Sidebar: photograph exhibits

📄 Sidebar: photograph exhibits — Thursday, May 4, 1995

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C:\DEPT103\CRIMINAL\1995\MAY\4\SIDEBAR-PHOTOGRAPH-EXHIBITS.DOC

TRIAL

▲ Day 67 of 167

◀ Cross-examination of Gregory Matheson (part 1) Cross-examination of Gregory Matheson (part 2) ▶

Date: Thursday, May 4, 1995 • Utterances: 18

A bench conference during the civil trial where the prosecution objected to defense photographs of a blood vial from a lab visit, claiming they were not provided in discovery. Judge Ito overruled the objection after the defense explained the photos were part of a large batch turned over months earlier, and because the witness had already testified he recognized the visit.

# 1 (The following proceedings were held at the bench:)

# 2 MR. SCHECK:

He has got a lot of nerve. These are people that won't even stipulate to lunch on the record.

KEY QUOTE

# 3 THE COURT:

Mr. Scheck, be quiet.

# 4 MR. SCHECK:

This photograph was taken--

# 5 THE COURT:

Mr. Scheck, be quiet.

# 6 MR. SCHECK:

All right.

# 7 THE COURT:

All right. I'm looking at 1136-B, 1137 and 1136-A. All right. Mr. Goldberg, what is your objection?

# 8 MR. GOLDBERG:

We were not provided these in discovery. I haven't seen them in--in fact, counsel didn't show them to me this morning, I don't believe. I don't believe he did. He didn't show them to me until he put them up with the witness, so there is a discovery violation.

# 9 THE COURT:

All right. Mr. Blasier, why didn't you show these to Mr.--

# 10 MR. BLASIER:

These were provided months ago when we turned over I think about $1700 worth of photographs. These photographs were part of the ones that we took at the lab that we gave up a whole stack in order numbered.

# 11 MR. GOLDBERG:

Let me see the date on this.

# 12 (Brief pause.)

# 13 MR. BLASIER:

And they took the same pictures that we did.

# 14 MR. GOLDBERG:

I'm not sure if this is the same lab visit. We do have some Defense photographs from that lab visit, your Honor, but I don't recall seeing this set of photographs of the blood vial from the lab visit. I do recall seeing other photographs of the physical layout of the lab.

# 15 THE COURT:

Well, at this point--

# 16 MR. GOLDBERG:

On--

# 17 THE COURT:

At this point Mr. Matheson has testified he has no doubt as to what this is and he recollects the visit, so I'm going to overrule the objection at this time. Mr. Goldberg, you can review your photos. If you don't already have this, you can bring it up again. Let's proceed.

KEY QUOTE

# 18 MR. GOLDBERG:

Thank you, your Honor.

Temperature

tense

Key Quotes (3)

Barry Scheck

He has got a lot of nerve. These are people that won't even stipulate to lunch on the record.

Scheck venting frustration at the prosecution's discovery objection, prompting the judge to silence him twice — reveals the combative atmosphere between counsel.

Lance A. Ito

At this point Mr. Matheson has testified he has no doubt as to what this is and he recollects the visit, so I'm going to overrule the objection at this time.

Ito's ruling — the witness's confident testimony mooted the discovery dispute.

Hank Goldberg

I don't believe he did. He didn't show them to me until he put them up with the witness, so there is a discovery violation.

Core of the prosecution's objection: surprise use of exhibits at the moment of witness examination.

Evidence (3)

1136-A

Defense photograph of blood vial from lab visit

challenged on discovery grounds, objection overruled

1136-B

Defense photograph of blood vial from lab visit

challenged on discovery grounds, objection overruled

1137

Defense photograph from lab visit

challenged on discovery grounds, objection overruled

Notable Exchanges (2)

Barry Scheck•Lance A. Ito

Scheck began venting about the prosecution's gall in raising a discovery objection; Ito cut him off twice with 'Mr. Scheck, be quiet' before he complied.

tense

Robert Blasier•Hank Goldberg

Blasier asserted the photos were part of a large numbered batch turned over months earlier; Goldberg acknowledged having some defense lab photos but couldn't confirm this specific set.

strategic

Light Moments (1)

Barry Scheck

Scheck's aside that the prosecution 'won't even stipulate to lunch on the record' — a sardonic swipe at opposing counsel's litigiousness.

Witness Demeanor

(Brief pause.)

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 5906 • 18 utterances

Criminal Trial

Department 103