Recess

📄 Recess — Friday, July 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\7\RECESS.DOC

TRIAL

▲ Day 110 of 167

Date: Friday, July 7, 1995 • Utterances: 21

Final housekeeping before a weekend recess in the OJ Simpson civil trial. Defense counsel shared contact information for two witnesses with the prosecution, Cochran raised concern that media had staked out the wrong juror's home following the judge's remarks about a jury misconduct matter, and Clark requested permission to retake a clearer photograph of the blood vial exhibit already in evidence.

# 1 MR. COCHRAN:

Your Honor, there's one last thing, and let me--may I say one word to Miss Clark? Thank you.

# 2 (Discussion held off the record between the Deputy District Attorney and Defense counsel.)

# 3 MR. COCHRAN:

May we approach first without the reporter at first?

# 4 (A conference was held at the bench, not reported.)

# 5 (The following proceedings were held in open court:)

# 6 THE COURT:

Mr. Douglas, you have--

# 7 MR. DOUGLAS:

Your Honor, I was able to obtain Miss Connor and Miss Collins' home numbers. I hope that the Prosecution calls them with discretion.

# 8 THE COURT:

All right.

# 9 MR. DARDEN:

We don't act like them.

KEY QUOTE

# 10 MR. COCHRAN:

We ask them not harass these witnesses also, your Honor.

# 11 THE COURT:

All right. Mr. Cochran, anything before we conclude this morning?

# 12 MR. COCHRAN:

Yes, your Honor. Yesterday, in your Honor's statement regarding a pending jury matter, your Honor indicated the interviews that you conducted--and it seems to me that last night and perhaps this morning, in seeing and watching the news, the press has now targeted the wrong juror, and it seems to me unfair to former juror no. 2 that people have been camped out there at her home because--I think the record should be clear that she is not the target of any misconduct or anything with regard to this latest thing. And I wanted to just make that clear. I thought it was unfair to her and somebody should speak up regarding that, and I spoke to Miss Clark about it.

# 13 MS. CLARK:

Correct.

# 14 MR. COCHRAN:

They have the wrong juror.

# 15 THE COURT:

I had not seen any of the coverage, Miss Clark.

# 16 MS. CLARK:

No. I had not seen the coverage either, but I totally agree with Mr. Cochran, that that was unfair.

# 17 THE COURT:

All right.

# 18 MS. CLARK:

May we make one request of the Court? That we be allowed to photograph again Defense exhibit no. 233--I mean the Defense exhibit concerning the blood vial. And the photograph is now in evidence as People's 233. We would like to take another photograph that would be a little clearer. Apparently that one is kind of fuzzy. If that would be acceptable, then we would substitute that for the 233 that's in.

# 19 THE COURT:

All right. You can do that this afternoon.

# 20 MS. CLARK:

Thank you, your Honor.

# 21 THE COURT:

All right. Anything else? All right. We'll stand in recess, 9:00 o'clock Monday. All right. Let me see Miss Clark and Mr. Cochran.

Temperature

routine

Key Quotes (3)

Johnnie Cochran

The press has now targeted the wrong juror, and it seems to me unfair to former juror no. 2 that people have been camped out there at her home.

Rare moment of both sides agreeing — Cochran publicly defending a juror from media harassment and Clark immediately concurring.

Christopher Darden

We don't act like them.

A pointed dig at the defense after Douglas asked the prosecution to contact the witnesses 'with discretion' — implying the defense would not have shown the same restraint.

Marcia Clark

We would like to take another photograph that would be a little clearer. Apparently that one is kind of fuzzy.

Prosecution seeking to substitute a clearer image of the blood vial exhibit, a key piece of evidence, before the case concluded.

Evidence (1)

People's 233

Photograph of the blood vial (originally Defense exhibit)

Clark requests permission to retake and substitute a clearer version

Notable Exchanges (2)

Johnnie Cochran•Marcia Clark

Both sides aligned in concern that media had targeted the wrong juror based on the judge's public remarks about a jury misconduct matter.

collegial

Carl Douglas•Christopher Darden

Douglas asks prosecution to use witness phone numbers 'with discretion'; Darden responds 'We don't act like them.'

pointed

Light Moments (1)

Christopher Darden

Darden's 'We don't act like them' — a casual but sharp swipe at defense tactics in response to Douglas's request for discretion.

Objections

None recorded

Proceeding 6668 • 21 utterances

Criminal Trial

Department 103