Sidebar (1)

📄 Sidebar (1) — Tuesday, March 14, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\14\SIDEBAR-1-.DOC

TRIAL

▲ Day 37 of 167

◀ Cross-examination of Mark Fuhrman (morning, part 2) Jury admonition ▶

Date: Tuesday, March 14, 1995 • Utterances: 16

A brief sidebar in the civil trial where F. Lee Bailey informs Judge Ito that he has a tape from the preliminary hearing related to being 'in the Bronco' and asks whether the prosecution should be given a chance to review and object before it is shown. The judge agrees as a matter of courtesy, calls a recess, and the remainder of the sidebar covers scheduling logistics for the afternoon session.

# 1 MR. BAILEY:

OKAY. MAY WE APPROACH, YOUR HONOR?

# 2 THE COURT:

SURE.

# 3 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 4 THE COURT:

ALL RIGHT. WE ARE OVER AT THE SIDE BAR. MR. BAILEY.

# 5 MR. BAILEY:

YOUR HONOR, I HAVE THE TAPE FROM THE PRELIMINARY HEARING RELATIVE TO "IN" THE BRONCO AND I HAVE MADE A COPY FOR THE PROSECUTION. DO YOU REQUIRE THAT WE EXHIBIT IT TO THEM AND GIVE THEM A CHANCE TO OBJECT BEFORE IT IS SHOWN?

KEY QUOTE

# 6 THE COURT:

I BELIEVE SO, JUST AS A MATTER OF COURTESY.

KEY QUOTE

# 7 MR. BAILEY:

I AM HAPPY TO DO THAT.

# 8 THE COURT:

WE WILL TAKE A BREAK RIGHT NOW. I'M GOING TO ASK COUNSEL TO REMAIN AND WE WILL TAKE A LOOK AT IT AND MAKE SURE EVERYTHING IS THERE AND WE WILL START UP AT 1:30.

# 9 MR. COCHRAN:

ARE WE GOING TO DO ANYTHING ELSE WITH THE JURORS THIS AFTERNOON?

# 10 THE COURT:

WITH THE JURORS?

# 11 MR. COCHRAN:

ANY JURY STUFF THIS AFTERNOON? GIVE US THE TIME FOR THE NEXT APPOINTMENT.

# 12 THE COURT:

TOMORROW MORNING. I JUST FIGURE WE WILL TAKE A COUPLE --

# 13 MR. BAILEY:

SO WE ARE LOOKING AT AN HOUR AND HALF OF TRIAL TIME THIS AFTERNOON?

# 14 THE COURT:

BOY, I HOPE SO.

# 15 MR. BAILEY:

HUM?

# 16 THE COURT:

I HOPE SO. WE WILL TAKE OUR RECESS THEN AT THIS POINT, BUT DON'T LEAVE.

Temperature

procedural

Key Quotes (3)

F. Lee Bailey

I HAVE THE TAPE FROM THE PRELIMINARY HEARING RELATIVE TO 'IN' THE BRONCO AND I HAVE MADE A COPY FOR THE PROSECUTION. DO YOU REQUIRE THAT WE EXHIBIT IT TO THEM AND GIVE THEM A CHANCE TO OBJECT BEFORE IT IS SHOWN?

Bailey is flagging a potentially significant piece of evidence — a preliminary hearing tape about the Bronco — and proactively offering to let the prosecution preview it, suggesting he wants it admitted without dispute.

Lance A. Ito

I BELIEVE SO, JUST AS A MATTER OF COURTESY.

Ito's framing of pre-showing evidence to opposing counsel as 'courtesy' rather than strict procedure reflects the informal, collegial tone of the sidebar.

Lance A. Ito

BOY, I HOPE SO.

A candid, informal expression of Ito's optimism — or weariness — about the afternoon's trial time, showing the human side of proceedings management.

Evidence (1)

Informal

Tape from the preliminary hearing related to being 'in the Bronco'

Defense counsel announces possession and offers prosecution preview before showing

Notable Exchanges (2)

F. Lee Bailey•Lance A. Ito

Bailey asks whether he must show the Bronco tape to the prosecution before playing it; Ito says yes, as a matter of courtesy, and calls an immediate recess to review it.

collegial, procedural

Johnnie Cochran•Lance A. Ito

Cochran asks about jury-related matters for the afternoon; Ito indicates jury business is deferred to the next morning.

routine

Light Moments (1)

Lance A. Ito

When Bailey asks about available trial time, Ito responds 'BOY, I HOPE SO' — a candid and slightly exasperated expression from the bench.

Objections

None recorded

Proceeding 5277 • 16 utterances

Criminal Trial

Department 103