📄 Sidebar: impeachment evidence admissibility — Wednesday, July 12, 1995
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▲ Day 113 of 167

Sidebar: impeachment evidence admissibility

Date: Wednesday, July 12, 1995 • Utterances: 28
A sidebar about whether Robert Heidstra's statement to Patricia Baret — 'I know it was O.J., it had to be him' — could be elicited from the witness, with Cochran arguing there was no foundation for voice identification. Cochran also sought permission to impeach Heidstra with a statement he allegedly made about expecting to get rich from his testimony, enough to buy a Rolls Royce. The sidebar was punctuated by a tense exchange in which Cochran invoked racial issues and Ito sharply told him to drop it.
1 (The following proceedings were held at the bench:)
2 THE COURT:

We are over at the side bar. Mr. Darden.

3 MR. DARDEN:

Your Honor, the next sentence in the statement, and this is in quotes is that--well, it indicates that the witness told Patricia Baret, "I know it was O.J., it had to be him." And that is going to be the next question.

4 MR. COCHRAN:

Object to that. First of all, I object to the foundation. I can tell you he is going to deny that because I spoke to him during the recess, but more importantly than that, without a further foundation, the answer that--there is no testimony he ever heard O.J. talk ever before. He indicates he saw him one other time at his property when he was next door to the Salingers and there was no indication he ever heard him talk or whatever. And while we are up here, you should probably look at the statement all the way through because there is a statement about Mr. Darden. Are you going to elicit that, too?

5 MR. DARDEN:

Yeah.

6 MR. COCHRAN:

Are you going to elicit that? Let him the read the statement.

7 MR. DARDEN:

I was going to put it on the elmo.

8 (Brief pause.)
9 THE COURT:

It is your contention that he knows it was O.J. on the basis of the voice?

10 MR. DARDEN:

Well, I'm going to ask him. I will lay the foundation, if necessary, but this is his opinion. This is opinion and he has already stated that opinion publicly. I just didn't want to run into a buzz saw.

11 THE COURT:

Yes, you should be wise to stay away from the buzz saw today and everyday. The problem is, the way it is couched, "I know it was O.J. it had to be him" doesn't say "I'm positive" or "I know it is him because I saw him or because I heard him," so I might sustain a 352 objection. You can try to lay a foundation here, but I have a feeling it is speculation.

KEY QUOTE
12 MR. COCHRAN:

352--while we are up here, save some time. You don't like us coming up here.

13 THE COURT:

I don't like either of you guys today.

KEY QUOTE
14 MR. COCHRAN:

I think that is unfair.

15 THE COURT:

No, don't say anything about it.

16 MR. COCHRAN:

Right. I have to stand up for what I believe.

17 THE COURT:

I understand that.

18 MR. COCHRAN:

You have to understand that I am a man and I feel strongly about racial issues.

KEY QUOTE
19 THE COURT:

Mr. Cochran--

20 MR. COCHRAN:

I'm going to always do that.

21 THE COURT:

I'm going to tell you one more time, I don't want to hear any more about it.

22 MR. COCHRAN:

Okay. I want to tell you how I feel. Judge, while we are up here, can we finally get an offer of proof of where he's going to go, because there is also some other statement attached here to that that I think may ultimately be relevant, and I want to show you one thing to save some time. The statement of this man field, first of all, there is no where in any of these statements anything about a bumper, the color of the chrome bumper, anything. I haven't seen anything about that or about tinted windshields, so there is nothing in any statements that I have now been given. In addition to that, read this part. Want to read this into the record. He asked some questions about making money. Here is what Heidstra supposedly told Mr. Field. "Heidstra stated that he was going to make a lot of money because the People of the District Attorney's office said so. Stated he would make enough money to purchase a Rolls Royce." Now, at the preliminary hearing there was testimony--Patty Jo Fairbanks had indicated to the witness Camacho, "Make a lot of money"--and some of these things you are going to find on redirect--sold stories to Current Affair and to Hard Copy, so they are making money. This guy hasn't. And so I am just asking you, I want to go into that, which becomes very relevant.

23 THE COURT:

Going into Camacho or statements made by Heidstra to Patty Jo Fairbanks?

24 MR. COCHRAN:

Statements from People from the D.A.'s office about him making a lot of money.

25 MR. DARDEN:

I have no objection, because I'm going to go into, as you can see from the other statement, this guy apparently just wants to testify. He don't care who he testifies for. And so I'm going to go into that.

26 THE COURT:

Okay.

27 MR. DARDEN:

I have no objection.

28 THE COURT:

I agree. If somebody mentioned making money from the D.A.'s office, you can go into that. Okay. Thank you.

Temperature

tense

Key Quotes (4)

Lance A. Ito
Yes, you should be wise to stay away from the buzz saw today and everyday.
Ito signals skepticism about the foundation for the 'I know it was O.J.' statement before it's even asked.
Lance A. Ito
I don't like either of you guys today.
Rare moment of judicial frustration expressed directly at both lead attorneys simultaneously.
Johnnie Cochran
You have to understand that I am a man and I feel strongly about racial issues.
Cochran pushes back against Ito's admonishment, invoking race — which Ito immediately shuts down.
Johnnie Cochran
Heidstra stated that he was going to make a lot of money because the People of the District Attorney's office said so. Stated he would make enough money to purchase a Rolls Royce.
Cochran reads from a field statement attributing a damaging remark to Heidstra, establishing a bias/financial motive impeachment angle.

Evidence (2)

Informal
Heidstra's written statement to investigator Field, containing the quote 'I know it was O.J., it had to be him' told to Patricia Baret
discussed, admissibility contested
Informal
Portion of Heidstra's field statement referencing a Rolls Royce and making money from the DA's office
read into the record by Cochran, permission granted to use for impeachment

Notable Exchanges (2)

Johnnie CochranLance A. Ito
Cochran invokes racial issues mid-sidebar; Ito says he doesn't like either attorney today and twice orders Cochran to stop; Cochran insists on his right to speak to it.
tense
Johnnie CochranChristopher Darden
Cochran asks if Darden intends to elicit a portion of the statement involving Darden himself; Darden confirms he will, and both sides end up agreeing on the Rolls Royce impeachment.
strategic

Light Moments (2)

Lance A. Ito
Ito quips 'you should be wise to stay away from the buzz saw today and everyday' after Darden says he didn't want to 'run into a buzz saw.'
Lance A. Ito
Cochran notes the sidebar is saving time while simultaneously complaining Ito doesn't like them coming up — Ito confirms he doesn't like either of them today.

Credibility Attacks (2)

⚔ Robert Heidstra
financial bias / prior statement
Cochran seeks to introduce Heidstra's alleged statement that the DA's office told him he would make enough money to buy a Rolls Royce, establishing a motive to testify favorably for the prosecution. Ito grants permission.
⚔ Robert Heidstra
lack of foundation / speculation
Cochran argues there is no established basis for Heidstra to identify OJ's voice — he only saw Simpson once from a distance with no known prior voice contact. Ito agrees the 'I know it was O.J.' statement risks being speculative under 352.

Objections

1 objections (0 sustained, 0 overruled)
Proceeding 6770 • 28 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JUL 12, 1995 📄 Sidebar: impeachment evidence
JUL 12, 1995 KRT DvH TD