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 • Lines: 16

At sidebar, defense counsel Johnnie Cochran asked Judge Ito to admonish a witness, alleging that the witness repeatedly looked toward O.J. Simpson and made comments to him. Ito said he did not see the comment directed toward Simpson and did not see what Cochran reported; Marcia Clark said it appeared the witness was looking at Carl.

# 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 was that the witness appeared to be directing comments toward O.J., conduct Cochran characterized as improper.

Johnnie Cochran

THIS MAN WANTS TO BURY O.J.

Cochran states his view that the witness was hostile toward O.J.

Johnnie Cochran

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

Cochran tells Clark that he is containing himself and asks her to do likewise.

Lance A. Ito

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

The judge says he did not see the comment directed toward Simpson.

Marcia Clark

IT LOOKED LIKE HE WAS LOOKING AT CARL.

Clark offers an alternative observation about whom the witness appeared to be looking at.

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran repeatedly pressed Ito to admonish the witness over comments Cochran said were directed at O.J.; Ito said he did not see the asserted conduct.

frustrated/unresolved

F. Lee Bailey•Christopher Darden

After Darden's brief interjection, Bailey asked the court to remind counsel of the 'one witness, one objector' rule.

procedural

Objections

None recorded

Proceeding 4553 • 16 lines

Criminal Trial

Department 103