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 • Lines: 7

Defense attorney Johnnie Cochran raised an issue concerning the redacted calls shown on a chart of Detective Phillips's cellular phone activity on June 13th. He said he had no problem with the chart, but maintained that the redacted calls might bear on the case and said he would later make an offer of proof concerning what the defense expected to show about the 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 what Cochran called a critical period 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.

Records Cochran's position that the calls may bear on the case and his notice that the issue would be addressed later.

Evidence (1)

Informal

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

discussed; Cochran said he had no problem with the chart and promised a later offer of proof concerning the redacted calls

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 that private calls and watch commander calls were discussed a couple of months earlier; Cochran says he will make an offer of proof at the appropriate time.

procedural

Objections

None recorded

Proceeding 4881 • 7 lines

Criminal Trial

Department 103