Scheduling of defense motion to suppress and traverse the search warrant

📄 Scheduling of defense motion to suppress and traverse the search warrant — Thursday, June 30, 1994

Address:

C:\DEPT103\PRELIMINARY\1994\JUN\30\SCHEDULING-OF-DEFENSE-MOTION-T.DOC

TRIAL

▲ Day 1 of 6

◀ Preliminary-hearing stipulation placed on the record Civilian-witness scheduling and afternoon recess ▶

Date: Thursday, June 30, 1994 • Lines: 12

The judge proposed beginning the preliminary hearing with the defense motion to suppress evidence and challenge the search warrant. Because prosecutors received the motion only minutes before 5:00 p.m. the previous day and had civilian witnesses already subpoenaed, the parties agreed to hear unaffected civilian testimony first and take up the defense motion on Tuesday, before any testimony about evidence seized from Simpson's premises.

# 1 THE COURT:

All right. The court is in receipt of a "notice of motion and motion to suppress and return evidence, to quash and traverse search warrant, and a memorandum of points and authorities and declaration of Gerald uelmen in support." That motion was filed yesterday afternoon, almost 5:00 o'clock. Now, it would be the Court's proposal that at the time that we commence that motion, we are in fact commencing the preliminary hearing in this case, but that we handle the motion first before we get to any other kind of testimony or other issues with regard to the preliminary hearing. Is there any objection to handling the motion first?

# 2 MS. CLARK:

Yes. If I may be heard, your honor.

# 3 THE COURT:

Yes.

# 4 MS. CLARK:

Thank you. The people were served this motion at ten minutes to 5:00 last night. We had no prior notice of any intention of the defense to file such a motion. In light of that fact, we were prepared to proceed with civilian witnesses in this preliminary hearing, as I informed defense counsel pursuant to his phone call to me last night. In view of the fact that those witnesses were already prepared and subpoenaed to be in court, we were unable to contact them and rescind their subpoena in time, and they will be substantially inconvenienced at this point if we are to proceed with the motion in lieu of their testimony. What I'm asking of the court, if it is acceptable, Your Honor, is to present the testimony of these civilian witnesses and proceed with the motion on Tuesday when the civilian witnesses will have been all contacted and told not to attend court so that we can handle the motion instead.

KEY QUOTE

# 5 THE COURT:

All right. I personally have no problem with that. I assume that the testimony of civilian witnesses is not going to specifically relate to the issues or the evidence that's involved in this motion to suppress. Is that correct?

# 6 MS. CLARK:

That is correct.

# 7 THE COURT:

All right. Mr. Uelmen.

# 8 MR. UELMEN:

With respect to the filing of the motion, Your Honor, much of the factual basis of the motion was based on testimony that was presented in the grand jury that the defense first became aware of on Tuesday -- Monday or Tuesday of this week when we obtained the grand jury transcripts, and the motion was filed just as soon as it was completed. We have no objection to proceeding with witnesses who will not present any testimony affected by the motion to suppress, but before any testimony is presented related to evidence obtained at the premises of Mr. Simpson, we would like the motion to be heard.

# 9 THE COURT:

All right. I think that's an agreeable way to proceed in this case. So we will defer, then, any further evidence with regard to the motion until Tuesday?

KEY QUOTE

# 10 MS. CLARK:

Yes, Your Honor, thank you.

# 11 THE COURT:

You have sufficient civilian witnesses you feel to fill the remainder of today and tomorrow as well?

# 12 MS. CLARK:

I believe I do, Your Honor. It's hard to predict the length of cross-examination, but I think that that will be the case.

Temperature

procedural

Key Quotes (4)

Marcia Clark

The people were served this motion at ten minutes to 5:00 last night.

Clark emphasized the defense's late notice as the reason to postpone argument on the motion.

Marcia Clark

What I'm asking of the court, if it is acceptable, Your Honor, is to present the testimony of these civilian witnesses and proceed with the motion on Tuesday

Clark proposed a compromise that would avoid inconveniencing subpoenaed civilian witnesses.

Gerald Uelmen

We have no objection to proceeding with witnesses who will not present any testimony affected by the motion to suppress, but before any testimony is presented related to evidence obtained at the premises of Mr. Simpson, we would like the motion to be heard.

Uelmen accepted the prosecution's proposed sequence while protecting the defense's challenge to evidence seized from Simpson's property.

Kathleen Kennedy-Powell

I think that's an agreeable way to proceed in this case.

The judge approved the parties' compromise on scheduling.

Evidence (3)

Informal

The defense's notice of motion and motion to suppress and return evidence, quash and traverse the search warrant, with supporting memorandum and Gerald Uelmen's declaration.

filed, discussed, and scheduled for hearing

Informal

The search warrant and evidence obtained at Mr. Simpson's premises.

discussed and challenged through the defense motion

Informal

Grand jury transcripts containing testimony the defense said it first received earlier that week.

discussed as the newly obtained factual basis for the defense motion

Notable Exchanges (2)

Marcia Clark•Kathleen Kennedy-Powell

Clark objected to hearing the newly filed suppression motion immediately because civilian witnesses had already been subpoenaed, and proposed taking their testimony first and hearing the motion Tuesday.

procedural

Gerald Uelmen•Kathleen Kennedy-Powell•Marcia Clark

Uelmen explained that the motion depended on recently received grand jury transcripts and agreed to civilian testimony proceeding so long as testimony concerning evidence seized from Simpson's premises waited until after the motion.

strategic

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 9058 • 12 lines

Preliminary Trial

Department 103