📄 In chambers discussion: trial logistics — Wednesday, February 1, 1995
Address:
C:\DEPT103\CRIMINAL\1995\FEB\1\IN-CHAMBERS-DISCUSSION-TRIAL-L.DOC
TRIAL
▲ Day 10 of 167

In chambers discussion: trial logistics

Date: Wednesday, February 1, 1995 • Utterances: 84
An in-chambers session addressed three administrative matters: a complaint by the defense that Goldman family members made audible supportive gestures to witness Ron Shipp while the jury was present; a potential conflict of interest involving attorney Robert McNeill, who represented Shipp and was also on the jail visitation list for Simpson; and logistical planning for the jury's field visit to Bundy and Rockingham. The session ended with light banter after Judge Ito confiscated Darden's beeper.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)
2 THE COURT:

BACK ON THE RECORD. THE JURY HAS LEFT. MR. BAILEY, MR. DOUGLAS, YOU HAD SOME COMMENT?

3 MR. DOUGLAS:

YOUR HONOR, I WAS JUST INFORMED THAT WHEN MR. SHIPP LEFT THE WITNESS STAND, THERE WERE AUDIBLE COMMENTS OF SUPPORT MADE BY MEMBERS OF THE GOLDMAN FAMILY TO HIM THAT WAS LOUD ENOUGH AND CAPABLE OF BEING HEARD BY THE JURY WHILE THE JURY SAT AS THE AUDIENCE WAS LEAVING. I WAS NOTIFIED OF THIS BY COCOUNSEL WHO WAS ABLE TO HEAR THE COMMENT AND WAS CONCERNED AND BROUGHT IT TO MY IMMEDIATE ATTENTION. I THINK IT'S IMPORTANT PARTICULARLY GIVEN THE CRITICAL JUNCTURE THAT WE ARE IN HIS TESTIMONY, THAT ALL FAMILY MEMBERS AND PEOPLE THAT ARE INVOLVED IN THIS CASE BE STERNLY WARNED AND ADMONISHED ABOUT SUCH CONDUCT, WHICH I OBJECT TO AND THAT JEOPARDIZES MR. SIMPSON'S RIGHT TO A FAIR TRIAL.

4 THE COURT:

ALL RIGHT. LET ME ASK, MISS CHAPMAN, ARE YOU THE INDIVIDUAL WHO OVERHEARD THIS?

5 MS. CHAPMAN:

NO.

6 MR. DARDEN:

YOUR HONOR, I WOULD LIKE TO INDICATE I WAS SEATED ADJACENT TO MR. SHIPP. I DIDN'T HEAR IT. I'M NOT SAYING IT DIDN'T HAPPEN, BUT I CERTAINLY DIDN'T HEAR IT.

7 THE COURT:

I WOULD LIKE THE INDIVIDUAL WHO HEARD IT, CLAIMS TO HAVE HEARD IT TELL ME WHAT IT WAS.

8 MR. DARDEN:

MAY I RETRIEVE THE EVIDENCE?

9 THE COURT:

YOU MAY.

10 THE COURT:

MISS CAPLAN?

11 MS. CAPLAN:

YES.

12 THE COURT:

I UNDERSTAND THERE WAS SOME COMMENT THAT WAS MADE. YOU WANT TO TELL ME WHAT IT WAS?

13 MS. CAPLAN:

I SAW MISS GOLDMAN GESTURING TO RON SHIPP, "YOU DID A WONDERFUL JOB." SHE DID THIS WHILE THE JURY WAS SITTING RIGHT THERE, INDICATING A THUMBS UP GESTURE. SHE WAS ALSO TALKING, "RON, YOU DID A GREAT JOB" (INDICATING).

KEY QUOTE
14 MR. COCHRAN:

THUMBS UP FOR THE RECORD.

KEY QUOTE
15 MS. CLARK:

FOR THE RECORD, THE WITNESS DIDN'T HEAR HER SAY THAT.

