Sidebar (1)

📄 Sidebar (1) — Monday, February 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\6\SIDEBAR-1-.DOC

TRIAL

▲ Day 13 of 167

◀ Direct examination of Denise Brown (morning, part 3) Recess ▶

Date: Monday, February 6, 1995 • Utterances: 13

A sidebar at the bench where prosecutor Darden previews his intent to elicit testimony about OJ Simpson's pattern of calling Nicole's family to give his version of events after fights, before Nicole could call them. Shapiro raises hearsay objections and foundation concerns, and Judge Ito asks whether the calls can be tied to specific approved domestic violence incidents before taking the discussion off the record.

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

# 2 THE COURT:

WE ARE AT THE SIDE BAR. MR. DARDEN.

# 3 MR. DARDEN:

IN HER STATEMENT TO US SHE INDICATES THAT WHENEVER THERE WAS A FIGHT, WHENEVER NICOLE AND THE DEFENDANT HAD A FIGHT, HE WOULD ALWAYS CALL THE HOUSE COMPLAINING ABOUT NICOLE AND GIVING HIS ACCOUNT OF WHAT HAPPENED BEFORE SHE COULD CALL HIM. I DON'T BELIEVE THAT HAS BEEN EXCLUDED, BUT IT IS A PHONE CALL AND I WANTED TO MAKE THE COURT AND COUNSEL AWARE THAT THAT IS THE AREA I'M HEADING INTO, AND IF THERE IS AN OBJECTION --

# 4 THE COURT:

MR. SHAPIRO.

# 5 MR. SHAPIRO:

YES. THERE IS A HEARSAY OBJECTION. I BELIEVE THOSE CALLS WERE MADE TO MRS. BROWN, SENIOR, JUDITHA. I DIDN'T SAY THAT RIGHT. JUDY BROWN AND NOT TO THIS WITNESS. UNLESS MR. DARDEN CAN GIVE US AN OFFER OF PROOF IF HE HAS TALKED TO HER ABOUT THE ISSUE, NOT ABOUT WHAT IS WRITTEN, BUT IF HE HAS TALKED TO HER ABOUT THIS ISSUE -- OR IS THIS ANOTHER ISSUE THAT WE WILL JUST SEE WHAT THE ANSWER IS AFTER THE QUESTION IS ASKED?

# 6 MR. DARDEN:

YES. SHE WILL TESTIFY THAT THERE WERE OCCASIONS WHEN SHE SPOKE TO HIM PERSONALLY WHEN HE WOULD TELL HER THAT THEY HAD A FIGHT AND --

# 7 MR. SHAPIRO:

YOUR HONOR, WE WOULD ALSO HAVE TO KNOW THE FOUNDATION, WHEN THEY TOOK PLACE, ET CETERA.

# 8 THE COURT:

CAN YOU TIE --

# 9 MR. SHAPIRO:

ARE THEY WITHIN THESE INCIDENTS THAT ARE ALLOWED?

# 10 THE COURT:

CAN YOU TIE IT TO ONE OF OUR INCIDENTS, '89, '85, '84?

KEY QUOTE

# 11 MR. DARDEN:

I --

# 12 THE COURT:

LET'S GO OFF THE RECORD FOR A SECOND.

# 13 (DISCUSSION HELD OFF THE RECORD.)

Temperature

tense

Key Quotes (3)

Christopher Darden

WHENEVER NICOLE AND THE DEFENDANT HAD A FIGHT, HE WOULD ALWAYS CALL THE HOUSE COMPLAINING ABOUT NICOLE AND GIVING HIS ACCOUNT OF WHAT HAPPENED BEFORE SHE COULD CALL HIM.

Describes a pattern of OJ controlling the narrative after domestic violence incidents by getting to family members first.

Robert Shapiro

IS THIS ANOTHER ISSUE THAT WE WILL JUST SEE WHAT THE ANSWER IS AFTER THE QUESTION IS ASKED?

Shapiro pointedly calls out a prosecutorial tactic of asking questions without adequate prior disclosure, signaling ongoing friction over discovery.

Lance A. Ito

CAN YOU TIE IT TO ONE OF OUR INCIDENTS, '89, '85, '84?

Reveals that the court had pre-approved only specific domestic violence incidents for testimony, placing a gatekeeping constraint on the prosecution.

Notable Exchanges (2)

Christopher Darden•Robert Shapiro

Shapiro challenges Darden's practice of heading into new testimony areas without providing an adequate offer of proof, implying Darden was planning to ask and see what came out rather than laying proper foundation.

strategic

Lance A. Ito•Christopher Darden

Ito presses Darden to tie the phone calls to one of the court-approved domestic violence incidents (1989, 1985, 1984); Darden cannot immediately do so, prompting the judge to go off the record.

procedural

Objections

2 objections (0 sustained, 0 overruled)

Proceeding 4647 • 13 utterances

Criminal Trial

Department 103