📄 Sidebar: credibility question — Wednesday, July 12, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUL\12\SIDEBAR-CREDIBILITY-QUESTION.DOC
TRIAL
▲ Day 113 of 167

Sidebar: credibility question

Date: Wednesday, July 12, 1995 • Utterances: 16
Cochran requests a sidebar before asking witness Robert Heidstra about allegedly hostile treatment by Darden regarding his immigration status during a prosecution interview. Darden denies the characterization, saying he was making friendly conversation about France. Judge Ito sustains the objection on hearsay and Evidence Code 352 grounds.
1 (The following proceedings were held at the bench:)
2 THE COURT:

All right. We are over at the side bar. Mr. Cochran, where are you going with this?

3 MR. COCHRAN:

Thank you.

4 THE COURT:

You've already gotten out that he was asked about his immigration status.

5 MR. COCHRAN:

Right. But he also--what he would say is that this is an offer of proof of what he told me, but Darden asked where he was from and he says, "What are you doing here? Don't you want to go back there" or words to that effect. He took that has an indication that they are saying you should get lost or get out of here, and he was offended by that, so before I would ask that in front of the jury I wanted to at least preview that to you. That is what he indicated to me. So I wanted to ask him that question. And it would be improper if that happened. And I wasn't there, but that is what the witness says and he says they were unfriendly and nasty to him and asked about his immigration status. They had no interest at all in any of the events of what he had seen, but they just wanted to know about him and his job and that sort of thing and he felt they treated him badly as a citizen. That is what he felt. So before I asked that question, as I promised you, side bars, I promised you I would come up. And it goes to their whole stand and rush to judgment aspect.

6 MR. DARDEN:

I'm extremely disappointed, your Honor, in Mr. Cochran, that he would resort to this type of character assassination of myself. In any event, that is completely irrelevant. And so that the record is clear, we had a talk about your Honor and France and I asked him when was the last time he had been home. I already knew that he was an American citizen because he had told me that he was. And I asked him where he was from because I heard that he was from France and we had a conversation with another French woman and I wanted to know if he spoke French and where he was from and that will become apparent I think as we go through the cross-examination. But you know, this is low. This is low.

7 MR. COCHRAN:

Well, first of all, talking about low, they asked questions in front of a jury. I have the dignity and integrity to ask you before I say anything. I have an obligation to my client. If a witness tells me something, I have an obligation to come up here and ask you, not like they do in front of the jury. I'm telling what you the witness has indicated to me.

KEY QUOTE
8 MR. DARDEN:

Mr. Cochran is desperate. None of that happened.

KEY QUOTE
9 MR. COCHRAN:

Desperate?

10 MR. DARDEN:

I should indicate this as well. I was actually very ill that morning, but I know you don't care much about that.

11 THE COURT:

I take it this is a 352 objection because what is said to him and what his impressions were as to what he meant is really not tremendously relevant at this point.

12 MR. COCHRAN:

Relevant--isn't it? Well, your Honor--relevant, your Honor? Here is the reason it is relevant, and I will submit it after that. We hear all this talk about a search for truth. We find out there are all these witnesses that have come forward, who they know about, credible, who have information that was far different than what they have said. Truth according to the Prosecution, and then there is the truth, and so then if these people are all relevant and the witnesses are--who they don't want fit into their timeline are treated in a certain way. Isn't that relevant, your Honor?

13 THE COURT:

It is relevant and these people come in through the Defense and testify.

14 MR. DARDEN:

Mr. Heidstra does fit into our timeline.

15 THE COURT:

But his reaction to something that was said, first of all, is hearsay. Secondly, I think there is a good 352 so I will sustain the objection.

16 THE COURT:

Thank you.

Temperature

heated

Key Quotes (4)

Johnnie Cochran
They had no interest at all in any of the events of what he had seen, but they just wanted to know about him and his job and that sort of thing and he felt they treated him badly as a citizen.
Cochran's core allegation — that the prosecution intimidated or dismissed a defense-favorable witness by focusing on his immigration status rather than his account of events.
Christopher Darden
This is low. This is low.
Darden's visceral reaction, characterizing Cochran's move as personal character assassination rather than legitimate advocacy.
Johnnie Cochran
Talking about low, they asked questions in front of a jury. I have the dignity and integrity to ask you before I say anything.
Cochran flips Darden's 'low' accusation back on him, framing the sidebar itself as proof of his own ethical conduct.
Christopher Darden
Mr. Cochran is desperate. None of that happened. I should indicate this as well. I was actually very ill that morning, but I know you don't care much about that.
Darden's flat denial combined with a personal aside — a rare moment of vulnerability or self-pity at the bench.

Notable Exchanges (2)

Johnnie CochranChristopher Darden
Cochran alleges Darden asked Heidstra hostile questions about his immigration status during a prosecution interview; Darden denies it, saying he was asking about France as friendly conversation. Both men accuse the other of bad faith.
heated
Lance A. ItoJohnnie Cochran
Cochran argues the prosecution's treatment of defense witnesses is relevant to their 'rush to judgment' theme; Ito agrees witnesses are relevant but rules that Heidstra's subjective reaction to what was said is hearsay and subject to 352.
procedural

Credibility Attacks (1)

⚔ Christopher Darden
bias / witness intimidation allegation
Cochran sought to establish that Darden treated defense witness Heidstra with hostility during a prosecution interview, asking about his immigration status and showing no interest in his eyewitness account — suggesting prosecution suppressed or discouraged unfavorable testimony.

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 6765 • 16 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JUL 12, 1995 📄 Sidebar: credibility question
JUL 12, 1995 KRT DvH TD