Exhibits scheduling

📄 Exhibits scheduling — Wednesday, September 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\20\EXHIBITS-SCHEDULING.DOC

TRIAL

▲ Day 158 of 167

◀ Sims recall ruling Motion: Henry Lee evidence notice ▶

Date: Wednesday, September 20, 1995 • Utterances: 24

Judge Ito and counsel discuss scheduling for the remaining exhibit disputes and jury instructions near the end of the civil trial. With approximately 160 total exhibits still to be litigated and 42 special jury instructions from the Defense alone, the parties cannot get through everything that afternoon and agree to handle the judicial notice motion first, then meet in chambers to schedule the rest.

# 1 MS. LEWIS:

I know we're not ready. I told the Defense we're not ready on exhibits this afternoon.

# 2 THE COURT:

Mr. Douglas, how many exhibits are there?

# 3 MR. DOUGLAS:

Your Honor, there are 130 or so of the People's exhibits that they have sought to introduce since we began our case on July the 10th and then there's a question of those exhibits that the Defense has offered since we last had that issue a few weeks ago.

# 4 THE COURT:

So how many total do we have?

# 5 MR. DOUGLAS:

Approximately 160.

# 6 THE COURT:

All right. Miss Lewis, when are you going to be ready to--

# 7 MS. LEWIS:

I'm not going to be arguing. I'll defer to Miss Clark as to when we are going to be able to argue exhibits.

# 8 THE COURT:

I assume we are going to do this the same way, that we'll sit down informally, decide which ones we are going to fight about.

KEY QUOTE

# 9 MS. CLARK:

Right. We are going to be doing jury instructions tomorrow, right?

# 10 THE COURT:

I was hoping to do it today. Looks like we're not going to make it.

# 11 MS. CLARK:

During the course of jury instructions--we have people preparing on this right now. So I'd like maybe until the afternoon break.

# 12 THE COURT:

There's a lot of you, only one of me.

KEY QUOTE

# 13 MS. CLARK:

On the exhibits?

# 14 THE COURT:

Exhibits and instructions.

# 15 MS. CLARK:

Right. I don't have a feeling for how long the jury instruction argument is going to be.

# 16 THE COURT:

Well, you've got 42 special instructions offered. So--

# 17 MS. CLARK:

Some--I think some are going to be more hard fought than others. It's really hard to gauge that. We can be prepared--we have to go through all of these exhibits. I think the ones that I have highlighted here are the ones that Mr. Douglas is objecting to.

# 18 MS. LEWIS:

That was 42 from the Defense.

# 19 THE COURT:

All right. I'll tell you what. Let's hear the motion for judicial notice, and then we'll launch in and see how far we get on the other matters.

# 20 MS. CLARK:

We don't have the Defense objections to our exhibits and I think that we had almost completed the Defense exhibits the last time around, didn't we?

# 21 THE COURT:

Just about.

# 22 MS. CLARK:

How many remaining Defense exhibits have we not litigated? Do you know, Mr. Douglas?

# 23 THE COURT:

I'll tell you what. Let's do the judicial notice issue now, and then we'll take a break, and I'll take you and Mr. Douglas back in chambers and we'll schedule this. All right.

# 24 MS. CLARK:

We need the Defense objections to ours. They only have 30. Pretty easy to handle. We knew what they object to in our exhibit list before we--

Temperature

routine

Key Quotes (3)

Lance A. Ito

There's a lot of you, only one of me.

Ito's dry acknowledgment of the workload pressure — multiple teams pressing him simultaneously on exhibits and instructions.

Carl Douglas

Approximately 160.

Establishes the sheer volume of unresolved exhibit disputes this late in the trial.

Lance A. Ito

I assume we are going to do this the same way, that we'll sit down informally, decide which ones we are going to fight about.

Reveals the court's preferred pragmatic approach to exhibit disputes — informal sorting before formal argument.

Evidence (3)

Informal

Approximately 130 People's exhibits introduced since July 10

pending admission dispute

Informal

Approximately 30 Defense exhibits with People's objections

pending admission dispute

Informal

42 special jury instructions submitted by Defense

pending argument

Notable Exchanges (1)

Lance A. Ito•Marcia Clark•Carl Douglas

Judge proposes handling the judicial notice motion immediately, then taking both sides into chambers to schedule the remaining exhibit and jury instruction battles.

procedural

Light Moments (1)

Lance A. Ito

Ito quips 'There's a lot of you, only one of me' when Clark keeps adding scheduling requests.

Objections

None recorded

Proceeding 7779 • 24 utterances

Criminal Trial

Department 103