📄 Video broadcast incident — Tuesday, January 24, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JAN\24\VIDEO-BROADCAST-INCIDENT.DOC
TRIAL
▲ Day 5 of 167

Video broadcast incident

Date: Tuesday, January 24, 1995 • Utterances: 18
Judge Ito announced that a television camera had broadcast footage of the alternate jurors in violation of Rule 980, and declared he was terminating all TV coverage of the trial. Shapiro pleaded for the court to at least allow the defense opening statement to air, arguing fairness to Simpson's reputation. Ito expressed deep frustration with the media but acknowledged the fairness dilemma before calling a recess and summoning media attorney Kelli Sager for the next morning.
1 THE COURT:

COUNSEL, BACK ON THE RECORD, PLEASE. LET'S HAVE IT QUIET IN THE COURTROOM, PLEASE. BACK ON THE RECORD IN THE SIMPSON MATTER. ALL PARTIES ARE AGAIN PRESENT. THE JURY IS NOT PRESENT. COUNSEL, I WANT TO BRING TO YOUR ATTENTION TWO MATTERS. FIRST OF ALL, NOW THAT WE ACTUALLY HAVE A JURY IMPANELED AND HEARING THE CASE, I URGE COUNSEL NOT TO USE THE REST ROOM FACILITIES IN THE JURY ROOM BECAUSE OF THE POSSIBILITY OF BEING IN THERE AT THE SAME TIME, WHICH IS NOT APPROPRIATE. THE SECOND MATTER IS MUCH MORE SIGNIFICANT. IT WAS BROUGHT TO MY ATTENTION OVER THE RECESS THAT A TELEVISION FEED WAS SENT OUT OF THIS COURTROOM WHICH INCLUDED A VIEW OF OUR ALTERNATE JURORS, WHICH IS A DIRECT VIOLATION OF RULE 980. AND I HAVE NOW CUT THE VIDEO FEED GOING OUT OF THE COURTROOM. THAT IS A DIRECT VIOLATION OF 980 AND I'M GOING TO TERMINATE THE TELEVISION COVERAGE AS A RESULT OF THAT.

2 MR. SHAPIRO:

YOUR HONOR, MAY I BE HEARD?

3 THE COURT:

YES. MR. SHAPIRO.

4 MR. SHAPIRO:

YOUR HONOR, WE --

5 THE COURT:

I MIGHT ADD, THE VIDEO SIGNAL WENT OUT, THE PERSON OPERATING THE DELAY DEVICE DID NOT CUT THE VIDEO FEED AFTER THAT WENT OUT AND IT WAS BROADCAST TO THE PUBLIC. SO BOTH THE CAMERA OPERATOR MADE AN ERROR AND THE PERSON ON THE DELAY BOX MADE AN ERROR, AND I INDICATED TO ALL PARTIES THAT IF THIS WOULD OCCUR, THEN I WOULD TERMINATE THE TELEVISION COVERAGE.

6 MR. SHAPIRO:

YOUR HONOR, WE SHARE THE COURT'S CONCERN AND ESPECIALLY VIOLATING SOMETHING AS BASIC AS SHOWING THE JURORS, WHICH THE COURT HAS OVEREMPHASIZED TIME AND TIME AGAIN.

