📄 Court announcement and discussion regarding sealed evidence — Friday, July 1, 1994
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TRIAL
▲ Day 2 of 6

Court announcement and discussion regarding sealed evidence

Date: Friday, July 1, 1994 • Lines: 7
Judge Kennedy-Powell interrupted the hearing to announce that Judge Delbert Wong had recovered unidentified physical evidence under a Superior Court order and placed it in a sealed envelope. The envelope was transferred to the clerk, while prosecutor Marcia Clark said she had received no notice because the defense acted ex parte and asked when the evidence could be examined. The judge said it would remain sealed until at least the current witness's testimony concluded.
1 THE COURT:

I'm sorry. All right. I'm going to have to interrupt for just a few minutes. (There was a pause in the proceedings from 10:45 a.m. to 10:55 a.m.)

2 THE COURT:

All right. I do want to apologize to you for the interruption. Judge Mills, who is the supervising judge of the Superior Court, did request that I interrupt the proceedings to speak with him, and for the purpose of making this announcement. There was a Court order that was made by the Superior Court, and I'm going to read it to you as follows: "Minute order: The court has read and considered the ex parte application for emergency meeting between supervising judge Lance Ito and defense counsel, and heard the argument of Robert Shapiro and Gerald Uelmen in camera. "The court hereby appoints judge Delbert Wong as a special master on behalf of the court. Judge Wong is directed to accompany counsel for the defendant to recover certain items of real evidence, to place any such real evidence under seal, and return any said items to this court forthwith. "The clerk of the court is directed to take the items submitted by Judge Wong into the custody of the court pending further order of this court. "The case file shall be sealed pending further order of this court." It was the determination that the Superior Court, in essence, didn't really have the jurisdiction to handle this particular matter since this case was not in the Superior Court. It's here in the Municipal Court. Nonetheless, judge Delbert Wong was appointed as the special master and as the special master, he did recover apparently some items of evidence related to this matter. They are in the envelope -- whatever it is is in the envelope here that I'm holding in my hand. At this time I'm going to deliver this to the clerk, and the clerk of the court will maintain possession and control of this until the appropriate time in these proceedings when that envelope will be opened and we'll be able to determine what, in fact, is inside it. I do not know what is in the envelope. I do know, however, that Judge Wong does have a report, a written report, of some kind in addition to whatever physical evidence is in that envelope therein, and we will examine that in due course. At this point in time I suggest that we continue with the examination of the witness.

3 MS. CLARK:

Excuse me, Your Honor, but may I inquire? This is the first I've learned of this because it was an ex parte application. Is the court aware of where the evidence originated from?

4 THE COURT:

I do not know anything about it.

KEY QUOTE
5 MS. CLARK:

And does the court have any inclination to indicate at what point we'll be able to view that evidence?

6 THE COURT:

I would think that item of evidence could be opened as a part of the court record in the proceedings in this matter. I think that we should at least conclude the testimony of the witness that we have on the stand at this point before we do that.

7 MS. CLARK:

Thank you very much, Your Honor.

Temperature

procedural

Key Quotes (4)

Kathleen Kennedy-Powell
Judge Wong is directed to accompany counsel for the defendant to recover certain items of real evidence, to place any such real evidence under seal, and return any said items to this court forthwith.
This states the special master's assignment and explains how the unidentified evidence came into court custody.
Kathleen Kennedy-Powell
I do not know what is in the envelope.
The judge emphasized that the sealed evidence had not yet been identified or examined in open court.
Marcia Clark
This is the first I've learned of this because it was an ex parte application.
The prosecutor noted that the defense had pursued the matter without prior notice to the prosecution.
Kathleen Kennedy-Powell
I do not know anything about it.
The judge acknowledged that she could not tell the prosecution where the evidence originated.

Evidence (5)

Informal
A Superior Court minute order appointing Judge Delbert Wong as special master and directing him to recover and seal certain real evidence.
read aloud and discussed
Informal
The defense's ex parte application for an emergency meeting between supervising Judge Lance Ito and defense counsel.
considered in camera and discussed
Informal
The case file associated with the Superior Court proceeding.
sealed by court order
Informal
A sealed envelope containing unidentified items of physical evidence recovered by Judge Wong.
delivered to the clerk and held under seal
Informal
Judge Wong's written report concerning the recovery of the sealed evidence.
referenced for later examination

Notable Exchanges (2)

Marcia ClarkKathleen Kennedy-Powell
Clark said the ex parte process left her unaware of the matter and asked where the evidence originated; Kennedy-Powell answered that she knew nothing about its source.
procedural
Marcia ClarkKathleen Kennedy-Powell
Clark asked when the parties could inspect the evidence, and Kennedy-Powell indicated that the envelope could become part of the court record after the current witness finished testifying.
strategic

Objections

None recorded
Proceeding 9087 • 7 lines
Preliminary Trial
Department 103
📂 JUL 1, 1994 📄 Court announcement and discuss
JUL 1, 1994