Sidebar: video evidence foundation

📄 Sidebar: video evidence foundation — Wednesday, September 13, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\13\SIDEBAR-VIDEO-EVIDENCE-FOUNDAT.DOC

TRIAL

▲ Day 153 of 167

◀ Direct examination of Stephen Oppler (part 1) Direct examination of Stephen Oppler (part 2) ▶

Date: Wednesday, September 13, 1995 • Utterances: 10

A brief sidebar about how Judge Ito would instruct the jury regarding a video tape of Thano Peratis (the nurse who drew OJ's blood sample). The judge confirmed he would tell jurors the tape was edited at the court's direction and was being shown only because Peratis was unavailable. Clark's attempt to introduce Peratis's statements from the tape for their truth was shut down.

# 1 (The following proceedings were held at the bench:)

# 2 THE COURT:

We are at sidebar.

# 3 MS. CLARK:

I just wanted to ask the court, are you going to say anything as to the authentication of it or the excision--

# 4 THE COURT:

What I am going to do, I am going to restate the instruction that it's for the limited purpose of the unavailability of Mr. Peratis and that the editing that's apparent in the tape was done at the court's direction.

# 5 MS. CLARK:

Okay. Would the court also permit me to introduce by way of Mr. Oppler the statement by Thano Peratis that was made on the tape concerning the reasons that prompted him, because it can't be hearsay. Some of this is offered for the truth of the matter. So it's not hearsay.

KEY QUOTE

# 6 THE COURT:

No.

# 7 MR. COCHRAN:

It's not relevant.

# 8 MS. CLARK:

If it's not relevant, why are they offering it?

KEY QUOTE

# 9 THE COURT:

I'll sustain the objection at this point.

# 10 (The following proceedings were held in open court:)

Temperature

tense

Key Quotes (3)

Lance A. Ito

I am going to restate the instruction that it's for the limited purpose of the unavailability of Mr. Peratis and that the editing that's apparent in the tape was done at the court's direction.

The judge is pre-empting jury confusion about why the tape appears edited, framing it as court-sanctioned — limiting how the jury can use the evidence.

Marcia Clark

Would the court also permit me to introduce by way of Mr. Oppler the statement by Thano Peratis that was made on the tape concerning the reasons that prompted him, because it can't be hearsay. Some of this is offered for the truth of the matter. So it's not hearsay.

Clark attempts a hearsay workaround to get Peratis's out-of-court statements admitted for their truth — a meaningful evidentiary push on blood quantity testimony.

Marcia Clark

If it's not relevant, why are they offering it?

Sharp retort to Cochran's relevance objection, pointing out the defense's inconsistency in wanting the tape played while blocking the prosecution's use of its contents.

Evidence (1)

Informal

Video tape of Thano Peratis (nurse who drew OJ Simpson's blood), edited at court's direction, shown due to Peratis's unavailability

discussed, jury instruction context established

Notable Exchanges (1)

Marcia Clark•Lance A. Ito•Johnnie Cochran

Clark sought to admit Peratis's taped statements for the truth of the matter asserted; Cochran objected on relevance; Ito sustained without entertaining Clark's counter-argument.

strategic

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 7662 • 10 utterances

Criminal Trial

Department 103