📄 Juror conduct discussion — Sunday, February 12, 1995
Address:
C:\DEPT103\CRIMINAL\1995\FEB\12\JUROR-CONDUCT-DISCUSSION.DOC
TRIAL
▲ Day 17 of 167

Juror conduct discussion

Date: Sunday, February 12, 1995 • Utterances: 11
During a jury scene view at the Simpson residence, prosecutor Marcia Clark raised a concern that juror #620 had deliberately studied photographs on the walls despite the court's admonition to disregard them. Cochran downplayed the issue, noting he had seen juror #602 do the same and that the court's curative instruction was sufficient. The judge resolved to re-admonish the jurors before excusing them.
1 THE COURT:

BACK ON THE RECORD AT THE SIMPSON RESIDENCE. MISS CLARK, YOU HAD SOMETHING YOU WANTED TO MENTION FOR THE RECORD?

2 MS. CLARK:

YES, YOUR HONOR. I WAS INFORMED BY MR. GORDON THAT HE -- DIRECTLY AFTER THE COURT ISSUED ITS ADMONITION NOT TO LOOK AT THE PHOTOGRAPHS AND NOT TO CONSIDER THEM, MR. GORDON ACCOMPANIED A GROUP OF JURORS ON TOUR THROUGH THE HOUSE AND JUROR NUMBER I BELIEVE IT WAS 620 HE INDICATED TO ME STUDIED EACH AND EVERY PHOTOGRAPH VERY CAREFULLY IN DIRECT VIOLATION OF THE COURT'S ORDERS. I WOULD ASK FOR PERMISSION FROM THE COURT TO HAVE MR. GORDON ADDRESS THE ISSUE OF HIS OBSERVATIONS DIRECTLY IF HE MAY.

3 THE COURT:

MR. GORDON.

4 MR. GORDON:

JUDGE, I WAS NOTICING BOTH DOWN IN THE FOYER BEFORE GOING UP THE HALLWAY, THE JUROR WAS STUDYING THE PHOTOGRAPHS ON THE WALL AS WE WENT UP AND THEN WITHIN THE MASTER BEDROOM ITSELF.

5 MR. COCHRAN:

MAY I INDICATE SOMETHING? I WAS IN THAT GROUP AND I SAW NO. 602 LOOK AT SOME PHOTOGRAPHS TOO. BUT I THOUGHT THE ADMONITION WAS NOT TO PAY ANY ATTENTION TO THEM, TREAT THEM AS THOUGH THEY WEREN'T THERE. I DON'T THINK -- I THOUGHT BY THE COURT'S CURATIVE ADMONITION -- I'M SURE EVERY LAWYER THAT WENT WITH ONE OF THE GROUPS SAW SOME JURORS LOOKING AT THE WALLS. THE QUESTION IS -- THE COURT HAD ALREADY TOLD THEM TO DISREGARD THEM, THAT THEY'RE NOT PART OF THE EVIDENCE. SO THAT'S MY RESPONSE. I SAW 602 SEEMED VERY QUIZZITIVE LOOKING AT PICTURES DOWNSTAIRS AND ON THE WAY UP ON THE WALL. I DIDN'T MAKE A BIG THING OF IT BECAUSE YOU TOLD THEM TO DISREGARD THAT STAFF.

6 MS. CLARK:

I THINK THAT WHEN A JUROR MAKES A DELIBERATE EFFORT TO PAY VERY CLOSE ATTENTION TO AN ITEM THAT THE COURT HAS TOLD THEM TO DISREGARD, IT SOUNDS TO ME LIKE A DIRECT VIOLATION OF THE COURT'S ADMONITION. MR. GORDON INFORMED ME HE SEEMED TO STUDY EACH AND EVERY PHOTOGRAPH VERY CAREFULLY. I MEAN RIGHT AFTER HE GOT THE ADMONITION, HE WALKED IN THE FOYER AND IMMEDIATELY STARTED STARING AT THE PICTURES IN THE FOYER, WALKED UPSTAIRS AND STARED AT EACH AND EVERY PICTURE UP THE STAIRS AND IN THE BEDROOM. IT'S ONE THING TO GLANCE BECAUSE IT'S HARD TO MISS. BUT IT'S ANOTHER TO STARE AS MR. GORDON INDICATED HE SAW THIS JUROR, CORRECT? IS THAT CORRECT?

KEY QUOTE
7 MR. GORDON:

THAT'S CORRECT. AND THAT'S THE REASON I BROUGHT IT TO MISS CLARK'S ATTENTION. IT WASN'T JUST SOMEONE LOOKING IN PASSING. IT WAS SOMEONE TAKING THE EFFORT TO, BEFORE HE WENT UP THE STAIRS, TO LOOK AT EACH ONE, AND THEN AS WE WENT UP, LOOK AT EACH ONE, AND WITHIN THE BEDROOM, GO AROUND EACH SIDE, EACH END TABLE, STUDY THE PHOTOGRAPHS THAT WERE ON THE END TABLES.

