Motion: 1118.1

📄 Motion: 1118.1 — Friday, July 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\7\MOTION-1118-1.DOC

TRIAL

▲ Day 110 of 167

◀ Prosecution exhibits and witness discovery Recess ▶

Date: Friday, July 7, 1995 • Utterances: 9

The defense filed a 1118.1 motion (motion for judgment of acquittal) and submitted it without argument. The prosecution also submitted without argument, with Clark noting wryly that it was 'the shortest motion I've ever seen.' Judge Ito denied the motion, finding the prosecution had met its burden.

# 1 THE COURT:

All right. I'll direct Mr. Douglas to do that after we conclude this morning. All right. I see an 1118.1 motion that I have filed that was filed with the Court yesterday. Mr. Cochran.

# 2 MR. COCHRAN:

This morning. Actually this morning, your Honor. Actually was filed this morning, but that's all right. Who's counting, your Honor? With regard to this motion, your Honor, this motion is submitted. Thank you very kindly.

# 3 THE COURT:

Miss Clark.

# 4 MS. CLARK:

Mr. Cochran is standing on the lengthy and detailed points and authorities he filed. I think it's the shortest motion I've ever seen, and the People will also submit it. Unless the Court needs to hear from the People as to any particular issue, I see no reason to belabor this.

# 5 (Brief pause.)

# 6 MS. CLARK:

Come on, your Honor, please. Motion for discovery from the Court. Do you want to be heard? Do you want us to be heard?

# 7 (Discussion held off the record between the Deputy District Attorneys.)

# 8 MS. CLARK:

I don't think that the Court needs to hear from us though.

# 9 THE COURT:

All right. I believe at this point, the Prosecution has met the burden that's required at this point. So the motion will be denied.

KEY QUOTE

Temperature

procedural

Key Quotes (2)

Marcia Clark

I think it's the shortest motion I've ever seen, and the People will also submit it.

Backhanded dig at Cochran's motion, signaling the prosecution's confidence it would be denied.

Lance A. Ito

I believe at this point, the Prosecution has met the burden that's required at this point. So the motion will be denied.

Ruling denying the 1118.1 motion — the trial continues.

Notable Exchanges (1)

Johnnie Cochran•Marcia Clark

Cochran corrected Ito that the motion was filed 'this morning' not 'yesterday,' then Clark undercut the motion by noting how brief it was before also submitting without argument.

light/strategic

Light Moments (2)

Johnnie Cochran

Cochran corrects Ito on the filing time and adds 'Who's counting, your Honor?' with apparent good humor.

Marcia Clark

Clark takes a gentle shot at the motion's brevity — 'the shortest motion I've ever seen' — before declining to argue against it.

Objections

None recorded

Proceeding 6667 • 9 utterances

Criminal Trial

Department 103