Sidebar: redirect examination

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

Address:

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

TRIAL

▲ Day 13 of 167

◀ Redirect examination of Denise Brown (part 1) Redirect examination of Denise Brown (part 2) ▶

Date: Monday, February 6, 1995 • Utterances: 11

During a sidebar, Judge Ito challenged Christopher Darden about a redirect examination question he asked that the judge found irrelevant and speculative. Darden defended the question by noting Cochran had mentioned Dr. Fischman in opening statements, but Shapiro launched a sharp personal attack on Darden's professionalism. The objection was sustained and the jury was to be admonished.

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

# 2 THE COURT:

ALL RIGHT. ON THE RECORD AT SIDE BAR. WHAT DID THAT HAVE TO DO WITH ANYTHING? I THOUGHT WE WERE LOOKING AT IT --

# 3 MR. DARDEN:

SINCE I SAW HIM AND SINCE MR. SHAPIRO MENTIONED HIM AND I ASSUME HE IS GOING TO BE APPEARING HERE AT SOME POINT, I THOUGHT IT WAS RELEVANT.

# 4 THE COURT:

ISN'T THAT APPROPRIATE FOR CROSS-EXAMINATION OF MR. FISCHMAN, NOT WITH THIS WITNESS?

# 5 MR. DARDEN:

I AGREE IT MIGHT BE MORE APPROPRIATE FOR CROSS-EXAMINATION.

# 6 THE COURT:

IT APPEARS TO ME TO BE IRRELEVANT.

# 7 MR. COCHRAN:

WE WOULD ASK TO HAVE IT STRICKEN AND HAVE THE JURY ADMONISHED TO DISREGARD THAT INAPPROPRIATE COMMENT, YOUR HONOR.

# 8 MR. SHAPIRO:

I WOULD ASK FOR SOMETHING MORE STRINGENT, YOUR HONOR. YOU KNOW, I HAVE TRIED TO BE VERY PATIENT IN THESE PROCEEDINGS, BUT WHAT I AM SEEING IS EITHER A LAWYER WHO HAS ABSOLUTELY NO IDEA HOW TO PRESENT A CASE, WHICH I DO NOT BELIEVE IS THE CASE OF MR. DARDEN, OR A LAWYER WHO IS DELIBERATELY THUMBING HIS NOSE AT YOUR HONOR AND THIS JURY, AND ASKING THINGS NOW WHICH HE KNOWS SHOULD NOT BE ASKED AND IN SHOWING A PICTURE EARLIER. AND IT IS A COMMON CONDUCT THAT HAS NOW BEEN REPEATED, AND I THINK AN ADMONITION TO THE JURY REGARDING THIS TYPE OF UNPROFESSIONAL CONDUCT IS IN ORDER.

# 9 MR. DARDEN:

WELL, YOU KNOW, I DON'T THINK THERE IS ANYTHING UNPROFESSIONAL ABOUT IT AT ALL. MR. COCHRAN MENTION DR. FISCHMAN IN HIS OPENING STATEMENT. YOU POINTED HIM OUT. PRESUMABLY HE IS COMING HERE TO TESTIFY AND --

# 10 THE COURT:

BUT IT IS A QUESTION THAT CALLS FOR SPECULATION, COUNSEL, AND JUST TO GRATUITOUSLY THROW THAT IN ON REDIRECT I THINK IS NOT APPROPRIATE. THE OBJECTION IS SUSTAINED.

KEY QUOTE

# 11 MR. SHAPIRO:

THANK YOU.

Temperature

tense

Key Quotes (3)

Robert Shapiro

WHAT I AM SEEING IS EITHER A LAWYER WHO HAS ABSOLUTELY NO IDEA HOW TO PRESENT A CASE, WHICH I DO NOT BELIEVE IS THE CASE OF MR. DARDEN, OR A LAWYER WHO IS DELIBERATELY THUMBING HIS NOSE AT YOUR HONOR AND THIS JURY

Shapiro's backhanded accusation — framed as either incompetence or intentional misconduct — was a pointed personal attack on Darden's ethics and judgment

Lance A. Ito

BUT IT IS A QUESTION THAT CALLS FOR SPECULATION, COUNSEL, AND JUST TO GRATUITOUSLY THROW THAT IN ON REDIRECT I THINK IS NOT APPROPRIATE. THE OBJECTION IS SUSTAINED.

The judge's ruling and use of the word 'gratuitously' signals genuine irritation with Darden's approach

Christopher Darden

MR. COCHRAN MENTION DR. FISCHMAN IN HIS OPENING STATEMENT. YOU POINTED HIM OUT. PRESUMABLY HE IS COMING HERE TO TESTIFY

Darden's defense — that the defense opened the door by mentioning Fischman — is substantively reasonable but not persuasive to the judge

Notable Exchanges (2)

Robert Shapiro•Christopher Darden

Shapiro delivered a formal rebuke of Darden, accusing him of either incompetence or deliberate misconduct, and calling for a jury admonition for 'unprofessional conduct' — going well beyond Cochran's simpler request to strike the comment

hostile

Lance A. Ito•Christopher Darden

Judge questioned Darden about why his redirect question was relevant and suggested it was more appropriate for cross-examination of Fischman; Darden conceded the point but was overruled

corrective

Credibility Attacks (1)

⚔ Christopher Darden

professional misconduct accusation

Shapiro accused Darden of deliberately violating courtroom rules and asked for a jury admonition characterizing his conduct as unprofessional and a pattern of behavior

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4684 • 11 utterances

Criminal Trial

Department 103