Sidebar: video exhibit testimony

📄 Sidebar: video exhibit testimony — Wednesday, July 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\19\SIDEBAR-VIDEO-EXHIBIT-TESTIMON.DOC

TRIAL

▲ Day 118 of 167

◀ Cross-examination of Richard Walsh (part 2) Cross-examination of Richard Walsh (part 3) ▶

Date: Wednesday, July 19, 1995 • Utterances: 30

The prosecution and defense sidebar with Judge Ito over whether Darden can ask a witness about a specific audio portion of a video exhibit in which OJ Simpson made an apparently ad-libbed comment about 'the wife.' Ito rules the witness's opinion about the comment is irrelevant, but Darden argues the value is in establishing the remark was unscripted — a spontaneous statement by the defendant. The judge is skeptical due to cumulative concerns, having counted two prior playings.

# 1 THE COURT:

Sidebar with the court reporter, please.

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

# 3 THE COURT:

We've already played this three times now.

# 4 MR. DARDEN:

Who played it three times?

# 5 THE COURT:

You've played it once already.

# 6 MR. DARDEN:

Brian played it yesterday during--the full length, throughout the entire video.

# 7 THE COURT:

You've played it once.

# 8 MR. DARDEN:

Who played it?

# 9 THE COURT:

Today you did.

# 10 MR. DARDEN:

This audio portion about the wife?

# 11 THE COURT:

Yes.

# 12 MR. DARDEN:

I haven't played that.

# 13 MR. COCHRAN:

Absolutely.

# 14 THE COURT:

Yes, we did.

# 15 MR. COCHRAN:

We heard it.

# 16 THE COURT:

Give your offer. This witness has something specific?

# 17 MR. DARDEN:

Well--

# 18 THE COURT:

What's he going to say?

# 19 MR. DARDEN:

He is going to say he thought it was in poor taste. He's going to say he was surprised to hear it. He's going to say that wasn't the subject of the conversation. He's going to say he made two such comments like that that day.

# 20 THE COURT:

All right. His opinion is irrelevant.

KEY QUOTE

# 21 MR. COCHRAN:

It's irrelevant, your Honor.

# 22 THE COURT:

All right. You can--wait.

# 23 MR. DARDEN:

In addition, it wasn't scripted, it wasn't part of the script. It was ad-libbed. This is a freebee by the Defendant.

KEY QUOTE

# 24 MR. COCHRAN:

It's been played already. State of mind?

# 25 MR. DARDEN:

We are trying to convict the guy. We're not here to hold his hand, Judge. He made the statement and I want to ask the witness about the statement, was it part of the script, was it ad-libbed was he expecting it.

KEY QUOTE

# 26 MR. COCHRAN:

Objection. They played it already. It's cumulative. We went through this yesterday. In addition to that, his state of mind is not important. They've done it previously, your Honor.

# 27 THE COURT:

We've played it twice.

# 28 MR. DARDEN:

What am I supposed to do; ask him questions about that part? Well, I can handle it. I'm a big guy.

KEY QUOTE

# 29 THE COURT:

All right. Thanks.

# 30 MR. COCHRAN:

I'll be objecting.

Temperature

tense

Key Quotes (4)

Christopher Darden

We are trying to convict the guy. We're not here to hold his hand, Judge. He made the statement and I want to ask the witness about the statement, was it part of the script, was it ad-libbed, was he expecting it.

Darden drops the procedural veneer and states the prosecution's purpose bluntly — establishing the comment was spontaneous gives it greater evidentiary weight as an unguarded admission.

Christopher Darden

In addition, it wasn't scripted, it wasn't part of the script. It was ad-libbed. This is a freebee by the Defendant.

The word 'freebee' is revealing — Darden is framing OJ's comment as an unforced, self-incriminating aside, making the spontaneity the entire point of the testimony.

Christopher Darden

What am I supposed to do; ask him questions about that part? Well, I can handle it. I'm a big guy.

Darden accepts the court's limitation with dry self-deprecation after a testy exchange — a rare moment of deflation after an impassioned argument.

Lance A. Ito

His opinion is irrelevant.

The judge cuts off Darden's offer of proof quickly, ruling that the witness's reaction to OJ's comment doesn't add probative value regardless of how many times it has already been played.

Evidence (1)

Informal

A video exhibit (likely OJ Simpson's workout/exercise video) containing an audio portion in which Simpson made an apparently unscripted comment about 'the wife'

disputed — prosecution sought additional witness testimony about the ad-libbed remark; judge limited further use as cumulative

Notable Exchanges (2)

Lance A. Ito•Christopher Darden

Brief dispute over how many times the video segment had been played — Ito says twice (once today, once by Brian yesterday), Darden initially pushes back before accepting the count. Ito then limits further examination on the point.

testy

Christopher Darden•Johnnie Cochran

Cochran aligns with Ito's relevance ruling and piles on with a cumulative objection; Darden escalates with his 'convict the guy' speech before standing down.

strategic

Light Moments (1)

Christopher Darden

After Ito limits his examination, Darden shrugs it off with 'Well, I can handle it. I'm a big guy.'

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 6916 • 30 utterances

Criminal Trial

Department 103