Adjournment, speedy-hearing reservation, and custody of exhibits

📄 Adjournment, speedy-hearing reservation, and custody of exhibits — Friday, July 1, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\1\ADJOURNMENT-SPEEDY-HEARING-RES.DOC

TRIAL

▲ Day 2 of 6

◀ Transition to chambers and recess Opening and housekeeping ▶

Date: Friday, July 1, 1994 • Lines: 13

The court adjourned the preliminary hearing until July 5, 1994, so the prosecution could review recordings and prepare additional witnesses. The defense did not object but preserved Simpson's speedy-hearing rights, and the judge ordered that marked, unintroduced prosecution exhibits remain inaccessible in the court clerk's custody pending later rulings.

# 1 THE COURT:

All right. We are once again on the record in the case of People versus Simpson. The defendant is present with counsel, the people are represented. At this time, Ms. Clark, you've indicated to the court that you need additional time in order to listen to those tapes in order to be prepared to present additional witnesses?

# 2 MS. CLARK:

Yes, Your Honor.

# 3 THE COURT:

And it's my understanding that you're requesting that the court adjourn these proceedings until Tuesday morning at 9:00 o'clock. Is that correct?

# 4 MS. CLARK:

Yes, Your Honor.

# 5 THE COURT:

All right. Any objection from the defense?

# 6 MR. SHAPIRO:

Your Honor, we have no objection, but we want the record to indicate that we are not waiving our right to a speedy preliminary hearing and that this is a continuation of it.

KEY QUOTE

# 7 THE COURT:

Yes, I certainly understand that. Please be assured that the court is devoting its full attention to this matter and no others.

# 8 MR. SHAPIRO:

We have no doubt about that, Your Honor. I just wanted the record to protect our rights.

# 9 THE COURT:

All right.

# 10 MR. SHAPIRO:

Thank you.

# 11 THE COURT:

I would also state that there have been certain People's exhibits that have been marked this morning for evidence. They have not been introduced into evidence, and at this time they are in the custody of the clerk, and there will be no access to anyone until such time as they are received and until a ruling is ultimately made as to the appropriate access for those exhibits. At this time they will remain in the custody of the court clerk. All right. Everyone have a pleasant holiday, and we'll see all of you bright and early on Tuesday morning. Thank you.

# 12 MS. CLARK:

Thank you, Your Honor.

# 13 MR. HODGMAN:

Thank you, Your Honor. (At 1:52 p.m., a recess was taken until Tuesday, July 5, 1994, at 9:00 a.m.)

Temperature

procedural

Key Quotes (3)

Robert Shapiro

Your Honor, we have no objection, but we want the record to indicate that we are not waiving our right to a speedy preliminary hearing and that this is a continuation of it.

The defense consented to the adjournment while expressly preserving Simpson's speedy-hearing rights.

Kathleen Kennedy-Powell

They have not been introduced into evidence, and at this time they are in the custody of the clerk, and there will be no access to anyone until such time as they are received and until a ruling is ultimately made as to the appropriate access for those exhibits.

The judge clarified that the marked prosecution exhibits were not yet evidence and restricted access to them pending further rulings.

Kathleen Kennedy-Powell

Everyone have a pleasant holiday, and we'll see all of you bright and early on Tuesday morning.

The judge formally concluded the session and confirmed that proceedings would resume after the holiday weekend.

Evidence (2)

Informal

Recordings that Marcia Clark needed additional time to listen to.

discussed; the prosecution requested additional time to review them before presenting more witnesses

People's exhibits

Certain unspecified People's exhibits marked for evidence that morning.

marked but not introduced; retained in the court clerk's custody with access prohibited pending receipt into evidence and a later access ruling

Notable Exchanges (2)

Robert Shapiro•Kathleen Kennedy-Powell

Shapiro stated that the defense did not oppose the prosecution's requested delay but carefully reserved Simpson's right to a speedy preliminary hearing; the judge acknowledged the reservation.

strategic

Kathleen Kennedy-Powell

The judge placed the marked but unintroduced prosecution exhibits under the clerk's exclusive control and barred access until admission and access questions were resolved.

procedural

Light Moments (1)

Kathleen Kennedy-Powell

The judge ended the proceeding with a cordial holiday wish and a reference to returning “bright and early” Tuesday.

Objections

None recorded

Proceeding 9101 • 13 lines

Preliminary Trial

Department 103