📄 Sidebar (1) — Monday, April 17, 1995
Address:
C:\DEPT103\CRIMINAL\1995\APR\17\SIDEBAR-1-.DOC
TRIAL
▲ Day 58 of 167

Sidebar (1)

Date: Monday, April 17, 1995 • Utterances: 16
A brief sidebar during the criminal trial where Judge Ito ruled that Goldberg's question to a witness was argumentative in form, though the underlying topic was permissible. The exchange also devolved into a side dispute about speaking objections, with Cochran and Darden trading barbs about courtroom etiquette.
1 (The following proceedings were held at the bench:)
2 THE COURT:

All right. We are over at the sidebar.

3 MR. GOLDBERG:

Well, he's asked and answered numerous questions of his understanding of the People's theory based on what other people have told him. The Defense is trying to show that he's trying to lie to conform his testimony to the Prosecution's theory. I would like to show the Prosecution's theory is, it was there on the 13th, he believes it to be there on the 13th, but he cannot testify that it was there on the 13th because he didn't see it, and it shows that he is not willing to bend and conform his testimony or even I think the terminology sometimes used is "Fudge" his testimony by testifying to something that he ultimately knows is true, that it was there on the 13th.

4 MR. SCHECK:

I think he can get that--the form of the question is plainly argumentative. He can ask him other questions he's been asking before, you know.

5 THE COURT:

I don't like the form of the question.

6 MR. SCHECK:

I could give him some suggestions, but it's not my place.

KEY QUOTE
7 MR. COCHRAN:

Don't.

8 THE COURT:

The topic is germaine, but I don't like the way that question is formulated.

KEY QUOTE
9 MR. COCHRAN:

On that subject, can we remember again--in the spirit of cooperation, I refrained from objecting and my colleague on the other side forgot again. I didn't say anything about it.

10 MR. SCHECK:

I've been very cooperative.

11 THE COURT:

He's referring to Miss Clark.

12 MR. COCHRAN:

You objected to--

13 MR. DARDEN:

His objection was a speaking objection. We are talking about courtroom rules and procedures which your colleague is not following.

14 MR. COCHRAN:

No, no. But that's not--that's for Hank Goldberg to do. That's what I'm saying. He's in violation of doing that. I'm just clearing it up.

15 THE COURT:

All right. Why don't you rephrase the question.

16 (The following proceedings were held in open Court:)

Temperature

procedural

Key Quotes (4)

Hank Goldberg
it shows that he is not willing to bend and conform his testimony or even I think the terminology sometimes used is 'Fudge' his testimony by testifying to something that he ultimately knows is true
Goldberg is trying to rehabilitate his witness by showing the witness refused to shade his testimony to fit the prosecution's theory — an unusual argument that the witness's honesty actually supports the People's case.
Lance A. Ito
The topic is germaine, but I don't like the way that question is formulated.
Ito's characteristic split ruling — allowing the substance while rejecting the form — typical of his brisk case management style.
Johnnie Cochran
in the spirit of cooperation, I refrained from objecting and my colleague on the other side forgot again.
Cochran invoking a prior agreement about speaking objections, using the sidebar to score a procedural complaint against the prosecution.
Barry Scheck
I could give him some suggestions, but it's not my place.
Scheck's dry aside — offering to help the prosecution rephrase their own question — captures the sardonic tone of the civil trial bench dynamics.

Notable Exchanges (2)

Johnnie CochranChristopher Darden
Cochran used the sidebar to flag that opposing counsel had again violated the agreement against speaking objections; Darden deflected by accusing Cochran's side of the same violation.
strategic/testy
Barry ScheckJohnnie Cochran
Scheck offered to suggest better question phrasing to Goldberg; Cochran immediately shut him down with a single word: 'Don't.'
light/collegial

Light Moments (1)

Barry Scheck / Johnnie Cochran
Scheck offered to coach the opposing counsel on how to rephrase their own question, drawing an immediate 'Don't.' from Cochran.

Credibility Attacks (1)

⚔ unidentified prosecution witness
bias / conforming testimony
Defense was pressing the witness on whether he shaped his testimony to fit the prosecution's theory; Goldberg was attempting to redirect by showing the witness refused to 'fudge' his account even when it hurt the People's case.

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 5738 • 16 utterances
Criminal Trial
Department 103
⚖️ Start
📂 APR 17, 1995 📄 Sidebar (1)
APR 17, 1995 KRT DvH TD