Sidebar: photograph objection

📄 Sidebar: photograph objection — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\SIDEBAR-PHOTOGRAPH-OBJECTION.DOC

TRIAL

▲ Day 9 of 167

◀ Direct examination of John Edwards (afternoon, part 1) Direct examination of John Edwards (afternoon, part 2) ▶

Date: Tuesday, January 31, 1995 • Utterances: 7

A brief bench sidebar in which Cochran objects to a witness's characterization of photographs as conclusory, arguing the pictures speak for themselves and the witness cannot editorialize about what they depict. Judge Ito overrules, noting Cochran's real dispute is with the answer itself and that cross-examination is the proper remedy.

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

# 2 THE COURT:

WHAT'S THE OBJECTION?

# 3 MR. COCHRAN:

THE OBJECTION IS, HOW COULD HE SAY THAT? THESE PICTURES SPEAK FOR THEMSELVES. THAT'S CONCLUSIONARY ON HIS PART. THESE PICTURES REFLECT WHAT HE TOOK.

# 4 THE COURT:

RIGHT. WELL --

# 5 MR. COCHRAN:

I OBJECT TO HIS ANSWER AND MOVE TO STRIKE HIS ANSWER. THIS DOESN'T FAIRLY REFLECT THAT HE TOOK THIS PICTURE? THIS WAS THE SAME PICTURE.

# 6 THE COURT:

WELL, I THINK, MR. COCHRAN, THE BASIS OF YOUR OBJECTION IS YOU DISAGREE WITH THE ANSWER. YOU WILL BE ABLE TO TALK TO HIM ABOUT THAT ON CROSS-EXAMINATION. OBJECTION OVERRULED.

KEY QUOTE

# 7 MR. COCHRAN:

IT ISN'T ACTUALLY MY OBJECTION THAT I DISAGREE WITH THE ANSWER. THANKS, JUDGE.

KEY QUOTE

Temperature

procedural

Key Quotes (3)

Johnnie Cochran

THESE PICTURES SPEAK FOR THEMSELVES. THAT'S CONCLUSIONARY ON HIS PART. THESE PICTURES REFLECT WHAT HE TOOK.

States the legal basis for the objection — that a witness cannot offer a conclusory gloss on photographic evidence that is self-evident.

Lance A. Ito

I THINK, MR. COCHRAN, THE BASIS OF YOUR OBJECTION IS YOU DISAGREE WITH THE ANSWER. YOU WILL BE ABLE TO TALK TO HIM ABOUT THAT ON CROSS-EXAMINATION. OBJECTION OVERRULED.

Ito cuts to the practical point — disagreement with testimony is for cross, not objection — and rules against Cochran.

Johnnie Cochran

IT ISN'T ACTUALLY MY OBJECTION THAT I DISAGREE WITH THE ANSWER. THANKS, JUDGE.

Cochran gets the last word with a mildly sarcastic sign-off, preserving his legal position for the record while accepting the ruling.

Evidence (1)

Informal

Photographs taken by the witness, disputed as to whether the witness could characterize whether they 'fairly reflect' what he photographed.

discussed, challenged

Notable Exchanges (1)

Johnnie Cochran•Lance A. Ito

Cochran presses a conclusory-testimony objection and moves to strike; Ito reframes it as mere disagreement and overrules. Cochran's parting 'Thanks, judge' registers mild displeasure.

strategic

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 4546 • 7 utterances

Criminal Trial

Department 103