📄 Sidebar (1) — Tuesday, May 23, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAY\23\SIDEBAR-1-.DOC
TRIAL
▲ Day 80 of 167

Sidebar (1)

Date: Tuesday, May 23, 1995 • Utterances: 16
Defense attorney Blasier objects at sidebar that a prosecution slide shown to the jury used the term 'Bundy trail' three times, in violation of a prior court ruling requiring the neutral term 'walkway' or 'Bundy walk' instead. Clark appeared unaware of the ruling. Judge Ito acknowledged the prior ruling but noted the slide had already been displayed long enough that little could be done immediately, and agreed to have it relettered at the next break.
1 (The following proceedings were held at the bench:)
2 THE COURT:

All right. We're over at the sidebar. Mr. Blasier, you had an objection?

3 MR. BLASIER:

Yes. I thought we had objected and agreed that that term "Bundy trail" could not be used.

KEY QUOTE
4 THE COURT:

The slide has "Bundy trail" on it?

5 MR. BLASIER:

Yes. Three times.

6 MS. CLARK:

What's wrong with "Bundy trail"?

7 MR. BLASIER:

The Judge ruled it was not a proper term to use in connection with these samples.

8 THE COURT:

Yes.

9 MS. CLARK:

You did?

10 THE COURT:

Walkway as opposed to--Bundy walk on these things. How many more of these films do you have?

11 MR. HARMON:

If I can check--I think that's the last one. So if you want--

12 THE COURT:

All right.

13 MR. HARMON:

I don't know how we fix this one.

14 THE COURT:

All right. Well, unfortunately, it's been up there for quite awhile now. So at this time, I don't know that there's much more we can do about it.

KEY QUOTE
15 MR. COCHRAN:

Perhaps it should be modified at the break.

16 THE COURT:

Yes. I'll ask them--I don't know. I'll ask them to reletter that if possible. Thank you.

Temperature

procedural

Key Quotes (3)

Robert Blasier
I thought we had objected and agreed that that term 'Bundy trail' could not be used.
Establishes that this was a settled ruling the prosecution violated, not a new dispute.
Marcia Clark
What's wrong with 'Bundy trail'?
Clark's apparent unawareness of the prior ruling suggests either poor coordination with co-counsel Harmon or a calculated risk.
Lance A. Ito
Unfortunately, it's been up there for quite awhile now. So at this time, I don't know that there's much more we can do about it.
The court's pragmatic concession that the damage — whatever prejudice the term carried — was already done.

Evidence (1)

Informal
Prosecution slide/film showing blood evidence path, labeled 'Bundy trail' three times
challenged — court had previously ruled the term improper; to be relettered at break

Notable Exchanges (2)

Marcia ClarkRobert BlasierLance A. Ito
Clark questioned what was wrong with 'Bundy trail,' prompting Blasier and Ito to remind her of the prior ruling. Ito confirmed he had made that ruling.
mildly awkward — Clark caught flat-footed by her own prior agreement
Rockne HarmonLance A. Ito
Harmon checked whether the offending slide was the last one in the sequence, and admitted he didn't know how to fix it mid-presentation.
pragmatic

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 6145 • 16 utterances
Criminal Trial
Department 103
⚖️ Start
📂 MAY 23, 1995 📄 Sidebar (1)
MAY 23, 1995 KRT DvH TD