Sidebar: juror incident

📄 Sidebar: juror incident — Tuesday, April 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\11\SIDEBAR-JUROR-INCIDENT.DOC

TRIAL

▲ Day 54 of 167

◀ Morning session opening Objection: glove videotape evidence ▶

Date: Tuesday, April 11, 1995 • Utterances: 28

Defense counsel Cochran raised concerns about the court's timeline for investigating a juror incident involving physical contact (kicking/pushing), urging Judge Ito not to underestimate the perception problem among jurors. Separately, prosecutor Goldberg raised a last-minute best evidence objection to a defense videotape purportedly showing a glove, claiming the copy in court was VHS rather than Beta.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 2 THE COURT:

SIDE BAR.

# 3 MR. COCHRAN:

JUST A MATTER OF PROCEDURE. I WANTED TO KNOW WHAT THE COURT'S INTENTION WAS. YOU RECALL THAT WE HAD RECEIVED A NOTE FROM ONE OR TWO OF THE JURORS REGARDING SOME INCIDENT INVOLVING BEING KICKED OR WHATEVER.

# 4 THE COURT:

UH-HUH.

# 5 MR. COCHRAN:

I THINK THAT THAT IS SOMETHING THAT THE COURT NEEDS TO INQUIRE INTO EARLIER, RATHER THAN LATER, AND I JUST WANTED TO ASK WHAT YOUR PLANS WERE.

# 6 THE COURT:

MY PLANS ARE TO BRING IN JEANETTE HARRIS AT FOUR O'CLOCK ON WEDNESDAY AND TO GO OVER THE SPECIFICS OF HER COMMENTS, AND SHE INCLUDES IN THAT THIS PARTICULAR INCIDENT, BEING INVOLVED IN IT, SO I WANT TO GET IT FROM HER FIRST. THEN I AM GOING TO INTERVIEW THE TWO OTHER PEOPLE INVOLVED AND THEN I WILL PROBABLY GO THROUGH AND TALK TO EACH ONE OF THE JURORS INDIVIDUALLY.

# 7 MR. COCHRAN:

OKAY. WILL WE BE DOING THAT AT THE END OF THE DAY?

# 8 THE COURT:

YES.

# 9 MR. COCHRAN:

THE END OF EACH DAY?

# 10 THE COURT:

YES.

# 11 MR. COCHRAN:

MY ONLY CONCERN WAS -- AND THAT'S FINE -- IS THAT -- I DON'T KNOW HOW THEY GET TO IT, BUT I WOULD NOT BE SURPRISED WERE THEY NOT CONCERNED ABOUT A LACK OF RESPONSE. SHE SAID THAT IN THE INTERVIEW WE HAVEN'T HEARD ANYTHING ELSE ABOUT IT, SO MAYBE IF THERE IS SOME WAY THE COURT WILL INDICATE SOMETHING WILL BE HAPPENING.

# 12 THE COURT:

I MUST TELL YOU, THOUGH, THAT PEOPLE BEING OUTRAGED AND OFFENDED BY SOMEBODY PERHAPS CROSSING OVER THEM AND INADVERTENTLY HITTING THEM, I MEAN, THIS INITIALLY STRUCK ME AS SOMETHING SO TRIVIAL TO BE UNBELIEVABLE.

# 13 MR. COCHRAN:

WELL, IT DEPENDS ON WHETHER IT WAS UNINTENTIONAL.

# 14 THE COURT:

I AGREE.

# 15 MR. COCHRAN:

IN THE MINDS OF -- AS PEOPLE.

# 16 THE COURT:

WE ARE TALKING ABOUT ONE INCIDENT OVER SEVERAL MONTHS OF TRIAL FILING IN AND OUT OF THE COURTROOM.

# 17 MS. CLARK:

LET'S NOT FORGET THIS IS ALSO THE WOMAN WHO CLAIMED THAT ANOTHER JUROR PUSHED HER.

KEY QUOTE

# 18 THE COURT:

YES.

# 19 MR. COCHRAN:

WHAT I'M SAYING, JUDGE, AGAIN I WANT YOU TO UNDERSTAND, I THINK -- AND I WANT TO MAKE THIS AS CLEAR AS I CAN, I THINK YOU SHOULD NOT UNDERESTIMATE THIS FROM THE STANDPOINT OF THIS CASE AND PEOPLE'S PERCEPTIONS.

# 20 THE COURT:

I UNDERSTAND THAT, MR. COCHRAN.

