Sidebar: examination scope

📄 Sidebar: examination scope — Monday, February 6, 1995

Address:

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

TRIAL

▲ Day 13 of 167

◀ Direct examination of Denise Brown (morning, part 2) Direct examination of Denise Brown (morning, part 3) ▶

Date: Monday, February 6, 1995 • Utterances: 24

Judge Ito pulls the prosecution to sidebar to warn Darden that he is exceeding the scope of the court's 1101(b) ruling on prior bad acts. Darden had been asking a witness about repeated phone calls from OJ, which Ito ruled was not among the specific incidents he had approved for admission. Shapiro seized on the moment to accuse Darden of either being 'cavalier' or unprepared.

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

# 2 THE COURT:

WE ARE OVER AT THE SIDE BAR. MR. DARDEN, LET ME EXPRESS TO YOU MY CONCERN. I HAVE GIVEN YOU AN 1101(B) RULING, A WIDE RANGE OF SPECIFIC INCIDENTS THAT YOU CAN GO INTO THAT COVER A WIDE RANGE OF DIFFERENT TYPES OF BEHAVIOR, AND I SEE AN INSISTENCE OF GOING FAR BEYOND WHAT I HAVE ALLUDED IN MY 1101(B) RULINGS ON. THIS BUSINESS ABOUT ASKING HER ABOUT PHONE CALLS, I ASSUME SHE IS GOING TO SAY THAT HE WOULD CALL 23 OR 24 TIMES EVERY TWENTY MINUTES AND TRYING TO CHECK UP ON HER AND ALL OF THAT. WELL, THAT IS NOT REALLY RELEVANT TO ANY OF THE PARTICULAR INCIDENTS THAT I RULED ARE ADMISSIBLE AND WILL BE INTERESTING IN THE PEOPLE'S REBUTTAL CASE IF LENORE WALKER COMES IN AND SAYS THAT THAT IS CONDUCT -- STALKING CONDUCT OR SOMETHING OR CONTROL CONDUCT. THAT WILL BE INTERESTING REBUTTAL, BUT IN THE PEOPLE'S CASE IN CHIEF I THINK YOU ARE GOING WAY BEYOND THE BOUND OF WHAT I HAVE ALLOWED.

# 3 MR. DARDEN:

CAN I HAVE ONE MOMENT?

# 4 THE COURT:

SURE.

# 5 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 6 MR. SHAPIRO:

OFF THE RECORD ON SOMETHING?

# 7 THE COURT:

YES.

# 8 (DISCUSSION HELD OFF THE RECORD.)

# 9 MR. DARDEN:

I'M SORRY, CAN WE HAVE A MOMENT TO CONFER?

# 10 THE COURT:

SURE, SURE.

# 11 MR. DARDEN:

YOU ARE TALKING ON THE RECORD?

# 12 THE COURT:

NO.

# 13 MR. DARDEN:

I CERTAINLY DON'T WANT TO DO ANYTHING THAT IS GOING TO CAUSE THE COURT TO ADMONISH THE JURY AGAIN, BUT YOU KNOW, THE FACT THAT THE DEFENDANT CALLED -- CALLED REPEATEDLY WHENEVER SHE WENT TO VICTORIA BEACH ALONE IS A FACT THAT WAS MENTIONED IN OUR BRIEF AND WHICH WASN'T EXCLUDED SPECIFICALLY.

# 14 THE COURT:

I KNOW. I RULED THAT YOU GET TO BRING IN CERTAIN VERY SPECIFIC INCIDENTS AND THAT IS ALL YOU GET TO BRING IN AT THIS POINT.

# 15 MR. DARDEN:

CAN I HAVE A MOMENT TO GET MY -- MY NOTES IN ON THE COURT'S RULING? BECAUSE, YOU KNOW, MAYBE -- MAYBE I SHOULD TAKE A LOOK AT IT SO THAT I DON'T RUN INTO THIS PROBLEM. MAYBE --

# 16 MR. SHAPIRO:

YOUR HONOR, I WOULD OBJECT TO THAT. I MEAN, THE COURT'S RULING IS THE COURT'S RULING.

