📄 Adjournment — Tuesday, September 12, 1995
Address:
C:\DEPT103\CRIMINAL\1995\SEP\12\ADJOURNMENT.DOC
TRIAL
▲ Day 152 of 167

Adjournment

Date: Tuesday, September 12, 1995 • Utterances: 17
End-of-day administrative session in which Barry Scheck raised concerns about not having received expert reports from Dr. Popovich and Mr. DeForest, and pressed the court for an adjournment to review materials from FBI hair expert Douglas Deedrick before cross-examination. Judge Ito declined the adjournment request, noted the issue had already been litigated, and adjourned court until 9:00 AM the following morning.
1 MR. SCHECK:

Your Honor, I've not seen reports from Dr. Popovich, Mr. DeForest.

2 THE COURT:

I didn't hear their names, counsel.

3 MR. SCHECK:

The other thing is, I have one thing that will help you.

4 THE COURT:

What's that?

5 MR. SCHECK:

I have the page references for Dr. Gerdes' testimony.

6 THE COURT:

I have them already.

7 MR. SCHECK:

You have them?

8 THE COURT:

I have them.

9 MR. SCHECK:

Finally, could I request of the court--I will not have an expert--if they are going to deliver these things by 12:30 tomorrow from Mr. Deedrick, I have one expert here and I won't have an opportunity to send them out.

10 THE COURT:

Counsel, we've litigated this issue already.

11 MR. SCHECK:

I understand. What is the ruling going to be? Are they going to be allowed to put him on in the afternoon after I alone look at these experiments?

12 THE COURT:

You've heard the ruling, counsel. You've heard the ruling. All right. 8:30 tomorrow morning, we'll take up scope on the 6-17 incident.

KEY QUOTE
13 MR. SCHECK:

I'm requesting an adjournment, your Honor, until Thursday, Monday for Mr. Deedrick.

KEY QUOTE
14 THE COURT:

Well, you haven't heard Mr. Deedrick yet. We're in recess.

KEY QUOTE
15 (At 6:10 P.M., an adjournment was taken until, Wednesday, September 13, 1995, 9:00 A.M.)
16 (Pages 45190 through 45191, inclusive, sealed)
17 (Pages 45270 through 45281, inclusive, sealed)

Temperature

procedural

Key Quotes (3)

Lance A. Ito
You've heard the ruling, counsel. You've heard the ruling.
Ito's terse repetition signals impatience with Scheck relitigating a decided discovery/scheduling dispute.
Barry Scheck
I'm requesting an adjournment, your Honor, until Thursday, Monday for Mr. Deedrick.
Scheck's explicit adjournment request — offering two alternative dates — underscores how seriously the defense viewed the Deedrick testimony and their lack of preparation time.
Lance A. Ito
Well, you haven't heard Mr. Deedrick yet. We're in recess.
Abrupt dismissal of the adjournment request; Ito refuses to preemptively delay testimony on materials not yet delivered.

Evidence (3)

Informal
Expert reports from Dr. Popovich and Mr. DeForest — not yet received by Scheck
disputed/missing
Informal
Experimental materials from FBI hair analyst Douglas Deedrick, expected delivery by 12:30 the following day
discussed, delivery pending
Informal
Page references for Dr. Gerdes' testimony (DNA contamination expert)
discussed, already in court's possession

Notable Exchanges (1)

Barry ScheckLance A. Ito
Scheck attempts to re-open a scheduling/discovery dispute over Deedrick materials; Ito twice tells him the ruling has been made and cuts off further argument.
tense

Objections

None recorded
Proceeding 7610 • 17 utterances
Criminal Trial
Department 103
⚖️ Start
📂 SEP 12, 1995 📄 Adjournment
SEP 12, 1995 KRT DvH TD