Lunch recess

📄 Lunch recess — Tuesday, January 24, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\24\LUNCH-RECESS.DOC

TRIAL

▲ Day 5 of 167

◀ Opening statement — Marcia Clark (morning) Opening statement — Marcia Clark (afternoon, part 1) ▶

Date: Tuesday, January 24, 1995 • Utterances: 34

The court takes a lunch recess and reconvenes for the afternoon session. Before the jury returns, Cochran raises concern that witness Rosa Lopez is being besieged by press outside her home and workplace, fearing she may lose her job; Darden joins in asking the media to leave witnesses alone. There is also a brief delay waiting for the prosecution's missing technical support staff before the jury is brought in.

# 1 THE COURT:

ALL RIGHT. ALL RIGHT. LADIES AND GENTLEMEN, WE'RE GOING TO TAKE OUR RECESS FOR THE LUNCH HOUR. MISS CLARK, COULD YOU TAKE THE POSTER DOWN, PLEASE?

# 2 MS. CLARK:

YES.

# 3 THE COURT:

THANK YOU. ALL RIGHT. LADIES AND GENTLEMEN, WE'RE GOING TO TAKE OUR RECESS FOR THE LUNCH HOUR. PLEASE REMEMBER MY ADMONITION TO YOU; DON'T DISCUSS THE CASE AMONGST YOURSELVES, FORM ANY OPINIONS ABOUT THE CASE, TALK TO ANYBODY ABOUT THE CASE OR ALLOW ANYBODY TO TALK TO YOU ABOUT IT. AND WE WILL SEE YOU BACK HERE AT 1:30. ALL RIGHT. HAVE A NICE LUNCH.

# 4 (AT 12:01 P.M., THE NOON RECESS WAS TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)

# 5 (JANET M. MOXHAM, CSR NO. 4855, OFFICIAL REPORTER.)

# 6 (CHRISTINE M. OLSON, CSR NO. 2378, OFFICIAL REPORTER.)

# 7 THE COURT:

ALL RIGHT. GOOD AFTERNOON, COUNSEL. IS THERE ANYTHING WE NEED TO ADDRESS BEFORE WE INVITE THE JURORS TO REJOIN US? MR. COCHRAN.

# 8 MR. COCHRAN:

JUST BRIEFLY, YOUR HONOR. THANK YOU. THANK YOU VERY KINDLY, YOUR HONOR, AND I WILL BE VERY BRIEF. THIS MORNING, YOUR HONOR, I HAVE RECEIVED SEVERAL CALLS REGARDING THE WITNESS ROSA LOPEZ AND AT NOON I SPOKE WITH HER PERSONALLY. SHE INDICATES SHE HAS BEEN BESIEGED BY INDIVIDUALS WHO ARE TRYING TO EITHER INTERVIEW HER, THE PRESS IS OUTSIDE OF HER HOUSE, SHE CAN'T GET OUT OF HER DRIVEWAY OR WHERE SHE WORKS. SHE IS VERY, VERY AFRAID THAT IN THESE HARSH ECONOMIC TIMES SHE MAY LOSE HER JOB. HER LAWYER, CARL JONES, HAS WRITTEN A LETTER ASKING, SHOULD THE PEOPLE WANT TO INTERVIEW HER, HE WILL ARRANGE IT AND NOT TO TRY TO COME ON HER JOB. SHE WORKS AS A HOUSEKEEPER. I DON'T KNOW WHAT THE COURT CAN DO ABOUT THE PRESS, BUT SHE WAS REALLY EXASPERATED WHEN I TALKED TO HER, AND PERHAPS THE COURT CAN APPEAL TO THE GOOD SIDE OF THE PRESS AND ASK THEM IF THEY WOULD GIVE HER SOME PRIVACY. SHE IS VERY, VERY CONCERNED ABOUT HERSELF AND HER FAMILY AND SHE FEELS IT IS UNFAIR. I THOUGHT I SHOULD BRING IT TO YOUR HONOR'S ATTENTION BECAUSE I GOT A CALL HERE -- SEVERAL CALLS HERE IN COURT.

# 9 THE COURT:

ALL RIGHT. MR. DARDEN, DO YOU HAVE SOME RESPONSIVE COMMENT ON THAT?

