ALL RIGHT. BACK ON THE RECORD. ALL PARTIES ARE PRESENT. MISS CLARK, YOU INDICATED YOU WISHED TO BE HEARD?
AND I HAVE INFORMED THE COURT THAT I CANNOT BE PRESENT TONIGHT BECAUSE I DO HAVE TO TAKE CARE OF MY CHILDREN AND I DON'T HAVE ANYONE WHO CAN DO THAT FOR ME. AND I DO NOT WANT PROCEEDINGS TO GO BEFORE A JURY WHEN I CAN'T BE HERE. WHEN WE SPOKE ABOUT THE OPTION OF HAVING THESE PROCEEDINGS BEFORE A JURY, WE WERE OF THE UNDERSTANDING THAT THAT WOULD BE ON MONDAY, AND WE DID NOT KNOW THAT THE COURT WAS GOING TO CALL THE JURY TONIGHT. I CAN'T BE HERE, YOUR HONOR.
IT ISN'T A MATTER OF IT IS NOT POSSIBLE, YES. MR. DARDEN WILL BE ABLE TO CONDUCT THIS, YOUR HONOR, BUT THIS IS AN IMPORTANT WITNESS AND IT IS IMPORTANT THAT I BE HERE.
WE COLLABORATE, MR. DARDEN AND I, ON EVERYTHING, WHETHER I AM PRESENTING THE WITNESS OR HE IS, AND I'M SURE THE COURT HAS ALREADY SEEN EVIDENCE OF THAT. AND I HAD NO IDEA THE COURT WAS GOING TO ORDER THE JURY IN FOR TONIGHT. THERE WAS NO WAY OF KNOWING THAT YOU WERE GOING TO DO THAT. YOU DIDN'T EVEN TELL US. THIS WAS A LAST MINUTE THING.
I TOLD YOU AS SOON AS I DECIDED THAT THE OPTION OF CONDUCTING A 1335 THAT IS VIDEOTAPED AND TAKING A WITNESS OUT OF ORDER IN FRONT OF THE JURY, OF THOSE TWO OPTIONS I LIKE TAKING THE WITNESS OUT OF ORDER MUCH BETTER THAN VIDEOTAPING THEM.
AND OBVIOUSLY THE COURT HAS DISCRETION TO DO THAT. I'M NOT ARGUING WITH THE COURT'S AUTHORITY TO DO THAT, BUT, YOUR HONOR, I CAN'T BE HERE, AND IF THE COURT HAD INFORMED ME --
MISS CLARK, NO. MISS CLARK, I'M SORRY, I APOLOGIZE TO YOU. I HAD FORGOTTEN THAT PROBLEM, AND THAT IS MY FAULT FOR HAVING FORGOTTEN ABOUT THAT. WHAT IS YOUR TIME PRESSURE AT THE IMMEDIATE MOMENT?
AT THE IMMEDIATE MOMENT I HAVE TO LEAVE. I CAN BE -- I WON'T BE ABLE TO GET BACK UNTIL 8:30 OR 9:00.
YES. I AM SENSITIVE TO THE CHILD CARE NEEDS OF COUNSEL, MISS CLARK, YOUR HONOR, BUT THE COURT HAS MADE YOUR DECISION. THAT IS WHY WE HAVE A NUMBER OF LAWYERS ON EACH TEAM. THERE WILL BE VARIOUS PARTS OF THIS CASE WHERE LAWYERS WILL NOT BE PRESENT. THIS IS MR. DARDEN'S WITNESS. I CAN UNDERSTAND THIS ARGUMENT, IT WOULD BE MORE COMPELLING IF THIS WAS NOT MR. DARDEN'S WITNESS, BUT AS THE COURT HAS SEEN, MR. DARDEN IS ABSOLUTELY CAPABLE OF CONDUCTING THIS EXAMINATION. HE HAS MISS CHERI LEWIS, HE HAS MR. YOCHELSON AND HE HAS ANY NUMBER OF OTHER D.A.'S UPSTAIRS WHO CAN ASSIST.
