Motion scheduling discussion

📄 Motion scheduling discussion — Wednesday, August 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\2\MOTION-SCHEDULING-DISCUSSION.DOC

TRIAL

▲ Day 127 of 167

◀ Direct examination of Dr. John Gerdes (part 9) Sidebar: bench conference (1) ▶

Date: Wednesday, August 2, 1995 • Utterances: 12

Cochran requests a scheduling change for a pending motion, moving it from Friday to Tuesday afternoon to accommodate Professor Uelmen's availability and Judge Ito's ongoing work on the Bosco matter. The brief exchange ends with a small flare of tension between Cochran and Clark over the volume of 402 motions, followed by a request to approach sidebar off the record.

# 1 MR. COCHRAN:

I spoke with Professor Uelmen, your Honor, and he indicated to me that he has a problem on Friday, that motion we calendared. And that motion should be parallel with our motion. Is that your understanding? With regard to the things--and he would ask that we have the motion set tomorrow afternoon. And if the People can get a response together, he proposed either Thursday afternoon or Tuesday afternoon. Friday morning was going to be bad for him.

# 2 THE COURT:

My preference would be Tuesday for the simple reason I'm still working on the Bosco matter.

# 3 MR. COCHRAN:

That's fine. Then we'll ask it be reset. It's now set Friday morning.

# 4 THE COURT:

I can't do it while I'm sitting out here.

# 5 MR. COCHRAN:

I understand, your Honor. How about Tuesday afternoon then for both motions? The People can then give us their response and the city attorney will be here and we can do it Tuesday afternoon.

# 6 MR. DARDEN:

I thought they were going to rest.

# 7 THE COURT:

That's what they told me.

# 8 MR. COCHRAN:

Well, Judge, if we didn't have so many 402 motions for every witness we call, we might be able to rest and we're going to try to do that.

KEY QUOTE

# 9 MS. CLARK:

Well, if you don't call them, we won't have to make a motion.

KEY QUOTE

# 10 MR. COCHRAN:

Well, we insist on calling them.

KEY QUOTE

# 11 MS. CLARK:

All right. Can we approach sidebar without the reporter?

# 12 THE COURT:

Yeah.

Temperature

routine

Key Quotes (3)

Johnnie Cochran

Well, Judge, if we didn't have so many 402 motions for every witness we call, we might be able to rest and we're going to try to do that.

Cochran deflects Darden's implication that the defense is dragging proceedings by blaming the prosecution's 402 motions for slowing the case.

Marcia Clark

Well, if you don't call them, we won't have to make a motion.

Clark fires back cleanly, turning Cochran's complaint into a choice the defense is making — a rare moment of levity with an edge.

Johnnie Cochran

Well, we insist on calling them.

Cochran's blunt rejoinder signals the defense has no intention of shortening its witness list despite prosecution pressure.

Notable Exchanges (2)

Johnnie Cochran•Marcia Clark

Cochran blames the prosecution's 402 motions for the trial's pace; Clark retorts that if the defense didn't call the witnesses, there would be no motions. Cochran closes by insisting they will keep calling them.

sharp but brief — competitive banter with underlying friction

Marcia Clark•Lance A. Ito

Clark requests to approach sidebar without the court reporter, ending the on-record portion of the exchange abruptly.

strategic

Light Moments (1)

Johnnie Cochran / Marcia Clark

The Cochran-Clark exchange about 402 motions has a quick, almost comedic rhythm — complaint, counterpunch, defiant closer — amid otherwise dry scheduling talk.

Objections

None recorded

Proceeding 7135 • 12 utterances

Criminal Trial

Department 103