# 17 MR. DARDEN:

I WILL KEEP ASKING QUESTIONS AND YOU KEEP OBJECTING.

KEY QUOTE

# 18 MR. SHAPIRO:

YOUR HONOR, YOU KNOW, THAT IS EXACTLY WHY WE HAVE TO KEEP APPROACHING THE BENCH, BECAUSE EITHER MR. DARDEN IS BEING CAVALIER AND JUST TRYING TO ACT IN SOME ARROGANT MANNER TOWARDS YOUR HONOR, OR THAT HE HAS NOT TALKED TO THE WITNESS, AND DOES NOT KNOW WHAT THIS WITNESS IS GOING TO SAY; EITHER IS INAPPROPRIATE.

# 19 THE COURT:

WELL, I THINK WE ARE PAST PUSHING THE ENVELOPE. WE HAVE GOTTEN PAST HERE. ALL RIGHT. I RULED AS TO CERTAIN SPECIFIC INCIDENTS THAT CAN BE BROUGHT IN. THIS IS NOT ONE OF THEM. ALL RIGHT.

KEY QUOTE

# 20 MR. DARDEN:

BUT YOU --

# 21 THE COURT:

ALL RIGHT. LET'S GO.

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

# 23 MR. SHAPIRO:

YOUR HONOR, OFF THE RECORD?

# 24 (DISCUSSION HELD OFF THE RECORD.)

Temperature

tense

Key Quotes (4)

Lance A. Ito

I THINK WE ARE PAST PUSHING THE ENVELOPE. WE HAVE GOTTEN PAST HERE.

Ito signals he has lost patience with Darden repeatedly exceeding the 1101(b) ruling — a firm rebuke mid-trial.

Robert Shapiro

EITHER MR. DARDEN IS BEING CAVALIER AND JUST TRYING TO ACT IN SOME ARROGANT MANNER TOWARDS YOUR HONOR, OR THAT HE HAS NOT TALKED TO THE WITNESS, AND DOES NOT KNOW WHAT THIS WITNESS IS GOING TO SAY; EITHER IS INAPPROPRIATE.

Shapiro publicly attacks Darden's competence and preparation directly to the judge, a pointed personal accusation beyond a typical objection.

Christopher Darden

I WILL KEEP ASKING QUESTIONS AND YOU KEEP OBJECTING.

Darden snaps at Shapiro in open sidebar, revealing friction and suggesting he intended to test the ruling's limits through objections rather than comply.

Lance A. Ito

THIS BUSINESS ABOUT ASKING HER ABOUT PHONE CALLS... THAT IS NOT REALLY RELEVANT TO ANY OF THE PARTICULAR INCIDENTS THAT I RULED ARE ADMISSIBLE.

Identifies the precise conduct at issue — OJ's pattern of repeated calls to check on the witness — and rules it outside the approved 1101(b) incidents.

Evidence (1)

Informal

OJ Simpson's pattern of repeated phone calls — allegedly 23-24 calls every 20 minutes — to monitor the witness when she went to Victoria Beach alone

discussed, ruled inadmissible under existing 1101(b) order

Notable Exchanges (2)

Robert Shapiro•Christopher Darden

Shapiro accuses Darden of being either arrogant or unprepared; Darden retorts that he will keep asking and Shapiro can keep objecting.

heated

Lance A. Ito•Christopher Darden

Darden asks to pause and review the court's 1101(b) ruling notes mid-examination; Ito effectively denies it and orders the examination to continue within the ruling.

tense

Credibility Attacks (1)

⚔ Christopher Darden

professional competence attack

Shapiro argues to Ito that Darden is either deliberately flouting the court's ruling or failed to prepare by interviewing the witness before examination — framing both as disqualifying.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4645 • 24 utterances

Criminal Trial

Department 103