📄 Administrative matters — Friday, January 13, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JAN\13\ADMINISTRATIVE-MATTERS.DOC
TRIAL
▲ Day 3 of 167

Administrative matters

Date: Friday, January 13, 1995 • Utterances: 10
During what was nominally a recess announcement, Cochran delivered a lengthy, impassioned floor speech responding to Chris Darden's earlier remarks about African American jurors and the n-word. Cochran accused Darden of being an 'apologist' for Mark Fuhrman, defended the defense's right to vigorously cross-examine Fuhrman, and put the prosecution on notice that additional damaging information about Fuhrman was being gathered daily. The judge set a 1:45 pm resumption time.
1 MR. COCHRAN:

MAY I SAY A WORD BEFORE?

2 THE COURT:

I WAS ABOUT TO SAY WE ARE GOING TO STAND IN RECESS.

3 MR. COCHRAN:

I WOULD LIKE TO SAY OR START AT THIS POINT.

4 THE COURT:

ALL RIGHT.

5 MR. COCHRAN:

THANK YOU VERY MUCH, JUDGE ITO. I HAVE A FUNERAL TO ATTEND TODAY, BUT THERE IS FEW THINGS IN LIFE MORE IMPORTANT THAN ATTENDING THE FUNERAL OF SOMEONE WHO IS DEPARTED WHERE YOU HAVE BEEN ASKED TO SPEAK, BUT I WOULD BE REMISS WERE I NOT AT THIS TIME TO TAKE THIS OPPORTUNITY TO RESPOND TO MY GOOD FRIEND, MR. CHRIS DARDEN. HIS REMARKS THIS MORNING ARE PERHAPS THE MOST INCREDIBLE REMARKS I'VE HEARD IN A COURT OF LAW IN THE 32 YEARS I HAVE BEEN PRACTICING LAW. HIS REMARKS ARE DEMEANING TO AFRICAN AMERICANS AS A GROUP. AND SO I WANT, BEFORE I GO TO THIS FUNERAL, TO APOLOGIZE TO AFRICAN AMERICANS ACROSS THIS COUNTRY. NOT EVERY AFRICAN AMERICAN FEELS THAT WAY. IT IS DEMEANING TO OUR JURORS TO SAY THAT AFRICAN AMERICANS WHO HAVE LIVED UNDER OPPRESSION FOR 200 PLUS YEARS IN THIS COUNTRY CANNOT WORK WITHIN THE MAINSTREAM, CANNOT HEAR THESE OFFENSIVE WORDS. AFRICAN AMERICANS LIVE WITH OFFENSIVE WORDS, OFFENSIVE LOOKS, OFFENSIVE TREATMENT EVERY DAY OF THEIR LIVES, BUT YET THEY STILL BELIEVE IN THIS COUNTRY. AND TO SAY THAT OUR JURORS, BECAUSE THEY HEAR THIS OFFENSIVE WORD -- EVERY DAY THAT PEOPLE CALL, THAT THEY INTERACT WITH PEOPLE, WE HAVE HEARD THIS IN THE QUESTIONNAIRES -- TO SAY THEY CAN'T BE FAIR IS ABSOLUTELY OUTRAGEOUS FOR THE PROSECUTION TO STAND HERE AND OVER THE LAST COUPLE OF DAYS TO PRESENT CHARACTER ASSASSINATION AGAINST THIS MAN, UNFOUNDED, BOGUS CHARGES AFTER CHARGE AFTER CHARGE, THEN TO WITHDRAW SEVENTEEN OF THOSE CHARGES, FOR THEM TO HAVE THE TEMERITY, THE UNMITIGATED GALL TO COME INTO THIS COURTROOM AND TALK ABOUT FAIRNESS. WHAT WE ARE GOING TO BE TALKING ABOUT THIS AFTERNOON, YOUR HONOR, IS WORDS OUT OF THE MOUTH OF MARK FUHRMAN. WHAT I WANT TO SHARE WITH YOU ARE THE THINGS THAT THIS MAN SAID, NOT WHAT WE MADE UP, WHAT HE SAID, WHAT HE TOLD PEOPLE. AND I AM ASHAMED