Sidebar: witness credibility

📄 Sidebar: witness credibility — Thursday, February 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\2\SIDEBAR-WITNESS-CREDIBILITY.DOC

TRIAL

▲ Day 11 of 167

◀ Cross-examination of Ronald Shipp (morning, part 3) Cross-examination of Ronald Shipp (morning, part 4) ▶

Date: Thursday, February 2, 1995 • Utterances: 19

Defense attorney Carl Douglas sought permission to cross-examine witness Ron Shipp about alleged domestic abuse of his first wife, arguing it went to Shipp's credibility as someone who had counseled Simpson about battery charges. Marcia Clark objected strenuously, calling it character assassination with no logical connection to credibility. Judge Ito sustained the objection.

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

# 2 THE COURT:

WHERE ARE WE GOING WITH THIS, MR. DOUGLAS?

# 3 MR. DOUGLAS:

YOUR HONOR, I JUST LEARNED TODAY THERE'S A WITNESS WHO WILL TESTIFY THAT MR. SHIPP WAS INVOLVED IN AN ABUSIVE RELATIONSHIP WITH HIS FIRST WIFE INCLUDING STRIKING HER.

# 4 THE COURT:

OKAY. WHAT DOES THAT HAVE TO DO WITH CREDIBILITY OR ANY OF THE ISSUES HERE?

# 5 MR. COCHRAN:

MAY WE JUST HAVE A SECOND HERE, YOUR HONOR?

# 6 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 7 MR. DOUGLAS:

IT GOES DIRECTLY, YOUR HONOR, TO HIS CREDIBILITY AND TO HIS INTERPRETATION OF MR. SIMPSON'S CONDUCT, AND I THINK THAT HE IS GOING TO SAY NOW THAT MR. SIMPSON WAS LESS FORTHCOMING THAN HE ACTUALLY WAS BECAUSE HE ONCE HAD HIS OWN TRANSGRESSION.

KEY QUOTE

# 8 MS. CLARK:

HOW DOES ONE BACK THE OTHER? I DON'T GET THE CONNECTION THERE.

# 9 MR. DOUGLAS:

WELL, YOUR HONOR, HE IS A WITNESS TALKING ABOUT GIVING ALL KINDS OF ADVICE ABOUT BEING BATTERED, TALKING ABOUT TRYING TO CONVINCE SOMEONE THAT YOU SHOULD NOT PRESS CHARGES, AND I THINK HE KNOWS FROM HIS OWN EXPERIENCE, AND I THINK THE JURY NEEDS TO BE ABLE TO BE GIVEN THE PROPER CONTEXT IN WHICH ALL OF THIS INFORMATION CAN BE EVALUATED.

# 10 MS. CLARK:

THERE'S NOTHING HERE --

# 11 MR. DOUGLAS:

IS SHE TALKING NOW OR MR. DARDEN?

# 12 MR. DARDEN:

I THINK IT SOUNDED LIKE HER.

# 13 THE COURT:

YEAH.

# 14 MR. DARDEN:

CONTINUE.

# 15 MS. CLARK:

I DON'T SEE ANYTHING HERE THAT REALLY GOES TO CREDIBILITY. THAT'S THE ISSUE. FIRST OF ALL, IT'S JUST ANOTHER ATTEMPT AT CHARACTER ASSASSINATION. THIS IS PURE AND SIMPLY NOTHING BUT BRINGING UP THE MOST SEAMY KIND OF FALSE ACCUSATIONS IN ORDER TO IMPRESS THE JURY WITH THINGS THAT ARE SINISTER INFERENCE AND INNUENDO REGARDING SOMETHING THAT HAS NO BEARING ON HIS CREDIBILITY, TRYING TO BRING UP SOMETHING THAT HAS NO RELEVANCE TO THIS WITNESS' CREDIBILITY CONCERNING THE INCIDENT OF THE '89 ABUSE. I DON'T SEE THE CONNECTION BETWEEN WHAT COUNSEL IS TRYING TO GET THE JURY TO INFER AND THE ALLEGATIONS OF WIFE ABUSE BY THIS WITNESS. THERE'S NO LOGICAL CONNECTION. COUNSEL IS ATTEMPTING TO SAY THAT SOMEHOW THE CREDIBILITY CONCERNING THAT ASPECT OF THAT TESTIMONY IS IMPACTED BY HIS OWN EXPERIENCE. AND IF ANYTHING, IT WILL BE IMPACTED FAVORABLY, NOT NEGATIVELY. BUT THE CONNECTION THAT COUNSEL IS ATTEMPTING TO GET THE COURT TO DRAW DOESN'T EXIST. THERE'S NO LOGIC TO THIS.

