Sidebar: witness credibility and bias

📄 Sidebar: witness credibility and bias — Wednesday, July 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\19\SIDEBAR-WITNESS-CREDIBILITY-AN.DOC

TRIAL

▲ Day 118 of 167

◀ Cross-examination of John Meraz (part 3) Cross-examination of John Meraz (part 4) ▶

Date: Wednesday, July 19, 1995 • Utterances: 26

A brief bench conference about the prosecution's bias theory — that a witness was steered toward attorneys by someone connected to the Defense, which Clark argues shows the witness's bias. Cochran and Shapiro both deny recommending the attorneys, and Ito quickly shuts down further argument since the relevant fact (that the witness discussed attorney hiring with a Defense investigator) is already in the record.

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

# 2 THE COURT:

Miss Clark, what is your offer of proof?

# 3 MR. COCHRAN:

What is your offer of proof? What is this?

# 4 MS. CLARK:

No. This was questioning that we began with a pretrial hearing, but as he has already conceded, it is pretty evident he got advice from the Defense about hiring lawyers who helped him with the wrongful termination but for which he would not have pursued it in the manner he has. And it is just to show bias.

# 5 THE COURT:

No, no. I let you bring it in regarding bias.

# 6 MS. CLARK:

Uh-huh.

# 7 THE COURT:

And if there is an indication that he was steered to certain attorneys by somebody connected with the Defense, I agree that that goes to bias, but what is the answer going to be? He said he discussed who he should hire with the Defense?

# 8 MS. CLARK:

Right.

# 9 THE COURT:

Investigator?

# 10 MS. CLARK:

Right, right.

# 11 THE COURT:

But isn't that in the record at this point?

# 12 MS. CLARK:

That is in the record.

# 13 THE COURT:

Okay. Isn't that pretty much it?

# 14 MS. CLARK:

Yeah.

# 15 THE COURT:

Okay.

# 16 MS. CLARK:

And then after that he hired lawyers.

# 17 MR. COCHRAN:

Let me indicate this: Bob Shapiro and I, as far as we know we have never talked to this guy about any lawyers. We didn't refer these two guys. That is a very unfair impression. I don't know what she is talking about.

# 18 THE COURT:

You can clean it up.

# 19 MR. COCHRAN:

I want to ask these lawyers. I think these lawyers have a right, too. They--they--I don't know who these guys are, where they came from. It has nothing to do with this, I will indicate that, and I think that that is why they wanted to approach, and if I can go over and ask him--

# 20 MR. SHAPIRO:

I have never seen either of these gentlemen before this case and I don't know who they are.

# 21 MS. CLARK:

Wait a minute. This is a big Defense team. I'm not saying Mr. Cochran or Mr. Shapiro recommended these guys. In fact, I think I can in good faith say they would not; they would have hired Mr. Hack.

# 22 THE COURT:

Miss Clark, let's not waste any more time.

# 23 MR. COCHRAN:

That was funny.

# 24 THE COURT:

Did he discuss with the Defense investigator the hiring of attorneys in this case? Yes, he did. That is already in the record.

# 25 MS. CLARK:

That it is.

# 26 THE COURT:

All right. Then let's move on.

Temperature

procedural

Key Quotes (4)

Marcia Clark

it is just to show bias.

Clark's stated purpose for the line of questioning — establishing that the witness's attorney choices were influenced by the Defense, compromising his independence.

Johnnie Cochran

Bob Shapiro and I, as far as we know we have never talked to this guy about any lawyers. We didn't refer these two guys. That is a very unfair impression.

Cochran pushes back personally, distancing himself and Shapiro from any suggestion they orchestrated the witness's legal representation.

Marcia Clark

I'm not saying Mr. Cochran or Mr. Shapiro recommended these guys. In fact, I think I can in good faith say they would not; they would have hired Mr. Hack.

Clark clarifies her position while landing a light jab — implying the Defense would have chosen better lawyers.

Johnnie Cochran

That was funny.

Cochran acknowledges Clark's joke, one of the rare light moments in the trial.

Notable Exchanges (2)

Marcia Clark•Johnnie Cochran•Robert Shapiro

Clark argues a witness was steered to certain attorneys by someone connected to the Defense; Cochran and Shapiro both deny any involvement in directing the witness to those lawyers.

defensive/clarifying

Lance A. Ito•Marcia Clark

Ito cuts off further argument by noting the key fact — that the witness discussed attorney hiring with a Defense investigator — is already in the record, making further examination unnecessary.

efficient/directive

Light Moments (1)

Marcia Clark

Clark quips that Cochran and Shapiro would not have recommended the witness's attorneys — they would have hired 'Mr. Hack' (presumably a better-known lawyer). Cochran responds: 'That was funny.'

Credibility Attacks (1)

⚔ unnamed witness

bias

Clark sought to establish that the witness was steered toward attorneys connected to the Defense — specifically that he consulted a Defense investigator about whom to hire for his wrongful termination case — suggesting the witness was not independent of the Defense.

Objections

None recorded

Proceeding 6928 • 26 utterances

Criminal Trial

Department 103