Superior Court Judge Lance Ito put off deciding Friday whether prosecutors have any right to hear a deputy's account of what O.J. Simpson shouted during a jail conference.
The former football star's chief defender suggested Ito might have set the stage for conditions that allowed Simpson's words to be overheard in the jail where he is being held on double murder charges.One defense lawyer argued Simpson's overheard remarks should be kept secret because the jailer who overheard him weeping and shouting may have caught only part of a conversation and could reach the wrong conclusion.
"We can imagine a situation where Mr. Simpson would say: `I am so depressed. I can't imagine a situation where people I know would go on television and say I did it, I killed two people.' And a deputy heard only a snippet of it," said attorney Gerald Uelmen.
Taking such a remark out of context could lead to false claims that Simpson confessed during the conversation with Rosey Grier, the former football star who is now an ordained minister, Uelmen said.
The judge didn't immediately rule on whether the prosecution may be privy to the reported comment.
The judge said he wanted to research the issue and would try to rule by Monday on whether prosecutors can be given the jailer's account.
Court was officially recessed until Jan. 4, when jurors will return to get instructions for the trial.
Ito also put off until Monday ruling on whether a DNA admissibility hearing will be held before testimony begins. The defense has made an unusual proposal - opposed by the prosecution - to have jurors listen to the admissibility evidence and arguments during the trial.