Appearances and opening remarks

📄 Appearances and opening remarks — Wednesday, May 3, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\3\APPEARANCES-AND-OPENING-REMARK.DOC

TRIAL

▲ Day 66 of 167

◀ Adjournment Motion: admissibility of demonstrative exhibits ▶

Date: Wednesday, May 3, 1995 • Utterances: 5

Judge Ito opens the record and summarizes a pre-session chambers meeting held at 8am with counsel to review demonstrative evidence offered by the defense — specifically 25 photographs related to electrophoresis and the claim that a BA blood type marker will degrade to a B. The jury is not present. The judge recaps which photos the prosecution accepted without objection (nos. 4–12, 17, 19–21) and frames the prosecution's objections to photos 1, 2, and 3, which center on a discrepancy between the actual electrophoretogram (where bands faintly appear) and the demonstrative version (where they do not).

# 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:

Back on the record in the Simpson matter. All parties are present. Mr. Simpson is present with counsel, Mr. Shapiro, Mr. Cochran, Mr. Scheck, Mr. Blasier. The People are represented by Mr. Goldberg and Mr. Darden. The jury is not present. The record should reflect that this morning at eight o'clock the Court met with counsel to go over several items of demonstrative evidence that are being offered at this time by the Defense. The first item was a set of 25 photos dealing with electrophoresis with regards to the contention that a BA will degrade to a B. The Court heard the objections and will number these for the purposes of the record as 1 through 25 for the purposes of this discussion. The Prosecution indicated that it had no objection to item no. 4, 5, 6, 7, 8, 9, 10, 11 and 12. No objection to 17. No objection to 19, 20, 21. All right. Mr. Goldberg, my understanding is that your objections to 1, 2 and 3 are because in the actual photograph of the electrophoretogram the bands, as far as item no. 42, actually faintly appear and they don't appear in the demonstration electrophoretogram. And I understand that that is your objection, correct?

Temperature

procedural

Key Quotes (2)

Lance A. Ito

The first item was a set of 25 photos dealing with electrophoresis with regards to the contention that a BA will degrade to a B.

Frames the core scientific dispute: whether blood type markers degrade in a way that could explain the serological evidence against Simpson.

Lance A. Ito

Your objections to 1, 2 and 3 are because in the actual photograph of the electrophoretogram the bands, as far as item no. 42, actually faintly appear and they don't appear in the demonstration electrophoretogram.

Pinpoints the prosecution's specific objection — the demonstrative exhibits misrepresent what the underlying scientific evidence actually shows.

Evidence (1)

Defense photos 1–25 (unnumbered for record purposes)

25 photographs depicting electrophoretograms, offered by the defense to support the argument that a BA blood type marker degrades to a B

reviewed in chambers; prosecution accepted nos. 4–12, 17, 19–21 without objection; objected to nos. 1, 2, and 3

Objections

None recorded

Proceeding 5887 • 5 utterances

Criminal Trial

Department 103