Sidebar: defendant's character

📄 Sidebar: defendant's character — Friday, February 3, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\3\SIDEBAR-DEFENDANT-S-CHARACTER.DOC

TRIAL

▲ Day 12 of 167

◀ Direct examination of Denise Brown (part 3) Direct examination of Denise Brown (part 4) ▶

Date: Friday, February 3, 1995 • Utterances: 42

The defense (Cochran) called a sidebar to move to strike testimony and admonish both the jury and the witness, who was volunteering character information about Simpson beyond the scope of allowed domestic violence testimony. Darden argued the defense had opened the door to personality evidence by telling the jury Simpson lacks an antisocial personality. Judge Ito sided with the defense on scope, limiting testimony to domestic violence incidents, and agreed to instruct the witness to answer questions precisely. The sidebar ended with concern about the witness's emotional state and whether she could continue.

# 1 MR. COCHRAN:

YOUR HONOR, MAY WE APPROACH THE BENCH, PLEASE?

# 2 THE COURT:

YES, PLEASE.

# 3 MR. COCHRAN:

THANK YOU.

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

# 5 THE COURT:

WE ARE OVER AT SIDEBAR. THIS IS NOT RELEVANT TO THE ISSUE AT HAND HERE.

# 6 MR. COCHRAN:

AND TWO THINGS, YOUR HONOR. WE'RE GOING TO ASK THE COURT TO MOVE TO STRIKE THIS LAST PART AND TO ADMONISH THE JURY TO DISREGARD IT AND ALSO ADMONISH THE WITNESS. THIS WITNESS, WE'RE GOING TO BE HERE A LONG TIME WITH HER. BOB IS PREPARED TO EXAMINE HER. BUT IT'S NOT FAIR TO HIM, IT'S NOT FAIR TO THIS DEFENDANT. THIS LADY IS HOSTILE. IT'S NOT FAIR TO THIS DEFENDANT. WE'RE TRYING TO, YOU KNOW, KEEP HIM UNDER CONTROL. ALSO, FOR THE RECORD, I WANTED TO INDICATE AGAIN, AS I'VE SAID BEFORE, BECAUSE THEY WON'T STIPULATE, THAT I'M OBJECTING TO EACH AND EVERY ONE OF THE ACTS THAT YOU HAVE SAID THEY CAN GET INTO, SO I WANT THE RECORD PRESERVED, THE 352, 1101(B), ET CETERA. SO IS THAT OKAY FOR THE RECORD?

# 7 THE COURT:

YES.

# 8 MR. DARDEN:

THIS IS ONE OF THE ACTS YOU SAID WE COULD GET INTO.

# 9 THE COURT:

THIS BUSINESS ABOUT, YOU KNOW, HE'S GOT A BIG EGO, HE LIKES THE ATTENTION, I MEAN THAT'S NOT PART OF THIS.

# 10 MR. COCHRAN:

I MEAN, OVER AND OVER AGAIN, ALL THIS STUFF, OH, YES, I THINK HE ALWAYS GOT FREE DRINKS, WE COULD OBJECT TO EVERY QUESTION. WE DON'T WANT TO DO THAT. IT'S NOT FAIR FOR HER TO BE UP THERE IN A UNIQUE POSITION, AND I WOULD ASK THE COURT TO ADMONISH HER. THEY KNEW THEY WERE GOING TO CALL HER FOR A LONG TIME. AND DARDEN IS A GOOD LAWYER AND DARDEN HAS SPENT TIME WITH HER. THESE ARE NOT MISTAKES, JUDGE. THIS IS HAPPENING. NOW, WE MAY LOOK BACK ON THIS AND SMILE WHEN THE JURY VERDICT COMES IN IN MAY OR JUNE. BUT FOR RIGHT NOW, WE CAN'T ALLOW THIS TO TAKE PLACE. I JUST DON'T THINK IT'S RIGHT.

# 11 THE COURT:

MR. DARDEN.

# 12 MR. DARDEN:

YOUR HONOR, I DON'T KNOW WHAT MR. COCHRAN MEANS BY, WE CAN'T ALLOW. IS HE WEARING THE ROBE IN THIS COURTROOM TODAY?

# 13 MR. COCHRAN:

I SAID WE CAN'T ALLOW THIS WITHOUT OBJECTION. THAT'S ALL I SAID, COUNSEL.

# 14 MR. DARDEN:

THEN I THINK YOU SHOULD OBJECT. I HAVE SPENT SOME TIME WITH THIS WITNESS. I DIRECTED THE WITNESS TO GO TO 1985, YOU KNOW, SO THAT WE DIDN'T GET INTO OTHER THINGS LIKE THAT.

# 15 THE COURT:

HOW ABOUT THIS STUFF ABOUT HE'S GOT A BIG EGO, THAT KIND OF STUFF?

# 16 MR. DARDEN:

WELL, MAY I ALLOW MR. GORDON TO RESPOND TO THAT?

# 17 THE COURT:

NO, BECAUSE YOU'RE THE ONE CONDUCTING THE EXAMINATION.

# 18 MR. DARDEN:

MAY I HAVE ONE MOMENT?

# 19 (DISCUSSION BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 20 MR. DARDEN:

THEY HAVE PUT HIS PERSONALITY PROFILE IN ISSUE. THEY TOLD THE JURY HE DOES NOT HAVE AN ANTISOCIAL PERSONALITY. SO HIS PERSONALITY IS RELEVANT AND IT'S ALSO RELEVANT ON THE ISSUE -- FOR INSTANCE, IF HE LIKES ALL THIS PUBLIC ATTENTION, WHY IS HE RIDING AROUND IN A BRONCO JUNE 17TH? THAT WOULD BE RELEVANT. YOU KNOW, ALL THESE THINGS ARE RELEVANT.

