Sims recall ruling

📄 Sims recall ruling — Wednesday, September 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\20\SIMS-RECALL-RULING.DOC

TRIAL

▲ Day 158 of 167

◀ Sidebar: PC 1538.5 motion Exhibits scheduling ▶

Date: Wednesday, September 20, 1995 • Utterances: 7

Judge Ito ruled to allow the reopening of testimony for Mr. Sims (a DNA expert), directing counsel to contact him that afternoon or evening to reinterview him on a specific issue before making a tactical decision about whether to call him again. The proceeding was extremely brief and purely procedural.

# 1 (The following proceedings were held in open court:)

# 2 THE COURT:

All right. Thank you, counsel. Is the matter submitted?

# 3 MR. SCHECK:

Yes, your Honor.

# 4 THE COURT:

All right. I will allow the reopening for Mr. Sims. I'll direct counsel to call Mr. Sims this evening or later this afternoon, reinterview him with regards to this one particular issue and make a tactical determination whether or not you still want to present that. All right. Okay. Exhibits, Mr. Douglas.

KEY QUOTE

# 5 MR. COCHRAN:

Your Honor, was the next thing to be that judicial motion of Mr. Scheck's?

# 6 THE COURT:

Okay.

# 7 MR. SCHECK:

That way I can go call Mr. Sims.

Temperature

procedural

Key Quotes (1)

Lance A. Ito

I will allow the reopening for Mr. Sims. I'll direct counsel to call Mr. Sims this evening or later this afternoon, reinterview him with regards to this one particular issue and make a tactical determination whether or not you still want to present that.

The court grants the defense the opportunity to recall their DNA expert, but frames it as a tactical choice after reinterview rather than a guaranteed presentation.

Notable Exchanges (1)

Johnnie Cochran•Lance A. Ito

Cochran checks whether Scheck's judicial motion is next on the docket, keeping the proceedings moving.

procedural

Objections

None recorded

Proceeding 7778 • 7 utterances

Criminal Trial

Department 103