Sidebar: witness impeachment

📄 Sidebar: witness impeachment — Wednesday, February 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\8\SIDEBAR-WITNESS-IMPEACHMENT.DOC

TRIAL

▲ Day 15 of 167

◀ Cross-examination of Sukru Boztepe (part 1) Cross-examination of Sukru Boztepe (part 2) ▶

Date: Wednesday, February 8, 1995 • Utterances: 16

Marcia Clark objected to Johnnie Cochran's cross-examination technique, arguing he was improperly using a police report to impeach witness Boztepe over statements made by a different witness (Schwab) who had already been confronted with that same report. Judge Ito clarified that Cochran was asking Boztepe whether he heard or saw Schwab make certain statements, which Cochran confirmed was his intent and which Ito allowed to proceed.

# 1 MS. CLARK:

OBJECTION. OBJECTION. CAN WE APPROACH?

# 2 THE COURT:

YES, WITH THE COURT REPORTER.

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

# 4 THE COURT:

ALL RIGHT. WE ARE AT THE SIDEBAR.

# 5 MS. CLARK:

YOUR HONOR, I LET COUNSEL ASK A COUPLE QUESTIONS ON THIS, BUT I DON'T SEE HOW ANOTHER WITNESS' STATEMENT CONCERNING A DIFFERENT POINT IN TIME WHEN THIS WITNESS WAS NOT EVEN PRESENT HAS ANYTHING TO DO WITH IMPEACHING THIS WITNESS.

# 6 THE COURT:

IT'S NOT IMPEACHING THIS WITNESS. IT'S IMPEACHING THE OTHER GUY.

KEY QUOTE

# 7 MS. CLARK:

BUT THAT WAS WITH MR. SCHWAB. THAT HAS ALREADY BEEN DONE WITH THAT OTHER WITNESS.

# 8 MR. COCHRAN:

IS THAT THE OBJECTION?

# 9 MS. CLARK:

I'M OBJECTING TO COUNSEL ATTEMPTING TO USE THE SAME POLICE REPORT THAT THE OTHER WITNESS WAS ALREADY CONFRONTED WITH WITH A WITNESS WHO DIDN'T GIVE THE REPORT. HOW IS THAT PROPER IMPEACHMENT?

KEY QUOTE

# 10 THE COURT:

HE'S ASKING MR. BOZTEPE, DID YOU HEAR MR. SCHWAB SAY X? DID YOU SEE HIM SAY Y. THAT'S HOW I UNDERSTAND IT.

# 11 MR. COCHRAN:

THAT'S RIGHT.

# 12 MS. CLARK:

IT SOUNDED TO ME LIKE HE WAS GOING THROUGH THE POLICE REPORT.

# 13 THE COURT:

THAT'S WHAT HE'S DOING.

# 14 MS. CLARK:

BUT NO --

# 15 MR. COCHRAN:

I'M ASKING HIM WHAT HE SAID. I'M USING THE POLICE REPORT, BUT I'M ASKING HIM DID HE SAY -- HE SAID HE WAS PRESENT. IT'S PROPER IMPEACHMENT. MAY WE PROCEED? I DON'T HAVE MUCH MORE. ARE WE GOING TO TAKE A BREAK AFTER THIS WITNESS?

KEY QUOTE

# 16 THE COURT:

HOPE SO. AND I HAVE ONE OTHER THING TO DISCUSS WITH YOU WHEN WE TAKE OUR BREAK. DON'T GO AWAY.

Temperature

procedural

Key Quotes (3)

Marcia Clark

I'M OBJECTING TO COUNSEL ATTEMPTING TO USE THE SAME POLICE REPORT THAT THE OTHER WITNESS WAS ALREADY CONFRONTED WITH WITH A WITNESS WHO DIDN'T GIVE THE REPORT. HOW IS THAT PROPER IMPEACHMENT?

Captures the core legal dispute — whether a police report can be used to impeach a witness who had no role in generating it.

Lance A. Ito

IT'S NOT IMPEACHING THIS WITNESS. IT'S IMPEACHING THE OTHER GUY.

Ito quickly identifies the distinction Clark is missing, clarifying the purpose of the line of questioning.

Johnnie Cochran

I'M ASKING HIM WHAT HE SAID. I'M USING THE POLICE REPORT, BUT I'M ASKING HIM DID HE SAY -- HE SAID HE WAS PRESENT. IT'S PROPER IMPEACHMENT. MAY WE PROCEED? I DON'T HAVE MUCH MORE.

Cochran clarifies his technique and signals the cross is nearly complete, keeping things moving.

Evidence (1)

Informal

Police report previously used to confront witness Schwab, now referenced during Boztepe's cross-examination

discussed, challenged as basis for impeachment

Notable Exchanges (2)

Marcia Clark•Lance A. Ito

Clark argued that using Schwab's police report on Boztepe was improper; Ito corrected her framing by explaining Cochran was using Boztepe's presence to impeach Schwab indirectly.

clarifying

Johnnie Cochran•Lance A. Ito

After Cochran confirmed his technique, Ito allowed the examination to continue and noted he had a separate matter to discuss at the next break.

routine

Light Moments (1)

Lance A. Ito

Ito tells counsel 'Don't go away' after flagging he has one more thing to discuss at the break — a casual, almost sardonic aside mid-sidebar.

Credibility Attacks (1)

⚔ Schwab

prior inconsistent statement via police report, tested through eyewitness Boztepe

Cochran used a police report to ask Boztepe whether he heard or witnessed Schwab make certain statements, indirectly impeaching Schwab's account through a witness who was present at the time.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4763 • 16 utterances

Criminal Trial

Department 103