Sidebar: examination scope

📄 Sidebar: examination scope — Tuesday, April 18, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\18\SIDEBAR-EXAMINATION-SCOPE.DOC

TRIAL

▲ Day 59 of 167

◀ Re-redirect examination of Dennis Fung (part 4) Re-redirect examination of Dennis Fung (part 5) ▶

Date: Tuesday, April 18, 1995 • Utterances: 11

A sidebar dispute between Barry Scheck and Hank Goldberg over the scope and pace of Scheck's redirect examination. Goldberg objected to Scheck selectively reading portions of prior testimony about an envelope's 'heft,' arguing the full exchange provided necessary context. Judge Ito overruled the objection but reminded Scheck he had burned through most of his allotted hour, leaving only about 20 minutes.

# 1 THE COURT:

All right. We're over at sidebar.

# 2 MR. GOLDBERG:

You've got to stop. You're killing yourself. Sorry. I just wanted the Court to read all the way down to line--

# 3 MR. SCHECK:

Your Honor, I'm just trying to--

# 4 MR. GOLDBERG:

Because what I did is, I asked him whether or not anything could account for the heft. I then asked him, "Anything else that same size, approximate size? "No. "Did you have any other envelopes that were that size? "No." I mean it's all part of the same discussion.

# 5 MR. SCHECK:

No. Well, your Honor, it's my case and I can read certain portions. I'm not misleading the witness. I'm just bringing him back to the issue of the heft. He was vague on that. I just wanted to read that question and answer and I think--your Honor, I say that with some reluctance, but this will--I haven't done one thing in terms of reading these questions and answers that I think was--can be questioned and I think it's taking a long time here.

# 6 THE COURT:

Well, the thing--

# 7 MR. SCHECK:

He's objecting to every impeachment.

KEY QUOTE

# 8 THE COURT:

The thing that concerns me here though is that we've gone over this. We have the videotapes that speak for themselves.

# 9 MR. SCHECK:

Your Honor, this is an important issue. I'm sure the Court recognizes that. I think I'm entitled to go into redirect examination and probe his recollection of these events.

# 10 THE COURT:

And you indicated to me you had about an hour left and you've got about 20 minutes left of that. Objection overruled.

KEY QUOTE

# 11 MR. SCHECK:

Your Honor, he's been stalling here.

KEY QUOTE

Temperature

tense

Key Quotes (3)

Barry Scheck

He's objecting to every impeachment.

Scheck frames Goldberg's objections as obstruction rather than legitimate legal challenges, revealing the adversarial dynamic at sidebar.

Lance A. Ito

You indicated to me you had about an hour left and you've got about 20 minutes left of that. Objection overruled.

Ito rules for Scheck but signals his patience is limited — a warning wrapped in a ruling.

Barry Scheck

Your Honor, he's been stalling here.

Scheck deflects responsibility for the time overrun onto Goldberg's objections.

Evidence (2)

Informal

Prior testimony or deposition regarding the 'heft' of an envelope

discussed — Scheck reading portions to probe witness recollection

Informal

Videotapes referenced by Ito as speaking for themselves

discussed

Notable Exchanges (2)

Hank Goldberg•Barry Scheck

Goldberg argues Scheck is cherry-picking lines from a prior Q&A about envelope heft, while Scheck insists he is entitled to probe the witness's vague recollection on redirect and hasn't done anything improper.

heated

Lance A. Ito•Barry Scheck

Ito overrules the objection but pointedly notes Scheck has only 20 minutes left of his promised hour — a soft rebuke alongside the favorable ruling.

strategic

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 5754 • 11 utterances

Criminal Trial

Department 103