All right. Back on the record in the Simpson matter. All parties are again present. All right. Deputy Magnera, let's have the jurors, please.
There is one thing, and the fault is mine, that I omitted from the offer of proof at least today, I think I may have mentioned it last week, and that is later on the day of the first conversation with the remarks about beating and so forth that you have excluded were used, Detective Fuhrman or Officer Fuhrman at that time made the observation that the only dead--only good "N" person is a dead "N" person and I would propose to have her testify to that. I don't think that comes anywhere close to bomb and burn them all, as the Prosecution put before the jury, and I think it is an indication of his overall attitude toward the case.
Your Honor, I recall very distinctly counsel's offer of proof when he last made it, as well as today, and he has never mentioned before, and it is very apparent that what has happened is since the court has excluded the reference to the beatings they have come up with another phrase that will be inflammatory along these lines. The court has ruled that the reference to the use of the word, that all that can be used. That is a great deal that counsel has been given. And to now heap more on because the court has ruled that other references could not come in, is unfair and I think highly suspect and I would urge the court not to allow these belated observations of Miss Singer.
If it please the court, Miss Clark's perennially professionally insulting conduct adds nothing to this trial. This woman told me--
Excuse me. Counsel, counsel, counsel, counsel, please, if you are going to complain about somebody else's conduct, I suggest you not engage in that yourself. I will hear your argument.
My argument is that we have just been charged with concocting a fabrication in response to the court's limiting ruling. I personally interviewed this witness in Nashville on May 2nd, 1995, and was told about the remarks I have just recited at that time. This witness was interviewed in Mr. Cochran's office by a number of lawyers and we were told about the remark. I simply omitted it because I was focusing on the beating aspect of it and the fault is mine, but to suggest that lawyers are making up evidence to frustrate your ruling requires something more than a nasty attitude. I think you ought to require an offer of proof before you tolerate conduct of that sort in this trial any further.
I would like to show counsel the fact--no, it is very easy. There is no discovery. We have no statement, we have nothing ever given to us by counsel that would indicate what Miss Singer said. There has been no offer of proof to date given to this court in which that phrase was represented as part of the offer. Today for the very first time, after the court's ruling, counsel comes up with it and now asserts to the court that that was something that had been said before. Now, if counsel had made an effort to comply with discovery, had made a good faith to give us a prior statement issued by Miss Singer, and I do not fault Miss Singer for this, I do fault counsel, however, then he would stand in a better posture before this court. But to come before this court now and represent, having given us no discovery, no statement from Miss Singer at all, that she said this all along, and yet he forgot to say it until this very moment, is something that should be considered by the court. If nothing else, counsel obviously didn't think it all that important if he did not include it any prior offer, which he did not; if did he not seek to tell us about it at any prior occasion, which he did not; if he included it in no discovery of any notes made by any investigator, which he did not. And if that is contained in notes somewhere, then we were entitled to discovery and we didn't get it under the discovery rules and laws under 1054, et seq. And I would urge the court to suppress it on those grounds as well.
And let me also indicate to the court that it's another highly inflammatory statement that adds nothing to the evidence of racial bias other than to seek to inflame the passions of the jury again improperly.
I am concerned about any investigator's reports, any notations as to interviews of Miss Singer that haven't been turned over.
Your Honor, investigator's notes have been turned over. No report has been written. No one was present with me when I talked with the witness.
Your Honor, the lawyers are out now interviewing. We have three or four witnesses and can I--may I tell you that in a moment?
Mr. Douglas, Mr. Shapiro have been doing that. I can let the court know that very shortly.
Detective Fuhrman or Officer Fuhrman at that time made the observation that the only dead--only good 'N' person is a dead 'N' person and I would propose to have her testify to that.
It is very apparent that what has happened is since the court has excluded the reference to the beatings they have come up with another phrase that will be inflammatory along these lines.
I personally interviewed this witness in Nashville on May 2nd, 1995, and was told about the remarks I have just recited at that time... I simply omitted it because I was focusing on the beating aspect of it and the fault is mine.
Counsel, if you are going to complain about somebody else's conduct, I suggest you not engage in that yourself.