Sidebar: witness and rule 352

📄 Sidebar: witness and rule 352 — Tuesday, August 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\22\SIDEBAR-WITNESS-AND-RULE-352.DOC

TRIAL

▲ Day 140 of 167

Date: Tuesday, August 22, 1995 • Utterances: 14

A brief bench conference about scheduling the next defense witness, Howard Weitzman, who needed to leave by lunchtime. The prosecution raised a 352 objection to his testimony, with Clark warning that Weitzman would face impeachment and that his testimony would extend rebuttal — ultimately requesting to go off the record to discuss further.

# 1 MR. COCHRAN:

May we approach on a 352 issue on the record?

# 2 THE COURT:

All right. Let me see counsel with the court reporter, please.

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

# 4 THE COURT:

We are over at the side bar. Who is the next witness?

# 5 MR. COCHRAN:

Howard Weitzman. He is here, too.

# 6 MR. DARDEN:

Weitzman, okay. I thought it was going to be Berris.

# 7 MR. COCHRAN:

Howard is here and he as got to get out by lunchtime.

# 8 THE COURT:

He's big man.

# 9 MR. COCHRAN:

Making a million dollars a year and he has got to get out of here. Don't put that on the record.

KEY QUOTE

# 10 MR. DARDEN:

It is in the record.

KEY QUOTE

# 11 MR. COCHRAN:

Don't put that on the record.

# 12 MS. CLARK:

Okay. I have seen the transcript, and yes, there was testimony to it. I think--I acknowledge that there was. This is going to extend rebuttal, I can certainly promise the court that. The People will lodge an objection under 352. What is going to happen is that we are going to have impeachment of Mr. Weitzman. I don't want to do that. Could we go off the record for a minute, your Honor?

# 13 THE COURT:

Off the record.

# 14 (Discussion held off the record.)

Temperature

procedural

Key Quotes (3)

Johnnie Cochran

Making a million dollars a year and he has got to get out of here. Don't put that on the record.

Cochran's aside about Weitzman's fees was immediately captured by the court reporter, creating a small awkward moment.

Christopher Darden

It is in the record.

Darden's dry confirmation that Cochran's off-hand remark was already transcribed.

Marcia Clark

I acknowledge that there was. This is going to extend rebuttal, I can certainly promise the court that. The People will lodge an objection under 352. What is going to happen is that we are going to have impeachment of Mr. Weitzman.

Clark signals the prosecution's strategy — they plan to impeach Weitzman and view his testimony as costly to both sides.

Notable Exchanges (2)

Johnnie Cochran•Christopher Darden

Cochran tried to keep Weitzman's large salary off the record; Darden immediately noted it was already captured.

light/wry

Marcia Clark•Lance A. Ito

Clark raised a 352 objection and warned of impeachment, then asked to go off the record to discuss further.

strategic

Light Moments (2)

Johnnie Cochran

Cochran told the bench Weitzman earns a million dollars a year, then immediately said 'Don't put that on the record' — only for Darden to confirm it already was.

Lance A. Ito

Ito's deadpan comment 'He's big man' in response to Weitzman's schedule constraints.

Credibility Attacks (1)

⚔ Howard Weitzman

impeachment (threatened)

Clark warned the court that calling Weitzman would open him to impeachment by the prosecution, and flagged a 352 objection to limit or exclude his testimony.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 7402 • 14 utterances

Criminal Trial

Department 103