Sidebar: plea discussion

📄 Sidebar: plea discussion — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\SIDEBAR-PLEA-DISCUSSION.DOC

TRIAL

▲ Day 9 of 167

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

Date: Tuesday, January 31, 1995 • Utterances: 23

At a bench sidebar in the civil trial, Cochran objects to Darden exploring the details of OJ Simpson's no-contest plea and plea bargain terms, arguing it is improper and prejudicial. Judge Ito agrees the prosecution has already gotten what it needs — the screaming tape and the no-contest plea — and limits further examination, telling Darden he is 'getting greedy.' The sidebar ends with scheduling discussion about the upcoming Shipp witness and a running joke about Darden's stepped-on Ferragamo shoes.

# 1 THE COURT:

YES, WITH THE COURT REPORTER, PLEASE.

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

# 3 MR. COCHRAN:

YOUR HONOR, I THINK IT'S IMPROPER TO TALK ABOUT HE STRUCK A PLEA BARGAIN OR ENTERED A NO CONTEST PLEA. I MEAN WE ALL KNOW THAT A NO CONTEST PLEA IS TANTAMOUNT TO A GUILTY PLEA. SO COUNSEL MAKES IT SEEM LIKE A BIG DEAL, WHATEVER. I THINK THAT'S IMPROPER.

# 4 THE COURT:

MR. DARDEN, WHERE ARE WE GOING WITH THIS?

# 5 MR. COCHRAN:

OFFER OF PROOF.

# 6 MR. DARDEN:

WHO WANTS AN OFFER OF PROOF? HIM OR YOU?

# 7 THE COURT:

WHERE ARE WE GOING WITH THIS?

# 8 MR. DARDEN:

ARE WE GOING TO TALK ABOUT THE TERMS OF HIS PROBATION? YOUR HONOR, I OBJECT. HE HAS STEPPED ON MY SHINED FERRAGAMO'S. YOU KNOW, I THINK HE SHOULD HAVE TO BUY ME ANOTHER PAIR OF FERRAGAMO'S.

# 9 THE COURT:

COME ON GUYS. MR. DARDEN, I MEAN AT SOME POINT -- I MEAN WE'VE GOTTEN INTO THE PHYSICAL VIOLENCE, WE'VE GOTTEN INTO THERE'S A NO CONTEST PLEA. I MEAN ISN'T THAT ABOUT WHAT WE NEED TO HAVE HERE IN THIS INCIDENT? WE'VE ESTABLISHED WHAT IT IS THE PROSECUTION WANTED TO GET IN ON THIS INCIDENT. TO START GOING INTO NUANCES OF PLEA BARGAINING AND CONDITIONS OF PROBATION I THINK IS SORT OF GETTING BEYOND WHAT WE NEED TO HERE.

# 10 MR. DARDEN:

I HAVE TO GO IN AND ASK HIM STUFF ABOUT REPORTS, STUFF LIKE THAT, AND I'LL --

# 11 THE COURT:

WE'VE PRETTY MUCH GOTTEN THE INCIDENT. WE'VE GOT THE SCREAMING TAPE AND WE'VE GOTTEN THE NO CONTEST PLEA. I MEAN YOU GUYS ARE GETTING GREEDY.

# 12 MR. COCHRAN:

THAT'S RIGHT, JUDGE. THEY'RE ALWAYS GREEDY I MIGHT SAY.

# 13 THE COURT:

OKAY.

# 14 MR. DARDEN:

CAN WE ADJOURN AFTER WE FINISH WITH THIS GUY?

# 15 THE COURT:

WELL, WE HAVE TO HAVE A 402 ON THIS SHIPP PERSON.

# 16 MR. COCHRAN:

YOU WANT IT TOMORROW?

# 17 MR. DARDEN:

I'D RATHER WE RESOLVE WHAT WE'RE GOING TO DO THIS AFTERNOON AT SOME POINT.

# 18 THE COURT:

I ASSUME WE ARE ABOUT TO FINISH WITH THIS GUY.

# 19 MR. DARDEN:

YEAH.

# 20 THE COURT:

I ASSUME THEN WE NEED TO TALK IN CHAMBERS ABOUT THIS OTHER PROBLEM. SO WE MIGHT WANT TO CALL IT A DAY AFTER THAT. WHY DON'T YOU WIND UP YOUR QUESTIONS ABOUT REPORT TAKING AND SEARCHES.

# 21 MR. DARDEN:

I HAVE ABOUT ONE MORE QUESTION. THEN WE CAN WRAP THIS UP.

# 22 THE COURT:

AND I'LL DIRECT COUNSEL TO PAY FOR YOUR NEXT SHOE SHINE AS A SANCTION.

KEY QUOTE

# 23 MR. DARDEN:

SHOE SHINE? HE SHOULD BUY ME A NEW PAIR OF SHOES.

Temperature

light

Key Quotes (4)

Lance A. Ito

WE'VE GOT THE SCREAMING TAPE AND WE'VE GOTTEN THE NO CONTEST PLEA. I MEAN YOU GUYS ARE GETTING GREEDY.

Ito draws the line on how far prosecution can exploit the domestic violence incident, signaling the court's view that enough prejudicial detail has already been admitted.

Johnnie Cochran

WE ALL KNOW THAT A NO CONTEST PLEA IS TANTAMOUNT TO A GUILTY PLEA. SO COUNSEL MAKES IT SEEM LIKE A BIG DEAL, WHATEVER. I THINK THAT'S IMPROPER.

Cochran preemptively argues the framing of the plea is prejudicial, trying to cap the damage from the 1989 domestic violence conviction.

Christopher Darden

YOUR HONOR, I OBJECT. HE HAS STEPPED ON MY SHINED FERRAGAMO'S. YOU KNOW, I THINK HE SHOULD HAVE TO BUY ME ANOTHER PAIR OF FERRAGAMO'S.

Comic relief — Darden lodges a mock formal objection over his shoes, briefly breaking courtroom tension.

Lance A. Ito

AND I'LL DIRECT COUNSEL TO PAY FOR YOUR NEXT SHOE SHINE AS A SANCTION.

Ito plays along with the shoe joke, demonstrating the more relaxed sidebar dynamic compared to open court.

Evidence (2)

Informal

The 'screaming tape' — the 1989 911 call recording from the domestic violence incident

referenced as already admitted; used to justify limiting further examination

Informal

OJ Simpson's no-contest plea from the 1989 domestic violence incident

referenced as already established; Cochran objects to further characterization

Notable Exchanges (2)

Lance A. Ito•Christopher Darden

Ito shuts down Darden's attempt to explore plea bargain terms and probation conditions, ruling that the prosecution has already gotten enough from the domestic violence incident.

firm but collegial

Christopher Darden•Johnnie Cochran•Lance A. Ito

Extended riff on Darden's stepped-on Ferragamo shoes, culminating in Ito threatening a sanction of a shoe shine against opposing counsel.

playful

Light Moments (1)

Christopher Darden

Darden files a mock objection that Cochran stepped on his 'shined Ferragamo's' and demands Cochran buy him a new pair; Ito rules that opposing counsel must pay for Darden's next shoe shine as a 'sanction'; Darden escalates to demanding a whole new pair of shoes.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4603 • 23 utterances

Criminal Trial

Department 103