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

Sidebar

Date: Thursday, July 20, 1995 • Utterances: 19
A sidebar in the OJ Simpson civil trial where Cochran sought permission to elicit two areas of testimony from a witness (likely Gigi, Simpson's housekeeper): a phone call from Knotts Berry Farm showing Simpson's relaxed state of mind on June 12th, and a June 28th police search where officers allegedly made her play a 'frogman video' because they didn't know how to operate the TV. Ito allowed a narrow version of the Knotts Berry Farm question but excluded the June 28th search evidence as collateral impeachment under Rule 352.
1 (The following proceedings were held at the bench:)
2 THE COURT:

We are over at sidebar.

3 MR. COCHRAN:

Judge, I just want to ask--I promised to approach the bench. I want to ask her--as an offer of proof, she will indicate she was at Knotts Berry Farm with her family having a good time. She called Mr. Simpson and asked could she continue to stay out. There was a show she wanted to see. She knew he was going to leave town before she would come home. Mr. Simpson told her, "No, it's not necessary. You can enjoy the show, enjoy your family." That's it. State of mind exception. I want to elicit that, but wanted to ask her--

4 THE COURT:

No. What you can ask is: "What was your purpose in calling?" "To get permission to stay later at Knotts Berry Farm. "Thank you. "Was that your purpose? "Yes. "And did you stay later? "Yes, I did."

5 MR. DARDEN:

Of course, it's not going to come out that way. It's not a very artfully phrased question, Judge. That question like--that leaves the door open for all kinds of stuff.

6 THE COURT:

I don't know why we asked all these questions about how neat he is because you're just going to argue, well, this was an unusual day. So you're right.

7 MR. COCHRAN:

They can argue any way they want to.

8 THE COURT:

It cuts both ways.

9 MR. COCHRAN:

So it does.

10 THE COURT:

But we all know that Gigi wasn't there that night. Okay. So this is--if she's at Knotts Berry Farm having a good time, well, good for her.

11 MR. DARDEN:

I just don't want to hear Mr. Simpson's comments. That's my only concern.

KEY QUOTE
12 MR. COCHRAN:

While we are here, may I ask about another area? I found out--by the way, another subject. Barry Scheck is going to call Mulldorfer next. I understand we are also going to have Luper. There will be like one question. But we can't get Haro. We can't get Haro. We told you that before. Here's my offer of proof. After June 12th, that on June 28th--here's what I would seek to elicit. She was home on June 28th. She was working at the house. The police came to the gate, wanted to come in. Of course, she knew they had a search warrant. They do not frequently get a search warrant at all. Further, they asked her to leave the house. Then they told her, okay--she said, "I can't leave." Then they allowed her to remain in the kitchen area and then they asked her to play this video, frogman video for them. 10, 12 officers and detectives were sitting around in the family room, bar area watching the TV screen. The reason she had to do this was because they didn't know how to turn it on. And the Court will recall she's testified about that before. She had seen a preview of this video before. She went to the kitchen where she was instructed to go. I just want to bring that out. I think it's important again to show the action of these officers. I think it's probative on a number of levels and I think also, the officers will deny some of those--they will deny doing this. So I'm asking leave of the Court to elicit just those questions. That's the area I am going to go into.

13 MR. DARDEN:

Well, you know, I strenuously object to that. You know, one of the things we've tried to do in this case, we've cut our case back. We're trying to end it.

14 THE COURT:

Well, Mr. Darden, what is your specific objection?

15 MR. DARDEN:

It's irrelevant.

16 MR. COCHRAN:

I think it's very relevant. I think these officers indicated--it goes to the state of mind of these officers like Haro. It goes to show exactly what happened here, your Honor. They indicated that they didn't do this. We think the evidence shows they did. We have a legitimate issue here. This will take me three or four questions, artfully phrased questions. I think it's probative. They talk about cutting their case back. Your Honor, we've been up only a week and a half. They were six months. And I expect--I'm telling you, I'm going to finish in another week and a half.

17 THE COURT:

All right.

18 MR. DARDEN:

Can I just add one last thing? This is collateral impeachment. That's all it is. And it's June 28th, and they collected, you know, biological evidence and everything two weeks before, Judge. But we've got to--

19 THE COURT:

All right. I think that it's a very tangential issue. I think that it's really not relevant to the direct issues here. I agree it is collateral impeachment. Under 352, I'll sustain the objection to that area of inquiry on June 28th. All right. Let's go.

KEY QUOTE

Temperature

procedural

Key Quotes (4)

Lance A. Ito
No. What you can ask is: 'What was your purpose in calling?' 'To get permission to stay later at Knotts Berry Farm.' 'Thank you.' 'Was that your purpose?' 'Yes.' 'And did you stay later?' 'Yes, I did.'
Ito scripts the exact permitted question, tightly limiting Cochran's ability to introduce Simpson's reassuring words as a state-of-mind exception.
Johnnie Cochran
10, 12 officers and detectives were sitting around in the family room, bar area watching the TV screen. The reason she had to do this was because they didn't know how to turn it on.
Cochran's offer of proof painting LAPD officers as bumbling and overreaching during the June 28th search — meant to undermine police credibility.
Christopher Darden
I just don't want to hear Mr. Simpson's comments. That's my only concern.
Darden's core worry about the Knotts Berry Farm testimony — that Cochran will smuggle in Simpson's own out-of-court statements to show his calm demeanor.
Lance A. Ito
I think that it's a very tangential issue. I think that it's really not relevant to the direct issues here. I agree it is collateral impeachment. Under 352, I'll sustain the objection to that area of inquiry on June 28th.
Final ruling excluding the June 28th search testimony, agreeing with Darden that it is collateral impeachment with marginal probative value.

Evidence (1)

Informal
Frogman video found at the Simpson estate, played by housekeeper for LAPD officers during June 28th search
discussed as basis for excluded testimony

Notable Exchanges (2)

Johnnie CochranLance A. Ito
Cochran pitches state-of-mind exception for Knotts Berry Farm phone call; Ito rewrites the question on the spot to strip out Simpson's actual words.
strategic
Johnnie CochranChristopher DardenLance A. Ito
Cochran seeks to elicit June 28th search misconduct through housekeeper testimony; Darden objects as irrelevant collateral impeachment; Ito sustains under Rule 352.
procedural

Light Moments (1)

Lance A. Ito
Ito notes the incongruity of extensive testimony about Simpson's neatness when the defense will simply argue 'this was an unusual day' — implicitly calling out the strategic futility.

Credibility Attacks (1)

⚔ LAPD officers (Haro and others)
extrinsic evidence of conduct
Cochran sought to show officers sat around watching a video during the June 28th search and denied doing so — painting them as unprofessional and dishonest. Excluded by Ito as collateral impeachment.

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 6991 • 19 utterances
Criminal Trial
Department 103
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