Sidebar: exhibits and rulings

📄 Sidebar: exhibits and rulings — Thursday, February 9, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\9\SIDEBAR-EXHIBITS-AND-RULINGS.DOC

TRIAL

▲ Day 16 of 167

Date: Thursday, February 9, 1995 • Utterances: 88

With the jury excused, Cochran sought to show Officer Riske (a P-2 patrol officer) laser disc frames depicting the apparent movement of the glove and a cap between crime scene photographs. Clark objected that the frames were misleading because the evidence shifted naturally when Ron Goldman's body was removed. Judge Ito ultimately sustained a 352 objection, ruling the photographs unduly prejudicial as to this witness since Riske had no role in photographing or collecting evidence.

# 1 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN, THERE'S ONE OTHER MATTER I NEED TO VIEW BEFORE I DETERMINE WHETHER OR NOT IT'S GOING TO BE SHOWN IN COURT. I'M GOING TO ASK YOU TO STEP BACK INTO THE JURY ROOM. THIS SHOULD ONLY TAKE ABOUT FIVE OR 10 MINUTES. AND, OFFICER RISKE, LET ME ASK YOU TO STEP DOWN AND WAIT IN THE HALLWAY, PLEASE.

# 2 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

# 3 THE COURT:

THE RECORD SHOULD REFLECT ALL THE JURORS HAVE WITHDRAWN FROM THE COURTROOM. MR. COCHRAN, WHAT DO YOU HAVE TO SHOW US?

# 4 MR. COCHRAN:

YOUR HONOR, I ASKED MR. HARRIS TO PUNCH THIS IN. DOING IT MANUALLY, IT'S DIFFICULT TO BRING OUT, BUT THERE'S SOME EXHIBITS I WOULD LIKE TO SHOW THIS PARTICULAR OFFICER. SO CAN WE DEMONSTRATE THAT? MR. HARRIS.

# 5 (MR. HARRIS COMPLIES.)

# 6 MR. COCHRAN:

14, YOUR HONOR. THAT'S THE ENVELOPE. ALL THAT DEMONSTRATES IS THE MOVEMENT OF THE ENVELOPE. SHOW THE FIRST ONE AGAIN, MR. HARRIS.

# 7 (MR. HARRIS COMPLIES.)

# 8 MR. COCHRAN:

THAT'S NOT THE ONE.

# 9 (MR. HARRIS COMPLIES.)

# 10 MS. CLARK:

THAT'S FINE. NO OBJECTION.

# 11 MR. COCHRAN:

JUST KEEP ON LAUGHING.

# 12 MS. CLARK:

ALL RIGHT. I WILL.

# 13 THE COURT:

MR. HARRIS, WHAT'S THE NEXT FRAME AFTER THIS? IS IT POSSIBLE TO TAKE OUT THE STILL AND SEARCH WRITING ON THAT?

# 14 MR. HARRIS:

THAT'S WHAT IT COMES UP, AND YOU HAVE TO DO IT MANUALLY UNFORTUNATELY. I CAN DO IT WHILE YOU'RE LOOKING AT IT.

# 15 MR. COCHRAN:

CAN WE BACK UP, YOUR HONOR?

# 16 THE COURT:

WHEN YOU PRINT THIS, DOES IT COME UP WITH THE -- I'M SORRY?

# 17 MR. FAIRTLOUGH:

PART OF THE PROBLEM IS THAT THE DEFENSE IS RUNNING OFF THEIR LASER DISC. THEIR LASER DISC IS NOT HOOKED UP TO THIS PARTICULAR PRINTER. SO I CAN NOT MAKE A PRINT COPY OF THIS PARTICULAR PHOTO.

# 18 MR. HARRIS:

IT'S THE SAME SYSTEM.

# 19 MR. COCHRAN:

CAN WE USE THEIR DISK, YOUR HONOR?

# 20 MS. CLARK:

IT'S OUR DISK.

