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From:
[email protected] (Myra Dinnerstein)
Subject: SIDEBARS - September 11, 1995
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Date: Thu, 28 Sep 1995 01:08:49 GMT
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Sidebars from September 11, 1995
(THE FOLLOWING PROCEEDINGS WERE
HELD AT THE BENCH:)
THE COURT: WE'RE OVER AT THE SIDEBAR.
MISS CLARK, ISN'T THE RESOLUTION AND QUALITY OF THE
PHOTOGRAPH MUCH HIGHER THAN YOU ARE GOING TO GET OFF THE
VIDEOTAPE? WHY DO YOU NEED THE VIDEOTAPE?
MS. CLARK: NO, IT'S NOT TRUE, YOUR HONOR. I'VE SEEN THE
VIDEOTAPE. IT SHOWS MUCH MORE CLARITY OF DETAIL. YEAH, YOU
REALLY CAN SEE A LOT AND THE MOVEMENT OF THE HAND.
THE WITNESS, OUR EXPERT, HAD TO USE THIS VIDEO
BECAUSE IT DOES SHOW THE PALM BENT. SO NO, THE VIDEO CLIP IS
NECESSARY.
PLUS, YOUR HONOR, LET ME INDICATE THIS.
THE WITNESS WAS PRESENT AND CAN HELP TO AUTHENTICATE
THAT VIDEO. HE WAS WATCHING THE GAME, PRE-GAME, HALF TIME,
POSTGAME, AND HE CAN TELL US THAT THIS IS THE GAME FROM WHICH HE
TOOK THE PHOTOGRAPHS.
MR. BLASIER: I'M GOING TO OBJECT, LACK OF FOUNDATION,
CUMULATIVE. WE'VE GOT HOW MANY? WE'VE GOT 14, 15 PICTURES
ALREADY AND THIS IS ONLY THE SECOND WITNESS.
MS. CLARK: YOUR HONOR, THIS WITNESS --
THE COURT: HOLD ON. LET ME LISTEN TO MR. BLASIER.
MR. BLASIER: I OBJECT. WE'RE NOT STIPULATING TO A
FOUNDATION. I THINK THEY SHOULD SHOW FOUNDATION FIRST.
MS. CLARK: THERE'S NO FOUNDATION ISSUE. WE'RE GOING TO
HAVE A REPRESENTATIVE HERE, BUT HE CAN HELP TO LAY THAT
FOUNDATION BY INDICATING TO THE JURY THIS IS WHAT HE SAW, HE WAS
PRESENT, THIS IS THE GAME DURING WHICH HE TOOK HIS PHOTOGRAPHS
AND THIS IS WHAT HE SAW.
THE COURT: HAVE YOU SHOWN THIS VIDEO TO MR. RENKEN?
MS. CLARK: I DON'T KNOW IF THEY HAVE OR NOT. WANT ME TO
FIND OUT?
MR. BLASIER: I THINK WE NEED TO PREVIEW IT. WE HAVE SOME
CLIPS, BUT --
MS. CLARK: HE WAS OBVIOUSLY THERE.
THE COURT: LET ME HAVE THE JURORS STEP OUT.
IF YOU CAN MAKE THE REPRESENTATION TO ME BASED ON
WHAT HE SAW, HE CAN SAY THIS IS THE GAME HE WAS AT AND, "THOSE
ARE THE THINGS THAT I PHOTOGRAPHED," THAT'S ONE THING. BUT
WITHOUT THAT FOUNDATION -- AND IF YOU ARE NOT CERTAIN, WE'LL HAVE
THE JURY STEP OUT AND WE'LL PREVIEW THE TAPE AND SEE.
MS. CLARK: ALL RIGHT.
MR. COCHRAN: WHILE WE ARE HERE, CAN WE FIND OUT WHO THE
OTHER WITNESSES ARE?
THE COURT: I ASSUME MORE PHOTOGRAPHERS.
MS. CLARK: YEAH.
THE COURT: ALL RIGHT.
****
(THE FOLLOWING PROCEEDINGS WERE
HELD AT THE BENCH:)
THE COURT: WE'RE OVER AT THE SIDEBAR.
MR. COCHRAN, YOU INDICATED MR. DENNIS FISHER IS GOING
TO BE TAKING A WRIT FOR YOU?
MR. COCHRAN: YES, YOUR HONOR.
THE COURT: I FORGOT TO ASK YOU, IS THERE ANY -- ARE THERE
ANY MATERIALS THAT YOU WANT MY STAFF TO PUT TOGETHER TO ASSIST
YOU IN DOING THAT AS I OFFERED TO THE PROSECUTION?
