In chambers discussion

📄 In chambers discussion — Thursday, June 29, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\29\IN-CHAMBERS-DISCUSSION.DOC

TRIAL

▲ Day 106 of 167

◀ Direct examination of Douglas Deedrick (part 2) Direct examination of Douglas Deedrick (part 3) ▶

Date: Thursday, June 29, 1995 • Utterances: 25

A brief pre-jury administrative session covering two issues: Cochran placed on the record that the prosecution had indicated Mrs. Brown would be their last witness, and he then objected to the prosecution's choice of booking photograph of O.J. Simpson on a display board, arguing a more neutral photo from the same session should be used instead. Judge Ito visibly rolled his eyes at the photograph argument but agreed to look at both images before proceeding.

# 1 (The following proceedings were held in open Court, out of the presence of the jury:)

# 2 THE COURT:

All right. Back on the record in the Simpson matter. All parties are again present. Anything we need to take up before we invite the jurors to join us?

# 3 MR. COCHRAN:

Two quick things, your Honor.

# 4 THE COURT:

Mr. Cochran.

# 5 MR. COCHRAN:

Your Honor, we were not on the record, but at side bar we had an indication from the People regarding their list of witnesses to the end of their case, and I would like to do that on the record if we could at this point, what Miss Clark told us with regard to not having further witnesses, except for Miss Brown, so we can make it clear so we know where we are going to go.

# 6 THE COURT:

Miss Clark?

# 7 MS. CLARK:

That's correct.

# 8 THE COURT:

Mrs. Brown?

# 9 MR. COCHRAN:

Mrs. Brown.

# 10 THE COURT:

Yes.

# 11 MR. COCHRAN:

Possible last witness and I indicated the possibility that there may be a stipulation if she is interested in that.

# 12 MS. CLARK:

We will discuss that.

# 13 MR. COCHRAN:

The other thing, your Honor, I want to show Miss Clark something and then just address another issue.

# 14 THE COURT:

All right.

# 15 (Discussion held off the record between Deputy District Attorney and Defense counsel.)

# 16 MR. COCHRAN:

Your Honor, what I wanted to point out just a couple things to Miss Clark. I was showing her in some photographs we have from them. You remember the issue we talked about yesterday about the photograph of Mr. Simpson that was on the board, and I'm not usually one to belabor issues, but in their very photographs, your Honor--why are you looking up, your Honor, like that?

# 17 THE COURT:

That was a rolling of the eyes.

KEY QUOTE

# 18 MR. COCHRAN:

A rolling of the eyes. Your Honor, with regard to this, there is a photograph that they wanted to show. There is a photograph right next to it in the book, and I would like for you to see these two photographs, and it seems to me, if they want to be fair, they would show this photograph in my left hand as opposed to this one, and they took the one where he looks the worse and they were taken at the same time but one has a scowl or whatever. And it seems to me that fundamental fairness would require them to choose one at least to be fair and that is the thing we are talking about. Would you mind looking at these two and see if the point is not well taken? I showed them to Miss Clark and she indicated she had not seen them. It is from her book.

# 19 THE COURT:

I will take a look at them.

# 20 MS. CLARK:

The boards are done, your Honor. It has all been completed now. I would point out also that we had a choice of Ronald Goldman serious picture and one of which he was smiling and also selected the more serious picture in his case. But I didn't know there was another booking photograph, but the board is complete and--

# 21 THE COURT:

When do you anticipate getting to that?

# 22 MS. CLARK:

I don't know. It depends on how long--

# 23 THE COURT:

Well, we are going to go straight through to three o'clock. Do you anticipate getting to this before then?

# 24 MS. CLARK:

No.

# 25 THE COURT:

Let's proceed. Let's have the jurors.

Temperature

light

Key Quotes (3)

Lance A. Ito

That was a rolling of the eyes.

Ito openly acknowledged his own exasperated reaction to Cochran's photograph objection — a rare moment of judicial candor about impatience with counsel.

Johnnie Cochran

I'm not usually one to belabor issues, but in their very photographs, your Honor--why are you looking up, your Honor, like that?

Cochran caught the judge mid-eye-roll and called it out, creating one of the lighter moments of the trial's pretrial proceedings.

Marcia Clark

I would point out also that we had a choice of Ronald Goldman serious picture and one of which he was smiling and also selected the more serious picture in his case.

Clark defended the photo selection by noting consistency — they chose the more serious image for Goldman as well, framing it as a deliberate presentation strategy, not bias.

Evidence (2)

Informal

Display board with booking photograph of O.J. Simpson — Cochran objected that prosecution chose an unflattering image when a neutral one from the same session existed

discussed, disputed

Informal

Display board with photograph of Ronald Goldman — prosecution noted they also chose a serious image of Goldman for consistency

discussed

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran caught Ito rolling his eyes mid-argument about the photographs and directly asked 'why are you looking up like that?' — the judge openly confirmed it was an eye-roll.

light

Johnnie Cochran•Marcia Clark

Cochran placed on record that Clark had confirmed off-record that Mrs. Brown would be the prosecution's last witness, with a possible stipulation discussed.

procedural

Light Moments (1)

Lance A. Ito

Judge Ito rolled his eyes at Cochran's photograph argument and, when caught, simply confirmed: 'That was a rolling of the eyes.'

Objections

None recorded

Proceeding 6605 • 25 utterances

Criminal Trial

Department 103