TWO SECONDS. ALL RIGHT. BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS AGAIN PRESENT BEFORE THE COURT WITH HIS COUNSEL, MR. SHAPIRO, MR. COCHRAN, MR. DOUGLAS, MR. BAILEY. THE PEOPLE ARE REPRESENTED BY MISS CLARK, MR. DARDEN AND MR. GORDON. THE JURY IS NOT PRESENT. MR. COCHRAN, YOU HAD A COMMENT TO MAKE?
YES, YOUR HONOR. I HAVE THREE QUICK MATTERS, IF I MIGHT. YESTERDAY AT THE END OF THE DAY WHEN WE WERE LEAVING, YOUR HONOR, I WAS ADVISED THAT WHEN MR. RON SHIPP LEFT THE WITNESS STAND, FINALLY, HE WALKED THROUGH THE GATES THERE AND HE MADE WHAT HAS BEEN CALLED A POWER SIGN TOWARD THE BROWN FAMILY. THIS WAS SEEN BY PEOPLE IN THE BACK ROW, AND THE JURY WAS APPARENTLY STILL HERE, AND GIVEN THAT EVENTUALITY AND THE FACT THAT WE WERE TOLD BY INDEPENDENT PEOPLE THAT THAT TOOK PLACE, THE COURT NEEDS AGAIN PERHAPS TO INQUIRE OR CHECK WITH YOUR STAFF OR CHECK WITH THE PHOTOGRAPHERS IN THE BACK ROW AND I THINK YOU CAN VERIFY THAT. THOSE KIND OF OVERDISPLAYS BY THIS WITNESS I THINK HAVE NO PLACE, AND AGAIN I THINK IT WOULD REQUIRE AN ADMONISHMENT OF THE JURY, BECAUSE IT IS THOROUGHLY, THOROUGHLY IMPROPER. THAT IS ITEM NO. 1. THE SECOND ITEM HAS TO DO WITH DISCOVERY ISSUE. I HAD A CONVERSATION WITH A MAN NAMED SCOTT KENNEDY, YOUR HONOR, ON WEDNESDAY EVENING. MR. KENNEDY IS A MAN WHO SAYS THAT -- WHO HAS -- WHO TOOK A VIDEO OF THE ENDING OF THE RECITAL ON JUNE 12, 1994, A VIDEO THAT INCLUDES MR. O.J. SIMPSON WITH ONE OF HIS CHILDREN, HIS GREETING THE BROWN FAMILY, HAS THE BROWN FAMILY ON IT, AND APPARENTLY THE INDICATION IS THAT NONE OF THESE PARTIES KNEW THEY WERE BEING VIDEOED. THE CONCERN THAT I HAVE REGARDING MR. SCOTT KENNEDY IS THAT HE INDICATED TO ME HE SENT THIS VIDEO TO MISS MARCIA CLARK, HE SAID SPECIFICALLY LAST SUMMER, AND IN OUR -- AT LEAST MY REVIEW OF THE DISCOVERY WE HAVE NEVER EVER RECEIVED THAT. THIS VIDEO HAS NOW BEEN SHOWN AND WE EXPECT OF COURSE TO HAVE OUR COPY SHORTLY. BUT IF THE PROSECUTION HAD THAT, WE WERE ENTITLED TO THAT SOME TIME AGO AND MR. KENNEDY SAID THAT HE DID IN FACT SEND IT SPECIFICALLY TO MISS MARCIA CLARK AND THERE WAS NO FOLLOW-UP ON IT. THE THIRD THING HAS TO DO WITH A WITNESS BY THE NAME OF LEIF TILDEN, L-E-I-F T-I-L-D-E-N. MR. LEIF TILDEN IS A WITNESS WHO HAS IN FACT BEEN INTERVIEWED BY THE PROSECUTION. HE IS A WITNESS WHO SAYS HE SAW FOUR MEN IN THE AREA OF THE BUNDY STREET ADDRESS NEAR DOROTHY ON THE NIGHT OF JUNE 12, 1994, AS I UNDERSTAND IT, FOUR CAUCASIAN MEN, OR NOT AFRICAN AMERICAN MEN, BETWEEN THE TIME OF 10:00 AND TEN ALSO INDICATED HE HAS IN FACT BEEN INTERVIEWED BY THE PROSECUTION. WE RECEIVED NO INFORMATION ABOUT THIS MAN AT ALL, NO REPORTS OR WHATEVER. AS THE COURT HAS POINTED OUT TO ME, DISCOVERY IS RECIPROCAL. THESE ARE -- I STAND HERE UNDERSTANDING THAT AND I WANT TO BRING THIS TO THE COURT'S ATTENTION, THE LAST TWO MATTERS, AND ALSO THE SHIPP MATTER, I WOULD LIKE THE COURT TO CONDUCT SOME INVESTIGATION BECAUSE WE SHOULD NOT BE PREJUDICED BECAUSE A WITNESS LIKE SHIPP IS OVERZEALOUS. ON THESE OTHER TWO THINGS, WE WOULD LIKE TO HAVE AN UNDERSTANDING, IF THE COURT HAS THE KENNEDY TAPE, AND WE WOULD LIKE TO HAVE THE REPORTS, IF THEY ARE AVAILABLE, ON MR. LEIF TILDEN. WE THINK HE WILL BE A VERY IMPORTANT WITNESS, ESPECIALLY IN VIEW OF THE FACT THAT THE PROSECUTION KNEW THAT THEY HAD ANOTHER WITNESS WHO TALKED ABOUT FOUR MEN IN AN AROUND THAT AREA BETWEEN 10:00 AND 10:30 ON JUNE 12. CERTAINLY IT WOULD BE MISLEADING TO THE JURY TO TALK FOR -- TO HAVE MISS CLARK'S OPENING STATEMENT -- REOPENING STATEMENT ON MONDAY, SO I WANTED TO PUT THOSE THINGS ON THE RECORD, IF I MIGHT, YOUR HONOR.
