📄 Sidebar: hair evidence relevance — Tuesday, July 18, 1995
📅 Jul 18 — Day 117
⚖️ Lance A. Ito
chain_of_custodydnahair_fiber
Address:
C:\DEPT103\CRIMINAL\1995\JUL\18\SIDEBAR-HAIR-EVIDENCE-RELEVANC.DOC
TRIAL
▲ Day 117 of 167

Sidebar: hair evidence relevance

Date: Tuesday, July 18, 1995 • Utterances: 8
Marcia Clark sought to cross-examine a defense witness about whether OJ Simpson's family members (specifically Marguerite or Arnelle) dyed or tinted their hair, which would potentially explain non-matching dyed hairs found in a knit cap. Cochran objected strenuously, calling the line of questioning preposterous and beyond the scope. Judge Ito allowed limited cross-examination on the tinted hair issue.
1 (The following proceedings were held at the bench:)
2 THE COURT:

All right. We are over at sidebar. Where are we going with this?

3 MS. CLARK:

Well, the reason that they called her obviously is because of the non-matching hairs in the cap that are tinted, dyed, but black origin hairs. And those hairs could have been from a member of his family who tinted or dyed their hair like Marguerite or Arnelle. So I want to probe with this witness whether she knows whether they treated their hair.

4 THE COURT:

How is it even plausible that Marguerite could be a source?

5 MS. CLARK:

Because this hat has been in his possession for the last--well, they stopped manufacturing this hat in 1980. It's an old hat.

6 MR. COCHRAN:

Your Honor, this is desperate. That is preposterous. She already indicated she didn't know anything about Marguerite. This is beyond the scope. We're trying to move this case along rather than spending three, four days on something that has nothing to do with anything.

KEY QUOTE
7 THE COURT:

The issue of tinted hair is fair game. So I'll allow some limited cross-examination on this area, limited however.

KEY QUOTE
8 (The following proceedings were held in open court:)

Temperature

tense

Key Quotes (3)

Marcia Clark
those hairs could have been from a member of his family who tinted or dyed their hair like Marguerite or Arnelle. So I want to probe with this witness whether she knows whether they treated their hair.
Clark's theory for why non-matching hairs in the cap might still be linked to Simpson — an old hat shared with family members who colored their hair.
Johnnie Cochran
Your Honor, this is desperate. That is preposterous. She already indicated she didn't know anything about Marguerite. This is beyond the scope.
Cochran's characterization of Clark's theory as 'desperate' is a pointed rhetorical attack on the prosecution's hair evidence strategy.
Lance A. Ito
The issue of tinted hair is fair game. So I'll allow some limited cross-examination on this area, limited however.
Ito's ruling permits the cross but signals he will keep it narrow, a partial win for both sides.

Evidence (2)

Informal
Knit cap containing non-matching hairs that are tinted/dyed but of black origin
discussed
Informal
Old knit hat, manufactured before 1980, allegedly in Simpson's possession for many years
discussed

Notable Exchanges (2)

Marcia ClarkLance A. Ito
Clark explained her theory that the cap's age made it plausible Marguerite or Arnelle's dyed hairs could be present; Ito questioned the plausibility but ultimately allowed limited cross.
strategic
Johnnie CochranLance A. Ito
Cochran pushed back hard calling the inquiry preposterous and a waste of time, but was overruled.
heated

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 6888 • 8 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JUL 18, 1995 📄 Sidebar: hair evidence relevan
JUL 18, 1995 KRT DvH TD