Noon recess and bench conference

📄 Noon recess and bench conference — Wednesday, May 3, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\3\NOON-RECESS-AND-BENCH-CONFEREN.DOC

TRIAL

▲ Day 66 of 167

◀ Cross-examination of Gregory Matheson (part 2) Cross-examination of Gregory Matheson (part 3) ▶

Date: Wednesday, May 3, 1995 • Utterances: 25

The court returned from its noon recess, with a brief unreported bench conference held before the jury was brought back in. Defense attorney Blasier sought clarification from Judge Ito on the procedural rules for introducing a blood vial chart during his cross-examination of LAPD criminalist Gregory Matheson. Once the jury returned, Matheson resumed the stand for continued cross-examination.

# 1 (At 12:00 P.M., the noon recess was taken until 1:00 P.M. of the same day.)

# 2 (Appearances as heretofore noted; also appearing on behalf of Mr. Kardashian, Janet I. Levine and Alvin Michaelson, esquires.)

# 3 (Janet M. Moxham, CSR no. 4855, official reporter.)

# 4 (Christine M. Olson, CSR no. 2378, official reporter.)

# 5 (The following proceedings were held in open Court, out of the presence of the jury:)

# 6 (A conference was held at the bench, not reported.)

# 7 (The following proceedings were held in open Court:)

# 8 THE COURT:

Back on the record in the Simpson matter. All parties are again present. Deputy Magnera, let's have the jurors, please.

# 9 MR. BLASIER:

Your Honor, may I ask one quick question before we bring the jurors in?

# 10 THE COURT:

Yes.

# 11 MR. BLASIER:

I'm a little unclear on our blood vial chart as to your ruling as to when I can bring it out. My understanding that I have to establish an amount before I can start taking blood off of it or do I have to establish every amount that was withdrawn?

KEY QUOTE

# 12 THE COURT:

You can ask--there was a challenge as to the accuracy of the items that were there. You can ask Mr. Matheson what he knows about it, what he took, and start establishing a foundation for it.

# 13 MR. BLASIER:

I mean with the chart there, though?

# 14 THE COURT:

No, no.

# 15 (Discussion held off the record between Defense counsel.)

# 16 THE COURT:

All right. Let's have the jurors.

# 17 (Brief pause.)

# 18 MR. BLASIER:

I might not have been clear, but the amounts that were written on there come off. I wasn't intending to leave those on.

KEY QUOTE

# 19 THE COURT:

I understand that, counsel.

# 20 (The following proceedings were held in open Court, in the presence of the jury:)

# 21 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. Let the record reflect we have been rejoined by all the members of our jury panel. Good afternoon, ladies and gentlemen.

THE JURY: Good afternoon.

# 22 THE COURT:

Mr. Matheson, would you resume the witness stand, please.

Gregory Matheson, the witness on the stand at the time of the noon recess, resumed the stand and testified further as follows:

# 23 THE COURT:

All right. Gregory Matheson is again on the witness stand undergoing cross-examination by Mr. Blasier. Good afternoon, Mr. Matheson.

# 24 MR. MATHESON:

Good afternoon.

# 25 THE COURT:

You are reminded you are still under oath, sir. Mr. Blasier, you may continue.

Temperature

procedural

Key Quotes (3)

Robert Blasier

I'm a little unclear on our blood vial chart as to your ruling as to when I can bring it out. My understanding that I have to establish an amount before I can start taking blood off of it or do I have to establish every amount that was withdrawn?

Reveals the defense strategy of using a chart to track blood withdrawals from OJ's reference vial — a core element of the blood evidence planting theory.

Lance A. Ito

You can ask Mr. Matheson what he knows about it, what he took, and start establishing a foundation for it.

Ito permits Blasier to begin laying foundation for the blood vial chart, signaling the court will allow this line of cross-examination.

Robert Blasier

I might not have been clear, but the amounts that were written on there come off. I wasn't intending to leave those on.

Blasier clarifies that the chart's numerical amounts are not yet in evidence — he is managing what the jury sees before foundation is established.

Evidence (1)

Informal

Blood vial chart tracking amounts withdrawn from OJ Simpson's reference blood sample

discussed — Blasier seeking clarification on when and how it can be introduced during Matheson cross-examination

Notable Exchanges (1)

Robert Blasier•Lance A. Ito

Blasier sought pre-jury clarification on the evidentiary rules for using a blood vial chart during Matheson's cross-examination. Ito ruled he could begin establishing foundation by questioning Matheson on what blood he took.

strategic

Objections

None recorded

Proceeding 5900 • 25 utterances

Criminal Trial

Department 103