Witness exclusion ruling

📄 Witness exclusion ruling — Tuesday, January 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\31\WITNESS-EXCLUSION-RULING.DOC

TRIAL

▲ Day 9 of 167

◀ Sidebar: reopening objections Direct examination of Sharyn Gilbert (part 1) ▶

Date: Tuesday, January 31, 1995 • Utterances: 25

Cochran requests exclusion of all witnesses from the courtroom and from watching televised proceedings, with exceptions for detectives Lange and Vannatter, two defense investigators (McKenna and Pavelic), and family members. Clark agrees on behalf of the People. The court then prepares to call the prosecution's first witness, Sharyn Gilbert, and marks a 911 audiotape as People's Exhibit 1.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. MR. COCHRAN, YOU HAD A REQUEST.

# 3 MR. COCHRAN:

YES, YOUR HONOR. AS WE HAVE PREVIOUSLY INDICATED TO THE COURT, WE WILL AT THIS TIME ASK LEAVE OF COURT TO EXCLUDE ALL WITNESSES, SAVE THE INVESTIGATING OFFICERS LANGE AND VANNATTER, AND SAVE TWO INVESTIGATORS FROM THE DEFENSE, PAT MC KENNA AND BILL PAVELIC, AND ASK AND SAVE THE FAMILY, WITH THE EXCEPTIONS REGARDING THE FAMILY MEMBERS IN THIS MATTER. WE WOULD ASK THE COURT TO EXCLUDE ALL WITNESSES AND ADMONISH THOSE WITNESSES REGARDING DISCUSSING THEIR TESTIMONY AND ALSO REGARDING WATCHING TELEVISION OF THESE PROCEEDINGS WHICH WILL BE THE SAME THING AS DISCUSSING THEIR TESTIMONY.

# 4 THE COURT:

ALL RIGHT. ANY COMMENTS FROM THE PEOPLE?

# 5 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 6 MS. CLARK:

THE PEOPLE WOULD ASK THE COURT FOR THE SAME RULING WITH RESPECT TO ALL WITNESSES FOR BOTH SIDES.

# 7 MR. COCHRAN:

I SAID ALL WITNESSES, YOUR HONOR.

# 8 THE COURT:

ALL RIGHT. SO ORDERED. THANK YOU, COUNSEL.

# 9 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 10 (POTENTIAL WITNESSES EXCLUDED.)

# 11 THE COURT:

ALL RIGHT. MR. DARDEN, MISS CLARK, ARE YOU READY TO CALL YOUR FIRST WITNESS?

# 12 MS. CLARK:

YES, WE ARE, YOUR HONOR. THANK YOU.

# 13 THE COURT:

ALL RIGHT. CALL YOUR FIRST WITNESS, PLEASE, AND IF YOU WOULD -- MAYBE WE DON'T NEED ALL THREE CHAIRS AT THE PEOPLE'S SIDE THIS WEEK. PERHAPS WE COULD GET RID OF ONE OF THE CHAIRS AND GIVE YOU A LITTLE MORE WORKING ROOM OVER BY THE PODIUM.

# 14 MS. CLARK:

YES. THANK YOU VERY MUCH.

# 15 MR. DARDEN:

WHICH PODIUM WOULD YOU LIKE US TO USE OR DOES IT MATTER?

# 16 THE COURT:

WELL, MY PREFERENCE AT THIS POINT IS YOUR PREFERENCE, MR. DARDEN. YOU ARE THE TRIAL LAWYER. BE MY GUEST. WHY DON'T YOU JUST MOVE IT OVER A COUPLE OF FEET, BECAUSE I WANT TO AVOID OUR OTHER PROBLEM IF WE CAN. THANK YOU.

KEY QUOTE

# 17 (BRIEF PAUSE.)

# 18 THE COURT:

ALL RIGHT. DEPUTY JEX, CAN YOU HELP MISS CLARK GET RID OF THIS CHAIR? THANK YOU. MR. DARDEN, WHY DON'T YOU JUST SLIDE THOSE CHAIRS OVER JUST A LITTLE.

# 19 (BRIEF PAUSE.)

# 20 THE COURT:

ALL RIGHT. MR. DARDEN, WHO IS YOUR FIRST WITNESS?

# 21 MS. CLARK:

SHARYN GILBERT, YOUR HONOR.

# 22 THE COURT:

ALL RIGHT.

# 23 MS. CLARK:

AS SHE APPROACHES THE WITNESS STAND, YOUR HONOR, WE HAVE HERE A 911 AUDIOTAPE. WE WOULD LIKE TO MARK IT PEOPLE'S 1 FOR IDENTIFICATION.

KEY QUOTE

# 24 THE COURT:

ALL RIGHT. PEOPLE'S 1 FOR IDENTIFICATION.

# 25 (PEO'S 1 FOR ID = 911 AUDIOTAPE)

Temperature

procedural

Key Quotes (3)

Johnnie Cochran

WE WOULD ASK THE COURT TO EXCLUDE ALL WITNESSES AND ADMONISH THOSE WITNESSES REGARDING DISCUSSING THEIR TESTIMONY AND ALSO REGARDING WATCHING TELEVISION OF THESE PROCEEDINGS WHICH WILL BE THE SAME THING AS DISCUSSING THEIR TESTIMONY.

Establishes the witness exclusion order and explicitly equates watching televised coverage with improper discussion — notable given the high-profile media coverage of the trial.

Lance A. Ito

WELL, MY PREFERENCE AT THIS POINT IS YOUR PREFERENCE, MR. DARDEN. YOU ARE THE TRIAL LAWYER. BE MY GUEST.

Ito defers to Darden on courtroom logistics, a collegial moment before the trial's first witness.

Marcia Clark

AS SHE APPROACHES THE WITNESS STAND, YOUR HONOR, WE HAVE HERE A 911 AUDIOTAPE. WE WOULD LIKE TO MARK IT PEOPLE'S 1 FOR IDENTIFICATION.

The very first exhibit in the criminal trial is a domestic violence 911 call, signaling the prosecution's intent to establish the abusive relationship as foundational context.

Evidence (1)

People's 1

911 audiotape

marked for identification as first witness approaches the stand

Notable Exchanges (1)

Lance A. Ito•Christopher Darden

Ito defers to Darden on podium placement, referencing an unnamed prior 'problem' he wants to avoid, then directs courtroom rearrangement of chairs.

collegial

Light Moments (1)

Lance A. Ito

Ito suggests removing one of three chairs at the prosecution table to give counsel more working room, turning routine logistics into a small practical accommodation.

Objections

None recorded

Proceeding 4507 • 25 utterances

Criminal Trial

Department 103