Sidebar: scope of rebuttal

📄 Sidebar: scope of rebuttal — Thursday, September 14, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\14\SIDEBAR-SCOPE-OF-REBUTTAL.DOC

TRIAL

▲ Day 154 of 167

◀ Direct examination of Douglas Deedrick (part 1) Direct examination of Douglas Deedrick (part 2) ▶

Date: Thursday, September 14, 1995 • Utterances: 11

Marcia Clark requests permission to ask FBI fiber expert Douglas Deedrick whether his examination of the shirt and jeans could reveal what type of weapon was used, based on fabric damage. Scheck objects that this is beyond the scope of rebuttal, but Judge Ito sidesteps the dispute by telling Clark to ask Deedrick about it during the upcoming break before deciding.

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

# 2 THE COURT:

We are over at the sidebar. Miss Clark.

# 3 MS. CLARK:

I want to ask a question. I don't know what the answer is and I don't know if counsel has--counsel has been speaking to Mr. Deedrick, but I don't know if they asked him about this. I would like to ask him--well, he obviously examined the shirt in this case. He already said that. I'd like to know if in examining the shirt and jeans, he made any effort to determine what kind of weapon was used in this case based on the damage to the fabric.

# 4 MR. SCHECK:

Well, beyond the scope of rebuttal. Nobody's testified to that.

KEY QUOTE

# 5 MS. CLARK:

Well, it's not beyond the scope of rebuttal because we had testimony from Dr. Baden about the nature of the wounds and whether it was a single or double-edged knife. So it's certainly not beyond the scope. I don't know what the answer is.

# 6 MR. SCHECK:

It doesn't rebut anything that Dr. Baden said.

# 7 MS. CLARK:

I don't know--

# 8 THE COURT:

Well, we're going to be taking a recess soon. So why don't you ask him that and see.

# 9 MS. CLARK:

Ask him? Can I ask him?

# 10 THE COURT:

Ask him when we take a break. Okay.

KEY QUOTE

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

Temperature

procedural

Key Quotes (3)

Marcia Clark

I'd like to know if in examining the shirt and jeans, he made any effort to determine what kind of weapon was used in this case based on the damage to the fabric.

Clark is trying to use fiber/fabric analysis to corroborate or extend the prosecution's theory about the murder weapon — a line of inquiry that could connect physical evidence to Dr. Baden's wound testimony.

Barry Scheck

Well, beyond the scope of rebuttal. Nobody's testified to that.

Scheck's objection targets the procedural limits of rebuttal testimony — rebuttal must respond to defense evidence already introduced, not open new lines.

Lance A. Ito

Ask him when we take a break. Okay.

Ito avoids ruling on the admissibility dispute by deferring it — practical case management that lets Clark find out the answer before committing to the question.

Evidence (1)

Informal

Victim's shirt and jeans examined by Douglas Deedrick for fabric damage

discussed as potential basis for weapon-type inference

Notable Exchanges (1)

Marcia Clark•Barry Scheck

Clark wants to elicit testimony from Deedrick about weapon type based on fabric damage; Scheck argues it doesn't rebut Dr. Baden's testimony about wound nature and knife edge type. Clark counters that Baden's testimony opened the door.

strategic

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 7674 • 11 utterances

Criminal Trial

Department 103