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From:
[email protected] (Myra Dinnerstein)
Subject: SIDEBARS - August 21, 1995
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Date: Mon, 4 Sep 1995 06:56:03 GMT
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Sidebars from August 21, 1995
(THE FOLLOWING PROCEEDINGS WERE
HELD AT THE BENCH:)
THE COURT: ALL RIGHT. WE ARE OVER AT THE SIDE.
MR. BLASIER.
MR. BLASIER: I WANTED TO MAKE AN OFFER ON THE
FALSIFICATION OF EVIDENCE PRESENTATION.
I THINK IT IS RELEVANT TO THE ISSUES IN THIS CASE.
IT IS A SITUATION WHERE HE WAS ASKED TO INVESTIGATE THE
POSSIBILITY THAT FINGERPRINTS WERE FALSIFIED, SO I WOULD LIKE TO
GO INTO THEM VERY BRIEFLY.
THE COURT: HAVE WE GOT ANY FALSIFIED FINGERPRINTS IN THIS
CASE?
MR. BLASIER: NOT FINGERPRINTS, NO, BUT OTHER ISSUES OF
FALSIFICATION CERTAINLY.
THE COURT: ALL RIGHT.
BASED UPON THAT OFFER, THE RULING STANDS.
****
(THE FOLLOWING PROCEEDINGS WERE
HELD AT THE BENCH:)
THE COURT: ALL RIGHT.
WE ARE OVER AT THE SIDE BAR AND I HAVE BEEN SHOWN TWO
BOARDS, ONE OF WHICH IS ENTITLED "CRIME SCENE PROCESSING" AND THE
OTHER WHICH IS "CHRONOLOGY."
MR. GOLDBERG: YOUR HONOR, I DON'T HAVE AN OBJECTION
NECESSARILY TO THE TOP ONE.
I BELIEVE THAT WE HAD A THREE-DAY RULE ON SHOWING
CHARTS AND DIAGRAMS AND I DIDN'T RECEIVE THIS UNTIL THIS MORNING,
SO IT SHOULD BE EXCLUDED ON THAT BASIS.
THE PROBLEM WITH THE CHRONOLOGY IS -- AND I HAVEN'T
CHECKED OUT EVERY SINGLE TIME BECAUSE I JUST DIDN'T HAVE TIME
BECAUSE I ONLY SAW IT THIS MORNING -- SOME OF THEM ARE OFF.
FOR EXAMPLE, DENNIS FUNG AND MAZZOLA RECEIVED A CALL
AT 5:26, SO THAT IS ONLY -- THAT IS FOUR MINUTES OFF, BUT IT IS
OFF.
THEY ARRIVED AT BUNDY -- EXCUSE ME -- AT ROCKINGHAM
AT 7:10. THEY LEFT ROCKINGHAM AT TEN O'CLOCK, SO THEY PROBABLY
ARRIVED AT BUNDY AT ABOUT 10:10 OR 10:15 AND I JUST HAVEN'T
CHECKED THE REST OF THE -- THE TIMES, BUT THE POINT IS, IS THAT
SOME OF THEM ARE INCORRECT AND SHOULDN'T BE USED.
MR. BLASIER: THEY ARE ALL INTENDED TO BE APPROXIMATE
TIMES, JUDGE. WHETHER IT IS A MINUTE OR TWO OFF IS NOT
SIGNIFICANT.
THE PURPOSE OF THIS CHART IS JUST TO SHOW WHEN
CRIMINALISTS WERE CALLED, WHEN THE BODIES WERE FOUND, JUST THE
GENERAL DELAY THAT OCCURRED. I MEAN, I WILL STATE THAT THEY ARE
APPROXIMATE TIMES.
THE COURT: MR. BLASIER, I'M GOING TO DIRECT YOU NOT TO USE
THIS UNTIL MR. GOLDBERG HAS HAD THE OPPORTUNITY TO CHECK THE
TIMES. I TAKE IT THIS IS IN YOUR COMPUTER, THOUGH?
