📂 Thursday, September 7, 1995 — Day 149
◀ Criminal Trial
📅 Thursday, September 7, 1995 11 proceedings 397 lines
Address:
C:\DEPT103\CRIMINAL\1995\SEP\7
TRIAL
▲ Day 149 of 167

Day 149 — Thursday, September 7, 1995

Photo-Disclosure Brady Sanctions Request Taken Under Submission; Fuhrman Remedies Denied
Judge Lance A. Ito • Criminal Trial • 11 proceedings • 397 lines
tense

September 7 centered on contentious Brady motions and Fuhrman-related rulings. Scheck argued that repeated failures to produce photo contact sheets delayed the defense's ability to establish that Fuhrman's glove photograph was taken at night; Judge Ito questioned the prosecution and took the sanctions request under submission. Ito denied the defense's three proposed remedies following Fuhrman's Fifth Amendment invocation, including the request to admit McKinny tape excerpts. A tense in-chambers confrontation followed over scheduling changes and Clark's implication that the court was punishing the prosecution for pursuing appellate remedies.

  • Defense argues that repeated refusals to produce crime-scene photo contact sheets delayed its discovery that Fuhrman's glove photograph was taken at night; Judge Ito questions Hodgman and takes the sanctions request under submission.
  • Judge Ito finds no Brady violation in the handling of the Purdy/Coleman Internal Affairs matter and orders a PROMISE database search for a case in which Fuhrman and Purdy appeared together; the related diary was described as containing Fuhrman-related entries.
  • Judge denies all three defense remedies following Fuhrman's Fifth Amendment invocation: recall before jury, jury instruction citing 5th Amendment, and admission of five McKinny tape excerpts.
  • Heated in-chambers confrontation between Judge Ito and Marcia Clark over scheduling changes and prosecution's implications that judge is punishing them for pursuing appellate remedies.
  • Emergency stay granted to prosecution until noon the next day to prepare appellate papers after the Fuhrman-unavailability jury-instruction ruling.
  • Judge orders court reporter to rush-prepare transcript of Fifth Amendment session for appellate division.
Day 149 • 11 proceedings • 397 lines
Criminal Trial
Department 103
📂 Day 149 — SEP 7, 1995
SEP 7, 1995