A bench conference addresses the proposed scope of Candace Garvey's testimony before she is called. Darden raises possible subjects beyond the recital, including a 1993 Christmas party incident involving Joseph Perulli. Judge Ito says he does not recognize the incident and cannot find it in his ruling, event list, or incident report. The proceeding then returns to open court, where Darden calls Candace Garvey; her testimony is not included in this proceeding.
# 1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:) # 2 THE COURT: BACK ON THE RECORD, UNSEALED.
# 3 MR. COCHRAN: THE NEXT WITNESS IS CINDY GARVEY?
# 4 MR. DARDEN: CANDACE GARVEY.
# 5 MR. COCHRAN: I WANT TO MAKE SURE WE HAVE IT CLEAR WHERE COUNSEL IS GOING TO GO, BECAUSE EACH TIME THEY DON'T TALK TO THEIR WITNESSES AND WE GET A LOT OF EXTRA STUFF IN, AND I WANT TO TRY TO AVOID JUST THAT. YOU SAID THAT IS PERMISSIBLE, SO MAYBE IF WE COULD HAVE AN OFFER OF PROOF.
# 6 THE COURT: WHICH INCIDENTS? SHE IS JUST FOR THE RECITAL, TOO, ISN'T SHE?
# 7 MR. COCHRAN: ONLY THE RECITAL.
# 8 MS. CLARK: THAT IS IT?
# 9 MR. DARDEN: I DON'T KNOW. I DON'T KNOW.
KEY QUOTE # 10 MR. COCHRAN: THREE DIFFERENT ANSWERS.
KEY QUOTE # 11 MR. DARDEN: THIS IS A SEARCH FOR THE TRUTH. SHE MAY, YOU KNOW, TESTIFY TO SOMETHING ELSE, JUDGE.
KEY QUOTE # 12 MR. COCHRAN: WHAT IF HE KEPT IT OUT? DOES THAT BOTHER YOU AT ALL?
# 13 THE COURT: ALL RIGHT. COME ON. COUNSEL, COUNSEL. THE OFFER OF PROOF IS THAT SHE IS GOING TO TESTIFY TO THE AFTERNOON OR THE EVENING RECITAL? WAS SHE ONE OF THE PEOPLE WHO WENT TO DINNER?
# 14 MS. CLARK: NO, SHE DIDN'T GO.
# 15 THE COURT: ALL RIGHT.
# 16 MR. DARDEN: WE ARE NOT GOING TO ASK HER ABOUT, YOU KNOW, HIM TELLING HER IN CHURCH THAT HE CHEATED ON HIS WIFE AND ALL THAT OTHER --
# 17 MR. COCHRAN: THIS IS PART OF THE RECORD. IF YOU DON'T MIND, YOUR HONOR, WOULD YOU --
# 18 (DISCUSSION HELD OFF THE RECORD BETWEEN DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.) # 19 THE COURT: WE ARE TALKING JUST THE AFTERNOON OF THE RECITAL, CORRECT?
# 20 MR. DARDEN: WELL, THERE IS AN INCIDENT -- LET ME GET THE STATEMENT BECAUSE THERE IS AN INCIDENT IN WHICH SHE SEES A BRUISE ON NICOLE.
# 22 THE COURT: BACK ON THE RECORD. AS TO CANDY GARVEY, WHAT ELSE IS SHE GOING TO TESTIFY TO? JUST THE RECITAL?
# 23 MR. DARDEN: SHE IS GOING TO TESTIFY TO THE RECITAL. ARE YOU GOING TO ALLOW US THAT HE TOLD HER IN CHURCH IN 1991 THAT HE --
# 25 MR. DARDEN: I'M SORRY, WHAT DID YOU SAY?
# 26 MR. COCHRAN: THAT IS NOT ON THE LIST.
# 27 MR. DARDEN: I HAVEN'T EVEN FINISHED THE STATEMENT YET, MR. COCHRAN.
# 29 MR. DARDEN: NEVER MIND. NEVER MIND. THERE IS AN INCIDENT IN 1993, CHRISTMAS EVE, INVOLVING JOSEPH PERULLI, WHICH YOU ALLOWED IN WHERE THEY HAD -- PERULLI SHOWED UP AT THE CHRISTMAS PARTY, HE GOT UPSET AND STORMED OUT. I BELIEVE YOU ALLOWED THAT IN.
# 30 THE COURT: NEVER HEARD OF IT.
# 31 MR. COCHRAN: NEVER HEARD OF IT. IT WASN'T BROUGHT UP IN THE DOMESTIC STUFF.
# 32 THE COURT: I DON'T HAVE IT IN MY RULING.
# 33 MR. COCHRAN: NOT IN THE RULING AND IT IS NOT IN MY INCIDENT INDEX. HOLD ON.
# 34 MS. CLARK: ARE YOU SURE, JUDGE?
# 36 THE COURT: CHRIS, HONESTLY, I DON'T RECOGNIZE THAT INCIDENT.
ALL RIGHT. COUNSEL, I HAVE GONE THROUGH MY LIST OF THE EVENTS, AND I DON'T HAVE A JOSEPH PERULLI MENTIONED. LET ME CHECK ONE MORE TIME, BUT I'M PRETTY SURE I DON'T HAVE IT HERE.
KEY QUOTE # 38 THE COURT: ALL RIGHT. MR. DARDEN, I DON'T SEE IT HERE AND IT IS NOT IN MY INCIDENT REPORT.
# 39 MR. DARDEN: DO YOU SEE THE 1993 JANUARY CHRISTMAS PARTY ANYWHERE? THAT MIGHT --
# 40 MR. COCHRAN: AND WE REALLY DIDN'T TALK ABOUT IT, CHRIS, SO --
# 41 THE COURT: HONESTLY, I DON'T HAVE THAT.
# 42 MR. COCHRAN: WE ARE NOT PREPARED ON THAT. STEVE GARVEY MIGHT BE A POTENTIAL WITNESS, BUT I WOULD LIKE TO HAVE HIM WAIT OUTSIDE.
# 43 THE COURT: SCOTT, DO YOU WANT TO TAKE CARE OF THAT.
# 45 THE COURT: OKAY. ARE YOU READY?
# 46 MR. DARDEN: PUT SOMEBODY ON, BUT THAT IS JUST FILLER.
# 48 THE COURT: ALL RIGHT. COUNSEL, ARE YOU READY? LET'S HAVE THE JURORS, PLEASE.
# 49 THE COURT: ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. BE SEATED. ALL RIGHT. THE PEOPLE MAY CALL THEIR NEXT WITNESS.
# 50 MR. DARDEN: CANDACE GARVEY, YOUR HONOR.