MR. BLASIER: YEAH.
THE COURT: IT IS ON THE HARD DRIVE?
MR. BLASIER: YEAH.
THE COURT: THAT CAN BE CHANGED?
MR. BLASIER: I AM GETTING TO THIS RIGHT AFTER THIS ONE.
THAT IS THE PROBLEM.
MR. GOLDBERG: WE CAN ALWAYS DO IT ORALLY.
THE COURT: YEAH. ALL RIGHT.
THAT IS THE ORDER.
ALL RIGHT. THANK YOU.
****
(THE FOLLOWING PROCEEDINGS WERE
HELD AT THE BENCH:)
THE COURT: ALL RIGHT.
WE'RE OVER AT THE SIDEBAR.
ISN'T THE ISSUE AT THIS POINT, MR. BLASIER, WHETHER
OR NOT ONE CAN SEE THESE BLOOD SPOTS THAT ARE IN THIS PARTICULAR
EXHIBIT WHILE THE DOOR IS OPEN OR CLOSED?
ALL RIGHT.
THAT'S WHY I STOPPED YOU. ASK HIM THE QUESTION, "DID
YOU SEE -- DID YOU INSPECT THIS PARTICULAR AREA OF THE BRONCO ON
THIS PARTICULAR DATE AND TIME WITH THE DOOR OPEN AND DOOR CLOSED?
"YES, I DID.
"DID YOU SEE THIS STUFF HERE?
"YES, I DID. YES, I DID."
ISN'T THAT THE ISSUE?
MR. BLASIER: THAT'S THE ISSUE. BUT THESE ARE THE MARKS
FUNG WAS SENT BACK OUT TO LOOK FOR BASED ON FUHRMAN'S STATEMENT
THAT THEY WERE ON THE OUTSIDE SOMEWHERE NEAR THE DOOR.
THE COURT: I UNDERSTAND THAT. BUT THE ISSUE IS CAN YOU
SEE IT IF THE DOOR IS OPEN, DOOR IS CLOSED.
MR. GOLDBERG: HE KEEPS SAYING "OUTSIDE SILL." I THINK HE
SAID OUT -- THE BOTTOM OUTSIDE OF THE DOOR ITSELF. SO THIS WHOLE
ISSUE IS IRRELEVANT.
THE COURT: NO, IT'S NOT IRRELEVANT.
MR. GOLDBERG: BUT THEY'RE ALSO --
THE COURT: IT GOES DIRECTLY TO DETECTIVE FUHRMAN'S
CREDIBILITY.
MR. GOLDBERG: BUT THEY ARE MISSTATING THE EVIDENCE.
THE COURT: THEY ARE.
MR. GOLDBERG: THE PROBLEM IS, YOUR HONOR, WITH A LOT OF
QUESTIONS, THEY WANT TO DO EVERYTHING IN AN ARGUMENTATIVE WAY.
THEY DON'T WANT TO WAIT UNTIL CLOSING ARGUMENT TO MAKE THE
ARGUMENT.
THE COURT: I KNOW. THAT'S THE POINT I'M MAKING IF YOU
WERE LISTENING CAREFULLY TO WHAT I JUST SAID.
MR. GOLDBERG: I THOUGHT --
THE COURT: ALL RIGHT.
I'VE HEARD ENOUGH. THANK YOU.
****
(THE FOLLOWING PROCEEDINGS WERE
HELD AT THE BENCH:)
THE COURT: ALL RIGHT.
WE ARE OVER AT THE SIDE BAR.
OKAY. MR. GOLDBERG.
MR. GOLDBERG: YOUR HONOR, I WANTED TO ASK HIM ABOUT HIS
OWN CRIME SCENE PRACTICES, AND SINCE THE ONLY CRIME SCENE OR
ANYTHING REMOTELY APPROXIMATING A CRIME SCENE HE HAS INVESTIGATED
IN THE LAST 19 YEARS WAS THE BRONCO, I WOULD LIKE TO SHOW WHAT
PRACTICES HE USED IN INVESTIGATING IT.