8 MR. COCHRAN:

AS I SAID, I WAS NOT IN THAT GROUP. MR. SHAPIRO WAS. I WENT ON THE FIRST TWO GROUPS, AND I SAW JURORS LOOKING AT THE WALLS BUT DIDN'T -- WAS OF NO MOMENT BECAUSE I WAS ON THE BUS WHEN YOU TOLD THEM TO DISREGARD IT, WHATEVER. LIKE EVERYTHING ELSE, WHEN YOU STRIKE SOMETHING, WE ASSUME THEY WILL IN GOOD FAITH. I SEE THIS AS NO MOMENT. THE COURT MADE IT VERY CLEAR.

9 THE COURT:

DOES ANYONE ELSE HAVE ANY OBSERVATIONS THEY WOULD LIKE TO MAKE?

10 MR. COCHRAN:

I WOULD LIKE TO SAY SOMETHING FROM OUR STANDPOINT. I WOULD LIKE TO COMPLIMENT THE SHERIFF'S DEPARTMENT AND THE LAPD AND THE COURT STAFF FOR PUTTING THIS TOGETHER IN RECORD TIME. AND FROM MY STANDPOINT, EVERYTHING WENT VERY SMOOTHLY AND SOMEONE DESERVES A LOT OF CREDIT FOR THAT. I THOUGHT I WOULD SAY THAT FOR THE RECORD.

11 THE COURT:

ALL RIGHT. ANYTHING ELSE? THEN, COUNSEL, IF THERE ARE NO OBJECTIONS, I AM GOING TO TAKE ONE COUNSEL FROM EACH PARTY TO COME ON THE BUS WITH THE COURT REPORTER. I'M GOING TO EXCUSE THE JURORS AND ADMONISH THEM AND ORDER THEM TO RECONVENE ON TUESDAY MORNING. ALL RIGHT. THEN AFTER I ACCOMPLISH THAT, COUNSEL WILL BE EXCUSED AND THE COURT STAFF WILL RETURN TO THE COURTHOUSE.

Temperature

procedural

Key Quotes (4)

Marcia Clark
I THINK THAT WHEN A JUROR MAKES A DELIBERATE EFFORT TO PAY VERY CLOSE ATTENTION TO AN ITEM THAT THE COURT HAS TOLD THEM TO DISREGARD, IT SOUNDS TO ME LIKE A DIRECT VIOLATION OF THE COURT'S ADMONITION.
Clark frames the distinction between incidental glancing and deliberate study as legally meaningful, elevating this from a minor observation to a potential misconduct issue.
Scott Gordon
IT WASN'T JUST SOMEONE LOOKING IN PASSING. IT WAS SOMEONE TAKING THE EFFORT TO, BEFORE HE WENT UP THE STAIRS, TO LOOK AT EACH ONE, AND THEN AS WE WENT UP, LOOK AT EACH ONE, AND WITHIN THE BEDROOM, GO AROUND EACH SIDE, EACH END TABLE, STUDY THE PHOTOGRAPHS THAT WERE ON THE END TABLES.
Gordon's detailed, methodical description of the juror's behavior strengthens the prosecution's characterization of intentional misconduct.
Johnnie Cochran
LIKE EVERYTHING ELSE, WHEN YOU STRIKE SOMETHING, WE ASSUME THEY WILL IN GOOD FAITH. I SEE THIS AS NO MOMENT. THE COURT MADE IT VERY CLEAR.
Cochran invokes standard jury-instruction trust to neutralize the prosecution's concern, framing it as routine rather than a violation.
Johnnie Cochran
I WOULD LIKE TO COMPLIMENT THE SHERIFF'S DEPARTMENT AND THE LAPD AND THE COURT STAFF FOR PUTTING THIS TOGETHER IN RECORD TIME.
A notably diplomatic pivot — Cochran closes the discussion by redirecting to praise for logistics, effectively ending the controversy.

Evidence (1)

Informal
Photographs on the walls of Simpson's residence (foyer, stairway, master bedroom end tables)
Court had admonished jurors to disregard; juror allegedly studied them deliberately during scene view

Notable Exchanges (2)

Marcia ClarkJohnnie Cochran
Clark argues juror #620's deliberate study of photographs constitutes a violation of the court's admonition; Cochran counters that he observed juror #602 doing the same and considers it inconsequential given the curative instruction.
strategic
Marcia ClarkScott Gordon
Clark elicits Gordon's on-record confirmation that the juror's behavior was studied and intentional, not incidental.
procedural

Light Moments (1)

Johnnie Cochran
Cochran pivots from juror misconduct dispute to complimenting the Sheriff's Department, LAPD, and court staff for logistics, calling it smooth and deserving of credit.

Objections

None recorded
Proceeding 4775 • 11 utterances
Criminal Trial
Department 103
⚖️ Start
📂 FEB 12, 1995 📄 Juror conduct discussion
FEB 12, 1995 KRT DvH TD