KEY QUOTE

# 21 THE COURT:

WELL, COUNSEL, AT SOME POINT IN TIME, YOU CAN USE ANOTHER WITNESS TO DO THAT. IF YOU HAVE TO, YOU CAN RECALL THE WITNESS IF THIS REALLY BECOMES AN ISSUE. YOU'RE SORT OF GUESSING AT THIS POINT. THE ISSUE HERE IS THE INCIDENTS OF DOMESTIC VIOLENCE. THAT'S WHAT I ALLOWED THIS TESTIMONY FOR. LET'S STICK TO THAT.

# 22 MR. COCHRAN:

SHE'S VOLUNTEERING A BUNCH OF STUFF ON OTHER ISSUES.

# 23 MR. DARDEN:

CAN I MAKE A SUGGESTION?

# 24 THE COURT:

YES.

# 25 MR. DARDEN:

ARE WE ADJOURNING AT 3:00 O'CLOCK?

# 26 THE COURT:

BOY, I SURE HOPE SO.

# 27 MR. DARDEN:

IF YOU LOOK OVER AT THE WITNESS, I DON'T THINK SHE'S GOING TO MAKE IT.

# 28 THE COURT:

SHE'S ALL RIGHT. SHE'LL MAKE IT.

# 29 MR. COCHRAN:

IF SHE JUST ANSWERS THE QUESTION, IF SOMEBODY ADVISES HER JUST TO ANSWER THE QUESTION.

# 30 THE COURT:

YEAH.

# 31 MR. DARDEN:

I MEAN SHE'S VERY, VERY EMOTIONAL.

# 32 THE COURT:

I KNOW.

# 33 MR. DARDEN:

I DON'T THINK SHE'S GOING TO MAKE IT.

# 34 THE COURT:

THEN SHE WILL HAVE THE WEEKEND TO STIFFEN HER UPPER LIP.

KEY QUOTE

# 35 MR. COCHRAN:

I WOULD RATHER NOT END THE WEEKEND WITH HER BREAKING DOWN CRYING. IF CHRIS SAYS HE'S GOING INTO AN AREA WHERE SHE'S ABOUT TO FALL APART, MAYBE WE SHOULD FIND OUT WHAT AREA HE IS GOING TO GO INTO NEXT.

# 36 THE COURT:

WELL, COUNSEL, I CAN'T -- YOU KNOW, TIMING IS EVERYTHING. WHAT CAN I TELL YOU?

# 37 MR. COCHRAN:

I KNOW TIMING IS EVERYTHING.

# 38 THE COURT:

I CAN'T CONTROL THESE THINGS. WE'VE STILL GOT SOME TIME. LET'S GO.

# 39 MR. COCHRAN:

IS THE COURT GOING TO ADMONISH HER?

# 40 THE COURT:

I'M JUST GOING TO ASK HER TO LISTEN CAREFULLY TO THE QUESTION AND ANSWER THE PRECISE QUESTION.

# 41 MR. COCHRAN:

MOVE TO STRIKE THE ANSWER.

# 42 THE COURT:

YEAH, I KNOW.

Temperature

tense

Key Quotes (5)

Johnnie Cochran

THESE ARE NOT MISTAKES, JUDGE. THIS IS HAPPENING.

Cochran explicitly accuses Darden of deliberately eliciting improper character testimony, suggesting prosecutorial misconduct rather than witness spontaneity.

Christopher Darden

IS HE WEARING THE ROBE IN THIS COURTROOM TODAY?

Sharp retort to Cochran's 'we can't allow this' framing — Darden pushes back on Cochran positioning himself as co-arbiter of what testimony is permissible.

Christopher Darden

THEY HAVE PUT HIS PERSONALITY PROFILE IN ISSUE. THEY TOLD THE JURY HE DOES NOT HAVE AN ANTISOCIAL PERSONALITY. SO HIS PERSONALITY IS RELEVANT.

Darden's legal justification for the witness's character testimony — the defense opened the door during their own case.

Lance A. Ito

THE ISSUE HERE IS THE INCIDENTS OF DOMESTIC VIOLENCE. THAT'S WHAT I ALLOWED THIS TESTIMONY FOR. LET'S STICK TO THAT.

Ito clearly defines the boundary of permissible testimony and sides with the defense on scope.

Lance A. Ito

THEN SHE WILL HAVE THE WEEKEND TO STIFFEN HER UPPER LIP.

Blunt, almost sardonic response to concern about the witness breaking down — reveals Ito's no-nonsense style.

Notable Exchanges (3)

Johnnie Cochran•Christopher Darden

Cochran says 'we can't allow this' and Darden snaps back asking if Cochran is 'wearing the robe in this courtroom today.' Cochran clarifies he meant they can't allow it without objection.

heated

Christopher Darden•Lance A. Ito

Darden argues the defense opened the door to personality testimony by claiming OJ lacks antisocial personality, and ties the witness's 'big ego/likes attention' testimony to the Bronco chase. Ito rejects the argument as speculative and limits testimony to domestic violence.

strategic

Johnnie Cochran•Christopher Darden•Lance A. Ito

Cochran asks whether the court will end before the emotional witness breaks down entirely. Darden agrees she's in distress. Cochran proposes learning what area Darden plans to cover next to avoid a breakdown going into the weekend.

procedural

Light Moments (2)

Lance A. Ito

When Darden asks if they're adjourning at 3:00, Ito replies 'Boy, I sure hope so.'

Lance A. Ito

Ito's 'she will have the weekend to stiffen her upper lip' in response to concern about the witness breaking down.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4672 • 42 utterances

Criminal Trial

Department 103