# 21 MR. COCHRAN:

SO I'M JUST SAYING -- AND IF PEOPLE HAVE THE PERCEPTION THAT YOU ARE NOT INTERESTED IN NOT DOING ANYTHING ABOUT IT, I'M TELLING YOU THAT I BELIEVE IT WILL RESULT IN FURTHER PROBLEMS. THAT IS JUST MY LITTLE HUMBLE GUESS.

# 22 THE COURT:

WELL, IT IS ALL A MATTER OF PRIORITIES, MR. COCHRAN.

# 23 MR. COCHRAN:

I JUST THOUGHT IF PEOPLE DON'T THINK WE ARE DOING ANYTHING -- I THINK WE HAVE TO GET ON WITH THE TRIAL.

# 24 THE COURT:

WE WILL BE ADDRESSING IT DIRECTLY TOMORROW.

# 25 MR. COCHRAN:

ALL RIGHT.

# 26 MR. GOLDBERG:

YOUR HONOR, ON A SEPARATE ISSUE AS TO THE VIDEOTAPE -- AS TO THE VIDEOTAPE THAT COUNSEL WANTS TO PLAY DEPICTING THE OBJECT THAT THEY ARE CONTENDING IS A GLOVE, WE'VE HAD THE TAPE LOOKED AT AND IT APPEARS THAT IT IS SHOT ON THE TAPE THAT WE HAVE IS VHS AND NOT BETA. WE HAVE A DECLARATION FROM THE EXPERT THAT I JUST GOT RIGHT NOW THAT I WOULD LIKE TO FILE WITH THE COURT, BUT THERE IS NOW A BEST EVIDENCE OBJECTION THAT WE WILL LODGE AND WOULD LIKE TO LODGE TO IT THAT WE WEREN'T AWARE OF AND COULD NOT HAVE BEEN AWARE OF.

# 27 THE COURT:

ALL RIGHT. WELL, I WILL HEAR IT IN OPEN COURT.

# 28 MR. COCHRAN:

LET ME SEE THAT. THANK YOU VERY MUCH. REMEMBER, THOU SHALL NOT WHINE.

Temperature

tense

Key Quotes (4)

Johnnie Cochran

I THINK YOU SHOULD NOT UNDERESTIMATE THIS FROM THE STANDPOINT OF THIS CASE AND PEOPLE'S PERCEPTIONS.

Cochran frames the juror incident as a perception and jury management crisis, not merely a trivial physical incident — signaling the defense's sensitivity to jury dynamics.

Lance A. Ito

PEOPLE BEING OUTRAGED AND OFFENDED BY SOMEBODY PERHAPS CROSSING OVER THEM AND INADVERTENTLY HITTING THEM, I MEAN, THIS INITIALLY STRUCK ME AS SOMETHING SO TRIVIAL TO BE UNBELIEVABLE.

Ito reveals his personal skepticism about the severity of the juror complaint, which Cochran directly pushes back on.

Marcia Clark

LET'S NOT FORGET THIS IS ALSO THE WOMAN WHO CLAIMED THAT ANOTHER JUROR PUSHED HER.

Clark implies the complaining juror (Jeanette Harris) has a pattern of grievances, subtly undermining her credibility.

Johnnie Cochran

REMEMBER, THOU SHALL NOT WHINE.

A sardonic sign-off directed at Goldberg after receiving the last-minute declaration — light moment that reveals the combative undercurrent of the sidebar.

Evidence (2)

Informal

Videotape purportedly depicting an object the defense contends is a glove

challenged via best evidence objection; prosecution claims court copy is VHS, not Beta original

Informal

Expert declaration from prosecution regarding videotape format

filed with the court during sidebar

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran pressed Ito to move faster on the juror incident investigation and not to dismiss it as trivial, warning it would cause 'further problems.' Ito acknowledged Cochran's concern but characterized the incident as minor and noted it is 'all a matter of priorities.'

tense

Hank Goldberg•Johnnie Cochran

Goldberg lodged a surprise best evidence objection to a defense videotape showing a purported glove, handing Cochran a just-obtained expert declaration. Cochran closed the sidebar with a quip about whining.

strategic

Light Moments (1)

Johnnie Cochran

After receiving Goldberg's last-minute declaration, Cochran signed off the sidebar with 'Remember, thou shall not whine' — a jab at the prosecution's eleventh-hour objection.

Credibility Attacks (1)

⚔ Jeanette Harris (juror)

prior inconsistent behavior / pattern of complaints

Clark noted that Harris had previously claimed another juror pushed her, implying she is a repeat complainant whose grievances should be viewed skeptically.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 5630 • 28 utterances

Criminal Trial

Department 103