Sidebar: prior statements

📄 Sidebar: prior statements — Tuesday, February 7, 1995

Address:

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

TRIAL

▲ Day 14 of 167

◀ Redirect examination of Pablo Fenjves (part 1) Redirect examination of Pablo Fenjves (part 2) ▶

Date: Tuesday, February 7, 1995 • Utterances: 22

A sidebar during the civil trial where Marcia Clark argues she needs to rehabilitate a witness with prior consistent statements after Cochran highlighted apparent discrepancies in police reports. The sidebar ends with Cochran raising a separate objection about a pin or piece of jewelry worn by a witness, claiming it violates the judge's earlier order against badges and buttons.

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

# 2 THE COURT:

WE ARE AT SIDEBAR. HOW MANY TIMES DOES THE GUY HAVE TO SAY, "I TALKED TO THE POLICE. WE STEPPED OUT ON THE BALCONY, THAT'S HOW THEY MADE THE MISTAKE?" HOW MANY TIMES DO WE HAVE TO SAY THIS?

# 3 MS. CLARK:

BUT, YOUR HONOR, I'M NOT THE ONE -- EXCUSE ME, COUNSEL. CAN I BE HEARD, PLEASE?

# 4 MR. COCHRAN:

PLEASE. YES, YOU MAY.

# 5 MS. CLARK:

MR. COCHRAN WENT ON FOR SOME LENGTH ABOUT SOME APPARENT DISCREPANCY IN THE POLICE REPORT. I HAVE NOT HAD A CHANCE TO QUESTION THIS WITNESS ABOUT IT AT ALL. IN FACT, PRIOR CONSISTENT STATEMENTS OF THIS WITNESS INDICATING EXPLANATIONS WERE GIVEN TO EVERYTHING THAT COUNSEL RAISED AND GIVEN BACK IN JULY. COUNSEL IS GOING INTO THESE THINGS WITHOUT RANGE AS THOUGH THEY HAD NO IDEA THEY WERE EVER CORRECTED, AND THAT'S NOT FAIR TO LEAVE THE JURY WITH THAT IMPRESSION OF THIS WITNESS OR THEIR TESTIMONY. IT'S JUST NOT FAIR. I THINK IT'S VERY IMPORTANT.

# 6 THE COURT:

MISS CLARK, DO ME A HUGE FAVOR. WHEN I SAY, "MISS CLARK," THAT MEANS STOP, OKAY? THAT'S WHAT I MEAN.

KEY QUOTE

# 7 MR. COCHRAN:

I GAVE --

# 8 THE COURT:

WAIT, WAIT, WAIT. I'M NOT -- I HAD A QUESTION I WANTED TO ASK. WHEN I SAY, "MR. COCHRAN," I MEAN STOP TOO.

# 9 MR. COCHRAN:

I WILL DO THAT.

# 10 THE COURT:

HOW MANY MORE OF THESE PRIOR CONSISTENT STATEMENTS FROM THE PRELIMINARY HEARING DO YOU HAVE?

# 11 MS. CLARK:

JUST THIS ONE, AND THEN I AM GOING TO GO OVER THE TIMING ISSUE, WHICH IS OBVIOUSLY IMPORTANT.

# 12 THE COURT:

MR. COCHRAN.

# 13 MR. COCHRAN:

NOW CAN I BE HEARD? FIRST OF ALL, HE SAID HE WANTED TO CLEAR IT UP. I GAVE HIM A CHANCE TO CLEAR IT UP. SHE'S GOING OVER THE EXACT SAME GROUND. FURTHERMORE, BY GOING BACK THROUGH THESE QUESTIONS, IT'S AS THOUGH SHE'S TRYING TO CONFUSE THIS JURY. WHEN A WITNESS, POLICE OFFICER SAYS ONE THING, A WITNESS CORRECTS IT AND THEY TALK ABOUT PRELIMINARY HEARING, IT HAS NOTHING TO DO -- SHE KNOWS IT HAS NOTHING TO DO WITH THIS CASE. THIS IS A JURY TRIAL AND I HAVE AN ABSOLUTE RIGHT TO GO INTO THAT. ALSO, YOUR HONOR, THERE'S SOMETHING I FORGOT TO MENTION. CAN I BRING UP ANOTHER SUBJECT AT THIS POINT?

# 14 THE COURT:

NOT NOW.

