Court order on counsel conduct

📄 Court order on counsel conduct — Wednesday, August 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\23\COURT-ORDER-ON-COUNSEL-CONDUCT.DOC

TRIAL

▲ Day 141 of 167

◀ Direct examination of Dr. Henry Lee (part 1) Direct examination of Dr. Henry Lee (part 2) ▶

Date: Wednesday, August 23, 1995 • Utterances: 28

A brief pre-session administrative proceeding before the jury was brought in. Judge Ito issued a new courtroom rule prohibiting counsel from conversing near the jury box, called out Peter Neufeld as the primary offender, and managed some routine delays while waiting for the jury and for Goldberg to arrive.

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

# 2 THE COURT:

Back on the record in the Simpson matter. All parties are again present. The jury is not present. Mr. Darden, are you going to soldier on for Mr. Goldberg?

# 3 MR. DARDEN:

I'm sure he will be here in just a moment, your Honor.

# 4 THE COURT:

All right. Counsel, new court rule. While counsel are gathered within mere feet of the jury box, there is to be no discussion amongst counsel. I notice the whispering is getting a little loud, Mr. Neufeld being the primary offender in this.

KEY QUOTE

# 5 MR. COCHRAN:

He is not here today, your Honor. You are picking on him. He is in New York.

KEY QUOTE

# 6 MR. BLASIER:

He is still in Los Angeles.

# 7 THE COURT:

He is still the primary offender because I can hear counsel talking and I can hear it from both ends. You guys have plenty of post-it notes and you need to converse with each other, go back to counsel table, but if you are standing and near the rail, let's go back to counsel table.

# 8 MR. COCHRAN:

Thank you, your Honor.

# 9 THE COURT:

All right. Let's have the jurors, please.

# 10 (Brief pause.)

# 11 THE COURT:

I'm sorry. Hold on. Hold on. Hold on. Got enough water there, Dr. Lee?

# 12 DR. LEE:

Yes, thank you.

# 13 (Brief pause.)

# 14 THE COURT:

All right. Are we done with the Gallagher show? Mr. Scheck? All right. I need a catalogue of what each one of those things are.

KEY QUOTE

# 15 MR. COCHRAN:

We have done it already.

# 16 (Brief pause.)

# 17 THE COURT:

It is probably the elevators.

# 18 (Brief pause.)

# 19 THE COURT:

All right. Deputy Magnera, let's have the jurors, please.

# 20 (Brief pause.)

# 21 MR. GOLDBERG:

Your Honor, I'm sorry, I thought we were starting at ten of.

# 22 THE COURT:

I figured it was the elevators.

# 23 (Brief pause.)

# 24 MR. SCHECK:

Your Honor, should I save time and put up the new board?

# 25 THE COURT:

Which board are you going to--

# 26 MR. SCHECK:

The closed-in crime scene board.

# 27 THE COURT:

Yes, why don't you go ahead.

# 28 (Brief pause.)

Temperature

routine

Key Quotes (3)

Lance A. Ito

Counsel, new court rule. While counsel are gathered within mere feet of the jury box, there is to be no discussion amongst counsel. I notice the whispering is getting a little loud, Mr. Neufeld being the primary offender in this.

Ito asserting control over courtroom decorum, singling out a specific attorney by name.

Johnnie Cochran

He is not here today, your Honor. You are picking on him. He is in New York.

Cochran pushing back lightly on Ito's admonishment of Neufeld, adding a moment of levity.

Lance A. Ito

Are we done with the Gallagher show? Mr. Scheck?

Ito's dry reference to Barry Scheck's demonstrative evidence setup as a 'Gallagher show' — a comedic nod to the prop-smashing comedian.

Evidence (1)

Informal

Closed-in crime scene board

Scheck requests permission to set it up in advance; Ito approves

Notable Exchanges (1)

Lance A. Ito•Johnnie Cochran•Robert Blasier

Ito admonishes Neufeld for talking near the jury box; Cochran jokes he's in New York; Blasier corrects that he's still in LA, undercutting Cochran's defense.

light

Light Moments (3)

Lance A. Ito

Ito asks Dr. Henry Lee if he has enough water before the jury enters — a small personal aside.

Lance A. Ito

Ito refers to Scheck's elaborate demonstrative setup as 'the Gallagher show,' comparing it to the prop-comedian's act.

Robert Blasier

Cochran tries to defend the absent Neufeld by saying he's in New York; Blasier immediately contradicts him by noting Neufeld is still in LA.

Objections

None recorded

Proceeding 7417 • 28 utterances

Criminal Trial

Department 103