Motion: judicial notice

📄 Motion: judicial notice — Monday, September 18, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\18\MOTION-JUDICIAL-NOTICE.DOC

TRIAL

▲ Day 156 of 167

◀ Jury instructions Motion: MacDonell surrebuttal admissibility ▶

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

The court takes up a permissive judicial notice request submitted by the prosecution. Defense counsel Scheck objects that he received the document only minutes before the hearing and cannot accurately respond to its transcript citations without time to check the record. Judge Ito continues the matter to 9:00 the following morning.

# 1 MS. CLARK:

Do you have it, Judge?

# 2 THE COURT:

All right. I have a request for--a permissive request for judicial notice. Miss Clark.

# 3 MS. CLARK:

Yes, your Honor. As we've indicated--

# 4 MR. SCHECK:

Your Honor, if I may, just to maybe short-circuit this, we just received this. It contains transcript cites. We have to search the record to check the dates. We are not prepared to respond to this at this time.

# 5 THE COURT:

When you say you've just received this--

# 6 MR. SCHECK:

I mean, I just received this.

# 7 MR. COCHRAN:

This afternoon, a short time ago.

# 8 THE COURT:

Five minutes ago? 20 minutes ago?

# 9 MR. COCHRAN:

I don't know when we first got it. It was today. He just got it now.

# 10 MR. SCHECK:

I mean, this is--

# 11 THE COURT:

Five minutes ago? 20 minutes ago?

# 12 MR. SCHECK:

Well, I saw this two minutes ago.

KEY QUOTE

# 13 THE COURT:

All right.

# 14 MR. SCHECK:

And it's my job to respond to it. I'm not prepared to do it and because it has citations that I have to check and there's a long record here, there's numerous applications going back and forth, I have to check the date of who had access to the socks, when and what the order was. I think Dr. Lee's testimony speaks for itself as to what he knew and what he did. If they want to call other witnesses about something else, they can. But the point is that I'm not prepared to argue this at this time and accurately cite to the record and it's not fair to ask me to do so.

# 15 THE COURT:

When will you be prepared to do so?

# 16 MR. SCHECK:

Tomorrow.

# 17 THE COURT:

9:00 o'clock. It does contain citations to the record.

# 18 MS. CLARK:

It does, it's true. We have a lot else we can do anyway, so--

KEY QUOTE

Temperature

procedural

Key Quotes (3)

Barry Scheck

Well, I saw this two minutes ago.

Establishes the core complaint — the defense had virtually no time to review a document requiring record research before being asked to argue it.

Barry Scheck

I have to check the date of who had access to the socks, when and what the order was.

Reveals the subject matter: the judicial notice request concerns the chain of custody and access to the socks — a key evidence-handling dispute.

Marcia Clark

It does, it's true. We have a lot else we can do anyway, so--

Prosecution concedes the citations exist and accepts the continuance without protest, suggesting no urgency on their end.

Evidence (1)

Informal

The socks — specifically who had access to them, when, and under what court order

discussed indirectly as the subject of the judicial notice request

Notable Exchanges (1)

Lance A. Ito•Barry Scheck•Johnnie Cochran

Judge repeatedly presses for exactly how recently the defense received the document ('Five minutes ago? 20 minutes ago?'), with Cochran and Scheck giving imprecise answers before Scheck lands on 'two minutes ago.'

mildly pointed

Objections

None recorded

Proceeding 7733 • 18 utterances

Criminal Trial

Department 103