📂 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 recalling Fuhrman before the jury and admitting the requested McKinny tape excerpts, but approved a modified instruction allowing jurors to consider Fuhrman's unavailability for further cross-examination when evaluating credibility. He temporarily stayed the instruction for appellate review. 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