Exhibit preview and verdict form

📄 Exhibit preview and verdict form — Friday, September 29, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\29\EXHIBIT-PREVIEW-AND-VERDICT-FO.DOC

TRIAL

▲ Day 164 of 167

◀ Morning session opening Rebuttal closing argument — Christopher Darden ▶

Date: Friday, September 29, 1995 • Utterances: 87

Before bringing the jury in, the court and counsel previewed prosecution visual aids — two exhibit boards (including a 'Reliability of DNA results board') and approximately ten slides — to give the defense an opportunity to review new materials. Judge Ito also briefly raised the format of the verdict forms, asking the prosecution to weigh in on whether a single form or multiple-version form should be used.

# 1 MR. COCHRAN:

Wednesday, I believe, your Honor.

# 2 THE COURT:

Wednesday, the 4th, and concluding early on Tuesday, and that will be in effect for that date as well. All right. Anything else we need to take up?

# 3 MR. COCHRAN:

Your Honor, Judge--

# 4 THE COURT:

Deputy Smith, let's have the jurors, please.

# 5 THE COURT:

All right. We are about to clear the courtroom.

# 6 MR. COCHRAN:

Your Honor, Miss Clark was just showing us some boards they have, some new boards we have not seen when your Honor came out, and we just started looking at the first one. May we have a few minutes to see the boards?

# 7 THE COURT:

How many do you have, Miss Clark?

# 8 MS. CLARK:

Just two boards, your Honor, and slides.

# 9 MR. COCHRAN:

And if there are any graphs, we would like to see those also.

# 10 THE COURT:

All right. Let's see the boards.

# 11 MS. CLARK:

This one they have seen, (Indicating).

# 12 THE COURT:

All right.

# 13 MR. SCHECK:

I just have one question about that, Marcia.

# 14 THE COURT:

All right. Counsel, this is going to be a discussion on the record, not amongst ourselves here, all right?

# 15 MR. SCHECK:

I'm sorry.

# 16 (Brief pause.)

# 17 MS. CLARK:

Can you see this, your Honor?

# 18 THE COURT:

I have seen it.

# 19 MS. CLARK:

Okay.

# 20 THE COURT:

Let's see the peels. Very nice.

KEY QUOTE

# 21 (Brief pause.)

# 22 THE COURT:

How much does that weigh, Mr. Fairtlough?

# 23 MR. FAIRTLOUGH:

Pardon me?

# 24 THE COURT:

How much does that weigh?

# 25 MR. FAIRTLOUGH:

I'm not too sure, but it definitely gives you a workout.

KEY QUOTE

# 26 MS. CLARK:

I don't even try.

# 27 (Brief pause.)

# 28 THE COURT:

All right. Miss Clark, why don't you let Mr. Fairtlough do this and let's look at the other board.

# 29 MS. CLARK:

Your Honor, let me do this and he can do the slide prep.

# 30 THE COURT:

All right. Counsel, let's look at the "Reliability of DNA results board."

# 31 MS. CLARK:

I thought they did.

# 32 (Brief pause.)

# 33 THE COURT:

And Miss Clark, how many slides do you have?

# 34 MS. CLARK:

Let me count, your Honor.

# 35 THE COURT:

Roughly.

# 36 MS. CLARK:

Ten.

# 37 THE COURT:

Okay. And everything else is either in evidence or previously used, correct?

# 38 MS. CLARK:

Correct.

# 39 (Discussion held off the record between Defense counsel.)

# 40 (Discussion held off the record between Deputy District Attorney and Defense counsel.)

# 41 THE COURT:

All right. Do you have copies of those for the court so I can review it?

# 42 MS. CLARK:

Your Honor, I'm sorry, I meant to make copies last night.

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

# 44 MS. CLARK:

Yes.

# 45 THE COURT:

All right. Mr. Fairtlough, are we ready to preview the slides?

