Sidebar: chart visibility

📄 Sidebar: chart visibility — Thursday, February 9, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\9\SIDEBAR-CHART-VISIBILITY.DOC

TRIAL

▲ Day 16 of 167

◀ Direct examination of Robert Riske (part 4) Diagram discussion ▶

Date: Thursday, February 9, 1995 • Utterances: 26

A brief sidebar about courtroom logistics: Marcia Clark objected to Johnnie Cochran standing close to her during questioning, and Ito explained that Cochran is entitled to see the chart being used with the witness. The parties debated how to position the chart so both Cochran and the jury could see it, with no satisfactory solution reached before the judge made an off-the-record comment.

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

# 2 THE COURT:

WE ARE OVER AT SIDEBAR.

# 3 MS. CLARK:

I WAS JUST WONDERING WHY COUNSEL FEELS THE NEED TO STAND WITHIN 10 INCHES OF ME WHILE I'M DOING THIS QUESTIONING.

# 4 THE COURT:

BECAUSE HE NEEDS TO BE ABLE TO SEE THE CHART.

# 5 MR. COCHRAN:

I CAN'T SEE THE CHART.

# 6 MS. CLARK:

HOW ABOUT IF I TURN IT, HAVE IT --

# 7 MR. COCHRAN:

I STILL CAN'T SEE IT OVER THERE.

# 8 MS. CLARK:

IT'S A VERY SIMPLE CHART, YOUR HONOR, AND I KNOW THAT COUNSEL HAS SEEN QUITE A LOT OF IT IN GREAT DETAIL.

KEY QUOTE

# 9 THE COURT:

NO. BUT HE NEEDS TO SEE WHAT THE WITNESS IS POINTING TO.

# 10 MS. CLARK:

HE'S NOT POINTING TO ANYTHING.

# 11 THE COURT:

WELL, WE DON'T --

# 12 MR. COCHRAN:

HOW DO I KNOW THAT?

# 13 THE COURT:

SEE, MARCIA, IT'S A BAD ANGLE. IT'S JUST A BAD ANGLE.

# 14 MS. CLARK:

IF I TURNED IT --

# 15 MR. COCHRAN:

I HAVEN'T SEEN HALF OF THESE THINGS. I HAVE NO IDEA WHAT YOU ARE TALKING ABOUT HALF THE TIME. OF COURSE, I'M NOT THE ONE THAT HAS TO BE ABLE TO SEE WHAT YOU ARE TALKING ABOUT.

KEY QUOTE

# 16 MS. CLARK:

I AGREE IF I TILT IT SO THAT COUNSEL CAN SEE IT FROM COUNSEL TABLE, PERHAPS HE CAN GET --

# 17 THE COURT:

THEN THE JURY IS NOT GOING TO BE ABLE TO SEE IT.

# 18 MS. CLARK:

ACTUALLY --

# 19 MR. COCHRAN:

I'M NOT BOTHERING HER. I'M STANDING BEHIND HER.

# 20 THE COURT:

I KNOW. HE'S NOT SAYING ANYTHING. HE'S NOT PUTTING RABBIT EARS BEHIND YOUR HEAD OR ANYTHING.

# 21 MS. CLARK:

I NEVER KNOW WHEN HE WILL, YOUR HONOR.

KEY QUOTE

# 22 MR. COCHRAN:

I DIDN'T DO THAT. I'M STANDING THERE NOT TALKING.

# 23 THE COURT:

HE'S ENTITLED TO SEE WHAT IT IS YOU ARE DOING.

# 24 MS. CLARK:

OKAY.

# 25 THE COURT:

LET ME MAKE ONE OTHER COMMENT TO YOU OFF THE RECORD.

# 26 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)

Temperature

light

Key Quotes (4)

Marcia Clark

IT'S A VERY SIMPLE CHART, YOUR HONOR, AND I KNOW THAT COUNSEL HAS SEEN QUITE A LOT OF IT IN GREAT DETAIL.

Clark dismissively implies Cochran doesn't need to see the chart because he's already familiar with it — Ito rejects this reasoning.

Lance A. Ito

HE'S NOT PUTTING RABBIT EARS BEHIND YOUR HEAD OR ANYTHING.

Ito lightens the mood with an off-hand joke while affirming Cochran's right to observe.

Marcia Clark

I NEVER KNOW WHEN HE WILL, YOUR HONOR.

Clark's dry comeback showing the friction between the two lead attorneys.

Johnnie Cochran

I HAVEN'T SEEN HALF OF THESE THINGS. I HAVE NO IDEA WHAT YOU ARE TALKING ABOUT HALF THE TIME.

Cochran makes the substantive point — he genuinely cannot follow the examination from his position.

Evidence (1)

Informal

An unspecified chart being used during witness examination

discussed (visibility dispute)

Notable Exchanges (1)

Marcia Clark•Johnnie Cochran•Lance A. Ito

Clark complains Cochran is hovering; Cochran counters he can't see the chart; Ito mediates and sides with Cochran's right to observe, adding the 'rabbit ears' quip.

light/bickering

Light Moments (2)

Lance A. Ito

Judge Ito jokes that Cochran isn't 'putting rabbit ears behind your head or anything,' defusing Clark's complaint about Cochran standing close.

Marcia Clark

Clark fires back: 'I NEVER KNOW WHEN HE WILL, YOUR HONOR' — getting a dry laugh at Cochran's expense.

Objections

None recorded

Proceeding 4758 • 26 utterances

Criminal Trial

Department 103