16 MS. CAPLAN:

HE TURNED AROUND AND SMILED AT HER. I WAS SITTING RIGHT THERE.

17 THE COURT:

MS. CAPLAN, WE'RE NOT ARGUING HERE. ALL RIGHT. THANK YOU, COUNSEL. TOMORROW MORNING, WHAT WE WILL DO IS READMONISH THE AUDIENCE WHEN THEY COME IN, ALSO ADMONISH THE JURORS THAT IF THEY SAW OR HEARD ANY GESTURE INDICATION FROM THE AUDIENCE, THEY'RE OBVIOUSLY TO DISREGARD IT.

18 MR. COCHRAN:

YOUR HONOR, BEFORE WE START AGAIN, WILL YOU ADMONISH THE WITNESS WHAT I ALSO ASKED YOU ABOUT ABOUT DIRECTING COMMENTS OVER TO MR. SIMPSON?

19 THE COURT:

YES.

20 MR. DARDEN:

CAN WE DEAL WITH THE --

21 THE COURT:

WE HAD ONE OTHER MATTER THAT CAME UP DURING THE COURSE OF THE DETECTIVE. AS YOU RECALL, MR. SHIPP INDICATED HE IS REPRESENTED BY ATTORNEY ROBERT MC NEILL, WHO IS KNOWN TO ME AS ROBERT MC NEILL, JR. AND THE REASON THIS CAME UP IS, ON THE LIST OF ATTORNEYS WHO ARE AUTHORIZED TO VISIT MR. SIMPSON AT THE LOS ANGELES COUNTY JAIL AS HIS COUNSEL IS ONE ROBERT MC NEILL, JR. SO OBVIOUSLY THERE IS AN APPARENT OR POTENTIAL CONFLICT OF INTEREST IF MR. MC NEILL REPRESENTED MR. SHIPP AND MR. SIMPSON. MR. COCHRAN, YOU WANT TO EXPLAIN TO THE COURT WHAT YOUR UNDERSTANDING OF THE SITUATION IS?

22 MR. COCHRAN:

CERTAINLY, YOUR HONOR.

23 THE COURT:

AS IF WE DON'T HAVE ENOUGH.

KEY QUOTE
24 MR. COCHRAN:

I DON'T THINK THERE'S A PROBLEM, YOUR HONOR. MR. MC NEILL WAS ACQUAINTED WITH MR. SIMPSON AND HAD ASKED THAT HE BE ALLOWED TO GO AND VISIT HIM. AT SOME POINT, HIS NAME WAS ADDED TO THE LIST. THEY WERE FRIENDS BEFORE THIS CASE EVER STARTED. I INQUIRED AND CHECKED WITH MR. SIMPSON. MR. MC NEILL HAS NEVER EVER VISITED MR. SIMPSON. BUT IN VIEW OF MR. SHIPP'S TESTIMONY, I'LL ASK THAT HIS NAME BE TAKEN OFF THE LIST. HE SHOULD NOT BE ON THAT LIST IN VIEW OF THE POTENTIAL CONFLICT AT THIS POINT AS A FRIEND OR OTHER BUSINESS. BUT NOW, AT THIS TIME, BECAUSE OF THE POTENTIAL FOR CONFLICT -- I'M SURE HE WOULD NOT DO IT. BUT WE ASK HIS NAME BE TAKEN OFF. AND I WILL FURTHER CALL HIS OFFICE AND LET HIM KNOW HIS NAME IS OFF THE LIST.

25 THE COURT:

ALL RIGHT. AND, MR. SIMPSON, MY UNDERSTANDING IS THAT MR. ROBERT MC NEILL HAS NOT REPRESENTED YOU, HE HAS NOT APPEARED ON THE RECORD IN THIS CASE AS FAR AS MY UNDERSTANDING.

26 THE DEFENDANT:

THAT IS CORRECT.

27 THE COURT:

AND YOU UNDERSTAND WHAT THE PROBLEM IS?

28 THE DEFENDANT:

YES, I DO.

