Sidebar: defense testing (2)

📄 Sidebar: defense testing (2) — Tuesday, June 27, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\27\SIDEBAR-DEFENSE-TESTING-2-.DOC

TRIAL

▲ Day 104 of 167

◀ Direct examination of Susan Brockbank (afternoon, part 2) Jury admonition ▶

Date: Tuesday, June 27, 1995 • Utterances: 20

A brief bench conference covering three administrative matters: Cochran paying a fine on behalf of attorney Neufeld, a discussion about whether a John Grisham novel a juror was reading warranted concern, and Judge Ito scolding both sides for letting courtroom doors swing open. No rulings of legal substance were made.

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

# 2 THE COURT:

All right. Three things. Where's Neufeld's money?

# 3 MR. COCHRAN:

He was just telling me he didn't have any checks. I'm going to pay it. May I pay it now?

# 4 THE COURT:

You may.

# 5 MR. COCHRAN:

He doesn't have any checks or money. I'm paying it right now.

# 6 MS. CLARK:

He must think he's Mr. Darden whipping out all that cash.

KEY QUOTE

# 7 THE COURT:

The second thing, I thought about the book, you know, this Grisham book. It's a work of fiction.

# 8 MR. COCHRAN:

Judge, it may be a work of fiction, but would you allow us overnight to look at it, allow us--I have not read it, but I've personally talked to your Honor's assistant. It's a work of fiction, but if you can let him read it, then let me read it tonight.

# 9 THE COURT:

I'll let you read it tonight.

# 10 MR. DARDEN:

Can I add this on the book? You may recall earlier in the trial, when one of the jurors was reading Makes Me Want to Holler, which was a book about young African Americans who had gone to prison or suffered in a manner we wouldn't want to discuss obviously--but it is fiction.

# 11 MR. COCHRAN:

Makes You Want to Holler isn't fiction.

KEY QUOTE

# 12 THE COURT:

I'll give--

# 13 MR. DARDEN:

That book was deemed okay for the jurors.

# 14 THE COURT:

I'll give you an opportunity to take a look at it over the evening hours.

# 15 MR. COCHRAN:

I would like to read it, then talk about it.

# 16 THE COURT:

You guys have guys going in and out of the courtroom all the time letting the swinging doors swing. That's not protocol. You know, grab the doors.

KEY QUOTE

# 17 MR. COCHRAN:

You guys.

# 18 MR. DARDEN:

If you let us use the telephone.

# 19 THE COURT:

No. I mean both of you guys.

KEY QUOTE

# 20 (Recess.)

Temperature

light

Key Quotes (4)

Marcia Clark

He must think he's Mr. Darden whipping out all that cash.

A rare moment of levity from Clark, teasing Cochran for paying Neufeld's fine in cash — and needling Darden in the process.

Johnnie Cochran

Makes You Want to Holler isn't fiction.

Cochran corrects Darden's mischaracterization of Nathan McCall's memoir, a book about Black men and the criminal justice system — a pointed distinction given the trial's racial dynamics.

Lance A. Ito

You guys have guys going in and out of the courtroom all the time letting the swinging doors swing. That's not protocol.

Ito's exasperation with both sides on a purely housekeeping matter, a small window into the daily friction of managing this trial.

Johnnie Cochran

You guys.

Cochran's dry, deadpan echo of Ito's reprimand — registering mild objection to being lumped in with the prosecution.

Notable Exchanges (2)

Christopher Darden•Johnnie Cochran

Darden argues a juror's Grisham book is fine because an earlier juror was permitted to read 'Makes Me Wanna Holler'; Cochran immediately corrects him that McCall's book is a memoir, not fiction — a subtle but meaningful distinction about a book dealing with race and incarceration.

strategic

Marcia Clark•Johnnie Cochran

Clark quips that Cochran paying cash makes him look like Darden — a lighthearted jab that lands without acrimony.

light

Light Moments (2)

Marcia Clark

Clark jokes that Cochran pulling out cash to pay Neufeld's fine makes him look like 'Mr. Darden whipping out all that cash.'

Johnnie Cochran

Cochran's deadpan 'You guys.' in response to Ito scolding both sides about the swinging doors.

Objections

None recorded

Proceeding 7929 • 20 utterances

Criminal Trial

Department 103