Discovery discussion regarding witness interview tapes and noon recess

📄 Discovery discussion regarding witness interview tapes and noon recess — Friday, July 1, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\1\DISCOVERY-DISCUSSION-REGARDING.DOC

TRIAL

▲ Day 2 of 6

◀ Cross-examination of Bettina Rasmussen Reconvening and request for an in-chambers conference ▶

Date: Friday, July 1, 1994 • Lines: 21

The prosecution said it could not call the remaining witnesses until it reviewed defense recordings of witness interviews that had not yet been successfully transferred. The defense made three original microcassettes available for copying, and the judge called the noon recess so Clark could listen and make any necessary request when court resumed at 1:30.

# 1 MS. CLARK:

With respect to the remaining witnesses, your Honor, the defense has just indicated to us this morning, that there was going to be some discovery pertaining to that, that they were going to give us. They have not yet given it to us. Until I receive that --

# 2 MR. SHAPIRO:

That's not correct, your Honor.

# 3 MS. CLARK:

Excuse me. Until I --

# 4 THE COURT:

I'll let you speak in a moment, Mr. Shapiro.

# 5 MS. CLARK:

Until I am able to view that information, I will not be able to examine the witnesses that are scheduled for the balance of the day.

KEY QUOTE

# 6 THE COURT:

So, are you in essence telling me that you've run out of witnesses at this point?

# 7 MS. CLARK:

Well, no, not really, your Honor. The witnesses -- I can bring them in, I haven't really run out of them, but I really -- I can't present their testimony until I know what it was -- what it is that counsel's purporting to give me. I have no idea what he turned over, if he did turn it over. I haven't seen it myself.

# 8 THE COURT:

Mr. Shapiro, you want to say something.

# 9 MR. SHAPIRO:

Yes. At the last break I informed Mr. Hodgman that we had two microcassettes of interviews of witnesses that the people had on their witnesses list. We wanted to make those available, and I thought that arrangements were made to give those to the members of the police department, so that they could make a tape recording. In any event, we have them here. These are our originals, so long as our investigator can go with them and and play them, they're free to record from the originals.

# 10 MS. CLARK:

So, we have not yet received the tapes at this point?

# 11 MR. UELMEN:

I think we attempted to, but for some reason there was a lack of communication how it should be done.

# 12 THE COURT:

What you're saying is you have two, half hours, did you say half hours?

# 13 MR. SHAPIRO:

Half hour microcassette tapes of witness interviews.

# 14 THE COURT:

Now, miss Clark, do you have the ability to play those over --

# 15 MR. SHAPIRO:

I have a tape recorder that I will provide to play those. I'm sorry, I'm sorry, there are three tapes, there are three tapes Of interviews of two people.

# 16 THE COURT:

Miss Clark, what is your request at this time?

# 17 MS. CLARK:

Without hearing the tapes, I don't even know what to say. If I may listen to the tapes, I can at least present one witness. But I don't know until I hear them, your Honor. I don't know how long these tapes will take to listen to.

# 18 THE COURT:

You first indicated there were two, half hours tapes. Now there's three. Are there three, half hour tapes.

# 19 MR. SHAPIRO:

No, there were two conversations, each approximately a half hour in length. One takes up two tapes, each on one side only. One takes up a portion of one side.

# 20 THE COURT:

All right. Well, at this point in time, we'll take the noon recess. And you can listen to those tapes, and make whatever appropriate requests when you return at 1:30.

KEY QUOTE

# 21 MS. CLARK:

Thank you very much, your Honor. (whereupon, at 11:50 a. m., the court took the noon recess)

Temperature

procedural

Key Quotes (3)

Marcia Clark

Until I am able to view that information, I will not be able to examine the witnesses that are scheduled for the balance of the day.

Clark explained that the undisclosed interview material prevented her from proceeding with the remaining witnesses.

Robert Shapiro

In any event, we have them here. These are our originals, so long as our investigator can go with them and and play them, they're free to record from the originals.

Shapiro confirmed that the defense possessed the original recordings and offered supervised access so the prosecution could copy them.

Kathleen Kennedy-Powell

All right. Well, at this point in time, we'll take the noon recess. And you can listen to those tapes, and make whatever appropriate requests when you return at 1:30.

The judge used the noon recess to give the prosecution time to review the recordings before deciding how to proceed.

Evidence (1)

Informal

Three original microcassette tapes containing two approximately half-hour defense interviews of two people listed as prosecution witnesses.

discussed and made available for the prosecution to copy and review during the recess

Notable Exchanges (2)

Marcia Clark•Robert Shapiro•Kathleen Kennedy-Powell

Clark said she could not present the remaining witnesses until she reviewed promised defense discovery; Shapiro disputed her characterization and explained that the original tapes were present and available for copying.

procedural

Kathleen Kennedy-Powell•Robert Shapiro

The judge clarified the confusing number and duration of the recordings after Shapiro corrected the count from two tapes to three tapes containing two conversations.

clarifying

Objections

None recorded

Proceeding 9097 • 21 lines

Preliminary Trial

Department 103