📄 Statement by Marcia Clark — Monday, April 3, 1995
Address:
C:\DEPT103\CRIMINAL\1995\APR\3\STATEMENT-BY-MARCIA-CLARK.DOC
TRIAL
▲ Day 50 of 167

Statement by Marcia Clark

Date: Monday, April 3, 1995 • Lines: 17
Johnnie Cochran sought to call Marcia Clark, and Cheri Lewis objected to Clark testifying because she was lead trial counsel. Judge Ito determined that sworn witness testimony was unnecessary and accepted Clark's statement as a representation by counsel. Clark then described her movements on June 13, said she had not seen a videographer at Rockingham, represented that the crime-scene log supported her timeline, and said she had learned of the videotape only a couple of days earlier.
1 MR. COCHRAN:

I WOULD LIKE TO CALL MARCIA CLARK.

2 MS. LEWIS:

YOUR HONOR, I OBJECT TO MARCIA CLARK TESTIFYING. SHE IS THE LEAD TRIAL LAWYER IN THIS CASE. IT IS NOT NECESSARY. THERE IS NO EVIDENCE IN THE RECORD TO SUPPORT THAT SHE WAS EVER PRESENT WHEN THE VIDEOGRAPHER WAS THERE.

3 MR. COCHRAN:

I DON'T WANT HER MAKING THIS ARGUMENT IN FRONT OF MISS CLARK.

4 MS. LEWIS:

MISS CLARK KNOWS THE ISSUES. THE TESTIMONY IS SHE LEFT AT 2:50 OR 3:00 --

5 MR. COCHRAN:

YOUR HONOR, I WOULD OBJECT TO HER MAKING THE STATEMENT IN FRONT OF MISS --

6 MS. LEWIS:

-- AND THE VIDEOGRAPHER ARRIVED AT 3:10.

7 THE COURT:

NOTED. OVERRULED. ALL RIGHT. I DON'T NEED MISS CLARK'S TESTIMONY AS A WITNESS. I SIMPLY NEED HER STATEMENT TO THE COURT AS TO HER RECOLLECTION WHEN SHE WAS THERE, AND MORE PERTINENTLY, WHEN SHE FOUND OUT THIS TAPE EXISTED.

8 MS. LEWIS:

I ASSUME MISS CLARK --

9 THE COURT:

I ACCEPT THE REPRESENTATION OF ANY COUNSEL HERE AS OFFICERS OF THE COURT.

KEY QUOTE
10 MR. COCHRAN:

THAT IS FINE.

11 THE COURT:

I DON'T NEED IT UNDER OATH FROM THE WITNESS STAND. GOOD MORNING, MISS CLARK.

12 MS. CLARK:

GOOD MORNING, YOUR HONOR. I THOUGHT I HAD A DAY OFF. YES. I CAN TELL THE COURT EXACTLY WHEN I ARRIVED AT ROCKINGHAM AND I WOULD LIKE TO ADDRESS THIS STATEMENT TO MR. LEVIN AS WELL, BUT I ARRIVED AT APPROXIMATELY -- AT ABOUT 12:30 OR QUARTER TO 1:00. I HAD EARLIER SPOKEN TO DETECTIVE VANNATTER WHO INDICATED HE WAS GOING TO SEEK A WARRANT.

KEY QUOTE
13 THE COURT:

THIS IS THE FAMOUS HARVEY LEVIN MIS-TIME-STAMPED?

KEY QUOTE
14 MS. CLARK:

