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 • Utterances: 17

A brief sidebar in which Cochran disputes the basis for Darden's question about OJ being 'upset and depressed' after Nicole's attitude changed. Darden locates the specific language in a prior statement, and both sides acknowledge that introducing this portion of the statement will trigger a California Evidence Code section 356 (rule of completeness) issue, allowing the other side to introduce the remainder of the statement.

# 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 specific language from the statement Darden is drawing on — touching on OJ's emotional state and awareness of Nicole's changed behavior, relevant to the relationship dynamic and domestic violence thread.

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 signals he has been strategically limiting what portions of the statement come in, and warns that Darden's use of this passage triggers completeness rights.

Lance A. Ito

It will create a 356 issue.

Judge identifies the controlling legal concern: Evid. Code § 356 (rule of completeness), meaning the defense could introduce the rest of the statement in context.

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, and both immediately agree it opens a 356 completeness issue.

strategic

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 7395 • 17 utterances

Criminal Trial

Department 103