7 THE COURT:

I MIGHT ADD THAT I VIEWED THE VIDEOTAPE OF IT. SO --

8 MR. SHAPIRO:

AND WE ARE EQUALLY CONCERNED AND DO NOT WISH TO ADDRESS THAT ISSUE ANY FURTHER. HOWEVER, WE ARE REPRESENTING A MAN WHOSE LIFE IS AT STAKE IN THIS TRIAL AND WE BELIEVE THAT THE EVIDENCE WILL SHOW THAT HE IS WRONGLY CHARGED. AND, THEREFORE, HIS LIFE AFTER THIS TRIAL IN THE WORLD OF PUBLIC OPINION IS ALSO AT STAKE. AND IN FAIRNESS TO MR. SIMPSON, TO HIS MOTHER, HIS SISTERS, HIS CHILDREN, WHO ARE HERE, HIS FRIENDS AND SUPPORTERS WORLDWIDE, I THINK IT WOULD BE TREMENDOUSLY UNFAIR TO HAVE THE WORLD SEE THE OPENING STATEMENTS OF THE PROSECUTION AND NOT SEE THE OPENING STATEMENTS ON BEHALF OF MR. SIMPSON. SO WE WILL NOT OBJECT TO THE COURT TERMINATING THE TELEVISION COVERAGE AS THE COURT HAS INDICATED, BUT WE WOULD SINCERELY ASK YOUR HONOR TO RECONSIDER BECAUSE OF THE EFFECT THIS WILL HAVE ON MR. SIMPSON, ON THE PRESUMPTION OF INNOCENCE AND ON HIS LIFE AFTER THIS CASE AND IF IN FACT HE IS RENDERED INNOCENT OF THESE CHARGES. AND ON BEHALF OF MR. SIMPSON AND HIS FAMILY, WE ASK YOUR HONOR, PLEASE, TO AIR OUR OPENING STATEMENT ALSO. AFTER THAT, WE WILL SHARE THE COURT'S VIEW OF THE ISSUE.

9 THE COURT:

PEOPLE, ANY COMMENT?

10 MS. CLARK:

WELL, YOUR HONOR, THE IMPORTANT PEOPLE TO HEAR FROM BOTH SIDES IS THE JURY. THEY'RE THE ONES THAT MATTER HERE. THE DEFENDANT WILL HAVE HIS OPENING STATEMENT HEARD BY THE PEOPLE WHO WILL VOTE ON THE ISSUE OF GUILT OR INNOCENCE, AND THAT IS WHAT COUNTS. THE RADIO IS ALLOWED TO I UNDERSTAND BROADCAST IT; IS THAT CORRECT? THE AUDIO FEED IS NOT TURNED ON; IS THAT -- THAT'S A QUESTION. I DON'T KNOW THE ANSWER TO -- I'M ASKING. WE HAVE PRINT MEDIA HERE. WE HAVE REPORTERS HERE, ALL OF WHOM WILL BE ABLE TO PRINT IN A WORD-BY-WORD BASIS EVERYTHING THAT IS SAID BY COUNSEL. BUT WE ARE NOT PLAYING TO THE WORLD HERE, YOUR HONOR. WE'RE PLAYING TO THE JURY. THE JURY IS THE ONE THAT HAS TO HEAR EVERYTHING, AND THEY WILL WHETHER THE COURT CUTS THE FEED OR NOT. BUT WE DO -- THE PRESS IS PRESENT IN FULL FORCE AND THEY WILL BE HERE TO REPORT EVERYTHING THAT'S SAID.

11 THE COURT:

WELL, OBVIOUSLY THIS IS AN UNUSUAL SITUATION. I'M NOT AWARE OF ANY OTHER COURT THAT'S BEEN PLACED IN THIS CIRCUMSTANCE WITH THIS PARTICULAR TYPE OF DILEMMA. I CAN'T BEGIN TO TELL YOU MY CONCERN AND MY DISAPPOINTMENT WITH THE ELECTRONIC NEWS MEDIA FOR THEIR INABILITY TO FOLLOW A VERY FUNDAMENTAL AND BASIC RULE. AND BEFORE MR. SHAPIRO RAISED THE CONCERN THAT MR. SIMPSON HAS, THERE'S A FUNDAMENTAL QUESTION OF FAIRNESS TOO AS FAR AS HIS REPUTATION IS CONCERNED. I'M VERY COGNIZANT OF HIS INTEREST IN PRESERVING AS MUCH AS HE CAN OF HIS REPUTATION UNDER THE CIRCUMSTANCES. THIS IS A VERY UNUSUAL SITUATION I FIND MYSELF IN. ON THE ONE HAND, I'VE MADE IT VERY CLEAR TO THE NEWS MEDIA THAT IF THERE'S A VIOLATION OF RULE 980, THAT THEY WOULD LOSE THEIR PRIVILEGE IN THIS COURTROOM. THEY HAVE DEMONSTRATED AN INABILITY TO COMPLY WITH THE COURT'S ORDER. SO MY INCLINATION IS TO TERMINATE ALL TELEVISION COVERAGE AT THIS POINT.

