📄 In-chambers: trial scheduling — Thursday, June 30, 1994
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TRIAL
▲ Day 1 of 6

In-chambers: trial scheduling

Date: Thursday, June 30, 1994 • Utterances: 113
A brief in-chambers scheduling conference before the preliminary hearing. Shapiro requested an early adjournment to attend a close friend's funeral, which the court and prosecution accommodated without objection. The parties also addressed logistics: defense team size (Shapiro, Uelmen, Bailey, possibly Dershowitz, Kardashian, Taft, Filipi), seating arrangements, witness order, and daily schedule.
1 THE COURT:

All right, with regard to scheduling.

2 MR. SHAPIRO:

Your Honor, my best friend's father passed away the night before yesterday and the funeral service and interment is today at 12:00 o'clock at Hillside Memorial Cemetery.

3 THE COURT:

Is that Judge Coleman or someone else?

4 MR. SHAPIRO:

No. It's Michael Nasatir.

5 THE COURT:

Okay.

6 MR. SHAPIRO:

I would, if at all possible, like to attend the ceremony. He has been my best friend through college and remains the same. The service starts at noon. I think if we were excused at 20 minutes to 12:00, we would be able to make it and we could be back here certainly by -- we would be back here by 2:00 o'clock. Possibly 1:30, but 2:00 for sure.

7 THE COURT:

All right. I assume that you have no objection?

8 MS. CLARK:

No.

9 MR. HODGMAN:

No.

10 THE COURT:

Okay, that's fine. Any other matters?

11 MS. CLARK:

Extend to Michael my condolences.

12 MR. SHAPIRO:

Thank you.

13 THE COURT:

So, in other words, we're all ready. I mean, I have to confess, I didn't receive your motion until very late and it came as sort of a surprise that it came that late, but I assume that you're ready to proceed on that?

14 MS. CLARK:

We would like to be heard about that in open court, Your Honor. We got it at ten minutes to 5:00.

15 THE COURT:

That's about when we got it.

16 MS. CLARK:

Um hum. And we will be ready to proceed on it. We'll be ready to proceed with the entire preliminary hearing. We are now, on all matters. I apologize to the Court and Counsel. I completely forgot to have -- to remind the witness to bring her curriculum vitae. It's a standard thing I would always remind her to do, and things have been pretty hectic in this case. But she'll bring it in. We're ready to proceed with everything. But I would like to be heard about the motion.

17 THE COURT:

All right. And I assume then that you remain ready to proceed?

18 MR. SHAPIRO:

Yes.

19 MR. UELMEN:

Yes.

20 MR. SHAPIRO:

Your Honor, we had some difficulty this morning, and only because of the mass confusion that's going on, about bringing lawyers into the courtroom.

21 THE COURT:

Well, maybe I can clarify some of that difficulty. We were advised -- and I don't know where we got this advice -- that there were going to be five lawyers, and then this morning I was advised that apparently you have six lawyers.

22 MR. SHAPIRO:

Today.

23 THE COURT:

Today. You mean the number's going to go up?

24 MR. SHAPIRO:

Yes.

25 THE COURT:

Do we know how many we're talking about?

26 MR. SHAPIRO:

At least two more, and possibly four more. Total four more, depending on what evidence the people put on.

27 THE COURT:

All right.

28 MR. SHAPIRO:

They've already indicated there's not going to be D.N.A. evidence. If that's the case, there will be potentially two more and probably just one more. If there is D.N.A. evidence, there will be three more.

29 MS. CLARK:

Is counsel referring to D.N.A. evidence presented at the preliminary hearing?

30 MR. SHAPIRO:

Yeah.

31 MS. CLARK:

None.

32 MR. SHAPIRO:

So there will be one more lawyer.

33 THE COURT:

Just one more lawyer?

34 MR. SHAPIRO:

Yes.

35 THE COURT:

And --

36 MR. SHAPIRO:

That's Mr. Bailey.

37 THE COURT:

Okay. I'm sure you noticed that we do have certain limitations with regard to size and --

38 MR. SHAPIRO:

The accommodations are perfect for us.

39 THE COURT:

Okay.

40 MR. SHAPIRO:

Just so long as we have some flexibility of getting the lawyers in. We have a couple of lawyers who are just helping us with documents and sorting out items of evidence.

41 THE COURT:

So you're saying just one more seat is all you're talking about for lawyers?

42 MR. SHAPIRO:

We need one more seat for a lawyer.

43 THE COURT:

For a lawyer. Which would be behind -- I mean, not -- would not be at counsel table but --

44 MR. SHAPIRO:

If it's possible to extend or put another working table in so we could have the note takers -- we have two lawyers just for notes and for perusing items of evidence.