# 21 MR. FAIRTLOUGH:

THE PROBLEM, IS I THINK -- THE ONLY WAY TO FIND OUT IS TO TRY.

# 22 MR. COCHRAN:

BACK UP ONE BEFORE YOU DO THAT. I WANT TO SEE THE CAP AGAIN.

# 23 MR. HARRIS:

THE CAP?

# 24 MR. COCHRAN:

YEAH.

# 25 THE COURT:

IS THERE A FOCUS ON THIS?

# 26 MR. FAIRTLOUGH:

THAT'S A PRINT FROM THE ELMO. 2, PLEASE. LET'S SEE IF I CAN GET A PHOTO PRINT OF THIS. YOUR HONOR, I'LL ATTEMPT TO PRINT, BUT I DO BELIEVE THAT IT WILL SHOW THAT, THESE SEARCH CODES ON THEM BECAUSE IT'S A DIRECT VIDEO CAPTION.

# 27 THE COURT:

ALL RIGHT. IS THIS A LASER DISK, DEFENSE LASER DISK, MR. HARRIS?

# 28 MR. HARRIS:

YES, SIR.

# 29 THE COURT:

ALL RIGHT.

# 30 MS. CLARK:

THIS IS COMPARED TO WHAT?

# 31 THE COURT:

MR. FAIRTLOUGH, WHAT DOES IT SHOW?

# 32 MR. FAIRTLOUGH:

THIS PARTICULAR COPY SHOWS THE SEARCH, BUT WE THINK WE MIGHT HAVE FOUND A WAY TO PRINT IT WITHOUT THE SEARCH CODE IF POSSIBLE, WHICH WE WILL SEE IN A MOMENT.

# 33 MR. DARDEN:

DO WE HAVE TO HAVE IT ON THE BIG SCREEN?

# 34 THE COURT:

WELL, I'LL -- WE'RE TRYING TO VIEW THIS.

# 35 MS. CLARK:

DO YOU NEED IT ON THE BIG SCREEN?

# 36 MR. DARDEN:

IF YOU HAVE TO HAVE IT --

# 37 MR. FAIRTLOUGH:

THIS PRINT WAS PRINTED WITHOUT THE SEARCH CODE ACROSS IT. SO IT IS A CLEAR PRINT. WOULD YOU LIKE TO SEE THIS?

# 38 THE COURT:

NO. I'LL TAKE YOUR WORD FOR IT. ALL RIGHT. LET'S PROCEED THEN. I TAKE IT, MR. COCHRAN, YOU'RE GOING TO SHOW TWO DIFFERENT FRAMES, HOPEFULLY PRINT OUT, BUT WITHOUT THE SEARCH CODE SHOWING APPARENT MOVING OF THE ENVELOPE AND THE GLOVE, CORRECT?

# 39 MR. COCHRAN:

YES. THAT'S WHAT I WOULD LIKE TO DO. DO WE HAVE THOSE?

# 40 THE COURT:

THOSE FOUR FRAMES.

# 41 MR. COCHRAN:

I THINK WE GOT THE GLOVE.

# 42 MR. FAIRTLOUGH:

YES, WE DO HAVE THE GLOVE.

# 43 (DISCUSSION HELD OFF THE RECORD BETWEEN MR. COCHRAN AND MR. FAIRTLOUGH.)

# 44 THE COURT:

ALL RIGHT. MR. COCHRAN, THAT'S HOW YOU PROPOSE TO PROCEED?

# 45 MR. COCHRAN:

WELL, YOUR HONOR, I ONLY HAVE ONE. THERE IS -- I NEED A SECOND ONE OF THE GLOVE. LET ME TALK TO JOHN. MAY I?

# 46 (DISCUSSION HELD OFF THE RECORD BETWEEN MR. COCHRAN AND MR. FAIRTLOUGH.)

# 47 (BRIEF PAUSE.)

# 48 THE COURT:

MR. COCHRAN, ARE YOU WAITING TO PRINT OUT FOUR OF THESE?

