Sidebar: witness bias evidence

📄 Sidebar: witness bias evidence — Wednesday, July 12, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\12\SIDEBAR-WITNESS-BIAS-EVIDENCE.DOC

TRIAL

▲ Day 113 of 167

◀ Redirect examination of Robert Heidstra (part 1) Redirect examination of Robert Heidstra (part 2) ▶

Date: Wednesday, July 12, 1995 • Utterances: 24

During a sidebar, Cochran seeks permission to question the current (male) witness about Patricia Baret's potential bias — specifically allegations that she sold her story to tabloid TV programs Hard Copy or Current Affair, and that she is a friend of the Goldmans. Ito allows limited inquiry into the witness's knowledge of Baret's bias, instructing Cochran to ask non-leading questions about her TV appearances. A secondary discovery dispute over a tape related to Tom Lang is briefly raised by Clark and deferred to 1:30.

# 1 THE COURT:

Side bar.

# 2 (The following proceedings were held at the bench:)

# 3 THE COURT:

All right. Over at the side bar. Mr. Cochran.

# 4 MR. COCHRAN:

The information I have, your Honor, and I don't have that tape yet, but I expect to get it, this lady heard on Hard Copy or Current Affair and sold her story. She was the one who was talking about making money, not him. He has never sold any story, and I don't have the tape yet, but that is the information that I have. They came and told me during the break this is the circumstances, so I think it goes to her bias, making up these statements. She is a friend of Goldmans. If she sold her story and she knows that, I think it is totally relevant, also to bias or interest.

# 5 THE COURT:

Mr. Darden.

# 6 MR. DARDEN:

Well, I think that if he knows that, he only knows from it hearsay, and I think he should just call her and ask her.

# 7 MR. COCHRAN:

He is right now doing that, but I want to ask him because he is here now and I think that is an appropriate question asked in good faith.

# 8 MR. DARDEN:

Not only that, I don't think he is asking him--I'm sure he is asking him in good faith, but technically not. He doesn't even have the proof of that. But Patricia Baret is available to testify.

# 9 THE COURT:

All right. Mr. Cochran, you can require into any knowledge he might have as to why she might be biased or say these things, for example, the fact that she was acquainted with Ron Goldman. Obviously that is something that you can inquire into. You can ask are you familiar with or do you have knowledge of any statements that she has given to any TV interviewer, same kind of questions that Mr. Darden asked. Have you seen any interviews on any shows like x, y, or z, and let's see what he says.

# 10 MR. COCHRAN:

Okay.

# 11 MR. DARDEN:

Can we not say "Like." That is a little leading. Can he ask him what shows?

# 12 MR. COCHRAN:

I know how to frame the question. I like your question and I will ask it the way he asked it.

# 13 THE COURT:

Non-leading, since it is direct.

# 14 MR. COCHRAN:

Right.

# 15 MS. CLARK:

Your Honor, with respect to--since we are at side bar, I want to let the Court know that with respect to the discovery issue on Tom Lang, which I was informed of when I came in, Mr. Hodgman needs to address you with respect to that issue ex parte and I will indicate to counsel we have no tape.

# 16 MR. COCHRAN:

We have no tape?

# 17 MS. CLARK:

There is no tape.

# 18 MR. COCHRAN:

They claim that you have a tape.

# 19 MS. CLARK:

I know. They are wrong. I will tell you about that.

# 20 MR. COCHRAN:

Maybe we can talk.

# 21 THE COURT:

Take that up at 1:30.

# 22 MS. CLARK:

Okay.

# 23 MR. COCHRAN:

Mr. Bailey's issue and he will be back.

# 24 MS. CLARK:

All right.

Temperature

procedural

Key Quotes (4)

Johnnie Cochran

She was the one who was talking about making money, not him. He has never sold any story.

Cochran frames the bias argument — the witness he wants to impeach (Baret) was motivated by money, while his own witness was not.

Lance A. Ito

You can require into any knowledge he might have as to why she might be biased or say these things, for example, the fact that she was acquainted with Ron Goldman.

Ito's ruling defines the permissible scope of cross-examination on Baret's bias.

Christopher Darden

He doesn't even have the proof of that. But Patricia Baret is available to testify.

Darden argues the proper avenue is to call Baret directly rather than elicit hearsay about her through another witness.

Marcia Clark

There is no tape.

Clark flatly denies possession of a tape the defense apparently believes exists, setting up a dispute to be resolved later.

Evidence (2)

Informal

Alleged Hard Copy or Current Affair interview in which Patricia Baret sold her story

discussed — defense expects to obtain tape but does not yet have it

Informal

Tape related to Tom Lang (discovery dispute)

disputed — prosecution denies its existence; deferred to 1:30

Notable Exchanges (3)

Christopher Darden•Johnnie Cochran

Darden objects that Cochran's proposed question about Baret selling her story is based on hearsay with no proof; Cochran counters he is acting in good faith on information received during the break.

strategic

Christopher Darden•Johnnie Cochran

Darden asks that Ito's suggested phrasing ('like x, y, or z') not be used as it is leading; Cochran accepts and says he knows how to frame the question.

procedural

Marcia Clark•Johnnie Cochran

Clark announces there is no tape (re: Tom Lang); Cochran disputes this, saying the defense was told one exists.

tense

Light Moments (1)

Johnnie Cochran

Cochran agrees with Ito's suggested line of questioning and says 'I like your question and I will ask it the way he asked it,' prompting a mild moment of collegial agreement.

Credibility Attacks (1)

⚔ Patricia Baret

bias — financial motive and relationship with Goldman family

Cochran argues Baret sold her story to tabloid TV (Hard Copy or Current Affair) and is a friend of the Goldmans, both facts going to her bias and motive to fabricate testimony.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 6773 • 24 utterances

Criminal Trial

Department 103