Sidebar: DNA protocols

📄 Sidebar: DNA protocols — Friday, February 17, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\17\SIDEBAR-DNA-PROTOCOLS.DOC

TRIAL

▲ Day 21 of 167

◀ Direct examination of Tom Lange (part 1) Direct examination of Tom Lange (part 2) ▶

Date: Friday, February 17, 1995 • Utterances: 16

A brief sidebar to clarify the evidence-handling protocol for the glove and ring, which were to be marked as exhibits, photographed, and sent to Albany for DNA testing over the weekend. Cochran admitted unfamiliarity with the DNA arrangements and wanted the relevant lawyers to speak. The sidebar also ended with Ito noting that Juror No. 98 had suffered a death in the family and would need to be addressed after the session.

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

# 2 THE COURT:

WHAT'S THE PROBLEM?

# 3 MR. COCHRAN:

WE MAY NEED TO BREAK THE ONE-LAWYER RULE. I ONLY KNOW CERTAIN THINGS. I HAVEN'T BEEN FOLLOWING THE WHOLE DNA THING. SO THE REASON WHY -- WE'RE NOT TRYING TO CONSTANTLY MAKE THOSE SPEAKING OBJECTIONS. WE ARE JUST TRYING TO DO WHAT YOU APPARENTLY AGREED TO. AND I WOULD LIKE FOR THE LAWYERS WHO ARE GOING TO BE SHIPPING THIS TO ALBANY ADDRESS THIS BECAUSE APPARENTLY THEY'VE WORKED OUT AN AGREEMENT THAT I'M NOT SURE THESE LAWYERS KNOW.

# 4 MR. DARDEN:

THE AGREEMENT AS WE UNDERSTAND IT, WE ARE GOING TO SHOW THE WITNESS TODAY THE -- MARK THE GLOVE AND THE RING. IS THAT RIGHT?

# 5 MS. CLARK:

WHAT WE'RE GOING TO DO --

# 6 MR. SCHECK:

PUT IT ALL BACK IN THE PACKAGE, YOU CAN PHOTOGRAPH IT AND SEND IT BACK.

# 7 MR. DARDEN:

MR. HODGMAN IS HERE. WE'RE NOT BREAKING THE AGREEMENT.

# 8 MR. COCHRAN:

THAT'S NOT WHAT THEY SAID OVER THERE. THEY SAID OVER THERE, "WE ARE GOING TO PUT IN THIS EVIDENCE." MARCIA TOLD ME --

# 9 THE COURT:

WAIT, WAIT, WAIT. WAIT MEANS EVERYBODY STOP.

YES, IT'S GOING INTO EVIDENCE, AND THEN I'M GOING TO SIGN AN ORDER ORDERING THAT PHOTOGRAPHS BE PUT IN THERE INSTEAD AND THEY BE ALLOWED TO BE TESTED OVER THE WEEKEND AND RETURNED TO THE COURT. THAT'S WHAT THE DEAL IS.

# 10 MS. CLARK:

RIGHT.

# 11 MR. DARDEN:

WHY ARE WE UP HERE?

# 12 THE COURT:

WAIT, WAIT. GUYS, WHEN I SAY WAIT, PLEASE.

# 13 MR. DARDEN:

YOUR HONOR, I HAVE A KNIFE.

KEY QUOTE

# 14 THE COURT:

GIVE ME MY KEYS BACK.

# 15 MR. DARDEN:

NOT YET.

# 16 THE COURT:

GIVE ME MY KEYS. ALL RIGHT. JUROR NO. 98 HAS HAD A DEATH IN HER FAMILY. I THINK HER SISTER DIED. AND SO WHEN WE CONCLUDE, I WANT TO CALL HER UP BECAUSE I GAVE HER EXTENDED PHONE PRIVILEGES LAST NIGHT SO SHE -- I THINK SHE MAY HAVE TO GO BACK TO MISSISSIPPI OR MISSOURI, SOMETHING LIKE THAT. SO I NEED TO HEAR FROM HER WHAT HER ARRANGEMENTS ARE, BUT WE'LL DO THAT AFTER WE CONCLUDE THIS BUSINESS. ALL RIGHT.

Temperature

light

Key Quotes (3)

Johnnie Cochran

I HAVEN'T BEEN FOLLOWING THE WHOLE DNA THING. SO THE REASON WHY -- WE'RE NOT TRYING TO CONSTANTLY MAKE THOSE SPEAKING OBJECTIONS. WE ARE JUST TRYING TO DO WHAT YOU APPARENTLY AGREED TO.

Cochran openly admitted he was out of the loop on DNA logistics, revealing a division of labor within the defense team.

Lance A. Ito

YES, IT'S GOING INTO EVIDENCE, AND THEN I'M GOING TO SIGN AN ORDER ORDERING THAT PHOTOGRAPHS BE PUT IN THERE INSTEAD AND THEY BE ALLOWED TO BE TESTED OVER THE WEEKEND AND RETURNED TO THE COURT. THAT'S WHAT THE DEAL IS.

Ito cut through the confusion and restated the agreed protocol clearly — physical evidence in, photos substituted, items out for testing.

Christopher Darden

YOUR HONOR, I HAVE A KNIFE.

A deadpan non-sequitur that prompted a laugh — Ito's 'Give me my keys back' response suggests it was a playful jab referencing something physical at the bench.

Evidence (2)

Informal

The glove — to be marked as evidence, photographed, and sent to Albany for DNA testing

discussed, protocol clarified

Informal

The ring — same handling protocol as the glove

discussed, protocol clarified

Notable Exchanges (2)

Johnnie Cochran•Christopher Darden•Lance A. Ito

Confusion over the evidence-handling agreement — Cochran claimed the prosecution lawyers had said evidence would be introduced outright; Ito clarified the actual deal involved photographing and returning items for testing.

mildly tense, resolved quickly

Christopher Darden•Lance A. Ito

Darden said 'I have a knife,' Ito demanded his keys back, Darden refused briefly — apparently a playful moment at the bench.

light, comedic

Light Moments (2)

Christopher Darden

Darden announced 'I have a knife,' prompting Ito to demand his keys back and Darden to refuse — apparently holding something of the judge's hostage as a joke.

Christopher Darden

Darden's exasperated 'WHY ARE WE UP HERE?' after Ito restated the deal everyone apparently already agreed to.

Objections

None recorded

Proceeding 4899 • 16 utterances

Criminal Trial

Department 103