YOUR HONOR, IT IS CORRECT THAT MEMBERS OF THE D.A.'S OFFICE HAVE INTERVIEWED THE GENTLEMAN MR. COCHRAN JUST REFERRED TO. WE DID THAT ROUGHLY 24 HOURS AGO. JUST THIS MORNING BEFORE COMING DOWN HERE I SIGNED OFF APPROVING THE RELEASE OF THE TAPE OF THAT INTERVIEW TO MR. COCHRAN AND SO WE ARE AWARE OF THAT PERSON, WE ARE AWARE OF OUR DUTIES UNDER THE RULES OF DISCOVERY, AND WE ARE COMPLYING AND THEY WILL BE RECEIVING WRITTEN NOTIFICATION --
-- AT ANY MOMENT. AND I SHOULD INDICATE AS WELL, THAT ISN'T SOMEONE THAT WE HAVE KNOWN ABOUT FOR SEVERAL WEEKS OR SEVERAL MONTHS. HE CAME FORWARD AFTER HE HEARD MR. COCHRAN'S OPENING STATEMENT AND HIS REFERENCE TO MISS GERCHAS AND I BELIEVE HE WILL TESTIFY THAT HE SAW FOUR YOUNG MEN IN THE AREA THAT NIGHT, BUT THAT THEY APPEARED TO BE COLLEGE STUDENTS, NONE OF THEM WORE KNIT CAPS. IN FACT, NOT ALL OF THEM WORE CAPS AT ALL AND THE CAPS THAT WERE WORN WERE BASEBALL CAPS. AND SO I DON'T KNOW HOW RELEVANT HIS TESTIMONY WILL BE, IF HE IS CALLED AS A WITNESS, BUT WE WILL CERTAINLY PROVIDE COUNSEL WITH THAT DISCOVERY.
ALL RIGHT. THAT APPEARS TO BE WITHIN THE COURT'S ORDER WHICH WAS TO GIVE NOTICE WITHIN ONE BUSINESS DAY.
I AM NOT AWARE OF THAT VIDEO AND MR. FAIRTLOUGH IS HERE AND HE HANDLES MOST OF THE DISCOVERY. IF WE HAVE SUCH A VIDEO, WE WILL TURN IT OVER. I DON'T THINK WE DO, BUT SOMEONE UPSTAIRS I'M SURE IS CHECKING RIGHT NOW. IF WE HAVE IT, WE WILL GIVE TO IT MR. COCHRAN.
ALL RIGHT. I WOULD LIKE TO KNOW WHEN WE COME BACK AT 1:30, AND IF YOU RECALL, I HAVE ASKED BOTH SIDES TO SUBMIT TO THE COURT AN INVENTORY BY TODAY AND THE RECORD SHOULD REFLECT I HAVE RECEIVED THE DEFENSE INVENTORY THIS MORNING FROM MR. DOUGLAS AND I WILL -- SO THAT I WILL KNOW WHAT EVERYBODY HAS FROM THIS POINT ON.
OKAY. SENIOR D.A. INVESTIGATOR MIKE ARMSTRONG IS WORKING ON THAT RIGHT NOW. IT WILL BE HERE BY THREE O'CLOCK.
