Scheduling and case management discussion

📄 Scheduling and case management discussion — Tuesday, September 12, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\12\SCHEDULING-AND-CASE-MANAGEMENT.DOC

TRIAL

▲ Day 152 of 167

◀ Testimony conclusion and recess Motion: Peratis videotape admissibility ▶

Date: Tuesday, September 12, 1995 • Utterances: 63

Judge Ito runs a brisk out-of-jury scheduling conference, queuing up a series of pending evidentiary issues: the conclusion of glove evidence, RFLP/Bronco DNA testimony, the admissibility of a Thano Peratis videotape, Bronco fiber evidence, and domestic violence expert Don Dutton. Marcia Clark pushes hard to rest the rebuttal case by Thursday, while Cochran, Neufeld, and Scheck each jostle to insert their own urgent matters into the agenda.

# 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 in the Simpson matter. All parties are again present. The jury is not present. All right. After we have finished with Mr. Rubin--and I take it that concludes the Prosecution's representation regarding glove evidence; is that correct?

# 3 MS. CLARK:

With the provision we indicated at side bar, your Honor.

# 4 THE COURT:

Okay. And it is your intent then to move on to Mr. Sims and you wish to present evidence regarding the RFLP testing and the Bronco, correct?

# 5 MS. CLARK:

Yes, your Honor.

# 6 THE COURT:

Where do you intend on going after that?

# 7 MS. CLARK:

After that we were going to present, and we have points and authorities, Hank will be coming down, to present the videotape of Thano Peratis pursuant to evidence code section 1202.

# 8 THE COURT:

All right. We will have to have a hearing on that.

# 9 MS. CLARK:

I think it won't take long. And the video itself, your Honor, is I think fifteen minutes.

# 10 THE COURT:

Okay.

# 11 MS. CLARK:

And we need to be heard on the Bronco fiber evidence.

# 12 THE COURT:

All right.

# 13 MS. CLARK:

And Don Dutton.

# 14 THE COURT:

I'm sorry.

# 15 MS. CLARK:

And Don Dutton.

# 16 THE COURT:

All right. Dutton, I take it the Defense is going to present their P's and A's Friday?

# 17 MR. COCHRAN:

Yes. I indicated Dean Uelmen was returning to the Bay area, presenting his p and A's on Friday, and we thought we would argue that on Monday.

# 18 MS. CLARK:

No, your Honor. That is not acceptable with the People because we expect to rest before then.

# 19 MR. COCHRAN:

If they are true to that, I will ask Dean Uelmen to fly down here Friday afternoon, but as you said, they are being overly optimistic. The court gave them until Friday. If they are moving along. If the court excludes any evidence in this case, we will move it up, but he needed until Friday. Besides that, we haven't rested, at any rate. We will have some witnesses for them by Thursday, anyway.

# 20 THE COURT:

All right. All right. So we have the hearing on Dunton--is it Dutton or Dunton?

# 21 MS. CLARK:

Dutton.

# 22 THE COURT:

Okay. All right. I have not concluded my examination of the RFLP issue. I had all the exhibits that were referenced brought up. I have them in my chambers now, and I have been busy all day, so I haven't had a chance to look at them yet. I mean, I have looked at the exhibits. I have not reviewed the Gerdes' testimony that was referred to, so I'm not prepared to rule on that at this exact time. If we break early before six o'clock today, then hopefully I will be able to get to that and issue a ruling by the end of the day.

KEY QUOTE

# 23 MS. CLARK:

All right. Your Honor, we had--

# 24 THE COURT:

All right. We might as well move on to the--then the next issue you wish to present is the Peratis issue?

# 25 MS. CLARK:

Correct.

# 26 THE COURT:

All right. Ready to proceed to that?

# 27 MR. COCHRAN:

We have a couple of--can we say something, your Honor?

# 28 MR. NEUFELD:

Your Honor, in terms of ready to proceed, I don't think I am ready to proceed when I'm just told for the first time now that the People are about to present to the court points and authorities. I'm going to want to respond to the points and authorities.

# 29 THE COURT:

This is as to Peratis?

# 30 MR. NEUFELD:

I had never heard it until two minutes ago when they just informed you that they intend to come down here with points and authorities.

# 31 MS. CLARK:

No. We intend to argue orally.

# 32 MR. NEUFELD:

I'm sorry.

# 33 MS. CLARK:

We broached this issue on Monday or something.

# 34 MR. NEUFELD:

No points and authorities?

# 35 MS. CLARK:

No.

# 36 MR. NEUFELD:

We are ready to argue.

# 37 MR. COCHRAN:

There is another issue at least that will be of some relevance to us with regard to the problem I spoke to your Honor about earlier, the jury problem, and I need to address that as soon as the court will allow me to. We filed one motion and there is another one that is coming in now that we want to file because this will require some immediate action on our part so it is of some urgency.

# 38 THE COURT:

Well, we've had our discussion.

# 39 MR. COCHRAN:

Well, no. There is--no. We've had a nice discussion, but you said I could bring it up again at four o'clock because there is some remedy I wanted to ask the court for before we take our next step.

# 40 THE COURT:

All right. Well, we will take it up as soon as I finish these other evidentiary matters.

# 41 MR. COCHRAN:

Okay.

# 42 MS. CLARK:

Your Honor, given the--given the fact that the Prosecution may well rest its rebuttal case on Thursday, and at which point we would urge the court to urge the Defense to proceed and complete its case, we would like some discovery of the proposed witnesses.