THE COURT: WELL, I MEAN, DON'T YOU THINK YOU HAVE ALREADY
MADE THE POINT, THE FACT THAT HE HASN'T BEEN TO A CRIME SCENE FOR
ALMOST TWENTY YEARS?
MR. GOLDBERG: I WANT TO SHOW THAT HE IS NOT WEARING A
HAIRNET OR A LAB COAT OR HE'S NOT WEARING GLOVES AND HIS HANDS
ARE IMMEDIATELY PROXIMATE TO BIOLOGICAL EVIDENCE IN THIS CASE.
I MEAN THIS MAN IS --
THE COURT: WHEN WERE THESE TAKEN?
MR. GOLDBERG: AUGUST 26TH.
MR. BLASIER: I DIDN'T ELICIT ANY TESTIMONY ABOUT GLOVES OR
HAIRNETS.
HE IS WORKING FOR THE DEFENSE. HE WASN'T PROCESSING
THIS CRIME SCENE FOR THE PROSECUTION. THIS IS COMPLETELY
IRRELEVANT.
AND I DIDN'T ASK ANY QUESTIONS ABOUT IT AND IT IS
BEYOND THE SCOPE AND IT IS IMPROPER.
MR. GOLDBERG: NO. 1, HIS COMPETENCE AS A CRIMINALIST IS AT
ISSUE.
AND NO. 2, YOUR HONOR, HE TESTIFIED ABOUT HIS
EXAMINATION OF THIS BRONCO AND HIS OPINIONS ABOUT THE BRONCO, AND
THIS -- THESE PHOTOGRAPHS ARE TAKEN AT THE VERY EXAMINATION IN
THE BRONCO THAT HE CONDUCTED AT WHICH THESE KIND OF OPINIONS WERE
ARRIVED AT.
THE COURT: I SEE THE DOOR IS ON, TOO, AT THE TIME, TOO.
MR. GOLDBERG: WELL, ON THE 26TH IT IS, BUT IT ISN'T ON
MARCH THE 4TH WHEN HE DID HIS LITTLE THING WITH WHERE THE BLOOD
DROPS WERE.
MR. BLASIER: HE ONLY WENT THERE TO LOOK AT IT. THAT IS
WHAT HE TESTIFIED ABOUT. IT HAS NOTHING TO DO ABOUT WHAT
HAPPENED IN AUGUST. I HAVEN'T GONE INTO THAT.
MR. GOLDBERG: IT IS NOT TO IMPEACH HIM ON THE DOOR ISSUE,
YOUR HONOR.
MR. BLASIER: THEN IT IS IRRELEVANT, IT IS BEYOND THE
SCOPE.
THE COURT: ALL RIGHT. IT IS BEYOND THE SCOPE.
****
(THE FOLLOWING PROCEEDINGS WERE
HELD AT THE BENCH:)
THE COURT: WE ARE OVER AT THE SIDE BAR.
MR. GOLDBERG: YOUR HONOR, IT SEEMS THAT COUNSEL HAS
CLEARLY OPENED THE ISSUE OF UNDER WHAT CONDITIONS YOU SHOULD BE
WEARING GLOVES, HAT AND PROTECTIVE CLOTHING AND SAYING THAT NO IT
IS NOT JUST FOR PROTECTING YOURSELF, IT IS ALSO FOR PROTECTING
THE EVIDENCE AND IT HAS EVOLVED OVER TIME AND SO ON AND SO FORTH.
AND IT SEEMS LIKE SUCH PROBATIVE EVIDENCE TO SAY HERE
IS WHAT YOU DO AND PUT HIM ON.
THE COURT: LET ME ASK YOU THIS:
HE TESTIFIED TO THAT AND HE WAS LED INTO AN ANSWER
REGARDING PCR TESTING.
