Morning session opening

📄 Morning session opening — Thursday, September 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\21\MORNING-SESSION-OPENING.DOC

TRIAL

▲ Day 159 of 167

◀ Remaining litigation matters Jury instructions (part 1) ▶

Date: Thursday, September 21, 1995 • Utterances: 18

Judge Ito called a brief session outside the jury's presence to confirm that the Defense would not recall DNA expert Gary Sims, and that both sides were prepared to rest their cases. The court scheduled jury instructions for the following morning at 10:00, with the formal resting before the jury to occur at that same session.

# 1 (Appearances as heretofore noted.)

# 2 (Janet M. Moxham, CSR no. 4855, official reporter.)

# 3 (Christine M. Olson, CSR no. 2378, official reporter.)

# 4 (The following proceedings were held in open court, out of the presence of the jury:)

# 5 THE COURT:

All right. Back on the record in the Simpson matter. The record should reflect the Defendant is present with his counsel, Mr. Douglas, Mr. Uelmen and Mr. Blasier, People represented by Mr. Kelberg, Mr. Hodgman and Miss Clark. The jury is not present. Counsel, I understand that the Defense has examined its posture regarding recalling Gary Sims, and a determination has been made to not call Mr. Sims. Is that correct, Mr. Douglas?

# 6 MR. DOUGLAS:

That's correct.

# 7 THE COURT:

For all intents and purposes, at this point, both sides will call no further witnesses, both sides will formally rest before the jury the next time they are present, correct?

KEY QUOTE

# 8 MR. KELBERG:

Yes.

# 9 THE COURT:

I see nods from both sides.

# 10 MR. DOUGLAS:

Yes, your Honor.

# 11 THE COURT:

My inclination then is to proceed with the two remaining matters, which are jury instructions and exhibit admissions and otherwise and schedule the jury instruction for tomorrow at 10:00 o'clock, and we will proceed then by having both sides formally rest before the jury. Does that sound appropriate? Both sides seem to indicate yes. Mr. Kelberg?

# 12 MR. KELBERG:

Yes, your Honor.

# 13 THE COURT:

Mr. Douglas? Rather than bring the jury back today just for the purpose of resting.

# 14 MR. DOUGLAS:

I would rather do it tomorrow than today, your Honor. Yes.

KEY QUOTE

# 15 THE COURT:

Is that agreeable to the People?

# 16 MR. KELBERG:

It certainly is, your Honor.

# 17 THE COURT:

Then, Deputy Trower, would you notify the other bailiffs that the jury will not be summoned today; however, we will need them for tomorrow morning at 10:00 o'clock.

# 18 DEPUTY TROWER:

Yes, your Honor.

Temperature

routine

Key Quotes (2)

Lance A. Ito

For all intents and purposes, at this point, both sides will call no further witnesses, both sides will formally rest before the jury the next time they are present, correct?

Marks the effective end of witness testimony in the trial.

Carl Douglas

I would rather do it tomorrow than today, your Honor. Yes.

Defense confirms agreement to defer the formal resting to the next session.

Notable Exchanges (1)

Lance A. Ito•Carl Douglas

Judge confirms Defense decision not to recall Gary Sims, effectively closing the evidentiary phase.

procedural

Objections

None recorded

Proceeding 7796 • 18 utterances

Criminal Trial

Department 103