Sidebar: blood drop characterization

📄 Sidebar: blood drop characterization — Wednesday, February 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\15\SIDEBAR-BLOOD-DROP-CHARACTERIZ.DOC

TRIAL

▲ Day 19 of 167

◀ Direct examination of Ronald Phillips (part 3) Direct examination of Ronald Phillips (part 4) ▶

Date: Wednesday, February 15, 1995 • Utterances: 19

Cochran objects at sidebar to Marcia Clark's characterization that a blood drop was located near a shoeprint, arguing the two pieces of evidence were significantly farther apart than Clark implied. Judge Ito overrules the objection, telling Cochran he can address the distance on cross-examination. Ito also reminds Clark she is leading the witness.

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

# 2 THE COURT:

WE'RE OVER AT SIDEBAR. MR. COCHRAN.

# 3 MR. COCHRAN:

I OBJECT TO THIS EDITORIALIZING. YOU HAD THE MONITOR ON THAT. THERE'S A SHOEPRINT WAY BACK HERE AND BLOOD DROP WAY OVER HERE. MAY BE TO THE LEFT, BUT THAT'S NOT ANYWHERE NEAR THE SHOEPRINT AS I SAW IT UNLESS I MISSED IT. BUT I OBJECT TO THE FORM AND EDITORIALIZING THAT THE DROP WAS BY THE SHOEPRINT. IT'S NOT NEAR THE SHOEPRINT. THERE SEEMS TO BE A SIGNIFICANT DIFFERENCE AND IT WAS -- THE BLOOD DROP AS I UNDERSTOOD WAS OVER NEAR THE HOUSE AND THE FOOTPRINT WAS LIKE IN THE WALKWAY. DID YOUR HONOR SEE IT?

KEY QUOTE

# 4 THE COURT:

I UNDERSTAND IT, BUT IT'S TO THE LEFT OF WHERE THE SHOEPRINT -- THE LINE IN WHICH THE SHOEPRINTS WERE GOING.

# 5 MR. COCHRAN:

THERE'S NO SHOEPRINT UP THERE. THE SHOEPRINT IS BACK HERE AND THE BLOOD DROP IS WAY UP THERE.

# 6 THE COURT:

IT'S ALL A MATTER OF INTERPRETATION, COUNSEL. I THINK YOU CAN COVER THAT ON CROSS-EXAMINATION. THE BLOOD DROP IS HERE, THE SHOEPRINTS ARE GOING DOWN HERE AND TO THE LEFT OF THE SHOEPRINTS.

# 7 MR. COCHRAN:

LEFT, BUT SOME DISTANCE AWAY FROM THAT, YOUR HONOR.

# 8 THE COURT:

I'M SURE YOU'LL POINT THAT OUT ON CROSS-EXAMINATION.

# 9 MS. CLARK:

IT'S A MATTER OF PERSPECTIVE IN THE PHOTOGRAPH. THERE IS ANOTHER SHOEPRINT THERE, BUT IT DOESN'T COME UP CLEARLY IN THIS PHOTOGRAPH. NEVERTHELESS, I'M NOT EDITORIALIZING. THE BLOOD DROP IS TO THE LEFT OF THE SHOEPRINTS. AND AS A MAN WALKS AND SWINGS HIS ARMS, YOU CAN UNDERSTAND HOW THAT MIGHT HAPPEN, ESPECIALLY A BIG MAN.

# 10 MR. COCHRAN:

YOU DON'T HAVE TO CONVINCE ME, COUNSEL. I DON'T HAVE A VOTE.

KEY QUOTE

# 11 THE COURT:

OUT OF CURIOSITY, WHAT'S THE MEASURE OF THE STRIDE BETWEEN THESE? JUST OUT OF CURIOSITY.

# 12 MS. CLARK:

WE HAD A STRIDE ANALYSIS DONE THAT'S GOING TO COME LATER.

# 13 THE COURT:

JUST CURIOUS.

# 14 MR. BAILEY:

BIG FOOT.

# 15 MS. CLARK:

IT IS A BIG FOOT.

# 16 MR. COCHRAN:

BIG STRIDE TOO, JUDGE.

# 17 THE COURT:

THE OBJECTION IS OVERRULED. BUT, MISS CLARK, YOU ARE LEADING AGAIN BECAUSE OF HIS ANSWERS, YES, YES, YES.

# 18 MR. COCHRAN:

I DON'T WANT TO KEEP OBJECTING. SHE KNOWS BETTER. SHE'S AN EXPERIENCED LAWYER.

# 19 THE COURT:

THANK YOU.

Temperature

procedural

Key Quotes (4)

Johnnie Cochran

I OBJECT TO THIS EDITORIALIZING. YOU HAD THE MONITOR ON THAT. THERE'S A SHOEPRINT WAY BACK HERE AND BLOOD DROP WAY OVER HERE.

Cochran's core objection — the prosecution is implying spatial proximity between blood and shoeprint that the evidence doesn't support.

Marcia Clark

AS A MAN WALKS AND SWINGS HIS ARMS, YOU CAN UNDERSTAND HOW THAT MIGHT HAPPEN, ESPECIALLY A BIG MAN.

Clark is already arguing the narrative — a large man walking drops blood to the side of his footpath — previewing the stride analysis to come.

F. Lee Bailey

BIG FOOT.

Rare light moment from Bailey; the entire sidebar briefly turns into banter about shoe size.

Johnnie Cochran

YOU DON'T HAVE TO CONVINCE ME, COUNSEL. I DON'T HAVE A VOTE.

Cochran wryly reminds Clark she's arguing to the wrong audience at sidebar.

Evidence (2)

Informal

Photograph showing blood drop and Bruno Magli shoeprints at crime scene

discussed — spatial relationship disputed

Informal

Stride analysis study commissioned by prosecution

referenced as forthcoming testimony

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran presses that the blood drop and shoeprint are far apart; Ito acknowledges the gap but says it's a matter of interpretation and defers to cross-examination.

strategic

F. Lee Bailey•Marcia Clark•Johnnie Cochran

Bailey quips 'Big Foot' in response to Ito's curiosity about stride length; Clark and Cochran both riff on it briefly.

light

Light Moments (1)

F. Lee Bailey

Bailey interjects 'BIG FOOT' when the judge asks about stride length; Clark agrees 'IT IS A BIG FOOT' and Cochran adds 'BIG STRIDE TOO, JUDGE.'

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4871 • 19 utterances

Criminal Trial

Department 103