MR. COCHRAN: YES, WE DO, YOUR HONOR. WE TALKED TO DENNIS.
THE COURT: WHY DON'T YOU WRITE OUT A LIST OF THOSE
MATERIALS YOU WISH TO HAVE --
MR. COCHRAN: FROM YOU?
THE COURT: -- PREPARED BY THE COURT STAFF.
MR. COCHRAN: OKAY.
THE COURT: AND SUBMIT THAT TO MRS. ROBERTSON. SO I'LL HAVE
MY STAFF ASSIST IN PUTTING THAT TOGETHER.
MR. COCHRAN: OKAY.
THANK YOU.
****
(THE FOLLOWING PROCEEDINGS WERE
HELD AT THE BENCH:)
THE COURT: OKAY.
WE'RE OVER AT THE SIDEBAR.
MR. BLASIER.
MR. BLASIER: THIS IS ANOTHER WITNESS WHO SAW BLACK GLOVES.
I WOULD OBJECT AS CUMULATIVE AT THIS POINT. PARTICULARLY, BLACK
GLOVES OBVIOUSLY ARE NOT THE GLOVES IN EVIDENCE. SO I THINK THEY
HAVE VERY LITTLE PROBATIVE VALUE.
THE COURT: MISS CLARK.
MS. CLARK: I'M HAVING A HARD TIME HEARING BECAUSE COUNSEL
IS SPEAKING TO MR. DARDEN. BUT WE'VE ALREADY WITHDRAWN OTHER
CUMULATIVE WITNESSES.
THIS IS THE ONLY WITNESS I BELIEVE FROM THIS
PARTICULAR GAME. YEAH. THIS IS THE ONLY WITNESS FROM THIS GAME.
WHAT I'VE DONE IS PARED IT DOWN CONSIDERABLY SO THAT WE DON'T
DUPLICATE.
THE COURT: LET ME ASK YOU THIS THOUGH. THE OBJECTION IS,
SINCE THEY'RE BLACK GLOVES, NOT BROWN GLOVES, WHAT'S THE
PROBATIVE VALUE?
MS. CLARK: GOES TO HABIT AND CUSTOM OF WEARING GLOVES
DURING THE GAME. AND WE'LL SHOW A CONSISTENT HABIT OF HIM HAVING
WORN THESE GLOVES DURING THE GAME.
NOW, MR. SCHOTT ALSO IS VERY RECENT IN TIME, YOUR
HONOR. SHOWS THAT HE'S STILL WEARING THEM THE END OF '93.
AND DON'T FORGET, NICOLE BOUGHT HIM TWO PAIR. THAT
WAS THE INITIAL PROOF IN PEOPLE'S CASE IN CHIEF. THERE WERE TWO
PAIRS PURCHASED.
AND THE FACT THEY ARE A DIFFERENT COLOR IS VERY
RELEVANT TO SHOW THAT THE PAIRS HE WINDS UP WITH IN THESE
VIDEOTAPES ARE THE ONES SHE BOUGHT AND ARE THE ONES THAT SHE
BOUGHT FOR HIM AND THAT THE CRIME SCENE GLOVES ARE ONE OF THOSE
PAIRS.
MR. BLASIER: THE PROOF WAS NOT THAT SHE BOUGHT HIM TWO
PAIRS OF GLOVES. THERE'S NOTHING ON THE RECEIPT SHOWING THEY
WERE FOR HIM. THERE'S NOTHING ON THE RECEIPT SHOWING THE COLOR.
THE FACT THAT HE WEARS GLOVES AS A COMMENTATOR IN THE
WINTER IS NOT AN UNUSUAL HABIT AND CUSTOM. THAT DOESN'T -- I
WOULD OBJECT TO ANY FURTHER --
THE COURT: OBJECTION WILL BE OVERRULED. THERE IS
PROBATIVE VALUE SINCE I DON'T THINK IT'S UNUSUAL THAT SOMEBODY
WOULD BUY A BLACK AND A BROWN PAIR. I OFTEN BUY SHOES, BOTH
BLACK AND BROWN, THE SAME MAKE, DEPENDING WHAT I USE THEM FOR.
THAT'S NOT UNUSUAL.
BUT AFTER A COUPLE OF BROWN PAIRS AND A COUPLE OF
BLACK PAIRS, IT'S GOING TO START GETTING CUMULATIVE.
THIS IS THE MOST RECENT ONE YOU HAVE.
PROCEED. MAKE IT QUICK.