THAT MR. DARDEN WOULD ALLOW HIMSELF TO BECOME AN APOLOGIST FOR THIS MAN, TO JUSTIFY THE FACT HE IS A POLICE OFFICER. BEING A POLICE OFFICER IS TOUGH. BEING A LAWYER IS TOUGH. BEING A JUDGE IS TOUGH. THAT DOESN'T MAKE YOU USE RACISM. YOU CAN'T JUSTIFY THAT IN A CIVILIZED SOCIETY. TO TRY AND PRETEND THAT RACISM DOESN'T EXIST IN THIS COUNTRY IS TO BURY ONE'S HEAD IN THE SAND. IT IS THE HEIGHT OF NAIVETE. NOBODY WANTS TO INTRODUCE RACE INTO THIS CASE, YOUR HONOR, BUT AS MR. DARDEN HAS POINTED OUT, RACE PLAYS A PART OF EVERYTHING IN AMERICA. WHAT HAS HAPPENED WITH AFRICAN AMERICANS, WE HAVE TRIED TO RISE ABOVE THAT BECAUSE WE UNDERSTAND THAT THERE ARE RACISTS IN THIS COUNTRY, BUT YET WE STILL LOVE THIS COUNTRY BECAUSE WE HAVE HELPED BUILD THIS COUNTRY, SO I AM PROUD TO BE AN AFRICAN AMERICAN. BUT I DON'T WEAR THAT. I AM ALSO A LAWYER. I AM A LAWYER WHO HAPPENS TO BE AN AFRICAN AMERICAN, BUT I WILL NOT ALLOW MYSELF TO BE USED UNDER THESE CIRCUMSTANCES TO BECOME AN APOLOGIST FOR PEOPLE WHO USE RACIST STATEMENTS IN THE PAST, TO MALIGN OTHER AFRICAN AMERICANS, TO SAY THAT I'M SOME EXPERT TO COME HERE AND TESTIFY AS AN EXPERT AS TO WHAT BLACK PEOPLE THINK IN AMERICA. ALL ACROSS AMERICA TODAY, BELIEVE ME, BLACK PEOPLE ARE OFFENDED AT THIS VERY MOMENT, AND SO I HAVE TO SAY THIS WAS UNCALLED FOR, IT IS UNWARRANTED AND MOST UNFORTUNATE FOR SOMEBODY THAT I HAVE A LOT OF RESPECT FOR -- AND PERHAPS HE HAS BECOME TOO EMOTIONAL ABOUT THIS. BUT LET'S STEP BACK AND SEE WHAT WE ARE TALKING ABOUT HERE. WHAT THE PROSECUTION SEEKS TO DO, YOUR HONOR, IS TO PRESCRIBE THE DEFENSE. IF YOU LISTEN CAREFULLY TO MISS LEWIS, AND SHE DID A FINE JOB THIS MORNING, IT WAS ALMOST AS THOUGH SHE SWITCHED PLACES WITH DEAN UELMEN. SHE TALKED TO YOUR HONOR ABOUT INCIDENTS THAT WERE TOO OLD, THE INCIDENTS -- THAT YOU WOULD HAVE TO TRY THESE INCIDENTS SEPARATELY, YOU WOULD HAVE THESE SEPARATE TRIALS, HOW UNFAIR IT WOULD BE TO THE PEOPLE. THEY DIDN'T WORRY ABOUT THAT WHEN THEY PUT OUT THIS LAUNDRY LIST OF 50 INCIDENTS GOING BACK SEVENTEEN YEARS TO TRY AND MALIGN THIS MAN. WHY WOULD THEY DO THAT? OUR JURY IS SEQUESTERED. WHY DO THEY DO THAT? BECAUSE THEY WANTED TO SHAPE PUBLIC OPINION. WHATEVER MERIT THEY GOT IN THE LAST TWO DAYS, THEY ALWAYS HAVE A WAY OF SELF-DESTRUCTING. THEY WIPED IT ALL AWAY TODAY BY THEIR CONDUCT AND YOU WILL SEE THAT. THE JURY WILL BE IN ON THAT FACT, NOT OUR JURY, THE JURY THEY HAVE BEEN TRYING TO COURT, THE JURY OF PUBLIC OPINION, BY THAT VERY OFFENSIVE SPEECH THAT WE'VE HEARD. NOW, IN THIS REMARK -- AND WHAT WE ARE TRYING TO DO HERE TODAY, ALL WE ARE TRYING TO DO IS TAKE A WITNESS WHO IS A WITNESS OF THE PROSECUTION. YOUR HONOR, WE DIDN'T CREATE MARK FUHRMAN. WE TAKE WITNESSES THE WAY WE FIND