Motion: conflict of interest waiver

📄 Motion: conflict of interest waiver — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\MOTION-CONFLICT-OF-INTEREST-WA.DOC

TRIAL

▲ Day 9 of 167

◀ Sidebar: polygraph evidence conflict Session opening ▶

Date: Tuesday, January 31, 1995 • Utterances: 16

Johnnie Cochran disclosed on the record that the prosecution's next witness, Ronald Shipp, is his cousin, creating a potential conflict of interest. OJ Simpson waived the conflict, and Cochran stated he would not personally cross-examine Shipp. The proceeding ended with brief scheduling logistics for the following day.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 THE COURT:

ALL RIGHT. BACK ON THE RECORD. MR. COCHRAN.

# 3 MR. COCHRAN:

YES, YOUR HONOR.

# 4 THE COURT:

HAVE YOU HAD THE OPPORTUNITY TO TALK TO YOUR CLIENT ABOUT RONALD SHIPP?

# 5 MR. COCHRAN:

YES, I HAVE, YOUR HONOR. HE HAS BEEN AWARE OF IT FOR SOME TIME. SO HE IS AWARE OF THAT. MAYBE I SHOULD JUST STATE FOR THE RECORD --

# 6 THE COURT:

CERTAINLY, PLEASE.

# 7 MR. COCHRAN:

-- THE SITUATION. YOUR HONOR, I UNDERSTAND THAT THE NEXT PEOPLE'S WITNESS IS MR. RONALD SHIPP, AND MR. SHIPP IS RELATED TO ME. HE IS A COUSIN. HIS FATHER IS THE FATHER OF MY COUSINS. HE HAS A DIFFERENT MOTHER. AND I SHARED THAT WITH MR. SIMPSON. AND AS SUCH, THERE'S A POTENTIAL CONFLICT, BUT I'VE SHARED THAT WITH MR. SIMPSON AND HE WAIVES THAT CONFLICT. BECAUSE OF THE POTENTIAL RELATIONSHIP, I WILL NOT QUESTION THIS PARTICULAR WITNESS HOWEVER.

# 8 THE COURT:

ALL RIGHT. MR. SIMPSON, IS THIS AGREEABLE TO YOU, THAT YOU HAVE NO OBJECTION TO MR. COCHRAN REMAINING AS YOUR COUNSEL DESPITE THE FACT THE PROSECUTION WILL BE CALLING A RELATIVE OF HIS AS A WITNESS?

# 9 THE DEFENDANT:

YES. IT'S NO PROBLEM, YOUR HONOR.

KEY QUOTE

# 10 THE COURT:

THANK YOU. ALL RIGHT. COUNSEL, YOU'VE BROACHED AN INTERESTING LEGAL ISSUE THAT I HAVE NO IDEA WHAT'S COMING AGAIN. THANK YOU. WE ARE WITHIN 10 MINUTES OF THE END OF THE BUSINESS DAY IN ANY EVENT. COUNSEL, IF YOU HAVE ANY CASES ON THE ISSUE, FAX THEM TO THE COURT AND I WILL PICK THEM UP TOMORROW MORNING. I WILL BE IN THE BUILDING TILL AROUND 6:00. ANYTHING ELSE, COUNSEL?

# 11 MR. DARDEN:

WHAT TIME DO WE ADJOURN TOMORROW?

# 12 THE COURT:

9:00 O'CLOCK.

# 13 MR. DARDEN:

NOT BEGIN. ADJOURN. 4:00 O'CLOCK OR 3:30?

# 14 THE COURT:

4:00 O'CLOCK.

# 15 MS. CLARK:

WHEN IS THE 3:30 DAY?

# 16 THE COURT:

THAT WAS THE DAY THE JUROR HAD TO GO TO A DOCTOR'S APPOINTMENT AT THE END OF THE DAY. WE'LL STAND IN RECESS UNTIL 9:00 O'CLOCK.

Temperature

procedural

Key Quotes (3)

Johnnie Cochran

MR. SHIPP IS RELATED TO ME. HE IS A COUSIN. HIS FATHER IS THE FATHER OF MY COUSINS. HE HAS A DIFFERENT MOTHER. AND I SHARED THAT WITH MR. SIMPSON AND HE WAIVES THAT CONFLICT. BECAUSE OF THE POTENTIAL RELATIONSHIP, I WILL NOT QUESTION THIS PARTICULAR WITNESS HOWEVER.

Cochran discloses a family relationship with a prosecution witness and recuses himself from cross-examining Shipp, a significant strategic concession.

O.J. Simpson

YES. IT'S NO PROBLEM, YOUR HONOR.

Simpson personally and directly waives the conflict on the record, satisfying the court's requirement for an informed waiver.

Lance A. Ito

COUNSEL, YOU'VE BROACHED AN INTERESTING LEGAL ISSUE THAT I HAVE NO IDEA WHAT'S COMING AGAIN.

Ito's candid admission of uncertainty about the legal implications of the conflict, suggesting the issue may require further briefing.

Notable Exchanges (2)

Lance A. Ito•O.J. Simpson

Judge Ito directly addressed Simpson to confirm he understood and accepted Cochran's conflict, getting a personal waiver on the record.

formal

Christopher Darden•Lance A. Ito•Marcia Clark

Brief back-and-forth about the next day's adjournment time, clarifying it would be 4:00 PM and that the earlier 3:30 end had been for a juror's doctor appointment.

routine

Light Moments (1)

Lance A. Ito

Judge Ito wryly noted 'I have no idea what's coming again' after Cochran raised the conflict issue, drawing a mild self-deprecating acknowledgment of the case's endless surprises.

Objections

None recorded

Proceeding 4609 • 16 utterances

Criminal Trial

Department 103