📄 Discovery discussion — Thursday, May 4, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAY\4\DISCOVERY-DISCUSSION.DOC
TRIAL
▲ Day 67 of 167

Discovery discussion

Date: Thursday, May 4, 1995 • Utterances: 6
Prosecutor Hank Goldberg raised a potential discovery violation regarding photographs of a blood vial used by the defense during that day's proceedings. He was uncertain whether the photos had been provided in discovery, but Judge Ito declined to act on the complaint given that the witness (Matheson) had already recognized and testified about the photographs, finding no sufficient materiality to intervene.
1 THE COURT:

Back on the record in the Simpson matter. Mr. Darden, are you going to present the--

2 MR. DARDEN:

Well, it is still a few seconds to one o'clock, your Honor.

3 (Brief pause.)
4 THE COURT:

All right. Mr. Goldberg, you had some comment or concern regarding discovery matters.

5 MR. GOLDBERG:

Yes, your Honor. On the photographs that counsel used today of the blood vial, I do not believe that we were provided those in discovery. We have another set of Defense photographs of the blood vial that we do have. Mr. Scheck tells me that he thinks that it is possible that the photographs that they use could be People's photographs. I did not have an opportunity over the noon hour to verify that, so at this time I can't be a hundred percent sure that he is wrong. But this is a possible discovery violation. I'm just not in a position at this point to say with certainty.

KEY QUOTE
6 THE COURT:

Well, given Mr. Matheson's testimony that he recognized it and testified to what it was, unless there is some other materiality to it, I am not going to entertain any further comment on it then until you tell me it is relevant. All right. Let's have the jury.

KEY QUOTE

Temperature

procedural

Key Quotes (3)

Hank Goldberg
On the photographs that counsel used today of the blood vial, I do not believe that we were provided those in discovery.
Prosecution flags a potential discovery violation regarding defense use of blood vial photographs.
Hank Goldberg
Mr. Scheck tells me that he thinks that it is possible that the photographs that they use could be People's photographs.
Goldberg acknowledges uncertainty — Scheck suggested the photos may have originated from the prosecution's own materials, which would undercut the violation claim.
Lance A. Ito
Given Mr. Matheson's testimony that he recognized it and testified to what it was, unless there is some other materiality to it, I am not going to entertain any further comment on it then until you tell me it is relevant.
Ito shuts down the complaint as premature and insufficiently material, directing Goldberg to return only with concrete evidence of a violation.

Evidence (1)

Informal
Photographs of the blood vial used by defense counsel during examination
disputed — prosecution questioned whether they were produced in discovery

Notable Exchanges (1)

Hank GoldbergLance A. Ito
Goldberg raised a tentative discovery violation over blood vial photos but admitted he could not confirm it; Ito dismissed further discussion until materiality could be established.
procedural

Objections

None recorded
Proceeding 5914 • 6 utterances
Criminal Trial
Department 103
⚖️ Start
📂 MAY 4, 1995 📄 Discovery discussion
MAY 4, 1995 KRT DvH TD