Bench conference: examination procedures

📄 Bench conference: examination procedures — Monday, July 10, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\10\BENCH-CONFERENCE-EXAMINATION-P.DOC

TRIAL

▲ Day 111 of 167

◀ Cross-examination of Arnelle Simpson (part 2) Sidebar: trial procedure ▶

Date: Monday, July 10, 1995 • Utterances: 19

Before the jury was brought in, Johnnie Cochran challenged the good faith basis of Marcia Clark's question about whether OJ Simpson traveled to Hawaii with Paula Barbieri during the May 1993–May 1994 period. Clark defended the question by citing prior Kato Kaelin testimony at pages 20444–20445. Judge Ito declined to halt proceedings and asked for the transcript pages to be pulled.

# 1 (The following proceedings were held in open court, out of the presence of the jury:)

# 2 THE COURT:

All right. Back on the record in the Simpson matter. Let's have the jurors, please.

# 3 MR. COCHRAN:

May I make a statement, your Honor?

# 4 THE COURT:

Yes. Mr. Cochran.

# 5 MR. COCHRAN:

Miss Clark asked a question, your Honor, about whether or not Mr. Simpson went to Hawaii with Paula Barbieri after the period of May--between May of `93 and May of `94, and I don't believe the question was asked in good faith. And if they have any reports, I would like to see that. There is absolutely no record--he went to Hawaii in the summer of 1993 with Nicole Simpson, Nicole Brown Simpson, and the only time he ever went with Paula Barbieri I think was in January 1993. She asked specifically about a period after Miss Arnelle Simpson said that they had tried to get back together.

# 6 THE COURT:

Let's check the record and see. I'm not going to stop the proceedings at this point.

# 7 MR. COCHRAN:

I would like to--

# 8 THE COURT:

Plus Miss Arnelle Simpson testified she had no personal knowledge of anything like that occurring, and that was the end of it.

# 9 MR. COCHRAN:

But the question was asked in bad faith. There should be some good faith before a question is asked before the jury. There's one other matter I would like to bring up when you allow me to. I want to do it at sidebar. I can do it when the feed is cut or not cut if the Court will allow us. I can do that perhaps at a later time. Something was brought to my attention during the break. So if you'll let me know when I can do that.

# 10 THE COURT:

All right. Let's have the jurors, please. I'm sorry.

# 11 MS. CLARK:

Let me indicate for the record while the jurors are coming out that, your Honor, as a of good faith, page 20444 and 20445 with my examination of Kato Kaelin demonstrates that he admitted--he has testified that in January of `94, he was dating Paula Barbieri, and that when I asked him about a trip to Hawaii between `93 and `94 that he made with Paula Barbieri, he said he didn't know if they went. They went--he said he didn't know if they went on trips, but they probably did. He didn't know. And then as a matter of fact, I asked him about a memorial day trip in June of `94, and he said, "Yeah, I think it was to palm springs then." And so we have a good faith belief basis for that question.

# 12 MR. COCHRAN:

In June of `94. By that time, they had broken up. There would be no question. You saw Kato Kaelin--

# 13 MS. CLARK:

Counsel completely ignored the beginning part of what I just proffered.

# 14 MR. COCHRAN:

Well, those questions there--

# 15 THE COURT:

Wait, wait, wait, wait. We'll take this up later. I'm not interested in hearing about it now. Give me the page cite.

# 16 MS. CLARK:

20444 and 20445.

# 17 THE COURT:

Got it. Thank you. Let's have the cub scouts pull that up, please.

KEY QUOTE

# 18 MR. BLASIER:

Your Honor, 20430 is also relevant. Mr. Shapiro asked questions about that initially.

# 19 THE COURT:

All right. All right. Let's have the jurors, please.

Temperature

tense

Key Quotes (3)

Johnnie Cochran

I don't believe the question was asked in good faith. And if they have any reports, I would like to see that.

Cochran formally challenges the prosecution's factual basis for a question posed in front of the jury, framing it as misconduct.

Marcia Clark

as a of good faith, page 20444 and 20445 with my examination of Kato Kaelin demonstrates that he admitted--he has testified that in January of `94, he was dating Paula Barbieri

Clark rebuts the bad faith accusation by citing specific prior testimony pages to establish her factual predicate.

Lance A. Ito

Let's have the cub scouts pull that up, please.

Ito's casual, colloquial reference to court staff — a characteristic light moment amid procedural argument.

Evidence (2)

Informal

Kato Kaelin trial testimony, pages 20444–20445, regarding his knowledge of OJ Simpson and Paula Barbieri's trips to Hawaii

cited by Clark as good faith basis for her questioning

Informal

Kato Kaelin testimony, page 20430, initially raised by Mr. Shapiro — referenced by Blasier as also relevant

cited

Notable Exchanges (2)

Johnnie Cochran•Marcia Clark

Cochran accused Clark of asking the Hawaii/Barbieri question in bad faith; Clark fired back with specific transcript citations from Kaelin's testimony to establish her factual predicate. Both tried to speak simultaneously until Ito cut them off.

heated

Lance A. Ito•Johnnie Cochran

Cochran pushed to raise a separate sidebar matter brought to his attention during the break; Ito deferred it without ruling.

procedural

Light Moments (1)

Lance A. Ito

Ito referred to court staff as 'the cub scouts' when asking them to pull up the transcript pages.

Objections

None recorded

Proceeding 6678 • 19 utterances

Criminal Trial

Department 103