Sidebar: witness statement objection

📄 Sidebar: witness statement objection — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\SIDEBAR-WITNESS-STATEMENT-OBJE.DOC

TRIAL

▲ Day 9 of 167

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

Date: Tuesday, January 31, 1995 • Utterances: 14

The prosecution sought to introduce a statement by Michelle Abudrahm — 'Nicole, don't do this. Come inside now' — arguing it was either an excited utterance or not offered for the truth of the matter asserted, but rather to explain the officer's subsequent conduct. Cochran objected on hearsay and relevance grounds. Judge Ito sustained the objection with a pointed logical trap: if the statement isn't offered for its truth, it proves nothing and is therefore irrelevant.

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

# 2 THE COURT:

THIS IS ACTUALLY PRETTY GOOD. WE'VE ONLY HAD THREE SIDEBARS SO FAR.

# 3 MR. COCHRAN:

WE'RE REALLY TRYING. WE'D LIKE TO TRY THIS CASE. IF I'M DOING PRETTY GOOD, MAYBE ON MONDAY, YOU'RE GOING TO LET US RETURN HAVING A LIFE.

# 4 THE COURT:

MAYBE. OBJECTION IS HEARSAY. WE ARE AT SIDEBAR. MR. DARDEN.

# 5 MR. DARDEN:

YOUR HONOR, WE EXPECT, IF THE WITNESS IS ALLOWED TO ANSWER, WOULD TESTIFY THAT THE WOMAN SAID, "NICOLE, DON'T DO THIS. COME INSIDE NOW," AS SHE PULLED HER OUT OF THE VEHICLE. THIS IS AN EXCITED UTTERANCE. THESE ARE WORDS OF COMMAND. IT IS NOT NECESSARILY OFFERED FOR A HEARSAY PURPOSE, BUT TO EXPLAIN THE OFFICER'S CONDUCT AND HIS SUBSEQUENT CONDUCT TO FOLLOW.

KEY QUOTE

# 6 MS. CLARK:

IT'S NOT FOR THE TRUTH OF THE MATTER ASSERTED.

# 7 MR. DARDEN:

IT DOESN'T GO TO THE TRUTH OF THE MATTER ASSERTED.

# 8 MR. COCHRAN:

IT'S HEARSAY. HE'S NOT GIVING YOU AN EXCEPTION. AND AGAIN, IT'S IRRELEVANT AND IMMATERIAL, NOT OFFERED FOR THE TRUTH OF THE MATTER ASSERTED. THEY CAN TESTIFY THAT MICHELLE WAS THERE OR WHATEVER, BUT THEY CAN'T GO INTO THAT STATEMENT. HOW CAN I CROSS-EXAMINE THAT?

# 9 THE COURT:

AT THIS POINT, IT'S HEARSAY.

# 10 MR. DARDEN:

IT'S NOT BEING OFFERED FOR THE TRUTH.

# 11 THE COURT:

IS THIS MICHELLE ABUDRAHM?

# 12 MR. COCHRAN:

YES.

# 13 MR. DARDEN:

IT'S NOT BEING OFFERED FOR THE TRUTH.

# 14 THE COURT:

THEN IT'S IRRELEVANT AND IMMATERIAL. OBJECTION SUSTAINED.

KEY QUOTE

Temperature

procedural

Key Quotes (4)

Christopher Darden

YOUR HONOR, WE EXPECT, IF THE WITNESS IS ALLOWED TO ANSWER, WOULD TESTIFY THAT THE WOMAN SAID, 'NICOLE, DON'T DO THIS. COME INSIDE NOW,' AS SHE PULLED HER OUT OF THE VEHICLE.

Reveals the substance of the excluded statement — a bystander physically pulling Nicole away from a confrontation, which the prosecution wanted to use to contextualize police response.

Lance A. Ito

THEN IT'S IRRELEVANT AND IMMATERIAL. OBJECTION SUSTAINED.

A clean logical ruling: if the statement isn't offered for truth, it has no probative value, and is therefore inadmissible on relevance grounds rather than hearsay — neatly closing both prosecution escape routes.

Johnnie Cochran

HOW CAN I CROSS-EXAMINE THAT?

Cochran's core confrontation clause concern — out-of-court statements can't be tested through cross-examination of the declarant.

Johnnie Cochran

WE'D LIKE TO TRY THIS CASE. IF I'M DOING PRETTY GOOD, MAYBE ON MONDAY, YOU'RE GOING TO LET US RETURN HAVING A LIFE.

Rare levity at the bench — Cochran lobbying Ito for a lighter schedule by flattering his own restraint on sidebars.

Evidence (1)

Informal

Oral statement by Michelle Abudrahm: 'Nicole, don't do this. Come inside now,' made while pulling Nicole from a vehicle

offered by prosecution, excluded by court

Notable Exchanges (2)

Christopher Darden•Lance A. Ito

Darden twice insisted the statement wasn't offered for truth; Ito turned this argument against the prosecution — if not for truth, it's irrelevant.

strategic, decisive

Lance A. Ito•Johnnie Cochran

Ito opened the sidebar by complimenting the low number of sidebars; Cochran immediately leveraged the compliment to angle for a lighter Monday schedule.

light

Light Moments (1)

Johnnie Cochran

Ito noted 'THIS IS ACTUALLY PRETTY GOOD. WE'VE ONLY HAD THREE SIDEBARS SO FAR,' prompting Cochran to immediately request getting his life back on Monday.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 4544 • 14 utterances

Criminal Trial

Department 103