During Clark's opening statement, Cochran approached the bench to flag that she was stating facts as personal assertions rather than using proper 'the evidence will show' language. Clark acknowledged the lapse, and Judge Ito issued a caution. The exchange briefly turned testy when Clark preemptively accused Cochran of planning worse violations in his own opening.
# 1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:) # 2 THE COURT: WE ARE AT THE SIDE BAR.
# 3 MR. COCHRAN: WE KIND OF HAVE LIKE A LITTLE AGREEMENT SO I DIDN'T WANT TO OBJECT, BUT WHEN SHE GOES INTO THINGS ABOUT AMNIOCENTESIS, SHE IS TESTIFYING.
# 4 MS. CLARK: THAT IS WHAT THE EVIDENCE WILL SHOW.
# 5 THE COURT: WELL, YOU ARE SPEAKING OF IT IN TERMS OF YOU ARE TELLING THEM THIS.
# 6 MR. COCHRAN: YOU TOLD THEM THAT.
# 7 MS. CLARK: YOU NEED TO SAY WITNESSES WILL TELL YOU, THE EVIDENCE WILL SHOW THAT.
# 10 THE COURT: BLAH, BLAH, BLAH, BLAH, BLAH.
KEY QUOTE # 11 MS. CLARK: I FORGOT.
# 12 MR. COCHRAN: YOU PROBABLY FORGOT.
# 14 MR. COCHRAN: JUST REMEMBER THAT.
# 15 MS. CLARK: I'M SURE YOU ARE GOING TO DO FAR MORE OBJECTIONABLE THINGS IN YOUR OPENING ARGUMENT.
KEY QUOTE # 16 MR. COCHRAN: THAT IS NOT WHY WE ARE UP HERE.
# 17 MR. DARDEN: I DIDN'T AGREE TO ANYTHING.
KEY QUOTE # 18 MR. COCHRAN: I AM UP HERE TO BE A GENTLEMAN AND BRING IT TO YOUR ATTENTION AND SHE TURNS IT AROUND AND SAYS I'M GOING TO DO FAR MORE OBJECTIONABLE --
KEY QUOTE # 19 THE COURT: I MEAN IT ABSOLUTELY HONESTLY AND SINCERELY THAT I EXPECT THIS TO BE A VERY PROFESSIONAL --
# 20 MR. COCHRAN: IT WILL BE.
# 21 THE COURT: -- ENTERPRISE HERE.
# 22 MR. COCHRAN: WE WILL.
# 23 THE COURT: THANK YOU.
# 24 MR. DARDEN: WAS THAT OBJECTION SUSTAINED?
# 25 THE COURT: NO, IT IS A CAUTION. BE CAREFUL.