Motion: Ron Shipp testimony admission

📄 Motion: Ron Shipp testimony admission — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\MOTION-RON-SHIPP-TESTIMONY-ADM.DOC

TRIAL

▲ Day 9 of 167

◀ Evidence marked, jury recessed Sidebar: polygraph evidence conflict ▶

Date: Tuesday, January 31, 1995 • Utterances: 13

Outside the jury's presence, defense attorney Carl Douglas asks the court for an offer of proof about what Ron Shipp will testify to, specifically flagging two explosive areas: a conversation Simpson allegedly had with Shipp about taking a polygraph, and a conversation about a 'dream' Simpson had — both apparently referenced in a book Douglas had read. The proceeding ends with Douglas requesting to continue at sidebar, with Darden pushing back that it should be handled in open court.

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

# 2 THE COURT:

COUNSEL, THE RECORD SHOULD REFLECT THE JURY HAS WITHDRAWN FROM THE COURTROOM. MR. DARDEN, THERE WAS A 402 ISSUE THAT WE NEEDED TO RESOLVE. I TAKE IT THIS HAS TO DO WITH THE PEOPLE'S NEXT WITNESS. WHAT'S THE ISSUE?

# 3 MR. DOUGLAS:

YOUR HONOR, I RISE TO COME BEFORE THE COURT TO ASK --

# 4 THE COURT:

CAN WE HAVE IT QUIET, PLEASE.

# 5 MR. DOUGLAS:

-- TO ASK THAT THE PEOPLE MAKE AN OFFER OF PROOF AS TO WHAT AREAS THEY ARE GOING TO EXAMINE THE NEXT WITNESS, MR. RONALD SHIPP. I AM INFORMED, YOUR HONOR, THAT MR. SHIPP HAS MADE STATEMENTS SUGGESTING THAT HE HAD A CONVERSATION WITH MR. SIMPSON IN THE DAYS FOLLOWING THE INCIDENT --

# 6 THE COURT:

YOU ARE SPEAKING ABOUT THE '89 INCIDENT?

# 7 MR. DOUGLAS:

NO, YOUR HONOR. I'M SPEAKING ABOUT THE INCIDENT THAT GIVES RISE TO THESE CHARGES.

# 8 THE COURT:

THE JUNE 12TH INCIDENT?

# 9 MR. DOUGLAS:

THE DEATHS OF NICOLE BROWN SIMPSON AND RONALD GOLDMAN. I'M INFORMED, YOUR HONOR, THAT SOME ASPECT OF THE ALLEGED CONVERSATION SUGGESTS THAT MR. SIMPSON AND MR. SHIPP HAD A CONVERSATION ABOUT SOME SORT OF POLYGRAPH OR THE TAKING OF A POLYGRAPH. THERE ARE ALLEGATIONS IN A BOOK ABOUT WHICH I'M AWARE THAT SUGGEST THAT MR. SIMPSON DISCUSSED SOME SORT OF A DREAM WITH MR. SHIPP. IS IT POSSIBLE, YOUR HONOR, MAY WE APPROACH TO CONTINUE THE REMAINING AREAS OF CONCERN?

# 10 MR. DARDEN:

I DON'T SEE THE NECESSITY OF THAT. THIS ISN'T GOING TO BE AN ISSUE BEFORE THE COURT, YOUR HONOR. THE ISSUE IS GOING TO BE IN FRONT OF THE JURY. WE MAY AS WELL DO IT IN OPEN COURT.

KEY QUOTE

# 11 MR. COCHRAN:

THAT'S WHAT THE HEARING IS ABOUT. I THINK, YOUR HONOR -- HOW DOES HE KNOW ABOUT --

# 12 THE COURT:

MR. DOUGLAS GETS TO ANSWER HIS ARGUMENT FOR HIMSELF.

# 13 MR. DOUGLAS:

IF THE COURT PLEASE, I WOULD LIKE TO APPROACH SIDEBAR.

Temperature

tense

Key Quotes (3)

Carl Douglas

THERE ARE ALLEGATIONS IN A BOOK ABOUT WHICH I'M AWARE THAT SUGGEST THAT MR. SIMPSON DISCUSSED SOME SORT OF A DREAM WITH MR. SHIPP.

Flags the most damaging anticipated testimony — Simpson allegedly told Shipp he dreamed of killing Nicole. The defense is trying to suppress this before the jury hears it.

Christopher Darden

I DON'T SEE THE NECESSITY OF THAT. THIS ISN'T GOING TO BE AN ISSUE BEFORE THE COURT, YOUR HONOR. THE ISSUE IS GOING TO BE IN FRONT OF THE JURY. WE MAY AS WELL DO IT IN OPEN COURT.

Darden pushes back on sidebar, signaling prosecution confidence that Shipp's testimony will survive any admissibility challenge.

Carl Douglas

I'M INFORMED, YOUR HONOR, THAT SOME ASPECT OF THE ALLEGED CONVERSATION SUGGESTS THAT MR. SIMPSON AND MR. SHIPP HAD A CONVERSATION ABOUT SOME SORT OF POLYGRAPH OR THE TAKING OF A POLYGRAPH.

Polygraph references are generally inadmissible; defense is preserving its right to exclude this line of testimony before it poisons the jury.

Notable Exchanges (2)

Carl Douglas•Christopher Darden

Douglas wants to continue argument at sidebar; Darden refuses and insists the 402 hearing proceed in open court, framing it as unnecessary to shield from the public record.

strategic

Carl Douglas•Lance A. Ito

Judge initially confuses the 'incident' Douglas is referencing, asking if it is the '89 domestic violence incident before Douglas clarifies it concerns the June 12th murders.

clarifying

Objections

None recorded

Proceeding 4607 • 13 utterances

Criminal Trial

Department 103