Sidebar: photograph exhibits

📄 Sidebar: photograph exhibits — Tuesday, September 5, 1995

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C:\DEPT103\CRIMINAL\1995\SEP\5\SIDEBAR-PHOTOGRAPH-EXHIBITS.DOC

TRIAL

▲ Day 147 of 167

◀ Cross-examination of William Blasini (part 1) Cross-examination of William Blasini (part 2) ▶

Date: Tuesday, September 5, 1995 • Utterances: 15

Cochran objected at sidebar to enlarged, magnetized photographs of the Bronco console and door that the prosecution was about to use with a witness, arguing the defense had never seen them in blown-up form. Clark explained they were LAPD enlargements of previously disclosed photographs mounted on magnets for a magnetized display board, intended to show stain comparisons between June 14th and September 1st. Ito personally examined all four photographs and overruled the objection, finding them to be ordinary enlargements of previously seen photos.

# 1 (The following proceedings were held at the bench:)

# 2 THE COURT:

All right. We're over at the sidebar. Mr. Cochran, what's your objection?

# 3 MR. COCHRAN:

Yes. When we asked the question if these were Bodziak or FBI enhanced photographs, we never got a straight answer. This is an exhibit they're trying to create apparently. We haven't seen these photographs. They seem to be enhanced or blown up apparently. I don't think they've been marked before. We have a right to ask about them, your Honor.

# 4 THE COURT:

Miss Clark.

# 5 MS. CLARK:

Excuse me, your Honor. Let me take a deep breath here. I just want to get this thing going. These are photographs that have been previously marked on other exhibits. They're not new to the Defense. They were--we took blow-ups and put magnets on them for the purpose of putting them on a magnetized board with the witness to show the similarity of stains between June 14th and September 1st. That's all.

All of these photographs have been turned over. They've been marked before in previous exhibits. I don't know whether these are Bodziak enhanced. I sincerely doubt it because this does not involve Bodziak's testimony. He enhanced photographs that had to do with shoeprints.

# 6 THE COURT:

You are handing me four very heavy magnetized photographs.

KEY QUOTE

# 7 MS. CLARK:

Right.

# 8 THE COURT:

The first one appears to be a photograph of the console.

# 9 MS. CLARK:

These are LAPD blow-ups with magnets stuck on the back.

# 10 THE COURT:

These appear to be L.A.--first one is the console out on brown wrapping paper at SID. Second one appears to be the console still in the car with garage door opener still in the console. Third one appears to be the door, but I think the door has probably been removed from the car at this point, and the fourth one appears to be--excuse me. That was the last one, was of the driver's door. This appears also to be the driver's door. And, counsel, I don't see anything that appears to be enhanced by these other than the fact they're blow-ups. There's nothing--

# 11 MS. CLARK:

These are not Bodziak's photographs.

# 12 MR. COCHRAN:

We had never seen these in this blown-up condition, your Honor. The representation was, these are all the same photos. These are not the same photos. They are at least enhanced or at least blown up by LAPD. We have never seen them before, so we have an absolute right to ask questions.

# 13 THE COURT:

You have the right to ask questions, but I've seen these photographs before.

# 14 MR. COCHRAN:

We have never seen them that large and in this condition.

KEY QUOTE

# 15 THE COURT:

They are enlargements, but you have the photographs. Nothing unusual about this. All read. Proceed.

KEY QUOTE

Temperature

procedural

Key Quotes (4)

Marcia Clark

Let me take a deep breath here. I just want to get this thing going. These are photographs that have been previously marked on other exhibits. They're not new to the Defense.

Clark's visible exasperation signals how routine she viewed the objection; the 'deep breath' undercuts Cochran's framing of novelty.

Lance A. Ito

You are handing me four very heavy magnetized photographs.

Ito takes the unusual step of personally inspecting each photo and narrating what he sees — his hands-on review drives the ruling.

Johnnie Cochran

We have never seen them that large and in this condition.

Cochran's core argument: enlargement itself constitutes a material change requiring disclosure, even if the underlying image was produced.

Lance A. Ito

They are enlargements, but you have the photographs. Nothing unusual about this. All read. Proceed.

Crisp, unambiguous overruling — Ito distinguishes format from substance and ends the dispute.

Evidence (4)

Informal

Blow-up photograph of Bronco center console on brown wrapping paper at SID

examined by judge, disputed by defense

Informal

Blow-up photograph of Bronco console still in the car with garage door opener visible

examined by judge, disputed by defense

Informal

Blow-up photograph of the Bronco driver's door (removed from car)

examined by judge, disputed by defense

Informal

Second blow-up photograph of the Bronco driver's door

examined by judge, disputed by defense

Notable Exchanges (2)

Lance A. Ito•Marcia Clark•Johnnie Cochran

Ito physically takes and examines all four heavy magnetized photos one by one, narrating each aloud, before ruling them unenhanced enlargements and ordering proceedings to continue.

methodical

Marcia Clark•Johnnie Cochran

Clark distinguishes Bodziak FBI-enhanced shoeprint photos from these LAPD blow-ups; Cochran conflated the two types of enhancement to bolster his objection.

strategic

Light Moments (1)

Lance A. Ito

Ito drily notes 'You are handing me four very heavy magnetized photographs' — a matter-of-fact observation that doubles as mild complaint about the physical burden of judging.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 7511 • 15 utterances

Criminal Trial

Department 103