Judge Ito convenes a sidebar to pressure the defense into wrapping up a five-day cross-examination of a blood-collection witness, expressing frustration that the jury has stopped paying attention. Cochran argues the blood sample discrepancy is a major issue, while Darden interjects dismissively, triggering a sharp personal exchange between Cochran and Darden that Ito has to interrupt.
# 1 (The following proceedings were held at the bench:) # 2 THE COURT: All right. We are over at the sidebar. Counsel, haven't we done enough with this witness? This guy has been on the stand on cross-examination now for five days. This is such a minor inconsequential point. You've established that there's a discrepancy regarding the collection of the blood sample and how it got to where. I think you've stirred up the waters very adequately here. I mean, what more do we need to do here?
# 3 MR. COCHRAN: Your Honor, if I can be permitted to say, we don't have much more. I can tell you that.
# 4 THE COURT: I've heard that--counsel, I've heard that eight times now.
KEY QUOTE # 5 MR. COCHRAN: I understand. But, your Honor, we respectfully disagree. This is a major matter as you are going to find out, as to whether or not they ever got that blood on that day. I mean--
# 6 THE COURT: I understand the point.
# 7 MR. COCHRAN: It's a major point. And you can understand from these questions what Mazzola is going to say. They can talk to her all they want. She's locked down. This is a major part of the case.
# 8 THE COURT: The fact she is locked down isn't going to change talking to this guy.
# 9 MR. COCHRAN: He admits having a conversation with her on that question. So I think--
# 10 MR. SCHECK: I'm going to move on right after eliciting this testimony.
# 11 MR. DARDEN: How many lawyers get to talk on this issue?
# 12 MR. COCHRAN: Maybe if the other side would abide by your rulings. As I was going to point out to you--
# 13 THE COURT: Please, Mr. Cochran, one lawyer at a time.
# 14 MR. SCHECK: I'm going to move on, but I think we should be allowed cross-examination.
# 15 THE COURT: Counsel, I understand it's cross-examination. But I don't know if you're watching the jury, but they've stopped paying attention.
# 16 MR. COCHRAN: We think they are going to pay attention--
# 17 MR. DARDEN: I think they have had enough smooth Defense tactics for the day.
# 18 MR. COCHRAN: I resent that. I resent that remark, smooth Defense tactics. What they've got--
# 19 THE COURT: Don't spit at me, Mr. Cochran.
KEY QUOTE # 20 MR. COCHRAN: We're being killed in these ridiculous.
# 21 MR. DARDEN: He is testifying to the best he can, and that's all he can do.
# 22 MR. COCHRAN: Be a lawyer. Stop acting like a child.
# 23 MR. DARDEN: Such he is with minutiae.
# 24 THE COURT: Mr. Darden.
# 25 MR. DARDEN: You are a child, Mr. Cochran.
KEY QUOTE # 26 THE COURT: Mr. Darden, when you talk when Mr. Cochran talks, the Court reporter doesn't get down any of our record here.
# 27 MR. DARDEN: It is difficult for any of us to get another word in when Mr. Cochran is talking.
# 28 THE COURT: I'm just encouraging counsel to move it along. Thank you.