A brief sidebar to clarify the status of glove expert Richard Rubin's testimony. The court and both sides agreed Rubin could be released for the day but remained subject to recall pending the prosecution's review of an NBC videotape from an Indianapolis Colts game, which may contain relevant footage. The conference also briefly touched on a pending ruling regarding witness Sims.
# 1 THE COURT: Well, let me see counsel over at sidebar with the court reporter, please.
# 2 (The following proceedings were held at the bench:) # 3 THE COURT: We're over at the sidebar. Mr. Darden, my recollection is that the NBC tape you still haven't seen from which game was it? The Bengals game?
# 4 MR. DARDEN: Indianapolis Colts.
# 5 THE COURT: Guidera videotape. Are you planning on recalling Rubin after you see that tape?
# 6 MR. DARDEN: In all honesty, no.
# 7 THE COURT: Is that it?
# 8 MR. DARDEN: That's it unless I see something in the Indianapolis Colts game that I find so persuasive that I would want to bring him out.
# 9 THE COURT: This is logically the end of glove 2?
KEY QUOTE # 12 MR. COCHRAN: Except he wanted to reserve excusing him.
# 13 THE COURT: I understand.
# 14 MR. BLASIER: If they--
# 15 THE COURT: But our difficulty being, I didn't know if the Prosecution was going to offer anything more with the new videotapes.
# 16 MS. CLARK: Let me make it clear.
# 17 MR. COCHRAN: One person, Judge.
# 18 THE COURT: I'm sorry.
# 19 MR. DARDEN: Let me make it clear.
# 20 MR. COCHRAN: Sounds just like her.
KEY QUOTE # 21 MR. DARDEN: You know, we're concerned about--my concern is this. If the Indianapolis Colts tape shows to be a necessary tape, if I come in and lay a foundation for NBC to play it, then I'm going to want to play it. My only concern is this. We might need Rubin back for foundational reasons. But I don't expect that that's going to be a problem. Could be. So I don't want to give the impression that there's no way we are going to call him back.
# 22 THE COURT: Let me ask you this, Mr. Blasier. As to what's been presented so far, do you feel you've completed cross-examination?
# 23 MR. BLASIER: If they're not going to present the video, he's subject to recall, but we're not going to bring him back.
# 24 MR. DARDEN: I haven't said whether I'm going to put it on or not. I haven't seen it.
# 25 THE COURT: I understand. So both sides understand, Mr. Rubin may still be recalled if something turns up on the Indianapolis Colts video. Okay. I just wanted to make it clear that since we don't have the tape, we are not going to talk to Rubin about it today, I am going to let the guy go. But I'm sure if we pick up the phone and call him, tell him to come back, he'll come back.
# 26 MS. CLARK: Let me ask you for guidance on this. If we get the tape and want to show it, I believe we'll get it with a 1560 affidavit. I'd like to save time and just show the tape without having to recall Rubin.
# 27 THE COURT: Well, it depends.
# 28 MR. DARDEN: That's what I said.
# 29 MR. COCHRAN: How can we answer that? I'm not answering nothing until I see the tape.
# 30 MS. CLARK: I understand. I'm telling the court where I am going with this.
# 31 THE COURT: I'm just seeing where we are at this point. There's a possibility one side or the other may want to call Rubin in light of what the tape shows. That's so we're all clear.
# 32 MR. COCHRAN: Where do we go from here so we know on Sims? Did we get a ruling on that?
# 33 THE COURT: I'm about to. I said I'll get to it when I get to look at the stuff.
# 34 MR. COCHRAN: They're leaving at 4:00 anyway.
# 35 THE COURT: I think I'm going to kick them loose at this point.
# 36 MR. COCHRAN: We have some other motions to talk about.
# 37 THE COURT: All right.