Sidebar: coroner transcript foundation

📄 Sidebar: coroner transcript foundation — Thursday, February 16, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\16\SIDEBAR-CORONER-TRANSCRIPT-FOU.DOC

TRIAL

▲ Day 20 of 167

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

Date: Thursday, February 16, 1995 • Utterances: 16

Judge Ito pulls Clark to the bench to push back on her examination technique — she was asking the detective witness what phrases in a transcript meant before properly walking through the conversation itself. Clark admits she was trying to speed through the examination, and Cochran takes a shot at her for it.

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

# 2 THE COURT:

ALL RIGHT. AREN'T WE SORT OF LEAPING AHEAD, THOUGH? AREN'T YOU GOING TO HAVE HIM GO THROUGH THE CONVERSATION AND SAY DID YOU SAY THIS? YES. WHAT DOES THIS MEAN? WHAT IS FIRST ROLL? WHAT DO YOU MEAN BY THE PRESS? WHAT ARE ANTS? I MEAN, AREN'T WE SORT OF AHEAD OF OURSELVES HERE?

# 3 MS. CLARK:

WHAT DO YOU MEAN "AHEAD OF OURSELVES"?

# 4 THE COURT:

YOU HAVEN'T GONE THROUGH THE CONVERSATION WITH THE DETECTIVE YET, SO TO PUT UP A TRANSCRIPT AND SAY WHAT DO YOU MEAN BY THIS, I MEAN, THAT IS A VERY VAGUE QUESTION. IT DOESN'T GO TO ANY SPECIFICS, WHAT DID YOU MEAN BY THIS? I MEAN, THAT IS WHAT YOU HAVE ASKED.

KEY QUOTE

# 5 MS. CLARK:

YEAH.

# 6 THE COURT:

DON'T WE NEED TO GO THROUGH THE CONVERSATION? IF THERE IS SOMETHING THAT IS AMBIGUOUS OR SUBJECT TO INTERPRETATION, THEN DON'T WE HAVE TO HAVE A QUESTION.

# 7 MS. CLARK:

IT WOULD PROBABLY BE A VERY GOOD IDEA.

# 8 MR. COCHRAN:

SPEAKS FOR ITSELF, YOUR HONOR.

# 9 MS. CLARK:

I WANT THIS TO BE DONE WITH. AS I INDICATED TO THE COURT EARLIER, I AM TRYING TO SPEED IT UP. YOU ARE RIGHT.

# 10 THE COURT:

THE PROBLEM IS, YOU KNOW, NOT GOING BY THE RULES HERE. WHAT DOES THAT MEAN?

# 11 MR. COCHRAN:

SURE.

# 12 THE COURT:

ISN'T THAT THE ISSUE?

# 13 MS. CLARK:

YES, IT IS.

# 14 MR. COCHRAN:

SHE WANTS THIS TO BE DONE WITH, YOUR HONOR, SHE CAN JUST SAY SIMPLY I HAVE NO FURTHER QUESTIONS.

KEY QUOTE

# 15 MS. CLARK:

EXCEPT THAT THE PEOPLE NEED TO PROVE THEIR CASE AND PUT ON EVIDENCE AS MUCH AS I KNOW COUNSEL DOESN'T WANT TO DO THAT.

KEY QUOTE

# 16 THE COURT:

OKAY.

Temperature

tense

Key Quotes (3)

Lance A. Ito

YOU HAVEN'T GONE THROUGH THE CONVERSATION WITH THE DETECTIVE YET, SO TO PUT UP A TRANSCRIPT AND SAY WHAT DO YOU MEAN BY THIS, I MEAN, THAT IS A VERY VAGUE QUESTION.

Ito identifies the foundational problem — Clark is asking interpretive questions before establishing the context of the conversation through proper examination.

Johnnie Cochran

SHE WANTS THIS TO BE DONE WITH, YOUR HONOR, SHE CAN JUST SAY SIMPLY I HAVE NO FURTHER QUESTIONS.

Cochran exploits Clark's admission that she wants to move on, turning it into a jab suggesting she should just end the examination entirely.

Marcia Clark

EXCEPT THAT THE PEOPLE NEED TO PROVE THEIR CASE AND PUT ON EVIDENCE AS MUCH AS I KNOW COUNSEL DOESN'T WANT TO DO THAT.

Clark defends her intent while landing a counter-jab at Cochran — she's trying to get evidence in, not cut corners.

Evidence (1)

Informal

A transcript of a conversation with a detective, containing terms being questioned ("first roll," "the press," "ants")

discussed — foundational procedure challenged

Notable Exchanges (2)

Lance A. Ito•Marcia Clark

Ito corrects Clark's examination sequence, pointing out she can't ask a witness to interpret transcript language without first walking through the conversation. Clark concedes it 'would probably be a very good idea.'

corrective

Johnnie Cochran•Marcia Clark

After Clark admits she wants to speed through, Cochran suggests she simply rest. Clark fires back that the People have a case to prove.

sniping

Light Moments (1)

Johnnie Cochran

Cochran's deadpan 'SPEAKS FOR ITSELF, YOUR HONOR' — apparently agreeing that Clark's shortcut approach is self-evidently problematic.

Objections

None recorded

Proceeding 5036 • 16 utterances

Criminal Trial

Department 103