📄 Opening remarks — Monday, April 17, 1995
📅 Apr 17 — Day 58
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C:\DEPT103\CRIMINAL\1995\APR\17\OPENING-REMARKS.DOC
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▲ Day 58 of 167

Opening remarks

Date: Monday, April 17, 1995 • Utterances: 6
Judge Ito called the court to order after a holiday weekend, noting appearances and confirming the jury was not present. Before proceeding, Robert Shapiro delivered an extended public apology on the record for remarks he made involving fortune cookies — a racially insensitive incident connected to prosecution witness Dennis Fung, who is Asian American. Shapiro also cleared Cochran of separately reported involvement in the fortune cookie incident.
1 (Appearances as heretofore noted; also being present on behalf of Capital Cities/ABC, Incorporated, Jana Winograde, Esquire; and on behalf of Mark Coogan, Steven M. Perry, Esquire.)
2 (Janet M. Moxham, CSR no. 4855, official reporter.)
3 (Christine M. Olson, CSR no. 2378, official reporter.)
4 (The following proceedings were held in open Court, out of the presence of the jury:)
5 THE COURT:

Good morning, counsel. I trust we all had a pleasant holiday weekend. All right. Back on the record in the Simpson matter. Mr. Simpson is again present before the Court with his counsel, Mr. Shapiro, Mr. Cochran, Mr. Blasier, Mr. Neufeld, Mr. Scheck. The People are represented by Mr. Darden and Mr. Goldberg. The jury is not present. Counsel, anything we need to take up before we invite the jurors to join us? Mr. Shapiro, good morning, sir.

6 MR. SHAPIRO:

Good morning, your Honor. Your Honor, this morning I privately apologized to Mr. Dennis Fung for some remarks that I made outside of Court and I want to publicly apologize to him and to all my friends in the Asian American community, that last week a friend of ours from a Chinese restaurant that we frequent sent us some fortune cookies. They were at the counsel table when I arrived after lunch on Thursday. I had one and offered some to two members of the press and then made a remark which was meant to be facetious and was taken by those who received it as being facetious; however, I understand the sensitivities of people, and in hindsight, those remarks could have been misconstrued as being something other than just in humor and being a pun.

As your Honor knows me for a long period of time, my career has been based on representing individuals who are primarily of minority groups, and I harbor no racial bias towards any group or any community in the world. My heart has been heavy all weekend even if one person has been offended, and for that I sincerely apologize. Mr. Cochran today I understand was also reported as having passed out fortune cookies. He has not. I was the only one responsible. But on behalf of myself and Mr. Cochran, both of us through our careers have built a solid reputation representing minority groups, of which we are both a part, and therefore, if any person or persons was offended, my sincere and most humble apologies are given, and especially to Mr. Fung. Thank you, your Honor.

Temperature

tense

Key Quotes (3)

Robert Shapiro
I privately apologized to Mr. Dennis Fung for some remarks that I made outside of Court and I want to publicly apologize to him and to all my friends in the Asian American community
Shapiro puts his apology on the record before the day's testimony, signaling the incident had become serious enough to require formal acknowledgment in open court.
Robert Shapiro
My heart has been heavy all weekend even if one person has been offended, and for that I sincerely apologize.
Shapiro frames the apology in personal terms, attempting to demonstrate genuine contrition rather than a pro forma legal statement.
Robert Shapiro
Mr. Cochran today I understand was also reported as having passed out fortune cookies. He has not. I was the only one responsible.
Shapiro explicitly exonerates Cochran from media reports, taking sole responsibility — notable given the tension between the two lead defense attorneys.

Notable Exchanges (1)

Robert ShapiroLance A. Ito
Shapiro voluntarily raised the fortune cookie incident before any other business, delivering a lengthy public apology directed at Dennis Fung and the Asian American community, and used his career representing minority clients as a character defense.
contrite

Objections

None recorded
Proceeding 5716 • 6 utterances
Criminal Trial
Department 103
⚖️ Start
📂 APR 17, 1995 📄 Opening remarks
APR 17, 1995 KRT DvH TD