All right. Good morning, counsel. Back on the record in the Simpson matter. Mr. Simpson is again present before the court with counsel, Mr. Shapiro, Mr. Douglas, Mr. Blasier, Mr. Neufeld, Mr. Scheck, People are represented by Miss Clark, Mr. Darden and Mr. Goldberg. Good morning, counsel.
Yes, your Honor. I have him here. I'm ready to go and I'll conclude I believe in half an hour with direct. I wanted to raise with the court the issue of the Stockdale tape. I had a conversation with Mr. Shapiro this morning. He was very helpful in explaining to me the circumstances of the Stockdale tape. I have in my possession now from Mr. Shapiro a copy of the affidavits filed under 1054.7 with the court. I haven't had a chance to read them, but counsel already told me what's in them. It is the bottom line that the tape is no longer in existence. The issue then now to be litigated is what is the remedy for the People. Miss Stockdale is not an adequate substitute for the tape itself, which would be--
All right. I think if you peruse the affidavits--my recollection from my last reading of them was that there is a transcript that was prepared.
Right. That's not going to--that will not satisfy--what the People wanted from the tape is the Defendant's demeanor, his tone of voice, how he sounded. The words are almost irrelevant to what is more important to us, which is the sound of the voice, the tone and the demeanor of the voice, and that's why Miss Stockdale herself, even if she could give us a verbatim memory of the words, would be inadequate. We need--we needed to hear and let the jury hear his voice, and we cannot do that. So, I mean, that's the issue to be framed. I assume--
Yes. And that's exactly what I was going to say, your Honor. Why don't we just get started and calendar this argument for some future time not too long in the future.
All right. Thank you, counsel. Because if it appears that if we're going to finish with Mr. Bodziak today, my understanding, Miss Clark, is that that is the last major witness you intend on offering in rebuttal; is that correct?
All right. Then we may have some additional time in the court day then to discuss those other issues. Also, as a matter of planning for scheduling, counsel, I've received requests from the interested parties regarding the Jewish holidays that are upcoming later in this month, and as soon as I determine certain sundown times, we'll--I'll issue a modified schedule as far as that's concerned. And I think we need to set the record straight about our conversations in chambers yesterday at the conclusion of the court day concerning the concerns that one of our jurors had about her financial situation as it was impacted by jury service, and that has been concluded successfully to her satisfaction without the necessity of the expenditure of any county funds. So that is a non-issue at this point.
Is the court already in possession of the memo from Mr. Whitehurst and the transcript that Mr. Neufeld provided us with of Mr. Whitehurst?
Okay. I had copies brought down to furnish to the court. Mr. Blasier and I discussed the fact that it would be more expeditious if we could give this to the court to let it begin reading even in advance of the interview scheduled for tomorrow.
All right. I have the memo. I don't believe I have the--was given a copy of the four page per page transcript. I think we copied it, but I don't think I had a copy of it.
There was an order by the court, both sides, not to copy these documents. At this point, they seem to be widely disseminated. I wonder if we could have some relief from that so other members of both sides can be more conveniently--
All right. It appears that that is being publicly disseminated in the news media. So I have no objection to counsel making whatever copies they feel it necessary to make preparations for the argument.
May I ask that the court order us to furnish a copy to the court and to each other so that we're all--in view of the fact that there may be some litigation by some party, I don't even know who, I would appreciate it if the court would issue an order indicating that we should furnish to you copies of the transcript and the memo and to share those copies with each other.
All right. Well, that's--it's been offered to the court. There's been no objection. So I--
Mr. Yochelson reminds me that the court did order it in chambers, to furnish copies to the court of those items.
I think of the memo. I don't believe of the transcript. Because in my pile of documents that I have on this issue, it does not include this transcript. But to my recollection, it was presented to the court in chambers. I directed my staff to make photocopies for the parties, but we did not keep one. All right. I will now put this in my stack of materials on that pile. All right.
Thank you, Mr. Yochelson. Mr. Goldberg, anything we need to take up before we conclude with Mr. Bodziak?
We're trying to find one of the Defense exhibits, 1337-A we believe it is. May we have permission to look for that after the jury comes in by having Miss Martinez go into the hallway and check--
Oh, okay. Sorry. Mr. Scheck had that. Okay. And can we also have permission to go back to put our magnetic boards together in preparation for Miss Clark's continuing direct examination after the jury comes in?
No. I understand that. Why don't we just bring it out now so that we don't have to be schlepping these things back and forth all day. Why don't we just get the exhibits out that we're going to use.
One other issue about that. I was looking through the exhibits. It's my distinct recollection that out of all the different videotapes that the People had initially proffered when Dr. Lee was cross-examined, there was only one that they showed, and that was of the two uniformed officers breaking down the crime scene and walking through the initial area. And my distinct recollection, that was shown to the jury, and Dr. Lee was then asked if the imprints from those--the shoes of those officers could have accounted for 1337-A. And we can't--when we look at the exhibit list, it's not distinctly noted because I think it came off a previously marked exhibit from the People or in fact I think that Mr. Fairtlough had played it off the laser disk. So I was wondering if they could get that because I would like to use it.
I don't think it was played off the laser disk. My recollection, it was videotape because the quality was bad and it was jumping on my monitor. So I think it's videotape.
Mr. Harris recalls it coming off the laser disk, and that's why we can't locate it as a separate exhibit. It wasn't marked. So I was wondering if they could find that because I would like to play that.
On the--during your cross-examination of Dr. Lee, you played the videotape which shows the two officers winding up the crime scene tape and walking down the walkway. Then you used that to cross-examine regarding the source of possible other footprints, correct?
We also have other videotape that we'd like to show, the one, if you recall, that showed--I believe it was hard copy, filmed by hard copy of the Bundy area and--
Was it American Journal? That's shone in through the window of the living room of Miss Brown with the candles still burning. Remember that? So I would like to show that snippet as well.
All right. There's 101. All right. Mr. Yochelson, would you give that to Mr. Harris, and you can preview that to see if that's the tape you're looking for. All right. Anything else before we invite the jury to join us? Miss Clark?
All right. And one further note before we get started today. Counsel, I would recommend that you each, each side get copies of rule 5120, rules of professional conduct, which will become in effect October the 1st, regards out of court statements by counsel in a pending case. I recommend you read that carefully. All right. Let's have the jurors, Deputy Magnera.
What the People wanted from the tape is the Defendant's demeanor, his tone of voice, how he sounded. The words are almost irrelevant to what is more important to us, which is the sound of the voice, the tone and the demeanor of the voice.
I'm just sort of anxious to get started this morning.
I would recommend that you each, each side get copies of rule 5120, rules of professional conduct, which will become in effect October the 1st, regards out of court statements by counsel in a pending case. I recommend you read that carefully.
I don't think we have to be schlepping these things back and forth all day.