Sidebar: Faye Resnick residence

📄 Sidebar: Faye Resnick residence — Thursday, February 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\23\SIDEBAR-FAYE-RESNICK-RESIDENCE.DOC

TRIAL

▲ Day 24 of 167

◀ Cross-examination of Tom Lange (part 2) Contempt hearing: Darden ▶

Date: Thursday, February 23, 1995 • Utterances: 17

A sidebar erupts over whether Faye Resnick's residency at a particular address in June 1994 is a disputed fact, with Clark objecting to Cochran's cross-examination method as improperly injecting hearsay into the record. Cochran insults the prosecution's trial skills, triggering a furious response from Darden that nearly results in a contempt citation, forcing Ito to clear the jury.

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

# 2 THE COURT:

WE ARE OVER AT THE SIDE BAR. IS THIS A DISPUTED FACT, MISS CLARK?

# 3 MS. CLARK:

I'M NOT -- I'M NOT SURE WHEN FAY RESNICK LIVED WITH HER, IF THEY EVER LIVED THERE ON ANY KIND OF A PERMANENT BASIS. IT WAS AN IN AND OUT THING AND IT DOESN'T MATTER WHETHER IT IS A DISPUTED FACT OR NOT. COUNSEL HAS TO GO ABOUT ESTABLISHING THAT FACT IN THE NORMAL COURSE OF BUSINESS BY THE RULES OF EVIDENCE. IF COUNSEL WANTS TO TESTIFY, LET HIM TAKE THE WITNESS STAND AND I WILL BE DELIGHTED TO CROSS-EXAMINE, BUT THIS METHOD OF DRAGGING ALL KIND OF HEARSAY IN AND ALL KIND OF RUMORS IN BY SAYING DID YOU BECOME AWARE AND DID YOU HEAR THIS, THAT IS WHAT THE RULES OF EVIDENCE ARE FOR, YOUR HONOR, TO PRECLUDE THIS KIND OF THING. WE HAVE ALL KINDS OF SLOP IN THE RECORD NOW THAT HAS BEEN THROWN IN FRONT OF THIS JURY THROUGH COUNSEL'S METHOD OF CROSS-EXAMINATION BY SAYING HAVE YOU HEARD THIS, DO YOU KNOW ABOUT THAT? THERE IS RULES OF EVIDENCE THAT ALLOW HIM TO QUESTION AN INVESTIGATING OFFICER IN THIS MANNER. ASKING FOR HEARSAY IS ASKING FOR THINGS THAT HAVE NO FOUNDATION.

# 4 THE COURT:

MISS CLARK, MY QUESTION IS VERY SIMPLE: IS THAT A DISPUTED FACT? THAT WAS A YES OR NO QUESTION. DO YOU DISPUTE THAT FAYE RESNICK RESIDED IN JUNE OF '94 AT THAT RESIDENCE?

# 5 MS. CLARK:

WHAT DO YOU MEAN BY "RESIDED"? DID SHE SPEND THE NIGHT HERE AND THERE? MAYBE. WAS SHE THERE FOR A PERIOD OF TEN DAYS? MAYBE. I DON'T KNOW.

# 6 MR. COCHRAN:

WE WILL PROVE IT, YOUR HONOR. THEY KNOW. THIS IS SUCH --

# 7 MS. CLARK:

WHY DOESN'T HE PROVE IT THEN. LET HIM CALL A WITNESS.

# 8 THE COURT:

NO, NO.

# 9 MR. COCHRAN:

I CAN CHOOSE THE WITNESS THAT I WANT. THEY OBVIOUSLY HAVEN'T TRIED ANY CASES IN A LONG TIME, AND OBVIOUSLY DON'T KNOW HOW, BUT THIS IS CROSS-EXAMINATION.

# 10 MR. DARDEN:

WHO IS HE TALKING ABOUT DOESN'T KNOW HOW TO TRY THE CASE?

# 11 THE COURT:

WAIT, MR. DARDEN.

# 12 MR. DARDEN:

IS HE THE ONLY LAWYER THAT KNOWS HOW TO TRY THE CASE?

# 13 THE COURT:

I'M GOING TO HOLD YOU IN CONTEMPT.

KEY QUOTE

# 14 MR. DARDEN:

I SHOULD BE HELD IN CONTEMPT. I HAVE SAT HERE AND LISTENED TO --

KEY QUOTE

# 15 THE COURT:

MR. DARDEN, I'M WARNING YOU RIGHT NOW.

# 16 MR. DARDEN:

THIS CROSS-EXAMINATION IS OUT OF ORDER.

# 17 THE COURT:

LADIES AND GENTLEMEN, WOULD YOU PLEASE STEP IN THE JURY ROOM, PLEASE.

Temperature

heated

Key Quotes (4)

Marcia Clark

WE HAVE ALL KINDS OF SLOP IN THE RECORD NOW THAT HAS BEEN THROWN IN FRONT OF THIS JURY THROUGH COUNSEL'S METHOD OF CROSS-EXAMINATION BY SAYING HAVE YOU HEARD THIS, DO YOU KNOW ABOUT THAT?

Clark frames Cochran's cross-examination technique as a deliberate strategy to smuggle hearsay and rumors past the rules of evidence.

Johnnie Cochran

THEY OBVIOUSLY HAVEN'T TRIED ANY CASES IN A LONG TIME, AND OBVIOUSLY DON'T KNOW HOW, BUT THIS IS CROSS-EXAMINATION.

A direct personal attack on the prosecution's competence that immediately inflames Darden and escalates the sidebar into a near-contempt situation.

Christopher Darden

I SHOULD BE HELD IN CONTEMPT. I HAVE SAT HERE AND LISTENED TO --

Darden's defiant response to the contempt threat reveals how deeply Cochran's remark landed — he is too angry to back down even when warned by the judge.

Lance A. Ito

I'M GOING TO HOLD YOU IN CONTEMPT.

The judge is forced to escalate to a formal threat to restore order at the sidebar, illustrating how far the exchange had spiraled.

Evidence (1)

Informal

Faye Resnick's alleged residence at a specific address in June 1994

disputed — prosecution questions whether residency can be established without a proper witness

Notable Exchanges (2)

Marcia Clark•Johnnie Cochran

Clark accuses Cochran of using 'have you heard' questions to flood the record with hearsay and rumors; Cochran retorts that the prosecution doesn't know how to try a case.

heated

Christopher Darden•Lance A. Ito

Darden erupts after Cochran's insult and refuses to stand down even after Ito threatens contempt, declaring 'I should be held in contempt' before being cut off.

explosive

Objections

None recorded

Proceeding 4925 • 17 utterances

Criminal Trial

Department 103