Sidebar: witness conduct and demeanor

📄 Sidebar: witness conduct and demeanor — Wednesday, February 1, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\1\SIDEBAR-WITNESS-CONDUCT-AND-DE.DOC

TRIAL

▲ Day 10 of 167

◀ Cross-examination of Ron Shipp (part 2) Cross-examination of Ron Shipp (part 3) ▶

Date: Wednesday, February 1, 1995 • Utterances: 16

Defense counsel Johnnie Cochran requested that Judge Ito admonish a witness who kept looking at O.J. Simpson and making audible comments directed toward him, such as 'Is that what they are going to say' and 'That's sad, O.J.' Ito said he did not observe the behavior Cochran described, and Marcia Clark suggested the witness was actually looking at someone named Carl, not Simpson.

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

# 2 THE COURT:

WE'RE AT SIDEBAR. MR. COCHRAN.

# 3 MR. COCHRAN:

THIS WITNESS KEEPS ON LOOKING OVER AT O.J. AND SAYING THINGS LIKE, "IS THAT WHAT THEY ARE GOING TO SAY," OR, "THAT'S SAD, O.J." I THINK THAT'S CLEARLY IMPROPER. YOU DID ADMONISH HIM NOT TO DIRECT HIS COMMENTS TO O.J. HE'S GOING TO BE UP THERE A LONG TIME. WE'RE GOING TO BE SPENDING A LONG PERIOD OF TIME WITH THIS FELLOW AND I DON'T THINK -- IT'S CLEARLY IMPROPER. BECAUSE IF O.J. WAS DOING ANYTHING LIKE THAT, I AM DOING EVERYTHING I CAN TO MAKE HIM MAINTAIN HIMSELF. HE NEEDS TO BE ADMONISHED. I WOULD ASK THE COURT TO DO THAT. HE'S GOING TO BE UP THERE A LONG TIME. OBVIOUSLY THERE'S GOING TO BE A LOT OF WITNESSES. THIS MAN WANTS TO BURY O.J. I THINK HE'S GOING TO BE CALLED A LIAR OR, YOU KNOW --

KEY QUOTE

# 4 MR. DARDEN:

I THINK IT'S CLEARLY IMPROPER --

# 5 THE COURT:

I JUST WANTED TO MAKE SURE THERE WASN'T ANYBODY ELSE IN THE COURTROOM.

# 6 MR. COCHRAN:

I THINK EVEN JASON, WHO PROBABLY WASN'T THERE THAT NIGHT -- I WANTED HIM OUT. HE LEFT TOO.

# 7 MR. BAILEY:

IF YOU RESPECTFULLY WOULD REMIND THE COURT TO REMIND COUNSEL, ONE WITNESS, ONE OBJECTOR.

# 8 MR. COCHRAN:

WELL, THEY GOT CONFUSED. I KNOW HOW IT IS. BUT, MARCIA, I'M CONTAINING MYSELF, SO YOU HAVE TO DO LIKEWISE.

# 9 THE COURT:

SUSTAINED. THANK YOU.

# 10 MR. COCHRAN:

SO, JUDGE, CAN YOU ADMONISH HIM? HE KEEPS DOING THAT. THIS LAST TIME, WHEN HE SAID -- HE SAID, "IS THAT WHAT THEY ARE GOING TO TESTIFY ABOUT?"

# 11 THE COURT:

I DIDN'T SEE THAT COMMENT DIRECTED TOWARDS YOUR CLIENT.

KEY QUOTE

# 12 MR. COCHRAN:

MARCIA, I WAS WATCHING THIS. HE LOOKED -- WHEN HE SAID THAT, HE WAS LOOKING RIGHT AT US.

# 13 THE COURT:

I DIDN'T SEE THAT.

# 14 MR. COCHRAN:

BUT I'M TELLING YOU THAT'S WHAT HAPPENED.

# 15 THE COURT:

OKAY. ALL RIGHT.

# 16 MS. CLARK:

IT LOOKED LIKE HE WAS LOOKING AT CARL.

KEY QUOTE

Temperature

tense

Key Quotes (5)

Johnnie Cochran

THIS WITNESS KEEPS ON LOOKING OVER AT O.J. AND SAYING THINGS LIKE, "IS THAT WHAT THEY ARE GOING TO SAY," OR, "THAT'S SAD, O.J."

Cochran's core complaint — a witness appearing to communicate sympathy or challenge to the defendant during testimony, which is improper conduct.

Johnnie Cochran

THIS MAN WANTS TO BURY O.J.

Cochran signals the defense's view of this witness's hostility and motivation, previewing the adversarial examination ahead.

Johnnie Cochran

MARCIA, I'M CONTAINING MYSELF, SO YOU HAVE TO DO LIKEWISE.

A thinly veiled jab at Clark amid the sidebar, drawing a mild rebuke from the judge.

Lance A. Ito

I DIDN'T SEE THAT COMMENT DIRECTED TOWARDS YOUR CLIENT.

The judge declines to act, undercutting Cochran's request without explicitly overruling it.

Marcia Clark

IT LOOKED LIKE HE WAS LOOKING AT CARL.

Clark offers an alternative explanation, deflecting Cochran's complaint without conceding anything.

Notable Exchanges (3)

Johnnie Cochran•Lance A. Ito

Cochran repeatedly pressed Ito to admonish the witness for making comments directed at OJ; the judge declined, saying he did not observe the conduct described.

frustrated/unresolved

F. Lee Bailey•Johnnie Cochran

Bailey reminded the bench to enforce the 'one witness, one objector' rule, suggesting multiple defense counsel were speaking at once.

procedural

Johnnie Cochran•Marcia Clark

Cochran told Clark to 'contain herself' as he was doing, a barbed aside that prompted the judge to say 'Sustained' without elaboration.

sniping

Light Moments (1)

Johnnie Cochran / Lance A. Ito

Cochran tells Clark 'I'm containing myself, so you have to do likewise' — a dig disguised as collegial advice — and Ito dryly responds 'Sustained. Thank you.'

Objections

None recorded

Proceeding 4553 • 16 utterances

Criminal Trial

Department 103