Jury procedures

📄 Jury procedures — Wednesday, January 25, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\25\JURY-PROCEDURES.DOC

TRIAL

▲ Day 6 of 167

Date: Wednesday, January 25, 1995 • Utterances: 23

A brief administrative session held before the jury was brought in. Judge Ito outlined his plans to address the jury about a prior day's delay and announced his intention to periodically inspect jury facilities. The session also produced a minor dispute when Cochran revealed he intended to show the jury a mark on Simpson's middle finger, drawing a relevance objection from Darden.

# 1 (PAGES 11751 THROUGH 11755, VOLUME 75A, TRANSCRIBED AND SEALED UNDER SEPARATE COVER.)

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

# 3 THE COURT:

ALL RIGHT. LET'S SEE A WIDE STATIC SHOT.

# 4 THE COURT:

IS THAT AS WIDE AS YOU GO?

# 5 MR. BANCROFT:

YES. THAT WOULDN'T SHOW THE JURORS IF THE LAWYERS WERE THERE.

# 6 THE COURT:

ALL RIGHT. MR. DOUGLAS, IF I COULD ASK YOU TO TAKE THAT DOWN BECAUSE I NEED TO TALK TO THE JURORS JUST BRIEFLY.

# 7 MR. DOUGLAS:

VERY WELL.

# 8 THE COURT:

ALL RIGHT. BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS AGAIN PRESENT BEFORE THE COURT WITH HIS COUNSEL, MR. SHAPIRO, MR. COCHRAN, MR. SCHECK, MR. BAILEY, MR. DOUGLAS. THE PEOPLE ARE REPRESENTED BY MISS CLARK, MR. DARDEN AND MR. HODGMAN. THE JURY IS NOT PRESENT. COUNSEL, BEFORE WE RESUME WITH THE JURY, I THOUGHT I WOULD ADVISE YOU OF TWO THINGS:

I'M GOING TO ADVISE THE JURORS AS TO THE NATURE OF THE DELAY THAT WE HAD YESTERDAY, WHAT CAUSED IT, AND GIVE THEM MY REASSURANCES THAT THAT DIFFICULTY WILL NOT OCCUR AGAIN. ALSO TO ADVISE YOU THAT IT IS MY INTENTION FROM TIME TO TIME TO INSPECT THE JURY FACILITIES, EITHER ON THEIR HOLDING PEN UPSTAIRS OR AT THE FACILITY WHERE WE HAVE THEM HOUSED, TO MAKE SURE EVERYTHING IS OKAY, AND I WILL ADVISE YOU AHEAD OF TIME BEFORE I DO THAT, BUT JUST TO LET YOU KNOW I INTEND ON DOING THAT FROM TIME TO TIME. ALL RIGHT. DEPUTY MAGNERA, LET'S HAVE THE JURORS, PLEASE. I'M SORRY. MR. DARDEN.

# 9 MR. DARDEN:

BEFORE YOU BRING THE JURY OUT WOULD THE COURT CONSIDER AGAIN GIVING THE 1.02 INSTRUCTION INDICATING TO THE JURORS STATEMENTS OF COUNSEL --

# 10 THE COURT:

THAT IS PART OF MY STANDARD. NOT REREADING, BUT JUST REMINDING THEM OF THAT FACT.

# 11 MS. CLARK:

WITH REGARD TO THE EXHIBITION OF THE DEFENDANT'S KNEES, WOULD THE COURT ALSO ADVISE THE JURY THAT THAT EXHIBITION IS NOT EVIDENCE?

# 12 THE COURT:

THAT'S UNDERSTOOD AND I'M SURE MR. COCHRAN WILL MENTION THAT TO THE JURORS AT THE TIME HE THINKS THAT IS APPROPRIATE, AND HE HAS ALSO I'M SURE ADVISED THE STAFF AS TO WHEN THAT IS GOING TO HAPPEN.

# 13 MR. COCHRAN:

I MISSED THE LAST THING, YOUR HONOR.

# 14 THE COURT:

AS TO THE EXHIBITION OF THE KNEES.

# 15 MR. COCHRAN:

CERTAINLY, YOUR HONOR. IT IS NOT EVIDENCE.

# 16 THE COURT:

ALSO, THE FACT THAT YOU WILL HAVE TO GIVE THE BAILIFFS ADVANCE NOTICE.

# 17 MR. COCHRAN:

I HAVE TALKED TO DEPUTY MAGNERA, YOUR HONOR. WE ARE PREPARED ON THAT. YOUR HONOR, ONE THING, IF I COULD. THERE IS A MARK ON HIS MIDDLE FINGER ALSO.

# 18 THE COURT:

THE ONE THAT WAS DISPLAYED BY THE PROSECUTION YESTERDAY?

# 19 MR. COCHRAN:

YES.

# 20 MR. DARDEN:

THERE WILL BE A 352 OBJECTION TO THAT. WHAT IS THE RELEVANCE OF A SCAR ON HIS FINGER TODAY?

# 21 MR. COCHRAN:

OH, I THINK I WILL LINK IT UP, YOUR HONOR.

# 22 MR. DARDEN:

IS THAT AN OFFER OF PROOF, "I THINK I WILL LINK IT UP"?

KEY QUOTE

# 23 THE COURT:

IT IS AN OFFER OF PROOF. THANK YOU. LET'S HAVE THE JURORS, PLEASE.

KEY QUOTE

Temperature

procedural

Key Quotes (2)

Christopher Darden

IS THAT AN OFFER OF PROOF, "I THINK I WILL LINK IT UP"?

Darden pointedly mocks Cochran's vague justification for displaying Simpson's finger scar, highlighting the low threshold Cochran was offering as a proffer.

Lance A. Ito

IT IS AN OFFER OF PROOF. THANK YOU. LET'S HAVE THE JURORS, PLEASE.

Ito accepts Cochran's minimal proffer and moves on without ruling on the 352 objection, effectively allowing the display to proceed.

Evidence (2)

Informal

Exhibition of Simpson's knees — physical display to jury, not formal evidence

discussed; Clark requests jury be advised it is not evidence; Cochran confirms

Informal

Mark or scar on Simpson's middle finger

Cochran announces intent to display; Darden objects on relevance grounds

Notable Exchanges (1)

Christopher Darden•Johnnie Cochran

Darden objects under 352 to showing the jury a mark on Simpson's middle finger. Cochran's offer of proof — 'I think I will link it up' — draws Darden's sharp sarcasm. Ito accepts it and moves on.

strategic

Light Moments (1)

Christopher Darden

Darden sarcastically repeats Cochran's non-answer back to the court: 'Is that an offer of proof, "I think I will link it up"?'

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 4459 • 23 utterances

Criminal Trial

Department 103