Sidebar: crime scene photographs

📄 Sidebar: crime scene photographs — Tuesday, January 24, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\24\SIDEBAR-CRIME-SCENE-PHOTOGRAPH.DOC

TRIAL

▲ Day 5 of 167

◀ Opening statement — Marcia Clark (afternoon, part 1) Opening statement — Marcia Clark (afternoon, part 2) ▶

Date: Tuesday, January 24, 1995 • Utterances: 20

Judge Ito pulled the prosecution to sidebar to admonish Marcia Clark for displaying crime scene photographs of the victims — showing them lying in pools of blood — without giving him advance warning to cut the courtroom video feed. He was concerned the media cameras had already zoomed in and captured the images, which could end up in tabloids like the National Enquirer. Clark apologized and agreed to warn the judge before displaying sensitive materials in the future.

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

# 2 THE COURT:

WE ARE AT THE SIDE BAR. MISS CLARK, I EXPRESSED TO YOU MY DESIRE NOT TO PUBLICLY DISPLAY THE BODY OF THE VICTIM SO THAT THE NEWS MEDIA WOULD GET PICTURES OF THEM SO IT WOULD BE ON THE FRONT OF THE NATIONAL ENQUIRER LATER THIS WEEK, AND THE TELEVISION CAMERA WAS FOCUSED IN ON THOSE SMALL PHOTOGRAPHS ON THERE AND YOU DIDN'T GIVE ME ENOUGH WARNING TO TELL ME WHAT IT WAS SO I COULD CUT THAT.

# 3 MR. COCHRAN:

JUDGE, YOU MIGHT WANT TO SEE THIS.

# 4 MS. CLARK:

I'M SORRY.

# 5 MR. COCHRAN:

CAN YOU SEE THIS ONE? ARE YOU TALKING ABOUT THE ONE THAT IS UP THERE ALREADY?

# 6 THE COURT:

NO, THE -- FIRST OF ALL, THE CHART THAT YOU HAVE UP HAS PHOTOGRAPHS --

# 7 MR. SHAPIRO:

A PHOTOGRAPH ON THERE.

# 8 THE COURT:

-- OF THE VICTIMS LYING IN THESE POOLS OF BLOOD RESPECTIVELY.

# 9 MS. CLARK:

RIGHT.

# 10 THE COURT:

YOU CAN'T GIVE ME ENOUGH TIME TO TELL WHAT IT WAS SO I COULD CUT THE VIDEO FEED.

# 11 MS. CLARK:

I'M SORRY.

# 12 THE COURT:

AND THE PROBLEM IS, THEY CAN ZOOM IN ON THOSE THINGS AND BLOW THEM UP AND NOW THEY'VE GOT THEM, SO I'M JUST ASKING YOU TO GIVE ME A LITTLE MORE HEADS UP BEFORE YOU DO THAT SO I CAN CUT THE CAMERA.

# 13 MS. CLARK:

YEAH.

# 14 THE COURT:

ALL RIGHT. AS SOON AS I SAW WHAT IT WAS, I CUT THE CAMERA, BUT I THINK IT IS TOO LATE BECAUSE THEY ONLY NEED THREE SECONDS.

# 15 MS. CLARK:

I'M SORRY, YOUR HONOR. IT IS A LOT TO THINK ABOUT.

KEY QUOTE

# 16 THE COURT:

I KNOW, BUT PLEASE.

# 17 MS. CLARK:

I AGREE. I AGREE. WHAT DO WE DO NOW?

# 18 THE COURT:

WELL, WE LOST IT. IT IS GONE. I MEAN, I CAN'T STOP IT. YOU KNOW, 186,000 MINUTES PER SECOND. I MEAN IT IS GONE. BUT JUST LET ME KNOW IF SOMETHING ELSE IS COMING UP.

KEY QUOTE

# 19 MS. CLARK:

THAT IS IT. I WILL JUST TELL YOU THIS BOARD I'M GOING TO USE, AND IF I PICK IT UP AGAIN I WILL SAY I'M GOING TO PICK IT UP AGAIN.

# 20 THE COURT:

ALL RIGHT.

Temperature

tense

Key Quotes (3)

Lance A. Ito

I EXPRESSED TO YOU MY DESIRE NOT TO PUBLICLY DISPLAY THE BODY OF THE VICTIM SO THAT THE NEWS MEDIA WOULD GET PICTURES OF THEM SO IT WOULD BE ON THE FRONT OF THE NATIONAL ENQUIRER LATER THIS WEEK

Reveals the judge's specific concern: tabloid exploitation of crime scene imagery, not just courtroom decorum.

Lance A. Ito

WE LOST IT. IT IS GONE. I MEAN, I CAN'T STOP IT. YOU KNOW, 186,000 MINUTES PER SECOND. I MEAN IT IS GONE.

Ito's frustrated acknowledgment that the image is already out — a telling moment about the limits of judicial control over media in a televised trial. (Note: he likely meant miles per second, referencing the speed of light/signal.)

Marcia Clark

I'M SORRY, YOUR HONOR. IT IS A LOT TO THINK ABOUT.

Clark's candid admission of the cognitive load of managing a complex trial presentation while also policing media concerns in real time.

Evidence (1)

Informal

Chart or board containing small photographs of the victims lying in pools of blood at the crime scene

displayed during prosecution presentation; captured by courtroom cameras before judge could cut the feed

Notable Exchanges (1)

Lance A. Ito•Marcia Clark

Ito explained that cameras can zoom into small photographs and blow them up, meaning he only needed three seconds of footage to capture the images permanently. Clark agreed to give advance warning before displaying the board again.

tense but resolved

Objections

None recorded

Proceeding 4473 • 20 utterances

Criminal Trial

Department 103