Sidebar: cross-examination scope

📄 Sidebar: cross-examination scope — Wednesday, February 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\22\SIDEBAR-CROSS-EXAMINATION-SCOP.DOC

TRIAL

▲ Day 23 of 167

◀ Cross-examination of Detective Tom Lange (afternoon, part 5) Cross-examination of Detective Tom Lange (afternoon, part 6) ▶

Date: Wednesday, February 22, 1995 • Utterances: 20

At sidebar, Cochran requests permission to ask Detective Lange a few questions about the taking of OJ's blood sample, arguing it is within the scope of cross-examination. Clark objects, insisting the defense is improperly trying to insert its own case-in-chief during the prosecution's case. Judge Ito sustains the objection but promises to make Lange available when the defense presents its case.

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

# 2 THE COURT:

WE ARE AT SIDE BAR.

# 3 MR. COCHRAN:

YOUR HONOR, I ASK LEAVE THE COURT TO ALLOW ME LIMITED QUESTIONING AT THIS POINT. IT MAY BE TECHNICALLY BEYOND THE SCOPE OF DIRECT. MY OWN WITNESS AT THIS POINT. I WANT TO ESTABLISH THE FACT OF THE BLOOD AND WHAT HAPPENED. I SHOULD BE ABLE TO DO THAT WITHOUT BRINGING HIM BACK FOR THAT PURPOSE.

# 4 MS. CLARK:

YOUR HONOR, THAT IS WHY WE HAVE PEOPLE'S CASE, DEFENDANT'S CASE AND HE IS TRYING TO INTERRUPT THE PEOPLE'S CASE AND PUT ON THE DEFENSE CASE IN THE MIDDLE OF IT. THE PEOPLE ARE ALLOWED TO STRUCTURE THEIR CASE AS THEY SEE FIT AND LIMIT THE WITNESS TO CERTAIN POINTS ON DIRECT, AND THERE IS CROSS AND THAT IS WHY WE HAVE RULES OF COURT.

KEY QUOTE

# 5 THE COURT:

LET ME ASK YOU THIS, QUESTION, MARCIA: ARE WE DOING -- IS SOMEBODY ELSE GOING TO TESTIFY TO THE TAKING OF THE BLOOD?

# 6 MS. CLARK:

YES, SIR, THEY ARE. THAT IS WHY THIS IS NOT THE CORRECT WITNESS. HE HAD NOTHING TO DO WITH THAT.

# 7 MR. COCHRAN:

HE WAS THERE. HE DID HAVE SOMETHING TO DO WITH IT. HE IS THE ONE WHO ORDERED IT. HE IS THE INVESTIGATOR. THAT IS BALONEY. I AM TRYING TO ESTABLISH FOR THIS LIMITED PURPOSE HE WAS THERE AND COOPERATIVE. THAT IS WHAT I WANT TO ESTABLISH. AND I'M NOT GOING TO MAKE HIM MY WITNESS AND I'M NOT TRYING TO INTERFERE WITH THEIR CASE. THIS IS CROSS-EXAMINATION. I'M NOT TRYING TO CHANGE THE COURSE OF THEIR CASE. SHE IS ALLOWED ALL THIS LEEWAY, ALL THIS TIME, AND THAT IS ALL I'M ASKING TO DO.

# 8 THE COURT:

MR. COCHRAN, AS I TOLD YOU BEFORE, THAT ARGUMENT DOESN'T --

# 9 MR. COCHRAN:

STRIKE THAT. I WOULD LIKE SOME LEEWAY WITH REGARD TO THIS. VERY LIMITED. I JUST WANT TO BRING THIS OUT AND I'M GOING TO GO BACK TO HIS GOING BACK OUT. THAT IS ALL I WANT TO DO.

# 10 MS. CLARK:

COUNSEL NEEDS TO REMEMBER WHAT THE MEANING OF CROSS-EXAMINATION IS. CROSS-EXAMINATION IS AREAS THAT HAVE BEEN GONE ON INTO DIRECT AND IT IS PEOPLE'S CASE IN CHIEF AT THIS TIME. WHEN COUNSEL WANTS TO GO IN AND SHOW COOPERATIVENESS AND ALL THAT OTHER STUFF, COUNSEL HAS A CASE IN CHIEF WHERE HE CAN PUT IT ALL ON IN THE APPROPRIATE MANNER AT THE APPROPRIATE TIME, BUT RIGHT NOW, ESPECIALLY WITH THIS WITNESS, IT IS INAPPROPRIATE, WAY BEYOND THE SCOPE, AND THERE IS NO JUST CAUSE TO INTERRUPT THE PEOPLE'S CASE.

