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 • Utterances: 17

Judge Ito called a sidebar after Darden admitted he didn't know what his witness was about to say, prompting Shapiro to argue he should sit down. The court identified a hearsay problem with the witness's observations and redirected Darden to ask specifically what the defendant told her about the nature of his relationship with Nicole — sidestepping the hearsay issue by framing it as a party admission.

# 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's admission that he doesn't know what the witness will say undercuts his own offer of proof and gives Shapiro ammunition to demand he 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 essentially coaches the prosecution on how to frame the questioning to avoid the hearsay problem — treating OJ's own statements as party admissions.

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

Shapiro seized on Darden's admission that he didn't know what the witness would say, arguing that without a proper offer of proof Darden should have no further questions.

adversarial

Lance A. Ito•Christopher Darden

Ito reframed the witness's value around OJ's own statements to her — party admissions — as the proper hearsay workaround, and Darden accepted the guidance.

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 utterances

Criminal Trial

Department 103