# 49 MR. COCHRAN:

YES, I'M TRYING TO PRINT OUT FOUR. I HAVE ONE.

# 50 (BRIEF PAUSE.)

# 51 MR. COCHRAN:

CAN WE PRINT THIS OUT? CAN THIS ONE BE PRINTED OUT?

# 52 MR. FAIRTLOUGH:

I BELIEVE THAT ONE HAS BEEN PRINTED.

# 53 (DISCUSSION HELD OFF THE RECORD BETWEEN MR. COCHRAN AND MR. FAIRTLOUGH.)

# 54 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 55 MR. COCHRAN:

ALMOST DONE, YOUR HONOR.

# 56 THE COURT:

ALL RIGHT. MR. COCHRAN, ARE WE READY TO PROCEED?

# 57 MR. COCHRAN:

THERE ARE THREE, YOUR HONOR, THAT I HAVE THAT I WANT TO SHOW TO COUNSEL AND THEN SHOW THEM TO MY CLIENT. THEN I WILL BE IN A POSITION TO PROCEED. ONE OF THEM IS THE GLOVE. CAN I HAVE A SECOND WHILE HE'S TRYING TO GET THE LAST ONE, THE OTHER ONE WITH THE GLOVE?

# 58 (BRIEF PAUSE.)

# 59 THE COURT:

COUNSEL, YOU'VE HAD AN OPPORTUNITY TO LOOK AND SEE WHAT THE DEFENSE INTENDS ON PRODUCING. ANY COMMENT?

# 60 MS. CLARK:

WE STILL HAVEN'T SEEN THE ONE THEY TEND TO PRODUCE ON THE GLOVE.

# 61 THE COURT:

I THOUGHT WE --

# 62 MR. FAIRTLOUGH:

THERE'S THREE. THERE'S APPARENTLY FOUR.

# 63 MR. COCHRAN:

THERE'S ONE WITH THE GLOVE THAT'S BEEN MOVED. I'M JUST TRYING TO FIND THAT ONE. I THINK THAT ONE I HAVE.

# 64 (DISCUSSION HELD OFF THE RECORD BETWEEN MR. COCHRAN AND MR. FAIRTLOUGH.)

# 65 MS. CLARK:

MAY I BE HEARD NOW?

# 66 THE COURT:

YES.

# 67 MS. CLARK:

THIS IS THE SAME THING THAT MR. COCHRAN'S BEEN DOING THROUGHOUT THIS TRIAL. THIS IS ANOTHER DISTORTION. THIS IS ANOTHER DECEPTION BECAUSE WHAT HE IS TRYING TO SHOW THIS JURY IS THAT THERE WAS SOME NEFARIOUS, SINISTER AGENCY AT WORK HERE IN MOVING THE EVIDENCE. IN FACT, THAT IS TOTALLY FALSE. WHAT YOU CAN TELL IF YOU LOOK IN THE PHOTOGRAPHS WHERE HE CLAIMS EVIDENCE WAS MOVED IS THAT THERE WERE PHOTO NUMBER TAGS AND THE BODIES HAD BEEN REMOVED. AS MR. COCHRAN HAS ELICITED IN CROSS-EXAMINATION HIMSELF, IT IS A VERY TIGHT SPACE. AND WHEN MR. GOLDMAN'S BODY HAD TO BE MOVED, IT IS NATURAL THAT SOME OF THE EVIDENCE AROUND THE BODY WHICH WAS CLOSELY LOCATED TO THE BODY LIKE THE GLOVE, WHICH WE CAN TELL IN THE PHOTOGRAPHS WHERE -- MATTER OF FACT, CAN YOU PULL THAT UP, PLEASE? THE PHOTOGRAPH IN WHICH BEFORE MR. GOLDMAN HAS BEEN MOVED, YOU CAN SEE THAT THE TOE OF HIS BOOT IS RIGHT NEAR THE GLOVE. AS YOU CAN SEE IN THIS PHOTOGRAPH, YOUR HONOR, WHERE THE NUMBER TAG APPEARS, THE BOOT IS NO LONGER THERE AND THAT'S BECAUSE THE BODIES HAVE BEEN REMOVED. IN THE MOVEMENT OF THE BODIES, OBVIOUSLY SOME EVIDENCE WAS DISTURBED AND THAT'S WHY THEY TAKE THE PHOTOGRAPHS BEFORE AND AFTER. AND MR. COCHRAN IS DELIBERATELY TRYING TO MISLEAD AND CONFUSE THIS JURY AND CAUSE PREJUDICE IN THE MINDS OF THIS JURY BY NOT LETTING THEM KNOW THAT WHAT HAS ACTUALLY TRANSPIRED HERE IS THAT THE BODIES WERE REMOVED IN BETWEEN THE TIME THE FIRST AND THE SECOND PHOTOGRAPHS WERE TAKEN.

