Sidebar: directions to Rockingham

📄 Sidebar: directions to Rockingham — Wednesday, February 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\15\SIDEBAR-DIRECTIONS-TO-ROCKINGH.DOC

TRIAL

▲ Day 19 of 167

◀ Direct examination of Ronald Phillips (part 5) Direct examination of Ronald Phillips (part 6) ▶

Date: Wednesday, February 15, 1995 • Utterances: 24

A sidebar during the criminal trial over whether Detective Fuhrman's statement about getting directions to Rockingham from Officer Riske was admissible. Judge Ito sustained Cochran's 352 objection, ruling the point inconsequential and not worth the court's time, while Clark argued she deserved a chance to make her evidentiary argument before being cut off.

# 1 THE COURT:

SURE.

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

# 3 THE COURT:

THIS IS REALLY INCONSEQUENTIAL, ISN'T IT?

# 4 MS. CLARK:

I WAS GOING TO --

# 5 THE COURT:

THIS IS INCONSEQUENTIAL. I MEAN ROCKINGHAM -- I MEAN EVERYBODY KNOWS WHERE IT IS.

# 6 MS. CLARK:

NOW THEY DO.

# 7 MR. COCHRAN:

THERE'S EVIDENCE THAT FUHRMAN'S BEEN OUT THERE. VANNATTER IS GOING TO SAY HE KNEW WHERE IT WAS. HE WORKS WEST LOS ANGELES. IT'S PREPOSTEROUS. WE'RE WASTING ALL THIS TIME.

# 8 THE COURT:

AGREE.

# 9 MR. COCHRAN:

OBJECTION UNDER 352.

# 10 MS. CLARK:

THIS IS NOT -- CAN WE --

# 11 THE COURT:

AT THIS POINT, OBJECTION SUSTAINED.

# 12 MS. CLARK:

I NEVER EVEN GOT A CHANCE TO OFFER ARGUMENT, YOUR HONOR.

# 13 THE COURT:

TELL ME.

# 14 MS. CLARK:

YOU DON'T HAVE TO BE HERE IF YOU DON'T WANT TO.

# 15 THE COURT:

SHE WANTS TO TELL ME HER ARGUMENT. OKAY.

# 16 MS. CLARK:

EXCUSE ME, BUT I THINK THAT EVERY OTHER ATTORNEY WHO HAS APPROACHED AND HAD A REASONABLE BASIS FOR GETTING SOMETHING IN OVER AN OBJECTION HAS BEEN ALLOWED TO OFFER THAT BASIS. I WOULD LIKE TO DO THAT TOO.

KEY QUOTE

# 17 THE COURT:

THAT'S WHAT I AM OFFERING.

# 18 MS. CLARK:

NUMBER ONE, 1241, PEOPLE VERSUS ACALDI, STATEMENT OF FUTURE INTENT. DETECTIVE FUHRMAN STATING THAT HE WAS GOING TO GO AND GET DIRECTIONS FROM OFFICER RISKE SHOULD COME IN UNDER 1241 OF THE EVIDENCE CODE. AND SECONDLY, IT GOES TO EXPLAIN THEIR SUBSEQUENT ACTIONS AND ROUTE THEY TOOK TO ROCKINGHAM, THAT IT WAS BASED ON DIRECTIONS RECEIVED FROM OFFICER -- FROM DETECTIVE FUHRMAN THROUGH OFFICER RISKE.

# 19 MR. COCHRAN:

MAY I BE HEARD? WE HEARD FROM RISKE. THIS IS INCONSEQUENTIAL. IT'S STILL HEARSAY. FUHRMAN'S STATE OF MIND IS NOT RELEVANT. THERE'S GOING TO BE PLENTY OF TESTIMONY REGARDING THIS. THESE GUYS ALL KNEW WHERE IT WAS. THIS IS PREPOSTEROUS. IT'S STILL HEARSAY AND THE COURT HAS LISTENED TO HER AND WE SHOULD PROCEED ON.

