UNIVERSITY DAILY KANSAN
Wednesday, April 5, 1995
7B
Stains, lies and videotape in Ito's courtroom
The Associated Press
LOS ANGELES — The tan interior of O.J. Simpson's Bronco was stained with red and brown spots, a criminalist testified yesterday as he gave jurors a meticulous accounting of every splatter and smear that might link Simpson to murder.
Standing before a display of photos, Dennis Fung pointed again and again to eight stains found inside the white Ford Bronco prosecutors contend Simpson drove the night his ex-wife, Nicole, and her friend, Ronald Goldman, were slashed to death.
However, Fung didn't immediately identify the stains as blood. Previously, a prosecutor promised in opening statements that scientific tests would link the stains to the blood of Simpson and the victims.
The hesitancy to state outright that they were blood stains reflected caution by the prosecution in presenting scientific evidence that the defense plans to challenge for accuracy.
Before Fung began his testimony, Superior Court Judge Lance Ito imposed sanctions on the prosecutors for withholding evidence from the defense, and for using evidence that had been barred in a pretrial hearing. An exasperated Ito
ordered prosecutors to give him an inventory of every videotape in the case.
"This is the second time the prosecution has popped up late with a videotape," it said.
Earlier in the trial, the prosecution delayed disclosing a home video of Simpson at his daughter's dance recital just hours before the June 12 slavings.
Deputy District Attorney Cheri Lewis further incurred the judge's ire when she argued that the recital tape was immaterial to the case.
"How can you say it was not material evidence when the prosecution's theory is that there was this tension that night, and he was glowering at people?" the judge asked. "Yet, we see him greeting the Brown family ... and smiling and greeting his children."
Lewis persisted in her position, saying Simpson's demeanor after
the recital showed merely that he had a public face and an private face.
As for the current tape, which police said recorded their search of Simpson's home to protect them from future claims of damage or theft, Lewis said neither she nor any other prosecutors knew about it until recently. Police said the videotape sat for months at a police station.
Therefore, Ito ordered the prosecution to catalog every piece of videotape footage it has recorded since the case began and deliver it to him by Friday.
Ito noted that defense attorneys repeatedly asked for the tape, which they knew existed, but the prosecution didn't do an adequate search to find it.
In addition, the judge ordered jurors to disregard two pieces of evidence Fung discussed Monday: an airline ticket and a baggage tag found in Simpson's home.
Defense lawyer Gerald Uelman said the testimony violated a pretrial agreement not to use the items without substantial litigation to decide their admissibility.
Deputy District Attorney Hank Goldberg, who noted he was a late addition to the prosecution team, said he was unaware of the agreement.
"It was an error," Goldberg said.
"It was a mistake."
Ito told jurors the prosecution had broken an agreement between attorneys, and they should disregard Fung's testimony about the ticket and tag. He delayed ruling on defense requests for harsher sanctions, including fines on prosecutors.
Uelmen indicated at one point the defense would be willing to drop some of its complaints if Ito would lift a sanction previously imposed on the Simpson team for withholding an investigator's report on his interview of witness Rosa Lopez. The judge fined two defense lawyers $950 each and said he would give a harsh instruction about the discovery violation if and when her taped testimony is presented to jurors.
Uelmen asked for even another sanction yesterday because the prosecution belatedly turned over more than 200 pages of material about shoeprints, presumably relating to bloody鞋prints found at the murder scene.
The legal arguments, which kept jurors waiting in an ante room for more than two hours, were more protracted than to expected. In the future, he said, he would schedule hearings without the jury at the end of regular court days.
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