the jury might draw from evidence being sent out of state.
Lance A. Ito
Ask a leading question, the purpose was to inspect.
Ito resolves the dispute by giving Goldberg a clear directive on how to frame the question.

Evidence (1)

Informal
Items sent to Albany, referenced as having been released to the defense for inspection
discussed

Notable Exchanges (1)

Robert BlasierHank GoldbergLance A. Ito
Blasier flags that without clarification the jury might misunderstand why evidence went to Albany; Goldberg expresses uncertainty about what he's permitted to ask; Ito resolves it by authorizing a leading question on inspection purpose.
strategic

Objections

None recorded
Proceeding 5884 • 6 utterances
Criminal Trial
Department 103
⚖️ Start
📂 MAY 2, 1995 📄 Sidebar
MAY 2, 1995 KRT DvH TD