📄 Sidebar: cross-examination scope — Tuesday, July 18, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUL\18\SIDEBAR-CROSS-EXAMINATION-SCOP.DOC
TRIAL
▲ Day 117 of 167

Sidebar: cross-examination scope

Date: Tuesday, July 18, 1995 • Utterances: 38
During cross-examination of an LAPD officer who handcuffed OJ Simpson at Rockingham, prosecutors sought permission to ask about the officer's knowledge of evidence (blood at Bundy, blood trail at Rockingham) to counter the defense's 'rush to judgment' narrative. Cochran argued he had narrowly raised only the handcuffing itself, not probable cause, while Darden pushed to rebut the implication that there was no basis to detain Simpson. Judge Ito noted the arrest order came from Vannatter, not the officer on the stand, and recessed the jury to continue the argument.
1 THE COURT:

Let me see you at the sidebar with the court reporter.

2 (The following proceedings were held at the bench:)
3 THE COURT:

All right. We're over at the sidebar. Chris, where are you going with this?

4 MR. DARDEN:

Mr. Cochran has I think impressed the jury with the notion that LAPD or this officer in particular had no cause to arrest the Defendant within 30 seconds of his arrival at home. The fact of the matter is that this particular officer went to Bundy, he saw the bloody shoeprints, he knew about the blood drops, he knew about the dead bodies in front of the place. He knew it was Nicole Brown Simpson. He went to Rockingham, he saw the blood in the Bronco, he saw the blood trail behind the Bronco, he saw the blood going up the driveway, he saw the blood in the foyer. And this officer is going to testify that they should have hooked OJ Simpson up.

5 MR. COCHRAN:

I didn't hear that.

6 MR. DARDEN:

They should have hooked him up at that time. Counsel raised the notion that he had no cause to arrest him, and all I'm asking for is permission to rebut that notion and the fact of the matter that if it was anybody else, they would have been hooked up, as Mr. Cochran put it, and there was more than sufficient legal cause to do it. And I think under the circumstances, the jury needs to know that.

7 MR. COCHRAN:

All I tried to show is what happened when he came home. He was arrested or hooked up at this point until Howard Weitzman came. He already knew. I didn't go into Bundy. We specifically approached to discuss the limited inquiry I would ask about, and that's all I went into. 352. We're not raising the issue of that. We're just indicating he was arrested, hooked up. It wasn't even this guy's idea anyway. He was I guess junior to Vannatter. That's not the issue. The issue is what happened on that particular morning. That's all.

8 MR. DARDEN:

This is cross-examination. He shouldn't be allowed to restrict, you know, what is reasonable cross. And this is reasonable. You raised these issues, and I would like to finish.

9 MR. COCHRAN:

I haven't raised any issue. The Court indicated in the past in this situation.

10 THE COURT:

If you're not raising this issue, why did we call this guy?

11 MR. COCHRAN:

I did not raise that issue, your Honor. And I approached the bench and went through this. I didn't raise that issue about that. I just raised the issue this man handcuffed Mr. Simpson, and that's the issue I raised and talked about the coffee cup. That is all I did, as you said with us before. They presented their case. This is our case or part of the case. How does that become relevant, going over to Bundy? We went through that already. I mean after that, we're just trying to put our case on in a way that you've said they could put on their case. We've done exactly the same thing. I don't see how he can go far afield of that, how this is even relevant.

12 MR. DARDEN:

I never heard the term "Far afield" until I encountered Mr. Cochran and Mr. Shapiro. I watched their cross.

13 THE COURT:

Mr. Cochran, what was the relevance of putting this guy on in the first place; that he was handcuffed when he arrived, within 30 seconds of his arrival?

14 MR. COCHRAN:

What was the relevance of that?

15 THE COURT:

Yes.

16 MR. COCHRAN:

The relevance of that is they--this is on June 13th at 12:00 o'clock. There's nothing back, nothing at all, and he's handcuffed at that point.

17 MS. CLARK:

There's a better offer of proof that I can make.

18 MR. COCHRAN:

Not at all. That is a fact. You are saying I can't put this on? It has nothing to do with any probable cause.

19 THE COURT:

I allowed you to put that on.

20 MR. COCHRAN:

I'm saying, the relevance of it has to do with whether or not there's a rush to judgment, which is far different from probable cause. Whether they make a decision whether to handcuff this man within 30 to 45 seconds, this seems to be extremely relevant. The fact to allow them to parade up these blood spots over here, we've already heard that. It's cumulative. They don't get to retry their case. They tried there case. At this point, this is our case.

21 THE COURT:

My recollection, however, Mr. Darden, is that the direction to Officer Thompson came from Detective Vannatter.

KEY QUOTE
22 MR. COCHRAN:

Absolutely it did. He just told him what to do.

23 THE COURT:

Is that correct?

24 MR. DARDEN:

That is correct.

