Sidebar: case management

📄 Sidebar: case management — Thursday, July 20, 1995

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

TRIAL

▲ Day 119 of 167

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

Judge Ito opens the sidebar by apologizing to Cochran for being short with him during the preceding session, then redirects the group to move the photographer's testimony along. The remainder is a quick scheduling discussion about upcoming witnesses, including Dr. Rieders and Detective Lange, before going off the record.

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

# 2 THE COURT:

We are over at the side bar. Mr. Cochran, I want to apologize to you for appearing a little short with you. I think perhaps my tone was not appropriate in the last session. I am impatient today because this photographer testified to a very limited--we are spending a lot of time talking about this and I'm exasperated. My apologies for taking it out on you.

# 3 MR. COCHRAN:

I accept the Court's apology.

KEY QUOTE

# 4 THE COURT:

Having said that, though, Mr. Darden, let's move this along. I think you've made the point that his instructions were to take it after the room had been cleared. That is the point.

# 5 MR. DARDEN:

I just have to go into some timing issues.

# 6 THE COURT:

I'm trying to get him to wind this up.

# 7 MR. COCHRAN:

I accept your apology.

# 8 MR. DARDEN:

Plus I needed a recess.

# 9 THE COURT:

I did, too. That is the only reason we took it.

# 10 MR. DARDEN:

Okay.

# 11 THE COURT:

But let's--there is not a lot more.

# 12 MR. DARDEN:

I got ten minutes with the guy.

# 13 MR. COCHRAN:

I'm just trying to figure out now--I'm trying not to run out of witnesses. I'm not going to make a decision over the lunch hour on Rieders.

KEY QUOTE

# 14 THE COURT:

Johnnie, the bottom line, they are going to get, you know, time to prepare. That is what is going to happen. My concern is Rieders' schedule.

# 15 MR. COCHRAN:

I'm trying to get some instructions to get some witnesses here.

# 16 MS. CLARK:

We have one requested to bring in Detective Lange, Mulldorfer. You want Haro?

# 17 MS. CLARK:

It is Harper that directed the video.

# 18 THE COURT:

All right. We are going to go off record at this point. You guys argue about scheduling.

KEY QUOTE

# 19 (Discussion held off the record.)

# 20 (Recess.)

Temperature

procedural

Key Quotes (4)

Lance A. Ito

Mr. Cochran, I want to apologize to you for appearing a little short with you. I think perhaps my tone was not appropriate in the last session. I am impatient today because this photographer testified to a very limited--we are spending a lot of time talking about this and I'm exasperated.

Rare moment of a judge openly apologizing to counsel at sidebar; reveals Ito's frustration with the pace of the photographer's examination.

Johnnie Cochran

I accept the Court's apology.

Cochran's formal acceptance, repeated twice in the transcript, underscores the significance of the moment.

Johnnie Cochran

I'm just trying to figure out now--I'm trying not to run out of witnesses. I'm not going to make a decision over the lunch hour on Rieders.

Reveals defense scheduling pressure and flags that a decision on calling Dr. Rieders (likely a forensic expert on blood/EDTA) is imminent but unresolved.

Lance A. Ito

All right. We are going to go off record at this point. You guys argue about scheduling.

Ito's casual sign-off captures the informal, logistical nature of the proceeding.

Notable Exchanges (2)

Lance A. Ito•Johnnie Cochran

Ito opens with an unprompted apology to Cochran for his tone in the prior session; Cochran accepts formally, repeating the acceptance twice.

conciliatory

Marcia Clark•Lance A. Ito

Clark runs through a list of potential upcoming witnesses — Detective Lange, Mulldorfer, and Harper (who directed a video) — as the group sorts out the afternoon schedule.

strategic

Light Moments (1)

Christopher Darden

Darden admits the recess was taken partly because he personally needed a break; Ito dryly agrees he did too.

Objections

None recorded

Proceeding 6982 • 20 utterances

Criminal Trial

Department 103