All right. Back on the record in the Simpson matter. The Defendant is again present before the court with his counsel, Mr. Shapiro, Mr. Cochran, Mr. Bailey and Mr. Blasier. The People are represented by Mr. Hodgman, Mr. Yochelson, Mr. Darden and Miss Lewis. The jury is not present. Counsel, the record should reflect that this morning, as a continuation of a hearing that began last week, the court conducted a 1054.7 hearing with the Prosecution and I will advise Defense counsel of the following orders by the Court: As to Dr. De Forest, the court will order the disclosure of the package of photographs and notes by Dr. De Forest as they relate to the sock examinations conducted by Dr. De Forest. My understanding, Mr. Hodgman, is the photographs that you intend to turn over are the photograph that you turned over to the court for examination; is that correct?

Yes. Good morning, your Honor, and that is correct.

All right. I will give this to Mrs. Robertson for turning over to the Defense. I'm going to direct you to turn over any written materials from Dr. De Forest by the close of business today. My recollection is you indicated that those had to be numbered for discovery purposes?

Yes, your Honor. And for purposes of the record, I have turned over to Mr. Neufeld this morning an unnumbered set of notes. We will number them per our formal discovery procedures and provide a second copy later in the day.

All right. Counsel, the--where is Mr. Douglas? Mr. Douglas?

Your Honor.

Mr. Hodgman advised the court that Dr. De Forest would be testifying only to the sock or very limited avenues of inquiry. I had a concern, given the number of notes that Dr. De Forest had, that there might be some Brady materials, so Mr. Hodgman has given to me a complete set of Dr. De Forest's notes, plus the notes that he has turned over to you, so that I can compare both, and I will have to examine those over the noon hour, or perhaps this evening, to see if there is any Brady material or anything else that I think should be disclosed.

Thank you, your Honor.

So you might want to remind me of that later this week.

Your Honor, point of correction if I may. Mr. De Forest will be testifying with regard to the socks, but it is also possible he will be covering some other limited areas as well, so for the edification of the court and counsel, there may be some other areas involved.

All right. Second item was a photograph of Mr. Simpson wearing a glove and the court noted that it would allow the Prosecution to withhold discovery of this item until the investigation had been completed. I understand that that has been accomplished; is that correct?

Yes, your Honor. In essence, yes.

The photograph and notes you turned over to the court, this is the copy you intend on turning over to the Defense, correct?

Yes, your Honor.

I will likewise direct Mrs. Robertson to give this to the Defense. All right. As to Mr. Bodziak, Mr. Hodgman?

Yes, your Honor. We have indicated to the court, as well as counsel, that we do intend to call Mr. Bodziak in our rebuttal case. We have no report from Mr. Bodziak, nor do we have any reports as of yet. If and when we receive those we will turn over those over to the Defense in prompt fashion.

This is a rebuttal case. What is your offer of proof as to Mr. Bodziak?

Mr. Bodziak will be testifying with regard to his impression of some impressions and the--at the Bundy crime scene on the walkway, and in addition to--in a limited fashion to some general testimony about what one can perceive or can't perceive with regard--in crime scene photographs. And then based upon some information contained in his book, which I believe the Defense has, various limitations of what one should testify to based upon what can be deprived from photographs. So this is still being refined, your Honor. As it becomes more refined we will--and to the extent that we get notes, we will provide that to the Defense.

All right. As to Mr. Popovich, do you intend or have you made your decision as to whether or not you are going to call Mr. Popovich?

We intend to call Mr. Popovich. We have turned over notes that we have received from Mr. Popovich. At the moment the Defense has what we have and no more. To the extent that we get anything in addition from Mr. Popovich, we will turn that over as well.

All right. What is your offer of proof since it is likewise going to be a rebuttal witness? What is your offer of proof as to Mr. Popovich?

As contained in the notes that we have turned over to the Defense, Mr. Popovich's tours, if you will, of the Department of Justice crime lab, as well as the LAPD crime lab and observations of both those locations and some related testimony regarding contamination.

All right. And lastly, in response to Mr. Neufeld's question, you were going to advise Defense counsel and the court whether or not at this time you intend on calling an EDTA witness.

All right. Mr. Douglas--where did Mr. Douglas go? All right. Any other comment as to these discovery matters?

No, your Honor. Ready to proceed.

All right. All right. Anything else we need to take up before we invite the jurors to rejoin us?

Your Honor, I wonder if I may be heard briefly on behalf of Miss Bell?

Good morning, counsel. Would you identify yourself for the record.

