Contempt resolution

📄 Contempt resolution — Thursday, February 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\23\CONTEMPT-RESOLUTION.DOC

TRIAL

▲ Day 24 of 167

◀ Contempt hearing: Darden Cross-examination of Tom Lange (part 3) ▶

Date: Thursday, February 23, 1995 • Utterances: 35

Judge Ito pressed Marcia Clark to resolve a contempt matter against Christopher Darden, offering a simple path out via apology. After Clark repeatedly sought delays and continuances (all denied), Darden reviewed the sidebar transcript and offered an apology, which Ito accepted — along with his own apology for his reaction.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

# 2 THE COURT:

GOOD AFTERNOON, COUNSEL.

# 3 MS. CLARK:

GOOD AFTERNOON, YOUR HONOR.

# 4 THE COURT:

ANY FURTHER COMMENT?

# 5 MS. CLARK:

WE WOULD ASK LEAVE OF THE COURT TO RECESS AT THIS TIME SO THAT WE CAN BE PRESENT WITH APPELLATE COUNSEL TOMORROW MORNING.

# 6 THE COURT:

IT'S A PRETTY SIMPLE PROCEDURE. YOU WISH TO PURSUE THIS?

# 7 MS. CLARK:

WE ARE ONLY ASKING FOR THE OPPORTUNITY AT THIS TIME TO CONFER WITH COUNSEL.

# 8 THE COURT:

WELL, YOU SEEM TO HAVE TWO OPTIONS. EITHER YOU OFFER AN APOLOGY TO THE COURT AND WE PROCEED OR WE PROCEED TO A CONTEMPT HEARING. THOSE ARE YOUR CHOICES. REQUEST FOR A CONTINUANCE IS DENIED.

# 9 MS. CLARK:

MAY I HAVE A MOMENT, YOUR HONOR?

# 10 THE COURT:

CERTAINLY.

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

# 12 MS. CLARK:

WE WOULD LIKE THE OPPORTUNITY TO CONFER WITH COUNSEL BEFORE WE RESOLVE THIS MATTER, YOUR HONOR. AND IS THE COURT THEN NOT GOING TO AFFORD US THAT OPPORTUNITY?

# 13 THE COURT:

NO.

# 14 MS. CLARK:

WE COULD PROCEED WITH THE TRIAL AND RESOLVE THE MATTER AT THE CONCLUSION OF THE DAY OR IN THE MORNING TOMORROW. AND THAT WAY, WE WOULDN'T HAVE TO TAKE UP ANY MORE COURT TIME WITH THIS MATTER AT THIS TIME.

# 15 THE COURT:

IT'S A VERY SIMPLE WAY TO TERMINATE THIS, MISS CLARK.

# 16 MS. CLARK:

I'M AWARE OF THAT.

# 17 THE COURT:

I THINK I'VE OFFERED IT TO YOU TWICE ALREADY NOW. I DON'T KNOW THAT I HAVE TO DO IT A THIRD TIME. BUT I'M PREPARED TO GO FORWARD IF YOU WISH TO CHOOSE -- IF YOU CHOOSE OTHERWISE.

# 18 MS. CLARK:

WELL, EVEN IF THE COURT IS PREPARED TO GO FORWARD WITH THE CONTEMPT PROCEEDING, WE'RE ENTITLED TO COUNSEL; ARE WE NOT?

# 19 THE COURT:

IT'S A CIVIL CONTEMPT, COUNSEL. IT HAS TO BE ADJUDICATED IMMEDIATELY UNLESS YOU WANT TO MAKE IT A CRIMINAL CONTEMPT AND HAVE A JURY TRIAL. LOVE TO SEE THE VOIR DIRE ON THAT CASE.

KEY QUOTE

# 20 MS. CLARK:

ME TOO. CAN WE USE THE SAME JURY, YOUR HONOR?

KEY QUOTE

# 21 THE COURT:

MISS CLARK, YOU KNOW, ALL LEVITY ASIDE, I'VE OFFERED YOU NOW THREE TIMES AN OPPORTUNITY TO END THIS RIGHT NOW. THIS IS VERY SIMPLE. AND PERHAPS IF MR. DARDEN HAD THE OPPORTUNITY TO REVIEW THE TRANSCRIPT THAT I HAVE BEFORE ME, HE WOULD SEE THE WISDOM OF THAT.

# 22 MS. CLARK:

AND PERHAPS WE WOULD LIKE TO REVIEW IT AS WELL. BUT -- WHY DON'T WE REVIEW THE TRANSCRIPT, YOUR HONOR.

# 23 THE COURT:

MR. SPENCE, YOUR COMMENTS AREN'T NECESSARY. I HEARD HIM. I HAVE GREAT EARS.

# 24 MS. CLARK:

I AM SORRY?

