Sidebar: witness examination and conduct

📄 Sidebar: witness examination and conduct — Tuesday, August 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\8\SIDEBAR-WITNESS-EXAMINATION-AN.DOC

TRIAL

▲ Day 131 of 167

◀ Redirect examination of Dr. Terence Speed (part 2) Witness dismissal ▶

Date: Tuesday, August 8, 1995 • Utterances: 11

Defense attorney Cochran approached the bench to flag that Judge Ito had curtly told defense co-counsel Peter Neufeld to sit down during the proceedings, seemingly without cause. Ito acknowledged he was impatient with both sides over what he considered a simple issue that had consumed a day and a half of court time, and reiterated his instruction for all counsel to sit down.

# 1 MR. COCHRAN:

May we approach, your Honor?

# 2 THE COURT:

Yes. As to this witness?

# 3 MR. COCHRAN:

Yes.

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

# 5 THE COURT:

We are at the side bar. Mr. Cochran.

# 6 MR. COCHRAN:

The reason I wanted to approach the bench, your Honor, just as an observer, one other time the Court had told me to sit down when I made an objection, and the Court later somehow apologized. In an exchange that I observed, Mr. Neufeld was doing what the Court has asked us to do, stand up, and the Court says "Sit down" as though you were unhappy with Mr. Neufeld. He wasn't doing anything. He stood there and then he sat down as you said that. Whenever I see that I think I should bring that to the Court's attention. The Court might want to clear that up. I don't think you were angry with Mr. Neufeld--

# 7 THE COURT:

I think I'm impatient with both sides. This is a very simple issue and we have managed to spend a day and a half on a very simple issue.

KEY QUOTE

# 8 MR. HARMON:

You told me to sit down and I have forgiven you for it.

KEY QUOTE

# 9 THE COURT:

Well, thank you.

# 10 MR. COCHRAN:

I wanted to bring it up. At that time I didn't think he did it. You may have been impatient.

# 11 THE COURT:

I have told both of these counsel to sit down and I'm telling them now to sit down.

KEY QUOTE

Temperature

tense

Key Quotes (3)

Lance A. Ito

I think I'm impatient with both sides. This is a very simple issue and we have managed to spend a day and a half on a very simple issue.

Ito's frustration with the pace of the trial breaks through; reveals judicial impatience that may have colored his conduct toward counsel.

Rockne Harmon

You told me to sit down and I have forgiven you for it.

Unexpected moment of levity from the prosecution; defuses tension while making the point that Ito had done the same to both sides.

Lance A. Ito

I have told both of these counsel to sit down and I'm telling them now to sit down.

Ito closes the sidebar by reasserting authority and signaling even-handedness — he's not singling out the defense.

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran diplomatically raised that Ito had sharply told Neufeld to sit down when Neufeld was doing nothing wrong, referencing a prior instance where Ito had similarly reprimanded Cochran and later apologized. Ito deflected by citing impatience with the slow pace of proceedings.

strategic

Rockne Harmon•Lance A. Ito

Harmon interjected with a joke that Ito had done the same to him and that he had 'forgiven' the judge, drawing a thank-you from Ito and lightening the mood.

light

Light Moments (1)

Rockne Harmon

Harmon joked that Ito had also told him to sit down and that he had 'forgiven' the judge for it, prompting Ito to simply say 'Well, thank you.'

Objections

None recorded

Proceeding 7245 • 11 utterances

Criminal Trial

Department 103