THEM. WE DIDN'T TELL HIM TO GO TO THE DOCTOR AND SAY ALL THOSE THINGS THAT I WILL SHARE WITH YOU THIS AFTERNOON. WE DIDN'T TELL HIM TO SAY THOSE THINGS IN FRONT OF KATHLEEN BELL. WE DIDN'T TELL HIM TO GET INVOLVED IN THE SHOOTING WITH MR. BRITTON. AND I WANT TO TAKE THIS OPPORTUNITY TO PUT THE PROSECUTION ON NOTICE THAT AS THEY ARE CONTINUING THEIR INVESTIGATION OF MR. SIMPSON, WE ARE DAILY GETTING ADDITIONAL INFORMATION ABOUT MR. FUHRMAN, AND THEY SHOULD BE NOTICED THAT IF THERE IS ADDITIONAL INFORMATION COMING, WE WILL GIVE IT TO THEM AS WE GET IT, AND THEY SHOULD BE VERY MUCH AWARE OF THAT. AND SO YOUR HONOR, I HOPE I HAVE INITIALLY EXPRESSED HOW I FEEL ABOUT THIS. IT IS HARD TO REMAIN CALM IN THE FACE OF WHAT WE HAVE JUST HEARD, ESPECIALLY WHEN ONE HAS DEDICATED ONE'S LIFE TRYING TO RISE ABOVE RACISM, TO TRY ACT IN A PROFESSIONAL MANNER AT ALL TIMES. YOU ARE TRYING NOT TO INTERJECT ONE'S PERSONAL FEELINGS. AND SO WHEN HE TALKS ABOUT MR. COCHRAN IS GOING TO DO THIS, HE DOESN'T KNOW WHAT WE ARE GOING TO DO. ALL WE ARE GOING TO DO IS CONDUCT THIS CASE FAIRLY AND HONESTLY. AND THE FINAL THING I WOULD LIKE TO SAY BEFORE WE TAKE OUR BREAK, YOUR HONOR, IT SEEMS TO ME SOMEBODY NEEDS TO SAY TO THESE PROSECUTORS THAT THE FACT THAT THEY ARE PROSECUTORS DOESN'T MEAN THEY ARE ALWAYS RIGHT. THEY DON'T HAVE ANY PRIORITY ON THE TRUTH. AND THE ARROGANCE THEY HAVE EACH SHOWN IN STANDING UP HERE AND TALKING ABOUT THIS MOUNTAIN OF EVIDENCE AND THEN COME WHINING BACK TO YOU SAYING, WELL, GEE, WE CAN'T GET A FAIR TRIAL BECAUSE JURORS ARE GOING TO BE THROWN OFF BY ONE WORD, HOW PREPOSTEROUS IS THAT? YOU WILL NOT BE SWAYED BY THAT. AND IT SEEMS TO ME THAT PROFESSIONAL LAWYERS DON'T TALK IN TERMS OF WE'VE GOT ALL THIS EVIDENCE AGAINST HIM, THEY WITHDRAW IT THE NEXT DAY. THEY ARE MOUTHING. IF THEY'VE GOT SO MUCH EVIDENCE, LET THEM PRODUCE IT IN COURT AND STOP TALKING ABOUT IT AND LET'S ALL PLAY BY THE RULES, LET'S PLAY BY THE FAIR RULES HERE. AND ALL WE WANT TO DO IS HAVE OUR FAIR OPPORTUNITY. THEY, YOUR HONOR, DO NOT HAVE A RIGHT TO PRESCRIBE OUR CROSS-EXAMINATION AND WHAT THEY WOULD DO OUT OF TACTICS IS MARK FUHRMAN HAS BEEN A CENTRAL PERSON IN THIS CASE, BUT IN LISTENING TO IT THIS MORNING, YOUR HONOR, ALL OF A SUDDEN HE IS A VERY, VERY MINOR PLAYER IN THIS CASE. THEY WOULDN'T EVEN CALL HIM IF THEY DON'T WANT TO. THEY DON'T WANT TO CALL DR. GOLDEN. BUT YOUR HONOR, THEY ARE LEFT AND STUCK WITH THESE WITNESSES. WE DIDN'T CREATE THEM. AND WE HAVE AN OPPORTUNITY AND A DUTY TO VIGOROUSLY CROSS-EXAMINE. WHEN WE RETURN THIS AFTERNOON I WILL ASK LEAVE OF COURT TO CONTINUE MY REMARKS AND SHARE THEM WITH DEAN UELMEN. I APPRECIATE YOUR ALLOWING ME TO DO THIS BEFORE I ASK LEAVE TO GO TO THE FUNERAL.