MR. GOLDBERG: WHAT?
THE COURT: HE WAS LED INTO AN ANSWER CONCERNING PCR
TESTING AND THAT THOSE ISSUES ARE EVEN MORE NECESSARY THESE DAYS
BECAUSE OF THE SENSITIVITY OF PCR TESTING IS WHAT HE SAID.
MR. GOLDBERG: YEAH.
THE COURT: MY QUESTION TO YOU IS ON THIS PARTICULAR DATE
IN QUESTION WAS THE CONSOLE STILL IN THE BRONCO AND WAS IT STILL
SUBJECT TO EVIDENCE COLLECTION FOR PCR TESTING?
MR. GOLDBERG: YES. IT WAS. THAT WAS THE DAY, YOUR HONOR,
THAT THE CONSOLE WAS REMOVED FROM THE BRONCO BY MICHELE KESTLER
AND PEOPLE WORKING UNDER HER FOR PURPOSES OF PCR TESTING.
AND IT WAS IN THERE AND IT IS IN THE PHOTOGRAPHS VERY
CLEARLY AND HIS HAND IS RIGHT NEAR THAT VERY AREA WHERE 303, 304
AND 305 CAME FROM.
THE COURT: WHAT DOES TO TELL ME? WHAT DOES THAT TELL ME?
MR. GOLDBERG: SORRY, I BROUGHT UP THE WRONG PHOTO HERE.
CAN I --
(BRIEF PAUSE.)
MR. GOLDBERG: MAY I JUST HAVE A MOMENT?
(DISCUSSION HELD OFF THE RECORD
BETWEEN THE DEPUTY DISTRICT
ATTORNEYS.)
THE COURT: OKAY.
I RECOLLECT THE TWO -- I RECOLLECT THE TWO
PHOTOGRAPHS WHICH SHOW MR. RAGLE LEANING INTO THE BRONCO OR
HOLDING THE RULE FOR A PHOTOGRAPH OF SOMETHING ON THE DRIVER'S
SIDE DOOR PANEL.
MR. GOLDBERG: RIGHT.
THE COURT: INTERIOR.
MR. GOLDBERG: AND IN TERMS OF TIME, THIS WILL TAKE ME
ABOUT A MINUTE.
MR. BLASIER: IT IS GOING TO TAKE A LOT MORE.
MR. GOLDBERG: FOR ME.
MR. BLASIER: HE IS NOT PROCESSING THIS CRIME SCENE.
MR. GOLDBERG: HE IS A CRIMINALIST WHO IS WORKING THERE.
THE COURT: WELL, WHY WAS IT NECESSARY TO ASK THOSE
QUESTIONS? I'M JUST CURIOUS.
MR. BLASIER: ASK WHICH QUESTIONS? I DIDN'T BRING IT UP.
I RESPONDED TO HIM ON CROSS. HE WAS TALKING ABOUT GLOVES.
THE COURT: WELL, THE PROBLEM IS YOU LED HIM INTO AN ANSWER
THAT HAD TO DO WITH SENSITIVITY OF PCR TESTING AND WHY YOU WEAR
PROTECTIVE CLOTHING.
MR. BLASIER: BECAUSE HE WOULDN'T LET HIM EXPLAIN THE
GLOVES AND HOW ORIGINALLY IT WAS TO PROTECT YOURSELF AND FROM
DISEASE AND THAT HAS CHANGED, THAT HAS EVOLVED.
BECAUSE HE WOULDN'T LET HIM DO THAT, I DID THAT.
MR. GOLDBERG: HE ANSWERED THAT. HE GAVE THAT ANSWER.
MR. BLASIER: AFTER I ASKED HIM.
MR. GOLDBERG: HE GAVE THAT ON CROSS.
THE COURT: ALL RIGHT.
YOU HAVE FIVE MINUTES TO DO THIS.
I WILL OVERRULE THE OBJECTION.
