Defense application concerning material-witness visits with the defendant

📄 Defense application concerning material-witness visits with the defendant — Friday, July 1, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\1\DEFENSE-APPLICATION-CONCERNING.DOC

TRIAL

▲ Day 2 of 6

◀ Reconvening and request for an in-chambers conference Transition to chambers and recess ▶

Date: Friday, July 1, 1994 • Lines: 16

The defense told the court that the Sheriff's Department was blocking material-witness visits with O.J. Simpson until Deputy Koch could meet with counsel, despite the judge's earlier order allowing those visits. Judge Kennedy-Powell directed the clerk to contact Koch and have him come to the courtroom to resolve the issue.

# 1 MR. SHAPIRO:

Your Honor, we also have a matter to discuss, but in open court at Court's convenience.

# 2 THE COURT:

Do you want to do that now?

# 3 MR. SHAPIRO:

Yes. Ms. Caplan will address the court.

# 4 MS. CAPLAN:

Your Honor, we had filed an ex parte application to be permitted to have material witness visits with Mr. Simpson in the attorney room.

KEY QUOTE

# 5 THE COURT:

Yes.

# 6 MS. CAPLAN:

and over the weekend -- and Your Honor entered that order -- I was contacted by Deputy Koch at the Sheriff's Department, and he said that he wanted to have a face to face meeting with us on Tuesday, and until we could have that meeting we would not be permitted to have witness visits with Mr. Simpson over the weekend. As you know, the preliminary hearing will be resuming on Tuesday and it's essential that we be permitted to meet with Mr. defense -- with Mr. Simpson to prepare a defense.

# 7 THE COURT:

All right. Do you have the telephone number for this particular deputy?

# 8 MS. CAPLAN:

yes, I do.

# 9 THE COURT:

Can we --

# 10 THE CLERK:

That's our Deputy Koch, yes.

# 11 THE COURT:

Can we contact him?

# 12 THE CLERK:

Sure.

# 13 THE COURT:

And perhaps tell him that I would like him to come down to the courtroom.

KEY QUOTE

# 14 MS. CAPLAN:

thank you, Your Honor.

# 15 THE COURT:

All right. Is there anything beyond that?

# 16 MR. SHAPIRO:

No, that was it, Your Honor, thank you.

Temperature

procedural

Key Quotes (3)

Ms. Caplan

Your Honor, we had filed an ex parte application to be permitted to have material witness visits with Mr. Simpson in the attorney room.

Caplan identified the court-authorized access the defense was attempting to exercise.

Ms. Caplan

until we could have that meeting we would not be permitted to have witness visits with Mr. Simpson over the weekend.

Caplan reported that the Sheriff's Department was withholding the visits pending a face-to-face meeting.

Kathleen Kennedy-Powell

And perhaps tell him that I would like him to come down to the courtroom.

The judge responded by summoning Deputy Koch to address the apparent conflict with her order.

Evidence (2)

Informal

The defense's ex parte application seeking permission for material witnesses to visit O.J. Simpson in the attorney room.

discussed

Informal

Judge Kennedy-Powell's order granting the defense request for material-witness visits with Simpson.

discussed

Notable Exchanges (1)

Ms. Caplan•Kathleen Kennedy-Powell•The Clerk

Caplan reported that Deputy Koch would not allow court-authorized material-witness visits until he met with the defense. Judge Kennedy-Powell directed the clerk to contact Koch and ask him to come to the courtroom.

procedural

Objections

None recorded

Proceeding 9099 • 16 lines

Preliminary Trial

Department 103