Sidebar: discovery

📄 Sidebar: discovery — Tuesday, February 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\7\SIDEBAR-DISCOVERY.DOC

TRIAL

▲ Day 14 of 167

◀ Witness excusal and swearing in Direct examination of Stewart Tanner ▶

Date: Tuesday, February 7, 1995 • Utterances: 26

Just before Stewart Tanner's testimony began, Robert Shapiro flagged a discovery issue: Marcia Clark had disclosed new information to the defense the night before, revealing that Tanner had told her for the first time that he lived near Nicole in Monarch Bay and had a confrontation with OJ Simpson about a month and a half before the murders. Judge Ito resolved the dispute by limiting Tanner's testimony that day to the Mezzaluna restaurant aspect only, giving the defense time to re-interview him before any testimony about Simpson's angry reaction could be explored.

# 1 THE CLERK:

PLEASE HAVE A SEAT IN THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.

# 2 THE WITNESS:

MY NAME IS STEWART TANNER, S-T-E-W-A-R-T --

# 3 MR. SHAPIRO:

YOUR HONOR, MAY WE APPROACH FOR A MOMENT ON A DISCOVERY ISSUE?

# 4 THE COURT:

SURE, WITH THE REPORTER, PLEASE.

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

# 6 THE COURT:

WE ARE AT THE SIDEBAR OUT OF THE PRESENCE. MR. SHAPIRO, YOU HAD A QUESTION?

# 7 MR. SHAPIRO:

YES. YOUR HONOR, IT'S MY UNDERSTANDING THAT MISS CLARK HAS JUST TURNED OVER TO MR. COCHRAN SOME NEW DISCOVERY REGARDING MR. TANNER --

# 8 THE COURT:

UH-HUH.

# 9 MR. SHAPIRO:

-- ABOUT A STATEMENT THAT SHE JUST FOUND OUT ABOUT RECENTLY.

# 10 MS. CLARK:

LAST NIGHT.

# 11 MR. COCHRAN:

I GUESS WE SHOULD TALK ABOUT THIS. MISS CLARK APPROACHED ME AND SAID, "YOU ARE NOT GOING TO BELIEVE THIS." I SAID, "I'M NOT." AND IT'S SOME DISCOVERY THAT THEY FOUND OUT LAST NIGHT. SO I SAID WE'D BETTER APPROACH THE BENCH ON THIS. I THINK SHE'D BETTER MAKE HER RECORD SO WE CAN OBJECT.

# 12 MS. CLARK:

I JUST -- I SPOKE TO STEWART TANNER LAST NIGHT. HE TOLD ME LAST NIGHT FOR THE FIRST TIME THAT HE IN FACT HAD LIVED DOWN THE STREET FROM NICOLE IN MONARCH BAY. HE DIDN'T KNOW HER, HE KNEW OF HER; AND THAT A MONTH AND A HALF BEFORE THE MURDERS, HE SAW THE DEFENDANT IN THE RESTAURANT WITH TWO OTHER MEN AND HE ASKED HIM, HE ASKED THE DEFENDANT, "HEY, WHAT HAPPENED TO THAT BLONDE YOU USED TO DATE, THE BLOND FROM MONARCH BAY," AND THE DEFENDANT IN AN ANGRY TONE OF VOICE SAID, "YOU MEAN MY EX-WIFE?"

# 13 MR. COCHRAN:

NOW, JUDGE, THEY CAN'T GO INTO THAT IT SEEMS TO ME. WE DON'T HAVE ANY REPORT OF THAT. TANNER JUST TELLS HER THIS LAST NIGHT. THEY HAVE TO INTERVIEW THEIR WITNESSES. THEY CAN'T SURPRISE US WITH THAT KIND OF STUFF THE EVE OF HIS TESTIMONY.

# 14 THE COURT:

WHAT IS HIS -- MISS CLARK, WHAT'S THE RELEVANCE AT THIS POINT?

# 15 MS. CLARK:

HE'S IN THE RESTAURANT THAT NIGHT AND HE SEES RON GOLDMAN THERE. HE'S THE BARTENDER. I MEAN --

# 16 THE COURT:

WHY DON'T WE DO THIS? WHY DON'T WE ALLOW THE PROSECUTION TO GO THROUGH THE MEZZALUNA ASPECT, I'LL GIVE YOU THE OPPORTUNITY TO TALK TO -- REINTERVIEW HIM WHEN WE CONCLUDE TODAY, AND IF YOU FEEL YOU NEED MORE TIME TO GO INTO THAT, YOU CAN. THEY CAN CALL HIM LATER AS TO THAT ASPECT.

# 17 MR. SHAPIRO:

THANK YOU, JUDGE.

# 18 THE COURT:

BUT LET'S --

# 19 MS. CLARK:

HOW ABOUT THE FACT HE KNEW HER FROM MONARCH BAY?

# 20 MR. COCHRAN:

SAME THING.

# 21 MS. CLARK:

IS THAT A BIG DEAL?

# 22 MR. COCHRAN:

WE DIDN'T KNOW ABOUT THAT.

# 23 MR. SHAPIRO:

YES, IT IS.

# 24 MR. COCHRAN:

WE NEED TO CHECK THIS OUT.

# 25 THE COURT:

LET'S JUST DO THE MEZZALUNA PART OF IT TODAY. ALL RIGHT. THANK YOU.

# 26 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

Temperature

tense

Key Quotes (3)

Marcia Clark

A MONTH AND A HALF BEFORE THE MURDERS, HE SAW THE DEFENDANT IN THE RESTAURANT WITH TWO OTHER MEN AND HE ASKED HIM, HE ASKED THE DEFENDANT, 'HEY, WHAT HAPPENED TO THAT BLONDE YOU USED TO DATE, THE BLOND FROM MONARCH BAY,' AND THE DEFENDANT IN AN ANGRY TONE OF VOICE SAID, 'YOU MEAN MY EX-WIFE?'

Newly disclosed statement suggesting Simpson displayed anger and possessiveness toward Nicole roughly six weeks before the murders.

Johnnie Cochran

MISS CLARK APPROACHED ME AND SAID, 'YOU ARE NOT GOING TO BELIEVE THIS.' I SAID, 'I'M NOT.'

Cochran's wry recounting signals how surprising even the prosecution found this late disclosure.

Johnnie Cochran

THEY HAVE TO INTERVIEW THEIR WITNESSES. THEY CAN'T SURPRISE US WITH THAT KIND OF STUFF THE EVE OF HIS TESTIMONY.

Core discovery objection — prosecution failed to elicit and disclose material information before the night before testimony.

Evidence (1)

Informal

Tanner's newly disclosed statement about living in Monarch Bay near Nicole and witnessing Simpson's angry 'You mean my ex-wife?' response approximately six weeks before the murders

disclosed by prosecution the night before testimony; defense objected; court limited its use pending re-interview

Notable Exchanges (2)

Marcia Clark•Johnnie Cochran•Robert Shapiro

Clark disclosed the late-night statement; Cochran objected on discovery grounds; Shapiro backed Cochran; Ito split the baby by limiting testimony to Mezzaluna only and giving defense time to re-interview Tanner.

strategic

Marcia Clark•Johnnie Cochran

Clark asked whether the Monarch Bay connection alone was 'a big deal'; Cochran and Shapiro both firmly said yes — they hadn't known about it and needed to investigate.

tense

Light Moments (1)

Johnnie Cochran

Cochran recounted Clark approaching him and saying 'You are not going to believe this' — and him dryly replying 'I'm not.'

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 4656 • 26 utterances

Criminal Trial

Department 103