# 16 MR. DOUGLAS:

YOUR HONOR, WHEN THEY BRING --

# 17 THE COURT:

GO AHEAD.

# 18 MR. DOUGLAS:

WHEN THEY BRING A WITNESS THAT AS OF JANUARY 21ST I AM TOLD FOR THE FIRST TIME THAT HE IS MAKING A STATEMENT THAT MY CLIENT HAD A DREAM AND THAT THIS DREAM HAS SOME SINISTER INTERPRETATION AND THE COURT ALLOWS THAT STATEMENT TO COME IN -- I TOLD THE COURT I WOULD BE FORCED TO ATTEMPT TO VIGOROUSLY IMPEACH HIM AND WOULD BE FORCED TO PERSONALLY ATTACK HIS CREDIBILITY. I GAVE A WARNING AND I HAVE TO TRY TO HIT HARD. EVERYONE, THE PROSECUTION INCLUDED, MAY NOT AGREE WITH SOME OF MY TACTICS, BUT I HAVE TO TRY MY CASE MY WAY IF THE COURT PLEASES.

# 19 THE COURT:

OBJECTION IS SUSTAINED.

Temperature

tense

Key Quotes (4)

Carl Douglas

IT GOES DIRECTLY, YOUR HONOR, TO HIS CREDIBILITY AND TO HIS INTERPRETATION OF MR. SIMPSON'S CONDUCT, AND I THINK THAT HE IS GOING TO SAY NOW THAT MR. SIMPSON WAS LESS FORTHCOMING THAN HE ACTUALLY WAS BECAUSE HE ONCE HAD HIS OWN TRANSGRESSION.

Douglas's core theory: Shipp's own abuse history colors his testimony about Simpson's conduct and advice-giving

Marcia Clark

THIS IS PURE AND SIMPLY NOTHING BUT BRINGING UP THE MOST SEAMY KIND OF FALSE ACCUSATIONS IN ORDER TO IMPRESS THE JURY WITH THINGS THAT ARE SINISTER INFERENCE AND INNUENDO REGARDING SOMETHING THAT HAS NO BEARING ON HIS CREDIBILITY.

Clark's bluntest characterization of the defense tactic — rare unfiltered language at the bench

Carl Douglas

I TOLD THE COURT I WOULD BE FORCED TO ATTEMPT TO VIGOROUSLY IMPEACH HIM AND WOULD BE FORCED TO PERSONALLY ATTACK HIS CREDIBILITY. I GAVE A WARNING AND I HAVE TO TRY TO HIT HARD.

Douglas frames this as a promised consequence of the court allowing Shipp's dream testimony — a tactical ultimatum fulfilled

Carl Douglas

EVERYONE, THE PROSECUTION INCLUDED, MAY NOT AGREE WITH SOME OF MY TACTICS, BUT I HAVE TO TRY MY CASE MY WAY IF THE COURT PLEASES.

Unusually candid acknowledgment that the tactic is aggressive and contested, even within defense strategy

Evidence (3)

Informal

Allegation that Ron Shipp struck his first wife in an abusive relationship

discussed — defense sought to introduce, court excluded

Informal

Shipp's January 21st statement that Simpson had a 'dream' with sinister interpretation

referenced by Douglas as the provocation for the aggressive impeachment strategy

Informal

The 1989 abuse incident involving Simpson and Nicole Brown

referenced as the subject of Shipp's testimony Douglas sought to undermine

Notable Exchanges (2)

Carl Douglas•Marcia Clark

Douglas argues Shipp's personal history of abuse is contextually relevant to his credibility as an advisor on domestic violence; Clark counters at length that the logical connection doesn't exist and the real purpose is jury prejudice.

strategic

Marcia Clark•Christopher Darden•Carl Douglas

Douglas interrupts Clark mid-argument to ask 'IS SHE TALKING NOW OR MR. DARDEN?' — a petty jab that Darden deflects drily.

heated

Light Moments (1)

Christopher Darden

Douglas asks who is speaking — Clark or Darden — mid-argument; Darden deadpans 'I think it sounded like her,' and Ito simply says 'Yeah.'

Credibility Attacks (1)

⚔ Ron Shipp

prior bad acts (domestic abuse of first wife)

Douglas sought to introduce evidence Shipp had struck his first wife to undermine his credibility as a witness who testified about Simpson's domestic violence conduct and advised Nicole not to press charges — Ito excluded it as irrelevant to credibility

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4532 • 19 utterances

Criminal Trial

Department 103