AS WITH EVERYTHING ELSE, AND I WANT TO BE SENSITIVE ABOUT THIS, THIS IS A BALANCING PROCESS. WE HAVE A LADY WHO DOES NOT WANT TO COME BACK, AND THE COURT HAS MADE A FINDING, AFTER TODAY, AND IT IS A DIFFICULT PROBLEM. YOU CAN MAKE YOUR QUERY, BUT I WOULD LIKE TO BE HEARD IN THIS REGARD. MISS CLARK CAN BE HERE FOR THE PART THAT SHE CAN OR COME BACK. AND YOU MADE THE DECISION. WE SHOULD MOVE AHEAD. IF WE ARE GOING TO HAVE 20 JURORS COMING, AND ALL THE REST OF US IN, IN A SITUATION WHEN THIS IS MR. DARDEN'S WITNESS, IT SEEMS TO ME WE SHOULD BE ABLE TO PROCEED AHEAD. THIS IS AN EXTRAORDINARY SITUATION AND I THINK YOU MADE THE RIGHT DECISION AND I THINK THAT WE SHOULD GO FORWARD, AND WHEN MISS CLARK CAN REJOIN US, THEN SO BE IT, BUT IT IS DARDEN'S WITNESS.
WELL, THE DIFFICULTY, THOUGH, MR. COCHRAN, IS THAT MISS CLARK HAS BEEN AND CONTINUES TO BE THE LEAD PROSECUTOR, AND GIVEN YOUR ROLE IN THIS CASE, WERE YOU TO BE ABSENT FOR A PART OR BE REQUIRED TO BE AWAY, I WOULD CALL A RECESS FOR YOU AS WELL.
AND YOU KNOW, WE HAVE MADE ADJUSTMENTS FOR MISS CLARK'S CHILD CARE REQUIREMENTS AND THAT IS SOMETHING THE COURT IS MORE THAN WILLING TO DO, AND I FORGOT -- I JUST PLAIN FORGOT.
BUT DARDEN STILL IS GOING TO DO THE WITNESSES. THERE IS DIRECT EXAMINATION BEFORE DARDEN GETS A CHANCE. MR. DARDEN, BUT I WAS JUST TRYING TO -- IF COULD I JUST HAVE A SECOND?
MISS LOPEZ IS SUPPOSED TO BE ONE OF THEIR MOST CRITICAL WITNESSES, YOUR HONOR, AND WE CAN CERTAINLY --
IN THE BUILDING. YOU WERE GOING TO INQUIRE OF MISS LOPEZ. I WILL HAVE SOMETHING MORE TO SAY AFTER THAT.
GOOD AFTERNOON -- EXCUSE ME. GOOD EVENING, SIR, AND MADAM INTERPRETER, WOULD YOU INTERPRET THE COURT'S COMMENTS FOR MISS LOPEZ. MR. JONES, I HAVE MADE A FINDING THAT YOUR CLIENT IS A MATERIAL WITNESS AND IT WAS MY INTENTION, IN FACT I HAVE ORDERED THE JURY BROUGHT OVER, BECAUSE I WAS GOING TO EXERCISE THE COURT'S DISCRETION, ALTER THE ORDER OF PROOF, ALLOW THE DEFENSE TO CALL MISS LOPEZ AS A WITNESS OUT OF ORDER, AND TESTIFY IN FRONT OF THE JURY. AND I HAVE BEEN TOLD THAT THE JURY IS -- HALF OF IT IS PROBABLY HERE AT THIS POINT AND DEPUTY BROWNING CONFIRMS THAT. I HAD COMPLETELY FORGOTTEN ABOUT MISS CLARK'S CHILD CARE OBLIGATIONS, AND I HAVE DEEP ADMIRATION FOR HER AS A SINGLE PARENT AND UNDERSTANDING THE OBLIGATIONS OF A THREE-YEAR OLD AND A FIVE-YEAR OLD AND IT IS SOMETHING THAT IS BEYOND MY CONTROL AT THIS POINT. SHE IS THE LEAD PROSECUTOR AND SHE IS ENTITLED TO BE HERE WHEN WE EXAMINE THIS WITNESS BEFORE THE JURY. HAVING MADE A FINDING THAT -- AND IT WAS MY INTENTION TO START RIGHT NOW WITH THE JURY AND GO UNTIL WE FINISH, AND THE JURORS HAVE NOT BEEN IN SESSION TODAY SO THEY WOULD HAVE BEEN FRESH AND WE COULD HAVE GONE UNTIL MIDNIGHT.
