Tape recording procedures

📄 Tape recording procedures — Tuesday, September 5, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\5\TAPE-RECORDING-PROCEDURES.DOC

TRIAL

▲ Day 147 of 167

◀ Direct examination of Rolf Rokahr (part 1) Direct examination of Rolf Rokahr (part 2) ▶

Date: Tuesday, September 5, 1995 • Utterances: 18

The court addresses procedural requirements before playing a tape recording excerpt for the jury. Judge Ito directs Neufeld to file a written transcript of the tape portion by the next morning, consistent with superior court rules that reporters are not required to transcribe audio recordings. A roughly one-minute snippet is played for the parties to confirm they are all working from the same excerpt before the jury is brought in.

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

# 2 THE COURT:

We're back on the record. All parties are again present. Mr. Darden, Mr. Neufeld, have you resolved the issues regarding the tape?

# 3 MR. NEUFELD:

I think it should be made clear on the record, the tape was made yesterday and that first thing this morning before we commenced court proceedings, a copy of the tape was given to Alan Yochelson, and it's that tape that I will be playing.

# 4 THE COURT:

The problem is, for the record, that it's a standard rule of this court, of the superior court that court reporters are not required to attempt to transcribe what is on tape recordings. So, Mr. Neufeld, what I'm going to direct you to do is, tomorrow morning, file with the court a transcript of the portion of the tape that you're going to play for the record.

# 5 MR. NEUFELD:

Very well, sir.

# 6 THE COURT:

And so the record is clear. Anything else?

# 7 MR. DARDEN:

And so the record is clear, I have no objection to this small excerpt. But as for others--and it is true that counsel gave us a copy of the tape this morning. But as the court is aware, I've been here before the court.

# 8 THE COURT:

I understand that. All right. And you've cued up the snippet and showed it and--

# 9 MR. NEUFELD:

No. I haven't played the snippet right now for Mr. Darden, which I can certainly do.

# 10 THE COURT:

All right. Mr. Harris, do you have that cued up? All right. Let's just make sure we're all talking about the same snippet here. How long is the tape in its entirety?

# 11 MR. NEUFELD:

This snippet is about eight lines?

# 12 THE COURT:

How long is the tape in its entirety?

# 13 MR. NEUFELD:

Probably an hour, maybe little more than an hour, maybe an hour and 20 minutes.

# 14 THE COURT:

Okay. Let's hear the snippet, Mr. Harris.

# 15 (At 2:44 P.M., a portion of a tape recording was played.)

# 16 (At 2:45 P.M., the playing of the tape recording concluded.)

# 17 MR. NEUFELD:

That's the end. It would end at that point where he says, "I'm using my own judgment."

KEY QUOTE

# 18 THE COURT:

All right. Cue it back up. Let's have the jury, please.

Temperature

procedural

Key Quotes (3)

Lance A. Ito

it's a standard rule of this court, of the superior court that court reporters are not required to attempt to transcribe what is on tape recordings. So, Mr. Neufeld, what I'm going to direct you to do is, tomorrow morning, file with the court a transcript of the portion of the tape that you're going to play for the record.

Establishes the procedural requirement that will govern how tape evidence enters the record.

Christopher Darden

I have no objection to this small excerpt. But as for others--

Darden reserves his right to object to other portions of the tape, signaling a potential future dispute over what gets played.

Peter Neufeld

That's the end. It would end at that point where he says, "I'm using my own judgment."

Identifies the closing line of the excerpt — the phrase 'I'm using my own judgment' is presumably the evidentiary point Neufeld wants the jury to hear.

Evidence (1)

Informal

A tape recording approximately one hour to one hour and twenty minutes in length, made the day prior; a short excerpt of roughly eight lines is played at 2:44–2:45 PM.

Previewed for parties before jury playback; Neufeld directed to file written transcript of the excerpt the following morning.

Notable Exchanges (1)

Christopher Darden•Peter Neufeld

Darden consents to the specific excerpt but deliberately leaves open the possibility of objecting to other portions of the tape, while Neufeld clarifies he had already provided a copy to Darden's co-counsel Yochelson that morning.

strategic

Objections

None recorded

Proceeding 7493 • 18 utterances

Criminal Trial

Department 103