📄 Out-of-jury discussion and recess — Friday, June 23, 1995
📅 Jun 23 — Day 102
⚖️ Lance A. Ito
chain_of_custodyjury
Address:
C:\DEPT103\CRIMINAL\1995\JUN\23\OUT-OF-JURY-DISCUSSION-AND-REC.DOC
TRIAL
▲ Day 102 of 167

Out-of-jury discussion and recess

Date: Friday, June 23, 1995 • Utterances: 9
Outside the jury's presence, Johnnie Cochran addressed the court to correct a claim made by Christopher Darden at sidebar that OJ Simpson had not been taking his medication. Cochran stated that jail medical records and Simpson's doctor both confirm Simpson has consistently taken his rheumatoid arthritis medication. The judge then outlined the afternoon agenda before breaking for the noon recess.
1 (The following proceedings were held in open court, out of the presence of the jury:)
2 THE COURT:

All right. Let the record reflect the jurors have withdrawn from the courtroom. Mr. Cochran.

3 MR. COCHRAN:

Yes, your Honor. Thank you very kindly.

4 THE COURT:

You said you needed to talk to the Court about something.

5 MR. COCHRAN:

Yes. Yes, I do, your Honor. Your Honor, yesterday and I guess a couple days ago, there was a statement made by Mr. Darden at sidebar regarding Mr. Simpson not taking some medication. That statement was false. Since that time, we have had occasion to have Shawn Chapman of my office contact Dr. Johnson at the L.A. County jail. And Mr. Simpson has on every occasion taken his medication, and the medical records at the jail verify that fact. And I want to--there was a story written about this that's totally nonsensical, medically contra-indicated, and I thought compelled as an Officer of the Court to indicate what the records indicate, what my client has also indicated; that he takes his medicine every day and that he has never at any time not taken his medicine for his rheumatoid arthritis, sulfathiazole I think it's called, and that the records at the jail so indicate that. And I think that the record should be made clear in that regard. And we took the further statement, as I said, to talk to Dr. Johnson this morning who verifies that fact also. So I felt compelled to indicate that to the Court.

6 THE COURT:

All right. Counsel, our agenda for this afternoon is the People's motion regarding discovery of Defense expert statements, we have a People's motion to quash a subpoena upon various District Attorney personnel and we also have a motion regarding transcripts. Is that our complete agenda for this afternoon? All right. See you all at 1:30.

7 (At 12:15 P.M., the noon recess was taken until 1:30 p.m. of the same day.)
8 (Janet M. Moxham, CSR #4855, official reporter.)
9 (Christine M. Olson, CSR #2378, official reporter.)

Temperature

procedural

Key Quotes (2)

Johnnie Cochran
That statement was false. Since that time, we have had occasion to have Shawn Chapman of my office contact Dr. Johnson at the L.A. County jail. And Mr. Simpson has on every occasion taken his medication, and the medical records at the jail verify that fact.
Cochran directly contradicts Darden on the record, framing the medication claim as a false statement and invoking medical records and a physician to rebut it.
Johnnie Cochran
I felt compelled as an Officer of the Court to indicate what the records indicate, what my client has also indicated; that he takes his medicine every day and that he has never at any time not taken his medicine for his rheumatoid arthritis.
Cochran invokes his duty as an officer of the court to lend weight to the correction, emphasizing the rheumatoid arthritis context to make the medication issue medically concrete.

Evidence (1)

Informal
L.A. County jail medical records showing Simpson's medication intake history
referenced verbally by Cochran to rebut Darden's sidebar claim

Notable Exchanges (1)

Johnnie CochranLance A. Ito
Cochran used the out-of-jury moment to formally correct the record on Simpson's medication compliance, then Ito pivoted immediately to the afternoon agenda without engaging the substance of the dispute.
strategic

Credibility Attacks (1)

⚔ Christopher Darden
factual rebuttal via medical records
Cochran characterized Darden's sidebar statement about Simpson skipping medication as 'false' and 'totally nonsensical, medically contra-indicated,' backing it up with jail records and a physician's statement.

Objections

None recorded
Proceeding 6538 • 9 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JUN 23, 1995 📄 Out-of-jury discussion and rec
JUN 23, 1995 KRT DvH TD