29 THE COURT:

ALL RIGHT. OKAY.

30 MR. COCHRAN:

THANK YOU, YOUR HONOR.

31 THE COURT:

ONE OTHER THING. MISS CLARK, I NEED TO DO SOME PLANNING ABOUT OUR VISIT OUT IN THE FIELD. CAN YOU TELL ME WHEN YOU ARE PLANNING THAT?

32 MS. CLARK:

YES, YOUR HONOR. I HAD PLANNED THAT WE WOULD ASK FOR A VIEWING OF BUNDY JUST AFTER THE FIRST OFFICER ON THE SCENE TESTIFIES. THAT WOULD COME UP -- I'M VIEWING THE WITNESS LIST -- THAT WOULD COME UP AFTER THE TESTIMONY OF THE WITNESSES FROM MEZZALUNA AND THAT. SO WE'LL HAVE -- IT'S NOT GOING TO COME UP UNTIL AFTER ALL THE DOMESTIC VIOLENCE IS DONE. IT'S HARD TO ESTIMATE HOW LONG IT IS GOING TO TAKE TO CROSS.

33 THE COURT:

ARE WE TALKING A COUPLE WEEKS?

34 MS. CLARK:

YEAH, I THINK SO.

35 THE COURT:

OKAY. THEN, COUNSEL, WOULD EACH SIDE -- EACH SIDE IS AGREED THIS IS SOMETHING NECESSARY, TO VIEW THE SCENE BOTH AT BUNDY AND ROCKINGHAM BOTH DURING THE DAYLIGHT HOURS AND AGAIN AT NIGHT. AND MY PROPOSAL WAS THAT WE GO THERE ONCE IN THE DAYLIGHT HOURS AT THE BEGINNING OF THE CASE AND THEN TOWARDS THE END OF THE CASE, GO BACK AGAIN DURING NIGHTTIME HOURS, WHICH MAY GET US RIGHT ABOUT JUNE.

36 MR. COCHRAN:

I CERTAINLY HOPE NOT.

37 THE COURT:

SO WE MAY EVEN GET THE RIGHT TIME AND MOON AND SUN AND THE STARS AND ALL OF THE ABOVE. THE SHERIFF'S ARE PUTTING TOGETHER A TRAVEL ITINERARY. AND WE OF COURSE HAVE TO FORM A PRESS POOL TO GO ALONG WITH US. OTHERWISE THEY'LL HOUND US. AND THE ITINERARY THAT THEY HAVE PLANNED SO FAR IS BUNDY, DRIVE BY MEZZALUNA AND THEN UP TO ROCKINGHAM ROUGHLY, ALTHOUGH THEY HAVE THE SECRET ROUTE. BUT IF YOU WANT, WOULD YOU GIVE ME AN ITINERARY OF WHAT YOU THINK WE NEED TO DO, BECAUSE I'LL HAVE TO PLAN HOW LONG IT'S GOING TO TAKE. WE CAN'T ALL GO THROUGH THE LOCATIONS PROBABLY AT THE SAME TIME BECAUSE OF NARROWNESS OF SOME OF THESE PLACES. MAYBE THREE OR FOUR AT A TIME ESCORTED BY DEPUTIES, ET CETERA.

38 MR. COCHRAN:

DID YOU SAY, MISS CLARK, WHEN THAT WOULD BE?

39 MS. CLARK:

I THOUGHT AT BEST TWO WEEKS, PROBABLY LONGER.

40 MR. COCHRAN:

AND WE WOULD DO ROCKINGHAM AND BUNDY ON THE SAME DAY? WE NEED TO OF COURSE KNOW IN ADVANCE REGARDING ROCKINGHAM.

41 MS. CLARK:

I WASN'T ANTICIPATING DOING BOTH AT THE SAME TIME. I WOULD LIKE TO GO TO ROCKINGHAM AND BUNDY AT LEAST DURING DAYLIGHT HOURS.