# 11 THE COURT:

ALL RIGHT. YOU WILL GUARANTEE, MISS CLARK, THAT DETECTIVE LANGE WILL BE AVAILABLE WHENEVER I WANT HIM?

# 12 MS. CLARK:

ABSOLUTELY. ABSOLUTELY.

# 13 MR. COCHRAN:

MAY I SAY SOMETHING?

# 14 THE COURT:

SURE.

# 15 MR. COCHRAN:

YOU ARE THE JUDGE. I DON'T NEED TO BE INSTRUCTED BY COUNSEL ON HOW TO TRY MY CASE. SHE IS GOING TO FIND OUT I DON'T NEED ANY HELP FROM HER. SO ALL I'M ASKING IS TO ALLOW US TO ASK THIS QUESTION. YOUR HONOR, ALL I'M ASKING TO DO IS BE ABLE TO ASK TO ALLOW A COUPLE QUESTIONS REGARDING THIS AND THEN I WILL MOVE ON, JUDGE. THAT IS ALL. THERE IS NO BIG DEAL ABOUT THIS.

KEY QUOTE

# 16 MS. CLARK:

YOU KNOW SOMETHING, YOUR HONOR, A COUPLE QUESTIONS HERE AND A COUPLE QUESTIONS HERE --

# 17 THE COURT:

WAIT, WAIT, WAIT, MARCIA. WAIT. I SUSTAINED THE OBJECTION. UNDER NORMAL CIRCUMSTANCES, YES, YOU CAN TAKE A WITNESS OUT OF ORDER, YOU CAN MAKE THEM YOUR OWN WITNESS, BUT IN THIS SITUATION THE PROSECUTION IS ENTITLED TO TRY THEIR CASE THE WAY THEY WANT TO TRY THEIR CASE. YOU CAN RECALL HIM DURING YOUR CASE IN CHIEF. THE OBJECTION IS SUSTAINED.

# 18 MR. COCHRAN:

HE WILL BE AVAILABLE?

# 19 THE COURT:

I WILL MAKE HIM AVAILABLE TO YOU.

# 20 MR. COCHRAN:

JUDGE, THANKS. I WANT TO MAKE SURE.

Temperature

tense

Key Quotes (3)

Johnnie Cochran

YOU ARE THE JUDGE. I DON'T NEED TO BE INSTRUCTED BY COUNSEL ON HOW TO TRY MY CASE. SHE IS GOING TO FIND OUT I DON'T NEED ANY HELP FROM HER.

Cochran snaps at Clark directly, revealing genuine irritation; the remark is aimed at the judge as witness to his complaint about Clark's tone.

Marcia Clark

THAT IS WHY WE HAVE PEOPLE'S CASE, DEFENDANT'S CASE AND HE IS TRYING TO INTERRUPT THE PEOPLE'S CASE AND PUT ON THE DEFENSE CASE IN THE MIDDLE OF IT.

Concise articulation of the prosecution's structural objection — the defense is trying to front-load its narrative during cross.

Lance A. Ito

IN THIS SITUATION THE PROSECUTION IS ENTITLED TO TRY THEIR CASE THE WAY THEY WANT TO TRY THEIR CASE. YOU CAN RECALL HIM DURING YOUR CASE IN CHIEF.

The ruling — clean and unambiguous, granting the prosecution full control over case sequencing.

Evidence (1)

Informal

The taking of OJ Simpson's blood sample — Cochran wanted to establish Lange was present and that Simpson was cooperative

discussed but questioning disallowed

Notable Exchanges (2)

Johnnie Cochran•Marcia Clark

Cochran accuses Clark of lecturing him on trial practice; Clark retorts that piecemeal cross questions add up to improper case disruption. The friction is personal, not just procedural.

heated

Lance A. Ito•Marcia Clark

Judge asks whether another witness will cover the blood-taking testimony; Clark confirms and uses it to strengthen her objection that Lange is the wrong witness for this topic.

strategic

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4946 • 20 utterances

Criminal Trial

Department 103