Sidebar: crime scene procedures

📄 Sidebar: crime scene procedures — Thursday, February 9, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\9\SIDEBAR-CRIME-SCENE-PROCEDURES.DOC

TRIAL

▲ Day 16 of 167

◀ Direct examination of Robert Riske (part 3) Direct examination of Robert Riske (part 4) ▶

Date: Thursday, February 9, 1995 • Utterances: 23

During Marcia Clark's direct examination of a crime scene officer (likely Officer Riske), Cochran objected that she was repeating and confirming answers unnecessarily before transitioning to new questions. Ito acknowledged the redundancy but overruled the objection, noting the prosecution is entitled to establish crime scene integrity procedures given the defense has put that issue in play. The sidebar ends with a rare moment of levity when Ito jokes that Cochran should just show his video and sit down.

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

# 2 THE COURT:

WE ARE OVER AT THE SIDEBAR.

# 3 MS. CLARK:

IT'S FOUNDATIONAL.

# 4 THE COURT:

NO. YOU'RE COVERING -- YOU ARE COVERING DIFFERENT AREAS SHOWING WHAT SERGEANT ROSSI DID AND ALL OF THAT. BUT IT IS REDUNDANT TO KEEP ASKING HIM, NOW, YOU JUST TOLD US X, Y AND Z, IS THAT CORRECT AFTER HE'S JUST TOLD US --

# 5 MR. COCHRAN:

OFFICER ROSSI IS THE NEXT WITNESS. JUDGE, I DON'T -- ALL I CAN SAY, IF WE HAVE TO GO OVER THIS TEN TIMES, EVEN THE JURORS ARE GOING TO GET SICK OF THIS. AND ROSSI IS THE NEXT WITNESS. SO HE GOES THROUGH THE HALLWAY, THEN HE TELLS US WHAT HE AND ROSSI DID. NOW, SHE'S TAKING HIM BACK STEP BY STEP. IT'S REDUNDANT AND CUMULATIVE.

# 6 THE COURT:

ONE OF THE ISSUES THOUGH IS HOW DO THEY CONTAIN THE CRIME SCENE. SO SHE IS ENTITLED TO GO INTO THIS STUFF. BUT YOU'RE RIGHT. THE WAY, YOU KEEP SAYING -- REPEATING THE ANSWER TO CONFIRM THE ANSWER, YOU KNOW, UNLESS MERELY DONE TO UNDERSTAND THE QUESTION, WHICH HAPPENS OCCASIONALLY, BUT --

# 7 MS. CLARK:

WHAT I'M TRYING TO DO IS BRING HIM BACK FOUNDATIONALLY TO GO INTO SOMETHING DIFFERENT, AND AT THAT POINT -- BUT I'LL TRY AND DO THAT IN A MORE ARTFUL FASHION.

# 8 MR. COCHRAN:

COUNSEL WAS INARTFUL, I'LL STIPULATE TO THAT. WOULD YOU AGREE WITH THAT? ANYWAY, YOUR HONOR, AT ANY RATE, THE POINT IS, I MEAN, IT DOESN'T HELP FOR HER TO GO OVER AND OVER AND OVER THIS STUFF. THAT'S ALL I AM TRYING TO SAY AND --

KEY QUOTE

# 9 THE COURT:

NO. BUT SHE IS ENTITLED TO GO INTO THIS STUFF BECAUSE YOU MADE AN ISSUE OF THE INTEGRITY OF THE CRIME SCENE. SO SHE GETS TO GO INTO HOW THEY DID THIS.

# 10 MR. COCHRAN:

I'M GLAD SHE IS DOING IT. I HAVE NO DOUBT THAT I WILL STILL BE ABLE TO SHOW AT THE CRIME SCENE, HE WAS WALKING THROUGH IT LIKE THE OTHER PEOPLE WERE.

# 11 THE COURT:

THE ISSUE IS HOW MANY OTHER PEOPLE DID THIS GUY SHOW AROUND THE CRIME SCENE. LOTS. I MEAN --

# 12 MS. CLARK:

TELL YOU WHAT. IT'S GOING TO --

# 13 MR. COCHRAN:

THERE'S TWO THINGS COUNSEL CARES ABOUT. BUT I WON'T KNOW UNTIL I GET UP AND START CROSS-EXAMINING, ALL RIGHT, AND THEN --

# 14 MS. CLARK:

I'M GOING TO PUT ON SERGEANT ROSSI, BUT HE'S NOT GOING TO BE ABLE TO GO THROUGH EVERYTHING THAT OFFICER RISKE DID BECAUSE HE DIDN'T SEE IT ALL.

