Sidebar: witness attorney conflict of interest

📄 Sidebar: witness attorney conflict of interest — Wednesday, February 1, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\1\SIDEBAR-WITNESS-ATTORNEY-CONFL.DOC

TRIAL

▲ Day 10 of 167

◀ Cross-examination of Ron Shipp (part 3) Cross-examination of Ron Shipp (part 4) ▶

Date: Wednesday, February 1, 1995 • Utterances: 14

Judge Ito raised a conflict of interest concern at sidebar regarding attorney Robert McNeil, who was representing a witness adverse to OJ Simpson while also having been listed on OJ's attorney visitation list. Cochran acknowledged McNeil had visited OJ once and offered to remove him from the attorney list, but Ito indicated the issue may be more complex and that he needed to inquire of OJ directly.

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

# 2 THE COURT:

OVER AT SIDEBAR. COUNSEL, DO WE HAVE A CONFLICT OF INTEREST HERE? THIS GENTLEMAN IS BEING REPRESENTED BY BOB MC NEILL -- AND LET ME ASK DEFENSE COUNSEL TO STEP BACK -- I MEAN PROSECUTION COUNSEL TO STEP BACK. THERE IS SOMETHING IN THE EX PARTE STUFF THAT I NEED TO ASK THEM ABOUT.

# 3 (THE PROSECUTORS LEFT SIDEBAR.)

# 4 THE COURT:

ALL RIGHT. ISN'T BOB MC NEILL ONE OF THE LAWYERS THAT WAS VISITING O.J.?

KEY QUOTE

# 5 MR. COCHRAN:

YEAH, HE WAS. AND I THINK THAT HE WAS A FRIEND WITH O.J. AT ONE POINT AND I THINK MAY BE OFF THE LIST NOW. YEAH, HE WAS. I THINK HE CAME TO SEE HIM ONE TIME.

# 6 THE COURT:

JANUARY 1ST.

# 7 MR. COCHRAN:

HE CAME DOWN TO SEE HIM ONE TIME, BUT I DON'T THINK THERE'S A CONFLICT. HE'S A LAWYER, BUT MC NEILL KNEW O.J. NOW, OF COURSE -- SEE, THIS GUY HAD NOT SAID ANYTHING -- I'M NOT SURE MC NEILL KNOWS ABOUT THIS, YOU SEE, UP UNTIL -- ACTUALLY UP TO THE TIME DARDEN TOLD ME. ACTUALLY HE DIDN'T KNOW ANYTHING ABOUT THIS.

# 8 THE COURT:

YOU'VE GOT MC NEILL ON THE ATTORNEY LIST, NOT ON THE FRIEND WITNESSES.

# 9 MR. COCHRAN:

HE IS AN ATTORNEY. THAT'S WHY HE IS ON THERE. WHATEVER YOUR HONOR'S PLEASURE IS. THERE WOULD BE A CONFLICT NOW BECAUSE THIS GUY IS DEFINITELY ADVERSE. THAT'S HIS LAWYER AND --

# 10 THE COURT:

OKAY. I NEED TO MAKE INQUIRY OF YOUR CLIENT.

# 11 MR. COCHRAN:

DO YOU WANT TO DO IT AS SOON AS WE FINISH?

# 12 THE COURT:

YEAH.

# 13 MR. COCHRAN:

IF THERE'S A PROBLEM, WE'LL TAKE HIM OFF THE LIST. I THINK HE CAME ONE TIME.

# 14 THE COURT:

IT MAY NOT BE THAT SIMPLE. I JUST WANTED TO RAISE TO YOU THE PROBLEM. ALL RIGHT.

KEY QUOTE

Temperature

procedural

Key Quotes (3)

Lance A. Ito

IT MAY NOT BE THAT SIMPLE. I JUST WANTED TO RAISE TO YOU THE PROBLEM.

Judge signals the conflict may require more than a simple list removal to resolve.

Johnnie Cochran

THERE WOULD BE A CONFLICT NOW BECAUSE THIS GUY IS DEFINITELY ADVERSE. THAT'S HIS LAWYER AND --

Cochran concedes the conflict exists once he thinks it through.

Lance A. Ito

ISN'T BOB MC NEILL ONE OF THE LAWYERS THAT WAS VISITING O.J.?

The core question driving the sidebar — McNeil's dual role as OJ's visitor and an adverse witness's counsel.

Notable Exchanges (1)

Lance A. Ito•Johnnie Cochran

Judge raised that McNeil appeared on OJ's attorney visitation list and is now representing an adverse witness; Cochran acknowledged the visit but initially downplayed the conflict before conceding it.

strategic

Objections

None recorded

Proceeding 4555 • 14 utterances

Criminal Trial

Department 103