In-chambers conference regarding scheduling, stipulation, and defense exhibits

📄 In-chambers conference regarding scheduling, stipulation, and defense exhibits — Friday, July 8, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUL\8\IN-CHAMBERS-CONFERENCE-REGARDI.DOC

TRIAL

▲ Day 6 of 6

◀ Recess Cross-examination of Dr. Golden ▶

Date: Friday, July 8, 1994 • Lines: 19

The judge met with counsel to estimate how much of the preliminary hearing remained, learning that the defense expected less than an hour of cross-examination and that the prosecution was on its last witness. The defense proposed a stipulation concerning phone records showing a call from Mrs. Brown to Nicole Brown at about 10:17 and said it would offer all defense exhibits previously received only for motion purposes; the conference remained sealed until the stipulation could be confirmed.

# 1 (The following proceedings were had in chambers.)

# 2 THE COURT:

We're in chambers with counsel for both sides. I only wanted to just get a feel for how much longer we have. Do you know how long your cross-examination is going to be approximately?

# 3 MR. SHAPIRO:

Yes. I would say less than an hour.

KEY QUOTE

# 4 THE COURT:

Okay. And this is your last witness, I assume?

# 5 MS. CLARK:

Yes.

# 6 THE COURT:

I don't expect you're going to present an affirmative defense?

# 7 MR. SHAPIRO:

We're going to ask for a stipulation regarding the phone records that were presented in open court from the phone call from Mrs. Brown to Nicole, which I believe was at 10:17.

KEY QUOTE

# 8 THE COURT:

And is there -- is there going to be a problem with that?

# 9 MS. CLARK:

If that's what the records say, there will be no problem with that. But which record?

KEY QUOTE

# 10 MR. SHAPIRO:

Phone records from the telephone company that you gave us.

# 11 MS. CLARK:

I'm going to have to locate it. I'll locate it and make sure.

# 12 THE COURT:

With reference to defense exhibits that were received for purposes of the motion only, do you wish to offer any of those -- or will you be offering any of those with regard to the case?

# 13 MR. SHAPIRO:

Yes, yes. We'll be offering all of them.

KEY QUOTE

# 14 THE COURT:

Okay. Let's see if there's anything else.

# 15 MS. CLARK:

Counsel, just so I can make sure. You're saying it was a phone call from Nicole Brown to her mother or from the mother to Nicole?

# 16 MR. SHAPIRO:

From the mother to Nicole.

# 17 THE COURT:

Okay. Then I guess that's it. I just wanted to know where we stood. You can transcribe this, but until I'm sure about the stipulation, then this is sealed. If the stipulation is agreed to by everyone, then I don't have any problem with this portion of the transcript being released. Okay. See you at 1:30.

# 18 MR. HODGMAN:

See you then, Your Honor.

# 19 (Proceedings concluded at 12:02 p.m.)

Temperature

procedural

Key Quotes (5)

Robert Shapiro

I would say less than an hour.

Shapiro estimated the remaining cross-examination, helping the court assess when the preliminary hearing would conclude.

Robert Shapiro

We're going to ask for a stipulation regarding the phone records that were presented in open court from the phone call from Mrs. Brown to Nicole, which I believe was at 10:17.

The defense identified phone records and a specific call time as evidence it wanted established by agreement.

Marcia Clark

If that's what the records say, there will be no problem with that. But which record?

Clark conditionally accepted the proposed stipulation but required confirmation of the particular record and its contents.

Robert Shapiro

Yes, yes. We'll be offering all of them.

Shapiro confirmed that the defense intended to offer every defense exhibit previously received only for motion purposes.

Kathleen Kennedy-Powell

You can transcribe this, but until I'm sure about the stipulation, then this is sealed.

The judge kept the conference sealed pending confirmation that all parties agreed to the phone-record stipulation.

Evidence (2)

Informal

Telephone-company records reportedly showing a call from Mrs. Brown to Nicole Brown at approximately 10:17.

discussed as the subject of a proposed stipulation

Informal

All defense exhibits previously received only for purposes of the motion.

discussed for intended admission in the case

Notable Exchanges (3)

Kathleen Kennedy-Powell•Robert Shapiro•Marcia Clark

The judge asked how much testimony remained; Shapiro estimated less than an hour of cross-examination, and Clark confirmed the prosecution was on its last witness.

procedural

Robert Shapiro•Marcia Clark•Kathleen Kennedy-Powell

Shapiro proposed stipulating that phone-company records showed a call from Mrs. Brown to Nicole Brown at about 10:17; Clark was receptive but needed to locate and verify the specific record.

strategic

Kathleen Kennedy-Powell•Robert Shapiro

The judge asked whether exhibits admitted only for motion purposes would be offered in the case, and Shapiro said the defense would offer all of them.

procedural

Objections

None recorded

Proceeding 9152 • 19 lines

Preliminary Trial

Department 103