Testimony readback

📄 Testimony readback — Monday, October 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\OCT\2\TESTIMONY-READBACK.DOC

TRIAL

▲ Day 165 of 167

◀ Sequestration and verdict procedures Jury recess ▶

Date: Monday, October 2, 1995 • Utterances: 19

During jury deliberations, the jury sent a request to have Allan Park's testimony from March 28, 1995 read back to them. Defense counsel Carl Douglas noted the testimony ended mid-cross-examination and asked for the full cross, redirect, and recross to be included. Judge Ito agreed, and the readback commenced at 1:07 PM.

# 1 (Janet M. Moxham, CSR no. 4855, official reporter.)

# 2 (Christine M. Olson, CSR no. 2378, official reporter.)

# 3 (At 9:00 A.M. the jury commenced their deliberations.)

# 4 (At 12:00 P.M. the noon recess was taken until 1:00 P.M. of the same day.)

# 5 (Appearances as heretofore noted, Mr. Douglas only appearing on behalf of the Defendant.)

# 6 (Janet M. Moxham, CSR no. 4855, official reporter.)

# 7 (Christine M. Olson, CSR no. 2378, official reporter.)

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

# 9 THE COURT:

All right. Back on the record in the Simpson matter. Mr. Simpson is again present before the court with his counsel, Mr. Douglas. The People are represented by Mr. Hodgman and Mr. Darden. The jury and alternates are not present. Counsel, we have a request for read back from the jury and the request has been shown to counsel for both parties. However, for the record, it reads as follows: "We, the jury in the above-entitled action, request the following: "Testimony from March 28, 1995, of Allan Park." The request is dated today and it is signed by the Foreperson, Juror No. 1. And Mr. Douglas, you have discussed this matter with your client?

# 10 MR. DOUGLAS:

I have, your Honor, and your Honor, I'm told that the 28th stops in the middle of cross-examination. I would therefore ask that the entire cross, redirect and recross be read as well.

# 11 THE COURT:

All right. Any comment, Mr. Darden?

# 12 MR. DARDEN:

I don't think we should give the jurors any more than they asked for, but if you are inclined to do that, we have no objection.

KEY QUOTE

# 13 THE COURT:

All right. All right. My inclination is to give them the entire testimony, since it would be incomplete to give them just the one part. All right. And Deputy Trower, let's have the jurors, please.

# 14 (Brief pause.)

# 15 (The following proceedings were held in open court, in the presence of the jury:)

# 16 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. And let the record reflect that we have now been rejoined by all the members of our jury panel and our two alternates. Good afternoon, ladies and gentlemen.

THE JURY: Good afternoon.

# 17 THE COURT:

I have received from your Foreperson, juror no. 1, a request to have the testimony from March the 28th, 1995, of Allan Park reread to you. And, ladies and gentlemen, the testimony of Mr. Park on March 28th concludes at the end of the court day in the midst of the cross-examination, so I'm going to ask the court reporter to conclude reading through the end of the cross-examination so that you have a complete picture of the testimony of Mr. Park. All right. Madam court reporter, would you please commence. And the record should reflect, I believe, that we are starting after the issuance of the oath at page 2510 of the record. Is that correct, madam court reporter?

# 18 THE REPORTER:

Yes, your Honor.

# 19 (At 1:07 the requested testimony was read back to the jury.)

Temperature

procedural

Key Quotes (3)

Carl Douglas

I'm told that the 28th stops in the middle of cross-examination. I would therefore ask that the entire cross, redirect and recross be read as well.

Defense sought to ensure the jury heard the complete picture of Park's testimony, not just the portion favorable to one side.

Christopher Darden

I don't think we should give the jurors any more than they asked for, but if you are inclined to do that, we have no objection.

Prosecution's mild resistance to expanding the readback beyond the jury's explicit request, though they ultimately deferred to the court.

Lance A. Ito

My inclination is to give them the entire testimony, since it would be incomplete to give them just the one part.

Judge's rationale for expanding the readback to ensure jury had full context of Park's testimony.

Notable Exchanges (1)

Carl Douglas•Lance A. Ito•Christopher Darden

Brief discussion over scope of readback — defense sought full testimony including cross/redirect/recross; prosecution mildly resisted but deferred; judge sided with defense's logic.

strategic

Objections

None recorded

Proceeding 7893 • 19 utterances

Criminal Trial

Department 103