Sidebar: hearsay objection

📄 Sidebar: hearsay objection — Tuesday, February 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\21\SIDEBAR-HEARSAY-OBJECTION.DOC

TRIAL

▲ Day 22 of 167

◀ Direct examination of Det. Tom Lange (part 7) Direct examination of Det. Tom Lange (part 8) ▶

Date: Tuesday, February 21, 1995 • Utterances: 14

Marcia Clark and Johnnie Cochran clash at sidebar over whether a question posed by a witness named Miss Ratcliffe constitutes hearsay. Clark argues a question cannot be hearsay because it asserts no truth of the matter; Cochran counters that the judge has already ruled on the issue. Judge Ito sides with Cochran, sustaining the hearsay objection.

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

# 2 THE COURT:

ALL RIGHT. WE ARE OVER AT THE SIDEBAR.

# 3 MS. CLARK:

THE QUESTION BY DEFINITION CAN'T BE HEARSAY, YOUR HONOR, BECAUSE THERE IS NO TRUTH OF THE MATTER ASSERTED IN A QUESTION. WHAT IS THE TRUTH BEING ASSERTED?

KEY QUOTE

# 4 THE COURT:

IT'S A STATEMENT MADE BY THE PERSON, BY MISS RATCLIFFE. SHE'S SAYING --

# 5 MS. CLARK:

IT'S INQUIRY. THAT WAS THE RESPONSE. SHE MADE INQUIRY OF HIM.

# 6 THE COURT:

WHAT'S THE INQUIRY? WHAT'S THE INQUIRY?

# 7 MS. CLARK:

I DON'T KNOW. HE'S GOING TO TELL ME.

# 8 MR. COCHRAN:

WAIT A MINUTE. THAT'S HEARSAY. COUNSEL I PRESUME KNOWS THIS. IT'S A LITTLE BIT LATE NOW TO BE HAVING THIS FISHING EXPEDITION WITH YOUR OWN WITNESS. IT'S HEARSAY.

# 9 MS. CLARK:

PLEASE, FISHING EXPEDITION? I ASKED HIM A QUESTION ABOUT WHETHER OR NOT SHE WOULD BE ALLOWED TO BE ABLE TO TAKE THE BODY OUT. WANT ME TO GO FIND OUT? I'LL FIND OUT. THE BOTTOM LINE LEGALLY SPEAKING, A QUESTION CANNOT BE HEARSAY BECAUSE A QUESTION DOES NOT ASSERT ANY TRUTH OF THE MATTER.

# 10 MR. COCHRAN:

COUNSEL, THE JUDGE HAS RULED ON THAT. I DON'T HAVE TO ARGUE THAT. I THINK --

# 11 MS. CLARK:

NO. HE HASN'T BEEN GIVEN A CHANCE. IF YOU STOP TALKING, HE MIGHT.

KEY QUOTE

# 12 MR. COCHRAN:

HE ALREADY RULED ON IT, COUNSEL.

# 13 THE COURT:

NO. IT'S HEARSAY.

# 14 MR. COCHRAN:

IT'S HEARSAY. LET'S MOVE ON.

Temperature

tense

Key Quotes (4)

Marcia Clark

THE QUESTION BY DEFINITION CAN'T BE HEARSAY, YOUR HONOR, BECAUSE THERE IS NO TRUTH OF THE MATTER ASSERTED IN A QUESTION. WHAT IS THE TRUTH BEING ASSERTED?

Clark's core legal argument — a classic evidentiary principle that questions lack assertive content and thus fall outside the hearsay rule.

Johnnie Cochran

IT'S A LITTLE BIT LATE NOW TO BE HAVING THIS FISHING EXPEDITION WITH YOUR OWN WITNESS.

Cochran accuses Clark of not knowing what her own witness will say — a pointed jab at her trial preparation.

Marcia Clark

NO. HE HASN'T BEEN GIVEN A CHANCE. IF YOU STOP TALKING, HE MIGHT.

Clark directly tells Cochran to stop interrupting so the judge can rule — sharp and unfiltered courtroom friction.

Lance A. Ito

NO. IT'S HEARSAY.

Terse final ruling ending the debate, overriding Clark's legal argument without elaboration.

Evidence (1)

Informal

Miss Ratcliffe's inquiry to a witness about whether she would be allowed to take the body out

discussed — Clark sought to elicit testimony about it; objection sustained

Notable Exchanges (2)

Marcia Clark•Johnnie Cochran

Clark and Cochran talk over each other, with Cochran insisting the judge has already ruled and Clark firing back that Cochran should stop talking so the judge can actually speak.

heated

Marcia Clark•Lance A. Ito

Clark presses her hearsay-cannot-apply-to-questions argument; Ito dismisses it with a single blunt ruling.

procedural

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4950 • 14 utterances

Criminal Trial

Department 103