Sidebar (1)

📄 Sidebar (1) — Wednesday, June 28, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\28\SIDEBAR-1-.DOC

TRIAL

▲ Day 105 of 167

◀ Cross-examination of Susan Brockbank (part 1) Cross-examination of Susan Brockbank (part 2) ▶

Date: Wednesday, June 28, 1995 • Utterances: 6

Judge Ito called a sidebar to limit the scope of Blasier's cross-examination of a witness regarding hair comparison techniques. He explained that Clark had opened the door to this line of questioning by asking the witness whether she agreed with Deedrick's comparisons, but ruled that the examination had gone on long enough. Ito also reminded counsel that objections must be made while standing.

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

# 2 THE COURT:

We are over at the side bar. Miss Clark, you made the mistake of asking this witness the question did you look over the shoulder of Mr. Deedrick? Did you see the comparisons he made? Did you agree with those comparisons? That is why I'm giving Mr. Blasier room to cross-examine her about how she does the comparisons because you asked the same question, did you have the same opinion Mr. Deedrick had. But we are getting way overboard in the amount of time that we are spending on this because she didn't actually testify to any comparisons and I think I have given you enough leeway to talk about technique and all of this. And I think we have about hit the end of the line. Also, objections are made while standing; not while seated.

# 3 MR. BLASIER:

And not speaking.

# 4 MS. CLARK:

They haven't been speaking.

# 5 THE COURT:

No. Close. So let's wind up this end and move on.

# 6 MR. BLASIER:

Okay.

Temperature

procedural

Key Quotes (3)

Lance A. Ito

Miss Clark, you made the mistake of asking this witness the question did you look over the shoulder of Mr. Deedrick? Did you see the comparisons he made? Did you agree with those comparisons? That is why I'm giving Mr. Blasier room to cross-examine her.

Ito explains that Clark opened the door to extended cross-examination on comparison technique, placing responsibility for the delay on the prosecution.

Lance A. Ito

Also, objections are made while standing; not while seated.

A procedural correction mid-sidebar, suggesting courtroom decorum has been slipping.

Robert Blasier

And not speaking.

Blasier cheekily adds his own procedural critique of opposing counsel's objection behavior.

Evidence (1)

Informal

Hair comparison analysis performed by FBI examiner Douglas Deedrick, which the witness was asked whether she observed and agreed with

discussed as basis for cross-examination scope ruling

Notable Exchanges (1)

Robert Blasier•Marcia Clark

Blasier added 'and not speaking' to Ito's reminder about standing objections; Clark denied that counsel had been speaking during objections.

light procedural sparring

Light Moments (1)

Robert Blasier

Blasier piled onto Ito's objection etiquette reminder with 'And not speaking,' prompting Clark to defend her team.

Objections

None recorded

Proceeding 6581 • 6 utterances

Criminal Trial

Department 103