Sidebar: witness scheduling

📄 Sidebar: witness scheduling — Tuesday, March 14, 1995

Address:

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

TRIAL

▲ Day 37 of 167

◀ Off-record discussion Afternoon recess ▶

Date: Tuesday, March 14, 1995 • Utterances: 42

A brief end-of-day sidebar focused on scheduling and witness order logistics. Bailey requested an adjournment so the prosecution could contact witnesses Max Cordoba and Alwyn Martin before cross-examination continued with Fuhrman. The attorneys also mapped out the upcoming witness sequence through the following week.

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

# 2 THE COURT:

WE'RE OVER AT THE SIDEBAR. MR. BAILEY.

# 3 MR. BAILEY:

MY UNDERSTANDING OF YOUR RULING EARLIER TODAY, YOUR HONOR, BEFORE I CAN GO INTO QUESTIONS ABOUT MAX CORDOBA, THE PROSECUTION IS ENTITLED TO GET IN TOUCH WITH HIM, ALL RIGHT, AND THE SAME AS TO ALWYN MARTIN. I WOULD ASK, BECAUSE I DON'T WANT TO BIFURCATE THIS EXAMINATION, THAT WE ADJOURN FOR THE DAY AND SEE IF THEY CAN ACCOMPLISH THAT BY MORNING SO THAT WE CAN CONCLUDE WITH DETECTIVE FUHRMAN. IF THEY CAN'T, I GUESS WE HAVE NO CHOICE.

# 4 THE COURT:

IT'S FIVE MINUTES TO. WE'LL BREAK AT THIS POINT. IF YOU CAN ACCOMPLISH IT, FINE. IF NOT, WE'LL SEE WHERE WE ARE. WE MIGHT HAVE TO BIFURCATE THIS.

# 5 MR. BAILEY:

I PREFER NOT TO.

# 6 THE COURT:

I PREFER NOT TO AS WELL, BUT THEY ARE ENTITLED TO, AS I INDICATED, LOOK INTO THIS. ANY OTHER COMMENT?

# 7 MS. CLARK:

NO.

# 8 MR. DARDEN:

HOW LATE AND HOW LONG AM I SUPPOSED TO WORK ON THIS? ALL NIGHT OR --

# 9 MR. BAILEY:

BE LIKE THE DEFENSE, GO TO MIDNIGHT.

KEY QUOTE

# 10 MS. CLARK:

SURE YOU DO.

# 11 THE COURT:

ALL RIGHT. WHAT ELSE DO WE HAVE -- EXCUSE ME, MR. COCHRAN, MISS CLARK. WHAT ELSE DO WE HAVE THIS AFTERNOON? ARE WE GOING TO HANDLE THAT DISPUTE OVER HANDWRITING AND RECORDS AND BLAH, BLAH, BLAH?

# 12 MR. COCHRAN:

WHAT DISPUTE?

# 13 THE COURT:

ANY TIME I SEE SCHECK AND NEUFELD, I GET NERVOUS.

KEY QUOTE

# 14 MR. COCHRAN:

I DON'T KNOW ABOUT THAT. CAN WE FIND OUT WHILE WE ARE HERE WHAT'S THE ORDER OF WITNESSES AFTER WE FINISH FUHRMAN, FINALLY FINISH FUHRMAN?

# 15 MS. CLARK:

WE WILL BE CALLING LIEUTENANT SPANGLER AND THEN WE WILL BE CALLING --

# 16 MR. DARDEN:

WHILE YOU ARE DOING THAT, CAN I GET THE MOST RECENT PHONE NUMBERS AND ADDRESSES FOR CARDOBA AND MARTIN BEFORE I LEAVE?

# 17 MR. BAILEY:

TELL PAT TO GIVE THEM TO YOU.

# 18 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.)

# 19 MR. COCHRAN:

SPANGLER?

# 20 MS. CLARK:

CAMERAMAN, SPANGLER TOO, THEN VANNATTER.

# 21 MR. COCHRAN:

WHO ELSE AFTER THAT?

# 22 MS. CLARK:

PROBABLY KATO.

# 23 MR. COCHRAN:

THEN FIFTH ON THE LIST WOULD BE PARK?

# 24 MS. CLARK:

NO. I HAVE TO TALK TO YOU, FIND OUT WHO YOU WANT TO STIPULATE TO IN THE FORM OF PHONE RECORDS, PHONE RECORD PEOPLE. THEN PARK.

