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

Day 149 — Thursday, September 7, 1995

Brady Violation Exposed; Fuhrman Fifth Amendment Remedies Denied by Judge
Judge Lance A. Ito • Criminal Trial • 11 proceedings • 397 utterances
tense

September 7 was consumed by contentious Brady motions and Fuhrman-related rulings that fractured the courtroom. Judge Ito found a Brady violation in the prosecution's repeated failure to disclose photo contact sheets for crime scene evidence—information that would have revealed when the pivotal glove photograph was taken. He denied all three defense remedies following Fuhrman's Fifth Amendment invocation, including the defense's request to admit McKinny tape excerpts. Tensions exploded in chambers when the judge confronted Marcia Clark over scheduling disputes and prosecutorial appeals.

  • Judge Ito rules prosecution violated Brady by repeatedly refusing to produce photo contact sheets for crime scene photographs, delaying defense discovery about when Fuhrman's glove photo was actually taken.
  • Defense Brady motion regarding Purdy's burned diary documenting Fuhrman misconduct at West LA Division is largely rejected; judge orders PROMISE database search for cases involving Fuhrman and Purdy together.
  • 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 challenging Fuhrman Fifth Amendment rulings.
  • Judge orders court reporter to rush-prepare transcript of Fifth Amendment session for appellate division.
Day 149 • 11 proceedings • 397 utterances
Criminal Trial
Department 103
⚖️ Start
📂 Day 149 — SEP 7, 1995
SEP 7, 1995 KRT DvH TD