📄 Sidebar: Cathy Randa hearsay — Thursday, February 2, 1995
📅 Feb 2 — Day 11
⚖️ Lance A. Ito🛡️ Carl Douglas
domestic_violencetimelinewitness_credibility
Address:
C:\DEPT103\CRIMINAL\1995\FEB\2\SIDEBAR-CATHY-RANDA-HEARSAY.DOC
TRIAL
▲ Day 11 of 167

Sidebar: Cathy Randa hearsay

Date: Thursday, February 2, 1995 • Utterances: 14
Defense attorney Carl Douglas sought to introduce testimony from Cathy Randa about a conversation in which she told witness Shipp to stop dropping by O.J. Simpson's property unannounced. Douglas argued this contradicted Shipp's testimony that he had free access to Simpson's home, and was not hearsay because it was offered for Shipp's state of mind, not truth of the matter. Judge Ito overruled the prosecution's hearsay objection but strictly limited the line of questioning to one or two questions.
1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)
2 THE COURT:

ALL RIGHT. WE ARE OVER AT THE SIDE BAR. MR. DOUGLAS, WHERE ARE WE GOING WITH THIS.

3 MR. DOUGLAS:

YOUR HONOR, HE SAID YESTERDAY THAT IT WAS ALWAYS FINE FOR HIM TO DROP OVER TO MR. SIMPSON'S HOUSE UNANNOUNCED, SUGGESTING THAT THAT WAS THE QUALITY OF THEIR FRIENDSHIP. THIS YEAR -- LAST YEAR MISS RANDA HAD A CONVERSATION WITH MR. SHIPP WHEN SHE ASKED MR. SHIPP TO NOT KEEP DROPPING BY, COMING OVER, PLAYING TENNIS, BECAUSE HE WAS CREATING A DISTURBANCE AND MR. SIMPSON DIDN'T WANT THAT TO OCCUR. MISS RANDA WILL TESTIFY THAT IT GOES TO HIS STATE OF MIND, IT GOES TO CHALLENGE THE ACCURACY OF A STATEMENT THAT HE MAKES. IF HE DENIES IT, I CAN ARGUE IT, AND IF HE ACKNOWLEDGES IT, I CAN ARGUE IT ACCORDINGLY. IT IS DIRECTLY CONTRADICTING HIS SUGGESTION THAT HE HAD FREE REIGN TO THE PREMISES.

4 MR. DARDEN:

THAT IS WHY WE HAVE WITNESSES AND DECLARANTS AND THAT IS WHY WE HAVE THE WITNESS DECLARANTS COME TO COURT AND TESTIFY. DO YOU REMEMBER THE TIME WHEN SHE TOLD YOU THIS? THAT CALLS FOR HEARSAY.

5 MR. DOUGLAS:

NOT HEARSAY.

6 MR. DARDEN:

IT ISN'T?

7 MR. DOUGLAS:

IT IS NOT OFFERED FOR THE TRUTH OF THE MATTER. IT IS OFFERED FOR HIS STATE OF MIND.

KEY QUOTE
8 THE COURT:

KEEP YOUR VOICE DOWN. THE OBJECTION IS OVERRULED, BUT SEVERELY LIMITED; TWO QUESTIONS.

9 MR. COCHRAN:

AS NECESSARY.

10 THE COURT:

NO. WERE YOU EVER ADVISED DURING THE COURSE NOT TO DO THIS? YES OR NO. ALL RIGHT. MAYBE ONE FOLLOW-UP QUESTION.

11 MR. COCHRAN:

WE ARE NOT GOING TO VIOLATE YOUR RULE.

12 THE COURT:

WE ARE NOT GOING TO SPEND ALL DAY ON THIS.

13 MR. DOUGLAS:

I DIDN'T INTEND ON THIS.

14 THE COURT:

I KNOW. I SAID OVERRULED.

Temperature

procedural

Key Quotes (3)

Carl Douglas
IT IS DIRECTLY CONTRADICTING HIS SUGGESTION THAT HE HAD FREE REIGN TO THE PREMISES.
Articulates the defense's core purpose: undermining Shipp's characterization of his close, unrestricted friendship with Simpson.
Carl Douglas
IT IS NOT OFFERED FOR THE TRUTH OF THE MATTER. IT IS OFFERED FOR HIS STATE OF MIND.
Classic hearsay exception argument — the statement's legal effect, not its content, is what matters.
Lance A. Ito
THE OBJECTION IS OVERRULED, BUT SEVERELY LIMITED; TWO QUESTIONS.
Ito grants the defense a narrow win but immediately constrains its scope.

Evidence (1)

Informal
Cathy Randa's conversation with Ron Shipp in which she asked him to stop visiting Simpson's property unannounced
discussed — defense seeking to elicit via Randa's testimony

Notable Exchanges (2)

Carl DouglasChristopher Darden
Darden objects that asking Shipp whether Randa told him to stop coming over calls for hearsay; Douglas counters it is offered for state of mind, not truth of the matter.
strategic
Lance A. ItoJohnnie Cochran
Ito limits the line of questioning to two questions; Cochran signals compliance; Ito warns they will not spend all day on it.
terse

Credibility Attacks (1)

⚔ Ron Shipp
prior inconsistent statement / contradiction via third-party witness
Defense sought to use Randa's conversation to contradict Shipp's testimony that he had free, unannounced access to Simpson's home, undermining his portrayal of their close friendship.

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 4563 • 14 utterances
Criminal Trial
Department 103
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