12 MR. SHAPIRO:

YOUR HONOR, MAY I BE HEARD BRIEFLY AGAIN?

13 THE COURT:

NO. I THINK I UNDERSTAND WHAT THE ISSUES ARE. I DON'T THINK EMBELLISHING ON ANY OF THIS IS GOING TO HELP ME ON THIS DECISION. ON THE ONE HAND, I HAVE MY CREDIBILITY AS A JUDGE AT STAKE. BUT I TOLD THEM THIS WAS GOING TO HAPPEN IF THEY VIOLATED MY ORDER. I ALSO HAVE TO BALANCE FAIRNESS TO YOUR CLIENT CERTAINLY IN MAKING A DECISION. OUR FRIENDS IN THE NEWS MEDIA, THANK YOU. ALL RIGHT. LET'S TAKE A RECESS. IN FACT, I'M GOING TO TAKE A RECESS FOR THE REST OF THE DAY. THIS IS UNBELIEVABLE. WE'LL STAND IN RECESS. I WANT KELLI SAGER HERE AT 8:30.

14 MR. DARDEN:

WHAT ABOUT THE JURY?

15 (BRIEF PAUSE.)
16 THE COURT:

I NEED TO ADMONISH THE JURY BEFORE I LET THEM LOOSE.

17 THE BAILIFF:

DO YOU WANT THE JURY OUT NOW?

18 THE COURT:

YES, PLEASE.

Temperature

tense

Key Quotes (4)

Lance A. Ito
I CAN'T BEGIN TO TELL YOU MY CONCERN AND MY DISAPPOINTMENT WITH THE ELECTRONIC NEWS MEDIA FOR THEIR INABILITY TO FOLLOW A VERY FUNDAMENTAL AND BASIC RULE.
Captures Ito's signature impatience with media; his frustration drove the decision to pull the plug on TV coverage entirely.
Robert Shapiro
WE ARE REPRESENTING A MAN WHOSE LIFE IS AT STAKE IN THIS TRIAL... HIS LIFE AFTER THIS TRIAL IN THE WORLD OF PUBLIC OPINION IS ALSO AT STAKE.
Shapiro's argument reframes the TV coverage question as a matter of fairness and public perception, not just logistics — appealing to the judge's stated concern for Simpson's reputation.
Marcia Clark
WE ARE NOT PLAYING TO THE WORLD HERE, YOUR HONOR. WE'RE PLAYING TO THE JURY.
Clark cuts through Shapiro's public-opinion argument by refocusing on the actual forum that matters — a sharp, effective counter.
Lance A. Ito
THIS IS UNBELIEVABLE. WE'LL STAND IN RECESS. I WANT KELLI SAGER HERE AT 8:30.
Ito's exasperation boils over; summoning the media coalition's attorney signals a formal legal reckoning is coming.

Notable Exchanges (2)

Lance A. ItoRobert Shapiro
Shapiro attempted to speak a second time after Ito had already signaled his decision; Ito cut him off with 'NO. I THINK I UNDERSTAND WHAT THE ISSUES ARE,' refusing further argument.
tense
Lance A. ItoMarcia Clark
Clark declined to advocate for keeping TV coverage, instead pivoting to note that print media and radio remained available — a pragmatic non-intervention that left Shapiro's plea unanswered.
strategic

Light Moments (1)

Christopher Darden
Christopher Darden's quiet interjection — 'WHAT ABOUT THE JURY?' — after Ito declared a recess for the rest of the day, apparently the only person in the room thinking practically about the jurors still waiting.

Witness Demeanor

(BRIEF PAUSE.) — following Darden's question about the jury

Objections

None recorded
Proceeding 4496 • 18 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JAN 24, 1995 📄 Video broadcast incident
JAN 24, 1995 KRT DvH TD