Sidebar: cross-examination question

📄 Sidebar: cross-examination question — Wednesday, July 12, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\12\SIDEBAR-CROSS-EXAMINATION-QUES.DOC

TRIAL

▲ Day 113 of 167

◀ Cross-examination of Robert Heidstra (part 2) In chambers: impeachment evidence ▶

Date: Wednesday, July 12, 1995 • Utterances: 21

During cross-examination of witness Robert Heidstra, Darden attempted to ask about a statement that Heidstra reportedly said an angry voice he heard 'sounded black.' Cochran objected fiercely, calling the question racist and accusing Darden of violating an agreed protocol to approach the bench before asking sensitive questions. The exchange escalated into a personal confrontation between the two attorneys, prompting Judge Ito to threaten both with contempt and call a recess.

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

# 2 THE COURT:

All right. Mr. Heidstra, you can step down. Mr. Darden, where are you going with this?

# 3 MR. DARDEN:

Can we have Mr. Heidstra step outside?

# 4 THE COURT:

Mr. Heidstra, why don't you step outside.

# 5 (Mr. Heidstra exits the courtroom.)

# 6 MR. DARDEN:

Thank you for the opportunity to explain my position, your Honor. Your Honor, in the discovery we just provided the Defense, and in a statement Patricia Baret gave to Detective Tom Lange, she told Detective Lange that Heidstra told her that he heard what sounded to him to be a young man hollering, "Hey, hey, hey." Heidstra had then stated that he heard the very angry screaming of an older man who sounded black. And that is a good faith basis upon which I am asking these questions, your Honor.

# 7 THE COURT:

Mr. Cochran.

# 8 MR. COCHRAN:

First of all, we have never seen that statement and I resent--the reason I stood before--I resent that statement. You can't tell by somebody's voice whether they sounded black. I don't know who made that statement, Baret or Lange, and I resent that is a racist statement. I don't think you can tell whether somebody is a young--you can tell if it is a child or not--but I resent that entire area and I think it is entirely inappropriate. And we have never seen any statement in that regard. He walked over and handed Mr. Douglas a purported report from Miss Baret, but this statement about whether he sounds black or white is racist and I resent it and that is why I stood and objected. And I think it is totally improper in America at this time in 1995 we have to hear this and endure this.

# 9 MR. DARDEN:

I didn't make the statement, your Honor.

KEY QUOTE

# 10 MR. COCHRAN:

Well, the Court--may I say one thing, your Honor? When I had a question about how Mr. Darden conducted himself on that morning, I approached the bench before I asked it in front of the jury because I think dignity and integrity require that, but to ask that question in front of the jury I think is totally, totally improper. And we have said back in chambers when this case started, when there was a questionable area we had promised you that we would approach the bench on those things. Didn't we not do that?

# 11 THE COURT:

We did.

# 12 MR. COCHRAN:

We have kept that word and they violated it again, so I resent that.

# 13 MR. DARDEN:

I have always considered the question of race in this case, your Honor, to be questionable. If this is the witness' statement, then he is the racist and not me, but that is what you are suggesting.

# 14 MR. COCHRAN:

I didn't say that.

# 15 THE COURT:

Wait, wait.

# 16 MR. DARDEN:

That is what has created a lot of problems for myself and my family, statements that you make about me and race, Mr. Cochran.

KEY QUOTE

# 17 MR. COCHRAN:

Your Honor--

# 18 THE COURT:

Wait, wait, wait. I'm going to take a recess right now because I am so mad at both of you guys I'm about to hold both of you in contempt. We will take 15. If I see this conduct again from either of you two--

KEY QUOTE

# 19 MR. DARDEN:

I apologize, your Honor.

# 20 THE COURT:

It will take more than that.

KEY QUOTE

# 21 (Recess.)

Temperature

heated

Key Quotes (5)

Johnnie Cochran

You can't tell by somebody's voice whether they sounded black. I don't know who made that statement, Baret or Lange, and I resent that is a racist statement.

Cochran's core objection — that racial identification by voice is both impossible and prejudicial — frames the dispute and sets the tone for the confrontation.

Christopher Darden

I didn't make the statement, your Honor.

Darden's terse defense: he is relaying a witness's own characterization, not injecting race himself.

Christopher Darden

That is what has created a lot of problems for myself and my family, statements that you make about me and race, Mr. Cochran.

Darden makes the dispute personal, revealing the accumulated tension between the two men over race-related accusations throughout the trial.

Lance A. Ito

I'm going to take a recess right now because I am so mad at both of you guys I'm about to hold both of you in contempt.

Ito's rare loss of composure underscores how far the exchange had broken down professional norms.

Lance A. Ito

It will take more than that.

Ito's dismissal of Darden's apology signals that the court's patience has been genuinely exhausted.

Evidence (1)

Informal

Statement by Patricia Baret to Detective Tom Lange, in which Heidstra reportedly described hearing a young man yelling 'Hey, hey, hey' and an older man whose angry screaming 'sounded black'

cited by Darden as good-faith basis for cross-examination; handed to defense as late discovery; disputed by Cochran as never previously seen

Notable Exchanges (2)

Johnnie Cochran•Christopher Darden

Cochran accused Darden of violating a pre-trial agreement to approach the bench before raising sensitive questions in front of the jury. Darden responded that Cochran's repeated public accusations about Darden and race had caused personal harm to him and his family. The exchange became openly personal before Ito intervened.

heated

Lance A. Ito•Christopher Darden

After Darden apologized, Ito coldly replied 'It will take more than that,' refusing to accept the apology as sufficient and underscoring the gravity of the breakdown.

stern

Credibility Attacks (1)

⚔ Robert Heidstra

prior statement — racial characterization of voice heard at scene

Darden sought to confront Heidstra with a third-party account (Baret to Lange) in which Heidstra allegedly described a voice as sounding like an older Black man, which Darden argued was relevant to the cross-examination. The attempt was cut off before the question could be asked in front of the jury.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 6777 • 21 utterances

Criminal Trial

Department 103