42 THE COURT:

I THINK WE CAN DO ALL THREE THE SAME DAY. THEY'RE ALL IN PRETTY CLOSE PROXIMITY.

43 MR. COCHRAN:

IF WE GO BACK AT NIGHT, JUDGE, WE CAN VIEW THEM BOTH AT NIGHT RATHER THAN MAKE THREE OR FOUR TRIPS.

44 THE COURT:

ALL RIGHT.

45 MR. COCHRAN:

MAY I INQUIRE, YOUR HONOR?

46 THE COURT:

LET ME JUST ASK ONE OTHER THING. ARE WE GOING TO NEED TO SEE THE INTERIOR OF THE BUNDY ADDRESS? ANY REASON THAT WE NEED TO GO IN THERE?

47 MS. CLARK:

I REALLY AT THIS TIME DON'T THINK SO, YOUR HONOR. BUT THE COURT HAS ASKED ME TO --

48 THE COURT:

YOU THINK SO?

49 MR. COCHRAN:

YES, I THINK SO. I THINK ABSOLUTELY.

50 MS. CLARK:

WHAT'S THE RELEVANCE?

51 MR. COCHRAN:

I THINK THERE'S QUITE A BIT OF RELEVANCE. THIS INSTANCE WHERE --

52 THE COURT:

ACTUALLY IF WE GET TO THE -- YOU KNOW, WAS THAT GRETNA GREEN?

53 MR. COCHRAN:

I STILL THINK IT'S VERY RELEVANT, YOUR HONOR, BECAUSE OF ALL THE THINGS THAT THE LAPD DIDN'T DO AMONG OTHER THINGS. SO I THINK IT'S VERY RELEVANT NOT ONLY TO SEE THE OUTSIDE, BUT THE INSIDE WHERE THE CHILDREN WERE, THAT SORT OF THING. IT'S VERY RELEVANT BECAUSE WE HAVE THESE WITNESSES WHO WILL BE TESTIFYING ABOUT THINGS THAT THEY HEARD.

54 THE COURT:

WELL, WHAT I'M ASKING IS, WHY DON'T YOU PUT -- EACH SIDE PUT TOGETHER A LIST OF WHAT IT IS YOU WANT TO SEE AND THEN -- BECAUSE THE SHERIFF'S HAVE TO KNOW TIME WISE HOW LONG IT'S GOING TO TAKE US TO DO ALL OF THIS FOR PLANNING.

55 MS. CLARK:

AND I WOULD LIKE TO BE HEARD ON THE SUBJECT MATTER OF GOING -- TAKING THE JURY INSIDE THE BUNDY RESIDENCE.

56 THE COURT:

WELL, THINK ABOUT IT.

57 MS. CLARK:

OKAY. I'M NOT GOING TO FIGHT ABOUT IT IF WE DON'T HAVE TO, BUT IT DOESN'T SEEM RELEVANT TO ME AT THIS TIME.

58 THE COURT:

I MEAN IF WE'RE THERE, SOMETHING COMES UP.

59 MR. COCHRAN:

I THINK IT'S VERY RELEVANT, AND I'LL TALK TO MS. CLARK. I'LL CONVINCE HER WHY IT IS RELEVANT, YOUR HONOR. I WOULD LIKE TO INQUIRE OF THE PEOPLE NOW THAT WE'RE FINALLY IN TRIAL -- AND MISS CLARK SAID SOMETHING THE OTHER DAY ABOUT THEM CONCLUDING THEIR CASE WITHIN FOUR TO SIX WEEKS. WE WOULD LIKE A REALISTIC ESTIMATE BECAUSE THIS IS THE KIND OF SITUATION WHERE I WOULD LIKE TO KNOW HOW LONG THIS TRIAL IS GOING TO TAKE. MAY I HAVE JUST A SECOND?

60 THE COURT:

ALL RIGHT.