# 43 THE COURT:

Well, let's--let's--

# 44 MS. CLARK:

I want to end this case this week, your Honor. This jury is tired. We are all tired. It is enough monkeying around. We've got our witnesses ready to go.

KEY QUOTE

# 45 THE COURT:

Counsel, all I'm doing is seeing what issues I need to resolve so you can conclude presenting your case. All right. I will hear argument on the Peratis issue.

# 46 MS. CLARK:

Okay. Mr. Goldberg is prepared on that, your Honor. I didn't know you were going to proceed at this moment.

# 47 MR. SCHECK:

Your Honor, just one thing you should put into the scheduling and that is--

# 48 THE COURT:

Yes.

# 49 MR. SCHECK:

--I'm fairly astonished that Miss Clark truly believes she is going to rest their case when they haven't turned over the materials that is supposed to be the subject of Mr. Deedrick's--the report--and we have a pending application to have an opportunity--

KEY QUOTE

# 50 THE COURT:

Well, that indicates to me that since today is Tuesday we may not see it.

# 51 MR. SCHECK:

Well, I mean, if we never get to see it, they want to rest, it is over with, it is all moot.

# 52 MS. CLARK:

We have turned over Mr. Deedrick's reports, your Honor.

# 53 MR. SCHECK:

You know--

# 54 THE COURT:

Counsel, no. We are not litigating this now counsel.

# 55 MR. SCHECK:

Just an issue for you to consider.

# 56 THE COURT:

All right. Get Goldberg down here.

# 57 MR. SCHECK:

I have a pending application.

# 58 MR. NEUFELD:

Your Honor, you also--you also mentioned earlier today that we could also address the scope of rebuttal issue. Carl Douglas is prepared to address that issue.

# 59 THE COURT:

Well, we are taking this issue by issue, counsel.

# 60 MR. NEUFELD:

I just wanted you to include that in the basket of issues for this afternoon.

# 61 THE COURT:

All of these issues are scope of rebuttal issues.

# 62 MR. NEUFELD:

Thank you, your Honor.

# 63 MR. COCHRAN:

While we are waiting, does the court want me to proceed on the other one, do something, while we are waiting for Mr. Goldberg?

Temperature

procedural

Key Quotes (4)

Marcia Clark

I want to end this case this week, your Honor. This jury is tired. We are all tired. It is enough monkeying around. We've got our witnesses ready to go.

Unusually blunt expression of Clark's frustration with the pace of the trial; signals prosecution's intent to rest rebuttal imminently and pressure the defense to wrap up.

Barry Scheck

I'm fairly astonished that Miss Clark truly believes she is going to rest their case when they haven't turned over the materials that is supposed to be the subject of Mr. Deedrick's--the report.

Raises a live discovery dispute over Deedrick's fiber/hair report, suggesting the prosecution's timeline is not as clean as Clark claims.

Peter Neufeld

I don't think I am ready to proceed when I'm just told for the first time now that the People are about to present to the court points and authorities.

Illustrates the recurring pattern of last-minute scheduling surprises; resolved quickly when Clark clarifies she intends only oral argument.

Lance A. Ito

I have not concluded my examination of the RFLP issue. I had all the exhibits that were referenced brought up. I have them in my chambers now, and I have been busy all day, so I haven't had a chance to look at them yet.

Rare candid admission from the bench about workload; signals the RFLP ruling will come later in the day at the earliest.

Evidence (6)

Informal

Glove evidence (Rubin testimony)

Prosecution confirms conclusion of glove evidence with a side-bar provision

Informal

RFLP testing results related to the Bronco

Upcoming testimony from Gary Sims; court has pulled all referenced exhibits to chambers for review

Informal

Videotape deposition of Thano Peratis (approx. 15 minutes), offered under Evidence Code section 1202

Admissibility hearing pending; oral argument queued

Informal

Bronco fiber evidence

Admissibility hearing pending

Informal

Douglas Deedrick's hair/fiber report

Disputed; Scheck asserts materials have not been turned over to the defense

Informal

Gerdes testimony transcripts referenced in RFLP briefing

Under judicial review in chambers

Notable Exchanges (4)

Marcia Clark•Barry Scheck

Clark insists she has turned over Deedrick's reports; Scheck flatly disputes this and frames it as a scheduling obstacle. Ito shuts down the argument before it escalates.

tense

Marcia Clark•Johnnie Cochran

Clark objects that Cochran's plan to have Dean Uelmen argue the Dutton motion on Monday is unacceptable given the prosecution's plan to rest Thursday. Cochran is skeptical the prosecution will finish that quickly.

strategic

Peter Neufeld•Marcia Clark

Neufeld protests he was blindsided by incoming points and authorities on the Peratis issue; Clark clarifies there are none, only oral argument. Confusion dissolves immediately.

procedural

Johnnie Cochran•Lance A. Ito

Cochran repeatedly tries to insert an urgent 'jury problem' motion into the agenda, reminding Ito he had promised to hear it at four o'clock. Ito defers it until after the evidentiary matters.

procedural

Light Moments (1)

Lance A. Ito

Ito cannot remember whether the domestic violence expert's name is 'Dutton' or 'Dunton,' requiring Clark to correct him twice.

Objections

None recorded

Proceeding 7616 • 63 utterances

Criminal Trial

Department 103