# 25 THE COURT:

NEVER MIND. YOU GUYS MAKE ME FEEL LIKE MR. KIMBLE.

# 26 MS. CLARK:

WHO?

# 27 THE COURT:

NEVER MIND.

# 28 MS. CLARK:

I'M NOT LITERATE ENOUGH.

# 29 THE COURT:

LET ME SEE COUNSEL AT THE SIDEBAR WITHOUT THE REPORTER, PLEASE. MR. HODGMAN, WOULD YOU JOIN US, PLEASE.

# 30 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

# 31 THE COURT:

THANK YOU, COUNSEL. MR. DARDEN.

# 32 MR. DARDEN:

YOUR HONOR, THANK YOU FOR THE OPPORTUNITY TO REVIEW THE TRANSCRIPT OF THE SIDEBAR. IT APPEARS THAT THE COURT IS CORRECT, THAT PERHAPS MY COMMENTS MAY HAVE BEEN OR ARE SOMEWHAT INAPPROPRIATE. I APOLOGIZE TO THE COURT. I MEANT NO DISRESPECT. HOWEVER, I DID HAVE SOME CONCERNS AND CONCERNS I WOULD LIKE TO TAKE UP WITH THE COURT WHEN THE COURT IS AVAILABLE TO HEAR MY CONCERNS. I APOLOGIZE.

# 33 THE COURT:

ALL RIGHT. MR. DARDEN, I ACCEPT YOUR APOLOGY. I APOLOGIZE TO YOU FOR MY REACTION AS WELL. YOU AND I HAVE KNOWN EACH OTHER FOR A NUMBER OF YEARS AND I KNOW THAT YOUR RESPONSE WAS OUT OF CHARACTER AND I'LL NOTE IT AS SUCH. THANK YOU.

# 34 MR. DARDEN:

THANK YOU, YOUR HONOR.

# 35 THE COURT:

LET'S HAVE THE JURY, PLEASE.

Temperature

tense

Key Quotes (5)

Lance A. Ito

EITHER YOU OFFER AN APOLOGY TO THE COURT AND WE PROCEED OR WE PROCEED TO A CONTEMPT HEARING. THOSE ARE YOUR CHOICES. REQUEST FOR A CONTINUANCE IS DENIED.

Sets the binary choice that drives the entire proceeding — no middle ground, no delay.

Lance A. Ito

IT'S A CIVIL CONTEMPT, COUNSEL. IT HAS TO BE ADJUDICATED IMMEDIATELY UNLESS YOU WANT TO MAKE IT A CRIMINAL CONTEMPT AND HAVE A JURY TRIAL. LOVE TO SEE THE VOIR DIRE ON THAT CASE.

Ito shuts down Clark's right-to-counsel argument with a sardonic jab — the only moment of levity from the bench.

Marcia Clark

ME TOO. CAN WE USE THE SAME JURY, YOUR HONOR?

Clark's rare moment of banter in a tense exchange, which Ito quickly shut down.

Christopher Darden

IT APPEARS THAT THE COURT IS CORRECT, THAT PERHAPS MY COMMENTS MAY HAVE BEEN OR ARE SOMEWHAT INAPPROPRIATE. I APOLOGIZE TO THE COURT. I MEANT NO DISRESPECT.

The apology that resolves the contempt threat — notably hedged ('perhaps,' 'somewhat') but accepted.

Lance A. Ito

I APOLOGIZE TO YOU FOR MY REACTION AS WELL. YOU AND I HAVE KNOWN EACH OTHER FOR A NUMBER OF YEARS AND I KNOW THAT YOUR RESPONSE WAS OUT OF CHARACTER.

Ito's reciprocal apology reveals a personal relationship with Darden and contextualizes the whole dispute as an aberration.

Evidence (1)

Informal

Sidebar transcript reviewed by Darden at Ito's direction to show the basis for the contempt allegation

discussed

Notable Exchanges (3)

Lance A. Ito•Marcia Clark

Clark repeatedly sought delays to consult appellate counsel; Ito denied every request and offered the apology path three times before Clark relented.

tense

Lance A. Ito•Marcia Clark

Ito referenced 'Mr. Kimble' (likely The Fugitive) and Clark said she wasn't 'literate enough' — brief moment of banter before Ito called sidebar.

light

Lance A. Ito•Christopher Darden

After reviewing the transcript, Darden apologized; Ito accepted and offered his own apology, citing their years of acquaintance.

conciliatory

Light Moments (3)

Lance A. Ito

Ito joked he'd 'love to see the voir dire' if Clark escalated to a criminal contempt jury trial

Marcia Clark

Clark asked if they could use the same jury for Darden's contempt trial

Lance A. Ito

Ito made an unexplained reference to 'Mr. Kimble' (The Fugitive), which Clark didn't recognize

Objections

None recorded

Proceeding 4937 • 35 utterances

Criminal Trial

Department 103