📄 Scheduling and witness availability — Wednesday, September 20, 1995
Address:
C:\DEPT103\CRIMINAL\1995\SEP\20\SCHEDULING-AND-WITNESS-AVAILAB.DOC
TRIAL
▲ Day 158 of 167

Scheduling and witness availability

Date: Wednesday, September 20, 1995 • Utterances: 16
The court addressed scheduling and witness availability after the defense rested conditionally. Marcia Clark argued against recalling Gary Sims to testify about sock B, contending it was irrelevant to rebuttal and that the defense had ample opportunity to address it in their case-in-chief. With key witnesses unavailable that day, the court decided to present only a stipulation regarding a syringe to the jury and recess.
1 THE COURT:

Back on the record in the Simpson matter. All right. Have we resolved our stipulation?

2 MS. CLARK:

Yes, your Honor.

3 THE COURT:

All right. Do we have any other witnesses to present--what is our scheduling expectation for the remainder of the day?

4 MS. CLARK:

If I may be heard briefly on Gary Sims, your Honor, the notes that I promised the court are here. May I also indicate to the court that I have conferred with the members of the Simpson Prosecution team and we have determined that sock B is not anything that addresses any part of the People's rebuttal case. We raised nothing in our rebuttal that would make sock B relevant on surrebuttal. Furthermore, as the court is aware, the Defense rested conditionally subject to the reservation of the Whitehurst matter. That has been resolved now. So there is no part of the Defense case in chief that is left to be explored. So we neither have a proper admission in the Defense case in chief nor on surrebuttal. Furthermore, the notes reflect that Henry Lee made extensive physical examinations of sock B in April and in February as well. His diagrams reflect that the area to which they want to direct testimony was located by him and examined microscopically by him and certainly the April examination was not hampered by any faulty or inadequate equipment. If the Defense thought this was so important, then clearly they had all of the knowledge they needed to put it into their case in chief and elected not to do so. And if I may proffer these notes to the court or would you prefer--

5 THE COURT:

No. I would like to see the notes and I would like to see the photographs, if they are available.

6 MS. CLARK:

The photographs are in counsel's possession. I don't have them.

7 THE COURT:

All right. Assuming the worse happens and I determine that Mr. Sims is subject to recall, what is his availability status, Miss Clark?

8 MR. SCHECK:

I actually called the Department of Justice laboratory in search of Mr. Sims, as the court directed me this morning, and I was informed that today is the day that he takes classes at the Berkeley campus in the extension school, I believe, and Mr. Konzack from the laboratory told me that he could not reach Mr. Sims and didn't expect him in the laboratory until sometime after 1:30.

9 MS. CLARK:

I checked on the availability of Mr. Matheson. He is at school in Sacramento until Monday, and Mr. De Forest is teaching today until 3:00 P.M. and he is teaching tomorrow, so this would require testimony next week.

10 THE COURT:

All right. Then if you will submit to me the notes from Dr. Lee, I will take a look at them over the lunch hour. All right. Then I suspect then all we have to offer the jury at this point then is a stipulation regarding the syringe. Anything else we can offer them by way of witnesses?

11 MR. COCHRAN:

I don't think so regarding the jury, your Honor. May I just indicate to the court a couple of things on the list I have here, things we might be able to do the rest of the day?

12 THE COURT:

Oh, no, we can do lots of things. There are 53 things we can do.

KEY QUOTE
13 MR. COCHRAN:

You know about them?

KEY QUOTE
14 THE COURT:

Not the least of which is instructions, motions on argument.

15 MR. COCHRAN:

Right. We are going to ask you a couple of motions we can move up to the top so some of us can start preparing, if possible. Thank you, your Honor.

16 THE COURT:

Okay. My inclination then would be to invite the jurors to join us, and as far as they are concerned, do the stipulation, then recess for the morning as far as the jurors are concerned. All right. For the day.

Temperature

procedural

Key Quotes (3)

Marcia Clark
If the Defense thought this was so important, then clearly they had all of the knowledge they needed to put it into their case in chief and elected not to do so.
Clark's core argument for excluding surrebuttal testimony on sock B — waiver by strategic choice.
Lance A. Ito
Oh, no, we can do lots of things. There are 53 things we can do.
Dry humor from the judge, signaling the trial's procedural backlog and his awareness of pending matters.
Johnnie Cochran
You know about them?
Candid moment of surprise — light exchange revealing Cochran didn't expect Ito to be so on top of the pending item list.

Evidence (3)

Informal
Sock B — the sock at issue for potential surrebuttal testimony by Gary Sims
discussed — admissibility of further testimony debated
Informal
Notes and diagrams from Henry Lee's physical examinations of sock B in February and April
submitted to court for review over lunch
Informal
Syringe — subject of a stipulation to be read to the jury
stipulation agreed upon, to be presented to jury

Notable Exchanges (2)

Marcia ClarkBarry Scheck
Clark argued sock B surrebuttal was improper; Scheck reported he was unable to locate Gary Sims, who was attending extension classes at Berkeley and not expected at the lab until after 1:30.
strategic
Lance A. ItoJohnnie Cochran
Cochran suggested moving certain motions up to help counsel prepare; Ito quipped there were 53 pending items, surprising Cochran.
light

Light Moments (1)

Lance A. Ito
Ito drily noted there were '53 things we can do,' prompting Cochran's genuine surprise: 'You know about them?'

Objections

None recorded
Proceeding 7773 • 16 utterances
Criminal Trial
Department 103
⚖️ Start
📂 SEP 20, 1995 📄 Scheduling and witness availab
SEP 20, 1995 KRT DvH TD