Sidebar: courtroom configuration

📄 Sidebar: courtroom configuration — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\SIDEBAR-COURTROOM-CONFIGURATIO.DOC

TRIAL

▲ Day 9 of 167

◀ Witness excusal Direct examination of John Edwards (morning, part 1) ▶

Date: Tuesday, January 31, 1995 • Utterances: 11

Cochran raised a concern that the courtroom seating configuration placed Marcia Clark too close to jurors when she consulted with investigators at counsel table, with at least one juror visibly turning to listen. The sidebar resolved with Clark agreeing to pass folded notes instead of whispering, and Ito promising to address the layout.

# 1 MR. COCHRAN:

YOUR HONOR, MAY WE APPROACH?

# 2 THE COURT:

MISS CLARK.

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

# 4 MR. COCHRAN:

YOUR HONOR, THE PROBLEM -- THE COURT CONFIGURATION -- WE ARE GOING TO BE PLEASANT TODAY ALL DAY. WHEN MISS CLARK GOES OVER AND TALKS TO THE INVESTIGATORS, YOU CAN TELL BY BODY LANGUAGE OF THE JUROR CLOSER TO HER IN RED, SHE IS TURNING, SHE IS TURNING LIKE THIS, IT IS SO CLOSE, WHATEVER MARCIA IS SAYING, IT IS A REAL PROBLEM, AND WE ARE GOING TO HAVE A PROBLEM DURING THIS TRIAL AND I WANTED TO POINT THAT OUT --

# 5 THE COURT:

OKAY.

# 6 MR. COCHRAN:

-- WHILE SHE WAS THERE BECAUSE YOU COULD SEE WHERE MARCIA WAS. I DIDN'T WANT HER BEND OVER, NO. 1, BUT NO. 2, IT POSES A REAL PROBLEM RIGHT THERE BECAUSE THEY WERE RIGHT THERE BY COUNSEL AND I THINK SOMEBODY -- SOMEBODY NEEDS TO BE MOVED OVER, BECAUSE IT IS EVEN HARD ON MARCIA.

# 7 THE COURT:

WE WILL TALK ABOUT THAT. THEY ARE RIGHT.

# 8 MR. SHAPIRO:

THEY ARE SITTING IN THE JURY BOX.

# 9 MS. CLARK:

JUST WANT TO LET EVERYONE KNOW THAT WHAT I DID WAS I WILL DEMONSTRATE, (INDICATING), LIKE THAT IN HIS EAR SO THAT NO ONE COULD HEAR, BUT WHAT WE CAN DO IS PASS FOLDED NOTES.

# 10 THE COURT:

LET'S JUST SLIDE THEM OVER.

# 11 MS. CLARK:

THAT'S GOOD. OKAY.

Temperature

procedural

Key Quotes (2)

Johnnie Cochran

YOU CAN TELL BY BODY LANGUAGE OF THE JUROR CLOSER TO HER IN RED, SHE IS TURNING, SHE IS TURNING LIKE THIS, IT IS SO CLOSE, WHATEVER MARCIA IS SAYING, IT IS A REAL PROBLEM

Cochran specifically identified a juror in red who appeared to be eavesdropping on Clark's private conversations with investigators.

Marcia Clark

WHAT I DID WAS I WILL DEMONSTRATE, (INDICATING), LIKE THAT IN HIS EAR SO THAT NO ONE COULD HEAR, BUT WHAT WE CAN DO IS PASS FOLDED NOTES.

Clark acknowledged the problem and proposed a practical workaround.

Notable Exchanges (1)

Johnnie Cochran•Marcia Clark•Lance A. Ito

Cochran flagged that a juror in red was visibly turning toward Clark while she whispered to investigators; Clark responded by demonstrating how close she had been and agreeing to pass notes instead.

cooperative

Objections

None recorded

Proceeding 4515 • 11 utterances

Criminal Trial

Department 103