Jury management

📄 Jury management — Thursday, July 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\20\JURY-MANAGEMENT.DOC

TRIAL

▲ Day 119 of 167

◀ Closing remarks Direct examination of Josephine Guarin (part 4) ▶

Date: Thursday, July 20, 1995 • Utterances: 33

A brief administrative session before the jury was brought in, covering two housekeeping matters: Cochran sought to clarify the permissible scope of cross-examination (specifically flagging the 'frogman video' as a potential area of contention), and a duplicate defense photograph (Def. 1256) was withdrawn by stipulation because it was found to be identical to People's 167.

# 1 (The following proceedings were held in open court, out of the presence of the jury:)

# 2 THE COURT:

Back on the record. Deputy Magnera, let's have the jurors, please.

# 3 MR. COCHRAN:

I have a couple questions if I may. I had a question at the conclusion of that.

# 4 THE COURT:

You have a couple questions of Miss Guarin?

# 5 MR. COCHRAN:

Yes.

# 6 THE COURT:

See, when I give recesses, then you guys think of more questions.

KEY QUOTE

# 7 MR. COCHRAN:

Just a couple more, your Honor.

# 8 THE COURT:

Okay.

# 9 MR. COCHRAN:

And I also wanted to, at the appropriate time, ask leave of Court to address the issue of the scope of cross, which I think is appropriate before we do things around the jury. So when you feel that's appropriate--two more questions. And you want to do that now?

# 10 MR. DARDEN:

What is the area? I can tell you if I intend to go into it.

# 11 THE COURT:

Well, we've got a pretty--

# 12 MR. DARDEN:

Wide range.

# 13 THE COURT:

You tell me. I mean, where are you going with this?

# 14 MR. COCHRAN:

Where am I going with this? Well, where I'm going is that I would ask that counsel be limited to the scope of the direct examination, and--

# 15 THE COURT:

As to what area?

# 16 MR. COCHRAN:

If he exceeds that--I think as to all areas. I think--for instance, let's take, for instance, the showing of the frogman video. I was precluded from bringing out the fact that these 10 police officers sat there and watched the frogman video on the 28th. If he wants to show that now, I think that I'm able to go into that.

# 17 THE COURT:

He wants to show the frogman video now?

# 18 MR. COCHRAN:

I don't know. I mean, if they decide they want to do that, then I think I have the right to go into that. I think the Court would agree with me on that. So I'll wait and see. I just want to approach the bench--

# 19 THE COURT:

The testimony that Mr. Simpson was in Puerto Rico making the frogman video doesn't bring then in the frogman video.

# 20 MR. COCHRAN:

Oh, I agree with that. But they were back there showing it. So I can only go by what they were doing back here, your Honor. So I'm just noting for the record our agreement is to approach the bench and I'll ask him to abide by that also. I have just a couple more questions.

# 21 THE COURT:

All right. Let's have the jury, please.

# 22 MR. COCHRAN:

Thank you, your Honor. Can she go back up, your Honor?

# 23 THE COURT:

Yes. The record will also reflect that the modem that was going bad is no more singing to you. Also, Mr. Cochran, the photograph that you marked with Miss Guarin is actually an identical photograph to People's 167. So I don't see there's any--

# 24 MR. COCHRAN:

Shall I just--shall I withdraw it, your Honor?

# 25 THE COURT:

Yeah. I don't see any reason--we'll just agree on the record now that it's identical to 167 because I don't want to burden Mrs. Robertson with any more photographs than we have to.

KEY QUOTE

# 26 MR. COCHRAN:

I will agree and I'm willing to stipulate to withdraw it, your Honor.

# 27 THE COURT:

All right. Is that agreeable to the People?

# 28 MS. CLARK:

I'm sorry, your Honor.

# 29 THE COURT:

That the Defense withdraw the photograph that they marked since it's identical to 167.

# 30 MS. CLARK:

Sure.

# 31 THE COURT:

Okay.

# 32 (Deft's 1256 for id = withdrawn)

# 33 THE COURT:

All right. Miss Guarin, why don't you go ahead and take a seat.

Temperature

procedural

Key Quotes (3)

Lance A. Ito

See, when I give recesses, then you guys think of more questions.

Ito-style dry humor at counsel's expense; sets the tone of the exchange.

Johnnie Cochran

I was precluded from bringing out the fact that these 10 police officers sat there and watched the frogman video on the 28th. If he wants to show that now, I think that I'm able to go into that.

Cochran signals a strategic trap: if the prosecution opens the door to the frogman video on redirect, he intends to exploit prior restrictions being lifted.

Lance A. Ito

I don't see any reason--we'll just agree on the record now that it's identical to 167 because I don't want to burden Mrs. Robertson with any more photographs than we have to.

Efficient judicial housekeeping; reveals the court's awareness of exhibit-management burden.

Evidence (3)

People's 167

A photograph (nature unspecified in transcript) that Defense 1256 was found to duplicate.

Referenced as the controlling exhibit; Defense 1256 withdrawn in its favor.

Defense 1256

A photograph marked by Cochran with witness Guarin; determined to be identical to People's 167.

Withdrawn by stipulation.

Informal

The 'frogman video' — footage of OJ Simpson in Puerto Rico, apparently shown to police officers on the 28th; Cochran was previously precluded from raising it.

Discussed as potential subject of cross-examination; not introduced.

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito•Christopher Darden

Cochran pre-emptively argues for strict scope-of-direct limits on cross, with the frogman video as his concrete example. Darden offers to disclose his intended areas. Ito probes but does not rule, deferring to see what Darden actually does.

strategic

Lance A. Ito•Johnnie Cochran•Marcia Clark

Judge identifies that Defense 1256 duplicates People's 167 and proposes withdrawal; Cochran agrees to stipulate; Clark consents with minimal engagement.

routine

Light Moments (2)

Lance A. Ito

Judge notes the courtroom modem that had been making noise is 'no more singing to you,' with mild self-satisfaction.

Lance A. Ito

Ito jokes that recesses cause counsel to think of more questions.

Objections

None recorded

Proceeding 6956 • 33 utterances

Criminal Trial

Department 103