All right. Ladies and gentlemen, we'll take our recess for the noon hour. Please remember all my admonitions to you; don't discuss the case amongst yourselves, form any opinions about the case, do not conduct any deliberations until the matter has been submitted to you or allow anybody to communicate with you with regard to the case. We'll stand in recess until 1:00 o'clock. And let me see Miss Clark and Mr. Cochran just for a moment. All right. Mr. Bodziak, you may step down.
All right. Back on the record in the Simpson matter. All parties are again present. All right. Deputy Trower, let's have the jury. I'm sorry. Mr. Kelberg.
Very quickly. Mr. Yochelson informed me that shortly before the noon hour, he came down. I'm not sure it was in direct communication with the court, but the response I got was, we had requested to allow Mr. Martz the opportunity to review the transcript of the interview with Dr. Whitehurst in order that we may ascertain his views of the allegations that are made. The allegations just for the most part do not directly pertain to anything Mr. Martz did in the Simpson case, they deal with other allegations, and that not to allow Mr. Martz the opportunity to review what these allegations are and to give us his perspective on these allegations obviously is in our judgment quite unfair for we have no idea how much of a mini trial there would have to be regarding the allegations. Separate and apart from that is, the court is probably--
The bottom line is, you are asking for an opportunity to make an additional copy of the transcript?
Well, we object. We intend to use that for impeachment and there are specific things about this case. That's just not accurate. There was a lot of discussion about this case and memos about this case. So we will be cross-examining or asking further questions of Agent Martz about his truthfulness in this case.
KEY QUOTEYour Honor, I don't think that's an accurate characterization. But whether or not I'm correct on the percentages or Mr. Blasier is, this is the equivalent in essence of an expert's report, Dr. Whitehurst's report, and--
Your Honor, the People are filing a motion for request for judicial notice that we're going to ask the court to give before we conclude today, and so at the conclusion of Mr. Bodziak's testimony--
I know. So we have some more to add to that. I'm filing that with the court now. Defense will get a copy before we conclude today. We need to be heard on that so that we can wrap it up.
There will be a request to have the court take judicial notice--this is pursuant to Henry Lee's testimony, your Honor--that the Defense never sought a court order for inspection of the socks between November 22nd on the date they were returned from DOJ and February 16th, the date that they actually did inspect them, they never sought a court order for inspection of the Bronco or complained about their access to the Bronco or never sought a court order for impressions of the crime scene or complained--
I got the flavor.
Restricted to one copy.
We intend to use that for impeachment and there are specific things about this case... we will be cross-examining or asking further questions of Agent Martz about his truthfulness in this case.
The Defense never sought a court order for inspection of the socks between November 22nd on the date they were returned from DOJ and February 16th, the date that they actually did inspect them, they never sought a court order for inspection of the Bronco or complained about their access to the Bronco...