In chambers: testimony scope

📄 In chambers: testimony scope — Monday, September 18, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\18\IN-CHAMBERS-TESTIMONY-SCOPE.DOC

TRIAL

▲ Day 156 of 167

◀ Scheduling recess Jury returns; witness sworn ▶

Date: Monday, September 18, 1995 • Utterances: 41

A brief pre-jury in-chambers discussion about the scope of Herbert MacDonell's upcoming testimony. Clark sought a 402 hearing to limit MacDonell to the specific glove experiment he conducted, clarifying he had only tested the Aris leather light gloves provided by Rubin — not the evidence gloves or football game photographs. The court confirmed MacDonell's testimony would be confined to his experiment.

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

# 2 THE COURT:

All right. Back on the record in the Simpson matter. All parties are again present. All right. Are we ready to proceed?

# 3 MR. COCHRAN:

Yes.

# 4 MS. CLARK:

Yes. I'll be needing a slight break between cross, and thank you, your Honor.

# 5 THE COURT:

All right. Deputy Trower, let's have the jurors, please.

# 6 MS. CLARK:

And, your Honor, I apologize for the delay. It was difficult to locate all these materials because--

# 7 THE COURT:

I understand. Not to worry today.

# 8 MS. CLARK:

Your Honor, I'm sorry. Your Honor, I wanted to propose a brief 402 with Mr. MacDonell concerning the experiment he conducted here, and that would be with respect to the gloves that he performed the experiment on. The discovery I have pertains to an experiment done on Thinsulate gloves. None of my discovery shows the performance of the experiment on the Aris light gloves. All I have is a clear--

# 9 THE COURT:

Deputy Trower, hold the jury. I'm sorry. I thought we were talking about Aris leather lights. Hold them for just a second. As my recollection--

# 10 MR. NEUFELD:

Your recollection is 100 percent correct, no. 1. No. 2, they received complete discovery including photographs of the actual experiment conducted by Professor MacDonell. They received the notes of the experiment conducted by Professor MacDonell and the report of the experiment conducted by Professor MacDonell and it was absolutely unambiguous it was the Aris Isotoner light gloves furnished by Mr. Rubin.

# 11 THE COURT:

Leather light.

# 12 MR. NEUFELD:

Leather light.

# 13 THE COURT:

I think as soon as you throw in Isotoner, you get into synthetic materials. The Aris leather lights were all natural materials with exception of the thread.

# 14 MR. NEUFELD:

I will refer to them as that way.

# 15 THE COURT:

Thinsulate is the synthetic insulation material.

# 16 MS. CLARK:

Additionally, your Honor, I wanted to do a brief 402, question Professor MacDonell outside the presence of the jury to determine what other gloves for preparation of his testimony in this case he examined or tested and whether or not he tested the gloves depicted in the photographs that we've shown to Mr. Rubin during our rebuttal case--I'm sorry--the People's case.

# 17 THE COURT:

Mr. Neufeld, any other gloves he tested?

# 18 MR. NEUFELD:

The only gloves experiments were conducted on are the gloves that were provided by Mr. Rubin period. That's it.

# 19 MS. CLARK:

And does Mr. MacDonell intend to testify in any manner to the gloves that are depicted in the photographs shown to Mr. Rubin?

# 20 MR. NEUFELD:

He hasn't done any experiment on that.

# 21 THE COURT:

You mean the evidence gloves?

# 22 MS. CLARK:

Correct.

# 23 THE COURT:

All right. I don't think he's done--those have not been taken out of evidence for that purpose I believe.

# 24 MS. CLARK:

No. I mean photographs shown Mr. Rubin as well as the ones that we presented most recently at the football games.

# 25 MR. NEUFELD:

I think I've made it very clear the extent of his testimony, your Honor.

# 26 THE COURT:

I think so. I've already ruled on this--

# 27 MS. CLARK:

Okay.

# 28 THE COURT:

--previously.

# 29 MS. CLARK:

Is Mr. MacDonell going to testify in any manner to the location of the gloves shown in the football game photographs or their condition or their fit or anything like that?

KEY QUOTE

# 30 THE COURT:

No. I think the offer was the experiment.

# 31 MS. CLARK:

If that's the indication, then may I ask that the court order Mr. MacDonell to offer no explanation or no testimony pertaining to the whereabouts of the gloves in the photographs?

# 32 THE COURT:

Well--

# 33 MS. CLARK:

Because it would be hearsay.

# 34 THE COURT:

We are talking about experiment with regards to the Aris leather lights, correct?

# 35 MR. NEUFELD:

He's providing expert testimony. He's not providing lay testimony about other matters.

# 36 THE COURT:

All right. Thank you. Deputy Trower. And who do you have after MacDonell?

# 37 MR. COCHRAN:

Police officer by the name of Sherry Ray.

# 38 MS. CLARK:

We're going to need a hearing on that one, your Honor.

# 39 MR. COCHRAN:

Your Honor asked me a question.

# 40 THE COURT:

I just asked a question.

# 41 MR. COCHRAN:

I'm just responding to you.

Temperature

procedural

Key Quotes (3)

Peter Neufeld

They received complete discovery including photographs of the actual experiment conducted by Professor MacDonell. They received the notes of the experiment conducted by Professor MacDonell and the report of the experiment conducted by Professor MacDonell and it was absolutely unambiguous it was the Aris Isotoner light gloves furnished by Mr. Rubin.

Neufeld pushes back hard on Clark's discovery confusion, asserting full disclosure was provided.

Marcia Clark

Is Mr. MacDonell going to testify in any manner to the location of the gloves shown in the football game photographs or their condition or their fit or anything like that?

Clark tries to preemptively box in MacDonell's testimony to prevent him from opining on glove fit using old photographs.

Lance A. Ito

I think Isotoner, you get into synthetic materials. The Aris leather lights were all natural materials with exception of the thread.

Ito demonstrates his familiarity with the glove evidence details, correcting Neufeld's terminology on the record.

Evidence (3)

Informal

Aris leather light gloves — the gloves MacDonell conducted his shrinkage experiment on, provided by Richard Rubin

discussed

Informal

Photographs of MacDonell's glove experiment, including notes and report

discussed as discovery materials

Informal

Football game photographs showing OJ wearing gloves

discussed — Clark sought to exclude MacDonell from testifying about them

Notable Exchanges (2)

Marcia Clark•Peter Neufeld•Lance A. Ito

Clark raised a discovery concern claiming she only had records of experiments on Thinsulate gloves, not Aris leather lights. Neufeld corrected her firmly, and Ito confirmed his own recollection matched Neufeld's.

strategic

Marcia Clark•Lance A. Ito

Clark asked the court to order MacDonell to avoid testifying about glove locations in football photographs. Ito essentially declined, noting MacDonell's testimony was scoped to the experiment.

procedural

Light Moments (1)

Johnnie Cochran

Cochran notes he was just answering the judge's question after Clark says they'll need a hearing on the next witness, Sherry Ray — mild courtroom banter about who started it.

Objections

None recorded

Proceeding 7723 • 41 utterances

Criminal Trial

Department 103