Status check

📄 Status check — Wednesday, February 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\22\STATUS-CHECK.DOC

TRIAL

▲ Day 23 of 167

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

Date: Wednesday, February 22, 1995 • Utterances: 16

Brief pre-session check before jurors were brought in. Defense indicated they had additional video to show at the break; prosecution (Clark) pushed to review it immediately, citing the courtesy of advance disclosure. Judge Ito cut the argument short and called for the jurors.

# 1 THE COURT:

BACK ON THE RECORD IN THE SIMPSON MATTER. COUNSEL, IS THERE ANYTHING ELSE WE NEED TO TAKE UP BEFORE WE INVITE THE JURORS TO REJOIN US?

# 2 MR. COCHRAN:

NO, YOUR HONOR. THIS AFTERNOON, PROBABLY AT THE BREAK, WE WILL WANT TO SHOW SOME MORE VIDEO -- VISUAL VIDEOS THAT WE WOULD LIKE TO SHOW THE COURT AND COUNSEL. WE HAVE --

# 3 THE COURT:

ALL RIGHT. MR. DARDEN, MISS CLARK, ARE WE READY?

# 4 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 5 MS. CLARK:

I'M SORRY, YOUR HONOR.

# 6 THE COURT:

ARE WE READY? LET'S HAVE THE JURORS, PLEASE.

# 7 MS. CLARK:

WAS THERE SOMETHING ELSE THAT COUNSEL WANTED TO SHOW US?

# 8 THE COURT:

NO. MR. COCHRAN INDICATED THAT AT THE BREAK HE HAD SOME ADDITIONAL VIDEO.

# 9 MS. CLARK:

WHY NOT SHOW US NOW?

# 10 MR. DOUGLAS:

THEY ALREADY HAVE IT, YOUR HONOR.

# 11 MS. CLARK:

WELL, WE NEED TO SEE -- AS WE HAVE DONE THE COURTESY TO COUNSEL THROUGHOUT THIS TRIAL, I SHOW IT TO COUNSEL BEFORE I SHOW IT TO THE WITNESS. SINCE YOU KNOW WHAT YOU ARE GOING TO SHOW TO US --

KEY QUOTE

# 12 MR. COCHRAN:

MISS CLARK, YOU WEREN'T LISTENING. WE ARE NOT SHOWING IT TO THE WITNESS YET. JUST RELAX.

KEY QUOTE

# 13 MS. CLARK:

YOU OBVIOUSLY ARE GOING TO. WHY NOT DO IT NOW? WHY NOT LOOK AT IT NOW?

# 14 THE COURT:

LET'S HAVE THE JURORS, PLEASE.

# 15 MR. COCHRAN:

IT IS OUR CASE, YOUR HONOR. WE WANT TO DO IT AT THE BREAK.

KEY QUOTE

# 16 THE COURT:

LET'S HAVE THE JURORS, PLEASE.

Temperature

tense

Key Quotes (3)

Johnnie Cochran

MISS CLARK, YOU WEREN'T LISTENING. WE ARE NOT SHOWING IT TO THE WITNESS YET. JUST RELAX.

Cochran dismisses Clark's concern with a pointed 'just relax' — a small but telling flash of courtroom friction between lead counsel.

Marcia Clark

WELL, WE NEED TO SEE -- AS WE HAVE DONE THE COURTESY TO COUNSEL THROUGHOUT THIS TRIAL, I SHOW IT TO COUNSEL BEFORE I SHOW IT TO THE WITNESS.

Clark asserts a reciprocal disclosure norm, implying the defense is not following established trial courtesy.

Johnnie Cochran

IT IS OUR CASE, YOUR HONOR. WE WANT TO DO IT AT THE BREAK.

Cochran asserts defense prerogative to control the timing of their own case presentation.

Evidence (1)

Informal

Unspecified video(s) the defense intended to show at the break

discussed, timing disputed

Notable Exchanges (2)

Marcia Clark•Johnnie Cochran

Clark pressed to review the defense video immediately rather than wait for the break; Cochran rebuffed her with 'just relax' and asserted the defense's right to control the timing.

heated

Lance A. Ito•Marcia Clark•Johnnie Cochran

Judge Ito repeatedly called for the jurors — three times — to shut down the argument between counsel.

procedural

Witness Demeanor

(DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

Objections

None recorded

Proceeding 4944 • 16 utterances

Criminal Trial

Department 103