EXACTLY. EXACTLY, YOUR HONOR. AND DETECTIVE VANNATTER HAD BRIEFLY TOLD ME WHAT HE HAD IN TERMS OF PROBABLE CAUSE AND I SAID IT SOUNDS LIKE, YOU KNOW, YOU'VE GOT IT. HE SAID HE WOULD PRESENT IT TO THE JUDGE AND HE ASKED ME TO MEET HIM AT ROCKINGHAM. I SAID THERE IS NO POINT IN MY GOING OUT THERE UNTIL YOU HAVE THE WARRANT SIGNED AND DELIVERED, PLEASE LET ME KNOW WHEN THAT IS DONE. HE CALLED AND HE TOLD ME THAT. THAT WAS AT ABOUT 10:45 I BELIEVE. I WAS WORKING ON ANOTHER CASE AND I DIDN'T LEAVE THE OFFICE UNTIL ABOUT 12:00, AND I ARRIVED I BELIEVE AT 12:30 OR QUARTER TO 1:00 AT ROCKINGHAM. I MET DETECTIVE LUPER THERE. THERE WERE VERY FEW PEOPLE THERE, IT WAS VERY QUIET, AND APPARENTLY THE DEFENDANT HAD ALREADY COME AND GONE BY THE TIME I GOT THERE. DETECTIVE LUPER WALKED ME AROUND A LITTLE BIT, I THINK ROBERTS DID, I THINK DETECTIVE FUHRMAN DID. ON THE 13TH I NEVER SAT OUTSIDE AT A TABLE WITH ANYBODY. I WAS THERE BRIEFLY. I MADE REQUESTS OF THEM CONCERNING WHAT TO PHOTOGRAPH AND IN WHAT SEQUENCE, AND THESE ARE STILL PHOTOGRAPHS, IN WHAT SEQUENCE TO PHOTOGRAPH SO THAT IT WOULD BE UNDERSTANDABLE AND CLEAR. AND I ASKED THEM TO MAKE SURE THAT THEY PICKED UP CERTAIN ITEMS IN THE SEARCH AND HE INDICATED TO ME, DETECTIVE LUPER, THAT THERE WAS NO SEARCH TEAM AVAILABLE AT THE TIME, THEY WERE IN A HOLDING PATTERN FOR AWHILE. I HAD OTHER WORK TO DO SO I DIDN'T WAIT FOR THE SEARCH TEAM, AND I LEFT ROCKINGHAM AT ABOUT FIVE MINUTES TO 2:00. I HAD TO GO BACK DOWN TO THE 10 FREEWAY GOING EAST, SO I TOOK BUNDY DOWN AND THE CRIME SCENE WAS ON MY WAY, AND AS IS MY HABIT, I ALWAYS VISIT CRIME SCENES TO GET A FEELING FOR THE SPACIAL CONNECTIONS OF EVERYTHING AND THE DIMENSIONS AND I STOPPED BY BUNDY ON MY WAY BACK TO THE OFFICE AT ABOUT TWO O'CLOCK. I MET WITH THE OFFICER WHO HAD THE PERIMETER AT THAT TIME. I DON'T REMEMBER HIS NAME, BUT THE TAPE WAS STILL UP AND HE INDICATED NO ONE WAS ALLOWED INSIDE, AND I SAID FINE, AND I LEFT VERY SHORTLY THEREAFTER. AND I THINK THE CRIME SCENE LOG REFLECTS THAT I LEFT BUNDY. I WAS AT BUNDY FROM 2:00 TO 2:15, THAT'S CORRECT, AND I LEFT BUNDY AT LEAST AT 2:15, IF NOT 2:10, WENT BACK TO THE OFFICE. AT NO TIME DID I SEE A VIDEOGRAPHER PRESENT AT ROCKINGHAM. I CAN ASSURE THE COURT THAT IF I HAD, I WOULD BE DELIGHTED AND I WOULD HAVE ASKED THEM TO DO ONE AT BUNDY AS WELL, BUT I DIDN'T KNOW THEY WERE DOING THAT. I DID NOT LEARN OF THAT VIDEOTAPE UNTIL A COUPLE DAYS AGO WHEN ALL OF THIS -- WHEN THE DEFENSE APPARENTLY INDICATED TO US THAT IT KNEW ABOUT A VIDEOTAPE, AND THEN I ASKED, AFTER HAVING HEARD FROM SOMEONE ELSE ABOUT IT, THAT WAS IN THE LAST FEW DAYS, VERY RECENT, SO I NEVER KNEW THEY HAD ONE AND I ASKED ABOUT IT. I ASKED WHY -- FOR WHAT PURPOSE THEY PERFORMED IT AND WHY WE DIDN'T KNOW AND IF THEY DID ONE AT ROCKINGHAM, WHY DIDN'T THEY DO ONE AT BUNDY? AND THE REASON FOR THAT THEY EXPLAINED --

15 THE COURT:

I DON'T NEED TO KNOW THE REASON.

