Sidebar: evidence foundation

📄 Sidebar: evidence foundation — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\SIDEBAR-EVIDENCE-FOUNDATION.DOC

TRIAL

▲ Day 9 of 167

◀ Direct examination of Sharyn Gilbert (part 1) Direct examination of Sharyn Gilbert (part 2) ▶

Date: Tuesday, January 31, 1995 • Utterances: 8

A brief sidebar in which Cochran objected that the prosecution skipped foundational steps before displaying a document on screen. The document appeared to be a dispatch or report describing a female being 'beaten,' which Cochran noted differed from Darden's opening statement characterization of 'slapped.' Ito sustained the objection, requiring two foundational questions first.

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

# 2 MR. COCHRAN:

MAY I LET YOU SEE MY COPY?

# 3 THE COURT:

SURE.

# 4 MR. COCHRAN:

THE OBJECTION HAS TO DO WITH -- I NEED A LITTLE FURTHER FOUNDATION BEFORE HE PUTS IT UP THERE AS TO WHAT COMES OUT HERE BECAUSE DARDEN TOLD US IN OPENING STATEMENT THAT THEY WOULD BE TALKING ABOUT SHE WOULD BE SAYING THE FEMALE WAS BEING SLAPPED AND HEAR SLAPPING AND IT SAYS "FEMALE BEING BEATEN," AND I'M NOT SURE HOW THIS COMES IN. SHE TYPES THAT IN, THAT IS HER INTERPRETATION? WE NEED MORE FOUNDATION AS TO WHAT THIS IS, HOW THIS GETS IN HERE, THAT SORT OF THING, BEFORE HE PUTS IT UP ON THE SCREEN. HE KIND OF SKIPPED A COUPLE OF STEPS IT SEEMED TO ME.

# 5 THE COURT:

PROBABLY A COUPLE OF FOUNDATIONAL QUESTIONS.

KEY QUOTE

# 6 MR. DARDEN:

AS TO WHAT?

# 7 THE COURT:

WHAT THE FORM IS, HOW IT IS FILLED OUT. ONCE WE ESTABLISH THAT, PROBABLY TWO QUESTIONS. ALL RIGHT. SUSTAINED.

# 8 MR. COCHRAN:

I WILL OBJECT. THANK YOU, YOUR HONOR.

Temperature

procedural

Key Quotes (2)

Johnnie Cochran

DARDEN TOLD US IN OPENING STATEMENT THAT THEY WOULD BE TALKING ABOUT SHE WOULD BE SAYING THE FEMALE WAS BEING SLAPPED AND HEAR SLAPPING AND IT SAYS 'FEMALE BEING BEATEN'

Cochran catches a discrepancy between Darden's opening statement language and the actual document text — 'slapped' vs. 'beaten' — a meaningful distinction in a domestic violence case.

Lance A. Ito

PROBABLY A COUPLE OF FOUNDATIONAL QUESTIONS. ALL RIGHT. SUSTAINED.

Ito sustains the objection efficiently, requiring foundation before the document is shown to the jury.

Evidence (1)

Informal

A form or report describing a female being 'beaten,' apparently a dispatch or incident record being introduced via a witness who typed or filled it out

challenged on foundation before display

Notable Exchanges (1)

Johnnie Cochran•Lance A. Ito

Cochran points out that the document's language ('female being beaten') differs from what Darden promised in opening ('slapped'), and argues foundation is needed before the exhibit goes on screen. Ito agrees and sustains.

strategic

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4509 • 8 utterances

Criminal Trial

Department 103