Direct examination of Stephen Oppler (part 2)

📄 Direct examination of Stephen Oppler (part 2) — Wednesday, September 13, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\13\DIRECT-EXAMINATION-OF-STEPHEN-.DOC

TRIAL

▲ Day 153 of 167

◀ Sidebar: video evidence foundation Cross-examination of Stephen Oppler (part 1) ▶

Witness: Stephen Oppler
Examiner: Marcia Clark
Called by: Prosecution • Date: Wednesday, September 13, 1995 • Utterances: 2

Judge Ito delivered a brief limiting instruction to the jury regarding a videotape they had just watched, clarifying it was admitted solely to evaluate the credibility of witness Dennis Peratis and that any visible editing was done at the court's direction. Marcia Clark then declined to continue her direct examination of Stephen Oppler, ending this portion of testimony.

# 1 THE COURT:

All right. Thank you, counsel. Ladies and gentlemen, if you recollect, I indicated to you that the tape that we just saw was to be used by you for the limited purpose of evaluating the credibility of Mr. Peratis whose testimony you saw previously. Also, there were some--there was some editing that was apparent in the videotape, and you should know that that editing was done at the court's order. All right. Miss Clark, do you have anything further for Mr. Oppler?

# 2 MS. CLARK:

No, thank you, your Honor.

Temperature

procedural

Key Quotes (2)

Lance A. Ito

the tape that we just saw was to be used by you for the limited purpose of evaluating the credibility of Mr. Peratis whose testimony you saw previously

Classic limiting instruction — the Peratis tape was highly contested evidence about how much blood was drawn from OJ; the court is cabining its use to credibility only.

Lance A. Ito

there was some editing that was apparent in the videotape, and you should know that that editing was done at the court's order

Proactive transparency from the judge to prevent jurors from drawing adverse inferences from visible cuts in the tape.

Evidence (1)

Informal

Videotape of Dennis Peratis (re: blood draw quantity)

Court issued limiting instruction on its use for credibility evaluation only

Notable Exchanges (1)

Lance A. Ito•Marcia Clark

After the limiting instruction, Clark passes on further examination of Oppler, ending direct.

routine

Credibility Attacks (1)

⚔ Dennis Peratis

prior inconsistent statement (videotape)

The Peratis tape was played to impeach or contextualize his earlier testimony — the limiting instruction confirms the tape's sole admitted purpose is credibility evaluation.

Objections

None recorded

Proceeding 7663 • 2 utterances • Prosecution witness

Criminal Trial

Department 103