Sidebar: cross-examination readiness

📄 Sidebar: cross-examination readiness — Monday, September 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\11\SIDEBAR-CROSS-EXAMINATION-READ.DOC

TRIAL

▲ Day 151 of 167

◀ Direct examination of Debra Guidera Cross-examination of Debra Guidera ▶

Date: Monday, September 11, 1995 • Utterances: 13

During a sidebar, defense attorney Blasier says he is unprepared to cross-examine the current witness because he just received a video he has never seen. Clark clarifies the prosecution also lacks the video, explaining that NBC has been uncooperative with a subpoena due to a typographical error, and that resolving NBC's authentication dispute is necessary before completing the foundation for Richard Rubin's testimony. Judge Ito cuts through the back-and-forth and orders the parties to proceed with concluding Miss Guidera's testimony.

# 1 (The following proceedings were held at the bench:)

# 2 THE COURT:

We're over at the sidebar.

# 3 MR. BLASIER:

This is--I'm not prepared to cross-examine her because this is a game we just got the video on and never seen.

KEY QUOTE

# 4 MS. CLARK:

No. We didn't--we don't have the video. We asked for it a week ago and was never sent to us.

# 5 MR. BLASIER:

Okay.

# 6 THE COURT:

Okay. Let's go.

# 7 MS. CLARK:

We're trying. We intend to have one someday, yes.

# 8 MR. COCHRAN:

This case will be over someday too, won't it?

KEY QUOTE

# 9 MS. CLARK:

I don't know based on the way Defense is going.

KEY QUOTE

# 10 THE COURT:

I hope so. Hold it, hold it, hold it, hold it. You are ready to go?

# 11 MR. BLASIER:

This morning, they listed three videos that came in this morning. Was this one of them?

# 12 MS. CLARK:

We have no video for her right now. It did not come in. Let me indicate though to the court though, because this is really important, we've asked for it a week ago and NBC has been very, very uncooperative with us. They refuse to Honor our subpoena because there was a typographical error in the SDT. We need to take this up with the court. We also have a video clip for which we do not have a still photo that we need to be able to show the jury that we've tried to obtain through one of their representatives. As the court knows, the NBC attorney is fighting bringing in the custodian to testify insisting that the court force a stipulation on the parties of some kind or another to authenticate the tape. So we need to resolve that issue before we complete the testimony necessary for the foundation for Richard Rubin's testimony. So a couple things. We're still waiting for the tape.

# 13 THE COURT:

Let's conclude Miss Guidera. All right.

Temperature

procedural

Key Quotes (4)

Robert Blasier

I'm not prepared to cross-examine her because this is a game we just got the video on and never seen.

Defense claims surprise, halting cross-examination and triggering the sidebar.

Marcia Clark

NBC has been very, very uncooperative with us. They refuse to Honor our subpoena because there was a typographical error in the SDT.

Reveals an ongoing evidentiary bottleneck — a third-party media company is blocking the prosecution's access to video evidence on a technicality.

Johnnie Cochran

This case will be over someday too, won't it?

Sardonic quip about the trial's length, drawing a sharp response from Clark.

Marcia Clark

I don't know based on the way Defense is going.

Clark fires back at Cochran, signaling mutual frustration between the teams.

Evidence (2)

Informal

Video footage (NBC) relevant to current witness Miss Guidera and/or Richard Rubin's glove testimony foundation

discussed — not yet obtained due to NBC's resistance to subpoena

Informal

Video clip for which prosecution lacks a still photo needed to show the jury

discussed — still being sought

Notable Exchanges (2)

Marcia Clark•Johnnie Cochran

Cochran quips that the case will be over 'someday'; Clark shoots back that she's not sure given the pace of the defense.

testy/light

Marcia Clark•Lance A. Ito

Clark delivers a detailed explanation of NBC's subpoena resistance and the authentication dispute, urging the court to intervene; Ito cuts it short and moves on.

strategic

Light Moments (2)

Johnnie Cochran

Cochran deadpans that the case will be over 'someday too,' prompting laughter and a comeback from Clark.

Lance A. Ito

Ito wearily echoes the hope the case will end: 'I hope so.'

Objections

None recorded

Proceeding 7579 • 13 utterances

Criminal Trial

Department 103