AND MY STAFF IS READY TO STAY UNTIL MIDNIGHT, BUT I HAVE TO DRIVE HALF OF THE STAFF HOME TONIGHT BECAUSE THEY ARE MISSING TRAINS, SO WE PLAN TO DO THIS. UNFORTUNATELY, AND THAT IS HAVING MADE THE FINDING THAT YOUR CLIENT IS LIKELY TO LEAVE, I AM NOW IN A POSITION THAT HAVING DETERMINED THAT SHE IS A MATERIAL WITNESS, HAVING TAKEN AS CREDIBLE HER TESTIMONY THAT SHE IS GOING TO LEAVE, I AM IN A SITUATION WHERE I HAVE TO EITHER IMPOSE A MATERIAL WITNESS BOND ON HER UNDER 1332 OR INCARCERATE HER IF I CANNOT GET HER TO PROMISE ME THAT SHE WILL OBEY MY COURT ORDER TO RETURN ON MONDAY. SO WE ARE SORT OF IN A DILEMMA AT THIS POINT. WOULD YOU TAKE A MOMENT, I KNOW YOU HAVE TALKED TO YOUR CLIENT ABOUT IT ALREADY, BUT WE ARE IN A SLIGHTLY DIFFERENT -- SIGNIFICANTLY DIFFERENT SITUATION AT THIS POINT.
YOUR HONOR, I UNDERSTAND AND I WILL TAKE THE TIME; HOWEVER, WE HAVE DISCUSSED IT AT LENGTH. I HAVE DISCUSSED WITH HER THE VARIOUS ALTERNATIVES AND I HAVE, EVEN IN ANTICIPATION OF THE PEOPLE'S AND I ASSUME IT IS THE PEOPLE'S REQUEST THAT SOME BOND BE SET, BUT WE HAVE TALKED ABOUT THAT AS WELL. SHE DOES NOT WANT TO BE LOCKED UP.
YOUR HONOR, WHAT I WOULD ASK IS PERMISSION OF THE COURT TO LET MRS. LOPEZ ADDRESS YOU. I SIMPLY CANNOT DO IT WITH THE EMOTIONS THAT SHE EXPRESSES TO ME. SHE IS VERY UPSET.
I WANT TO ALLOW HER -- I HAVE ACCEPTED HER TESTIMONY TO ME THAT SHE IS GOING TO LEAVE. I HAVE ACCEPTED THAT AS TRUE. AND I HAVE ALSO ACCEPTED THAT SHE IS A MATERIAL WITNESS AND SHOULD TESTIFY BEFORE THE JURY AND THE JURY IS AVAILABLE. I HAVE A LOGISTICAL PROBLEM THAT ONE OF THE LAWYERS CANNOT BE HERE WHO IS ENTITLED AND SHOULD BE HERE FOR MISS LOPEZ. AND MISS LOPEZ, I APOLOGIZE TO YOU, BUT I HAVE MADE THE FINDING THAT I BELIEVE THAT YOU ARE GOING TO RETURN TO EL SALVADOR.
I ALSO AM SYMPATHETIC TO THE CHILD CARE PROBLEMS OF A SINGLE PARENT; HOWEVER, I WOULD INDICATE TO THE COURT THAT CONSISTENTLY IT HAS BEEN MR. DARDEN WHO HAS CONTACTED ME WITH RESPECT TO OR MESSAGES ON HIS BEHALF INDICATING HE IS THE ONE WHO WANTS TO INTERVIEW HER, AND WE ARE HERE AT THIS LATE HOUR, IN MY OPINION, SIMPLY BECAUSE MR. DARDEN HAS WASTED THE AFTERNOON WITH QUESTIONS THAT I THINK HAVE TO DO WITH MY ATTORNEY FEES AND MY FEE ARRANGEMENTS. AND WE SET THIS ON A FRIDAY. THERE IS NO GUARANTEE THAT WE CAN GET OUT OF HERE AT FOUR O'CLOCK, AND I JUST THINK IF WE HAVE TO BALANCE THE EQUITIES HERE, ON THE ONE HAND HAVING MR. DARDEN WHO WANTED TO INTERVIEW HER WHO TOOK THE AFTERNOON WHO REQUESTED THE FRIDAY SETTING, AND AGAINST MRS. LOPEZ BEING LOCKED UP, I THINK THE EQUITIES FALL ON HER SIDE.
WELL, SHE DOESN'T HAVE TO BE LOCKED UP IF SHE WILL PROMISE ME SHE WILL COME BACK ON MONDAY.
AND I WILL MAKE ARRANGEMENTS TO HAVE HER HOUSED OVER THE WEEKEND. MISS LOPEZ, DO YOU HAVE SOMETHING YOU WISH TO SAY?
THAT I WANTED TO LEAVE. I DON'T WANT TO BE HERE ANY LONGER. ALL THESE REPORTERS HAVE DESTROYED MY LIFE. I CAN'T GO OUT ANYWHERE. I AM SO AFRAID OF SO MANY THINGS. I DON'T KNOW WHAT ELSE TO SAY. I PROMISED TO COME TODAY BECAUSE I WAS PROMISED THAT THIS WAS GOING TO FINISH TODAY AND THEN I COULD GO TO EL SALVADOR.
