Sidebar: jury inquiry procedures

📄 Sidebar: jury inquiry procedures — Monday, April 17, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\17\SIDEBAR-JURY-INQUIRY-PROCEDURE.DOC

TRIAL

▲ Day 58 of 167

◀ Re-redirect examination of Dennis Fung Out of jury: procedural discussion ▶

Date: Monday, April 17, 1995 • Utterances: 20

A bench conference about the procedure for questioning jurors about possible misconduct. The judge discusses whether OJ Simpson has a right to be present during juror inquiry, with Clark arguing against his presence and Cochran arguing for it, citing Simpson's explicit wish not to waive that right. The judge breaks to let law clerks research the issue before proceeding.

# 1 (The following proceedings were held at the bench:)

# 2 MR. COCHRAN:

I take it my objection was overruled?

# 3 THE COURT:

In the context of those questions and answers, it was clear what the intent of the question was, and we will get to the actual presentation of test results maybe if I don't declare a mistrial first. Okay.

# 4 MR. GOLDBERG:

Is that intended to be a joke, your Honor?

# 5 THE COURT:

No. That was actually said in jest given the other things we need to do today. What I'm going to do is ask jurors 1, 2 and 3 to step into the jury room. Deputy Magnera.

# 6 MR. GOLDBERG:

Your Honor, may I be excused?

# 7 THE COURT:

Yes. This is a jury issue. Regarding the presence of the Defendant, what's the People's position on the presence of the Defendant when we inquire of the jurors?

# 8 THE BAILIFF:

Sheriff's Department?

# 9 THE COURT:

Yes. Any problem if I hold the Defendant here in the courtroom until about 6 o'clock today?

# 10 THE BAILIFF:

No.

# 11 THE COURT:

What's the People's position?

# 12 MS. CLARK:

He should not be present for these proceedings. It's inappropriate and the--well, there's no case law to support the Defendant's presence in Court during inquiry of jurors concerning misconduct issues because it's usually done in chambers. Moreover--

KEY QUOTE

# 13 THE COURT:

Who do I have in the jury room?

# 14 THE BAILIFF:

1 through 4.

# 15 THE COURT:

Let's excuse 4. Then hold on to them. All right. Let's take a brief recess then and let me--I'm doing some research right now on this issue.

# 16 MR. COCHRAN:

Can I say something for the record? See, Judge, I think the reason--you know, a lot of lawyers want to practice law, want to research stuff like that. I gave this to Jerry Uelmen. I think I had Jerry Uelmen do something up at Stanford. I think he has a right to be heard as one of the parties. Specifically he's told us he doesn't want to waive it. That's why I was just saying to Miss Clark--

# 17 THE COURT:

Up until now, everybody has been happy to do it in chambers. But if now you insist, then it's a different juncture at this point.

# 18 MR. COCHRAN:

I think--

# 19 THE COURT:

Well, let me--I have my law clerks busy doing some research right now, and I'll go back and see what I find.

# 20 (Recess.)

Temperature

procedural

Key Quotes (3)

Lance A. Ito

we will get to the actual presentation of test results maybe if I don't declare a mistrial first.

Offhand comment about declaring a mistrial, serious enough that Goldberg immediately asked if it was a joke.

Marcia Clark

He should not be present for these proceedings. It's inappropriate and the--well, there's no case law to support the Defendant's presence in Court during inquiry of jurors concerning misconduct issues because it's usually done in chambers.

Clark argues OJ has no legal right to be present during juror misconduct inquiry.

Johnnie Cochran

Specifically he's told us he doesn't want to waive it. That's why I was just saying to Miss Clark--

Cochran asserts Simpson explicitly invoked his right to be present rather than passively waiving it.

Notable Exchanges (2)

Hank Goldberg•Lance A. Ito

Goldberg asks if Ito's mistrial comment was a joke; Ito clarifies it was said in jest.

tense-but-light

Marcia Clark•Johnnie Cochran•Lance A. Ito

Dispute over whether OJ Simpson has the right to be present during juror misconduct inquiry; Ito suspends the argument to let law clerks research the issue.

strategic

Light Moments (1)

Lance A. Ito

Ito casually mentions he might declare a mistrial, prompting Goldberg to nervously ask if it was a joke.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 5723 • 20 utterances

Criminal Trial

Department 103