45 THE COURT:

We'll -- I'll have to make inquiries. I don't have the answer to that.

46 MR. SHAPIRO:

The second thing is we do have an expert in the courtroom, Dr. Barbara Wolf, who is the head criminalist for the state of Albany (sic), an employee of the New York State Police Department. We would like her to be able to sit next to Ms. Caplan at the side of counsel table just for the purpose of taking notes.

47 MS. CLARK:

What is her title?

48 MR. SHAPIRO:

I believe she is -- she's a criminalist with -- in Upstate New York for Albany. I don't know her exact title.

49 THE COURT:

For the police department or private?

50 MR. SHAPIRO:

Police department.

51 THE COURT:

Now, that's during the entirety of the proceedings or just during the expert testimony?

52 MR. SHAPIRO:

Just expert testimony right now.

53 THE COURT:

All right. That's fine. I don't have a problem with that.

54 MR. SHAPIRO:

Thank you.

55 MR. HODGMAN:

Your Honor, one courtesy, if I may.

56 THE COURT:

Yes.

57 MR. HODGMAN:

I believe I'm familiar with most of the counsel on the defense side of the table and, I met Mr. Uelmen this morning. There is one gentleman who has not been introduced to me, and I wonder if he could be identified for us?

58 MR. SHAPIRO:

Sure. Who do you want to meet, bill?

59 MR. HODGMAN:

Who is that?

60 MR. SHAPIRO:

The tall fellow?

61 MR. HODGMAN:

The tall fellow.

62 MR. SHAPIRO:

Oh, that's Skip Taft. Mr. Leroy Taft. He is the personal attorney for Mr. Simpson. Mr. Uelmen; myself; Mr. Bailey; possibly Mr. Dershowitz; Ms. Filipi, who you know who was with your office; Mr. Kardashian.

63 THE COURT:

I don't want all these lawyers popping up on everything.

KEY QUOTE
64 MR. SHAPIRO:

I don't think you'll experience any problem whatsoever. We have done this during high profile cases. Only one lawyer will speak, only one lawyer will address witnesses, only one lawyer will make objections.

65 THE COURT:

I'll check about that additional table and let you know. I believe you were my criminal law professor back at Loyola in 1974. It's been a long time, 20 years.

66 MR. UELMEN:

Thank you.

67 MS. CLARK:

I'm curious. Is that going to be one lawyer for the witnesses or one lawyer for the objections or one lawyer for the arguments?

68 THE COURT:

Well, I think what -- you're going to divide it up -- the motion, I assume, is what you're handling.

69 MR. UELMEN:

Yes.

70 THE COURT:

And if you had some expert, maybe you're going to have someone else do that.

71 MR. SHAPIRO:

Exactly.

72 THE COURT:

But for different portions of any part of the motion, there will be a designated lawyer handling that aspect?

73 MR. SHAPIRO:

I'm going to be the lead lawyer throughout the proceedings. I will be handling the majority of the witnesses. If there are other witnesses that will be examined, I will notify the Court as to who will be doing that.

74 THE COURT:

All right.

75 MS. CLARK:

That's all?

76 THE COURT:

I guess so.

77 MR. SHAPIRO:

The other thing, there is no obligation on the part of the people, but it would help, I think, speed matters along if we could get a list of the order of witnesses that are going to be called, as close to as possible as the people know, so we can have proper exhibits here and proper documentation so we can move this in the quickest manner possible.

78 THE COURT:

Do you have such?

79 MS. CLARK:

Mr. Uelmen called me yesterday and I told him I did.

80 MR. SHAPIRO:

Is that in order?

81 MS. CLARK:

As close as I can get. I hate to be held to that because a witness may not be available and I have to juggle. But that's my proposed evidence.

82 MR. SHAPIRO:

You have civilian witnesses and then experts and so on?

83 MS. CLARK:

Yes, that's correct.

84 MR. UELMEN:

Who do you plan to call?

85 MS. CLARK:

Detective Ferman, Detective Phillips, Detective Vannatter, Detective Lange -- Lange and Vannatter are pretty overlapping. So those three, if we get that far.

KEY QUOTE
86 THE COURT:

Is there a typed up witness list that the Court could also be furnished a copy of?

87 MS. CLARK:

As a matter of fact I have it on counsel table. THE COURT REPORTER: We would appreciate one as well.

88 MS. CLARK:

Sure.

89 MR. SHAPIRO:

We would like to call Dennis Fung on the motion, if you could have him.

90 MS. CLARK:

Sure.

