📄 Reconvening and request for an in-chambers conference — Friday, July 1, 1994
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C:\DEPT103\PRELIMINARY\1994\JUL\1\RECONVENING-AND-REQUEST-FOR-AN.DOC
TRIAL
▲ Day 2 of 6

Reconvening and request for an in-chambers conference

Date: Friday, July 1, 1994 • Lines: 6
After court reconvened, Marcia Clark reported that recently received recordings had not yet been fully reviewed and said she could not responsibly proceed with a witness while unprepared. She produced 259 pages of Chicago-investigation discovery and a cassette tape to the defense, then obtained an urgent in-chambers conference without revealing its subject in open court.
1 THE COURT:

All right. We're once again on the record in the case of People versus Simpson. The defendant is present with counsel, the people are represented.

2 MS. CLARK:

Yes, Your Honor. With respect to the matter concerning the tapes, I'd like to indicate to the court that by the time the micro cassette was converted to a regular cassette -- which is the only thing we can play -- and copied, it was already about a quarter to 1:00. So we have not had an opportunity to listen to the tape. However, I listened to one of the tapes and it appeared that the date of the recording was June 14th, and we only just received discovery -- well, the court was present when we finally got the tapes in our hands about an hour and a half ago. So although discovery obviously could have been made sooner, it has not, and we are not -- I cannot in good conscience proceed forward with a witness, being unprepared in this fashion. I'm going to have to listen to the tapes as to each witness. Furthermore, there are other matters that I think we should take up in chambers. And with respect to discovery, I have here discovery concerning the events that transpired in Chicago involving this investigation, numbered pages C.H. 1 through 259. And they also include one cassette tape. I'm turning it over to the defense in a manila envelope at this time.

3 THE COURT:

All right. With reference to your request to have a conference in chambers, can you give the court some indication as to what the subject matter is you wish to discuss in chambers?

4 MS. CLARK:

No, Your Honor, I cannot, but it is urgent. It is urgent that I speak to the court on the record in chambers. I think it would be imprudent of me to address this matter in open court.

KEY QUOTE
5 THE COURT:

All right, then. I will go in chambers. If I make a determination immediately in terms of that discussion that it's one that should be in open court, then we will immediately return to open court.

6 MS. CLARK:

Thank you very much.

Temperature

procedural

Key Quotes (3)

Marcia Clark
I cannot in good conscience proceed forward with a witness, being unprepared in this fashion.
Clark explained that the late-produced recordings prevented her from responsibly continuing with a witness before reviewing the tapes.
Marcia Clark
No, Your Honor, I cannot, but it is urgent.
Clark declined to reveal publicly why she needed an in-chambers conference while emphasizing its urgency.
Kathleen Kennedy-Powell
If I make a determination immediately in terms of that discussion that it's one that should be in open court, then we will immediately return to open court.
The judge agreed to hear Clark privately but preserved the possibility that the issue would need to be addressed publicly.

Evidence (3)

Informal
Tape recordings recently received in discovery, including a microcassette converted to a regular cassette; Clark said one appeared to have been recorded on June 14.
discussed; converted and copied for playback, with review still pending
Informal
Discovery concerning events in Chicago during the investigation, numbered C.H. 1 through 259 and delivered in a manila envelope.
produced to the defense
Informal
An additional cassette tape included with the Chicago-investigation materials.
produced to the defense with the Chicago discovery

Notable Exchanges (1)

Marcia ClarkKathleen Kennedy-Powell
Clark requested an urgent on-the-record conference in chambers but said it would be imprudent to disclose the subject in open court. The judge granted the request conditionally, stating that the parties would return immediately if the matter belonged in open court.
procedural with urgency

Objections

None recorded
Proceeding 9098 • 6 lines
Preliminary Trial
Department 103
📂 JUL 1, 1994 📄 Reconvening and request for an
JUL 1, 1994