Sidebar: VIP treatment procedures

📄 Sidebar: VIP treatment procedures — Wednesday, February 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\15\SIDEBAR-VIP-TREATMENT-PROCEDUR.DOC

TRIAL

▲ Day 19 of 167

◀ Direct examination of Ronald Phillips (part 4) Direct examination of Ronald Phillips (part 5) ▶

Date: Wednesday, February 15, 1995 • Utterances: 21

During a sidebar, Cochran objects to the prosecution's use of the phrase 'VIP treatment' to characterize how officers handled notification procedures involving Simpson, arguing it is the witness's conclusion rather than established fact. Clark counters that the term is relevant to the officers' state of mind and anticipates it will become significant. Judge Ito overrules the objection, tells both sides not to overinflate the issue, and urges the court to move on.

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

# 2 MR. COCHRAN:

YOUR HONOR, FIRST OF ALL, THIS STUFF ABOUT VIP TREATMENT, THAT'S HER CONCLUSION.

# 3 THE COURT:

LET ME ASK YOU A QUESTION. WHY WOULD YOU OBJECT TO THAT?

# 4 MR. COCHRAN:

WELL, BECAUSE I DON'T THINK THIS WAS VIP TREATMENT. I DON'T THINK THIS WAS VIP TREATMENT BECAUSE THE EVIDENCE IS GOING TO BE, THESE GUYS SAID THEY WERE GOING TO GO OVER THERE, THEY WERE TOLD NOT TO GIVE HIM ANY SPECIAL NOTICE. AT THE PRELIMINARY HEARING, THEY PUT ON TESTIMONY TO SHOW THE DIRECTIONS AND THERE WASN'T ANYTHING ABOUT VIP TREATMENT. WE DIDN'T HEAR ABOUT THIS UNTIL NOW.

# 5 MS. CLARK:

THIS WITNESS DIDN'T EVEN TESTIFY AT THE PRELIMINARY HEARING.

# 6 MR. COCHRAN:

OBVIOUSLY THE OTHER OFFICERS WOULD KNOW ABOUT THIS.

# 7 MS. CLARK:

NO, THEY WOULDN'T. IT WAS DETECTIVE VANNATTER AND DETECTIVE LANGE.

# 8 THE COURT:

BUT IF SHE ASKS THE QUESTION, WHICH IS, HOW MANY TIMES HAVE YOU HAD A COMMANDER TELL YOU TO GO PERSONALLY NOTIFY SOMEBODY, NOT OFTEN.

# 9 MR. COCHRAN:

YES.

# 10 THE COURT:

JOHNNIE, YOU KNOW WHAT'S GOING ON HERE.

KEY QUOTE

# 11 MR. COCHRAN:

JUDGE, I UNDERSTAND THAT, BUT I DON'T HAVE TO LISTEN. THERE IS NOT ANY REPORTS, NOTHING WE'VE SEEN OR HEARD BEFORE TODAY. I'M SHOCKED AND SURPRISED THE LAPD WOULD HAVE VIP TREATMENT AND I THINK I HAVE A RIGHT TO OBJECT. HER QUESTION WAS OBJECTIONABLE BECAUSE SHE TALKED ABOUT VIP TREATMENT. I PRESUME THEY NOTIFY PEOPLE ALL THE TIME.

# 12 MS. CLARK:

REQUIRE THEM TO, BUT DON'T REQUIRE THEM TO GO TO THE LENGTH HE WENT TO. AND THIS IS RELEVANT TO THE OFFICER'S STATE OF MIND AND WHAT THEY DID, YOUR HONOR. I MEAN, AS THE COURT IS VERY WELL AWARE, THE OFFICERS ARE GOING TO BE QUESTIONED IN GREAT DEPTH.

# 13 THE COURT:

AT THIS POINT, I'M GOING TO OVERRULE THE OBJECTION. AND CAN YOU HEAR IT? I'M OVERRULING THE OBJECTION. DON'T ASK ME AGAIN. BUT THIS IS A VERY -- NOT A BIG DEAL. LET'S NOT SPEND A LOT OF TIME ON IT.

# 14 MS. CLARK:

YOUR HONOR, ACTUALLY, YOU KNOW, THERE'S SOMETHING I SHOULD --

# 15 THE COURT:

MISS CLARK, HERE'S THE PROBLEM. YOU'RE DOING A LOT OF THIS STUFF IN ANTICIPATION, CORRECT?

# 16 MS. CLARK:

UH-HUH.

# 17 THE COURT:

OKAY.

# 18 MS. CLARK:

I AM, BUT IT'S GOING TO BE A BIG DEAL.

# 19 THE COURT:

WELL --

# 20 MR. COCHRAN:

WHY DON'T YOU WAIT AND SEE IF IT BECOMES A BIG DEAL.

KEY QUOTE

# 21 THE COURT:

LET'S SEE IF IT DOES BECAUSE, YOU KNOW, I'VE ALREADY INDICATED 1538 ISSUES HAVE BEEN RESOLVED. SO THAT'S IRRELEVANT. LET'S ROLL.

Temperature

tense

Key Quotes (4)

Johnnie Cochran

I'M SHOCKED AND SURPRISED THE LAPD WOULD HAVE VIP TREATMENT AND I THINK I HAVE A RIGHT TO OBJECT.

Cochran frames the objection as substantive — challenging the premise that LAPD would give Simpson preferential treatment — while also preserving his record.

Lance A. Ito

JOHNNIE, YOU KNOW WHAT'S GOING ON HERE.

Ito signals he sees through the objection, indicating he believes Cochran understands the prosecution's legitimate point.

Lance A. Ito

DON'T ASK ME AGAIN. BUT THIS IS A VERY -- NOT A BIG DEAL. LET'S NOT SPEND A LOT OF TIME ON IT.

Ito overrules and openly minimizes the dispute, pushing back on both sides for dramatizing a routine evidentiary question.

Johnnie Cochran

WHY DON'T YOU WAIT AND SEE IF IT BECOMES A BIG DEAL.

Cochran's parting shot — echoing the judge's own skepticism back at Clark — shows the adversarial dynamic even in sidebar.

Notable Exchanges (2)

Lance A. Ito•Marcia Clark

Ito pushes back on Clark for anticipating issues before they fully materialize, suggesting she is overreaching in her examination strategy.

corrective

Lance A. Ito•Johnnie Cochran

Ito tells Cochran directly 'you know what's going on here,' signaling the objection is transparent gamesmanship, while Cochran insists he has a legitimate basis.

strategic

Light Moments (1)

Lance A. Ito

Ito closes with 'Let's roll' after referencing that 1538 issues are resolved — an unusually casual sign-off for a bench ruling.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4873 • 21 utterances

Criminal Trial

Department 103