Xref: world alt.fan.oj-simpson:66047 alt.fan.oj-simpson.transcripts:390 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: SIDEBARS - September 13, 1995 Message-ID: Organization: NETCOM On-line Communication Services (408 261-4700 guest) Date: Thu, 28 Sep 1995 01:11:30 GMT Approved: myra@netcom.com Lines: 124 Sender: myra@netcom12.netcom.com Sidebars from September 13, 1995 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:) THE COURT: ALL RIGHT. WE ARE OVER AT THE SIDE BAR. MR. SCHECK: YOUR HONOR -- THE COURT: MR. SCHECK, WHAT IS YOUR CONCERN? MR. SCHECK: MY APPLICATION IS THAT IN ORDER TO EXPEDITE MATTERS, AND IN VIEW OF THE FACT THAT THERE IS SOME ISSUE ABOUT MR. DE FOREST AND THE WHOLE QUESTION OF EXCULPATORY EVIDENCE, WHAT I WOULD LIKE TO DO NOW IS MAKE MR. SIMS MY OWN WITNESS AND ASK HIM ABOUT HIS JULY 17TH EXAMINATION OF THE SOCK WHEREIN HE FOUND A WET TRANSFER ON SURFACE 3 OF THE SECOND SOCK THAT WAS IN THE AREA THAT HE TYPED OF CONSISTENT WITH NICOLE BROWN SIMPSON. I REALIZE THAT THIS WOULD MAKE HIM OUR WITNESS AT THIS POINT IN TIME, BUT IT SAVES US CALLING HIM BACK FOR A SURREBUTTAL CASE. MR. HARMON: CAN I RESPOND TO THAT? UMM, THEY HAVEN'T EVEN RESTED THEIR CASE YET. HE IS GOING TO BE BACK WITH THE FIFTH PROBE RESULT, BECAUSE IT IS GOING TO DRAG ON FOR WEEKS AND WEEKS. THAT IS JUST NOT APPROPRIATE AT THIS TIME. WE WILL BE HAPPY TO MAKE HIM AVAILABLE. WE CALLED HIM FOR A VERY LIMITED REASON. WE REALLY ARE TRYING TO GET THIS CASE TO THE JURY AND THAT IS JUST GOING TO REOPEN -- THEY HAVE NEVER -- WELL, WHAT ABOUT THE THREE-DAY RULE? HE HAS NEVER MENTIONED THAT HE WAS GOING TO DO THAT. IF HE WANTS HIM CALL HIM AS HIS WITNESS, GIVE US THREE DAYS' NOTICE AND WE WILL HAVE HIM BACK. MAYBE HE WILL HAVE RESTED BY THEN OR MAYBE HE WILL BE THE LAST WITNESS IN THEIR CASE IN CHIEF. WELL, I DON'T WANT TO TELL YOU WHAT THIS IS. MR. SCHECK: FRANKLY, THE FACT THAT WE HAVEN'T RESTED ONLY ADDS TO THE APPROPRIATENESS OF DOING IT NOW AND THE FACT THAT WE HAVE THIS WHOLE PROBLEM OF SOMETHING -- A SUBSEQUENT TEST PERFORMED BY HIM AND DR. DE FOREST ON JULY 17TH THAT WE BELIEVE IS EXCULPATORY EVIDENCE. AND ALL I'M SEEKING PERMISSION TO DO IS TO GET IT ON NOW AND SAVE US SOME TIME. MR. HARMON: THE SAME AMOUNT OF TIME NOW OR LATER, YOUR HONOR. YOU KNOW, WE DO HAVE A THREE-DAY RULE; ALTHOUGH I NEVER SAW THEM HELD TO IT IN THEIR CASE. SO I INSIST HE WILL BE AVAILABLE. I WILL MAKE HIM AVAILABLE. I WILL ANY BACK AND FORTH WITH HIM. BUT THEY WANT TO OBSCURE THESE POWERFUL RESULTS AND THAT IS ALL THIS IS. THE COURT: ALL RIGHT. THE