# 46 MR. FAIRTLOUGH:

Yes, your Honor.

# 47 THE COURT:

All right.

# 48 (The slides were displayed for the court and counsel.)

# 49 THE COURT:

All right. Next.

# 50 MR. COCHRAN:

Judge, could we hold on one second.

# 51 (Brief pause.)

# 52 THE COURT:

Next.

# 53 (The slides were displayed for the court and counsel.)

# 54 THE COURT:

Next.

# 55 (The slides were displayed for the court and counsel.)

# 56 THE COURT:

Next.

# 57 (The slides were displayed for the court and counsel.)

# 58 THE COURT:

Next.

# 59 (The slides were displayed for the court and counsel.)

# 60 THE COURT:

Next.

# 61 (The slides were displayed for the court and counsel.)

# 62 THE COURT:

Next.

# 63 (The slides were displayed for the court and counsel.)

# 64 THE COURT:

Next.

# 65 (The slides were displayed for the court and counsel.)

# 66 THE COURT:

Next.

# 67 (The slides were displayed for the court and counsel.)

# 68 THE COURT:

Next.

# 69 (The slides were displayed for the court and counsel.)

# 70 THE COURT:

Next.

# 71 (The slides were displayed for the court and counsel.)

# 72 THE COURT:

Next.

# 73 MR. FAIRTLOUGH:

That's it, your Honor.

# 74 THE COURT:

All right. Any other comments?

# 75 MR. COCHRAN:

Is that everything, your Honor? Everything we haven't seen?

# 76 THE COURT:

That is it. All right. Deputy Smith, let's have the jurors, please. I'm sorry, let's clear this and then we will have the jurors.

# 77 MR. FAIRTLOUGH:

Yes, your Honor.

# 78 (Brief pause.)

# 79 THE COURT:

Miss Clark, the Defense is asking for the single version--you have two versions of verdict forms.

# 80 MS. CLARK:

I haven't had a chance to look at them.

# 81 THE COURT:

All right.

# 82 MS. CLARK:

But I will do it at lunch, okay?

# 83 THE COURT:

All right. The issue being do you want the multiple forms, first, second, not guilty, or do you want just one verdict form, yes, no, circle the result?

KEY QUOTE

# 84 MS. CLARK:

Okay.

# 85 THE COURT:

That is the issue.

# 86 MS. CLARK:

Okay. That is it.

# 87 (Brief pause.)

Temperature

routine

Key Quotes (3)

Lance A. Ito

Let's see the peels. Very nice.

Ito's dry, understated reaction to the prosecution's presentation boards — one of the few lighter moments in an otherwise administrative session.

Mr. Fairtlough

I'm not too sure, but it definitely gives you a workout.

Fairtlough's offhand response to the judge asking how much the board weighs — breaks the formality briefly.

Lance A. Ito

The issue being do you want the multiple forms, first, second, not guilty, or do you want just one verdict form, yes, no, circle the result?

Reveals the practical mechanics of verdict deliberation being worked out at the tail end of closing arguments.

Evidence (3)

Informal

Exhibit board — previously seen by defense

previewed

Informal

'Reliability of DNA results' exhibit board

previewed

Informal

Approximately ten prosecution slides

previewed for court and counsel

Notable Exchanges (2)

Lance A. Ito•Marcia Clark

Ito raises the verdict form issue — single form versus multiple-version forms — and Clark says she'll review it at lunch.

procedural

Barry Scheck•Lance A. Ito

Scheck starts to address Clark directly about an exhibit and Ito cuts him off, reminding counsel all discussion must be on the record.

procedural

Light Moments (1)

Mr. Fairtlough, Marcia Clark

Judge Ito asks how much the exhibit board weighs; Fairtlough says he's not sure but 'it definitely gives you a workout'; Clark adds 'I don't even try.'

Objections

None recorded

Proceeding 7877 • 87 utterances

Criminal Trial

Department 103