Legal discussions

📄 Legal discussions — Monday, September 11, 1995

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C:\DEPT103\CRIMINAL\1995\SEP\11\LEGAL-DISCUSSIONS.DOC

TRIAL

▲ Day 151 of 167

◀ Case management discussion Jury returns to courtroom ▶

Date: Monday, September 11, 1995 • Utterances: 31

A brief out-of-jury hearing where prosecutors attempted to introduce last-minute photographs of OJ Simpson doing a commemorative 40-yard dash run in November 1993, arguing it rebutted defense claims about his physical limitations. Judge Ito declined to allow it as a new topic that would delay proceedings, but kept the door open. The session also touched on upcoming scope-of-rebuttal arguments and housekeeping matters.

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

# 2 THE COURT:

All right. Back on the record. All parties are again present. Are we ready to proceed, Mr. Blasier?

# 3 MR. BLASIER:

I was just given three more pictures that have nothing to do with gloves, but are from one of the photographers that purport to have Mr. Simpson in what appears to be kind of a team photo with no gloves on. But, more importantly, I have a still photo of Mr. Simpson on a football field with I guess these old-timers, I'm not sure, with one foot off the ground. They want to introduce this to show that this proves that Mr. Simpson could run the 40-yard dash or something is what I was told. This is the first we heard of this, completely different topic. We object to it. It's a still photo that doesn't show anything. So we would object to these.

# 4 THE COURT:

Miss Clark.

# 5 MS. CLARK:

Yes. We just got them last night. The witness came in and we met for the first time. He had brought photographs in with him that we had never seen before. He showed me this one where he did the 40-yard commemorative run. And I'll just show the court. It's obviously direct impeachment of rebuttal of the Defense case concerning Mr. Simpson's physical ability.

# 6 THE COURT:

When was this?

# 7 MS. CLARK:

End of November `93, November 21, `93.

# 8 MR. BLASIER:

It's a still photo, Judge.

# 9 MS. CLARK:

Why doesn't the court look at it. Still photos catch people in movement all the time. And it will illustrate the testimony because this witness--

# 10 THE COURT:

He's way behind and he's wearing wind tips.

KEY QUOTE

# 11 MS. CLARK:

He's running in dress shoes, right. But the witness saw him do the run.

KEY QUOTE

# 12 MR. BLASIER:

I doubt that this witness has the expertise to testify about any infirmities Mr. Simpson might have.

# 13 MS. CLARK:

He certainly can testify to his observation that he saw him running.

# 14 MR. BLASIER:

What was his time?

# 15 THE COURT:

I'm inclined to go forward with the testimony regarding photographs of the gloves. This is something completely new. It's going to delay our proceeding at this point. I'm not going to go allow it at this point. I'll think about it, but at this point, the answer is no. All right. Let's proceed.

KEY QUOTE

# 16 MR. BLASIER:

Your Honor, we also have other scope arguments that we want--

# 17 THE COURT:

With regards to this witness?

# 18 MR. BLASIER:

No.

# 19 THE COURT:

I want to get some witnesses in front of the jury now.

# 20 MR. NEUFELD:

Judge, I have no problem with that. Can we just have your assurance then that we can deal with the other scope of rebuttal arguments as soon as the jury leaves this afternoon?

# 21 THE COURT:

Absolutely. Absolutely. We're scheduled for 5:00 o'clock starting with RFLP and the Bronco.

# 22 MR. COCHRAN:

One last thing, your Honor. Is the court going to indicate to the jury that we have not rested? Will you tell them for us?

# 23 THE COURT:

I told you I would do that.

# 24 MR. COCHRAN:

Thank you, your Honor.

# 25 MS. CLARK:

May we have our photographs back?

# 26 THE COURT:

Yes, you may. Deputy Magnera.

# 27 MR. BLASIER:

Would your Honor ask the Prosecution to make sure they don't have any photographs lying on the table?

# 28 THE COURT:

So ordered.

# 29 MR. BLASIER:

I'm just wondering if they could turn those over or put them away.

# 30 MS. CLARK:

What?

# 31 THE COURT:

The running photographs. Thank you.

Temperature

procedural

Key Quotes (4)

Marcia Clark

He's running in dress shoes, right. But the witness saw him do the run.

Clark's argument that a still photo of Simpson running in wingtips at a commemorative event proves physical capability — a stretch Ito implicitly acknowledged

Lance A. Ito

He's way behind and he's wearing wind tips.

Ito's candid, skeptical read of the photograph — a rare moment of the judge editorializing about evidentiary value

Robert Blasier

What was his time?

Dry, pointed sarcasm deflating the prosecution's physical-ability argument

Lance A. Ito

I'm inclined to go forward with the testimony regarding photographs of the gloves. This is something completely new. It's going to delay our proceeding at this point. I'm not going to go allow it at this point.

Ito's ruling excluding the new photos while keeping the glove testimony on track

Evidence (3)

Informal

Team photo of Simpson without gloves, from a photographer witness

challenged by defense, not admitted

Informal

Still photograph of Simpson doing a commemorative 40-yard dash run on a football field, November 21, 1993

offered by prosecution as physical-ability rebuttal, excluded by Ito

Informal

Photographs of gloves (primary subject of upcoming testimony)

referenced as basis for proceeding with witness

Notable Exchanges (2)

Lance A. Ito•Marcia Clark

Ito looks at the 40-yard dash photo and immediately notes Simpson is 'way behind and wearing wind tips,' undercutting Clark's argument before she finishes making it.

skeptical/dry

Robert Blasier•Marcia Clark

Blasier asks 'What was his time?' in response to Clark's claim the still photo demonstrates Simpson's running ability — a rhetorical jab that landed without objection.

sardonic

Light Moments (2)

Lance A. Ito

Ito's unprompted observation that Simpson is 'way behind and he's wearing wind tips' while examining the running photo — deadpan judicial commentary.

Robert Blasier

Blasier's 'What was his time?' quip in response to the 40-yard dash photo argument.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 7584 • 31 utterances

Criminal Trial

Department 103