25 THE COURT:

Then the determination of probable cause is Detective Vannatter's or Detective Vannatter to testify to.

26 MR. DARDEN:

Judge, that is not the issue. He could have taken this up with Vannatter, okay, which they did. Now they called this other guy up here to raise the issue again in the Defense, and he is the officer who actually placed him in physical custody. How can his state of mind not be an issue? It's not fair, Judge.

27 MR. COCHRAN:

What do you mean it's not fair? Your Honor, this is the Defense case. This is the Defense case. We have the right to put that on. It has nothing to do--that's unfair. I mean, I approached the bench to talk to the Court about that. We're trying to move this case along. This is ridiculous. His state of mind, how can it be relevant to doing something?

28 MR. DARDEN:

My turn?

29 THE COURT:

Yes.

30 MR. DARDEN:

He's raised this rush to judgment stuff in his Defense, Judge. The witness is here.

31 THE COURT:

But the point I'm making--

32 MR. DARDEN:

He can testify to his--even though Vannatter is his senior, he has the right not to place someone under arrest if he doesn't believe there is probable cause. He is a police officer employed by the LAPD. You know, this officer has the right not to mind an unlawful order. If there was insufficient probable cause, he didn't have to arrest OJ Simpson.

KEY QUOTE
33 MR. COCHRAN:

Is he finished? Who's kidding whom?

KEY QUOTE
34 THE COURT:

Wait. How long is this going to take? He's going to say he was there, "I saw this, I saw that."

35 MR. DARDEN:

Well, you know, I'm on cross. I can, you know--I get to lead. I can lead him. 10 or 12 questions to finish that aspect.

36 MR. COCHRAN:

Judge, what I ask you to do in this case is--we are trying to do what we can to get this case finished.

37 THE COURT:

I understand you don't want to go back into this. I am going to let the jury go. Hold on. Stay there.

38 THE COURT:

All right. Ladies and gentlemen, this discussion is going to take a little longer than I thought. We're going to take our break right now. So why don't you all step back into the jury room, take your mid-afternoon break, and then I'll chat with the lawyers here for a few moments. All right. Remember all my admonitions to you. All right, officer. You can step down. Don't go away. Madam reporter, would you resume your spot there, please.

Temperature

tense

Key Quotes (5)

Christopher Darden
The fact of the matter is that this particular officer went to Bundy, he saw the bloody shoeprints, he knew about the blood drops, he knew about the dead bodies in front of the place... And this officer is going to testify that they should have hooked OJ Simpson up.
Darden's offer of proof — he wants to use the officer to rebut the rush-to-judgment narrative with specific evidence the officer personally observed.
Johnnie Cochran
The relevance of that has to do with whether or not there's a rush to judgment, which is far different from probable cause. Whether they make a decision whether to handcuff this man within 30 to 45 seconds, this seems to be extremely relevant.
Cochran reveals the strategic purpose of calling the witness: not probable cause per se, but the speed of the detention as evidence of bias.
Lance A. Ito
My recollection, however, Mr. Darden, is that the direction to Officer Thompson came from Detective Vannatter. Then the determination of probable cause is Detective Vannatter's or Detective Vannatter to testify to.
Ito cuts to the heart of the issue — the officer on the stand may not be the right vehicle for this testimony.
Christopher Darden
He can testify to his--even though Vannatter is his senior, he has the right not to place someone under arrest if he doesn't believe there is probable cause. He is a police officer employed by the LAPD. You know, this officer has the right not to mind an unlawful order.
Darden's creative argument for why the officer's state of mind is independently relevant despite Vannatter being the decision-maker.
Johnnie Cochran
Is he finished? Who's kidding whom?
Contemptuous dismissal of Darden's argument, revealing the friction between the two.

Evidence (2)

Informal
Bloody shoeprints and blood drops at Bundy crime scene
discussed as context for officer's knowledge
Informal
Blood in the Bronco, blood trail behind Bronco, blood in driveway and foyer at Rockingham
discussed as basis for probable cause argument

Notable Exchanges (3)

Christopher DardenJohnnie Cochran
Cochran insisted he only raised the narrow issue of the handcuffing itself; Darden argued the defense opened the door to the full probable cause question by implying the arrest was premature.
heated
Lance A. ItoJohnnie Cochran
Ito pressed Cochran on the relevance of calling the officer at all, forcing Cochran to articulate the 'rush to judgment' theory on the record.
strategic
Lance A. ItoChristopher Darden
Ito pointed out that the arrest order came from Vannatter, effectively suggesting Darden pursue this line with a different witness, which Darden pushed back against.
procedural

Light Moments (1)

Christopher Darden
Darden drily notes he had never heard the phrase 'far afield' until he encountered Cochran and Shapiro, implying they overuse it as a stalling tactic.

Objections

None recorded
Proceeding 6906 • 38 utterances
Criminal Trial
Department 103
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📂 JUL 18, 1995 📄 Sidebar: cross-examination sco
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