Recross-examination of Herbert MacDonell

📄 Recross-examination of Herbert MacDonell — Monday, September 18, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\18\RECROSS-EXAMINATION-OF-HERBERT.DOC

TRIAL

▲ Day 156 of 167

◀ Redirect examination of Herbert MacDonell Administrative matters ▶

Witness: Prof. Herbert MacDonell
Examiner: Marcia Clark
Called by: Defense • Date: Monday, September 18, 1995 • Utterances: 13

Marcia Clark conducted a very brief recross-examination of Professor MacDonell, attempting to ask whether he had tested the gloves shown in football game photographs of OJ Simpson. The line of questioning was largely shut down by sustained objections, and Clark ended with nothing further after a brief off-record consultation with co-counsel. Judge Ito then excused the witness and dismissed the jury for the afternoon.

# 1 MS. CLARK:

One question.

RECROSS-EXAMINATION BY MS. CLARK

# 2 MS. CLARK:

Sir, you testified that you were aware of the gloves, the photographs of the Defendant in the gloves at the football games that were shown to the witnesses earlier or last week.

# 3 MR. NEUFELD:

Beyond the scope of redirect, your Honor.

# 4 THE COURT:

Overruled. With some latitude, where are we going on this?

PROF. MACDONELL: I have seen the picture.

# 5 THE COURT:

One question.

# 6 MS. CLARK:

Pardon?

PROF. MACDONELL: I have seen the pictures.

# 7 MS. CLARK:

Did you test those gloves, sir?

# 8 MR. NEUFELD:

Objection, your Honor. Your Honor, she already asked him whether he tested any other gloves.

# 9 THE COURT:

Sustained. He indicated no.

KEY QUOTE

# 10 MS. CLARK:

May I have one moment?

# 11 (Discussion held off the record between the Deputy District Attorneys.)

# 12 MS. CLARK:

Nothing further.

# 13 THE COURT:

All right. Professor, thank you very much, sir. You are excused. All right. Ladies and gentlemen, we are going to take our recess for the afternoon as far as the jury is concerned. Please remember all my admonitions to you; don't discuss the case amongst yourselves, form any opinions about the case, don't allow anybody to communicate with you. And what did I forget? I'm so sure I forgot something. In any event, have a pleasant evening except for those of you going to the dentist, and we'll see you all tomorrow morning, 9:00 o'clock. All right.

Temperature

procedural

Key Quotes (3)

Lance A. Ito

except for those of you going to the dentist

Rare moment of levity from Ito as he dismisses the jury, breaking the procedural monotony of the session's close.

Lance A. Ito

And what did I forget? I'm so sure I forgot something.

Ito acknowledging he may have omitted part of his standard admonition, humanizing the judge's routine closing instructions.

Lance A. Ito

Sustained. He indicated no.

Ito cuts off Clark's second attempt to get MacDonell on the record about glove testing, effectively ending the recross before it could develop.

Evidence (1)

Informal

Photographs of OJ Simpson wearing gloves at football games, previously shown to witnesses

discussed

Notable Exchanges (1)

Marcia Clark•Peter Neufeld•Lance A. Ito

Clark attempts to establish that MacDonell never tested the football game gloves; Neufeld objects on scope grounds (overruled), then objects again that the question had already been answered (sustained). Clark consults off-record and abandons the line entirely.

strategic

Light Moments (2)

Lance A. Ito

Ito jokes 'except for those of you going to the dentist' while dismissing the jury for the evening.

Lance A. Ito

Ito admits mid-admonition that he forgot something, then waves it off.

Witness Demeanor

(Discussion held off the record between the Deputy District Attorneys.)

Objections

2 objections (1 sustained, 1 overruled)

Proceeding 7721 • 13 utterances • Defense witness

Criminal Trial

Department 103