Sidebar: examination scope objection

📄 Sidebar: examination scope objection — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\SIDEBAR-EXAMINATION-SCOPE-OBJE.DOC

TRIAL

▲ Day 9 of 167

◀ Cross-examination of Mike Farrell (part 1) Cross-examination of Mike Farrell (part 2) ▶

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

During a sidebar, Darden objected on 352 grounds to testimony about Nicole Simpson wanting to drop charges, but Judge Ito immediately signaled the evidence was going to battered woman's syndrome — tipping off the prosecution. Cochran erupted, accusing the judge of improperly helping the People, and the exchange turned into a sharp dispute about judicial neutrality. Darden withdrew the objection, but Cochran's complaints about the judge's conduct dominated the sidebar.

# 1 THE COURT:

SURE.

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

# 3 THE COURT:

WE ARE AT THE SIDEBAR. WHAT'S THE OBJECTION?

# 4 MR. DARDEN:

352 OBJECTION, IRRELEVANT, THAT SHE WANTED TO DROP THE CHARTS.

# 5 THE COURT:

WHY WOULD YOU WANT TO DO THAT? THIS IS GOING TO BATTERED WOMAN'S SYNDROME EVIDENCE.

KEY QUOTE

# 6 MR. COCHRAN:

THANKS, JUDGE. THAT'S NOT FAIR.

# 7 THE COURT:

I'M JUST CURIOUS WHY YOU WOULD OBJECT TO THAT.

# 8 MR. COCHRAN:

JUDGE, THAT'S NOT FAIR. WE DON'T WANT THE COURT TO HELP THEM ANYMORE. THE POINT IS, IF THEY LEAD THIS WITNESS UP TO A PARTICULAR POINT, WE CAN GET THIS IN. I THINK IF HE'S PERMITTED TO GET THIS -- HE TALKED ABOUT ALL THE THINGS SHE DID, ALL THE THINGS SHE SAID. IF SHE WANTED TO DROP THE CHARGES -- THIS IS THE INVESTIGATING OFFICER. NOW I'M NOT PERMITTED TO DO IT?

# 9 MR. DARDEN:

I WITHDRAW THE OBJECTION.

# 10 MR. COCHRAN:

I DON'T WANT IT BASED, YOUR HONOR -- I DON'T THINK IT'S FAIR EVEN THOUGH YOUR HONOR OVERRULED THEIR OBJECTION TO GIVE THE PEOPLE ADVICE. THAT'S VERY DISTURBING.

# 11 THE COURT:

YOU'RE TRYING TO ASK HIM THE QUESTION.

# 12 MR. COCHRAN:

I AM SAYING, HE DOESN'T NEED HELP FROM YOU.

KEY QUOTE

# 13 THE COURT:

THEY HAVE VALID REASONS TO GET IT IN.

# 14 MR. COCHRAN:

I'M SAYING I DON'T WANT YOUR HONOR HELPING THEM. I DON'T THINK IT'S FAIR.

# 15 THE COURT:

JOHNNIE, I'M TRYING TO SAY, LISTEN, THERE'S NO DISPUTE, THAT IF HE PLED NOLO, WHY ARE WE FIGHTING ABOUT THAT? THERE'S NO DISPUTE THAT SHE TRIED -- SHE DIDN'T WANT TO GO FORWARD. SO WHY ARE WE FIGHTING OVER STUFF EVERYONE KNOWS?

# 16 MR. COCHRAN:

THAT'S WHAT I WANT TO KNOW. THAT'S FINE.

Temperature

tense

Key Quotes (3)

Lance A. Ito

WHY WOULD YOU WANT TO DO THAT? THIS IS GOING TO BATTERED WOMAN'S SYNDROME EVIDENCE.

Ito effectively coaches Darden on why the objection is counterproductive — exactly what Cochran objects to.

Johnnie Cochran

I DON'T THINK IT'S FAIR EVEN THOUGH YOUR HONOR OVERRULED THEIR OBJECTION TO GIVE THE PEOPLE ADVICE. THAT'S VERY DISTURBING.

Cochran directly accuses the judge of bias, even after the objection is withdrawn — an unusually pointed attack on the bench.

Johnnie Cochran

I AM SAYING, HE DOESN'T NEED HELP FROM YOU.

Cochran's most direct statement of the complaint — that the judge is acting as de facto co-counsel for the prosecution.

Evidence (1)

Informal

Testimony from the investigating officer about Nicole Simpson wanting to drop the charges and not go forward with prosecution

discussed, objection then withdrawn

Notable Exchanges (1)

Johnnie Cochran•Lance A. Ito

Cochran repeatedly accuses Ito of improperly helping the prosecution by signaling why their objection was strategically unwise, even after the objection is resolved. Ito deflects by saying the underlying fact is undisputed.

heated

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 4600 • 16 utterances

Criminal Trial

Department 103