# 10 MR. DARDEN:

YES, YOUR HONOR, THANK YOU, AND I APPRECIATE MR. COCHRAN'S COMMENTS. I WOULD JUST LIKE TO INDICATE THAT WE HAVEN'T BEEN PART OF THE HARASSMENT, WE HAVEN'T ATTEMPTED TO CONTACT MISS LOPEZ, AS MR. DOUGLAS ALLUDED TO YESTERDAY, AND I WOULD JOIN IN MR. COCHRAN'S REQUEST THAT THIS WITNESS, AS OTHER WITNESSES IN THE CASE, NOT BE HARASSED BY THE MEDIA, BY THE PUBLIC. LEAVE THESE PEOPLE ALONE. IT IS NOT THEIR FAULT THAT THEY HAPPEN TO BE WITNESSES IN THE CASE OF PEOPLE VERSUS SIMPSON. AND WE WILL CONTACT MR. JONES AT THE PROPER TIME AND BEFORE WE ATTEMPT TO INTERVIEW MISS LOPEZ.

# 11 THE COURT:

ALL RIGHT.

# 12 MR. COCHRAN:

THANK YOU. WE JOIN AND AGREE ON SOMETHING, YOUR HONOR, AND WE WELCOME YOUR SUGGESTION TO THE PRESS IF YOU HAVE ONE.

KEY QUOTE

# 13 THE COURT:

I THINK IT GOES WITHOUT SAYING. ALL RIGHT. THANK YOU, COUNSEL.

# 14 MR. DARDEN:

BEFORE THE JURY COMES IN, YOUR HONOR, IF WE COULD HAVE A MOMENT?

# 15 THE COURT:

YES.

# 16 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 17 MR. DARDEN:

WE ARE MISSING SOMEONE, IF I COULD JUST STEP OUTSIDE FOR ONE MOMENT.

# 18 THE COURT:

SURE.

# 19 (BRIEF PAUSE.)

# 20 MS. CLARK:

MAY I USE THE PHONE, YOUR HONOR?

# 21 THE COURT:

I'M SORRY?

# 22 MS. CLARK:

MAY I USE THE PHONE?

# 23 THE COURT:

BRIEFLY.

# 24 MS. CLARK:

FOR THE SAME PURPOSE THAT MR. DARDEN IS GOING OUTSIDE.

# 25 THE COURT:

WHO ARE WE MISSING?

# 26 MS. CLARK:

OUR TECHNICAL SUPPORT.

# 27 THE COURT:

ALL RIGHT.

# 28 (BRIEF PAUSE.)

# 29 THE COURT:

ALL RIGHT. MISS CLARK, ARE WE READY TO PROCEED? ARE WE READY TO PROCEED?

# 30 MS. CLARK:

YES.

# 31 THE COURT:

ALL RIGHT. DEPUTY MAGNERA.

# 32 (BRIEF PAUSE.)

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

# 34 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. BE SEATED. LADIES AND GENTLEMEN, THANK YOU. BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS AGAIN PRESENT BEFORE THE COURT WITH HIS COUNSEL. THE PEOPLE ARE REPRESENTED. AND WE HAVE ALL THE MEMBERS OF OUR JURY PANEL AGAIN PRESENT WITH US. MISS CLARK, DO YOU WISH TO CONTINUE YOUR OPENING STATEMENT?

Temperature

procedural

Key Quotes (3)

Johnnie Cochran

SHE INDICATES SHE HAS BEEN BESIEGED BY INDIVIDUALS WHO ARE TRYING TO EITHER INTERVIEW HER, THE PRESS IS OUTSIDE OF HER HOUSE, SHE CAN'T GET OUT OF HER DRIVEWAY OR WHERE SHE WORKS.

Illustrates the intense media pressure on peripheral witnesses, particularly vulnerable ones like Lopez who worked as a housekeeper and feared losing her job.

Christopher Darden

LEAVE THESE PEOPLE ALONE. IT IS NOT THEIR FAULT THAT THEY HAPPEN TO BE WITNESSES IN THE CASE OF PEOPLE VERSUS SIMPSON.

Rare moment of prosecution and defense agreeing publicly; Darden explicitly distances the DA's office from any witness harassment.

Johnnie Cochran

WE JOIN AND AGREE ON SOMETHING, YOUR HONOR, AND WE WELCOME YOUR SUGGESTION TO THE PRESS IF YOU HAVE ONE.

Cochran notes the unusual cross-aisle agreement, inviting Ito to appeal to the press directly.

Notable Exchanges (2)

Johnnie Cochran•Christopher Darden

Both sides agree that Rosa Lopez is being unfairly harassed by the media and jointly request relief, with Cochran noting the unusual solidarity.

cooperative

Marcia Clark•Lance A. Ito

Clark requests to use the phone to track down missing technical support staff, causing a brief delay before the jury is brought in.

routine

Light Moments (1)

Marcia Clark

Clark asks to use the phone for 'the same purpose that Mr. Darden is going outside' — both scrambling to locate their missing tech support before resuming.

Objections

None recorded

Proceeding 4471 • 34 utterances

Criminal Trial

Department 103