Sidebar: battering profile evidence

📄 Sidebar: battering profile evidence — Wednesday, February 1, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\1\SIDEBAR-BATTERING-PROFILE-EVID.DOC

TRIAL

▲ Day 10 of 167

◀ Direct examination of Ron Shipp (morning, part 1) Direct examination of Ron Shipp (morning, part 2) ▶

Date: Wednesday, February 1, 1995 • Utterances: 19

A brief sidebar in which Darden previews that his witness will discuss the January 1, 1989 domestic violence incident to establish the closeness of OJ and Nicole's relationship. The defense asks for clarity on what areas are admissible, and the judge permits occasional leading questions for foundational purposes. The sidebar ends with a light digression about LAPD officers playing tennis and a possible internal affairs investigation.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 2 THE COURT:

ALL RIGHT. WE ARE AT THE SIDE BAR. MR. DARDEN, WHERE WE GOING WITH THIS?

# 3 MR. DARDEN:

I'M JUST TRYING TO ESTABLISH THE CLOSENESS OF THEIR RELATIONSHIP, THAT'S ALL. HE IS NOT GOING TO JUMP OUT AND SAY HE HAD SEX WITH ANOTHER WOMAN OR USED DRUGS, YOU KNOW, THE USUAL THINGS GUYS TALK ABOUT.

# 4 THE COURT:

WHAT IS HE GOING TO SAY?

# 5 MR. DARDEN:

AND HE IS GOING TO SAY THAT HE DISCUSSED AN INCIDENT THAT APPARENTLY HAPPENED ON JANUARY 1, 1989, AND THAT IS WHERE WE ARE HEADED. SO YOU KNOW, I DON'T THINK ANY BOMBS ARE ABOUT TO FALL ON THEM.

KEY QUOTE

# 6 THE COURT:

MR. DOUGLAS.

# 7 MR. COCHRAN:

WE ARE NOT AFRAID, MAKE NO MISTAKE ABOUT IT, BUT WE HAVE TO DO OUR JOB FOR OUR CLIENT. WHEN SOMEBODY ASKS THESE QUESTIONS ABOUT BOYFRIENDS, WE CAN'T SIT HERE AND ALLOW THAT TO HAPPEN. CHRISTOPHER WANTS TO BE ALL RELAXED, JUDGE, BUT HE HAS GOT TO PIN THIS STUFF DOWN.

# 8 MR. DOUGLAS:

AS WELL, YOUR HONOR, THE COURT HAS DIFFERENT INCIDENTS THAT THE COURT HAS RULED INADMISSIBLE AND I WANT TO MAKE SURE WE ARE TALKING ABOUT THINGS THAT ARE COOL.

# 9 THE COURT:

I ASSUME YOU ARE NOT GOING TO OBJECT TO A LEADING QUESTION?

# 10 MR. DOUGLAS:

IF HE IS TARGETING A CERTAIN AREA.

# 11 MR. DARDEN:

MR. DOUGLAS BRINGS UP AN INTERESTING ISSUE BECAUSE IF YOU REALLY WANT ME TO KEY ON CERTAIN AREAS, I WILL DO IT, JUDGE. YOU KNOW, IT IS GOING TO REQUIRE SOME LEADING QUESTIONS OCCASIONALLY.

# 12 MR. DOUGLAS:

OCCASIONALLY.

# 13 THE COURT:

OCCASIONAL LEADING QUESTIONS ARE APPROPRIATE FOR FOUNDATIONAL PURPOSES TO REDIRECT ATTENTION.

# 14 MR. COCHRAN:

ROUND ROBIN AT THE BARN.

KEY QUOTE

# 15 THE COURT:

ALL RIGHT.

# 16 MR. COCHRAN:

I HAVE ONE QUESTION, YOUR HONOR. WAS THAT SO THERE WOULD BE AN LAPD INTERNAL AFFAIRS INVESTIGATION STARTING RIGHT TODAY? WAS HE BEING MEAN? WHAT WAS THE DEAL ON THAT?

# 17 THE COURT:

I SUSPECT THAT THERE ARE A LOT OF PEOPLE THAT WILL BE WONDERING WHY LAPD OFFICERS ARE WANDERING AROUND AND PLAYING TENNIS.

KEY QUOTE

# 18 MR. COCHRAN:

YOU HAVEN'T HEARD ALL OF IT YET. YOU HAVEN'T HEARD THE CROSS-EXAMINATION. SO THEY START THE INVESTIGATION TODAY. SHALL WE CALL FOR IT AT LUNCHTIME LIKE WE DID BEFORE?

# 19 THE COURT:

COUNSEL, UNNECESSARY TO OUR DISCUSSION HERE. INTERESTING POINT, THOUGH.

Temperature

light

Key Quotes (4)

Christopher Darden

HE IS GOING TO SAY THAT HE DISCUSSED AN INCIDENT THAT APPARENTLY HAPPENED ON JANUARY 1, 1989, AND THAT IS WHERE WE ARE HEADED. SO YOU KNOW, I DON'T THINK ANY BOMBS ARE ABOUT TO FALL ON THEM.

Darden previews the testimony is heading toward the 1989 New Year's Day domestic violence incident, reassuring the court while signaling prosecutorial intent.

Johnnie Cochran

ROUND ROBIN AT THE BARN.

A quip reacting to the back-and-forth between counsel and judge over leading questions — one of Cochran's characteristic deflections with humor.

Lance A. Ito

I SUSPECT THAT THERE ARE A LOT OF PEOPLE THAT WILL BE WONDERING WHY LAPD OFFICERS ARE WANDERING AROUND AND PLAYING TENNIS.

Ito's wry aside about LAPD officer conduct, prompting Cochran to suggest an internal affairs referral — a rare moment of judicial levity.

Carl Douglas

THE COURT HAS DIFFERENT INCIDENTS THAT THE COURT HAS RULED INADMISSIBLE AND I WANT TO MAKE SURE WE ARE TALKING ABOUT THINGS THAT ARE COOL.

Douglas raises the core defense concern: prior rulings have excluded certain incidents and the defense needs assurance Darden won't stray into them.

Evidence (1)

Informal

The January 1, 1989 domestic violence incident between OJ Simpson and Nicole Brown Simpson

referenced as the target of upcoming witness testimony

Notable Exchanges (2)

Carl Douglas•Christopher Darden•Lance A. Ito

Douglas pushes for Darden to use leading questions to stay within admissible areas; Darden agrees occasionally; Ito endorses limited leading questions for foundational purposes.

strategic

Johnnie Cochran•Lance A. Ito

Cochran raises the question of whether an LAPD internal affairs investigation should be triggered over officers playing tennis; Ito deflects it as interesting but irrelevant to the sidebar.

light

Light Moments (2)

Johnnie Cochran

Cochran quips 'Round robin at the barn' during the back-and-forth about leading questions.

Lance A. Ito

Ito jokes that many will wonder why LAPD officers are 'wandering around and playing tennis,' prompting Cochran to half-seriously propose an internal affairs referral.

Objections

None recorded

Proceeding 4519 • 19 utterances

Criminal Trial

Department 103