KEY QUOTE

# 68 MR. COCHRAN:

MAY I BE HEARD, YOUR HONOR?

# 69 THE COURT:

YES.

# 70 MR. COCHRAN:

AS USUAL, COUNSEL HAS IT ALL WRONG. I ASKED THIS OFFICER, HER OFFICER WHETHER OR NOT YOU TAKE PAINS NOT TO HAVE EVIDENCE MOVED, AND THAT'S THE QUESTION THAT I ASKED HIM. NOW, I ASKED HIM -- AND THEY CAN MAYBE EXPLAIN THAT ALL THEY WANT. THE EVIDENCE -- HE TOLD ME NO EVIDENCE WAS TO BE MOVED OR EVER MOVED. I'M NOT RESPONSIBLE FOR THIS CRIME SCENE. THEY ARE, YOUR HONOR. IF WE HAVE EVIDENCE IN WHICH IN ONE PHOTOGRAPH, YOUR HONOR, THE GLOVE IS POINTING WITH THE "V" UP AGAINST THE WALKWAY AND THE OTHER'S BEEN TURNED AND MOVED, THE CAP HAS ALSO BEEN MOVED, THEY HAVEN'T SEEN ANYTHING YET. AND SHE'S GOING TO TRY TO EXPLAIN -- SHE THINKS SHE CAN EXPLAIN EVERYTHING AWAY. BY THE END OF THIS CASE, SHE WILL HAVE OFFERED SO MANY EXPLANATIONS, I THINK SHE WILL FINALLY EVEN BE TIRED. SO THAT THIS DOESN'T WORK, YOUR HONOR. SHE CANNOT EXPLAIN EVERYTHING, AND EVERYTHING IS A MISREPRESENTATION. ALL I'VE DONE IS SHOWN A PICTURE, YOUR HONOR, OF THEIR CRIME SCENE, AND THAT'S -- IF THEY CAN'T -- FIRST OF ALL, THEY WAIT -- THEY BREAK THE STATE LAW IN CALLING THE CORONER OUT 10 HOURS LATER.

# 71 THE COURT:

WAIT, WAIT, WAIT, WAIT, WAIT. MR. COCHRAN, THAT'S KIND OF APPLES AND ORANGES. IT'S KIND OF A WASTE OF MY TIME, ESPECIALLY THIS LATE IN THE DAY.

# 72 MR. COCHRAN:

LET ME JUST SAY THIS.

# 73 THE COURT:

BUT LET ME ASK YOU A QUESTION. THIS PARTICULAR WITNESS IS A P-2 PATROL OFFICER WHO GETS CALLED TO THE SCENE. HE'S NOT THE DETECTIVE WHO IS IN CHARGE OF THE CRIME SCENE. ALL THIS GUY DOES IS TAKE A LOOK SEE, DECIDES HE'S IN OVER HIS HEAD AND CALLS HIS SUPERVISOR, SECURES THE CRIME SCENE, HERE HE IS. THIS IS NOT THE GUY TO EXPLAIN HOW THE PHOTOGRAPHS WERE TAKEN OR WHAT'S WHERE, AND HE HAS ALREADY TESTIFIED WITH REGARDS TO THE PEOPLE'S EXHIBITS THAT IT APPEARS TO HIM THESE TWO ITEMS HAVE ALREADY BEEN MOVED.

