Sidebar: sweatsuit evidence

📄 Sidebar: sweatsuit evidence — Wednesday, July 5, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\5\SIDEBAR-SWEATSUIT-EVIDENCE.DOC

TRIAL

▲ Day 108 of 167

◀ Direct examination of Douglas Deedrick (part 3) Direct examination of Douglas Deedrick (part 4) ▶

Date: Wednesday, July 5, 1995 • Utterances: 27

Bailey objected to Clark's question which assumed Simpson was wearing 'dark blue clothing' at 9:45pm, arguing Kato Kaelin never specified color or fabric. After a brief scramble to locate the transcript, Cochran found the relevant passage showing Kato said 'black or blue like cotton.' Ito overruled the objection as close enough but directed Clark to rephrase her question to match Kaelin's actual words.

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

# 2 THE COURT:

All right. We are over at the side bar. Mr. Bailey, what is the objection?

# 3 MR. BAILEY:

There is no evidence whatsoever and she has asked him to assume that the Defendant was wearing dark blue clothing at 9:45 that night.

KEY QUOTE

# 4 MS. CLARK:

Well, Kato testified to--

# 5 MR. BAILEY:

He testified that it was dark clothing period. He didn't say cotton, wool or anything.

# 6 MS. CLARK:

Oh, yes, he did.

# 7 MR. BAILEY:

No, he did not.

# 8 MS. CLARK:

He most certainly did.

# 9 MS. CLARK:

Okay. Let me go get it. I have got it.

# 10 THE COURT:

All right.

# 11 (Brief pause.)

# 12 THE COURT:

All right. Back on the record. What do you have?

# 13 MS. CLARK:

I didn't bring mine down with me, Dana went up to get it, but I know what he said and I had it pulled ahead of time.

# 14 MR. COCHRAN:

Blasier found it. Why don't you use his and save some time. He didn't say cotton; he said like cotton.

KEY QUOTE

# 15 MS. CLARK:

Okay. I will correct it. I don't think that is all that he said, though. I think you have only pulled out a part of it.

# 16 MR. BAILEY:

Black or blue like cotton.

# 17 MS. CLARK:

And that is so much different than what I said?

KEY QUOTE

# 18 THE COURT:

I will overrule the objection. That is close enough.

KEY QUOTE

# 19 MR. COCHRAN:

Shouldn't she restate it?

# 20 THE COURT:

Miss Clark.

# 21 MR. COCHRAN:

Restate it, your Honor.

# 22 MS. CLARK:

I'm sorry?

# 23 THE COURT:

Rephrase the question, though, in terms of Kaelin's testimony.

# 24 MS. CLARK:

Yeah. But didn't he say dark blue or black like cotton?

# 25 THE COURT:

Sweat outfit.

# 26 MS. CLARK:

Okay.

# 27 MR. COCHRAN:

That is all we are asking.

Temperature

procedural

Key Quotes (4)

F. Lee Bailey

There is no evidence whatsoever and she has asked him to assume that the Defendant was wearing dark blue clothing at 9:45 that night.

Pins down the precise factual overreach in Clark's question — she characterized Kato's vague description more specifically than the record supported.

Johnnie Cochran

Blasier found it. Why don't you use his and save some time. He didn't say cotton; he said like cotton.

Cochran resolves the dispute by locating the transcript and narrowing the discrepancy to a single word — a small but meaningful precision point.

Marcia Clark

And that is so much different than what I said?

Clark's mild exasperation signals she views the distinction as trivial; Ito's ruling largely agreed but still required a correction.

Lance A. Ito

I will overrule the objection. That is close enough.

Ito validates Clark's general framing while still requiring her to rephrase — a split-the-difference ruling.

Evidence (1)

Informal

Kato Kaelin's prior trial testimony describing the defendant's clothing as 'black or blue like cotton' (sweat outfit)

discussed, transcript located at sidebar to resolve dispute

Notable Exchanges (2)

F. Lee Bailey•Marcia Clark

Sharp back-and-forth over whether Kato specified fabric ('cotton') or color ('dark blue') — both sides certain they were right before the transcript was retrieved.

combative but brief

Johnnie Cochran•Marcia Clark•Lance A. Ito

Cochran offers Blasier's copy of the transcript to resolve the dispute faster; Ito ultimately directs Clark to rephrase using Kaelin's actual language.

strategic, efficient

Light Moments (1)

Johnnie Cochran

Cochran, ever practical, offers Blasier's found transcript to save time — briefly playing peacemaker while still scoring a point against Clark's precision.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 6639 • 27 utterances

Criminal Trial

Department 103