# 15 MR. COCHRAN:

AS SOON AS WE FINISH, I HAVE SOMETHING I HAVE TO BRING UP THAT I INTENDED TO DO IT EARLIER. CAN I DO THAT?

# 16 THE COURT:

WHAT COULD THAT POSSIBLY BE?

# 17 MR. COCHRAN:

THAT WOULD BE, THAT PIN SHE IS WEARING, ALL THESE WITNESSES, YOU SAID -- LET ME FINISH. YOU SAID NOT TO WEAR BADGES AND BUTTONS AND STUFF. AND I NOTICED THIS MORNING, BUT WE WERE SO BUSY, ALL THE NEWS YOU GAVE US TODAY -- THAT'S IMPROPER. THE FIRST WITNESS --

# 18 THE COURT:

THIS IS SOMETHING WE CAN TAKE UP LATER.

# 19 MR. COCHRAN:

OKAY. WELL, THERE'S SO MANY THINGS, THAT I CAN'T --

# 20 THE COURT:

IT'S BEEN A BUSY DAY.

# 21 MR. COCHRAN:

YES. BUT I DO WANT TO BRING THIS UP. SHE HAS THAT PIN AND IT'S IMPROPER. THE NEXT THING WILL BE, MR. DARDEN WILL BE COMING IN TOMORROW WITH AN ANGEL ON HIS SHOULDER.

# 22 MS. CLARK:

HE HAS ONE. YOUR HONOR, THIS IS RIDICULOUS.

KEY QUOTE

Temperature

tense

Key Quotes (4)

Marcia Clark

COUNSEL IS GOING INTO THESE THINGS WITHOUT RANGE AS THOUGH THEY HAD NO IDEA THEY WERE EVER CORRECTED, AND THAT'S NOT FAIR TO LEAVE THE JURY WITH THAT IMPRESSION OF THIS WITNESS OR THEIR TESTIMONY. IT'S JUST NOT FAIR.

Clark's core rehabilitation argument — Cochran impeached the witness on discrepancies that had already been explained, and she wants to counter that impression with prior consistent statements.

Lance A. Ito

MISS CLARK, DO ME A HUGE FAVOR. WHEN I SAY, 'MISS CLARK,' THAT MEANS STOP, OKAY? THAT'S WHAT I MEAN.

Ito's blunt courtroom management style — a sharp contrast to Ito's more permissive bench.

Johnnie Cochran

THE NEXT THING WILL BE, MR. DARDEN WILL BE COMING IN TOMORROW WITH AN ANGEL ON HIS SHOULDER.

Cochran's sardonic wit in making his pin/jewelry objection, drawing a laugh at Darden's expense.

Marcia Clark

HE HAS ONE. YOUR HONOR, THIS IS RIDICULOUS.

Clark's exasperated comeback, deflating the moment — the only light exchange in an otherwise tense sidebar.

Evidence (2)

Informal

Prior consistent statements from the preliminary hearing used to rehabilitate a witness against discrepancies raised by Cochran on cross

discussed/disputed

Informal

Pin or jewelry worn by a prosecution witness, alleged to violate court order against badges and buttons

challenged

Notable Exchanges (3)

Lance A. Ito•Marcia Clark

Ito cuts Clark off mid-argument and explicitly tells her that when he says her name, it means she should stop talking — a firm bench management moment.

tense

Johnnie Cochran•Lance A. Ito

Cochran raises the pin objection as an afterthought at the end of the sidebar; Ito deflects it with 'It's been a busy day,' agreeing to take it up later.

strategic

Johnnie Cochran•Marcia Clark

Cochran's angel-on-Darden's-shoulder quip is met by Clark's deadpan 'He has one' — a rare moment of gallows humor in an otherwise adversarial sidebar.

light

Light Moments (2)

Johnnie Cochran / Marcia Clark

Cochran warns that if the pin is allowed, 'Mr. Darden will be coming in tomorrow with an angel on his shoulder,' to which Clark fires back 'He has one.'

Lance A. Ito

Ito acknowledges the chaotic pace of proceedings with 'It's been a busy day.'

Credibility Attacks (1)

⚔ unidentified prosecution witness (police officer)

prior inconsistent statement

Cochran cross-examined the witness on apparent discrepancies between the police report and the witness's account, which Clark argues were already corrected and explained back in July at the preliminary hearing.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 4718 • 22 utterances

Criminal Trial

Department 103