Xref: world alt.fan.oj-simpson:66044 alt.fan.oj-simpson.transcripts:388 Newsgroups: alt.fan.oj-simpson.transcripts,alt.fan.oj-simpson Path: world!uunet!in1.uu.net!news.sprintlink.net!noc.netcom.net!netcom.com!myra From: myra@netcom.com (Myra Dinnerstein) Subject: SIDEBAR - September 12, 1995 Message-ID: Organization: NETCOM On-line Communication Services (408 261-4700 guest) Date: Thu, 28 Sep 1995 01:10:11 GMT Approved: myra@netcom.com Lines: 79 Sender: myra@netcom12.netcom.com Sidebar from September 12, 1995 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:) THE COURT: WE'RE OVER AT THE SIDEBAR. MR. DARDEN, MY RECOLLECTION IS THAT THE NBC TAPE YOU STILL HAVEN'T SEEN FROM WHICH GAME WAS IT? THE BENGALS GAME? MR. DARDEN: INDIANAPOLIS COLTS. THE COURT: GUIDERA VIDEOTAPE. ARE YOU PLANNING ON RECALLING RUBIN AFTER YOU SEE THAT TAPE? MR. DARDEN: IN ALL HONESTY, NO. THE COURT: IS THAT IT? MR. DARDEN: THAT'S IT UNLESS I SEE SOMETHING IN THE INDIANAPOLIS COLTS GAME THAT I FIND SO PERSUASIVE THAT I WOULD WANT TO BRING HIM OUT. THE COURT: THIS IS LOGICALLY THE END OF GLOVE 2? MR. DARDEN: YES. MS. CLARK: WELL -- MR. COCHRAN: EXCEPT HE WANTED TO RESERVE EXCUSING HIM. THE COURT: I UNDERSTAND. MR. BLASIER: IF THEY -- THE COURT: BUT OUR DIFFICULTY BEING, I DIDN'T KNOW IF THE PROSECUTION WAS GOING TO OFFER ANYTHING MORE WITH THE NEW VIDEOTAPES. MS. CLARK: LET ME MAKE IT CLEAR. MR. COCHRAN: ONE PERSON, JUDGE. THE COURT: I'M SORRY. MR. DARDEN: LET ME MAKE IT CLEAR. MR. COCHRAN: SOUNDS JUST LIKE HER. MR. DARDEN: YOU KNOW, WE'RE CONCERNED ABOUT -- MY CONCERN IS THIS. IF THE INDIANAPOLIS COLTS TAPE SHOWS TO BE A NECESSARY TAPE, IF I COME IN AND LAY A FOUNDATION FOR NBC TO PLAY IT, THEN I'M GOING TO WANT TO PLAY IT. MY ONLY CONCERN IS THIS. WE MIGHT NEED RUBIN BACK FOR FOUNDATIONAL REASONS. BUT I DON'T EXPECT THAT THAT'S GOING TO BE A PROBLEM. COULD BE. SO I DON'T WANT TO GIVE THE IMPRESSION THAT THERE'S NO WAY WE ARE GOING TO CALL HIM BACK. THE COURT: LET ME ASK YOU THIS, MR. BLASIER. AS TO WHAT'S BEEN PRESENTED SO FAR, DO YOU FEEL YOU'VE COMPLETED CROSS-EXAMINATION? MR. BLASIER: IF THEY'RE NOT GOING TO PRESENT THE VIDEO, HE'S SUBJECT TO RECALL, BUT WE'RE NOT GOING TO BRING HIM BACK. MR. DARDEN: I HAVEN'T SAID WHETHER I'M GOING TO PUT IT ON OR NOT. I HAVEN'T SEEN IT. THE COURT: I UNDERSTAND. SO BOTH SIDES UNDERSTAND, MR. RUBIN MAY STILL BE RECALLED IF SOMETHING TURNS UP ON THE INDIANAPOLIS COLTS VIDEO. OKAY. I JUST WANTED TO MAKE IT CLEAR THAT SINCE WE DON'T HAVE THE TAPE, WE ARE NOT GOING TO TALK TO RUBIN ABOUT IT TODAY, I AM GOING TO LET THE GUY GO. BUT I'M SURE IF WE PICK UP THE PHONE AND CALL HIM, TELL HIM TO COME BACK, HE'LL COME BACK. MS. CLARK: LET ME ASK YOU FOR GUIDANCE ON THIS. IF WE GET THE TAPE AND WANT TO SHOW IT, I BELIEVE WE'LL GET IT WITH A 1560 AFFIDAVIT. I'D LIKE TO SAVE TIME AND JUST SHOW THE TAPE WITHOUT HAVING TO RECALL RUBIN. THE COURT: WELL, IT DEPENDS. MR. DARDEN: THAT'S WHAT I SAID. MR. COCHRAN: HOW CAN WE ANSWER THAT? I'M NOT ANSWERING NOTHING UNTIL I SEE THE TAPE. MS. CLARK: I UNDERSTAND. I'M TELLING THE COURT WHERE I AM GOING WITH THIS. THE COURT: I'M JUST SEEING WHERE WE ARE AT THIS POINT. THERE'S A POSSIBILITY ONE SIDE OR THE OTHER MAY WANT TO CALL RUBIN IN LIGHT OF WHAT THE TAPE SHOWS. THAT'S SO WE'RE ALL CLEAR. MR. COCHRAN: WHERE DO WE GO FROM HERE SO WE KNOW ON SIMS? DID WE GET A RULING ON THAT? THE COURT: I'M ABOUT TO. I SAID I'LL GET TO IT WHEN I GET TO LOOK AT THE STUFF. MR. COCHRAN: THEY'RE LEAVING AT 4:00 ANYWAY. THE COURT: I THINK I'M GOING TO KICK THEM LOOSE AT THIS POINT. MR. COCHRAN: WE HAVE SOME OTHER MOTIONS TO TALK ABOUT. THE COURT: ALL RIGHT.