6 THE COURT:

ALL RIGHT. COUNSEL, WE WILL STAND IN RECESS, ANTICIPATED RESUME -- MR. COCHRAN, HOW DOES 1:45 SOUND?

7 MR. COCHRAN:

1:45 WILL BE BETTER, JUDGE.

8 THE COURT:

MR. COCHRAN.

9 MR. GORDON:

CAN WE APPROACH ON THE NOTEBOOKS?

10 (BRIEF PAUSE.)

Temperature

heated

Key Quotes (4)

Johnnie Cochran
HIS REMARKS ARE DEMEANING TO AFRICAN AMERICANS AS A GROUP. AND SO I WANT, BEFORE I GO TO THIS FUNERAL, TO APOLOGIZE TO AFRICAN AMERICANS ACROSS THIS COUNTRY.
Cochran frames Darden's argument about juror sensitivity to the n-word as an attack on African Americans broadly, escalating the stakes of the Fuhrman tape dispute.
Johnnie Cochran
I AM ASHAMED THAT MR. DARDEN WOULD ALLOW HIMSELF TO BECOME AN APOLOGIST FOR THIS MAN, TO JUSTIFY THE FACT HE IS A POLICE OFFICER.
A direct, personal rebuke of a fellow Black attorney — the most pointed interpersonal attack in the speech.
Johnnie Cochran
NOBODY WANTS TO INTRODUCE RACE INTO THIS CASE, YOUR HONOR, BUT AS MR. DARDEN HAS POINTED OUT, RACE PLAYS A PART OF EVERYTHING IN AMERICA.
Cochran simultaneously disclaims and embraces the race argument — a rhetorical pivot that became central to the defense's framing.
Johnnie Cochran
I WANT TO TAKE THIS OPPORTUNITY TO PUT THE PROSECUTION ON NOTICE THAT AS THEY ARE CONTINUING THEIR INVESTIGATION OF MR. SIMPSON, WE ARE DAILY GETTING ADDITIONAL INFORMATION ABOUT MR. FUHRMAN.
A strategic warning that more Fuhrman material was coming — foreshadowing the tape revelations.

Evidence (1)

Informal
Fuhrman's statements to a doctor, statements to Kathleen Bell, and involvement in a shooting with a Mr. Britton
previewed by Cochran as forthcoming cross-examination material

Notable Exchanges (2)

Johnnie CochranLance A. Ito
Cochran addresses the judge as 'Judge Ito' — either a slip or deliberate — then negotiates a 1:45 pm resumption time, citing a funeral he must attend.
procedural, with an undercurrent of tension
Scott GordonLance A. Ito
Gordon asks to approach regarding 'the notebooks' immediately after Cochran finishes, suggesting ongoing evidentiary disputes in parallel.
procedural

Credibility Attacks (2)

⚔ Mark Fuhrman
prior statements and prior conduct
Cochran previews forthcoming cross-examination material: statements Fuhrman made to a doctor, statements to Kathleen Bell, and an incident involving a shooting with Mr. Britton.
⚔ Chris Darden
character and professional judgment
Cochran publicly accuses Darden of becoming an 'apologist' for a racist and suggests he has become 'too emotional' — a personal attack framed as professional concern.

Witness Demeanor

(BRIEF PAUSE.)

Objections

None recorded
Proceeding 4395 • 10 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JAN 13, 1995 📄 Administrative matters
JAN 13, 1995 KRT DvH TD