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

WELL, MR. COCHRAN, LET ME SUGGEST THIS TO YOU AND MS. CLARK. WHY DON'T YOU ALL -- SINCE WE HAVE SOME ADDITIONAL TIME THIS AFTERNOON, WHY DON'T YOU SIT DOWN AND INFORMALLY CHART OUT IN BLOCKS WHERE IT IS YOU THINK YOU ARE GOING TO BE IN THE NEXT COUPLE OF WEEKS.

63 MR. COCHRAN:

I THINK WE HAVE SOMETHING WE CAN REPRESENT TO YOUR HONOR.

64 MS. CLARK:

I HAVE GIVEN AN ESTIMATE, YOUR HONOR, THAT COUNSEL SHOULD BE READY TO PROCEED BEGINNING OF APRIL, GIVING EXTRA LAG TIME FOR THINGS THAT MAY OCCUR LIKE ILLNESSES, EXCESSIVE AMOUNTS OF --

65 THE COURT:

THAT'S TWO BEEPERS I OWN. DEPUTY MAGNERA, WOULD YOU TAKE MR. DARDEN'S BEEPER, PLEASE.

66 MR. DARDEN:

GEEZ, YOU DIDN'T TAKE THESE OTHER PEOPLE'S LIKE MR. BAILEY'S CELLULAR TELEPHONE.

67 THE COURT:

ANY OTHER ELECTRONIC DEVICES? I TOOK ONE FROM COURT T.V. LAST WEEK. THERE'S TWO I HAVE NOW.

68 MR. DARDEN:

I HOPE THE BEEPER COMPANY SENDS ME A NEW BEEPER, A NEW ONE, BETTER MODEL, CELLULAR BEEPER, DIGITAL BEEPER. HOW IS MISS CLARK GOING TO GET IN CONTACT WITH ME TONIGHT?

69 MS. CLARK:

YOU HAVE JUST HAMSTRUNG THE PROSECUTION IN A VERY SERIOUS WAY.

KEY QUOTE
70 THE COURT:

THAT'S LIFE IN THE BIG CITY.

KEY QUOTE
71 MR. DARDEN:

MAY I BE EXCUSED?

72 THE COURT:

YOU MAY, MR. DARDEN. YOU MAY THANK ME FOR THAT, MR. DARDEN. ALL RIGHT. END OF APRIL?

73 MS. CLARK:

NO. BEGINNING OF APRIL. AND I'M GIVING SOME -- THIS IS VERY APPROXIMATE. I DON'T KNOW HOW LONG THE CROSS -- IT IS GOING TO BE VERY HARD FOR COUNSEL -- FOR MR. COCHRAN AND MYSELF TO ESTIMATE THE DNA, LENGTH OF TIME FOR THOSE HEARINGS, YOU KNOW, THAT TESTIMONY. SO THIS IS A VERY ROUGH ESTIMATE. AND I CAN'T -- PLEASE DON'T HOLD ME TO THIS. YOU KNOW, I AM DOING THE BEST I CAN, BUT I REALLY DON'T KNOW AND CROSS DOES VARY. I'M UNABLE TO PREDICT HOW LONG IT GOES.

74 THE COURT:

WHEN DO YOU ANTICIPATE WE'LL SEE MR. HODGMAN BACK, IF AND WHEN?

75 MS. CLARK:

I DON'T KNOW, YOUR HONOR.

76 THE COURT:

COUNSEL, ANYTHING ELSE?

77 MR. COCHRAN:

I THINK WE'VE AGREED TO TRY TO SHOOT FOR APRIL 1ST FOR THE BEGINNING OF THE DEFENSE CASE, YOUR HONOR, GIVE OR TAKE, AS YOU SAID, THE DNA, WHICH IS GOING TO BE INTERESTING. IS IT POSSIBLE -- I HAVE A BRIEF, BRIEF HEARING TOMORROW MORNING. IS IT POSSIBLE THAT WE COULD -- THAT STARTS AT 8:30 -- POSSIBLY START AT 9:15 TOMORROW? IT'S DOWN IN DEPARTMENT 111. APPARENTLY THEY HELD IT TODAY AT 8:30. I WOULD LIKE TO HAVE UNTIL 9:15 AT LEAST TOMORROW MORNING. IS THAT POSSIBLE, YOUR HONOR?