# 25 MR. COCHRAN:

PROBABLY NOT UNTIL NEXT WEEK.

# 26 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE ATTORNEY.)

# 27 MR. COCHRAN:

NOT THIS WEEK? MARCIA, NOT THIS WEEK?

# 28 MS. CLARK:

NO. WE WON'T GET THAT FAR.

# 29 MR. COCHRAN:

TALK ABOUT --

# 30 MR. DARDEN:

BEFORE WE CAN --

# 31 MS. CLARK:

WHO'S TAKING VANNATTER?

# 32 THE COURT:

EXCUSE ME, COUNSEL. COUNSEL --

# 33 MR. COCHRAN:

I CAN'T TELL YOU.

# 34 THE COURT:

WHY DON'T YOU GUYS TALK ABOUT THAT PART OF IT LATER. ANYTHING ELSE WE WANT TO PUT ON THE RECORD?

# 35 MR. BAILEY:

I THINK MR. SCHECK AND MR. NEUFELD ARE HERE IN A SEMINAR MODE AND NOT AN ATTACK MODE.

# 36 MR. DARDEN:

BEFORE YOU GO, BEFORE YOU GO, YOU KNOW, VANNATTER IS COMING UP IN THE ROTATION, BUT HE MAY HAVE TO LEAVE DUE TO A FAMILY EMERGENCY AND GO OUT OF STATE. SO IT COULD CAUSE A DELAY IF IT HAPPENS AT THE LAST MINUTE.

# 37 MR. BAILEY:

WE CAN CALL ANOTHER WITNESS. WE DON'T HAVE TO SIT AROUND AND WAIT FOR VANNATTER.

# 38 MR. DARDEN:

DEPENDS. DEPENDS ON WHEN IT IS. IF I GET A CALL THURSDAY NIGHT SAYING HE'S LEAVING NOW, THAT MAY CALL FOR DELAY ON FRIDAY. I JUST WANT TO LET YOU KNOW.

# 39 MR. BAILEY:

BEING FOREWARNED, WE SHOULD HAVE A SURPRISE WITNESS. WHY COOL OUR HEELS?

KEY QUOTE

# 40 MS. CLARK:

OBVIOUSLY, WE'LL DO OUR BEST.

# 41 MR. DARDEN:

IT'S NOT IN THE BOOK, MR. BAILEY.

KEY QUOTE

# 42 THE COURT:

THANK YOU, COUNSEL.

Temperature

procedural

Key Quotes (4)

Lance A. Ito

ANY TIME I SEE SCHECK AND NEUFELD, I GET NERVOUS.

Reveals Ito's candid wariness of the DNA defense team — a rare moment of judicial humor at sidebar.

F. Lee Bailey

BE LIKE THE DEFENSE, GO TO MIDNIGHT.

Bailey's quip in response to Darden complaining about working late — characterizes the defense's work ethic and the grueling pace of the trial.

F. Lee Bailey

BEING FOREWARNED, WE SHOULD HAVE A SURPRISE WITNESS. WHY COOL OUR HEELS?

Bailey pushes back on any Vannatter delay, signaling the defense's readiness and unwillingness to cede scheduling control.

Christopher Darden

IT'S NOT IN THE BOOK, MR. BAILEY.

Dry rejoinder suggesting Bailey's 'surprise witness' idea doesn't comport with discovery or procedure.

Notable Exchanges (3)

F. Lee Bailey•Christopher Darden

Darden asked how late he was expected to work tracking down Cordoba and Martin; Bailey quipped he should work until midnight like the defense does.

light

Johnnie Cochran•Marcia Clark

Cochran pressed Clark on the upcoming witness order — Spangler, cameraman, Vannatter, Kato, phone record witnesses, then Park — with Clark indicating Park would not be called until the following week.

strategic

Christopher Darden•F. Lee Bailey

Darden flagged that Vannatter might have to leave the state for a family emergency, possibly causing a Friday delay. Bailey responded the defense could call another witness rather than wait.

strategic

Light Moments (3)

Lance A. Ito

Ito said 'blah, blah, blah' on the record when referencing a pending dispute over handwriting and records.

Lance A. Ito

Ito admitted 'any time I see Scheck and Neufeld, I get nervous,' drawing a candid laugh at the DNA team's expense.

F. Lee Bailey

Bailey told Darden to 'be like the defense, go to midnight' when Darden complained about working late.

Objections

None recorded

Proceeding 5285 • 42 utterances

Criminal Trial

Department 103