Preliminary matters

📄 Preliminary matters — Tuesday, May 9, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\9\PRELIMINARY-MATTERS.DOC

TRIAL

▲ Day 70 of 167

◀ Exhibit distribution Jury instruction: DNA statistics ▶

Date: Tuesday, May 9, 1995 • Utterances: 12

A brief administrative session in which Judge Ito manages multiple pending matters simultaneously — jury instructions and unresolved DNA stain frequency issues — while waiting for counsel to arrive. No substantive rulings were made; the session consisted largely of off-the-record discussions and coordination.

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

# 2 (Discussion held off the record.)

# 3 THE COURT:

Let me invite counsel to step back in the jury room to discuss that matter and I need to talk to counsel on instructions on another matter.

# 4 (Discussion held off the record.)

# 5 THE COURT:

Mr. Darden, I need to do another hearing here, so if I can get you and counsel to step back in the jury room and Mr. Clarke and Mr. Neufeld and I can talk about these proposed instructions.

# 6 MR. CLARKE:

Actually, Mr. Harmon will be returning. I thought he would be back by now.

# 7 MR. NEUFELD:

Your Honor, are we also going to resolve the issue of mixed stain frequencies now?

KEY QUOTE

# 8 THE COURT:

Counsel, I indicated I was going to read the case authority that you cited. In case you haven't noticed, I have been sitting here all the time. I haven't had much time to do that.

# 9 MR. NEUFELD:

I agree.

# 10 (Brief pause.)

# 11 THE COURT:

While we are waiting, let me ask an off the record question.

# 12 (Discussion held off the record.)

Temperature

routine

Key Quotes (2)

Lance A. Ito

In case you haven't noticed, I have been sitting here all the time. I haven't had much time to do that.

Mild judicial exasperation at Neufeld pressing for resolution of a pending matter; reveals the court's workload during this phase of trial.

Peter Neufeld

Your Honor, are we also going to resolve the issue of mixed stain frequencies now?

Flags that a key DNA evidentiary issue — mixed stain population frequencies — remains unresolved and is being actively pushed by the defense.

Notable Exchanges (1)

Peter Neufeld•Lance A. Ito

Neufeld presses Ito on whether mixed stain frequency calculations will be resolved; Ito gently pushes back, noting he hasn't had time to review the cited case authority.

mildly tense

Light Moments (1)

Lance A. Ito

Ito's dry aside that he has 'been sitting here all the time' and simply hasn't had a free moment to read the cited cases — a quiet, weary retort.

Objections

None recorded

Proceeding 5966 • 12 utterances

Criminal Trial

Department 103