Jury reconvening

📄 Jury reconvening — Tuesday, September 12, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\12\JURY-RECONVENING.DOC

TRIAL

▲ Day 152 of 167

◀ Cross-examination offer and juror matter Direct examination of Richard Rubin ▶

Date: Tuesday, September 12, 1995 • Utterances: 52

Before the jury was brought in, Darden requested permission to bring in a higher-quality video monitor to better display stitching details on the glove during Richard Rubin's testimony. After a brief preview for defense counsel and OJ Simpson, the prosecution's own technician determined the additional feed was actually degrading image quality, and the monitor was removed unused.

# 1 THE COURT:

All right. Let's have the jury, please.

# 2 MR. DARDEN:

Oh, your Honor, I need to get a--I need to get a video monitor into the courtroom.

# 3 THE COURT:

A video monitor?

# 4 MR. DARDEN:

Yeah.

# 5 THE COURT:

For what purpose?

# 6 MR. DARDEN:

Clarity, the videotape as Mr. Rubin described.

# 7 THE COURT:

Is there a reason we didn't do that during all this down time?

# 8 MR. DARDEN:

Yes. I forgot to bring it to your attention and ask your permission.

KEY QUOTE

# 9 THE COURT:

Is it on its way?

# 10 MR. DARDEN:

It is right outside the door.

# 11 THE COURT:

Bring it in.

# 12 (Brief pause.)

# 13 MR. BLASIER:

Is this for something we haven't seen?

# 14 MR. DARDEN:

No.

# 15 THE COURT:

The indication by Mr. Darden was he felt this monitor had greater clarity.

# 16 MR. BLASIER:

Can we preview it first?

# 17 THE COURT:

I think this is the same thing that we looked at yesterday.

# 18 MR. BLASIER:

If it has different quality, it is not the same thing.

# 19 THE COURT:

And this is just another feed off of--Mr. Darden?

# 20 MR. DARDEN:

Yes.

# 21 THE COURT:

This is just another feed--in other words, you are just directing the same feed to this particular monitor?

# 22 MR. DARDEN:

Yes, yes. Same video that we saw yesterday.

# 23 THE COURT:

Which video? The Boomer Esiason video?

# 24 MR. DARDEN:

Pardon?

# 25 THE COURT:

Which video?

# 26 MR. DARDEN:

The one we saw yesterday, the Boomer Esiason video, January 6, `92, video now.

# 27 THE COURT:

All right.

# 28 MR. BLASIER:

Bringing in special equipment because what we have been using for eight months is not adequate? Is that what you are saying?

KEY QUOTE

# 29 MR. DARDEN:

Well, Mr. Rubin is going to be pointing to stitching and other small items and detail on the glove and that is why we brought a monitor in for clarity.

# 30 THE COURT:

All right. Let's have the--I will have this played for Mr. Blasier and counsel so they see can see if there is any difference on how it is displayed on the direct view monitor.

# 31 (Brief pause.)

# 32 THE COURT:

If we are going to use this, Mr. Darden, you are going to have to use the central podium.

# 33 MR. DARDEN:

I'm sorry?

# 34 THE COURT:

If you are going to use this, you are going to need to use the central podium.

# 35 THE COURT:

All right. Mr. Fairtlough, just leave it there. All right. Would you play for Mr. Blasier, please, the video on the new monitor.

# 36 MR. FAIRTLOUGH:

Yes, your Honor.

# 37 MR. SHAPIRO:

Your Honor, Mr. Simpson would like to see this also.

# 38 THE COURT:

All right. Let's turn the monitor around so we can all see.

# 39 (Brief pause.)

# 40 THE COURT:

All right. Ninety more degrees.

# 41 (Brief pause.)

# 42 THE COURT:

Mr. Harris, this is so Mr. Simpson can see.

# 43 (Brief pause.)

# 44 THE COURT:

Swing it around some more. (Brief pause.)

# 45 THE COURT:

Thank you.

# 46 (Discussion held off the record between the Deputy District Attorneys.)

# 47 MR. FAIRTLOUGH:

Your Honor, at this time the additional feed is causing us to lose a little too much signal, so I don't think we are going to end up using this. It is just not--it is not giving the sort of image quality that we hoped it would.

# 48 MR. BLASIER:

I was about to agree to it.

KEY QUOTE

# 49 THE COURT:

All right. Break it down.

# 50 (Brief pause.)

# 51 THE COURT:

All right. Deputy Magnera, let's have the jury, please.

# 52 (Brief pause.)

Temperature

light

Key Quotes (4)

Christopher Darden

I forgot to bring it to your attention and ask your permission.

Darden's candid admission that he simply forgot to request the monitor during the lengthy recess — a minor but telling moment of courtroom disorganization.

Robert Blasier

Bringing in special equipment because what we have been using for eight months is not adequate? Is that what you are saying?

Blasier's pointed skepticism frames the monitor request as an implicit criticism of eight months of trial procedure.

Robert Blasier

I was about to agree to it.

Dry punchline — Blasier agreed just as the prosecution abandoned the idea, undercutting the whole episode.

Mr. Fairtlough

The additional feed is causing us to lose a little too much signal, so I don't think we are going to end up using this.

The prosecution's own technician pulled the plug on the prosecution's own request, making the entire pre-jury delay pointless.

Evidence (1)

Informal

Boomer Esiason video from January 6, 1992 — footage referenced during glove testimony by Richard Rubin

discussed, prepared for display

Notable Exchanges (2)

Robert Blasier•Christopher Darden

Blasier questioned whether bringing special equipment implied eight months of inadequate display; Darden explained it was specifically for showing small stitching details on the glove.

sardonic

Robert Shapiro•Lance A. Ito

Shapiro requested OJ Simpson be allowed to view the monitor preview; Ito accommodated by having the monitor rotated.

routine

Light Moments (1)

Robert Blasier

The entire setup — extended delay, monitor repositioned multiple times, OJ given a viewing, defense counsel about to agree — ended with the prosecution's own tech saying the picture was actually worse. Blasier's 'I was about to agree to it' served as the perfect coda.

Objections

None recorded

Proceeding 7629 • 52 utterances

Criminal Trial

Department 103