PEOPLE'S OBJECTION IS SUSTAINED. MR. HARMON: THANK YOU. **** (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:) THE COURT: WE ARE AT SIDEBAR. MS. CLARK: I JUST WANTED TO ASK THE COURT, ARE YOU GOING TO SAY ANYTHING AS TO THE AUTHENTICATION OF IT OR THE EXCISION -- THE COURT: WHAT I AM GOING TO DO, I AM GOING TO RESTATE THE INSTRUCTION THAT IT'S FOR THE LIMITED PURPOSE OF THE UNAVAILABILITY OF MR. PERATIS AND THAT THE EDITING THAT'S APPARENT IN THE TAPE WAS DONE AT THE COURT'S DIRECTION. MS. CLARK: OKAY. WOULD THE COURT ALSO PERMIT ME TO INTRODUCE BY WAY OF MR. OPPLER THE STATEMENT BY THANO PERATIS THAT WAS MADE ON THE TAPE CONCERNING THE REASONS THAT PROMPTED HIM, BECAUSE IT CAN'T BE HEARSAY. SOME OF THIS IS OFFERED FOR THE TRUTH OF THE MATTER. SO IT'S NOT HEARSAY. THE COURT: NO. MR. COCHRAN: IT'S NOT RELEVANT. MS. CLARK: IF IT'S NOT RELEVANT, WHY ARE THEY OFFERING IT? THE COURT: I'LL SUSTAIN THE OBJECTION AT THIS POINT. **** (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:) THE COURT: WE'RE OVER AT THE SIDEBAR. MR. NEUFELD: I CAN ONLY TELL YOU, BEST OF MY RECOLLECTION, WE HAVEN'T SEEN THE REPORT. THE COURT: DO YOU HAVE A COPY WITH YOU? MS. CLARK: I'VE NEVER SEEN ONE EITHER, YOUR HONOR. DIANA IS GOING THROUGH HANK'S BOOK TO SEE IF THERE'S ANYTHING. WE'VE NEVER SEEN ONE. THE COURT: WANT TO TAKE A BRIEF RECESS? MR. NEUFELD: I'D LIKE TO TAKE A RECESS. MS. CLARK: PROBABLY ONE OF THOSE ONE-LINE THINGS THAT SAY, "I VIDEOTAPED ON THIS DAY." THE COURT: OKAY. IS THERE ANYTHING ELSE YOU CAN CROSS-EXAMINE ON? MR. NEUFELD: NO. I WOULD LIKE TO SEE THE REPORT BEFORE I CROSS-EXAMINE. MAYBE WE CAN TAKE A BRIEF RECESS, GET THE REPORT, AND THEN WE'LL RESUME, BECAUSE THAT'S THE ONLY WITNESS THEY HAVE. THE COURT: OKAY. **** (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:) THE COURT: WHAT'S ON THE REST OF THIS TAPE? MY RECOLLECTION -- WE WATCHED IT YESTERDAY ALMOST TO THE END OF THE TAPE. GOLDBERG SAYS GOOD-BYE. WHAT IS ON THE REST OF THE TAPE? MS. CLARK: THAT'S IT. THIS -- I THINK THIS IS LIKE A ONE-MINUTE -- I KNOW IT'S A ONE-MINUTE SEGMENT. AND THE REASON I WANT TO PLAY IT ALL UNTIL THEY SAY GOOD-BYE IS, THE IMPLICATION THAT IS MADE HERE, THERE'S SOME COACHING DONE. THEN THEY WENT BACK ON TAPE. AND IF ALL YOU HAVE IS A ONE-MINUTE SEGMENT, WHAT KIND OF COACHING WAS THERE? WHAT DOES THAT HAVE TO DO WITH ANYTHING? OBVIOUSLY IT BECOMES RELEVANT NOW. THERE'S NO STATEMENT. MR. COCHRAN: YOU WANT TO LOOK AT IT OVER THERE? THE COURT: NO. IF THAT'S YOUR -- MR. NEUFELD: I HAVE NO PROBLEM. THE COURT: ALL RIGHT. LET'S PROCEED.