Testimony conclusion

📄 Testimony conclusion — Tuesday, May 9, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\9\TESTIMONY-CONCLUSION.DOC

TRIAL

▲ Day 70 of 167

◀ Direct examination of Dr. Robin Cotton (part 4) Direct examination of Dr. Robin Cotton (part 7) ▶

Date: Tuesday, May 9, 1995 • Utterances: 8

A brief sidebar before the jury was brought in to address whether the defense cuttings issue could be explored further in testimony. Clarke indicated he had no more questions on that topic for the afternoon, and Ito closed it for the day. The judge also flagged that after the afternoon session, there would be a short break followed by a discussion about a proposed jury instruction.

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

# 2 THE COURT:

Let's have the jurors, please.

# 3 MR. NEUFELD:

Judge, can we have a brief sidebar in reference to the Defense cuttings? I don't think the ruling from the Court permits testifying of that issue and getting into it.

# 4 THE COURT:

How much further are we going to go, Mr. Clarke, on this?

# 5 MR. CLARKE:

I don't have any more questions at this point about that. I haven't examined the rest, but I will overnight.

KEY QUOTE

# 6 THE COURT:

All right. The issue is dead for the afternoon then. Let's proceed. Let's have the jury, please. And after we conclude this, we'll take about a 10-minute break, then have our discussion about the proposed jury instruction.

KEY QUOTE

# 7 MR. CLARKE:

I'm sorry?

# 8 THE COURT:

We'll have our discussion about the requested jury instruction, but take about 10 minutes in between.

Temperature

procedural

Key Quotes (2)

Lance A. Ito

The issue is dead for the afternoon then.

Ito summarily closes the defense cuttings testimony dispute without a formal ruling, deferring it to another time.

George Clarke

I don't have any more questions at this point about that. I haven't examined the rest, but I will overnight.

Clarke signals he is not finished with the topic entirely — he plans to review overnight, keeping the issue alive for future sessions.

Evidence (1)

Informal

Defense cuttings

discussed — whether testimony on this topic was permitted under the court's prior ruling

Notable Exchanges (1)

Peter Neufeld•Lance A. Ito•George Clarke

Neufeld raised a sidebar concern that the court's prior ruling did not permit testimony on the defense cuttings. Ito asked Clarke how much further he intended to go; Clarke said he had no more questions for the afternoon but intended to review overnight.

strategic

Objections

None recorded

Proceeding 5982 • 8 utterances

Criminal Trial

Department 103