Sidebar: Fuhrman tapes and judicial conflict

📄 Sidebar: Fuhrman tapes and judicial conflict — Monday, August 14, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\14\SIDEBAR-FUHRMAN-TAPES-AND-JUDI.DOC

TRIAL

▲ Day 135 of 167

◀ Administrative matters: Fuhrman tapes protective order In chambers: Fuhrman tapes and racial animosity ▶

Date: Monday, August 14, 1995 • Utterances: 9

Marcia Clark approaches the bench to raise a potential conflict of interest for Judge Ito in handling the Fuhrman tapes matter, having reviewed the transcripts and tapes herself. Before she can elaborate publicly, both Clark and Cochran agree to move the discussion into chambers to keep it off the record.

# 1 THE COURT:

All right. With the court reporter, please.

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

# 3 THE COURT:

Over at the side bar. Miss Clark.

# 4 (Discussion held off the record between Deputy District Attorney and Defense counsel.)

# 5 MS. CLARK:

I don't know if we want to seal this, but we have reviewed the transcripts and the tapes and there could well be a conflict for this Court in handling this matter, which is why I wanted to approach, because Mr. Cochran is indicating that you would have to read and review and many, many hours of work. I would like to save you that. What we are going to do is present the Court with the evidence that we think indicates a conflict and you decide, but I think it is there.

# 6 MR. COCHRAN:

Let's go in chambers. Let's go in chambers.

KEY QUOTE

# 7 MS. CLARK:

Let's go in chambers if we can.

# 8 THE COURT:

Okay.

# 9 MR. COCHRAN:

Rather than do this out here.

Temperature

tense

Key Quotes (2)

Marcia Clark

there could well be a conflict for this Court in handling this matter, which is why I wanted to approach, because Mr. Cochran is indicating that you would have to read and review and many, many hours of work. I would like to save you that.

Clark is flagging a judicial disqualification issue — suggesting Ito himself may have a conflict — while also trying to protect him from unnecessary labor if the conflict is confirmed.

Johnnie Cochran

Let's go in chambers. Let's go in chambers.

Cochran immediately moves to seal the discussion, recognizing the sensitivity of raising a judicial conflict in open court.

Evidence (1)

Informal

Fuhrman tapes and transcripts

discussed — Clark states both sides have reviewed them and they reveal a potential judicial conflict

Notable Exchanges (1)

Marcia Clark•Johnnie Cochran•Lance A. Ito

Clark begins to outline the conflict issue at the bench but both attorneys quickly agree to move to chambers rather than air it publicly

strategic

Objections

None recorded

Proceeding 7290 • 9 utterances

Criminal Trial

Department 103