SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
HON. HIROSHI FUJISAKI, JUDGE
REPORTER'S DAILY TRANSCRIPT
JANUARY 29, 1997
VOLUME 51

(Jurors resume deliberations at 8:35 am.)
(At 9:30 am jurors take morning break)
(At 9:30 am the following proceedings were held in chambers, outside
the presence of the jury.)
THE COURT: Okay. We're now addressing an application of plaintiff re
production of financial information by defendant. As I understand
Mr. Gold -- Gelblum's statement yesterday, the Court has previously
made orders in regards to this matter.
MR. GELBLUM: Yes.
THE COURT: And I asked that Mr. Gelblum and the plaintiffs yesterday
to indicate what it is that you wish in form of a relief and your
application re production of financial information that you filed
yesterday is -- Is simply a reiteration of the same order that has
already been issued. So I don't understand what relief you are
asking for.
MR. GELBLUM: They didn't comply with the order. I'm asking you to
order them.
THE COURT: You want another order for --
MR. PETROCELLI: Yes, if they violate that order, we're going to seek
contempt.
THE COURT: I have to make the order?
MR. PETROCELLI: What are we supposed to do?
THE COURT: Excuse me. I'm simply asking you what relief -- you know,
I'm not used to issuing the same order time and again and again.
Usually when I issue an order and there's contention that the order
has not been complied with, some relief is sought. This application
doesn't seek any relief.
MR. PETROCELLI: You make a good point. I'm not having to seek
contempt orders, I guess we'll have to do that. Okay.
THE COURT: Well, you know we're in the middle of a trial. We don't
know what the jury's going to return but assuming they return a
verdict that triggers the commencement of the second portion of
bifurcated trial to wit; punitive damages, what is the point of a
contempt order at this point?
MR. PETROCELLI: Let me explain to you. We have a couple of out of
town witnesses in this.
THE COURT: Let me explain to you what I mean by my rhetorical
question. That was a rhetorical question.
MR. PETROCELLI: Okay.
THE COURT: A contempt order would seem to me is going to be
nonproductive other than throwing people in jail or issuing fines.
Now, if this is a discovery order, I think one ought to consult
discovery statutes with regard to what possible recourses there are
to facilitate the completion of this trial in an orderly fashion.
MR. PETROCELLI: We'll seek orders of preclusion then.
THE COURT: I think that's what I was asking you to explore and give
me some points and authorities on so I can address this matter in a
realistic fashion.
MR. PETROCELLI: Okay.
THE COURT: I'm not a firm believer in contempt. I've only thrown one
person in jail in my life and this person got disbarred because of
his personal conduct.
MR. PETROCELLI: Don't like to have to do these things. I mean --
THE COURT: I understand that but I --
MR. PETROCELLI: I'm not accustomed to have to file repeat
applications.
THE COURT: I don't like to do idle acts either.
MR. PETROCELLI: I was hoping the defense would cooperate. We'll just
have to do what we have to do.
MR. GELBLUM: One problem we will, I guess, file something else if we
have to. But a problem with a preclusion order here is for example
we got no income information at all.
THE COURT: Mr. Gelblum, you propose I throw everybody in jail?
MR. GELBLUM: No, Your Honor, I asked you very specifically, I told
you in this order what I wanted to get to be produced by 5 o'clock
today.
THE COURT: You know, Mr. Gelblum, I can only sign an order. I can't
put people on a torture rack and extract things from them.
MR. GELBLUM: I'd ask you to sign this order if we don't get this,
we'll file something else tomorrow. This order has to be produced by
5 pm today.
THE COURT: I just simply want to bring to your attention that tempus
fugito. I assume you understand that much Latin.
MR. GELBLUM: Can we get this order if we don't go from here, we'll
get this one complied.
THE COURT: Respond to the application and I will rule.
MR. BAKER: Well, which account financial institution, I don't know
exactly what they mean number 2.
MR. GELBLUM: Which is exactly the stuff that was produced a year
ago. So, you know, exactly what I'm talking about exactly --
MR. BAKER: I'm not going to produce any breakdown of bills from our
firm or from anybody else relative to the attorney-client privilege.

MR. PETROCELLI: It's not privileged. Clear case.
MR. GELBLUM: Just the amount.
MR. PETROCELLI: We don't want -- we only want the amounts, not the
nature of the services. We want to see there are legitimate
obligations that's all.
THE COURT: Okay.
MR. PETROCELLI: Okay. We'll take the next step if we have to. Thank
you.
THE COURT: I'm not good at throwing people in jail.
MR. PETROCELLI: That's the last thing in the world I want to do too.

THE COURT: When you say contempt, that's what I see; jail or money.
MR. PETROCELLI: Okay.
THE COURT: And relationship to what you are trying to accomplish, I
imagine imposing fines are rather ineffectual and meaningless at
this stage of the proceedings.
MR. BAKER: You can't throw me in jail, I don't have access to that.
MR. PETROCELLI: Mr. Simpson.
THE COURT: We can throw . . .
(Indicating to Mr. P. Baker.)
(Laughter.)
MR. P. BAKER: Hey, I'm standing over here in the corner.
(Proceedings in chambers concluded at 9:35 am)
(The following proceedings were held in open court, in the presence
of the jury.)
(Jurors resume deliberations at 9:50 am)
(Jurors take morning break at 10:55 am)
(Jurors resume deliberations at 11:13 am)
(At 12 P.M. a recess was taken Until 1:30 of the same day.)
SANTA MONICA, CALIFORNIA;
WEDNESDAY, JANUARY 29, 1997 1:33 PM
HON. HIROSHI FUJISAKI, JUDGE
APPEARANCES:
(PER COVER PAGE.)
(REGINA D. CHAVEZ, OFFICIAL REPORTER)
(Jurors resume deliberations.)
(Recess at 3 p.m.)
(Jurors resume deliberations at 3:18 p.m.)
(Twelve sworn jurors resume their respective seats at 4:15 pm.)
(The following proceedings were held in open court, outside the
presence of counsel and the alternate jurors.)
THE COURT: Ladies and gentlemen you're excused for the evening.
Again don't talk about the case, don't form or express any opinions
until you are actually back in the jury room deliberating with all
12 of you present. Okay. And bear in mind the admonition that I've
given you every day. Don't listen to any radio, television, read any
stuff about this. Don't accept any phone calls with regards to your
capacity as jurors. Okay everybody understand that?
JUROR: Um-hum, yes.
(Jurors exit courtroom.)
(The notes of the proceedings at this point were ordered sealed by
the Court, not to be opened, Transcribed, or destroyed except upon
order of a Judge of the Superior Court.)
(At 4:15 P.M. an adjournment was taken until Thursday, January 30, 1997 at 8:30 A.M.)