Sidebar: impeachment evidence

📄 Sidebar: impeachment evidence — Thursday, February 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\2\SIDEBAR-IMPEACHMENT-EVIDENCE.DOC

TRIAL

▲ Day 11 of 167

◀ Cross-examination of Ronald Shipp (morning, part 1) Cross-examination of Ronald Shipp (morning, part 2) ▶

Date: Thursday, February 2, 1995 • Utterances: 8

Darden raised a concern at sidebar about potential impeachment evidence against witness Ron Shipp, specifically a rumored allegation that Shipp beat his wife. Darden withdrew his objection to the previous question but asked for a 402 offer of proof and a 352 hearing before any such evidence could be presented to the jury. Ito ordered that the defense approach sidebar before introducing that information.

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

# 2 THE COURT:

MR. DARDEN, YOU HAD AN OBJECTION?

# 3 MR. DARDEN:

YES. YOU KNOW, ACTUALLY I'LL WITHDRAW MY OBJECTION TO THE LAST QUESTION AND ANSWER. BUT I THINK WE SHOULD HAVE A 402 ON SOME OF THE IMPEACHMENT EVIDENCE THEY WANT TO INTRODUCE. THERE'S A RUMOR IN THE BUILDING THAT THEY'RE GOING TO ALLEGE THAT MR. SHIPP BEAT HIS WIFE, WHICH I THINK IS IRRELEVANT, IF THAT IS AN ALLEGATION THEY WISH TO MAKE IN FRONT OF THE JURY. SO I WOULD ASK FOR AN OFFER OF PROOF AND I WOULD LIKE TO HAVE A 352 HEARING ON THE ISSUE BEFORE IT'S INTRODUCED IN FRONT OF THE JURY.

# 4 THE COURT:

WELL, LET'S SEE WHERE WE GO. SO YOU ARE WITHDRAWING YOUR OBJECTION TO THE QUESTION?

# 5 MR. DARDEN:

CAN WE AGREE THAT WE WILL APPROACH THE SIDEBAR BEFORE THAT INFORMATION?

# 6 THE COURT:

ALL RIGHT. SO ORDERED.

# 7 MR. DARDEN:

THANK YOU.

# 8 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

Temperature

procedural

Key Quotes (2)

Christopher Darden

THERE'S A RUMOR IN THE BUILDING THAT THEY'RE GOING TO ALLEGE THAT MR. SHIPP BEAT HIS WIFE, WHICH I THINK IS IRRELEVANT

Reveals prosecution's anticipation of a specific impeachment attack on Ron Shipp — domestic violence allegations against the witness himself — and frames it as irrelevant character evidence requiring a hearing.

Christopher Darden

I WOULD ASK FOR AN OFFER OF PROOF AND I WOULD LIKE TO HAVE A 352 HEARING ON THE ISSUE BEFORE IT'S INTRODUCED IN FRONT OF THE JURY.

Prosecution seeks procedural protection to keep potentially prejudicial impeachment evidence from reaching the jury without judicial screening.

Notable Exchanges (1)

Christopher Darden•Lance A. Ito

Darden withdrew his pending objection but successfully secured a standing order requiring the defense to approach sidebar before introducing any evidence that Shipp beat his wife.

strategic

Credibility Attacks (1)

⚔ Ron Shipp

impeachment — prior bad acts (alleged domestic violence)

Defense reportedly planned to allege that Ron Shipp beat his wife as impeachment of his character; prosecution moved to block this without a prior 402/352 hearing.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 4528 • 8 utterances

Criminal Trial

Department 103