Sidebar: chart exhibit

📄 Sidebar: chart exhibit — Wednesday, February 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\15\SIDEBAR-CHART-EXHIBIT.DOC

TRIAL

▲ Day 19 of 167

◀ Direct examination of Tom Lange (part 1) Direct examination of Tom Lange (part 2) ▶

Date: Wednesday, February 15, 1995 • Utterances: 7

Defense attorney Cochran approaches the bench to flag a potential issue with a phone call chart exhibit, reserving the right to challenge it later. The chart shows calls made by Detective Phillips on June 13th, with some numbers redacted for privacy. Cochran alerts the court he will make a formal offer of proof at the appropriate time regarding those blacked-out calls.

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

# 2 MR. COCHRAN:

WE WANTED TO APPROACH BECAUSE I HAVE AN OBJECTION TO THIS PARTICULAR EXHIBIT. WE WANT TO KNOW WHO PHILLIPS WAS CALLING ON THE CELLULAR PHONE AND WE WANT TO BE ABLE TO GET INTO THAT. I JUST TOLD COUNSEL IT WASN'T CLEAR EXACTLY WHERE THE RECORD WAS, THAT WE WOULD MAKE AN OFFER OF PROOF AT THE APPROPRIATE TIME AS TO OUR ABILITY TO FIND OUT WHAT CALLS ARE MADE, THE ONES ON THE 13TH, YOU KNOW, CRITICAL PERIOD OF TIME.

# 3 THE COURT:

IF YOU RECALL, WE WENT THROUGH THIS A COUPLE MONTHS AGO BECAUSE THERE WERE SOME PRIVATE PHONE CALLS, SOME CALLS TO THE WATCH COMMANDER, SOMETHING THAT WAS NOT FOR PUBLIC CONSUMPTION.

# 4 MR. COCHRAN:

YEAH. I WANT THE COURT TO KNOW AT THE APPROPRIATE TIME, I WILL MAKE AN OFFER OF PROOF, WHAT WE EXPECT TO SHOW. I HAVE NO PROBLEM WITH THAT CHART.

# 5 MS. CLARK:

AS TO THIS ISSUE, WE DISCUSSED THE FACT THE BLACKED OUT NUMBERS WERE NOT GOING TO BE GIVEN OUT FOR PRIVACY REASONS THAT HAVE NO BEARING ON THIS CASE.

# 6 MR. COCHRAN:

THEY MAY HAVE BEARING ON THIS CASE IS WHAT I'M SAYING. I JUST WANTED TO ALERT THE COURT TO THAT. WE WILL ADDRESS THAT.

KEY QUOTE

# 7 THE COURT:

OKAY.

Temperature

procedural

Key Quotes (3)

Johnnie Cochran

WE WANT TO KNOW WHO PHILLIPS WAS CALLING ON THE CELLULAR PHONE AND WE WANT TO BE ABLE TO GET INTO THAT.

Signals defense intent to investigate Phillips's phone activity during the critical post-murder window on June 13th.

Marcia Clark

THE BLACKED OUT NUMBERS WERE NOT GOING TO BE GIVEN OUT FOR PRIVACY REASONS THAT HAVE NO BEARING ON THIS CASE.

Prosecution's position that the redacted calls are irrelevant — a claim Cochran is explicitly reserving the right to contest.

Johnnie Cochran

THEY MAY HAVE BEARING ON THIS CASE IS WHAT I'M SAYING. I JUST WANTED TO ALERT THE COURT TO THAT. WE WILL ADDRESS THAT.

Cochran strategically plants the issue on the record without pressing it immediately — preserving it for later.

Evidence (1)

Informal

Chart showing cellular phone calls made by Detective Phillips on June 13th, with certain numbers redacted

discussed; Cochran reserves objection pending offer of proof

Notable Exchanges (2)

Johnnie Cochran•Marcia Clark

Clark asserts the blacked-out numbers have no bearing on the case; Cochran counters that they may, and signals he will press the issue later with an offer of proof.

strategic

Lance A. Ito•Johnnie Cochran

Ito reminds the parties this issue of private calls and watch commander calls was previously litigated months earlier; Cochran acknowledges but signals the defense may have new grounds.

procedural

Objections

None recorded

Proceeding 4881 • 7 utterances

Criminal Trial

Department 103