78 THE COURT:

MISS CLARK, DO YOU AGREE WITH THAT REQUEST?

79 MR. COCHRAN:

SHE WON'T BE HERE ANYWAY, YOUR HONOR. SO IT'S OKAY.

80 MS. CLARK:

NO OBJECTION, YOUR HONOR.

81 THE COURT:

9:15.

82 MR. COCHRAN:

THANK YOU, YOUR HONOR.

83 THE COURT:

ALL RIGHT. COUNSEL, THANK YOU.

84 (AT 2:20 P.M., AN ADJOURNMENT WAS TAKEN UNTIL, THURSDAY, FEBRUARY 2, 1995, 9:15 A.M.)

Temperature

procedural

Key Quotes (5)

Ms. Caplan
I SAW MISS GOLDMAN GESTURING TO RON SHIPP, 'YOU DID A WONDERFUL JOB.' SHE DID THIS WHILE THE JURY WAS SITTING RIGHT THERE, INDICATING A THUMBS UP GESTURE.
Eyewitness account of the audience conduct that triggered the complaint — a Goldman family member signaling approval of Shipp's testimony while jurors were still seated.
Johnnie Cochran
THUMBS UP FOR THE RECORD.
Cochran's dry interjection clarifying the gesture for the court record — a small but telling moment of courtroom showmanship.
Lance A. Ito
AS IF WE DON'T HAVE ENOUGH.
Ito's candid aside about the McNeill conflict of interest, revealing his exasperation with the trial's mounting complications.
Marcia Clark
YOU HAVE JUST HAMSTRUNG THE PROSECUTION IN A VERY SERIOUS WAY.
Playful remark after Ito confiscated Darden's beeper — one of the rare light moments in the trial.
Lance A. Ito
THAT'S LIFE IN THE BIG CITY.
Ito's deadpan response to the beeper confiscation, showing his dry wit during administrative proceedings.

Notable Exchanges (4)

Carl DouglasLance A. ItoMs. CaplanMarcia Clark
Defense raised complaint about Goldman family member giving a thumbs-up and verbal praise to Ron Shipp in view of the jury. Ito tracked down the witness (Caplan) who saw it, heard her account, and resolved to re-admonish both audience and jurors the next morning.
tense
Lance A. ItoJohnnie CochranO.J. Simpson
Ito flagged that attorney Robert McNeill — who represented witness Ron Shipp — was also on Simpson's jail visitation list. Cochran explained McNeill was a friend who had never actually visited, and agreed to have his name removed from the list.
strategic
Lance A. ItoChristopher DardenMarcia Clark
Ito confiscated Darden's beeper mid-session, prompting Darden to complain about unequal enforcement and joke about needing a better model, while Clark quipped the prosecution had been 'hamstrung.'
light
Lance A. ItoMarcia ClarkJohnnie Cochran
Discussion of logistics for the jury's field visit to Bundy, Mezzaluna, and Rockingham — including whether to enter the Bundy residence interior — and an estimate that the defense case would begin around April 1.
procedural

Light Moments (3)

Christopher Darden
Ito confiscated Darden's beeper mid-session; Darden complained he hoped the beeper company would send him a newer model and asked how Clark would reach him that night.
Johnnie Cochran
Cochran, when Clark said she wouldn't be in court early anyway, quipped 'SHE WON'T BE HERE ANYWAY, YOUR HONOR. SO IT'S OKAY' to justify the late start request.
Johnnie Cochran
Cochran, on the prospect of the trial running until June for the nighttime Bundy/Rockingham visit, said simply: 'I CERTAINLY HOPE NOT.'

Objections

None recorded
Proceeding 4560 • 84 utterances
Criminal Trial
Department 103
⚖️ Start
📂 FEB 1, 1995 📄 In chambers discussion: trial
FEB 1, 1995 KRT DvH TD