Break

📄 Break — Thursday, April 13, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\13\BREAK.DOC

TRIAL

▲ Day 56 of 167

Date: Thursday, April 13, 1995 • Utterances: 20

Judge Ito calls a 15-minute recess and dismisses the jury. Outside the jury's presence, Goldberg asks whether a prior court order restricting discussion of a videotape with Dennis Fung is still in effect; Cochran corrects the record, noting the order was broader than just the videotape. Ito brushes it aside as 'no harm, no foul' and closes with a warning to both sides that his patience is exhausted.

# 1 (The following proceedings were held in open Court:)

# 2 THE COURT:

Well, I guess we ought to take a break at this point. All right. Ladies and gentlemen, remember my admonitions to you; do not discuss the case, form any opinions about the case, allow anybody to have any contact with you, do not conduct any deliberations. We'll take a 15-minute break.

# 3 MR. GOLDBERG:

Your Honor, can we just have one clarification?

# 4 THE COURT:

No. Let me let the jurors go.

# 5 MR. GOLDBERG:

All right.

# 6 THE COURT:

Mr. Fung, you may step down.

# 7 (The following proceedings were held in open Court, out of the presence of the jury:)

# 8 THE COURT:

All right. The jurors have withdrawn. Mr. Goldberg, you had a comment?

# 9 MR. GOLDBERG:

Your Honor, I'm assuming that the Court's order that we were not allowed to discuss the videotape with Mr. Fung is no longer in effect.

# 10 THE COURT:

That's correct. He's seen the videotape, been cross-examined on it.

# 11 MR. COCHRAN:

Your Honor, one thing. We checked the record, and it was more than that. You said they could not discuss the testimony. It wasn't as to the videotape. That was wrong. It was, you said not discuss this matter as I understand it.

# 12 THE COURT:

Counsel, we are taking a break at this point. How about if we do that? How about if we take a break at this point?

# 13 MR. COCHRAN:

That's fine.

# 14 THE COURT:

I think--at this point, I think that's a no harm, no foul because I think you got what you wanted there.

# 15 MR. COCHRAN:

We just wanted to point that out for the record.

KEY QUOTE

# 16 THE COURT:

Counsel, we'll stand in recess, and I'm going to admonish counsel on both sides that it may not be apparent to you, but my patience is at its end today.

# 17 MR. DARDEN:

Mine too, your Honor.

KEY QUOTE

# 18 MS. CLARK:

And mine.

# 19 THE COURT:

Thank you.

# 20 (Recess.)

Temperature

procedural

Key Quotes (4)

Lance A. Ito

I'm going to admonish counsel on both sides that it may not be apparent to you, but my patience is at its end today.

Rare direct rebuke of all counsel — signals the judge is visibly frustrated with both prosecution and defense.

Lance A. Ito

I think that's a no harm, no foul because I think you got what you wanted there.

Ito deflects Cochran's record correction without fully engaging it, suggesting the underlying dispute over the order's scope was moot by that point.

Johnnie Cochran

We just wanted to point that out for the record.

Classic defensive record-preservation move — Cochran ensuring the broader scope of the prior order is documented regardless of outcome.

Christopher Darden

Mine too, your Honor.

Unexpected moment of candor — Darden publicly aligns with the judge's frustration, a rare instance of a prosecutor commiserating with the bench against the general chaos.

Evidence (1)

Informal

Videotape previously shown to Dennis Fung; subject of a prior court order restricting pre-testimony discussion

discussed informally — Goldberg clarifies the order is lifted now that Fung has been cross-examined on it

Notable Exchanges (2)

Hank Goldberg•Johnnie Cochran•Lance A. Ito

Goldberg seeks confirmation that the order restricting discussion of the videotape with Fung is lifted; Cochran interjects to correct that the order was broader — covering 'this matter' not just the videotape. Ito waves it off as moot.

strategic

Lance A. Ito•Christopher Darden•Marcia Clark

After Ito warns his patience is at its end, both Darden and Clark immediately echo the sentiment, drawing a brief 'Thank you' from the judge.

light

Light Moments (1)

Christopher Darden / Marcia Clark

After Ito warns of exhausted patience, Darden says 'Mine too, your Honor' and Clark follows with 'And mine.' — a rare moment of dry solidarity between judge and prosecution.

Objections

None recorded

Proceeding 5699 • 20 utterances

Criminal Trial

Department 103