Sidebar: media relations

📄 Sidebar: media relations — Wednesday, February 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\8\SIDEBAR-MEDIA-RELATIONS.DOC

TRIAL

▲ Day 15 of 167

◀ Discussion on record before recess Court adjourned ▶

Date: Wednesday, February 8, 1995 • Utterances: 18

Marcia Clark complained at sidebar that Robert Shapiro had been telling reporters that future prosecution witnesses were watching television, calling it a false smear campaign. Shapiro flatly denied it twice, calling it a 'total lie,' prompting Clark to threaten to produce videotape to impeach him. Judge Ito ended the sidebar with dry humor before breaking for the afternoon recess.

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

# 2 THE COURT:

ALL RIGHT. WE ARE OVER AT THE SIDE BAR. MISS CLARK.

# 3 MS. CLARK:

I HAVE BEEN INFORMED BY OUR MEDIA RELATIONS DIRECTOR THAT MR. SHAPIRO HAS BEEN TELLING REPORTERS THAT OUR FUTURE WITNESSES HAVE BEEN WATCHING TELEVISION. THAT IS FALSE AND IT IS UNFAIR AND IT IS THE KIND OF SMEAR CAMPAIGN TACTICS THAT WE OBJECT TO STRENUOUSLY. WE HAVE REFRAINED FROM THAT SORT OF THING. WE WOULD ASK THE COURT TO ORDER MR. SHAPIRO NOT TO MAKE THESE FALSE REPRESENTATIONS TO THE PRESS FOR THE PURPOSE OF ENGAGING IN FURTHER SMEAR CAMPAIGN TACTICS.

# 4 THE COURT:

MR. SHAPIRO, DO YOU WANT TO RESPOND TO THAT?

# 5 MR. SHAPIRO:

YEAH. TOTAL LIE.

# 6 MS. CLARK:

MR. SHAPIRO IS ACCUSING MISS CHILDS OF LYING WHEN SHE SAW HIM ON TELEVISION STATING THAT OUR FUTURE WITNESSES HAVE BEEN WATCHING TELEVISION?

# 7 MR. SHAPIRO:

TOTAL LIE. I WILL SAY IT TWICE. I WILL SAY IT OUT IN PUBLIC RIGHT NOW.

KEY QUOTE

# 8 MS. CLARK:

I GUESS WE ARE GOING TO HAVE TO GO AND GET THE TAPE THEN.

# 9 MR. SHAPIRO:

I HAVEN'T SAID A WORD ON CAMERA IN ABOUT PROBABLY TWO MONTHS, OTHER THAN WALKING IN TODAY AND THEY ASKED ME ABOUT THE PINS AND I SAID, YOU KNOW, "I THINK MUCH TOO MUCH TIME IS CONSUMED OVER AN ISSUE THAT HAS NO RELEVANCE TO THE OUTCOME OF THIS CASE."

# 10 MR. BAILEY:

WHAT HE REALLY SAID IS HE IS GOING TO TAKE HIS WINGS OFF.

KEY QUOTE

# 11 MS. CLARK:

MR. SHAPIRO HAS BEEN ON CAMERA EVERY DAY FOR THE LAST TWO MONTHS.

# 12 MR. SHAPIRO:

NOT TALKING.

# 13 MS. CLARK:

I CAN PRODUCE TAPE TO IMPEACH THAT, EVERY DAY.

KEY QUOTE

# 14 THE COURT:

COUNSEL, ON THAT PLEASANT NOTE, WE WILL TAKE OUR RECESS FOR THE AFTERNOON.

KEY QUOTE

# 15 MS. CLARK:

I WOULD SIMPLY ASK THE COURT TO --

# 16 THE COURT:

IF YOU HAVE VIDEOTAPE TO THE CONTRARY --

# 17 MS. CLARK:

ALL RIGHT.

# 18 THE COURT:

THANK YOU.

Temperature

heated

Key Quotes (5)

Marcia Clark

IT IS THE KIND OF SMEAR CAMPAIGN TACTICS THAT WE OBJECT TO STRENUOUSLY.

Clark frames this not as a factual dispute but as a deliberate bad-faith media strategy by the defense.

Robert Shapiro

TOTAL LIE. I WILL SAY IT TWICE. I WILL SAY IT OUT IN PUBLIC RIGHT NOW.

Shapiro's blunt, emphatic denial — and threat to repeat it publicly — escalates rather than defuses the confrontation.

Marcia Clark

I CAN PRODUCE TAPE TO IMPEACH THAT, EVERY DAY.

Clark pivots to treating Shapiro's denial as itself subject to evidentiary impeachment, a pointed rhetorical move.

Lance A. Ito

COUNSEL, ON THAT PLEASANT NOTE, WE WILL TAKE OUR RECESS FOR THE AFTERNOON.

Ito's dry sarcasm signals he is declining to rule on the dispute while acknowledging its absurdity.

F. Lee Bailey

WHAT HE REALLY SAID IS HE IS GOING TO TAKE HIS WINGS OFF.

Bailey deflects with a joke referencing the LAPD solidarity pin controversy, undercutting the seriousness of Clark's complaint.

Evidence (1)

Informal

Videotape of Shapiro's on-camera statements to the press over the prior two months

threatened by Clark as impeachment evidence; not produced

Notable Exchanges (2)

Marcia Clark•Robert Shapiro

Clark accuses Shapiro of telling reporters that prosecution witnesses have been watching TV; Shapiro calls it a 'total lie' twice and dares Clark to prove it publicly; Clark says she can produce tape to impeach him.

heated

Lance A. Ito•Marcia Clark

Clark tries to continue pressing the court for an order; Ito cuts her off with a note about producing videotape and abruptly ends the sidebar.

dismissive/dry

Light Moments (2)

F. Lee Bailey

Bailey interjects with a quip that Shapiro 'is going to take his wings off,' referencing the LAPD solidarity pin dispute and breaking the tension with deadpan humor.

Lance A. Ito

Ito closes the heated exchange with 'on that pleasant note, we will take our recess,' delivering the sidebar's only judicial comment with obvious irony.

Credibility Attacks (1)

⚔ Robert Shapiro

prior inconsistent statement (threatened)

Clark claims she can produce videotape of Shapiro speaking on camera daily for two months, directly contradicting his claim to have been silent on camera for two months.

Objections

None recorded

Proceeding 4795 • 18 utterances

Criminal Trial

Department 103