Back on the record in the Simpson matter. Mr. Simpson is again present before the Court with his counsel, Mr. Shapiro, Mr. Cochran, Mr. Blasier, Mr. Scheck, Mr. Neufeld. Mr. Douglas.
Wait a minute. I need to do the other side. The People are represented by Mr. Clarke and Mr. Darden. Mr. Douglas, good morning.
I have a small matter, your Honor, that my client has brought to my attention concerning discovery. There was, in Miss Lewis' comments yesterday to the Court, a repeated mention of there having been thousands of dollars of cash that was in some bag of Mr. Simpson's on the 17th when he was arrested. Everything that I know about the case belies that contention, that there were not thousands of dollars of cash in Mr. Simpson's bag or in his possession, and I would simply want to ask the District Attorney's office for whatever discovery they may have confirming the allegations that Miss Lewis makes, because Mr. Simpson believes it not true and wants to see what facts they are basing the claim that thousands of dollars were in his possession on the 17th. It is a small matter and hopefully can be resolved informally.
All right. Mr. Douglas, we do have a discovery matter set for this afternoon, so we will take it up on that calendar.
I have two items. One, at the Court's convenience we would like to approach you at side bar, it doesn't have to be right now. It relates solely to scheduling of witnesses.
The second item relates to the evidence yesterday, and the Court will recall, I'm sure, when the Court asked the witness a question about controversy, we believe that to be clearly a Frye general acceptance type question. And at this point our only concern is with regard to further questioning in that area by the Defense and at that point I just want to alert the Court, we believe that truly to be Frye general acceptance type questioning, and if that occurs, then obviously we are going to object as totally irrelevant to this proceeding.
Sure. Your Honor, I think there is no question that to the extent that the witness acknowledges or facts come out that certain assumptions or methods that they are relying on here are highly contested or controversial, is not just a Frye issue but also is a question of weight for the consideration of the jury. The jury can decide how much weight to give the testimony on the weight, depending upon whether there is a consensus behind it or whether it is a minority position. Whether or not it is admissible, I think the jury is free to give it as much value as they see fit, and one of the ways they can assess that value is by knowing that significant numbers of the community, both in stature and number, disagree.
Perhaps, but the manner in which it was attempted yesterday was not appropriate. All right. Let's have the jury.
KEY QUOTEYour Honor, so that we can avoid any other controversy, I was going to ask the witness as a first question whether or not having--
Thank you, ladies and gentlemen. Please be seated. All right. Mr. Neufeld, with the court reporter, please.
Mr. Simpson believes it not true and wants to see what facts they are basing the claim that thousands of dollars were in his possession on the 17th.
Whether or not it is admissible, I think the jury is free to give it as much value as they see fit, and one of the ways they can assess that value is by knowing that significant numbers of the community, both in stature and number, disagree.
Perhaps, but the manner in which it was attempted yesterday was not appropriate.