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From: [email protected] (Myra Dinnerstein)
Subject: SIDEBARS - July 17, 1995
Message-ID: <[email protected]>
Organization: NETCOM On-line Communication Services (408 261-4700 guest)
Date: Fri, 11 Aug 1995 01:38:12 GMT
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Sidebars from July 17, 1995

             (THE FOLLOWING PROCEEDINGS WERE
             HELD AT THE BENCH:)

     THE COURT:  ALL RIGHT.
           WE ARE OVER AT THE SIDEBAR.
           WHAT WAS OUR LIMITATION ON THE 17TH BUSINESS?  WHAT
WAS OUR LIMITATION ON THE 17TH?
     MR. SHAPIRO:  OUR LIMITATION WAS, WE WOULD NOT GO INTO
WHERE THE EXAMINATION TOOK PLACE OR WHAT THE SUBSTANCE OF THE
EXAMINATION WAS, ONLY THAT THERE WAS A HOUSE-CALL EXAMINATION BY
DR. HUIZENGA.  OTHERWISE, WE'RE GOING TO OPEN UP THE WHOLE AREA
WHY DR. BADEN WAS THERE, AND I DON'T THINK THE PEOPLE WANT TO GET
INTO THAT.
     MR. KELBERG:  I'M JUST ASKING --
     MR. SHAPIRO:  IF YOU DO LET THEM OPEN IT UP, THEN WE'RE
READY FOR IT.  WE'D BE MORE THAN GLAD TO HAVE THAT.
     MR. KELBERG:  I'M JUST ASKING WHAT IS TAKING PLACE IN THIS
PHOTOGRAPH.  I'M NOT ASKING TO OPEN UP ANYTHING.  I'M JUST ASKING
WHAT ARE THEY DOING.
           HE'S TESTIFIED ABOUT HAND EXAMINATIONS HE'S CONDUCTED
ON DIRECT EXAM, HIS OPINIONS, AND NOW HE SEEMS TO BE DOING A
LITTLE FAST BACKTRACKING AS TO HIS LACK OF BEING AN EXPERT IN THE
SUBJECT MATTER. YET HE'S NEVERTHELESS PRESENT TO WATCH WHAT
APPEARS TO BE DR. BADEN CONDUCTING A FURTHER EXAM.  I THINK
THAT'S OF SOME RELEVANCE.
     MR. SHAPIRO:  THIS IS AN ABSOLUTE DISGRACE. THIS
CROSS-EXAMINATION, IT IS SO FAR BEYOND ANY OF THE SCOPE --
     THE COURT:  MR. SHAPIRO, YOU DON'T NEED TO ADOPT THAT TONE.
     MR. SHAPIRO:  IT IS SO FAR BEYOND THE SCOPE OF THE
RELEVANCY OF THIS MAN'S EXAMINATION.  THIS MAN IS AN INTERNIST.
HE IS NOT A FORENSIC MEDICAL EXAMINER.  HE IS NOT A PATHOLOGIST.
HE IS NOT A PERSON WHO TESTIFIES OR RENDER OPINIONS.
           HE SAW THE MAN.  HE IS HERE TO TALK ABOUT HIS MEDICAL
CONDITION ON THE 15TH AND ON THE 17TH. HE WAS NOT AT THE CRIME
SCENE.  HE KNOWS NOTHING ABOUT ANY OF THE FACTS IN THIS CASE THAT
HAVE BEEN GONE INTO AND, YOUR HONOR, IF WE ARE GOING TO CONTINUE
LIKE THIS, WE'LL NEVER END THIS CASE.
           THIS MAN WAS CALLED FOR A VERY LIMITED PURPOSE, TO
EXPLAIN TO THE JURY MR. SIMPSON'S INJURIES, PHYSICAL CONDITION ON
THE 15TH.
     THE COURT:  OBJECTION WILL BE OVERRULED AT THIS POINT.
     MR. KELBERG:  THAT IS ALL I AM GOING TO ASK.
     THE COURT:  BE QUICK.

****

             (THE FOLLOWING PROCEEDINGS WERE
             HELD AT THE BENCH:)

     THE COURT:  WE'RE OVER AT THE SIDEBAR.
     MR. SHAPIRO:  WE SAW THIS PREVIOUSLY.  THERE WAS ONE
OUTTAKE WHERE THERE WAS A SIMULATED PUNCHING SCENE WHERE THERE
WERE SOME COMMENTS MADE BY O.J. SIMPSON, AND WE WOULD OBJECT TO
THOSE COMMENTS UNDER 352.
     THE COURT:  DO YOU KNOW WHERE THEY ARE ON THE TAPE, THE
REAL-TIME COUNTER?
     MR. SHAPIRO:  NO, I DON'T.
           DO YOU KNOW, MR. KELBERG?
     MR. KELBERG:  I KNOW THE SEGMENT YOU ARE TALKING ABOUT.  IT
HAS BEEN TRANSFERRED ON TO LASER DISK, BUT I DO NOT KNOW
VIS-A-VIS THE VIDEO BECAUSE QUITE FRANKLY, I WATCHED IT IN FAST
FORWARD WITHOUT THE SOUND AFTER I --
     THE COURT:  GOT THE FLAVOR.
     MR. KELBERG:  -- GOT THE FLAVOR OF IT.
     MS. CLARK:  THIS IS JUST THE WARM-UP.
     MR. KELBERG:  OF COURSE, WE'RE SEEING MULTIPLE TAKES OF THE
SAME PROCESS AND PROGRESSED, AND THERE WILL BE MULTIPLE TAKES.
     THE COURT:  WELL, MR. --
     MR. KELBERG:  I DON'T THINK THE ISSUE IS AS QUITE SIMPLE AS
THE COURT MAY INITIALLY BELIEVE.  THE COMMENT DOES IN FACT
SUGGEST THAT A WAY TO TAKE CARE OF THE WIFE IS WITH A BLOW
BECAUSE THE TRAINER IS MOVING I THINK IN THE DIRECTION OF MR.
SIMPSON.
     THE COURT:  WELL, NO.  MR. KELBERG, WHAT I WAS INTERESTED
IN IS WHERE IN THE TAPE ON THE REAL-TIME COUNTER DOES IT EXIST SO
I CAN REVIEW IT.
     MR. KELBERG:  WOULD YOU LIKE TO REVIEW THE LASER DISK?  WE
CAN GET TO IT RIGHT AWAY.
     THE COURT:  SURE.  LET'S DO THAT.
     MR. SHAPIRO:  ALSO, YOUR HONOR, EARLIER, WE MADE TWO
REQUESTS TO HAVE THAT PORTION OF THE TRANSCRIPT BROUGHT UP
REGARDING THE OBSERVATIONS OF MR. PARK.
     MS. CLARK:  SHALL I DO IT NOW?
     THE COURT:  YEAH.

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