Sidebar: cross-examination scope

📄 Sidebar: cross-examination scope — Monday, November 18, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\18\SIDEBAR-CROSS-EXAMINATION-SCOP.DOC

TRIAL

▲ Day 17 of 57

◀ Direct examination of John Edwards (afternoon) Cross-examination of John Edwards (part 1) ▶

Date: Monday, November 18, 1996 • Utterances: 11

Plaintiffs' attorney John Kelly asked the judge to bar the defense from referencing the Christopher Commission report during cross-examination of a police officer witness. Kelly argued the report was a statistical analysis that never interviewed officers or complainants and had no sustained findings against this officer. Judge Fujisaki sustained the objection, but allowed inquiry into any direct threats the officer allegedly made to O.J. Simpson.

# 1 MR. KELLY:

Judge, could we approach just briefly again on one matter?

# 2 THE COURT:

On what?

# 3 MR. KELLY:

It's related to something different than before.

# 4 THE COURT:

All right.

# 5 (The following proceedings were heard at the bench, with the reporter.)

# 6 MR. KELLY:

Your Honor, this has to do with cross-examination of this witness. That's why I'm bringing this up right now. It wasn't related to what we were discussing before.

In Mr. Baker's opening statement he made reference to this witness being named in what's called a Christopher Commission report, which was a report compiled by independent attorneys and others that cited 44 police officers for certain alleged violations such as unusual use of force.

The way this report was filed was, this commission did a statistical analysis using computers to determine which officers had the most complaints lodged against them. They never interviewed the police officers; they never interviewed any of the complainants; there's no document that's relied upon at all by the Los Angeles Police Department, and none of the complaints against this particular officer have ever been sustained.

None of the complaints alleged in there related to this particular incident of New Year's Day, 1989.

I would ask that the defense be precluded from referring to the Christopher Commission or its substance in the context of their cross-examination.

# 7 MR. BAKER:

Well, Number one, the Christopher Commission report is relied upon by the LAPD.

Number two, he was an officer that was -- he -- it was indicated was one of the worse. And -- Of the 9,000 in LA.

Number three, there will be testimony about his threats of violence to O.J. Simpson while he was at the gate, and his demeanor is consistent with -- at the gate, although he certainly denies it now. He's the model of decorum now, that in fact, he was abusive to Simpson. And it was witnessed by Michelle, the housekeeper, and it's been testified to by O.J.

# 8 THE COURT:

I'll sustain the objection as to reference to the Christopher Commission.

You may inquire about any threats he made.

KEY QUOTE

# 9 MR. PETROCELLI:

To Mr. Simpson?

# 10 THE COURT:

Yeah, to explain his absence from the scene.

# 11 (The following proceedings were held in open court, in the presence of the jury.)

Temperature

tense

Key Quotes (3)

John Kelly

They never interviewed the police officers; they never interviewed any of the complainants; there's no document that's relied upon at all by the Los Angeles Police Department, and none of the complaints against this particular officer have ever been sustained.

Core argument for exclusion — attacking the methodological reliability of the Christopher Commission report as a basis for impeachment.

Robert Baker

He was an officer that was -- he -- it was indicated was one of the worse. And -- Of the 9,000 in LA.

Baker attempting to establish the officer's history of misconduct to support the defense narrative that he was abusive toward Simpson.

Hiroshi Fujisaki

I'll sustain the objection as to reference to the Christopher Commission. You may inquire about any threats he made.

Split ruling — excludes the report but opens the door to testimony about specific alleged threats, which is the more damaging avenue anyway.

Evidence (1)

Informal

Christopher Commission report — independent statistical analysis identifying 44 LAPD officers with high complaint rates, including alleged use of force violations

challenged; ruled inadmissible for cross-examination

Notable Exchanges (2)

John Kelly•Robert Baker•Hiroshi Fujisaki

Kelly sought to preemptively block use of the Christopher Commission report; Baker argued it was relied upon by LAPD and supported the defense's narrative of the officer's abusive conduct toward Simpson at the gate; Fujisaki excluded the report but preserved the threat-based inquiry.

strategic

Daniel Petrocelli•Hiroshi Fujisaki

Petrocelli sought clarification on whether the allowed threat inquiry was directed at Simpson specifically; Fujisaki confirmed yes, framed around explaining the officer's absence from the scene.

procedural

Credibility Attacks (1)

⚔ police officer witness (unnamed in transcript)

prior bad acts / institutional report

Defense sought to use the Christopher Commission report to impeach the officer as one of the worst among 9,000 LAPD officers; also intended to introduce testimony from Michelle the housekeeper and O.J. Simpson about threats at the gate on New Year's Day 1989.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 8317 • 11 utterances

Civil Trial

Department 103