A brief sidebar erupts over a foundational problem with charts being used in examination. What starts as a legal dispute quickly devolves into visible bickering between Darden and Cochran, prompting Judge Ito to fine both attorneys $250 each for baiting one another and violating a prior court order. The objection is ultimately sustained.
# 1 (The following proceedings were held at the bench:) # 2 THE COURT: We are over at the side bar. We've got a foundational problem with those charts.
# 3 MR. COCHRAN: Brockbank.
# 4 MR. DARDEN: I was objecting to those types of questions relative to those charts when he was asking questions and they were allowed.
# 5 MR. COCHRAN: But that--I did not bring those charts out and the Court had me rephrase it. He knows that. Throw them up on the elmo?
# 6 (Discussion held off the record between the Deputy District Attorneys.) # 7 MR. DARDEN: Okay. I'm sorry, were you moaning again?
KEY QUOTE # 8 THE COURT: You know--wait a minute. I've about had enough of this between the two of you.
# 9 MR. DARDEN: He started it, your Honor.
KEY QUOTE # 10 THE COURT: You are both baiting each other. You both violated the Court's order. 250 bucks both of you today.
KEY QUOTE # 11 MR. DARDEN: I am very short today, your Honor.
KEY QUOTE # 12 THE COURT: All right. I've had enough of this. All right. You've got a foundational problem. I will sustain the objection.
# 13 MR. COCHRAN: Thank you, your Honor.