Sidebar: 1101(B) incidents

📄 Sidebar: 1101(B) incidents — Monday, February 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\6\SIDEBAR-1101-B-INCIDENTS.DOC

TRIAL

▲ Day 13 of 167

Date: Monday, February 6, 1995 • Utterances: 42

At a sidebar, Cochran renewed his standing objection to the 1101(b) incidents and asked the judge to admonish the witness (Nicole Brown's friend/relative, likely Denise Brown) about blurting out inadmissible information, citing her attorney Gloria Allred's appearance on Good Morning America bragging about having 'primed' the witness. Darden then previewed a Bloomingdale's receipt for glove purchases on Nicole's credit card, which the defense ultimately agreed to stipulate was signed by Nicole Brown.

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

# 2 THE COURT:

ALL RIGHT. WE ARE OVER AT THE SIDE BAR. MR. COCHRAN.

# 3 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR. AGAIN I WANTED TO AGAIN FOR THE RECORD RENEW MY OBJECTION TO EACH OF THE INCIDENTS THAT -- THESE 1101(B) INCIDENTS THAT COUNSEL IS GOING INTO BECAUSE WE DON'T HAVE A STIPULATION, SO I WILL CONTINUE TO DO THAT AND I WANTED TO DO THAT WHENEVER I GET AN OPPORTUNITY. LASTLY, I WISH THE COURT, BEFORE THE JURY COMES OUT, WOULD ADMONISH THIS WITNESS. ON GOOD MORNING AMERICA TODAY, GLORIA ALLRED IS TALKING ABOUT HOW SHE IS PRIMED TO DO ALL THESE THINGS, AND CLEARLY SHE IS PRIMED, AND I DON'T THINK IT SERVES HER CLIENT TO TALK ABOUT HOW SHE PRIMED HER THIS WEEKEND BECAUSE THAT IS EXACTLY WHAT WE ALREADY KNOW. AND I WOULD ASK THE COURT TO ADMONISH THIS WITNESS REGARDING BLURTING THINGS OUT AND TRYING TO GET IN STUFF THAT THEY KNOW IS INADMISSIBLE BY VIRTUE OF SOME QUESTION HE SAYS OR SOME CROSS-EXAMINATION, AND I THINK THAT IT IS CLEAR THAT IS WHAT THEY WANT TO DO AND I DIDN'T WANT TO SAY THIS OUT THERE, BUT I WANTED TO AT LEAST ASK THE COURT TO TAKE THE BULL BY THE HORNS AND DO THAT EARLY ON, CONSIDER DOING IT.

# 4 THE COURT:

ALL RIGHT. MR. DARDEN, ANY RESPONSE TO THAT?

# 5 MR. DARDEN:

DO I HAVE TO? IS THERE A NEED FOR A RESPONSE TO THAT?

# 6 MR. COCHRAN:

YES.

# 7 MR. DARDEN:

I ASKED MY QUESTIONS, AS INARTFUL AS THEY MIGHT BE, AND --

# 8 MR. COCHRAN:

THAT IS WHAT YOUR OWN SIDE SAID.

# 9 MR. DARDEN:

YES. MISS CLARK SOLD ME OUT THAT DAY. IT WAS A FINE PIECE OF LAWYERING, YET MY OWN COLLEAGUE SOLD ME OUT, BUT I HAVE SPOKEN TO MISS BROWN, AND WE WILL TRY TO CONTAIN THINGS. BUT IF I MIGHT, THOUGH, I WOULD LIKE TO REMIND COUNSEL AND THE COURT THAT WHEN WE CAME TO SIDE BAR AT TEN MINUTES TO 2:00 ON FRIDAY --

KEY QUOTE

# 10 MR. COCHRAN:

TEN MINUTES TO 3:00.

# 11 MR. DARDEN:

TEN MINUTES OF 3:00, ALL RIGHT. I LOOKED OVER AND ASSESSED HER DEMEANOR AND I ADVISED THE COURT AND COUNSEL THAT SHE WASN'T GOING TO GO MAKE IT AND SHE WAS BECOMING EXTREMELY EMOTIONAL, BUT PERHAPS WE SHOULD ADJOURN THEN, BUT NO, NOBODY WANTED TO DO THAT.

# 12 MR. COCHRAN:

THE COURT SAYS TIMING IS EVERYTHING.

# 13 MR. DARDEN:

BUT IN ANY EVENT, I'M SURE SHE SHOULD BE A LITTLE BETTER TODAY.

# 14 THE COURT:

ALL RIGHT. I DID CAUTION HER THE LAST TIME WE WERE HERE TO LISTEN CAREFULLY TO THE QUESTION AND ANSWER ONLY PRECISELY THE QUESTION THAT WAS BEING ASKED, NOT TO VOLUNTEER ANYTHING. I HAVE ALREADY DONE THAT.

# 15 MR. COCHRAN:

THIS IS ANOTHER DAY.

# 16 THE COURT:

IF I NOTE ANYTHING GOING AMUCK, I WILL STEP IN IMMEDIATELY.

# 17 MR. DARDEN:

OKAY.

# 18 THE COURT:

ALL RIGHT.

# 19 MR. DARDEN:

FOR THE RECORD, I'M SHOWING COUNSEL A BLOOMINGDALES RECEIPT AND IT RELATES TO THE PURCHASE OF GLOVES AND I'M GOING TO ASK MISS BROWN IF SHE RECOGNIZES THE SIGNATURE ON THE RECEIPT.

# 20 MR. SHAPIRO:

HOLD ON ONE SECOND.