I SAW NO SUCH GESTURE, BUT I DON'T THINK ANY SUCH GESTURE BY MR. SHIPP IS ANY MORE INAPPROPRIATE THAN WHAT HAPPENED HERE YESTERDAY, I BELIEVE IT WAS YESTERDAY, WHEN THE COURT WAS INTRODUCED TO MR. DOUGLAS' WIFE, MRS. DOUGLAS, AND AFTER THAT INTRODUCTION -- AND I HAVE NO PROBLEM WITH THAT -- SHE WALKED OVER TO THE DEFENDANT, SHE SHOOK HIS HANDS, SHE CONVERSED WITH HIM, RIGHT HERE IN FRONT OF THE JURY. RIGHT HERE IN FRONT OF THE JURY. I THOUGHT THAT WAS HIGHLY INAPPROPRIATE, BUT I DIDN'T BRING IT TO THE COURT'S ATTENTION. I DON'T SEE ANY NEED TO GET OR COMPLAIN ABOUT EVERY LITTLE THING THAT HAPPENS IN THE COURTROOM, BUT I DIDN'T SEE IT AND SO I CAN'T -- I CAN'T ADDRESS --
IN ADDITION, WHEN DETECTIVE FARRELL LEFT THE WITNESS STAND THE OTHER DAY, AS HE PASSED BY THE DEFENDANT SAID TO HIM "THANKS FOR TELLING THE TRUTH," OR WORDS TO THAT EFFECT, WITHIN EARSHOT OF THE JURY. SO IF MR. SHIPP PERHAPS VIOLATED THE COURT'S RULE IN SOME MINOR WAY, HE IS NOT THE ONLY ONE, AND I DON'T THINK THE COURT SHOULD DRAW ATTENTION -- THE JURY'S ATTENTION TO WHATEVER OCCURRED YESTERDAY. AND MR. COCHRAN DIDN'T SEE IT. WE DON'T KNOW THAT IT HAPPENED. MAYBE IT DID; MAYBE IT DIDN'T.
NO. I THINK I'M GOING TO HAVE TO BECOME ARGUS. I HAVE TO STAY HERE THE WHOLE TIME.
KEY QUOTEHOPEFULLY THAT WON'T BE NECESSARY, YOUR HONOR. I THINK MOST WITNESSES I THINK WILL COMPLY AND CONDUCT THEMSELVES APPROPRIATELY. WE DON'T HAVE THIS PROBLEM EVERY DAY. THIS PARTICULAR WITNESS HAS SHOWN A PROCLIVITY OR PROPENSITY FOR DOING THIS. YOU HAD ALREADY WARNED HIM SEVERAL TIMES AND YOU HAD ALREADY CAUTIONED THE JURORS REGARDING HIM. AND WHAT I'M ASKING THE COURT TO DO IS SINCE I WAS ADVISED OF THIS, IS TO QUERY PEOPLE THAT ACTUALLY SAW IT, BECAUSE IT WOULD BE A FLAGRANT VIOLATION. THAT IS FAR DIFFERENT THAN MISS LINDA JACKSON DOUGLAS, WHO DID NOT SHAKE MR. SIMPSON'S HANDS AT ALL, BEING INTRODUCED AT A TIME IN AN APPROPRIATE MANNER. THAT IS FAR DIFFERENT. THE PEOPLE ALWAYS SEEM TO BE CONFUSED, YOUR HONOR, THAT WHENEVER SOMETHING HAPPENS THEY WANT TO SAY SO AND SO DID THAT. THAT IS NOT THE QUESTION. AS MISS CLARK HERSELF AT ONE POINT, TWO WRONGS WOULDN'T MAKE A RIGHT. WE HAVE TO DEAL WITH THE CONDUCT. THE LAST THING I WANT TO SAY, AND I APPRECIATE MR. DARDEN BEING FORTHCOMING ABOUT THE TAPE, THEY DIDN'T TELL ME ABOUT IT. I AM THE ONE WHO BROUGHT IT UP AND I'M GLAD WE ARE GOING TO GET THAT, BUT THAT VIDEOTAPE WAS FROM LAST SUMMER. HE GOT IT IN JULY. AND WE SHOULD KNOW SOMETHING ABOUT THE END OF THE DAY ON THAT?
HE WALKED THROUGH THE GATES THERE AND HE MADE WHAT HAS BEEN CALLED A POWER SIGN TOWARD THE BROWN FAMILY.
I DON'T SEE ANY NEED TO GET OR COMPLAIN ABOUT EVERY LITTLE THING THAT HAPPENS IN THE COURTROOM.
I THINK I'M GOING TO HAVE TO BECOME ARGUS. I HAVE TO STAY HERE THE WHOLE TIME. INSTANT REPLAY.
THAT VIDEOTAPE WAS FROM LAST SUMMER. HE GOT IT IN JULY. AND WE SHOULD KNOW SOMETHING ABOUT THE END OF THE DAY ON THAT?