# 15 MR. COCHRAN:

NO. THAT'S NOT THE POINT.

# 16 MS. CLARK:

I AM CERTAIN, COUNSEL, YOU ARE GOING TO GO INTO AT GREAT LENGTH THE MANNER IN WHICH THE CRIME SCENE WAS NOT PRESERVED, AND WHAT I NEED TO DO WITH THESE OFFICERS, THE FIRST ONES ON THE SCENE, IS INDICATE -- IS LET THEM INDICATE THAT THE SCENE AS DEPICTED IN THE PHOTOGRAPHS IS WHAT THEY FOUND AND PEOPLE WERE CAREFUL, BECAUSE THE TRUTH OF THE MATTER IS, THEY DIDN'T GO THROUGH TRAMPLING THROUGH, THEY DIDN'T GO THROUGH THROWING EVIDENCE AROUND. WE ALL KNOW THAT'S TRUE.

# 17 MR. COCHRAN:

YOU DON'T HAVE TO ARGUE WITH ME. I HAVE A VIDEO. SO WE'LL BE ABLE TO SEE.

KEY QUOTE

# 18 THE COURT:

MR. COCHRAN MADE HIS OBJECTION. I'M GOING TO OVERRULE THE OBJECTION, BUT AT SOME POINT IN TIME, IT BECOMES REDUNDANT.

# 19 MR. COCHRAN:

AT SOME POINT. ARE WE CLOSE?

# 20 THE COURT:

NO. MR. COCHRAN, THIS IS JUST THE FIRST CRIME SCENE WITNESS IN A VERY LARGE AND VERY COMPLEX CRIME SCENE.

KEY QUOTE

# 21 MR. COCHRAN:

I HOPE THE COURT ALLOWS US THE SAME KIND OF LATITUDE ON OUR CROSS-EXAMINATION.

# 22 THE COURT:

NO. I EXPECT YOU JUST TO SHOW THE VIDEO AND SAY THANK YOU VERY MUCH AND SIT DOWN.

KEY QUOTE

# 23 MR. COCHRAN:

I WOULD LOVE TO DO THAT. VERY GOOD. I WILL BE DOING THAT.

Temperature

light

Key Quotes (4)

Johnnie Cochran

COUNSEL WAS INARTFUL, I'LL STIPULATE TO THAT. WOULD YOU AGREE WITH THAT?

Cochran gets in a dig at Clark while framing it as a concession, drawing a laugh from the bench.

Johnnie Cochran

YOU DON'T HAVE TO ARGUE WITH ME. I HAVE A VIDEO. SO WE'LL BE ABLE TO SEE.

Cochran reveals the defense has video evidence of the crime scene, signaling their cross-examination strategy on preservation issues.

Lance A. Ito

NO. I EXPECT YOU JUST TO SHOW THE VIDEO AND SAY THANK YOU VERY MUCH AND SIT DOWN.

Rare judicial humor — Ito jokes at Cochran's expense about the defense's purported slam-dunk video.

Lance A. Ito

MR. COCHRAN, THIS IS JUST THE FIRST CRIME SCENE WITNESS IN A VERY LARGE AND VERY COMPLEX CRIME SCENE.

Ito signals patience with the prosecution's methodical buildup given the complexity of the physical evidence.

Evidence (2)

Informal

Video footage of the crime scene, referenced by Cochran as defense evidence for cross-examination on scene preservation

referenced strategically

Informal

Crime scene photographs depicting the scene as officers found it

discussed as basis for Clark's foundational questions

Notable Exchanges (2)

Lance A. Ito•Johnnie Cochran

After Cochran asks if they are close to the point of redundancy, Ito tells him they are not — this is just the first crime scene witness. Cochran then asks for equal latitude on cross, and Ito jokes he expects Cochran to just show the video and sit down. Cochran plays along.

light

Marcia Clark•Johnnie Cochran

Clark defends her repetitive questioning as foundational bridging; Cochran concedes she is 'inartful' while signaling confidence he can still show the crime scene was not properly preserved.

strategic

Light Moments (2)

Johnnie Cochran

Cochran stipulates that Clark was 'inartful' and cheekily asks if everyone agrees.

Lance A. Ito

Ito jokes that he expects Cochran to just show his video and say 'thank you very much and sit down.' Cochran replies he would love that.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4756 • 23 utterances

Criminal Trial

Department 103