Sidebar: analysis report

📄 Sidebar: analysis report — Wednesday, January 25, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\25\SIDEBAR-ANALYSIS-REPORT.DOC

TRIAL

▲ Day 6 of 167

◀ Opening statement — Johnnie Cochran (part 6) Opening statement — Johnnie Cochran (part 7) ▶

Date: Wednesday, January 25, 1995 • Lines: 14

Marcia Clark objected at the bench that defense counsel's display of a single line from Gray Matheson's report was misleading because, she alleged, the next line qualified that the marker degrades quickly, especially in liquid pools of blood, and could be Nicole Brown's. Ito overruled the objection, finding that the parties had an opportunity to litigate the matter and ruling that any defect had been waived.

# 1 MS. CLARK:

I WOULD LIKE TO APPROACH, YOUR HONOR.

# 2 THE COURT:

DO YOU NEED THE REPORTER?

# 3 MS. CLARK:

YES.

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

# 5 THE COURT:

MR. HODGMAN.

# 6 MS. CLARK:

SORRY, YOUR HONOR. I WAS TRYING TO READ IT ON THE SCREEN. THE OBJECTION IS TO THIS PASSAGE. I THOUGHT COUNSEL WAS GOING TO USE THE ENTIRE PARAGRAPH. IT'S VERY MISLEADING. THE VERY NEXT LINE IS A QUALIFIER. WHAT COUNSEL HAS DONE IS EXCERPTED -- YEAH. WHAT COUNSEL HAS DONE IS EXCERPTED ONE LINE FROM THE REPORT THAT WOULD APPEAR TO EXCLUDE NICOLE BROWN WHEN IN FACT WHAT GRAY MATHESON STATED IS, THIS MARKER DEGRADES QUICKLY, ESPECIALLY IN LIQUID POOLS OF BLOOD AND THAT IT COULD BE HERS, BUT THAT THE MARKER DEGRADES QUICKLY.

# 7 THE COURT:

HERE'S THE PROBLEM. WE HAD TWO DAYS OF SHOW AND TELL FOR THIS PURPOSE.

# 8 MS. CLARK:

I UNDERSTAND. I THOUGHT HE WAS GOING TO SHOW THE ENTIRE PARAGRAPH.

# 9 MR. SCHECK:

I SAW THE ACTUAL REPORT. THE FACT OF THE MATTER IS --

# 10 THE COURT:

NO. ONE PERSON.

# 11 MR. COCHRAN:

JUDGE, AS THE COURT INDICATES, WE HAD TWO DAYS OF THIS. WE ACTUALLY WENT THROUGH AND SHOWED THEM EVERYTHING THAT WE HAD. AND NOW WE'RE HERE LIKE LAST TIME. THEY WANT TO LITIGATE EVERYTHING. MISS CLARK DIDN'T NOTICE IT. THE YOUNG MAN, MR. GOLDBERG, CAME RUNNING UP SAYING THOSE THINGS. WE ARE JUST TRYING TO PROCEED. WE'RE DOING WHAT WE TALKED ABOUT DOING, JUDGE. WE'RE TRYING TO. THEY'RE OBJECTING TO EVERYTHING THAT YOU'VE ALREADY RULED ON. THEY JUST GOT ON ME ABOUT THAT ONE MINUTE AGO, AND I SHUT UP.

# 12 THE COURT:

ALL RIGHT.

# 13 MS. CLARK:

YOUR HONOR, I APOLOGIZE TO THE COURT, BUT I THOUGHT WHAT I REMEMBERED WAS THAT HE WAS GOING TO SHOW THE ENTIRE PARAGRAPH. NO OBJECTION TO THAT BECAUSE IT'S FAIR AND IN CONTEXT. BUT THIS IS VERY MISLEADING. IT'S IN DIRECT CONTRAVENTION TO WHAT THE EXPERT CONCLUDED. THAT'S NOT WHAT HE SAID AT ALL.

# 14 THE COURT:

OBJECTION IS OVERRULED. WE HAD A CHANCE TO LITIGATE THIS. IF THERE'S ANY DEFECT, IT'S BEEN WAIVED AT THIS POINT.

KEY QUOTE

Temperature

tense

Key Quotes (3)

Marcia Clark

WHAT COUNSEL HAS DONE IS EXCERPTED ONE LINE FROM THE REPORT THAT WOULD APPEAR TO EXCLUDE NICOLE BROWN WHEN IN FACT WHAT GRAY MATHESON STATED IS, THIS MARKER DEGRADES QUICKLY, ESPECIALLY IN LIQUID POOLS OF BLOOD AND THAT IT COULD BE HERS, BUT THAT THE MARKER DEGRADES QUICKLY.

Clark argues that the displayed line was misleading because, in her account, the next line qualified that the marker degrades quickly and could be Nicole Brown's.

Lance A. Ito

OBJECTION IS OVERRULED. WE HAD A CHANCE TO LITIGATE THIS. IF THERE'S ANY DEFECT, IT'S BEEN WAIVED AT THIS POINT.

Ito overrules the objection, stating that the parties had a chance to litigate the issue and that any defect had been waived.

Johnnie Cochran

THEY'RE OBJECTING TO EVERYTHING THAT YOU'VE ALREADY RULED ON. THEY JUST GOT ON ME ABOUT THAT ONE MINUTE AGO, AND I SHUT UP.

Cochran argued that the prosecution was objecting to matters already ruled upon and contrasted those objections with his own compliance after a recent admonishment.

Evidence (1)

Informal

Report that Clark attributed to Gray Matheson and described as discussing a marker that degrades quickly in liquid pools of blood and could be Nicole Brown's

disputed — defense displayed a single excerpted line; prosecution objected that omitting the qualifier was misleading

Notable Exchanges (2)

Marcia Clark•Lance A. Ito•Johnnie Cochran

Clark argued that the defense excerpted one line of a report to make it appear that Nicole Brown was excluded, while the next line contained a qualifier. Cochran responded that the parties had spent two days going through the materials and that the defense had shown the other side everything it had. Ito overruled the objection, stating that the parties had a chance to litigate the matter and that any defect was waived.

strategic

Barry Scheck•Lance A. Ito

Scheck attempted to interject ('I saw the actual report. The fact of the matter is --') but Ito immediately cut him off with 'No. One person,' enforcing the one-attorney-at-a-time rule at sidebar.

procedural

Credibility Attacks (1)

⚔ Gray Matheson (expert report)

selective quotation / misleading excerpt

Clark argued that the defense misleadingly excerpted one line of Matheson's report by omitting a qualifier that the marker degrades quickly in liquid pools of blood and could be Nicole Brown's.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4493 • 14 lines

Criminal Trial

Department 103