Stipulated facts: sunrise and sunset

📄 Stipulated facts: sunrise and sunset — Wednesday, September 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\6\STIPULATED-FACTS-SUNRISE-AND-S.DOC

TRIAL

▲ Day 148 of 167

◀ Sidebar: off record Offer of proof: Fuhrman conversations ▶

Date: Wednesday, September 6, 1995 • Utterances: 24

The defense submitted a stipulation (Defense Exhibit 1369) establishing the sunrise time in Los Angeles on June 13, 1994 as 5:41 AM PDT. Judge Ito also informed the jury that the defense was expected to conclude its case that week, then excused the jury for a recess while attorneys addressed remaining legal issues out of their presence.

# 1 (The following proceedings were held in open court:)

# 2 MR. DARDEN:

We have one stipulation on the way down now.

# 3 MR. COCHRAN:

I believe Mr. Neufeld has another stipulation.

# 4 THE COURT:

All right. Mr. Neufeld, do you have a stipulation that you've discussed with--

# 5 MR. NEUFELD:

Yes.

# 6 THE COURT:

--Miss Clark, Mr. Darden?

# 7 MR. NEUFELD:

Yes. And the stipulation is--what number are we up to, Defense exhibit, your Honor?

# 8 THE CLERK:

1369.

# 9 THE COURT:

1369.

# 10 MR. NEUFELD:

Okay.

# 11 THE COURT:

Mark the stipulation 1369.

# 12 MR. NEUFELD:

Yes.

# 13 (Deft's 1369 for id = stipulation)

# 14 MR. NEUFELD:

Which is simply the sunrise and sunset times for Los Angeles, California; and in particular, the stipulation that on June 13th, 1994, the sun rose at 5:41 A.M. Pacific daylight time.

# 15 MS. CLARK:

Yes. So stipulated.

# 16 THE COURT:

All right. And, ladies and gentlemen, if you recollect, a stipulation is an agreement between the attorneys as to certain facts, and you are to assume those facts to be true for purposes of making your determinations in this case. All right. And, Mr. Darden, you said there's another stipulation on its way down?

# 17 MR. DARDEN:

Yes.

# 18 THE COURT:

All right. Ladies and gentlemen, while we await that stipulation being brought down from upstairs, I am going to be excusing you in a few moments to be taken up to the larger lounge upstairs so you'll be a little more comfortable. There's a couple more legal issues that I need to take up without you. And as you noticed, I was having a conversation with the lawyers over at the sidebar without the court reporter just to discuss with them informally the scheduling for the remainder of the trial; and I anticipate on the basis of that discussion, that the Defense should be concluding the presentation of their case this week. So just a few more legal issues I need to resolve, and then we'll hopefully conclude that phase of the trial. So just to let you know we are making progress. But I do have a few more legal issues I need to iron out before we get to you. But I anticipate we may have some additional testimony for you this afternoon.

# 19 MR. DARDEN:

Some modification. It's on the way down. The courier has already left the 18th floor.

# 20 THE COURT:

All right. Perhaps it would be better use of our time then to take our recess at this point, excuse the jury and then launch into our issues. I'm sorry? Miss Clark?

# 21 MS. CLARK:

No.

# 22 MR. DARDEN:

That would be fine, your Honor. Thank you.

# 23 THE COURT:

Okay. All right. Then as far as the jury is concerned, then we'll stand in recess. Remember my admonitions to you. As soon as we clear the courtroom with the jury, we'll reconvene. All right. Thank you, counsel.

# 24 (Recess.)

Temperature

routine

Key Quotes (2)

Peter Neufeld

the stipulation that on June 13th, 1994, the sun rose at 5:41 A.M. Pacific daylight time

Establishes an agreed-upon timeline anchor point relevant to when events could have been seen or occurred on the morning after the murders

Lance A. Ito

I anticipate on the basis of that discussion, that the Defense should be concluding the presentation of their case this week

Signals the trial is nearing its conclusion and manages jury expectations about the remaining timeline

Evidence (1)

Defense 1369

Stipulation establishing sunrise and sunset times for Los Angeles, California; specifically that the sun rose at 5:41 AM PDT on June 13, 1994

introduced and stipulated to by both parties

Notable Exchanges (1)

Peter Neufeld•Marcia Clark

Prosecution agreed without objection to the defense-initiated stipulation on sunrise time

cooperative

Objections

None recorded

Proceeding 7545 • 24 utterances

Criminal Trial

Department 103