Sidebar: credibility and hearsay

📄 Sidebar: credibility and hearsay — Tuesday, August 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\22\SIDEBAR-CREDIBILITY-AND-HEARSA.DOC

TRIAL

▲ Day 140 of 167

◀ Cross-examination of Christian Reichardt (part 1) Cross-examination of Christian Reichardt (part 2) ▶

Date: Tuesday, August 22, 1995 • Lines: 17

A brief sidebar in which Cochran disputes the basis for Darden's question about O.J. being upset after Nicole's attitude changed. Darden locates language in a prior statement saying O.J. seemed upset and depressed, Cochran says using it opens the door to other material he had tried to limit, and the judge says it will create a 356 issue.

# 1 THE COURT:

Let me see counsel at the side bar with the court reporter, please.

# 2 MR. COCHRAN:

Thank you.

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

# 4 THE COURT:

Off the record.

# 5 (Discussion held off the record.)

# 6 THE COURT:

What have you got, Chris?

# 7 MR. DARDEN:

Just what I gave him. What is the objection?

# 8 MR. COCHRAN:

The question he is talking about--you are talking about somebody being upset. The point you asked I don't find in here.

# 9 MR. DARDEN:

Here it is right down here, (Indicating). "After that Nicole's attitude changed, that O.J. was aware of the change and seemed upset and depressed."

# 10 MR. COCHRAN:

I was reading from the statement and I was just saying that this certainly opens the door to some other stuff because I've tried to limit it.

KEY QUOTE

# 11 THE COURT:

It will create a 356 issue.

KEY QUOTE

# 12 MR. COCHRAN:

Yes.

# 13 MR. DARDEN:

Sure.

# 14 MR. COCHRAN:

That is what I'm saying.

# 15 MR. DARDEN:

Absolutely. I have more, so--

# 16 THE COURT:

All right. Let's go. All right. Let's go. So the point is counsel is aware of where the statement is coming from.

# 17 MR. COCHRAN:

Thank you, your Honor.

Temperature

procedural

Key Quotes (3)

Christopher Darden

After that Nicole's attitude changed, that O.J. was aware of the change and seemed upset and depressed.

The passage identifies language in the statement about Nicole's changed attitude, O.J.'s awareness of the change, and his seeming upset and depressed.

Johnnie Cochran

I was reading from the statement and I was just saying that this certainly opens the door to some other stuff because I've tried to limit it.

Cochran says the passage opens the door to other material because he had tried to limit the statement.

Lance A. Ito

It will create a 356 issue.

The judge states that the passage will create a 356 issue.

Evidence (1)

Informal

Prior written statement referencing Nicole's changed attitude and OJ appearing upset and depressed

discussed; location of specific passage confirmed by Darden

Notable Exchanges (1)

Christopher Darden•Johnnie Cochran

Cochran challenges Darden to show where in the statement the 'upset and depressed' language appears; Darden points to it, Cochran says it opens the door to other material, and the court identifies a 356 issue.

strategic

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 7395 • 17 lines

Criminal Trial

Department 103