MR. COCHRAN: JUDGE, DO WE HAVE ANY IDEA WHO THESE OTHER
WITNESSES ARE? WE'RE NOT READY TILL WEDNESDAY. YOU KNOW THAT.
THE COURT: ALL RIGHT. LET'S GO.
MS. CLARK: YOUR HONOR, I JUST WANTED TO TURN OVER
DISCOVERY TO MR. BLASIER. THIS WAS -- I ASKED -- I MET WITH
THESE WITNESSES YESTERDAY FOR THE FIRST TIME. I ASKED THAT A
REINTERVIEW BE DONE BY THE INVESTIGATOR BECAUSE MR. SCHOTT, WHO
TEACHES PHOTOGRAPHY, GAVE ME ADDITIONAL INFORMATION CONCERNING
LIGHTING CONDITIONS AND USE OF A FLASH.
I ASKED THAT THIS REPORT BE TURNED OVER IMMEDIATELY
THIS MORNING OF INTERVIEWS CONDUCTED THIS MORE.
THE COURT: DO YOU WANT TO TAKE A BREAK AT THIS POINT, MR.
BLASIER, AND TAKE A LOOK AT THAT?
MR. BLASIER: NO, IF WE ARE JUST DOING PHOTOGRAPHS.
MS. CLARK: I'M JUST GOING TO ASK HIM ABOUT THE
PHOTOGRAPHS. CAN YOU LOOK AT THAT, BOB, SEE IF YOU CARE ABOUT
THE ADDITIONAL PORTION? IT'S KIND OF COMMON SENSE, BUT --
THE COURT: ARE YOU READY?
MR. BLASIER: YES.
THE COURT: LET'S GO.
****
(THE FOLLOWING PROCEEDINGS WERE
HELD AT THE BENCH:)
THE COURT: WE'RE OVER AT THE SIDEBAR.
MR. BLASIER: THIS IS -- I'M NOT PREPARED TO CROSS-EXAMINE
HER BECAUSE THIS IS A GAME WE JUST GOT THE VIDEO ON AND NEVER
SEEN.
MS. CLARK: NO. WE DIDN'T -- WE DON'T HAVE THE VIDEO. WE
ASKED FOR IT A WEEK AGO AND WAS NEVER SENT TO US.
MR. BLASIER: OKAY.
THE COURT: OKAY.
LET'S GO.
MS. CLARK: WE'RE TRYING. WE INTEND TO HAVE ONE SOMEDAY,
YES.
MR. COCHRAN: THIS CASE WILL BE OVER SOMEDAY TOO, WON'T IT?
MS. CLARK: I DON'T KNOW BASED ON THE WAY DEFENSE IS GOING.
THE COURT: I HOPE SO.
HOLD IT, HOLD IT, HOLD IT, HOLD IT.
YOU ARE READY TO GO?
MR. BLASIER: THIS MORNING, THEY LISTED THREE VIDEOS THAT
CAME IN THIS MORNING. WAS THIS ONE OF THEM?
MS. CLARK: WE HAVE NO VIDEO FOR HER RIGHT NOW. IT DID NOT
COME IN.
LET ME INDICATE THOUGH TO THE COURT THOUGH, BECAUSE
THIS IS REALLY IMPORTANT, WE'VE ASKED FOR IT A WEEK AGO AND NBC
HAS BEEN VERY, VERY UNCOOPERATIVE WITH US. THEY REFUSE TO HONOR
OUR SUBPOENA BECAUSE THERE WAS A TYPOGRAPHICAL ERROR IN THE SDT.
WE NEED TO TAKE THIS UP WITH THE COURT. WE ALSO HAVE
A VIDEO CLIP FOR WHICH WE DO NOT HAVE A STILL PHOTO THAT WE NEED
TO BE ABLE TO SHOW THE JURY THAT WE'VE TRIED TO OBTAIN THROUGH
ONE OF THEIR REPRESENTATIVES.
AS THE COURT KNOWS, THE NBC ATTORNEY IS FIGHTING
BRINGING IN THE CUSTODIAN TO TESTIFY INSISTING THAT THE COURT
FORCE A STIPULATION ON THE PARTIES OF SOME KIND OR ANOTHER TO
AUTHENTICATE THE TAPE. SO WE NEED TO RESOLVE THAT ISSUE BEFORE
WE COMPLETE THE TESTIMONY NECESSARY FOR THE FOUNDATION FOR
RICHARD RUBIN'S TESTIMONY.
SO A COUPLE THINGS. WE'RE STILL WAITING FOR THE
TAPE.
THE COURT: LET'S CONCLUDE MISS GUIDERA.
ALL RIGHT.