# 20 MS. CLARK:

YOU KNOW SOMETHING? COUNSEL IS HYPOCRITICAL. HE'S GOING TO CHALLENGE EVERY ONE OF THESE OFFICERS BASED ON THEIR STATE OF MIND, THEIR MOTIVATION AND INTENTIONS IN EVERY NITPICKING DETAIL HE POSSIBLY CAN. AND TO OBJECT -- I AM TAKING A LONG TIME OVER ITEMS THAT WE KNOW ARE GOING TO BE IN CONTROVERSY. COUNSEL IS FAR BEYOND DISINGENUOUS. COUNSEL IS SIMPLY ATTEMPTING TO RESTRICT DIRECT EXAMINATION.

# 21 MR. COCHRAN:

SHE'S BEING HYSTERICAL.

KEY QUOTE

# 22 THE COURT:

CAREFUL WITH THAT. MR. COCHRAN, BE CAREFUL WHEN YOU CALL PEOPLE HYSTERICAL.

KEY QUOTE

# 23 MR. COCHRAN:

WE HAVEN'T ASKED ONE QUESTION YET. THAT IS THE POINT I AM INDICATING.

# 24 THE COURT:

AT THIS POINT, I'M GOING TO SUSTAIN THE OBJECTION UNDER 352 SIMPLY BECAUSE I THINK THIS IS AN INCONSEQUENTIAL POINT THAT WE ARE WASTING A LOT OF TIME ON. IF DURING CROSS-EXAMINATION HE GOES INTO THIS, YOU CAN COME BACK TO IT.

Temperature

tense

Key Quotes (4)

Johnnie Cochran

SHE'S BEING HYSTERICAL.

Cochran's gendered attack on Clark drew an immediate rebuke from Judge Ito, one of the more notable judicial admonishments of the trial.

Lance A. Ito

CAREFUL WITH THAT. MR. COCHRAN, BE CAREFUL WHEN YOU CALL PEOPLE HYSTERICAL.

Ito publicly called out Cochran's sexist characterization of Clark — a rare direct rebuke from the bench.

Marcia Clark

COUNSEL IS FAR BEYOND DISINGENUOUS. COUNSEL IS SIMPLY ATTEMPTING TO RESTRICT DIRECT EXAMINATION.

Clark openly accused Cochran of bad-faith gamesmanship, escalating the sidebar into a personal clash.

Marcia Clark

EXCUSE ME, BUT I THINK THAT EVERY OTHER ATTORNEY WHO HAS APPROACHED AND HAD A REASONABLE BASIS FOR GETTING SOMETHING IN OVER AN OBJECTION HAS BEEN ALLOWED TO OFFER THAT BASIS.

Clark pushed back on being cut off before argument, asserting equal treatment under the court's own practice.

Evidence (2)

Informal

Fuhrman's statement that he was going to get directions to Rockingham from Officer Riske

disputed — Clark sought admission under Evidence Code 1241 (statement of future intent); objection sustained under 352

Informal

People v. Acaldi, Evidence Code 1241 — statement of future intent

cited by Clark as authority for admissibility

Notable Exchanges (2)

Johnnie Cochran•Marcia Clark

Cochran called Clark 'hysterical,' prompting an immediate judicial warning. Clark had accused Cochran of hypocrisy and bad faith in objecting to details he would later exploit on cross.

heated

Marcia Clark•Lance A. Ito

Ito initially sustained the objection before Clark could argue; Clark pushed back firmly, asserting her right to be heard before a ruling.

tense

Light Moments (1)

Marcia Clark

Ito observed 'Everybody knows where it is' about Rockingham, and Clark quipped 'Now they do' — a wry acknowledgment of the trial's global notoriety.

Credibility Attacks (1)

⚔ Marcia Clark

gendered dismissal

Cochran called Clark 'hysterical' during the sidebar, drawing a rebuke from Judge Ito.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4875 • 24 utterances

Criminal Trial

Department 103