All right. Back on the record in the Simpson matter. Mr. Simpson is present with counsel, Mr. Shapiro, Mr. Cochran, Mr. Blasier, Mr. Scheck, Mr. Neufeld, People represented by Miss Clark and Mr. Darden. Good morning, counsel.
All right. As far as scheduling is concerned today, I understand we're going to conclude with Miss Ramirez and then I understand the Prosecution is going to move on to the presentation of Mr. Deedrick and Mr. Bodziak; is that correct?
Yes, with one addition, your Honor. I understand that--I think--we have informed counsel we forgot to put on the list a photographer.
Your Honor, with regard to that, it would violate the three-day rule. But since the People have only two other witnesses, we need some time to interview Mr. Adkins. So we'll need some time on that and probably we'll be ready after that. I spoke briefly with Mr. Darden about the scope of this. We can talk to Mr. Adkins. We may be able--I believe that's Mr. Neufeld's witness. We may be able to proceed on that, but we'll need some time.
May I have an oral estimate? Do the People expect to finish their case either--depending on my cross-examination, by tomorrow at the latest?
Well that's what I think. I mean, cross is unpredictable, but my proposed direct is not that extensive. I think we should finish tomorrow.
You may be right, your Honor. I mean, I'm optimistic because there is going to be down time today before we get to the witnesses. Everybody wants to talk to everybody, so that may be true. But, you know, hope springs eternal.
Right. Let me see what plans we made. I'll check with Deputy Jex to see what other plans, because we may have made doctors' appointments--
With that thought in mind, your Honor, we will then proceed to try to line up our--the balance of our witnesses starting Monday. So we'll try not to have too much downtime.
Your Honor, there's one other thing. Two other things. No. 1, we had made a motion for judicial notice on the phase of the moon on June the 12th, and the court granted that motion. So I'd ask that the court--I don't know if the court has it. I have it with me. If the court would read that to the jury prior to the People conditionally resting on rebuttal. And also, the People have made--
All right. I think what you need to do then is make a formal request in front of the jury that the court take judicial notice of that particular phase of the moon.
Phase of the moon? What's the word? "Increasing"? There was "Waning," "Waxing," remember that word? There was some question about what you were going to do about "Waning" and "Waxing."
I was going to tell them what the appropriate term is, "Waning" and "Waxing," and I assume, since that is a common term, the jurors will know what that means.
Anyway, the proposed sentence is here your Honor; on June 12th, 1994, the moon was a cres--we have as a crescent moon with 12 percent. Why not just say then on June the 12th, 1994, the moon was a waxing crescent moon with 12 percent of the moon surface illuminated? And that will satisfy both sides I think.
Your Honor, the problem is with that, if you recall--I don't want to spend a lot of time on it--instead of using the word "Waxing," I thought we talked "Increasing" because you see--
No. The terminology for the phase of the moon, increasing and decreasing illumination is "Waxing" and "Waning." Everybody knows that.
Lastly, your Honor, the People have made repeated requests for the Stockdale tape. We've attempted to get it from the--from the answering machine company as directed by the court. We submitted a letter, I think a copy of it came to the court with a declaration from the person told to us by Miss Stockdale who indicated they do not keep copies, they do not any longer have a copy of the tape, which means that under Meredith, we're back at our initial starting point, which is that the Defense has altered evidence to a point that we can no longer obtain it by our own means, and we requested of the Defense by a letter I think sent a couple weeks ago to present that tape to us. We would like now to have that tape produced in court.
I can just address it generally. I think that if I recall correctly--and we'll have to get back to this later perhaps. I think we submitted some declarations to the court under seal regarding this, and I'd like the court to pull those up. I don't have copies of that here.
All right. That was during a 1054.7. We need to revisit that because I need to check my notes.
Just for the record, I have just received a letter dated September 13th to Mr. Cochran from James Michael Maddock, deputy counsel of the office of general counsel of the Federal Bureau Of Investigation. And as I previously informed the court, this letter indicates that the bureau does not object to Special Agent Frederick Whitehurst testifying in this matter.
Therefore, a subpoena for his presence is unnecessary. I think we probably should just mark this letter and make a copy for--so that that's before the court. And also, I should put on the record what I think I've previously informed the court. In this letter, Mr. Maddock indicates that the subpoena that we served for records to the FBI--well, it was a subpoena that we served on Mr. Whitehurst's counsel. It was then forwarded to the FBI--was not jurisdictionally valid in so far as it had to go through the federal district court--we've taken measures to do that, and that he has also--it's not reflected in the letter, but he's also agreed and Mr. Whitehurst--dr. Whitehurst has agreed to an interview with both sides in this case with the court reporter present. And hopefully we can arrange that by Saturday and then further discovery can ensue from that. But for purposes of the record, I thought we should just make this part of the record so it's clear.
All right. Yesterday, the Defense filed and then withdrew that out-of-state subpoena request. And, Mrs. Robertson, did you send that down to the main file?
Everybody knows that. Who in this courtroom doesn't know that?
Yes. We just had our focus moved, Judge. So my point is proven.
the Defense has altered evidence to a point that we can no longer obtain it by our own means
this letter indicates that the bureau does not object to Special Agent Frederick Whitehurst testifying in this matter. Therefore, a subpoena for his presence is unnecessary.
hope springs eternal