Jury assembly

📄 Jury assembly — Thursday, February 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\2\JURY-ASSEMBLY.DOC

TRIAL

▲ Day 11 of 167

◀ Recess (jury absent) Cross-examination of Ronald Shipp (afternoon, part 1) ▶

Date: Thursday, February 2, 1995 • Utterances: 23

Judge Ito addressed a brief delay caused by Cochran's appearance in another courtroom, then handled an incident where witness Ron Shipp was observed attempting to communicate with OJ Simpson during a sidebar. Darden revealed Shipp had mouthed 'Tell the truth' to the defendant; the judge overruled Darden's attempt to explore it on redirect and instead admonished the jury to disregard any such conduct.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

# 2 THE COURT:

BACK ON THE RECORD IN THE SIMPSON MATTER. ALL THE PARTIES ARE PRESENT. MR. COCHRAN, DID EVERYTHING GET TAKEN CARE OF IN 111?

# 3 MR. COCHRAN:

NO, THEY HAVE A HEARING. I LEFT MISS CHAPMAN AND I WILL GO BACK HOPEFULLY TO ARGUE IT.

# 4 THE COURT:

YOU KNOW I VERY MUCH APPRECIATE YOUR OTHER OBLIGATIONS.

# 5 MR. COCHRAN:

I APPRECIATE THAT, YOUR HONOR.

# 6 THE COURT:

COUNSEL, BEFORE WE RESUME, I HAVE BEEN ADVISED BY MEMBERS OF MY STAFF THAT THEY DID IN FACT OBSERVE MR. SHIPP DURING THE COURSE OF THE SIDE BAR CONFERENCE MAKE SOME GESTURE OR ATTEMPT TO COMMUNICATE WITH THE DEFENDANT. AND WHEN THE JURY COMES OUT, I AM GOING TO ORDER THEM TO DISREGARD THAT.

# 7 MR. DARDEN:

YOUR HONOR, I ASKED MR. SHIPP DURING THE BREAK IF HE MOUTHED SOMETHING TO THE DEFENDANT WHILE WE WERE AT SIDE BAR AND HE TOLD ME THAT, YES, IN FACT HE DID, AND I INTEND TO ASK HIM ON REDIRECT WHAT IT WAS, SINCE IT WAS DONE IN THE PRESENCE OF THE JURY.

WE WOULD LIKE TO ASK THE -- EXCUSE ME. THE JURY SAW IT. I WOULD LIKE TO KNOW WHAT IT IS HE SAID TO HIM. I WOULD LIKE HIM TO KNOW WHAT IT IS HE SAID TO HIM.

# 8 MR. DOUGLAS:

THAT IS NOT EVIDENCE, YOUR HONOR. THAT IS NOT PROPER. I THINK THE COURT SHOULD ADMONISH.

# 9 THE COURT:

I'M GOING TO ADMONISH AND COMMUNICATIONS BETWEEN A WITNESS AND A DEFENDANT DURING THE COURSE OF A TRIAL I DON'T THINK ARE RELEVANT TO ANYTHING, UNLESS THERE IS SOMETHING HIGHLY UNUSUAL. I'M NOT GOING TO GET INTO THAT IN FRONT OF THE JURY.

# 10 MR. BAILEY:

CAN WE HEAR WHAT HE SAID?

# 11 THE COURT:

WHAT DID HE SAY, MR. DARDEN? WHAT IS YOUR OFFER OF PROOF?

# 12 MR. DARDEN:

HE SAID "TELL THE TRUTH."

# 13 MR. DOUGLAS:

I WOULD OBJECT, YOUR HONOR.

# 14 MR. COCHRAN:

THAT IS EXACTLY WHAT --

KEY QUOTE

# 15 THE COURT:

MR. COCHRAN, PLEASE. THANK YOU. ALL RIGHT. LET'S HAVE THE JURY, PLEASE.

# 16 (BRIEF PAUSE.)

# 17 MR. DARDEN:

CAN MR. SHIPP HAVE A SEAT ON THE STAND?

# 18 THE COURT:

YES, PLEASE.

# 19 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

# 20 THE COURT:

ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. BE SEATED, PLEASE. ALL RIGHT. GOOD MORNING AGAIN, LADIES AND GENTLEMEN.

# 21 THE JURY:

GOOD MORNING.

# 22 THE COURT:

MY APOLOGIES FOR THE DELAY IN GETTING STARTED AGAIN; HOWEVER, WHEN YOU HAVE SO MANY ATTORNEYS INVOLVED IN A CASE, THIS, AS YOU WILL FIND OUT, IS NOT THEIR ONLY CASE THAT THEY HAVE. AND I ALLOWED ONE OF THE ATTORNEYS TO MAKE A QUICK APPEARANCE IN ANOTHER COURTROOM IN THE COURTHOUSE AND THAT ATTORNEY WAS UNFORTUNATELY DELAYED AND THAT WAS THE REASON FOR THE LONGER CONTINUANCE THAN I HAD ANTICIPATED. ALSO, DURING THE COURSE OF THE LAST SIDE BAR DISCUSSION IT WAS BROUGHT TO MY ATTENTION THAT THERE APPEARED TO BE SOME COMMUNICATION OR ATTEMPTED COMMUNICATION BETWEEN THE WITNESS, MR. SHIPP, AND PERSONS OVER AT COUNSEL TABLE. YOU ARE INSTRUCTED TO DISREGARD ANY CONDUCT THAT YOU SEE LIKE THAT. IT IS OBVIOUSLY NOT EVIDENCE. I HAVE INSTRUCTED THE WITNESS NOT TO DO ANYTHING LIKE THAT IN THE FUTURE, BUT PLEASE DISREGARD ANYTHING THAT YOU SEE OF THAT NATURE. ALL RIGHT. MR. DOUGLAS. YOU MAY CONTINUE.

# 23 MR. DOUGLAS:

THANK YOU, YOUR HONOR.

Temperature

tense

Key Quotes (3)

Christopher Darden

HE SAID 'TELL THE TRUTH.'

Reveals what Shipp silently communicated to Simpson — a loaded gesture from a prosecution witness who was Simpson's friend and whose testimony concerned Simpson's prior domestic violence admissions.

Lance A. Ito

COMMUNICATIONS BETWEEN A WITNESS AND A DEFENDANT DURING THE COURSE OF A TRIAL I DON'T THINK ARE RELEVANT TO ANYTHING, UNLESS THERE IS SOMETHING HIGHLY UNUSUAL.

Judge shuts down Darden's attempt to use the incident as redirect material, keeping it out of the jury's consideration.

Johnnie Cochran

THAT IS EXACTLY WHAT --

Cochran's interrupted reaction suggests he found Shipp's message ('Tell the truth') vindicated or at least unsurprising from the defense's perspective.

Notable Exchanges (2)

Christopher Darden•Carl Douglas•Lance A. Ito

Darden wanted to ask Shipp on redirect what he mouthed to Simpson; Douglas objected; Ito shut it down and ordered a jury admonishment instead.

strategic

F. Lee Bailey•Lance A. Ito•Christopher Darden

Bailey asked what Shipp actually said, prompting Ito to demand Darden's offer of proof, which turned out to be 'Tell the truth.'

revealing

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4561 • 23 utterances

Criminal Trial

Department 103