DNA scheduling

📄 DNA scheduling — Friday, May 5, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\5\DNA-SCHEDULING.DOC

TRIAL

▲ Day 68 of 167

◀ Motion: discovery sanctions Adjournment ▶

Date: Friday, May 5, 1995 • Utterances: 18

Counsel briefly discussed logistics for reviewing DNA display boards prepared for the upcoming testimony of Dr. Tylick, expected to begin Monday. Judge Ito scheduled an informal 2:00 PM viewing that same afternoon, with coats off and no court clerk. Goldberg also asked about marking a blood vial printout exhibit, which the judge deferred to Monday.

# 1 MS. LEWIS:

Your Honor, Mr. Blasier mentioned to me he had a plane--he was hoping to get out by noon. I don't know if he's still here.

# 2 THE COURT:

No. I know. But I understand, since we have five other able lawyers here, that somebody here knows about this. All right. Mr. Neufeld.

# 3 MR. NEUFELD:

Yes, your Honor. When would you like to take up the issue of the DNA boards for Dr. Tylick, who I believe will be beginning to testify sometime on Monday?

# 4 THE COURT:

All right. Have we displayed those?

# 5 MR. CLARKE:

We had a viewing by the Defense of the various boards, and I believe Mr. Neufeld indicated there may be some objections to some of them. They are upstairs and somewhat voluminous, but at least they're heavy.

# 6 THE COURT:

All right. Then why don't we do this 8:00 o'clock Monday.

# 7 MR. SCHECK:

Well, if they have to change the boards, I don't know if that's--we can indicate--I don't know.

# 8 THE COURT:

Well, I mean, are counsel available this afternoon? Mr. Clarke?

# 9 MR. CLARKE:

Did the Court have a particular time in mind?

# 10 THE COURT:

Well, I would like to get some lunch one of these days. You want to come back say at 1:30, 2:00 o'clock informally, and we'll just take our coats off, look at these things and see what we got?

KEY QUOTE

# 11 MR. CLARKE:

That's fine.

# 12 THE COURT:

All right. 2:00 o'clock.

# 13 MR. GOLDBERG:

Your Honor, is it possible to mark one of the printouts that was not previously marked of the blood vial? And I don't know whether we need to separately mark our little red--

# 14 THE COURT:

Let's do that Monday.

# 15 MR. GOLDBERG:

Okay. So can we take them or leave them in the Court's custody.

# 16 THE COURT:

No. Leave it in the Court's custody.

# 17 MR. CLARKE:

Was that to be 1:30 or 2:00, your Honor? I'm sorry.

# 18 THE COURT:

2:00 o'clock. And we won't have a court clerk.

Temperature

routine

Key Quotes (3)

Lance A. Ito

You want to come back say at 1:30, 2:00 o'clock informally, and we'll just take our coats off, look at these things and see what we got?

Characterizes the relaxed, off-the-record nature of the session; Ito's casual management style.

Lance A. Ito

I would like to get some lunch one of these days.

Rare moment of levity from the judge amid a grueling trial schedule.

George Clarke

They are upstairs and somewhat voluminous, but at least they're heavy.

Dry humor about the size and weight of the DNA board exhibits.

Evidence (2)

Informal

DNA display boards prepared for Dr. Tylick's testimony

Scheduling of informal defense viewing; objections anticipated

Informal

Printout of blood vial, not previously marked

Goldberg requests formal marking; deferred to Monday

Notable Exchanges (1)

Lance A. Ito•George Clarke•Barry Scheck

Brief back-and-forth about whether an afternoon viewing was feasible if boards needed to be changed before Monday testimony.

practical

Light Moments (2)

Lance A. Ito

Judge jokes about wanting to get lunch 'one of these days' while scheduling the afternoon session.

George Clarke

Clarke quips that the DNA boards are 'somewhat voluminous, but at least they're heavy.'

Objections

None recorded

Proceeding 5931 • 18 utterances

Criminal Trial

Department 103