📄 Court's preliminary hearing ruling and conclusion of proceedings — Friday, July 8, 1994
📅 Jul 8 — Day 6
preliminary_hearingevidence_handlingmurder_chargesno_bailcustody
Address:
C:\DEPT103\PRELIMINARY\1994\JUL\8\COURT-S-PRELIMINARY-HEARING-RU.DOC
TRIAL
▲ Day 6 of 6

Court's preliminary hearing ruling and conclusion of proceedings

Date: Friday, July 8, 1994 • Lines: 2
Judge Kathleen Kennedy-Powell denied Simpson's motion to dismiss, finding enough evidence to create a strong suspicion that he committed both charged murders and the related special allegations. She ordered him held without bail for arraignment in Superior Court on July 22, while directing that a sealed envelope—which she said played no role in her decision—be transferred unopened with the court file.
1 THE COURT:

We're once again on the record in the case of People versus Simpson. The defendant is present with counsel, the people are represented. The court has carefully considered the evidence in this case and the arguments of counsel. Keeping in mind that the proof in this matter is not proof beyond a reasonable doubt, the court feels that there is ample evidence to establish a strong suspicion of the guilt of the accused, and therefore the motion to dismiss is denied at this time. I want to make one comment with regard to the envelope, and that is this: That that envelope at this time remains sealed; that the contents of that envelope, whatever they may be, in no way played a part in the proceeding or the decision in this matter; that that envelope in a sealed condition will be transferred, along with the court file, to the Superior Court for such further rulings as are appropriate at a future point in time. The defendant will please stand. It appearing to me from the evidence presented that the following offenses have been committed, and there is sufficient cause to believe this defendant guilty of Count 1, a violation of Penal Code section 187(a), with a special allegation pursuant to Penal Code section 12022(b); and Count 2, a violation of Penal Code section 187(a), with a special allegation pursuant to Penal Code section 12022(b); and also that there is sufficient evidence of a special allegation pursuant to Penal Code section 190.2(a)(3), the court holds that the defendant be held to answer therefor, that there be no bail allowed in this case, and that the defendant be committed to the custody of the Sheriff of Los Angeles County. Date of arraignment in Superior Court will be July the 22nd at 8:30 in Department 100. The defendant is remanded at this time, and this court is adjourned.

2 (PROCEEDINGS CONCLUDED AT 3:15 P.M.)

Temperature

procedural

Key Quotes (3)

Kathleen Kennedy-Powell
The court feels that there is ample evidence to establish a strong suspicion of the guilt of the accused, and therefore the motion to dismiss is denied at this time.
The judge found the preliminary-hearing standard satisfied and refused to dismiss the case.
Kathleen Kennedy-Powell
That that envelope at this time remains sealed; that the contents of that envelope, whatever they may be, in no way played a part in the proceeding or the decision in this matter.
The judge expressly separated the sealed envelope and its unknown contents from the evidence supporting her ruling.
Kathleen Kennedy-Powell
The court holds that the defendant be held to answer therefor, that there be no bail allowed in this case, and that the defendant be committed to the custody of the Sheriff of Los Angeles County.
The judge ordered Simpson to face the two murder counts in Superior Court, denied bail, and remanded him into custody.

Evidence (1)

Informal
A sealed envelope whose unspecified contents the court said played no part in the preliminary hearing or its ruling.
discussed; kept sealed and ordered transferred with the court file to Superior Court

Objections

None recorded
Proceeding 9161 • 2 lines
Preliminary Trial
Department 103
📂 JUL 8, 1994 📄 Court's preliminary hearing ru
JUL 8, 1994