📄 Housekeeping — Wednesday, February 1, 1995
Address:
C:\DEPT103\CRIMINAL\1995\FEB\1\HOUSEKEEPING.DOC
TRIAL
▲ Day 10 of 167

Housekeeping

Date: Wednesday, February 1, 1995 • Utterances: 42
Before the jury was brought in, Judge Ito addressed two housekeeping matters: (1) clarifying on the record that media reports of ex parte communication between the judge and LAPD Chief Williams were based on a misunderstanding — the only contact was a letter sent at both parties' request to investigate trial leaks; (2) resolving whether TV reporter Tracie Savage, a defense witness subject to an exclusion order, could remain in court as a media representative. The defense waived the exclusion order for the day, with the condition that Savage be reassigned when DNA testimony begins.
1 MR. DARDEN:

YOUR HONOR, I APOLOGIZE FOR BEING LATE. IT IS THE ELEVATOR SITUATION. ONLY FOUR ELEVATORS COME TO THE 18TH FLOOR THAT STOP HERE ON THE 9TH. IT TAKES SEVERAL MINUTES TO GET HERE. A NIGHTMARE. IT IS KILLING ME, JUDGE.

2 MR. SHAPIRO:

THEY HAVE STAIRS, JUDGE, THAT ALSO WORK.

KEY QUOTE
3 MR. DARDEN:

THANK YOU, MR. SHAPIRO.

4 MR. SHAPIRO:

YOU ARE WELCOME.

5 THE COURT:

WE ARE MAKING A HABIT OF THIS.

6 MR. DARDEN:

SOMETIMES WE WAIT TEN, TWELVE, THIRTEEN MINUTES FOR AN ELEVATOR. IT REALLY ISN'T OUR FAULT.

KEY QUOTE
7 MS. CLARK:

PLUS WE HAVE TO DEAL WITH THE PUBLIC DEFENDERS, THAT KEY IT PAST US. YOU KNOW, WHAT IS GOING UP IS NOT COMING DOWN.

8 THE COURT:

WE WILL HAVE TO TALK ABOUT THAT.

9 MS. CLARK:

OKAY.

10 THE COURT:

COUNSEL, I WANT TO TAKE UP A COUPLE OF MATTERS BEFORE WE ACTUALLY INVITE THE JURY TO JOIN US. MR. SHAPIRO, OVER THE BREAK, OVER THE 15-MINUTE BREAK, ADVISED ME OF A PROBLEM, SOMETHING THAT IS BEING REPORTED. MR. SHAPIRO, DO YOU WANT TO ENLIGHTEN THE PROSECUTORS ABOUT THIS?

11 MR. SHAPIRO:

YES, YOUR HONOR.

12 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
13 THE COURT:

COUNSEL, WHY DON'T YOU HAVE YOUR WITNESS HAVE A SEAT BECAUSE IT WILL BE A BIT BEFORE WE GET THERE.

14 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)
15 MS. CLARK:

MAY WE APPROACH, YOUR HONOR?

16 THE COURT:

I DON'T THINK WE NEED TO APPROACH.

17 MS. CLARK:

YOU ARE NOT GOING TO ADDRESS IT NOW?

18 THE COURT:

I JUST WANT TO PUT ON THE RECORD WHAT THE STATE OF THE SITUATION IS.

19 MR. SHAPIRO:

I HAVE INFORMED THEM OF OUR CONVERSATIONS, YOUR HONOR.

20 THE COURT:

ALL RIGHT. WELL, MR. SHAPIRO -- THIS IS SOMETHING I NEED TO PUT ON THE RECORD AT THIS POINT. YOU HAVE INDICATED TO THE COURT THAT APPARENTLY THE CHIEF OF POLICE HAS MADE SOME INDICATION THAT HE HAS RECEIVED A COMMUNICATION FROM THIS COURT.

21 MR. SHAPIRO:

NO. I HAVE -- IT WAS REPORTED TO ME THAT THERE WERE SOME NEWS REPORTS, NOT DIRECTLY FROM THE CHIEF OF POLICE, BUT FROM SOME OTHER MEMBERS IN THE MEDIA, THAT THERE WERE COMMUNICATIONS BETWEEN YOURSELF AND THE CHIEF OF POLICE REGARDING WHETHER OR NOT THE CHIEF OF POLICE SHOULD MAKE ANY STATEMENTS REGARDING THIS CASE. I THOUGHT IT INCUMBENT UPON MYSELF, AS AN OFFICER OF THE COURT, TO INFORM YOUR HONOR IN CASE YOU HAD NOT HEARD THOSE. YOUR HONOR HAS ASSURED ME, WHICH IS EXACTLY WHAT I ANTICIPATED WAS THE CASE, THAT YOU HAVE NOT TALKED WITH THE CHIEF OF POLICE, BUT I WANTED TO MAKE SURE THAT IF THESE RUMORS ARE OUT IN THE PRESS AND THEY ARE REPORTED TO ME, IF THEY ARE REPORTED TO OTHERS, THAT IT IS SOMETHING YOUR HONOR WOULD AND SHOULD WANT TO KNOW ABOUT.

