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From: [email protected] (Myra Dinnerstein)
Subject: SIDEBARS - 6/6/95
Message-ID: <[email protected]>
Organization: NETCOM On-line Communication Services (408 261-4700 guest)
Date: Wed, 14 Jun 1995 01:05:39 GMT
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Sidebars from June 6, 1995

             (THE FOLLOWING PROCEEDINGS WERE
             HELD AT THE BENCH:)

     THE COURT:  OKAY.  WE ARE OVER AT THE SIDE BAR.
           MR. SHAPIRO.
     MR. SHAPIRO:  YES.  WE ARE GOING TO OBJECT TO THE DISPLAY
OF ANY KNIVES THAT ARE NOT DIRECTLY RELATED TO ANY INJURIES OR TO
ANY EVIDENCE IN THIS CASE MERELY TO DESCRIBE CLASSIFICATION OF
KNIVES AS BEING SOMETHING THAT IS WITHIN EVERYBODY'S
UNDERSTANDING WITHOUT NEED OF DEMONSTRATION.
           AND, TOO, THAT THE PREJUDICIAL EFFECT OF SHOWING
BRAND NEW RAZOR SHARP KNIVES TO THE JURY OUTWEIGHS ANY PROBATIVE
VALUE, AND CLEARLY THE COURT -- AND CLEARLY THE COURT CAN TAKE
JUDICIAL NOTICE AND EVEN WOULD STIPULATE TO THE COURT THAT TO --
TO THE JURY THAT THERE ARE SINGLE-EDGED KNIVES, DOUBLE-EDGED
KNIVES, SERRATED KNIVES, BOWIE KNIVES, HUNTING KNIVES AND ANY
OTHER TYPE OF KNIFE YOU WISH TO ENUMERATE.
           BUT JUST TO SIMPLY POINT OUT SHINY STEEL BLADES TO ME
IS PREJUDICIAL AND WE STRENUOUSLY OBJECT.
     MR. KELBERG:  YOUR HONOR, MR. SHAPIRO STRENUOUSLY OBJECTED
SEVERAL DAYS AGO AND THE COURT OVERRULED THE OBJECTION AND
ALLOWED US TO USE THESE KNIVES TO DEMONSTRATE THE CLASS
CHARACTERISTICS IN THE KNIVES AND HAS INDICATED NOTHING NEW WHICH
IN MY JUDGMENT CAUSES THE COURT TO CHANGE ITS MIND AND THAT IS
ALL WE ARE ATTEMPTING TO DO.
           NOT INDICATING WHETHER THEY ARE DULL OR SHARP ISN'T
THE ISSUE BECAUSE NO ONE IS SUGGESTING THAT ANY OF THESE WERE
ATTRIBUTABLE TO MR. SIMPSON OR ANYONE OF THESE IS THE MURDER
WEAPON.
           I ALSO HAVE TO SAY FOR THE RECORD, YOUR HONOR, I
DON'T LIKE TO OBJECT, ALTHOUGH WHEN COUNSEL MAKES SPEAKING
OBJECTIONS, MY UNDERSTANDING IS THE COURT HAS MADE IT QUITE CLEAR
THAT THERE ARE NOT TO BE SPEAKING OBJECTIONS AND MR. SHAPIRO HAS
MADE A SERIES OF SPEAKING OBJECTIONS.
           MS. CLARK PASSED ME A NOTE THAT SHE FINDS IT
DIFFICULT TO HAVE THAT ALLOWED.
           AGAIN, I'M MORE FORGIVING, AND MAYBE THAT IS BECAUSE
I'M NOT GOING TO BE DOWN HERE ARGUING THE CASE TO THE JURY, BUT
FOR THE RECORD, I THINK IT IS INAPPROPRIATE FOR THE MANNER IN
WHICH MR. SHAPIRO HAS MADE A NUMBER OF THESE SPEAKING OBJECTIONS
AND I DO PRESS THAT OBJECTION.
     THE COURT:  ALL RIGHT.
           SO FAR I HAVEN'T FOUND ANY OF THE SPEAKING OBJECTIONS
TO BE OUT OF LINE, SINCE THEY SAVE US A TRIP HERE TO THE SIDE BAR
OFTENTIMES.
           BUT THE OBJECTION MADE IS OVERRULED BECAUSE I THINK
THAT THE DEMONSTRATIVE VALUE IS -- DOES OUTWEIGH.
     MR. COCHRAN:  MAY I SAY SOMETHING?  WOULD THE COURT
CONSIDER SOME KIND OF A CAUTIONARY THING OF THEY ARE NOT GOING
INTO THE JURY ROOM, OBVIOUSLY, SO SHOULDN'T THE COURT -- OR
SHOULDN'T THERE BE SOME QUESTIONS, IN FAIRNESS, BRINGING OUT
EARLY ON THESE ARE NOT ANY WEAPONS --
     THE COURT:  JUST FOR DEMONSTRATIVE PURPOSES.
     MR. COCHRAN:  THESE ARE JUST FOR WHATEVER PURPOSE THEY ARE
BEING USED THAT YOU ARE ALLOWING IT.
     THE COURT:  YES.
           MR. COCHRAN, IF YOU RECOLLECT, I INSTRUCTED THE
PROSECUTION THAT THEY HAD TO MAKE CLEAR IN THEIR QUESTIONING THAT
THIS WAS DEMONSTRATIVE PURPOSES ONLY, THAT THERE IS NO CONNECTION
BETWEEN THIS KNIFE, THESE KNIVES AND --
     MR. KELBERG:  YOUR HONOR, WHEN ARE YOU TAKING A BREAK?  I'M
JUST TRYING TO --
     THE COURT:  QUARTER 'TIL.
           DO YOU WANT A BREAK NOW?  I WAS PLANNING -- I THOUGHT
I TOLD YOU 2:45.
     MR. KELBERG:  OKAY.  I WILL TRY.
     THE COURT:  UNLESS THE COURT REPORTER IS ABOUT TO DIE.
     REPORTER OLSON:  NO, SIR, I'M FINE.

****

             (THE FOLLOWING PROCEEDINGS WERE
             HELD AT THE BENCH:)

     THE COURT:  WE ARE OVER AT THE SIDEBAR.
           MR. COCHRAN.
     MR. COCHRAN:  I POINTED OUT TO MARCIA I THINK THAT ARTIST
STEVE WERBLEN IS DRAWING SOMETHING DURING THIS PERIOD OF TIME.  I
POINTED IT OUT TO HER.  I DON'T THINK IT'S APPROPRIATE.  I DON'T
KNOW IF THE BAILIFF IS BACK THERE.  CAN WE DO SOMETHING?
     MS. CLARK:  LET ME INDICATE FOR THE RECORD, I DID WATCH HIM
WHEN JOHNNIE POINTED IT OUT TO ME, AND IT LOOKED CLEAR TO ME HE'S
LOOKING DOWN AND DRAWING AND LOOKING UP.
     THE COURT:  ALL RIGHT.
     MR. KELBERG:  MY BACK IS TO HIM.  I CAN'T SEE.
     THE COURT:  ALL RIGHT.
           WHAT WE WILL DO, WE WILL HAVE THE SHERIFFS INSTRUCT
HIM TO STAY WHEN WE RECESS, AND I WILL CHECK ANY DRAWING THAT HE
HAS.
     MR. COCHRAN:  THAT WILL BE GOOD.

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