Procedural discussion

📄 Procedural discussion — Wednesday, September 13, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\13\PROCEDURAL-DISCUSSION.DOC

TRIAL

▲ Day 153 of 167

◀ Sidebar: witness report Cross-examination of Stephen Oppler (part 2) ▶

Date: Wednesday, September 13, 1995 • Utterances: 25

A brief recess was called to retrieve a report, during which defense attorney Peter Neufeld arranged logistics for recalling a witness (Oppler) during the surrebuttal phase. The parties also negotiated scheduling around the Dutton issue and the prosecution's plan to rest its case.

# 1 THE COURT:

All right. Ladies and gentlemen, we are going to take a brief recess just to secure a copy of that report. It should only take about five or 10 minutes. Let me ask you to step back in the jury room. Mr. Oppler, go upstairs and get your report.

# 2 (The following proceedings were held in open court, out of the presence of the jury:)

# 3 THE COURT:

It appears to be one long sentence.

# 4 (Brief pause.)

# 5 MR. NEUFELD:

I can proceed. Is it possible I can have a few minutes break, two minutes?

# 6 THE COURT:

Two minutes.

# 7 MS. CLARK:

Is it okay if we see it?

# 8 THE COURT:

You handed it over. I assumed you knew what it was.

KEY QUOTE

# 9 MR. DARDEN:

It will save time, Judge.

# 10 MR. NEUFELD:

Can we just have a four-minute break?

# 11 THE COURT:

We are going to take a break at 3:00. Can it wait until 3:00?

# 12 MR. NEUFELD:

Sure.

# 13 THE COURT:

I'd like to finish if at all possible.

# 14 MR. NEUFELD:

Sure. Judge, while we're waiting for the jury, it is my understanding I will edit the brief portions I intend to use on our surrebuttal, and I have to take our original back to do that. So I just want the witness to be on recall for the five minutes or whatever it will take to recall him either Friday morning when we begin our surrebuttal case or on Monday. That's the only way I can proceed because I don't have an edited version of those segments. Okay?

# 15 THE COURT:

Assuming--I assume the Prosecution will finish either Friday or Monday.

# 16 MS. CLARK:

Before then.

# 17 THE COURT:

No. Mr. Oppler will be available.

# 18 MR. NEUFELD:

Thank you.

# 19 THE COURT:

All right. So ordered.

# 20 MS. CLARK:

Your Honor, if we can resolve the Dutton issue tomorrow, we can rest tomorrow. I don't want to go to Friday. I'd like to rest tomorrow.

KEY QUOTE

# 21 MR. COCHRAN:

What was that, your Honor, she said?

# 22 THE COURT:

She indicated the People want to rest tomorrow after Deedrick and whatever is all.

# 23 MR. COCHRAN:

I was thinking we could solve the Dutton issue very easily. I would step out and call Dean Uelmen. If they promise to rest, I'll ask him to come down here tomorrow.

# 24 MS. CLARK:

Well, I can't promise. There's cross-examination with Mr. Scheck. I mean, I don't know. We've got two witnesses--

# 25 THE COURT:

Well, let's--

Temperature

procedural

Key Quotes (3)

Lance A. Ito

You handed it over. I assumed you knew what it was.

Dry rebuke to the prosecution about a document they apparently submitted without fully reviewing.

Marcia Clark

Your Honor, if we can resolve the Dutton issue tomorrow, we can rest tomorrow. I don't want to go to Friday. I'd like to rest tomorrow.

Clark signals the prosecution is near the end of its case and is pushing to close quickly.

Johnnie Cochran

I would step out and call Dean Uelmen. If they promise to rest, I'll ask him to come down here tomorrow.

Cochran offers to expedite the Dutton issue by producing Uelmen if the prosecution commits to resting.

Notable Exchanges (2)

Marcia Clark•Johnnie Cochran

Clark announces the prosecution wants to rest tomorrow after resolving the Dutton issue; Cochran offers to fetch Dean Uelmen to facilitate that, contingent on a prosecution commitment.

strategic

Peter Neufeld•Lance A. Ito

Neufeld explains he needs to take back the original video/tape to edit segments for surrebuttal, and requests that witness Oppler be placed on recall for Friday or Monday.

logistical

Light Moments (1)

Lance A. Ito

Ito tells Clark 'You handed it over. I assumed you knew what it was' — a mild dig at the prosecution for apparently being unfamiliar with their own submitted document.

Objections

None recorded

Proceeding 7666 • 25 utterances

Criminal Trial

Department 103