📄 Recess (jury absent) — Thursday, February 2, 1995
📅 Feb 2 — Day 11
⚖️ Lance A. Ito
jury
Address:
C:\DEPT103\CRIMINAL\1995\FEB\2\RECESS-JURY-ABSENT-.DOC
TRIAL
▲ Day 11 of 167

Recess (jury absent)

Date: Thursday, February 2, 1995 • Utterances: 11
Judge Ito sends the jury out for a 15-minute recess, then hears a brief complaint from Robert Shapiro about witness Ron Shipp's behavior during a sidebar. Shapiro alleged Shipp was staring, mouthing words, and making facial expressions at Simpson and counsel in front of the jury. Prosecutor Cheri Lewis offered a benign explanation, and Ito closed the matter with a wry suggestion that Court TV footage might resolve it.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)
2 THE COURT:

LADIES AND GENTLEMEN OF THE JURY, WE ARE GOING TO TAKE A BRIEF 15-MINUTE RECESS AT THIS TIME. PLEASE REMEMBER MY ADMONITION TO YOU; DON'T DISCUSS THE CASE AMONG YOURSELVES, FORM ANY OPINIONS, ALLOW ANYBODY TO TALK ABOUT THE CASE. I'M GOING TO ASK YOU TO STEP BACK IN THE JURY ROOM, PLEASE. ALL RIGHT. MR. SHIPP, YOU MAY STEP DOWN. LET'S HAVE IT QUIET IN THE COURTROOM, PLEASE. WE'RE STILL IN SESSION.

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

THANK YOU, COUNSEL. WE'LL BE IN RECESS FOR 15.

5 MR. SHAPIRO:

MAY WE PUT SOMETHING ON THE RECORD, PLEASE, OUTSIDE THE PRESENCE OF THE JURY?

6 THE COURT:

SURE. THE RECORD WILL REFLECT THE JURY HAS WITHDRAWN FROM THE COURTROOM. MR. SHAPIRO.

7 MR. SHAPIRO:

YES, YOUR HONOR. WHILE YOU WERE DIRECTING YOUR ATTENTION TO COUNSEL AT SIDEBAR, I WAS CONFERRING WITH MR. SIMPSON; AND MR. SHIPP CONTINUALLY WAS STARING AT US, WAS MOUTHING SOME TYPE OF WORDS IN SOME TYPE OF ATTEMPT TO EITHER COMMUNICATE WITH ME OR WITH MR. SIMPSON, WAS MAKING VERY UNUSUAL FACIAL EXPRESSIONS THAT WOULD GO FROM A GRIMACE TO A SNIRK -- TO A SMIRK, AND IT WAS IN FRONT OF THE JURY AND I FOUND IT -- I FOUND IT MYSELF TO BE VERY, VERY UNCOMFORTABLE, AND I TRIED TO DIRECT MY ATTENTION AWAY FROM HIM, AND I WANTED TO CALL THAT TO THE COURT'S ATTENTION.

8 THE COURT:

ALL RIGHT. MS. LEWIS, YOU HAD A COMMENT?

9 MS. LEWIS:

YOUR HONOR, I HAVE BEEN SITTING AT THE BACK OF THE COURTROOM AT THE SMALLER COUNSEL TABLE DURING THE TIME THAT MR. SHIPP WAS WAITING FOR THE SIDEBAR CONFERENCE TO FINISH, AND WHAT I SAW WAS A WITNESS WHO DIDN'T KNOW WHERE TO LOOK. HE DIDN'T WANT TO SIT THERE AND STARE AT THE JURY. HE COULD NOT STARE AT THE AUDIENCE. SO HE WAS LOOKING AROUND, AS IS TYPICAL OF A WITNESS WHEN ATTORNEYS ARE AT SIDEBAR. I DIDN'T SEE HIM MAKE ANY UNUSUAL EXPRESSIONS OTHER THAN THOSE TYPICAL AND CONSISTENT WITH A WITNESS WHO IS JUST TRYING TO DETERMINE WHAT TO DO WHILE THE ATTORNEYS ARE AT SIDEBAR.

10 THE COURT:

ALL RIGHT. WELL, IF WE HAVE ANY LUCK, MAYBE COURT T.V. HAD THE FOCUS ON MR. SHIPP DURING THAT TIME. WE'LL SEE. LET'S TAKE A 15-MINUTE RECESS.

KEY QUOTE
11 (RECESS.)

Temperature

procedural

Key Quotes (3)

Robert Shapiro
MR. SHIPP CONTINUALLY WAS STARING AT US, WAS MOUTHING SOME TYPE OF WORDS IN SOME TYPE OF ATTEMPT TO EITHER COMMUNICATE WITH ME OR WITH MR. SIMPSON, WAS MAKING VERY UNUSUAL FACIAL EXPRESSIONS THAT WOULD GO FROM A GRIMACE TO A SNIRK -- TO A SMIRK
Shapiro attempts to flag potential witness misconduct in front of the jury, which could be grounds for a curative instruction or other relief.
Cheri Lewis
WHAT I SAW WAS A WITNESS WHO DIDN'T KNOW WHERE TO LOOK. HE DIDN'T WANT TO SIT THERE AND STARE AT THE JURY. HE COULD NOT STARE AT THE AUDIENCE.
Lewis offers the prosecution's counternarrative — that Shipp's behavior was normal witness awkwardness, not improper communication.
Lance A. Ito
IF WE HAVE ANY LUCK, MAYBE COURT T.V. HAD THE FOCUS ON MR. SHIPP DURING THAT TIME. WE'LL SEE.
Ito deflects the dispute with dry humor, acknowledging the ubiquitous cameras without ruling definitively either way.

Notable Exchanges (1)

Robert ShapiroCheri Lewis
Shapiro raised a concern that witness Ron Shipp was making faces and mouthing words at Simpson and counsel during a sidebar. Lewis rebutted that Shipp was simply an uncomfortable witness unsure where to look.
strategic

Light Moments (1)

Lance A. Ito
Ito suggested Court TV cameras might have captured Shipp's expression and could settle the dispute — a wry nod to the trial's media circus.

Objections

None recorded
Proceeding 4535 • 11 utterances
Criminal Trial
Department 103
⚖️ Start
📂 FEB 2, 1995 📄 Recess (jury absent)
FEB 2, 1995 KRT DvH TD