# 74 MR. COCHRAN:

THAT'S CORRECT.

# 75 THE COURT:

SO WHY DO WE NEED TO GO INTO THIS WITH THIS OFFICER? YOU'VE ESTABLISHED THAT FACT.

# 76 MR. COCHRAN:

I DID.

# 77 THE COURT:

BUT FOR A P-2 TO TESTIFY TO ALL OF THIS STUFF --

# 78 MR. COCHRAN:

FIRST OF ALL, YOUR HONOR, YOUR HONOR KNOWS HE'S A P-2. THIS LAWYER OVER HERE TRIED TO MAKE HIM SEEM LIKE HE WAS THE MOST CAREFUL OFFICER IN THE HISTORY OF THE LAPD, HOW HE TIPPED AROUND THIS SCENE. SHE WENT THROUGH IT 15 TIMES. SO --

# 79 THE COURT:

NO. ONLY 10 TIMES.

# 80 MR. COCHRAN:

WELL, 10 TIMES, YOUR HONOR. WELL, I WAS OFF BY FIVE. 10 TIMES SHE WENT THROUGH IT, MAKING LIKE THE GREATEST P-2 EVER. THIS JURY DOESN'T KNOW THE DIFFERENCE BETWEEN A P-2 OR WHATEVER, YOUR HONOR. SHE CREATED THIS AURA AS SHE ALWAYS TRIES TO DO THAT, AND NOW I AM GOING TO SHOW THAT THE EVIDENCE WAS MOVED.

# 81 THE COURT:

HERE'S THE PROBLEM. THIS GUY HAD NOTHING TO DO WITH TAKING THESE PHOTOGRAPHS, NOTHING TO DO WITH COLLECTING THE EVIDENCE AND NOTHING TO DO WITH THE CALLING THE CORONER, NOTHING TO DO WITH SETTING UP THE PHOTOGRAPHS. HE HAD NOTHING TO DO WITH ANYTHING.

# 82 MR. COCHRAN:

WELL, HE DID SEE THE ONE PHOTOGRAPH TAKEN WHERE FUHRMAN IS IN THERE. HE SAID HE WAS PRESENT.

# 83 THE COURT:

HE WAS PRESENT FOR THAT, RIGHT.

# 84 MR. COCHRAN:

HE WAS PRESENT FOR THAT AND HE SAID THAT THE OTHER THINGS HAD BEEN MOVED. AND THAT'S THE POINT THAT WE ARE TRYING TO MAKE. I DIDN'T MAKE THIS EVIDENCE. THIS EVIDENCE WAS MOVED. NOW, SHE MAY TRY TO JUSTIFY IT ALL WEEKEND, BUT --

# 85 THE COURT:

WELL, MR. COCHRAN, YOU'VE ESTABLISHED THAT ALREADY WITH THIS WITNESS USING OTHER EXHIBITS. I THINK IT'S AN UNDUE USE OF THE COURT'S TIME WITH THIS WITNESS.

# 86 MR. COCHRAN:

ALL RIGHT. FINE. I'LL MOVE ON. I HAVE SOME OTHER THINGS, YOUR HONOR.

# 87 THE COURT:

OKAY. ALL RIGHT. WELL, WE HAVE TAKEN THE ENTIRE BALANCE OF THE COURT -- IT'S AMAZING HOW THESE THINGS SORT OF WRAP UP RIGHT ABOUT 4:30. ALL RIGHT. I AM GOING TO INVITE THE JURORS TO REJOIN US. I'M GOING TO SUSTAIN A 352 OBJECTION TO THOSE FOUR PHOTOGRAPHS AS TO THIS WITNESS. ALL RIGHT. LET'S HAVE THE JURORS. AND LET ME SEE COUNSEL WITHOUT THE REPORTER, PLEASE.

