Morning session opening

📄 Morning session opening — Tuesday, August 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\22\MORNING-SESSION-OPENING.DOC

TRIAL

▲ Day 140 of 167

◀ Witness dismissed and adjournment Sidebar (1) ▶

Date: Tuesday, August 22, 1995 • Utterances: 34

Judge Ito opened court without the jury and immediately addressed Cochran's failure to deliver tapes and transcripts by end of day as expected — Ito and his clerk waited past 7:00 PM. Ito warned the defense not to expect a ruling on the Fuhrman tape materials until the following week. Cochran then outlined the day's agenda, including 402 hearings for Dr. Christian Reichardt, Detective Ken Berris, Howard Weitzman, and the Menzione matter.

# 1 (Appearances as heretofore noted; also appearing, Mr. Dominick W. Rubalcava, Esquire, on behalf of Dr. Christian Reichardt; and Barry Tarlow, Esquire, on behalf of Howard Weitzman.)

# 2 (Janet M. Moxham, CSR no. 4855, official reporter.)

# 3 (Christine M. Olson, CSR no. 2378, official reporter.)

# 4 (The following proceedings were held in open court, out of the presence of the jury:)

# 5 THE COURT:

All right. Back on the record in the Simpson matter. Mr. Simpson is again present before the court with his counsel, Mr. Shapiro, Mr. Cochran, Mr. Blasier, Mr. Neufeld, Miss Snider Chapman. The People are represented by Miss Clark, Mr. Darden and Mr. Gordon.

# 6 MR. GORDON:

Good morning, your Honor.

# 7 THE COURT:

The jury is not present. Counsel, yesterday I stayed in the courthouse until after 6:00 and Mrs. Robertson was here well after 7:00 and we did not receive the materials, and apparently you have given the materials to Mrs. Robertson this morning, correct?

# 8 MR. COCHRAN:

Before I left, your Honor, you recall I came back and indicated to you that we would have it the first thing tomorrow morning. Didn't I come back and tell you that before I left? It was my understanding I told you--

# 9 THE COURT:

My reasoning is Mrs. Robertson and I were waiting.

# 10 MR. COCHRAN:

My understanding was I came back and said--

# 11 THE COURT:

Counsel, the point being is that that is another evening that I didn't have the work on these materials.

# 12 MR. COCHRAN:

We understand. Judge, let me address this. Let me address this as well. This--

# 13 THE COURT:

No, counsel. All I'm pointing out to you is that--

# 14 MR. COCHRAN:

Yes.

# 15 THE COURT:

--what you have presented to me with regards to these tapes and transcripts is a very prodigious task.

KEY QUOTE

# 16 MR. COCHRAN:

You don't know how prodigious, your Honor.

# 17 THE COURT:

I know.

# 18 MR. COCHRAN:

No, you do not know. May I just say something?

# 19 THE COURT:

Counsel, the only point I'm making is that given the volume of the materials that I have before me, you should not anticipate a ruling on this issue this week.

# 20 MR. COCHRAN:

We don't, your Honor.

# 21 THE COURT:

That is the point I'm making.

# 22 MR. COCHRAN:

We try to be reasonable.

# 23 THE COURT:

I understand that.

# 24 MR. COCHRAN:

Judge, I had to stop my entire office. I've had three secretaries for over a week working around the clock. In addition to that, Judge, I mean I have a flourishing law practice. I had to stop them to do this. We are also cleaning up tapes. We have now done so. Because of your Honor's ruling, which we take some exception to yesterday, your memo, that we have now keyed in our tapes with the proffer, along with her--her tapes, which weren't verbatim. In addition to that, there were some tapes she had not transcribed. There are now ten additional "N" word references; forty instead of thirty.

KEY QUOTE

# 25 THE COURT:

Mr. Cochran, I'm going to cut you off right there.

# 26 MR. COCHRAN:

Okay.

# 27 THE COURT:

The only point I'm making is that I have a lot on my plate right now.

# 28 MR. COCHRAN:

I understand that, your Honor.

# 29 THE COURT:

You are not going to get a ruling on this until some time next week. Plan your witnesses accordingly.

KEY QUOTE

# 30 MR. COCHRAN:

It is a lot of work and I understand that. I don't know if we have any dark days all this week, but at any rate, we will be prepared, prepared to deal with that.

# 31 THE COURT:

All right.

# 32 MR. COCHRAN:

We are prepared. May I just indicate to the court what we expect and what we need to do today at this point? I have present today Dr. Christian Reichardt and I would like to do a 402 motion regarding his testimony. We have Detective Ken Berris, we flew from Chicago. I want to go forward, too, regarding him. Mr. Howard Weitzman will be here at 10:30. I want to make sure there is a 402 regarding Mr. Weitzman. Miss Shawn Chapman is here today to argue the Menzione matter. We want to argue--tell you the court what we have before I bring her out for this Thursday, so we will save some time. We are flying witnesses in and out. We are very aware of that. And Dr. Henry Lee is in the wings.

# 33 THE COURT:

Before you get further down the path, why don't you approach and let me just chat with you off the record.

# 34 MR. COCHRAN:

All right. Sure.

Temperature

tense

Key Quotes (4)

Johnnie Cochran

There are now ten additional 'N' word references; forty instead of thirty.

Cochran reveals the defense has found more racial slur instances on the Fuhrman tapes than previously known, escalating the potential impact of the Fuhrman tape ruling.

Lance A. Ito

What you have presented to me with regards to these tapes and transcripts is a very prodigious task.

Ito signals the volume of the Fuhrman tape submission is unprecedented and will delay any ruling.

Johnnie Cochran

Judge, I had to stop my entire office. I've had three secretaries for over a week working around the clock. In addition to that, Judge, I mean I have a flourishing law practice.

Cochran defends the late delivery by emphasizing the extraordinary scope of the transcript work — and can't resist a self-promotional aside.

Lance A. Ito

You are not going to get a ruling on this until some time next week. Plan your witnesses accordingly.

Ito puts the defense on notice that the Fuhrman tape admissibility question will drive witness scheduling for the coming week.

Evidence (1)

Informal

Fuhrman tapes and accompanying transcripts submitted by the defense, now reflecting 40 instances of the N-word (up from 30)

submitted late; under review by judge

Notable Exchanges (1)

Lance A. Ito•Johnnie Cochran

Ito reprimanded Cochran for failing to deliver materials the prior evening as expected, noting he and his clerk waited past 7 PM. Cochran insisted he had communicated that delivery would come the next morning, leading to a brief back-and-forth before Ito cut him off to make his core point: no ruling this week.

tense

Light Moments (1)

Johnnie Cochran

Cochran, mid-explanation of his office's heroic transcription effort, notes he has 'a flourishing law practice' — an oddly self-congratulatory aside while being scolded by the judge.

Objections

None recorded

Proceeding 7385 • 34 utterances

Criminal Trial

Department 103