Afternoon session opening, discovery exchange, and witness recall

📄 Afternoon session opening, discovery exchange, and witness recall — Thursday, June 30, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUN\30\AFTERNOON-SESSION-OPENING-DISC.DOC

TRIAL

▲ Day 1 of 6

◀ Redirect examination of Michele Kestler Continued cross-examination of Michele Kestler ▶

Date: Thursday, June 30, 1994 • Lines: 16

The afternoon session opened with the defendant and counsel present, but recalled witness Ms. Kestler had not yet arrived. While waiting, Marcia Clark delivered discovery materials to the defense and tried to highlight a forensic hair-comparison article; Robert Shapiro objected, and the judge deferred the article until Kestler could address it from the witness stand.

# 1 THE COURT:

Good afternoon.

# 2 MR. SHAPIRO:

Good afternoon.

# 3 MR. UELMEN:

Good afternoon, Your Honor.

# 4 THE COURT:

The record should reflect the defendant is present with counsel. The people are represented. And I guess we can continue with the witness, Ms. Kestler.

# 5 MS. CLARK:

Yes, Your Honor. May I turn over some discovery while we're waiting for her to come in?

# 6 THE COURT:

Yes.

# 7 MS. CLARK:

Pages 539 to 614, I'm handing to defense counsel now. A copy of the S.D.T.'S, the originals of which I've returned to the court clerk. And I'd like to indicate to the court that I've given a copy to the court for review an article on "proceedings of the international symposium on forensic HAIR COMPARISONS." I gave a copy of this to counsel this morning. Specifically directing the Court's attention to a page numbered 11 on it, the second paragraph, where it's indicated that, "it is recommended that a known hair sample -- "

KEY QUOTE

# 8 MR. SHAPIRO:

Your Honor, I'm going to object to reading this. This is a document that's a hearsay document. It's dated June 25, 1985. I think we should have some material a little more recent than nine years ago. And if there is to be testimony, it should come from the witness stand, not from the prosecutor.

KEY QUOTE

# 9 THE COURT:

Is Ms. Kestler prepared to testify in some fashion regarding this particular document?

# 10 MS. CLARK:

Yes, Your Honor. And I --

# 11 THE COURT:

I'll wait until she refers to it specifically.

KEY QUOTE

# 12 MS. CLARK:

As I understand the law, an expert is entitled to rely on articles and periodicals and that that kind of hearsay is admissible through the expert testimony. And I was simply trying to assist the court in directing its attention to the specific area that is in question now.

# 13 THE COURT:

All right. Thank you.

# 14 MS. CLARK:

I apologize, Your Honor. It would appear the witness may have gone upstairs instead of coming straight to the court. She should be here momentarily.

# 15 THE COURT:

All right.

# 16 (There was a pause in the proceedings.)

Temperature

procedural

Key Quotes (3)

Marcia Clark

Pages 539 to 614, I'm handing to defense counsel now.

Clark formally transferred a substantial set of discovery materials to the defense.

Robert Shapiro

Your Honor, I'm going to object to reading this. This is a document that's a hearsay document.

Shapiro objected to Clark reading from the forensic hair-comparison article rather than presenting it through a witness.

Kathleen Kennedy-Powell

I'll wait until she refers to it specifically.

The judge deferred consideration of the article until the recalled expert witness could address it.

Evidence (3)

Informal

Discovery materials numbered pages 539 through 614.

turned over to defense counsel

Informal

Copies of the S.D.T.s referenced by the prosecutor.

copied for defense; originals returned to the court clerk

Informal

An article titled "proceedings of the international symposium on forensic HAIR COMPARISONS," particularly page 11 concerning known hair samples.

provided to the court for review and discussed

Notable Exchanges (2)

Marcia Clark•Robert Shapiro•Kathleen Kennedy-Powell

Clark attempted to direct the court to a passage in a forensic hair-comparison article; Shapiro objected that it was dated hearsay and should be presented through testimony. The judge chose to wait for Kestler to refer to it.

procedural

Marcia Clark•Kathleen Kennedy-Powell

Clark apologized for the delay and explained that Kestler may have gone upstairs instead of directly to the courtroom.

routine

Witness Demeanor

(There was a pause in the proceedings.)

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 9051 • 16 lines

Preliminary Trial

Department 103