Sidebar: hearsay objection

📄 Sidebar: hearsay objection — Friday, February 3, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\3\SIDEBAR-HEARSAY-OBJECTION.DOC

TRIAL

▲ Day 12 of 167

◀ Direct examination of Catherine Boe (part 2) Direct examination of Catherine Boe (part 3) ▶

Date: Friday, February 3, 1995 • Lines: 17

Judge Ito called a sidebar and then asked Darden what was about to come out. Darden said he did not know, while clarifying that his uncertainty concerned the particular situation and that he had questions about other matters. Shapiro argued that Darden should have no further questions and sit down. The court identified a hearsay problem with other observations and focused the proposed questioning on what the defendant told the witness about the nature of the relationship; Darden agreed to ask that question.

# 1 THE COURT:

COME ON OVER HERE TO THE SIDE BAR WITH THE REPORTER, PLEASE.

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

# 3 THE COURT:

MR. DARDEN, WHAT IS ABOUT TO COME OUT HERE?

# 4 MR. DARDEN:

I DON'T KNOW.

# 5 MR. SHAPIRO:

WELL, THEN, YOUR HONOR, HE HAS MADE AN OFFER OF PROOF AS AN OFFICER OF THE COURT AND NOW HE SAYS HE DOESN'T KNOW WHAT THE WITNESS IS GOING TO TESTIFY TO. I THINK HE SHOULD HAVE NO FURTHER QUESTIONS AND SIT DOWN.

# 6 MR. DARDEN:

I HAVE QUESTIONS ABOUT OTHER THINGS, BUT AS FAR AS THIS PARTICULAR SITUATION --

# 7 MR. SHAPIRO:

OF WHICH YOU KNOW THE ANSWERS TO? OF WHICH YOU HAVE INTERVIEWED THE WITNESS?

# 8 MR. DARDEN:

I WANT TO KNOW WHAT THEY WERE ARGUING ABOUT. I MEAN, THE RELATIONSHIP IS AT ISSUE HERE.

# 9 THE COURT:

ISN'T THE VALUE OF THIS WITNESS TO SAY WHAT THE DEFENDANT TOLD HER ABOUT THE NATURE OF THEIR RELATIONSHIP?

KEY QUOTE

# 10 MR. DARDEN:

OKAY.

# 11 THE COURT:

OTHER OBSERVATIONS ARE INTERESTING, BUT HOW DO WE GET AROUND THE HEARSAY PROBLEM.

# 12 MR. DARDEN:

I WILL ASK HER WHAT DID THE DEFENDANT TELL YOU ABOUT THE NATURE OF THE RELATIONSHIP. I WILL ASK HER THAT QUESTION.

# 13 MR. SHAPIRO:

YOUR HONOR, WOULD YOU ADMONISH THE JURY AND ADMONISH THE WITNESS THAT THESE AREAS ARE INAPPROPRIATE TO GET INTO AND THAT THERE ARE CERTAIN AREAS AND JUST OUTLINE WHAT THEY ARE SO SHE GETS THE CLUE.

# 14 MR. DARDEN:

COME ON.

# 15 MS. CLARK:

MAYBE THE COURT WILL DO THAT FOR DEFENSE COUNSEL, TOO, WHEN THEY GO INTO INAPPROPRIATE AREAS ON CROSS AND TELL THE JURY THAT THEY ARE DOING INAPPROPRIATE THINGS.

KEY QUOTE

# 16 MR. DARDEN:

IS CARL GOING TO CROSS-EXAMINE THIS WITNESS?

# 17 THE COURT:

MR. SHAPIRO IS, APPARENTLY. FOLKS, LET'S GO BACK. THANK YOU.

Temperature

tense

Key Quotes (3)

Christopher Darden

I DON'T KNOW.

Darden said he did not know what was about to come out in the particular situation under discussion, while adding that he had questions about other matters; Shapiro used the answer to argue that Darden should stop questioning.

Lance A. Ito

ISN'T THE VALUE OF THIS WITNESS TO SAY WHAT THE DEFENDANT TOLD HER ABOUT THE NATURE OF THEIR RELATIONSHIP?

Ito focused Darden on asking what the defendant told the witness about the nature of the relationship as the court addressed a hearsay problem with other observations.

Marcia Clark

MAYBE THE COURT WILL DO THAT FOR DEFENSE COUNSEL, TOO, WHEN THEY GO INTO INAPPROPRIATE AREAS ON CROSS AND TELL THE JURY THAT THEY ARE DOING INAPPROPRIATE THINGS.

Sharp pushback at Shapiro's request that the judge admonish the witness and jury — Clark calling out the defense's double standard.

Notable Exchanges (3)

Robert Shapiro•Christopher Darden

After Darden said he did not know what was about to come out, and clarified that his uncertainty concerned the particular situation while he had questions about other matters, Shapiro argued that Darden should have no further questions and should sit down.

adversarial

Lance A. Ito•Christopher Darden

In response to the court's hearsay concern, Ito focused the proposed questioning on what the defendant told the witness about the nature of the relationship, and Darden agreed to ask that question.

procedural

Marcia Clark•Robert Shapiro

Clark fired back at Shapiro's request to admonish the witness and jury, suggesting the court apply the same scrutiny to defense's cross-examination.

heated

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 4621 • 17 lines

Criminal Trial

Department 103