📄 Sidebar: photograph changes — Thursday, July 20, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUL\20\SIDEBAR-PHOTOGRAPH-CHANGES.DOC
TRIAL
▲ Day 119 of 167

Sidebar: photograph changes

Date: Thursday, July 20, 1995 • Utterances: 22
Darden sought to cross-examine the witness about changes made to photographs in OJ's house — specifically that Nicole Brown Simpson's pictures were replaced with Paula Barbieri's after the murders, and that additional changes were made immediately before the jury view. Cochran objected as beyond scope and irrelevant under Evidence Code 352. Ito sustained the scope objection but acknowledged the issue was 'volatile' and left the door open for the prosecution to revisit it during rebuttal.
1 (The following proceedings were held at the bench:)
2 THE COURT:

We're over at the sidebar. Mr. Darden, what's up? What are you going to do with this?

3 MR. DARDEN:

Nothing, your Honor. What we're going to do with it, it's obvious that in preparation for the jury view, this witness changed the photographs around in the house. In fact, they changed the photographs between the time that Cheri Lewis visited the day before and the actual jury viewing. In addition, so that Mr. Cochran knows where we're going, I want to ask her about the changes that were made to the house days after the murder. I believe some pictures were changed then. It's our understanding that on the night of the murders, Nicole's pictures were on the wall leading up the stairway and other parts of the house, but that after the murders, they changed them, they put Paula Barbieri's in. And if you want a good faith offer of proof, Miss Clark is here. She visited the house on June 13th. And so she can--

4 THE COURT:

Are we going to get to cross-examine Marcia Clark?

KEY QUOTE
5 MR. COCHRAN:

Put her up there. I want to get her up there. This is beyond the scope. It's irrelevant and immaterial to what happened. This is 352, your Honor. Counsel is grabbing at straws, and I think the Court can see that this is appropriately sustained, and they want to bring some offspring or something--how would Miss Clark know what is there before June 12th? So--your Honor, this is preposterous. This is beyond the scope.

6 MR. DARDEN:

I thought even the Court concluded during the jury view that there had been changes.

7 MR. COCHRAN:

No. The Court said--

8 THE COURT:

Wait, wait, wait. Only one of us gets to talk. Wait, wait.

9 MR. DARDEN:

I'm only talking to you.

10 THE COURT:

Wait. When I say wait, everything stops. All right. One person at a time. Mr. Cochran.

11 MR. COCHRAN:

Your Honor, first of all, the Court concluded that furthermore, with regard to the jury view, you recall, you said to the jurors don't look at any of the pictures, they're irrelevant and immaterial. Then some of the jurors looked at the pictures. Anybody who supposedly looked at the pictures is no longer here, as I have in mind Mr. Gene Knox, who they started arguing about that day in the yard. Remember?

12 THE COURT:

Uh-huh.

13 MR. COCHRAN:

Knox or whatever his name was. Michael Knox. This is irrelevant and immaterial, your Honor, absolutely, and I would ask the Court under 352 to move on. We've got a couple other witnesses we would like to resolve.

14 THE COURT:

All right.

15 MR. DARDEN:

It goes to her bias, your Honor.

16 THE COURT:

It does go to her bias, but this way exceeds the scope. If you want to recall her during your rebuttal, you're entitled to do that. But at this point, it's way beyond.

17 MR. COCHRAN:

Thank you, your Honor.

18 THE COURT:

But we may want to talk to her out of the presence because it's--that's a pretty volatile issue, as to changing the location, at whose instruction.

19 MR. COCHRAN:

They have no--

20 THE COURT:

That's pretty volatile.

KEY QUOTE
21 MR. DARDEN:

We'll let Miss Lewis handle that when we take the break.

22 THE COURT:

I'll sustain a scope objection at this point. Let's go.

Temperature

tense

Key Quotes (4)

Christopher Darden
It's our understanding that on the night of the murders, Nicole's pictures were on the wall leading up the stairway and other parts of the house, but that after the murders, they changed them, they put Paula Barbieri's in.
Alleges a deliberate effort to sanitize the house of Nicole's presence — potentially showing consciousness of guilt or tampering with the narrative.
Lance A. Ito
Are we going to get to cross-examine Marcia Clark?
Dry judicial humor in response to Darden invoking Clark as a fact witness — reveals the awkwardness of Clark's potential role.
Lance A. Ito
That's pretty volatile. But we may want to talk to her out of the presence because it's — that's a pretty volatile issue, as to changing the location, at whose instruction.
Judge signals he takes the underlying allegation seriously even while sustaining the scope objection — signals potential future inquiry.
Johnnie Cochran
Counsel is grabbing at straws, and I think the Court can see that this is appropriately sustained, and they want to bring some offspring or something.
Cochran's characteristic rhetorical excess — 'offspring or something' is an unusually garbled dismissal, suggesting even he found the argument hard to rebut on the merits.

Evidence (2)

Informal
Photographs in OJ Simpson's house — Nicole Brown Simpson's pictures allegedly replaced with Paula Barbieri's after the murders
discussed, contested
Informal
Changes to house photographs made between Cheri Lewis's pre-jury-view visit and the actual jury view
discussed

Notable Exchanges (3)

Christopher DardenLance A. Ito
Darden invoked Marcia Clark as a potential fact witness who visited the house on June 13th and could testify to the original photo arrangement; Ito responded with dry humor about cross-examining Clark.
strategic / wry
Johnnie CochranLance A. Ito
Cochran reminded the court that during the jury view, Ito had instructed jurors to ignore the photographs, and that juror Michael Knox — who had paid attention to them — was subsequently removed.
strategic
Christopher DardenLance A. Ito
Darden tried to speak over Cochran; Ito cut him off with 'When I say wait, everything stops.'
tense

Light Moments (1)

Lance A. Ito
Ito deadpanned 'Are we going to get to cross-examine Marcia Clark?' after Darden suggested Clark could serve as a rebuttal witness.

Credibility Attacks (1)

⚔ current witness (unnamed)
bias
Darden argued that the witness's role in changing photographs — both after the murders and before the jury view — demonstrated bias in favor of OJ Simpson and warranted cross-examination.

Objections

2 objections (1 sustained, 0 overruled)
Proceeding 6959 • 22 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JUL 20, 1995 📄 Sidebar: photograph changes
JUL 20, 1995 KRT DvH TD