ALL RIGHT. MISS LOPEZ, UNFORTUNATELY IT DOES NOT LOOK LIKE WE ARE GOING TO FINISH TODAY, AND I HAVE THE FEELING, UNFORTUNATELY, THAT YOUR SITUATION WILL NOT LIKELY IMPROVE WHEN YOU RETURN TO EL SALVADOR. BUT I HAVE TO BALANCE THE FACT THAT YOU ARE AN IMPORTANT WITNESS FOR MR. SIMPSON AND THAT THE PROSECUTION IS ENTITLED TO ASK YOU QUESTIONS IN FRONT OF THE JURY.
I AM VERY GRATEFUL TO YOU AND ALSO TO THE JURY, THAT THEY ARE HERE SO LATE BECAUSE OF MY FAULT, BUT I WISH WITH MY HEART THAT I COULD GO TOMORROW BACK TO MY COUNTRY.
MISS LOPEZ, THE PLANES FLY, AS YOU KNOW, TO EL SALVADOR ON A REGULAR BASIS. I WILL START YOUR CASE, YOUR TESTIMONY IN FRONT OF THE JURY, THE FIRST THING WE DO WITH THE JURY MONDAY AT NINE O'CLOCK.
JUST BEFORE, I DID CHECK MAYBE -- THAT RELATES TO MISS CLARK JUST ONE SECOND, IF SHE CAN. WOULD THE COURT CONSIDER -- I THINK MISS CLARK MENTIONED THIS EARLIER. WOULD THE COURT CONSIDER A MAJOR FINDING, AN UNUSUAL SATURDAY MORNING SESSION WHERE YOU CAN TRY TO CONCLUDE THIS? MISS CLARK CAN DO IT, WE CAN ALL DO IT, AND IT WOULD STILL ALLOW MISS LOPEZ TO MAKE THAT ELEVEN O'CLOCK FLIGHT TOMORROW NIGHT AND WOULD THE COURT CONSIDER THAT? I THINK EVERYBODY CAN DO IT AND IT WOULD GET US BACK ON TRACK FOR MONDAY MORNING. WE ARE ON OUR NEW SCHEDULE MONDAY AND IF THE COURT HAS MADE THIS FINDING, IT BETTER BALANCES WHAT YOU ARE TALKING ABOUT. IT GIVES HER A CHANCE TO LEAVE TOMORROW NIGHT AND WE CAN FINISH THIS THING IN ONE DAY. THE JURORS WILL BE HERE ANYWAY TOMORROW AND I THINK MISS CLARK CAN DO IT. THAT SEEMS TO BE FAIRER.
FRANKLY, COUNSEL, WE NEED TO HAVE A WEEKEND IN BETWEEN. MONDAY MORNING, NINE O'CLOCK. THE OTHER MATTER THAT WE SCHEDULED AT NINE O'CLOCK WE WILL PUT OFF TO ANOTHER DAY. MADAM CLERK, WILL YOU CONTACT DEPUTY DOWNS AND TELL THEM TUESDAY.
YES. WE WILL MAKE ARRANGEMENTS FOR THAT. MISS LOPEZ, I AM GOING TO ORDER YOU TO RETURN MONDAY MORNING AT NINE O'CLOCK. I WILL MAKE ARRANGEMENTS FOR YOUR HOUSING. DO YOU UNDERSTAND THAT?
AND I DON'T WANT ANY REPORTERS AT THE HOTEL WHERE JOHNNIE TAKES ME TO. I DON'T WANT ANY REPORTERS.
WHY DON'T YOU HAVE A SEAT AND WE WILL TALK WITH YOU AND YOUR ATTORNEY IN A MOMENT.
ALL RIGHT. THEN IF THERE IS NOTHING ELSE TO PUT ON THE RECORD --
I CAN'T BE HERE, YOUR HONOR.
ALL THESE REPORTERS HAVE DESTROYED MY LIFE. I CAN'T GO OUT ANYWHERE. I AM SO AFRAID OF SO MANY THINGS.
I WILL DO IT FOR YOU, YOUR HONOR.
NOT REAL SENSITIVE.
I HAD COMPLETELY FORGOTTEN ABOUT MISS CLARK'S CHILD CARE OBLIGATIONS, AND I HAVE DEEP ADMIRATION FOR HER AS A SINGLE PARENT AND UNDERSTANDING THE OBLIGATIONS OF A THREE-YEAR OLD AND A FIVE-YEAR OLD.