📄 Sidebar: impeachment and credibility — Thursday, February 16, 1995
Address:
C:\DEPT103\CRIMINAL\1995\FEB\16\SIDEBAR-IMPEACHMENT-AND-CREDIB.DOC
TRIAL
▲ Day 20 of 167

Sidebar: impeachment and credibility

Examiner: Johnnie Cochran
Date: Thursday, February 16, 1995 • Utterances: 14
During cross-examination, Cochran used a report from photographer Rolf Rokahr to refresh a detective's recollection about when the photographer arrived at the crime scene. Clark objected at sidebar, arguing Cochran was improperly attempting to impeach Rokahr — who had not yet been called as a witness — over a discrepancy between his report (claiming he arrived around midnight) and the crime scene log (showing 3:25 a.m.). Ito ruled the objection premature since Cochran had only asked whether the report refreshed the witness's recollection.
1 Q:

BY MR. COCHRAN: YOU READ THAT TO YOURSELF?

2 A:

UH-HUH.

3 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)
4 THE COURT:

ALL RIGHT. WE ARE OVER HERE AT THE SIDE BAR.

5 MS. CLARK:

YOUR HONOR, WHAT HE IS GOING TO ATTEMPT TO DO IS IMPEACH ROLF ROKAHR WHO IS NOT A WITNESS IN THIS CASE, WHO IS NOT A WITNESS. WHEN ROLF IS CALLED, THAT IS FINE, BUT IN THE REPORT IT INDICATES -- AND YOU KNOW SOMETHING, NOW THAT I LOOK AT THIS, I THOUGHT THAT THIS DETECTIVE WAS THE ONE WHO TOOK THE STATEMENT. HE IS NOT; IT WAS CLIFF LEFALL WHO TOOK THE STATEMENT. HE IS GOING TO ATTEMPT TO IMPEACH ROLF ROKAHR WHO HAS NOT BEEN CALLED AS A WITNESS WITH RESPECT TO THE TIME OF ARRIVAL WHICH INDICATES IN HIS REPORT THAT HE ARRIVED HE THOUGHT AT ABOUT MIDNIGHT AND THE CRIME SCENE LOG SHOWS THAT HE ARRIVED AT APPROXIMATELY 3:25.

6 THE COURT:

WELL, COUNSEL, HERE IS THE THING, THOUGH. SO FAR ALL THAT HAS HAPPENED IS THAT MR. COCHRAN HAS ASKED MIGHT IT REFRESH HIS RECOLLECTION TO LOOK AT ROKAHR'S REPORT. HE HAS LOOKED AT IT. THE ISSUE IS DOES THAT REFRESH YOUR RECOLLECTION TO WHEN THE PHOTOGRAPHER ARRIVED? HE CAN SAY YES OR NO. THAT IS WHERE WE ARE AT THIS POINT. WE ARE NOT GOING INTO WHAT THE REPORT SAYS.

7 MS. CLARK:

I JUST WANTED THE COURT TO KNOW WHAT COUNSEL IS DOING.

8 THE COURT:

I ASSUMED THAT, TOO.

9 MS. CLARK:

WHY DON'T WE RESOLVE IT NOW.

10 THE COURT:

I HAVE PLAYED THIS GAME BEFORE, TOO. THE POINT IS ALL HE HAS ASKED IS TO REFRESH HIS RECOLLECTION. AT THIS POINT THAT IS ALL IT IS.

KEY QUOTE
11 MR. COCHRAN:

THIS ISN'T A GAME, JUDGE, BUT THAT IS NOT A GAME. I'M SERIOUS.

12 THE COURT:

IT IS A SPORT.

13 MR. COCHRAN:

I WAS TRYING TO CALL TIME OUT.

KEY QUOTE
14 THE COURT:

ALL RIGHT. THE OBJECTION AT THIS POINT IS PREMATURE.

Temperature

procedural

Key Quotes (4)

Marcia Clark
HE IS GOING TO ATTEMPT TO IMPEACH ROLF ROKAHR WHO HAS NOT BEEN CALLED AS A WITNESS WITH RESPECT TO THE TIME OF ARRIVAL WHICH INDICATES IN HIS REPORT THAT HE ARRIVED HE THOUGHT AT ABOUT MIDNIGHT AND THE CRIME SCENE LOG SHOWS THAT HE ARRIVED AT APPROXIMATELY 3:25.
Reveals a meaningful time discrepancy in the crime scene log vs. Rokahr's own account — potential evidence handling or timeline issue.
Lance A. Ito
I HAVE PLAYED THIS GAME BEFORE, TOO. THE POINT IS ALL HE HAS ASKED IS TO REFRESH HIS RECOLLECTION.
Ito signals he sees what Cochran is doing but rules it's not yet ripe for objection.
Lance A. Ito
IT IS A SPORT.
Rare moment of levity from Ito, defusing Cochran's pushback.
Johnnie Cochran
I WAS TRYING TO CALL TIME OUT.
Cochran plays along with Ito's sports metaphor, lightening the sidebar.

Evidence (2)

Informal
Rolf Rokahr's report stating he believed he arrived at the crime scene around midnight
used to refresh witness recollection
Informal
Crime scene log showing Rokahr arrived at approximately 3:25 a.m.
referenced by Clark to highlight discrepancy

Notable Exchanges (2)

Marcia ClarkLance A. Ito
Clark flags Cochran's strategy before it fully plays out; Ito acknowledges he anticipated the move but rules the objection premature.
strategic
Johnnie CochranLance A. Ito
After Ito calls the proceeding 'a sport,' Cochran quips he was 'trying to call time out,' diffusing tension briefly.
light

Light Moments (1)

Lance A. Ito
Ito corrects Cochran's 'this isn't a game' protest by calling it 'a sport' instead; Cochran responds he was 'trying to call time out.'

Credibility Attacks (1)

⚔ Rolf Rokahr
prior inconsistent statement
Cochran attempting to expose a ~3-hour discrepancy between Rokahr's reported arrival time (midnight) and the official crime scene log (3:25 a.m.), though Rokahr had not yet been called as a witness.

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 5053 • 14 utterances
Criminal Trial
Department 103
⚖️ Start
📂 FEB 16, 1995 📄 Sidebar: impeachment and credi
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