Sidebar: cross-examination issue

📄 Sidebar: cross-examination issue — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\SIDEBAR-CROSS-EXAMINATION-ISSU.DOC

TRIAL

▲ Day 9 of 167

◀ Cross-examination of John Edwards (part 3) Cross-examination of John Edwards (part 4) ▶

Date: Tuesday, January 31, 1995 • Utterances: 9

A brief sidebar called by Judge Ito after he anticipated a hearsay statement was imminent. Cochran clarified he was only asking Edwards whether a conversation with O.J. Simpson occurred — a foundational yes/no question — not yet eliciting the hearsay content itself. The judge agreed and overruled Darden's implicit objection.

# 1 THE COURT:

OVER HERE AT THE SIDE BAR WITH THE REPORTER, PLEASE.

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

# 3 THE COURT:

OKAY. WE ARE AT THE SIDE BAR. SOUNDS LIKE A HEARSAY STATEMENT IS ABOUT TO COME IN HERE.

# 4 MR. COCHRAN:

NO, NO. YOUR HONOR, THE QUESTION AGAIN I'M ASKING HIM, DID YOU EVER HAVE OCCASION TO HAVE A CONVERSATION WITH MR. O.J. SIMPSON WHERE HE DESCRIBED TO HIM THE EVENTS OF THE EVENING? THAT IS NOT HEARSAY YET. QUICK OBJECTION. I MEAN, I'M NOT ASKING THE HEARSAY YET. THAT IS NOT A HEARSAY QUESTION. THAT IS A YES OR NO.

# 5 MR. DARDEN:

YOU ARE KIDDING ME.

# 6 MR. COCHRAN:

ONE AT A TIME.

# 7 THE COURT:

OKAY. YOU CAN ASK THAT QUESTION. YES OR NO.

# 8 MR. DARDEN:

WILL HE DESCRIBE TO HIM THE EVENTS? COME BACK HERE.

# 9 THE COURT:

NO. OVERRULED.

Temperature

tense

Key Quotes (2)

Johnnie Cochran

I'M ASKING HIM, DID YOU EVER HAVE OCCASION TO HAVE A CONVERSATION WITH MR. O.J. SIMPSON WHERE HE DESCRIBED TO HIM THE EVENTS OF THE EVENING? THAT IS NOT HEARSAY YET.

Cochran draws the foundational/hearsay distinction to preserve the question — setting up a future hearsay follow-up.

Christopher Darden

YOU ARE KIDDING ME.

Darden's exasperated reaction signals he sees through the incremental strategy and fears where the questioning is headed.

Notable Exchanges (1)

Johnnie Cochran•Christopher Darden

Cochran methodically explains the foundational/hearsay distinction; Darden responds with visible frustration ('YOU ARE KIDDING ME'), recognizing Cochran is laying groundwork to elicit OJ's own account of the night through a third party.

strategic vs. exasperated

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4573 • 9 utterances

Criminal Trial

Department 103