My name is Taylor Daigneault. I am the attorney from Miss Bell. As your Honor knows from the declaration that Miss Bell provided at an earlier time there has been an intensive investigation of Miss Bell. I would like to attend this morning and--before the jury came in I would like to ask the court if I could be heard on objections concerning right of privacy and possibly attorney/client privilege. My concern, your Honor, is that the investigation of Miss Bell has been very intense, but as I have seen the things that have unfolded in this courtroom in the past few weeks, I think that her testimony is--is almost beyond question the truthful testimony, and I would like the court to give some quarter to protecting her privacy rights, if the need arises, in terms of the cross-examination or her direct examination.

All right. Counsel, I will allow you to sit inside the bar at the time that Miss Bell is being questioned and you may of course raise any--on her behalf, any attorney/client privilege objections that you might have. Issues of privacy, though, are a different question, and if you wish time to consult with your client and consult with other counsel, I will allow you leave to do so.

I haven't had an opportunity to talk with any member of the Prosecution team, so I don't know what they are going to inquire into in terms of her personal past. I do know that the telephone records were subpoenaed, the numbers were called, her social friends have been contacted. Several investigators from the District Attorney's office called her hair dresser, or so I have been advised, and I don't know what they have discovered along the way, but I would--if they are going to inquire into her personal life, she has--she has a family law file that is some twenty years old, I believe, or something close to that. I would just like some limitations into this field, especially in light of developments recently. Her testimony I think is--if your Honor would weigh these factors, I think her testimony is not all that remarkable in light of what other evidence has been submitted to the court recently.

All right. Well, the court is apprised of the issue.

Thank you, your Honor.

All right. Thank you, counsel. If you want, you can take a seat over next to Mr. Regwan over there.

Yes.

Miss Lewis, good morning.

Good morning, your Honor. A couple of brief matters. First I believe that Natalie Singer is here or available certainly to the Defense, since she has been moved to second on their witness list for this morning. The first request is that we have an opportunity to interview her, which we have not had previously. The short break that was taken Friday Mr. Darden was not able to accomplish that during the short break taken Friday, so we would request that we be permitted to interview her somewhere up in our offices or wherever is convenient.

If she is willing to be interviewed, yes.

No problem, your Honor.

We will probably take a recess between witnesses, I suspect, given our late start this morning.

That is Natalie Singer. Mr. Bailey was just inquiring. The other thing I wanted to bring to the court's attention is that the Defense has on their current witness list Kathleen Bell, then Natalie Singer, then Andrea Terry. It is my expectation, and these are Mr. Darden's witnesses so I don't mean to--but it is our expectation that we will be bringing a motion after Kathleen Bell testifies renewing in essence the motion I argued a few weeks ago with regard to the additional witnesses being cumulative. Detective Fuhrman was cross-examined with regard to Andrea Terry, and if they choose for tactical reasons to try and wedge in Miss Singer--

Well, that is an issue we need to address once we see Miss Bell.

All right. And I just want to remind the court, the court had ruled that no one else--there would be a possible issue that they be cumulative once Bell and Terry testified.

I wouldn't call it a ruling that there is a possible issue, but yes, the issue is there.

All right.

I think we discussed this ad nauseam Friday.

I heard the discussion. I wasn't present, but I did hear of it.

All right.

The only other thing I wanted to mention, your Honor, is this morning I filed a responsive brief to the Defense motion, renewed motion to suppress based on newly discovered evidence, and I have noted in the Defense line-up they anticipate reaching argument on that at some point today. And of course the court must have an opportunity to read our response before I'm sure we will be able to assess the issues and to rule on the matter, and I just wanted to alert the court that it had been filed and it had been available.

I think that is an optimistic scenario timewise. All right. Mr. Bailey, are you ready to proceed?

I am, your Honor, but first let me point out you are not being given the facts. On Friday I put on the record that Miss Singer had been inquired of as to whether she wished to be interviewed and her response was that they have known about me for six months, I have a lawyer in Nashville, I have one here who went out of town for the weekend, and they are too late. I'm not going to talk to them. Furthermore, why should I be trashed the way Kathleen Bell was? I get a call from Mr. Hodgman last night wanting to interview her. I said, you know what is in the record. I can't speak for her lawyer. She hasn't changed her mind. That was true this morning. So taking a recess to interview her, which they know full well is an imposition on a much beleaguered jury--

All right. We will take that up.

Your Honor, there will be a 402 as relates to Miss Singer. We have no specific details as to what she is going to testify to. We have no offer of proof.

Like I said, we will take this up after we finish Miss Bell. All right. Are you ready?

Yes.

All right. Deputy Magnera, let's have the jury, please.