📄 Sidebar: testimony scope — Monday, February 6, 1995
Address:
C:\DEPT103\CRIMINAL\1995\FEB\6\SIDEBAR-TESTIMONY-SCOPE.DOC
TRIAL
▲ Day 13 of 167

Sidebar: testimony scope

Date: Monday, February 6, 1995 • Utterances: 15
Defense attorneys Shapiro and Cochran argued at sidebar that they should be allowed to ask a witness about who she dated, claiming the prosecution was painting OJ as a violent, unpredictable man. Judge Ito rejected the dating line of questioning as not relevant but permitted questions about the witness being in OJ's presence on other occasions. Darden asked the court to caution Shapiro against attacking the witness's reputation.
1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)
2 THE COURT:

WE ARE AT THE SIDEBAR. WHAT IS THE RELEVANCE OF WHO SHE DATED?

3 MR. SHAPIRO:

YOUR HONOR, WHAT I WANT TO SHOW IS THAT THE PEOPLE HAVE TRIED TO PAINT A PICTURE OF O.J. AS BEING THIS HORRIBLE HUMAN BEING WHO SHE WOULD NEVER BE AROUND AS A VIOLENT, UNPREDICTABLE MAN.

KEY QUOTE
4 THE COURT:

THAT'S NOT WHAT SHE SAID SO FAR.

5 MR. SHAPIRO:

SHE HASN'T SAID THAT, BUT THAT'S THE IMPLICATION.

6 THE COURT:

NO. SHE SAID SHE SPENT A LOT OF TIME PARTYING WITH HIM, THAT THEY WERE AS A FAMILY AND TRAVELED TOGETHER, VACATIONED TOGETHER. THAT'S NOT THE IMPLICATION I PRESUME.

7 MR. COCHRAN:

THAT WAS ABOUT TWO MINUTES OF HER TESTIMONY, YOUR HONOR. THE REST OF IT WAS NOT THAT.

8 MR. SHAPIRO:

THE REST OF IT IS VIOLENT.

9 THE COURT:

WHAT DOES WHO SHE DATED --

10 MR. SHAPIRO:

THEY WANT TO SAY THEY WERE TOGETHER WITH NICOLE AND O.J. WITH JUST ABOUT EVERY ONE OF O.J.'S FRIENDS AND THAT THERE WAS NEVER ANY INCIDENTS WHEN THERE'S WITNESSES PRESENT.

11 THE COURT:

ALL RIGHT. WHO SOMEBODY DATES IS NOT REAL RELEVANT TO THIS. YOU CAN ASK ABOUT BEING IN THE PRESENCE OF THE DEFENDANT ON OTHER OCCASIONS, THAT SORT OF THING, BUT --

KEY QUOTE
12 MR. SHAPIRO:

THANK YOU.

13 THE COURT:

-- NOT WHO SHE DATES.

14 MR. DARDEN:

MY ONLY CONCERN IS THAT THEY TRY NOT TO COMPLETELY TARNISH THE REPUTATION OF THIS WITNESS, AND THAT'S WHAT I THINK THEY WANT TO DO AND I WOULD ASK THE COURT TO CAUTION MR. SHAPIRO.

KEY QUOTE
15 THE COURT:

SO FAR, IT'S BEEN PRETTY MILD.

KEY QUOTE

Temperature

procedural

Key Quotes (4)

Robert Shapiro
WHAT I WANT TO SHOW IS THAT THE PEOPLE HAVE TRIED TO PAINT A PICTURE OF O.J. AS BEING THIS HORRIBLE HUMAN BEING WHO SHE WOULD NEVER BE AROUND AS A VIOLENT, UNPREDICTABLE MAN.
Reveals the defense theory: that witness testimony about social time with OJ undercuts the prosecution's portrait of him as dangerous.
Lance A. Ito
ALL RIGHT. WHO SOMEBODY DATES IS NOT REAL RELEVANT TO THIS. YOU CAN ASK ABOUT BEING IN THE PRESENCE OF THE DEFENDANT ON OTHER OCCASIONS, THAT SORT OF THING, BUT -- NOT WHO SHE DATES.
The ruling — narrows permissible cross-examination scope while giving defense a partial win on proximity evidence.
Christopher Darden
MY ONLY CONCERN IS THAT THEY TRY NOT TO COMPLETELY TARNISH THE REPUTATION OF THIS WITNESS, AND THAT'S WHAT I THINK THEY WANT TO DO AND I WOULD ASK THE COURT TO CAUTION MR. SHAPIRO.
Prosecution flags the defense's apparent witness-reputation strategy; Ito's mild response suggests he's not alarmed.
Lance A. Ito
SO FAR, IT'S BEEN PRETTY MILD.
Ito declines to caution Shapiro, signaling he sees the cross as within bounds so far.

Notable Exchanges (2)

Robert ShapiroLance A. Ito
Shapiro argues the prosecution's narrative implies OJ was so violent no witness would have socialized with him, justifying the dating question. Ito pushes back, noting the witness's testimony so far described friendly, familial social time — not the implication Shapiro claims.
strategic
Christopher DardenLance A. Ito
Darden asks the court to caution Shapiro against reputation-tarnishing cross-examination. Ito dismisses the concern, saying the cross has been 'pretty mild' so far.
procedural

Light Moments (1)

Lance A. Ito
Ito's dry 'SO FAR, IT'S BEEN PRETTY MILD' — a low-key rebuff of Darden's concern that lands as understated dismissal.

Credibility Attacks (1)

⚔ unnamed witness
character/reputation
Defense sought to explore who the witness dated, apparently to suggest she willingly associated with OJ despite the violence narrative — stopped by Ito before it could develop.

Objections

None recorded
Proceeding 4679 • 15 utterances
Criminal Trial
Department 103
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📂 FEB 6, 1995 📄 Sidebar: testimony scope
FEB 6, 1995 KRT DvH TD