📄 Sidebar: knife display — Tuesday, June 6, 1995
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C:\DEPT103\CRIMINAL\1995\JUN\6\SIDEBAR-KNIFE-DISPLAY.DOC
TRIAL
▲ Day 89 of 167

Sidebar: knife display

Date: Tuesday, June 6, 1995 • Utterances: 14
Defense attorney Robert Shapiro objected to the prosecution displaying knives during a demonstration, arguing the sight of shiny blades was prejudicial and unnecessary since knife types are common knowledge. Judge Ito overruled the objection, and Johnnie Cochran followed up by requesting a cautionary instruction to the jury that the knives were for demonstrative purposes only — which Ito confirmed he had already ordered the prosecution to provide.
1 (The following proceedings were held at the bench:)
2 THE COURT:

Okay. We are over at the side bar. Mr. Shapiro.

3 MR. SHAPIRO:

Yes. We are going to object to the display of any knives that are not directly related to any injuries or to any evidence in this case merely to describe classification of knives as being something that is within everybody's understanding without need of demonstration. And, too, that the prejudicial effect of showing brand new razor sharp knives to the jury outweighs any probative value, and clearly the Court--and clearly the Court can take judicial notice and even would stipulate to the Court that to--to the jury that there are single-edged knives, double-edged knives, serrated knives, bowie knives, hunting knives and any other type of knife you wish to enumerate. But just to simply point out shiny steel blades to me is prejudicial and we strenuously object.

4 MR. KELBERG:

Your Honor, Mr. Shapiro strenuously objected several days ago and the Court overruled the objection and allowed us to use these knives to demonstrate the class characteristics in the knives and has indicated nothing new which in my judgment causes the Court to change its mind and that is all we are attempting to do. Not indicating whether they are dull or sharp isn't the issue because no one is suggesting that any of these were attributable to Mr. Simpson or anyone of these is the murder weapon. I also have to say for the record, your Honor, I don't like to object, although when counsel makes speaking objections, my understanding is the Court has made it quite clear that there are not to be speaking objections and Mr. Shapiro has made a series of speaking objections. His Clark passed me a note that she finds it difficult to have that allowed. Again, I'm more forgiving, and maybe that is because I'm not going to be down here arguing the case to the jury, but for the record, I think it is inappropriate for the manner in which Mr. Shapiro has made a number of these speaking objections and I do press that objection.

5 THE COURT:

All right. So far I haven't found any of the speaking objections to be out of line, since they save us a trip here to the side bar oftentimes. But the objection made is overruled because I think that the demonstrative value is--does outweigh.

6 MR. COCHRAN:

May I say something? Would the Court consider some kind of a cautionary thing of they are not going into the jury room, obviously, so shouldn't the Court--or shouldn't there be some questions, in fairness, bringing out early on these are not any weapons--

7 THE COURT:

Just for demonstrative purposes.

8 MR. COCHRAN:

These are just for whatever purpose they are being used that you are allowing it.

9 THE COURT:

Yes. Mr. Cochran, if you recollect, I instructed the Prosecution that they had to make clear in their questioning that this was demonstrative purposes only, that there is no connection between this knife, these knives and--

10 MR. KELBERG:

Your Honor, when are you taking a break? I'm just trying to--

11 THE COURT:

Quarter `til. Do you want a break now? I was planning--I thought I told you 2:45.

12 MR. KELBERG:

Okay. I will try.

13 THE COURT:

Unless the court reporter is about to die.

KEY QUOTE
14 REPORTER OLSON:

No, sir, I'm fine.

Temperature

procedural

Key Quotes (4)

Robert Shapiro
just to simply point out shiny steel blades to me is prejudicial and we strenuously object.
Core of the defense argument — the visual impact of knives outweighs any educational value for the jury.
Brian Kelberg
Not indicating whether they are dull or sharp isn't the issue because no one is suggesting that any of these were attributable to Mr. Simpson or anyone of these is the murder weapon.
Prosecution frames the demonstration as purely classificatory, distancing the exhibit knives from the actual murder weapon.
Lance A. Ito
the objection made is overruled because I think that the demonstrative value is--does outweigh.
Ruling against defense on the prejudice vs. probative value balancing test.
Lance A. Ito
Unless the court reporter is about to die.
Rare moment of levity from the bench during a tense sidebar.

Evidence (1)

Informal
Collection of demonstration knives (single-edged, double-edged, serrated, bowie, hunting) used to show class characteristics of knife wounds
discussed, objection to display overruled

Notable Exchanges (2)

Brian KelbergRobert Shapiro
Kelberg used the sidebar to formally object to Shapiro's pattern of speaking objections in front of the jury, citing a note from Marcia Clark, while framing himself as 'more forgiving.'
strategic
Johnnie CochranLance A. Ito
Cochran requested a cautionary instruction that the demonstration knives would not go to the jury room and had no connection to Simpson; Ito confirmed he had already ordered this.
procedural

Light Moments (1)

Lance A. Ito
After Kelberg asked when the next break was, Ito said 'Unless the court reporter is about to die,' to which court reporter Janet Olson replied 'No, sir, I'm fine.'

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 6295 • 14 utterances
Criminal Trial
Department 103
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📂 JUN 6, 1995 📄 Sidebar: knife display
JUN 6, 1995 KRT DvH TD