91 THE COURT:

Also what I plan to do during the course of this is to start at 9:00 o'clock, and I really appreciate if everybody could be there. And I think it works better when the defendant is already out before I come out. So we'll try to do it that way and to take, if possible, just a fifteen minute break somewhere around 10:30, and to again start promptly at 1:30 -- with the exception of today -- and to take a break somewhere around 2:45, 3:00, somewhere in that neighborhood, again for 15 minutes. It's very difficult, especially when there's a lot of people involved, for everybody to get back, I know, in 15 minutes. People lose track of the time or they're doing things that are necessary to the case or they're using the restroom or whatever it is they're doing. But I really want to make an effort to try to do that because these 15 minute breaks can end up going to half an hour, 40 minutes, and I think it just -- we just lose a lot of time that's not necessary to do.

92 MR. SHAPIRO:

Your Honor, if in that regard -- because it's next to impossible for us to leave the courtroom during those breaks, and I would like to remain -- if we could use the facilities in the jury room for the restroom. And if possible, if we could bring in a small refrigerator so we could have drinks and snacks there for all of us, that might just save some time.

93 THE COURT:

I'll have to discuss that security-wise with the bailiffs and see what they have to say about it.

94 MS. CLARK:

Why don't we cater it.

95 THE COURT:

That sounds good as long as you share the wealth.

96 MR. SHAPIRO:

That is the best suggestion yet. Have catered lunches for staff and attorneys.

97 MS. CLARK:

Call Ma Maison. I think not.

KEY QUOTE
98 THE COURT:

Is there anything else?

99 MR. SHAPIRO:

That's all.

100 THE BAILIFF:

Update on the curriculum vitae. They found it on the computer and then they have to print it and Fax it.

101 MS. CLARK:

Are they going to Fax it to here?

102 THE BAILIFF:

I don't know where they're going to Fax it.

103 MS. CLARK:

Can they? Is there a Fax here?

104 THE BAILIFF:

We have one close by.

105 MS. CLARK:

I have one in my office too. Whatever you want.

106 THE COURT:

You'll have to arrange that.

107 THE BAILIFF:

Do you want to talk to your witness?

108 MS. CLARK:

Sure.

109 THE COURT:

Then as soon as we're able to have that and you've had a chance maybe to look at it for a few minutes, you let me know when you're ready. Remind me. If it gets to be twenty to 12:00 and I'm not aware of it, if you could just remind me because I will accommodate your obligations.

110 MR. SHAPIRO:

I really appreciate that. Thank you.

111 MS. CLARK:

Great.

112 MR. HODGMAN:

Thank you, Your Honor.

113 MS. CLARK:

Thank you, Your Honor.

Temperature

procedural

Key Quotes (4)

Kathleen Kennedy-Powell
I don't want all these lawyers popping up on everything.
Judge sets early ground rules for the unusually large defense team
Kathleen Kennedy-Powell
I believe you were my criminal law professor back at Loyola in 1974. It's been a long time, 20 years.
Kennedy-Powell reveals she was taught by Uelmen, a notable personal connection between judge and defense counsel
Marcia Clark
Detective Ferman, Detective Phillips, Detective Vannatter, Detective Lange -- Lange and Vannatter are pretty overlapping. So those three, if we get that far.
First disclosure of prosecution's planned witness order at the preliminary hearing
Marcia Clark
Call Ma Maison. I think not.
Clark's dry joke in response to Shapiro's catered lunch suggestion, showing early rapport between adversaries

Evidence (2)

Informal
Expert witness curriculum vitae being faxed from computer
discussed — Marcia Clark forgot to remind witness to bring it
Informal
Prosecution witness list
disclosed to defense and requested by court

Notable Exchanges (4)

Robert ShapiroKathleen Kennedy-Powell
Shapiro negotiates seating for a large defense team including note-taking lawyers and criminalist expert Dr. Barbara Wolf from New York State Police
strategic
Kathleen Kennedy-PowellGerald Uelmen
Judge reveals Uelmen was her criminal law professor at Loyola 20 years earlier
warm
Marcia ClarkRobert ShapiroKathleen Kennedy-Powell
Banter about catering lunch to avoid long breaks — Clark jokes about Ma Maison, judge says 'share the wealth'
light
William HodgmanRobert Shapiro
Hodgman asks for identification of an unintroduced defense team member; Shapiro identifies Skip Taft (Leroy Taft), OJ's personal attorney, and lists the full defense team roster
routine

Light Moments (2)

Marcia Clark
Shapiro asks for a small refrigerator and snacks in the jury room; Clark suggests catering; judge agrees 'as long as you share the wealth'; Clark jokes 'Call Ma Maison. I think not.'
Kathleen Kennedy-Powell
Judge reveals Uelmen was her law professor 20 years ago

Objections

None recorded
Proceeding 8952 • 113 utterances
Preliminary Trial
Department 103
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📂 JUN 30, 1994 📄 In-chambers: trial scheduling
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