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

Temperature

tense

Key Quotes (4)

Marcia Clark

THIS IS THE SAME THING THAT MR. COCHRAN'S BEEN DOING THROUGHOUT THIS TRIAL. THIS IS ANOTHER DISTORTION. THIS IS ANOTHER DECEPTION BECAUSE WHAT HE IS TRYING TO SHOW THIS JURY IS THAT THERE WAS SOME NEFARIOUS, SINISTER AGENCY AT WORK HERE IN MOVING THE EVIDENCE.

Clark frames Cochran's entire evidence-tampering theory as deliberate jury manipulation, foreshadowing her counter-narrative about body removal.

Johnnie Cochran

IF WE HAVE EVIDENCE IN WHICH IN ONE PHOTOGRAPH, YOUR HONOR, THE GLOVE IS POINTING WITH THE 'V' UP AGAINST THE WALKWAY AND THE OTHER'S BEEN TURNED AND MOVED, THE CAP HAS ALSO BEEN MOVED, THEY HAVEN'T SEEN ANYTHING YET.

Cochran explicitly describes the physical orientation change in the glove between photographs and hints at more evidence tampering to come.

Lance A. Ito

THIS PARTICULAR WITNESS IS A P-2 PATROL OFFICER WHO GETS CALLED TO THE SCENE. HE'S NOT THE DETECTIVE WHO IS IN CHARGE OF THE CRIME SCENE. ALL THIS GUY DOES IS TAKE A LOOK SEE, DECIDES HE'S IN OVER HIS HEAD AND CALLS HIS SUPERVISOR.

Ito cuts to the heart of the relevance problem — Riske simply wasn't the right witness for this line of questioning.

Lance A. Ito

NO. ONLY 10 TIMES.

Ito corrects Cochran's count of how many times Clark covered the same ground on direct — a rare moment of judicial humor that also acknowledges Clark's repetitive direct examination.

Evidence (2)

null

Laser disc frames (four stills) showing the glove and knit cap in different positions between crime scene photographs, printed without search-code overlay

Discussed, demonstrated on screen, ultimately excluded under 352 as to this witness

People's 14

Photograph of the envelope at the crime scene showing movement

Referenced and displayed during out-of-court review

Notable Exchanges (3)

Marcia Clark•Johnnie Cochran

Clark accuses Cochran of deliberate deception by omitting that Goldman's body removal explains the evidence shift; Cochran fires back that Clark is trying to 'explain everything away' and predicts she will exhaust herself with explanations by trial's end.

heated

Lance A. Ito•Johnnie Cochran

Ito repeatedly tries to redirect Cochran, pointing out that a P-2 patrol officer is the wrong witness to establish evidence movement; Cochran eventually concedes and agrees to move on.

strategic

Johnnie Cochran•Marcia Clark

During the technical setup with Harris and Fairtlough, Cochran quips 'JUST KEEP ON LAUGHING' after Clark says 'THAT'S FINE. NO OBJECTION,' and Clark replies 'ALL RIGHT. I WILL.'

light

Light Moments (2)

Lance A. Ito

Cochran claims Clark went through the officer's direct examination '15 times'; Ito corrects him: 'NO. ONLY 10 TIMES.' — a wry judicial interjection that acknowledges Clark's exhaustive repetition.

Lance A. Ito

Ito notes the amusing regularity with which proceedings wrap up at exactly 4:30: 'IT'S AMAZING HOW THESE THINGS SORT OF WRAP UP RIGHT ABOUT 4:30.'

Credibility Attacks (1)

⚔ LAPD crime scene personnel (unnamed)

photographic inconsistency

Cochran used before-and-after laser disc frames to argue the glove's orientation changed and the cap moved between photographs, implying evidence was disturbed or planted rather than naturally displaced by body removal.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4825 • 88 utterances

Criminal Trial

Department 103