# 21 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 22 MR. COCHRAN:

WHAT IS -- CAN YOU GIVE US AN OFFER OF PROOF? WHAT THIS --

# 23 MR. DARDEN:

I'M GOING TO TIE IT UP LATER.

# 24 MR. COCHRAN:

CAN WE HAVE AN OFFER OF PROOF OF WHAT THIS IS ABOUT? IT SEEMS TO ME, BEFORE WE STIPULATE TO ANYTHING --

# 25 MR. DARDEN:

WE DON'T WANT A STIPULATION. WE DON'T WANT A STIPULATION ON THIS. WE WANT TO SHOW IT TO THE JURY IN DRAMATIC FASHION.

# 26 MR. COCHRAN:

YOU GUYS THINK THIS IS --

# 27 THE COURT:

ALL RIGHT. ENOUGH.

# 28 MR. DARDEN:

OKAY.

# 29 THE COURT:

WOULD YOU ANSWER.

# 30 MR. DARDEN:

SALES RECEIPT FOR THE PURCHASE OF GLOVES AT BLOOMINGDALES.

# 31 MR. SHAPIRO:

HOLD ON ONE SECOND.

# 32 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 33 MR. DARDEN:

IT IS ON NICOLE'S CREDIT CARD ACCOUNT.

# 34 MR. COCHRAN:

ASK HER IF SHE RECOGNIZES THE SIGNATURE?

# 35 MR. DARDEN:

THAT IS ALL.

# 36 MR. COCHRAN:

DO WHATEVER YOU FEEL YOU HAVE TO DO.

# 37 MR. DARDEN:

SOMEONE IN BLOOMINGDALES WILL BE IN LATER TO AUTHENTICATE THE RECEIPT.

# 38 THE COURT:

BLOOMINGBIRDS.

# 39 MR. DARDEN:

AND INDICATE WHAT THE PURCHASE WAS. I JUST WANT TO SHOW IT TO HER TO HAVE HER I.D. THE SIGNATURE, AND NOTHING MORE.

# 40 MR. SHAPIRO:

YOUR HONOR, RATHER THAN HAVING SOMEBODY WHO IS NOT AN EXPERT IN HANDWRITING AND HAVE TO GO THROUGH QUALIFICATIONS, WE WOULD STIPULATE THAT THIS IS THE SIGNATURE OF NICOLE BROWN.

# 41 MR. DARDEN:

WE WOULDN'T HAVE TO CALL AN EXPERT OR ANYTHING LIKE THAT, BUT WE APPRECIATE COUNSEL'S OFFER TO STIPULATE.

# 42 THE COURT:

ALL RIGHT. LET'S START. THANK YOU.

Temperature

tense

Key Quotes (4)

Christopher Darden

WE DON'T WANT A STIPULATION ON THIS. WE WANT TO SHOW IT TO THE JURY IN DRAMATIC FASHION.

Rare candid admission by a prosecutor that the goal is theatrics over efficiency — reveals how consciously both sides were playing to the jury.

Christopher Darden

YES. MISS CLARK SOLD ME OUT THAT DAY. IT WAS A FINE PIECE OF LAWYERING, YET MY OWN COLLEAGUE SOLD ME OUT.

Darden openly admits Marcia Clark publicly criticized his handling of the witness examination, exposing prosecution internal tensions.

Johnnie Cochran

GLORIA ALLRED IS TALKING ABOUT HOW SHE IS PRIMED TO DO ALL THESE THINGS, AND CLEARLY SHE IS PRIMED.

Cochran alleges witness coaching based on a TV appearance, laying groundwork to discredit forthcoming emotional testimony.

Lance A. Ito

BLOOMINGBIRDS.

Ito's apparent slip or joke on 'Bloomingdale's' — a rare light moment from the bench.

Evidence (1)

Informal

Bloomingdale's sales receipt for purchase of gloves on Nicole Brown's credit card account, bearing her signature

previewed at sidebar; defense stipulated to authenticity of Nicole's signature

Notable Exchanges (3)

Christopher Darden•Johnnie Cochran

Cochran asked for an offer of proof on the Bloomingdale's receipt before any stipulation; Darden refused and said he wanted to present it to the jury 'in dramatic fashion,' prompting Cochran to accuse the prosecution of treating the trial like a show.

strategic

Christopher Darden•Johnnie Cochran

Darden admitted Marcia Clark publicly undermined him over his handling of the witness's emotional state on Friday, with Cochran piling on. Darden noted he had warned everyone the witness was becoming too emotional and suggested adjourning, but was overruled.

heated

Robert Shapiro•Christopher Darden

Shapiro offered to stipulate that the signature on the Bloomingdale's receipt was Nicole Brown's, avoiding the need for a handwriting expert. Darden accepted while still planning to call a Bloomingdale's authenticating witness for the underlying purchase.

procedural

Light Moments (2)

Lance A. Ito

Judge Ito referred to 'Bloomingdale's' as 'Bloomingbirds,' either a slip of the tongue or a dry joke.

Christopher Darden

Darden responded to the judge asking if he needed to respond to Cochran's complaints with 'DO I HAVE TO? IS THERE A NEED FOR A RESPONSE TO THAT?' — exasperated deadpan.

Credibility Attacks (1)

⚔ Denise Brown (witness, unnamed but implied)

witness coaching allegation

Cochran argued the witness had been 'primed' by her attorney Gloria Allred, citing Allred's appearance on Good Morning America, and asked the judge to admonish the witness before she took the stand again.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 4639 • 42 utterances

Criminal Trial

Department 103