The defense objected to testimony identifying who a phone call was made to, arguing hearsay and lack of foundation. Clark revealed the call was to 'Skip' — Skip Taft, Simpson's lawyer — and Ito overruled the objection, ruling it admissible as a party admission.
# 1 (The following proceedings were held at the bench:) # 2 THE COURT: Off the record.
# 3 (A discussion was held at the bench, not reported.) # 4 MR. COCHRAN: I objected, your Honor. I think that this is still hearsay, and he can't tell who the call was to I don't think.
# 5 MS. CLARK: Yes, he can.
# 6 MR. COCHRAN: Maybe he can, maybe he can't.
# 7 MS. CLARK: He can. Let me tell the Court. He indicates the first call was to someone named Skip.
# 10 MS. CLARK: As in Taft.
# 12 MS. CLARK: His lawyer.
# 14 MS. CLARK: That's it.
# 15 THE COURT: The problem--let me ask you this though.
# 17 THE COURT: All right. Okay. It is--and your objection is hearsay?
# 18 MR. COCHRAN: Well, yeah. Hearsay. Also, in addition to that, you know, no proper foundation for this. How does he know who it is?
# 19 MS. CLARK: He heard it. All he is going to--
# 20 MR. COCHRAN: How did it get to Bob before the jury?
# 21 THE COURT: Johnnie, you were this close, if he had a phone record.
KEY QUOTE # 22 MR. COCHRAN: We want to get closer. We're going to get closer. I understand you left the door open. I understand that. So we're having--
# 23 THE COURT: I can't make it any plainer than that, can I?
# 24 MR. COCHRAN: No. I'm not quarreling with that.
# 25 THE COURT: All right. Let's go. It is an admission.
KEY QUOTE