22 THE COURT:

I THINK PERHAPS THIS IS A MISINTERPRETATION. IF YOU RECALL, ABOUT TWO MONTHS AGO, WHEN WE WERE DEALING WITH THE LEAKS PROBLEM, AT THE REQUEST OF BOTH PARTIES AND WITH THE CONSENT OF BOTH PARTIES I SENT A LETTER TO CHIEF WILLIAMS ASKING HIM TO DO WHATEVER HE COULD TO INVESTIGATE THE LEAKS AND STOP ANYTHING THAT WAS LEAKING OUT FROM HIS DEPARTMENT.

23 MR. SHAPIRO:

THAT WAS AT OUR REQUEST.

24 THE COURT:

THAT WAS THE ONLY COMMUNICATION THIS COURT HAS HAD WITH THE CHIEF OF POLICE.

25 MR. SHAPIRO:

I THINK THE RECORD IS CLEAR AND THAT WAS EXACTLY WHAT WE ANTICIPATED AND I THINK IT IS VERY IMPORTANT THAT THE PRESS ACCURATELY REPORT.

26 THE COURT:

ALL RIGHT. THANK YOU FOR BRINGING THAT TO MY ATTENTION, MR. SHAPIRO. THERE IS ONE OTHER MATTER --

27 MR. SHAPIRO:

YOU ARE WELCOME.

28 THE COURT:

I NOTICED THAT MISS TRACIE SAVAGE -- GOOD MORNING, MISS SAVAGE -- IS PRESENT IN COURT TODAY AS A MEDIA REPRESENTATIVE AND I RECALL THAT SHE IS ON THE DEFENSE LIST WITNESS AND THERE IS A WITNESS EXCLUSION ORDER AT THIS TIME. AND I WONDERED WHAT THE PARTY'S POSITION WAS ABOUT MISS SAVAGE REMAINING.

29 MR. COCHRAN:

SOMEBODY SAID, WELL, SHE CAN'T WATCH TELEVISION, YOUR HONOR. MAY WE APPROACH FOR A MOMENT, PLEASE?

30 THE COURT:

SURE. MISS SAVAGE, WOULD YOU STAND AND WAVE TO MR. COCHRAN.

31 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)
32 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)
33 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL AND THE DEFENDANT.)
34 THE COURT:

ALL RIGHT. MR. COCHRAN.

35 MR. COCHRAN:

YES. GOOD MORNING, YOUR HONOR. YOUR HONOR, IN THE MATTER INVOLVING MISS SAVAGE, WHO IS WITH US TODAY AND IN A REPORTING CAPACITY, WE DISCUSSED IT WITH MR. SIMPSON AND WE UNDERSTAND THAT SHE HAS A JOB TO DO AND I BELIEVE THAT ON THE ISSUE WITH REGARD TO THE SOCKS WHERE WE THINK HER TESTIMONY WOULD BE RELEVANT, IF SHE -- I WOULD SUGGEST TO CHANNEL 4 THAT SHE NOT COVER, NOT BE IN HERE COVERING THOSE DAYS, BECAUSE WE WOULD HAVE TO ASK HER TO BE EXCUSED. FOR TODAY WE HAVE NO PROBLEM. I BELIEVE WITH REGARD TO SOME OF THE FOUNDATIONAL MATERIAL, MISS CLARK AND I WILL BE ABLE TO STIPULATE BECAUSE IT WAS A DATE IN WHICH SHE AND I MUTUALLY CALLED FOR AN INTERNAL AFFAIRS INVESTIGATION BECAUSE THERE WAS THESE LEAKS AND RESULTS WHEN THE SOCKS WERE STILL THERE, SO OUR POSITION IS THAT SHE COULD STAY HERE NOW. WE WAIVE THE COURT'S ORDER SO SHE CAN STAY HERE TODAY, AND ASK ONLY THAT CHANNEL 4 BE FAIR IN THEIR REPORTING.

36 THE COURT:

ALL RIGHT. AND I TAKE IT, MISS CLARK, YOU HAVE NO OBJECTION TO THAT AS WELL?

