Sidebar: counsel conduct and lunch break

📄 Sidebar: counsel conduct and lunch break — Monday, June 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\19\SIDEBAR-COUNSEL-CONDUCT-AND-LU.DOC

TRIAL

▲ Day 98 of 167

◀ Direct examination of William Bodziak (morning, part 2) Direct examination of William Bodziak (morning, part 3) ▶

Date: Monday, June 19, 1995 • Utterances: 16

Judge Ito called a sidebar to warn both sides that counsel were talking too loudly near the jury box, where jurors could overhear their conversations. There was also a brief exchange about a break so Cochran could review exhibits with his client, punctuated by a sarcastic quip from Marcia Clark.

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

# 2 THE COURT:

We're at the sidebar. I want to caution counsel on both sides there's too much talking going on by counsel over at the jury box on your end and you guys are over in the corner there talking to each other. I can hear you talking. And if I can hear you talking, the jurors can hear what your conversation is. You guys are too close to the jury box. If you want to talk with each other, consult, do it over at counsel table.

# 3 MS. CLARK:

All right.

# 4 THE COURT:

I don't want any conversations while you're over at the jury box.

# 5 MR. COCHRAN:

Judge, at the lunch break, can we--

# 6 THE COURT:

We're not breaking for lunch today.

# 7 MR. COCHRAN:

Okay.

# 8 MS. CLARK:

We're not?

# 9 MR. COCHRAN:

Whenever you decide to break, I just want to be able to show these various things to the client.

# 10 THE COURT:

Yes.

# 11 MR. COCHRAN:

I looked at them for the first time. Okay.

# 12 THE COURT:

Yes.

# 13 MS. CLARK:

Because he hasn't seen the bottom of his shoes in a while.

KEY QUOTE

# 14 MR. COCHRAN:

I'm not commenting on any personal comments, Judge.

KEY QUOTE

# 15 THE COURT:

Would you advise your co-counsel?

# 16 MR. COCHRAN:

I will.

Temperature

light

Key Quotes (3)

Lance A. Ito

If I can hear you talking, the jurors can hear what your conversation is. You guys are too close to the jury box.

Core reason for the sidebar — risk of jurors overhearing privileged or strategic conversations.

Marcia Clark

Because he hasn't seen the bottom of his shoes in a while.

A cutting joke at Simpson's expense, implying he can't see his own feet — likely a weight jab — which prompted Cochran to decline to engage.

Johnnie Cochran

I'm not commenting on any personal comments, Judge.

Cochran takes the high road and declines to respond to Clark's dig, keeping the focus professional.

Evidence (1)

Informal

Various items Cochran wanted to review with his client, described as 'these various things' including the bottom of Simpson's shoes

discussed — Cochran requested time to show them to Simpson during a break

Notable Exchanges (1)

Marcia Clark•Johnnie Cochran

Clark made a sarcastic remark that Simpson 'hasn't seen the bottom of his shoes in a while'; Cochran refused to engage, saying he wasn't commenting on personal remarks.

barbed/restrained

Light Moments (1)

Marcia Clark

Clark quipped that Simpson 'hasn't seen the bottom of his shoes in a while' — a jab at his weight — when Cochran mentioned wanting to show Simpson the shoes in evidence.

Objections

None recorded

Proceeding 6448 • 16 utterances

Criminal Trial

Department 103