Sidebar: eyeglasses evidence

📄 Sidebar: eyeglasses evidence — Thursday, February 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\23\SIDEBAR-EYEGLASSES-EVIDENCE.DOC

TRIAL

▲ Day 24 of 167

◀ Cross-examination of Tom Lange (part 3) Cross-examination of Tom Lange (part 4) ▶

Date: Thursday, February 23, 1995 • Utterances: 21

Defense attorney Cochran requests guidance on asking a witness about the number of lenses visible inside an envelope containing eyeglasses found at the crime scene, noting a possible discrepancy between what was observed at the scene and what now appears to be in the envelope. Judge Ito permits a narrow question limited to what the witness personally observed. A late-breaking complication emerges when Shapiro reveals a lens appears to have slipped outside the envelope, raising a chain-of-custody concern.

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

# 2 THE COURT:

WE'RE AT SIDEBAR.

# 3 MR. COCHRAN:

YOUR HONOR, I'M ADVISED THAT -- AND I WANTED TO ASK YOUR HONOR ABOUT THIS. THERE'S SOME CONFUSION WITH REGARD TO THIS. AS I UNDERSTAND HIS TESTIMONY, WHEN THEY ARE AT THE SCENE, THERE WERE TWO LENSES IN THESE EYEGLASSES. NOW THERE MAY BE ONLY ONE LENS. I WANTED TO INQUIRE OF THE COURT -- AND I NEED TO GET SOME GLOVES. I WANT TO ASK HIM HOW MANY LENSES ARE IN THERE. I WANTED TO TELL THE COURT WHAT I WANTED TO DO.

# 4 THE COURT:

YOU NEED GLOVES.

# 5 MR. COCHRAN:

WELL, WHEN I LOOK IN THERE, I SEE I THINK -- AND I WANT SOME GLOVES. I DON'T WANT TO BE TOUCHING ANYTHING.

# 6 MS. CLARK:

MAY I BE HEARD? NUMBER ONE, WHAT IS THE RELEVANCE? AND, NUMBER TWO, THIS WITNESS IS NOT GOING TO KNOW WHAT, IF ANYTHING -- IF THERE IS INDEED ONLY ONE LENS, WHERE THE OTHER ONE WENT. IT'S ALL BEYOND --

# 7 MR. COCHRAN:

ONE PERSON, PLEASE.

# 8 MS. CLARK:

IT'S ALL BEYOND THE SCOPE OF THIS WITNESS' KNOWLEDGE.

WE ARE ASKING QUESTIONS ABOUT WHAT'S HERE AND WHAT'S IN HERE AND HE'S NOT THE ONE WHO'S BEEN IN CUSTODY OF THIS. THESE ITEMS WERE SENT TO CRIMINALISTS, AS COUNSEL KNOWS, ALL OVER THE COUNTRY.

# 9 THE COURT:

I THINK HE CAN ASK A QUESTION, WHILE YOU WERE AT THE SCENE -- I MEAN HE'S ALREADY TESTIFIED HE SAW THE ENVELOPE. YOU CAN ASK HIM IF HE SAW -- AND HE'S NOT THE ONE WHO COLLECTED IT.

# 10 MR. COCHRAN:

YES. I UNDERSTAND THAT, YOUR HONOR. THAT'S WHY I'M UP HERE.

# 11 THE COURT:

YOU CAN ASK HIM WHILE AT THE SCENE, WAS HE ABLE TO SEE INTO THE ENVELOPE THAT HE EXAMINED. YOU CAN ASK HIM IF HE SAW TWO LENSES OR ONE.

KEY QUOTE

# 12 MR. COCHRAN:

THAT'S WHY I AM HERE. THANK YOU.

# 13 MS. CLARK:

AS LONG AS THE FOUNDATIONAL QUESTION IS ASKED, THAT HE LOOKED INSIDE.

# 14 THE COURT:

YEAH. OKAY.

# 15 MR. COCHRAN:

ALL RIGHT. THANK YOU. WE CAN GO BACK, YOUR HONOR. MAY I PROCEED?

# 16 MR. DARDEN:

THE WITNESS MAY NEED SOME GLOVES TOO.

# 17 MS. CLARK:

THE WITNESS MAY NEED GLOVES.

# 18 MR. SHAPIRO:

APPARENTLY THE LENS IS NOW OUTSIDE THE ENVELOPE. THE ENVELOPE WAS NOT PROPERLY SEALED. SO THERE IS A LENS THAT IS OUTSIDE THE ENVELOPE AND THERE DOESN'T APPEAR TO BE ANY LENS IN THE ENVELOPE.

KEY QUOTE

# 19 MS. CLARK:

THE WHOLE ENVELOPE IS SEALED IN A PLASTIC BAG WITH TAPE. YOU DON'T WANT TO MESS WITH THE ENVELOPE ITSELF. THAT HAPPENS TO BE EVIDENCE.

KEY QUOTE

# 20 THE COURT:

WELL, THE EVIDENCE RIGHT NOW. BUT WHAT YOU'RE INTERESTED IS WHAT HE SAW.

# 21 MR. COCHRAN:

THANK YOU, YOUR HONOR. MAY I APPROACH? WHAT IS THIS? EXHIBIT NO. 32? THANK YOU.

Temperature

procedural

Key Quotes (3)

Robert Shapiro

APPARENTLY THE LENS IS NOW OUTSIDE THE ENVELOPE. THE ENVELOPE WAS NOT PROPERLY SEALED. SO THERE IS A LENS THAT IS OUTSIDE THE ENVELOPE AND THERE DOESN'T APPEAR TO BE ANY LENS IN THE ENVELOPE.

Shapiro's observation mid-sidebar reveals a live evidence-handling problem — the item may have shifted or been compromised since collection, directly undercutting chain of custody.

Marcia Clark

THE WHOLE ENVELOPE IS SEALED IN A PLASTIC BAG WITH TAPE. YOU DON'T WANT TO MESS WITH THE ENVELOPE ITSELF. THAT HAPPENS TO BE EVIDENCE.

Clark defensively reasserts the integrity of the packaging while implicitly acknowledging the anomaly Shapiro just flagged.

Lance A. Ito

YOU CAN ASK HIM WHILE AT THE SCENE, WAS HE ABLE TO SEE INTO THE ENVELOPE THAT HE EXAMINED. YOU CAN ASK HIM IF HE SAW TWO LENSES OR ONE.

Ito's ruling threads the needle — allowing the defense question while keeping it tethered to the witness's personal observation rather than the exhibit's current state.

Evidence (1)

Exhibit No. 32

Envelope containing eyeglasses (and possibly eyeglass lenses) recovered from the crime scene

discussed; physical condition scrutinized at sidebar — lens found to be outside envelope

Notable Exchanges (2)

Robert Shapiro•Marcia Clark

Shapiro announces that a lens is now sitting outside the envelope because it wasn't properly sealed; Clark pushes back by pointing to the outer plastic bag and tape, insisting the evidence is intact.

strategic

Johnnie Cochran•Marcia Clark•Lance A. Ito

Cochran frames his intent narrowly — he only wants to ask what the witness saw at the scene — and Ito agrees, with Clark conceding as long as a proper foundation is laid.

procedural

Light Moments (1)

Christopher Darden / Marcia Clark

Cochran asks for gloves before touching the envelope; Darden and Clark both chime in that the witness may need gloves too — a brief moment of cross-aisle agreement.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 4939 • 21 utterances

Criminal Trial

Department 103