37 MS. CLARK:

THAT'S CORRECT, YOUR HONOR. THE PEOPLE HAVE NO OBJECTION. TO A LARGE EXTENT I THINK THAT THE MATTERS THAT COUNSEL IS GOING TO BE SEEKING TO PUT BEFORE THE JURY ARE A MATTER OF PUBLIC RECORD, IF NOT ACTUALLY A MATTER OF VIDEOTAPE THAT HAS ALREADY BEEN BROADCAST, AND I DON'T SEE ANY PROBLEM WITH MISS SAVAGE REMAINING.

38 THE COURT:

ALL RIGHT. THEN OBJECTIONS HAVING BEEN WAIVED, WE WILL ALLOW MISS SAVAGE TO REMAIN FOR THOSE PORTIONS OF THE PROCEEDINGS THAT HAVE NOTHING TO DO WITH DNA TESTING. HOWEVER, MISS SAVAGE, YOU SHOULD HAVE YOUR STATION MANAGER REASSIGN YOU WHEN WE GET TO THE DNA ISSUES. ALL RIGHT. ALSO, YOU ARE NOT TO WATCH ANY TELEVISION COVERAGE OF THE ISSUES. ALL RIGHT. LET'S HAVE THE JURORS, PLEASE.

39 MR. DARDEN:

JUDGE, DID WE RESCHEDULE THE MOTION TO QUASH ON MARGUERITE THOMAS?

40 THE COURT:

WE HAVE NOT BEEN ABLE TO MAKE CONTACT WITH MR. JONES.

41 MR. COCHRAN:

YOUR HONOR, SO WE ARE CLEAR, YOUR LAST COMMENT REGARDING NOT WATCHING ANY DNA COVERAGE, THAT WAS NOT A JOKE? I THINK SOME PEOPLE WERE LAUGHING, BUT THAT IS NOT A JOKE?

KEY QUOTE
42 THE COURT:

NO, I THINK SHE UNDERSTANDS THE ORDER, CORRECT? SHE INDICATES IN THE AFFIRMATIVE.

Temperature

light

Key Quotes (4)

Christopher Darden
SOMETIMES WE WAIT TEN, TWELVE, THIRTEEN MINUTES FOR AN ELEVATOR. IT REALLY ISN'T OUR FAULT.
Comic relief opening; Darden's exasperation at being late sets a light tone before substantive matters.
Robert Shapiro
THEY HAVE STAIRS, JUDGE, THAT ALSO WORK.
Rare moment of dry wit from Shapiro at Darden's expense, prompting a sarcastic 'thank you' from Darden.
Lance A. Ito
I SENT A LETTER TO CHIEF WILLIAMS ASKING HIM TO DO WHATEVER HE COULD TO INVESTIGATE THE LEAKS AND STOP ANYTHING THAT WAS LEAKING OUT FROM HIS DEPARTMENT. THAT WAS THE ONLY COMMUNICATION THIS COURT HAS HAD WITH THE CHIEF OF POLICE.
Ito formally clears himself of any improper ex parte contact with the LAPD chief, memorializing the clarification on the record.
Johnnie Cochran
YOUR HONOR, SO WE ARE CLEAR, YOUR LAST COMMENT REGARDING NOT WATCHING ANY DNA COVERAGE, THAT WAS NOT A JOKE? I THINK SOME PEOPLE WERE LAUGHING, BUT THAT IS NOT A JOKE?
Cochran making sure the witness order is understood as binding — reveals courtroom laughter at Ito's deadpan delivery.

Notable Exchanges (2)

Robert ShapiroLance A. Ito
Shapiro raised media reports suggesting improper contact between the judge and LAPD Chief Williams. Ito clarified on the record that the only communication was a court-ordered letter to investigate trial leaks, sent at both parties' request roughly two months prior.
strategic
Johnnie CochranLance A. ItoMarcia Clark
The court addressed whether TV reporter Tracie Savage — a defense witness under an exclusion order — could remain in court in her media capacity. Cochran, after consulting with Simpson, waived the order for the day but flagged she should be reassigned when sock/DNA testimony occurs. Clark agreed. Ito formally ruled she could stay for non-DNA portions.
procedural

Light Moments (3)

Robert Shapiro
Darden complained about waiting 10-13 minutes for an elevator to the 18th floor, blaming the building for his lateness. Shapiro deadpanned that stairs exist.
Johnnie Cochran
Cochran asked Ito to confirm his order barring Savage from watching DNA TV coverage was not a joke, noting people were laughing at the remark.
Lance A. Ito
Ito told Savage to 'stand and wave to Mr. Cochran' so Cochran could identify her in the courtroom.

Objections

None recorded
Proceeding 4517 • 42 utterances
Criminal Trial
Department 103
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📂 FEB 1, 1995 📄 Housekeeping
FEB 1, 1995 KRT DvH TD