16 MS. CLARK:

YOU ALREADY KNOW. SO I LEARNED IT WAS FOR ADMINISTRATIVE PURPOSES AND THAT IS ALL I KNOW, SO I WENT TO ROCKINGHAM FIRST AND THEN I WENT TO BUNDY. AND THE CRIME SCENE LOG SHOWS WHEN I WAS AT BUNDY AND INDICATES VERY CLEARLY THAT I WAS NOT AROUND WHEN THE VIDEOGRAPHER WAS THERE. AND I SAW THE MAN COME IN TO TESTIFY. WAS THAT ON FRIDAY? I HAD NEVER SEEN HIM BEFORE IN MY LIFE, SO THAT WAS THE FIRST DAY I HAD EVER SEEN HIM.

17 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. ALL RIGHT. I HAVE BEFORE ME -- I TAKE IT, MISS -- EXCUSE ME. MR. COCHRAN, HAVE YOU COMPLETED PRESENTING EVIDENCE?

Temperature

procedural

Key Quotes (5)

Lance A. Ito
I DON'T NEED MISS CLARK'S TESTIMONY AS A WITNESS. I SIMPLY NEED HER STATEMENT TO THE COURT AS TO HER RECOLLECTION WHEN SHE WAS THERE, AND MORE PERTINENTLY, WHEN SHE FOUND OUT THIS TAPE EXISTED.
Ito defined the permitted account as a statement by counsel rather than witness testimony.
Lance A. Ito
THIS IS THE FAMOUS HARVEY LEVIN MIS-TIME-STAMPED?
Ito identified the exchange as involving a Harvey Levin mis-timestamping issue; the remark does not establish broader knowledge about the tape's provenance.
Marcia Clark
I THOUGHT I HAD A DAY OFF.
Clark responded with a brief joke after the court invited her to provide a counsel statement without taking the witness stand.
Marcia Clark
AT NO TIME DID I SEE A VIDEOGRAPHER PRESENT AT ROCKINGHAM. I CAN ASSURE THE COURT THAT IF I HAD, I WOULD BE DELIGHTED AND I WOULD HAVE ASKED THEM TO DO ONE AT BUNDY AS WELL, BUT I DIDN'T KNOW THEY WERE DOING THAT.
Clark said she saw no videographer and explained that she would have requested comparable filming at Bundy if she had; her lack of knowledge does not independently establish her physical absence during the filming.
Lance A. Ito
I ACCEPT THE REPRESENTATION OF ANY COUNSEL HERE AS OFFICERS OF THE COURT.
Ito stated the basis on which he accepted Clark's unsworn counsel representation.

Evidence (2)

Informal
Videotape made at Rockingham, which Clark said she had recently learned about and had been told was made for administrative purposes
Discussed in relation to its timing and Clark's claimed prior lack of knowledge
Informal
Crime-scene log that Clark said showed when she was at Bundy and supported her claim that she was not present when the videographer was at Rockingham
Referenced by Clark in support of her stated timeline; not independently presented in this proceeding

Notable Exchanges (1)

Johnnie CochranCheri LewisLance A. Ito
Cochran objected to Lewis making timeline statements in Clark's presence, Lewis stated that the videographer arrived at 3:10, and Ito overruled the objection while ruling that Clark could provide a counsel statement without sworn witness testimony.
procedural

Light Moments (1)

Marcia Clark
Clark quipped, 'I thought I had a day off,' when the court invited her to provide a statement as counsel.

Objections

2 objections (0 sustained, 1 overruled)
Proceeding 5572 • 17 lines
Criminal Trial
Department 103
📂 APR 3, 1995 📄 Statement by Marcia Clark
APR 3, 1995