Sidebar: video evidence

📄 Sidebar: video evidence — Monday, August 28, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\28\SIDEBAR-VIDEO-EVIDENCE.DOC

TRIAL

▲ Day 143 of 167

◀ Cross-examination of Dr. Henry Lee (afternoon, part 4) Cross-examination of Dr. Henry Lee (afternoon, part 5) ▶

Date: Monday, August 28, 1995 • Utterances: 16

At the bench, Barry Scheck raised a potential relevancy objection to a video Hank Goldberg planned to show the jury — a clip of a police officer walking up a path, previously referenced by Marcia Clark. The dispute was minor and quickly resolved when Judge Ito suggested simply showing Scheck the video on the counsel table monitor before playing it for the jury.

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

# 2 THE COURT:

Over at the sidebar. Mr. Scheck.

# 3 MR. SCHECK:

Yes. Mr. Goldberg now indicates to me that he wants to show the jurors the video that previously had been introduced and I don't have a clear recollection of, and not the ones that he previewed earlier, and I just want to see it. I may have a possible relevancy objection.

# 4 THE COURT:

Which one do you want?

# 5 MR. GOLDBERG:

He had brought this up before, your Honor, I believe. I'm not 100 percent positive. It's been a long day.

# 6 THE COURT:

Too long.

# 7 MR. GOLDBERG:

Well, it was worth it for us.

KEY QUOTE

# 8 MR. COCHRAN:

You say that.

# 9 MR. GOLDBERG:

It was.

# 10 THE COURT:

What video do you want to show?

# 11 MR. GOLDBERG:

Your Honor, this was the video Miss Clark was referring to and that I referred to earlier this morning of showing the police officer going up the walk. It's funny because I indicated to counsel let's forget the other ones, let's just save time. Now he wants me to show all three.

# 12 MR. SCHECK:

No. Not all three. I just don't recall which one this is.

# 13 THE COURT:

All right. We can--

# 14 MR. GOLDBERG:

What does he want me to do? Change my mind and show all three of them?

KEY QUOTE

# 15 THE COURT:

He's just asking to see it. We can show it to him on the monitor, just on the monitor on counsel table. We can do that.

# 16 MR. GOLDBERG:

We'll have Mr. Fairtlough do that.

Temperature

routine

Key Quotes (4)

Lance A. Ito

Too long.

Dry acknowledgment of a grueling court day; one of Ito's terse asides that punctuated the civil trial.

Hank Goldberg

It was worth it for us.

Goldberg signaling the prosecution felt the day went in their favor.

Johnnie Cochran

You say that.

Quick, dry rebuttal from Cochran undercutting Goldberg's confidence.

Hank Goldberg

What does he want me to do? Change my mind and show all three of them?

Goldberg's mild exasperation at Scheck's request, which he misread as wanting more videos shown.

Evidence (1)

Informal

Video of a police officer walking up a path to the crime scene, previously referenced by Marcia Clark and Goldberg earlier that morning

discussed, Scheck requested preview before jury viewing

Notable Exchanges (2)

Hank Goldberg•Johnnie Cochran

Goldberg declared the day 'worth it for us'; Cochran immediately shot back 'You say that.'

light sparring

Barry Scheck•Hank Goldberg

Scheck said he only wanted to see the one video; Goldberg misread this as a demand to show all three, leading to brief cross-talk before Ito resolved it.

mildly testy

Light Moments (1)

Lance A. Ito / Hank Goldberg / Johnnie Cochran

Ito drily agreed the day had been 'Too long,' prompting Goldberg to say it was 'worth it for us,' which Cochran immediately undercut.

Objections

None recorded

Proceeding 7444 • 16 utterances

Criminal Trial

Department 103