Motion to suppress — standing ruling and witness exclusion — July 5, 1994 (Day 3)

📄 Motion to suppress — standing ruling and witness exclusion — Tuesday, July 5, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\5\MOTION-TO-SUPPRESS-STANDING-RU.DOC

TRIAL

▲ Day 3 of 6

◀ Direct examination of Philip Vannatter on standing Direct examination of Mark Fuhrman ▶

Motion to suppress — standing ruling and witness exclusion

Date: Tuesday, July 5, 1994 • Lines: 13

The court ruled that Simpson had standing to bring the suppression motion, while the prosecution clarified that its challenge concerned his expectation of privacy around the guest house. At Shapiro's request, the judge ordered prospective police witnesses to remain outside while others testified, permitting Lieutenant Rogers to stay as the prosecution's designated investigating officer and confirming that Detective Fuhrman would testify first.

# 1 THE COURT:

THE COURT IS GOING TO FIND THE DEFENDANT DOES HAVE STANDING TO BRING THIS PARTICULAR MOTION.

KEY QUOTE

# 2 MS. CLARK:

YES, YOUR HONOR. I THINK THAT PERHAPS I DID NOT MAKE MY POSITION CLEAR. OUR MOVING PAPERS DO NOT ADDRESS THE ISSUE OF STANDING. OUR MOVING PAPERS ADDRESS THE ISSUE OF EXPECTATION OF PRIVACY IN THE AREA SEARCHED AROUND THE GUEST HOUSE.

# 3 THE COURT:

ALL RIGHT WELL, LET'S PROCEED. THAT IS --

# 4 MS. CLARK:

AND THE PEOPLE WILL BEGIN WITH DETECTIVE FUHRMAN.

# 5 THE COURT:

ALL RIGHT. THANK YOU, DETECTIVE. YOU CAN STEP DOWN.

# 6 MR. SHAPIRO:

YOUR HONOR, THERE ARE AT LEAST TWO OTHER DETECTIVES HERE. WE WOULD ASK THAT THEY BE EXCLUDED DURING THESE PROCEEDINGS. THEY MAY BE WITNESSES.

# 7 THE COURT:

ALL RIGHT.

# 8 MS. CLARK:

YOUR HONOR, THESE ARE OUR INVESTIGATING OFFICERS.

# 9 THE COURT:

WELL. I UNDERSTAND THEY ARE YOUR INVESTIGATING OFFICERS. HOWEVER, APPARENTLY THEY ARE GOING TO BE TESTIFYING ABOUT MATTERS THAT ARE IN CONTROVERSY WITH REGARD TO THIS PARTICULAR MOTION, AND I THINK A MOTION TO EXCLUDE WOULD BE APPROPRIATE. YOU WILL HAVE AT LEAST ONE OF THE INVESTIGATING OFFICERS, APPARENTLY, PRESENT WHILE -- I MEAN, DURING THE COURSE OF THE PROCEEDINGS. IS THERE SOME DETECTIVE THAT'S NOT GOING TO TESTIFY THAT YOU DESIGNATE AS INVESTIGATING OFFICER IF YOU FEEL YOU NEED TO HAVE SOMEBODY IN THE COURTROOM?

# 10 MS. CLARK:

YES, YOUR HONOR.

# 11 THE COURT:

AND THE ONES THAT ARE GOING TO TESTIFY, I THINK IT WOULD BE APPROPRIATE IF THEY REMAIN OUTSIDE WHILE ANOTHER TESTIFYING WITNESS IS PROCEEDING.

KEY QUOTE

# 12 MS. CLARK:

THANK YOU, YOUR HONOR. WE WOULD DESIGNATE DETECTIVE ROGERS, LIEUTENANT ROGERS, AND ASK THAT HE REMAIN.

# 13 THE COURT:

ANY OTHER WITNESS IN CONNECTION WITH THE MOTION SHOULD REMAIN OUTSIDE. AND YOU SAID DETECTIVE FUHRMAN IS GOING TO BE YOUR FIRST WITNESS?

Temperature

procedural

Key Quotes (4)

Kathleen Kennedy-Powell

THE COURT IS GOING TO FIND THE DEFENDANT DOES HAVE STANDING TO BRING THIS PARTICULAR MOTION.

The judge ruled that Simpson was legally entitled to pursue the suppression motion.

Marcia Clark

OUR MOVING PAPERS ADDRESS THE ISSUE OF EXPECTATION OF PRIVACY IN THE AREA SEARCHED AROUND THE GUEST HOUSE.

Clark clarified that the prosecution's argument focused on whether Simpson had a reasonable expectation of privacy around the guest house, rather than on standing itself.

Kathleen Kennedy-Powell

THE ONES THAT ARE GOING TO TESTIFY, I THINK IT WOULD BE APPROPRIATE IF THEY REMAIN OUTSIDE WHILE ANOTHER TESTIFYING WITNESS IS PROCEEDING.

The judge excluded prospective police witnesses from the courtroom to prevent them from hearing and potentially conforming their testimony to that of other witnesses.

Marcia Clark

WE WOULD DESIGNATE DETECTIVE ROGERS, LIEUTENANT ROGERS, AND ASK THAT HE REMAIN.

The prosecution selected Rogers as its investigating officer permitted to remain in court while other prospective witnesses were excluded.

Notable Exchanges (2)

Kathleen Kennedy-Powell•Marcia Clark

After the court found that Simpson had standing, Clark clarified that the prosecution disputed his expectation of privacy in the area around the guest house.

procedural

Robert Shapiro•Marcia Clark•Kathleen Kennedy-Powell

Shapiro requested exclusion of two detectives who might testify; despite Clark noting that they were investigating officers, the judge agreed that testifying officers should remain outside and allowed the prosecution to designate one non-testifying officer to stay.

strategic

Objections

None recorded

Proceeding 9106 • 13 lines

Preliminary Trial

Department 103