Reconvening court

📄 Reconvening court — Thursday, March 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\2\RECONVENING-COURT.DOC

TRIAL

▲ Day 29 of 167

◀ Cross-examination of Rosa Maria Lopez (part 9) Cross-examination of Rosa Maria Lopez (part 10) ▶

Date: Thursday, March 2, 1995 • Utterances: 33

Court reconvenes out of the jury's presence to address two issues before cross-examination of Rosa Lopez resumes. Cochran angrily denies media reports that he was signaling the witness, explaining his gesture was directed at court reporter Chris Olson to strike Darden's audible reaction from the record — a claim Olson confirms on the record. The session also surfaces continued technical problems with the telestrator and printer, which the court decides to work around.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)

# 2 THE COURT:

ALL RIGHT. MISS HAMBURGER, WOULD YOU BRING YOUR CLIENT IN, PLEASE? DEPUTY MAGNERA, DID WE RESOLVE THE ELECTRONIC PROBLEM?

# 3 DEPUTY MAGNERA:

YES, YOUR HONOR.

# 4 THE COURT:

LET'S HAVE IT QUIET, PLEASE. BACK ON THE RECORD. ALL PARTIES ARE PRESENT. MR. COCHRAN, YOU HAD A COMMENT?

# 5 MR. COCHRAN:

YES, YOUR HONOR. I WANTED TO, WHILE THE CAMERAS WERE GOING, TO STRAIGHTEN OUT SOMETHING FOR THE RECORD, IF THE COURT PLEASES. AT ONE OF THE SIDEBARS, MR. DARDEN SAID THAT SOME LOCAL CHANNEL OR SOME -- MR. DARDEN AND MISS CLARK SAID SOMETHING ABOUT SOME TELEVISION STATION WAS REPORTING THAT I WAS SIGNALING THE WITNESS. THAT IS ABSOLUTELY LUDICROUS AND I THINK IT'S ACTIONABLE. WHAT HAPPENED -- AND WE WENT BACK AND MY CLIENT IN FACT, MR. SIMPSON REMINDED ME AND I TALKED TO THE COURT REPORTER.

WHEN MR. DARDEN ASKED MISS LOPEZ A QUESTION ABOUT WHAT WE HAD TALKED ABOUT AND SHE SAID SHE WAS TOLD TO TELL THE TRUTH, MR. DARDEN STARTED TO KIND OF -- HE MADE A SOUND THAT WAS KIND OF LIKE A LAUGH OR SOME KIND OF A SOUND. I ASKED YOUR HONOR TO STRIKE THAT FROM THE RECORD IF YOUR HONOR RECALLS. I THEN LOOKED AT CHRIS, AS I OFT TIMES DO AND I ASKED HER TO STRIKE THAT FROM THE RECORD AND I WENT LIKE THIS TO GET THAT FROM THE RECORD OR WHATEVER. SHE WAS TRYING TO TELL ME THAT SHE COULDN'T GET A LAUGH OR A SMILE OR A GRIN DOWN. AND I WANTED TO MAKE THAT CLEAR FOR THE RECORD. THAT I WILL HOLD ANYONE ACTIONABLE WHO WOULD MAKE ANY SUCH A STATEMENT LIKE THAT. I WOULD NEVER EVER DO ANYTHING LIKE THAT AND I VERY MUCH READ RESENT IT. AND I WOULD LIKE YOUR HONOR TO HEAR FROM CHRIS WITH REGARD TO THE FACT SHE SAT THERE AND WATCHED ME DO THAT. IS THAT CORRECT, CHRIS?

# 6 COURT REPORTER OLSON:

YES, IT IS.

# 7 MR. COCHRAN:

SO I'M JUST FURIOUS THAT PEOPLE WOULD BE SO DESPERATE, YOUR HONOR, FOR A STORY. I NEVER LOOKED AT THAT WITNESS. I WASN'T PAYING ATTENTION TO THE WITNESS. I WAS TALKING TO THE COURT REPORTER FROM MY SEAT HERE. I CAN BARELY SEE UP THERE. AND I WAS TALKING TO HER ABOUT STRIKING THAT FROM THE RECORD.

SO I HOPE THE RECORD IS CLEAR IN THAT REGARD, YOUR HONOR.

KEY QUOTE

# 8 THE COURT:

ALL RIGHT. THANK YOU, MR. COCHRAN.

# 9 MR. COCHRAN:

THANK YOU VERY KINDLY, YOUR HONOR.

# 10 THE COURT:

ALL RIGHT. THE RECORD SHOULD REFLECT THAT ROSA LOPEZ HAS AGAIN RESUMED THE WITNESS STAND. GOOD AFTERNOON AGAIN, MISS LOPEZ. HOPEFULLY THIS WILL BE THE END OF IT. I AM SORRY.

# 11 MR. COCHRAN:

FOR THE CONDITIONAL EXAM -- MR. DARDEN DID APPROACH THE WITNESS STAND ON THE CONDITIONAL EXAM. WOULD THAT BE ON THE SAME TAPE?

# 12 THE COURT:

I ASSUME IT IS ALL ON THE SAME TAPE AND I ASSUME WE HAVE A BACK-UP TAPE FROM COURT T.V.

# 13 MR. COCHRAN:

YOUR HONOR, HE APPROACHED THE BENCH AND ASKED SOME QUESTIONS OF THE WITNESS, AND SO I WANT TO MAKE SURE THAT WE HAVE EQUAL TIME WITH REGARD TO THAT. I DIDN'T HAVE A MICROPHONE ON AT THAT TIME, SO I WAS JUST INQUIRING OF THE COURT AND OF CHRIS.

# 14 THE COURT:

I DON'T KNOW. I DON'T KNOW.

# 15 MR. COCHRAN:

CAN WE -- BEFORE THE END OF THE DAY, CAN WE MAKE SURE OF THAT?

# 16 THE COURT:

DO YOU WANT TO SECURE THE TAPE OF THAT PARTICULAR PASSAGE?

# 17 MR. COCHRAN:

NO. NO. NO. WHAT I WOULD LIKE TO DO IS TO MAKE SURE THAT MY RESPONSE GOES ON THAT TAPE BECAUSE LATER ON, YOUR HONOR, I DON'T WANT TO BE FACED WITH ANYTHING THAT THEY COULD MAKE AN OBJECTION ON THAT. THAT'S WHAT I WAS CONCERNED --

# 18 THE COURT:

ALL RIGHT. I'M NOT AS CONCERNED ABOUT THAT BECAUSE WE DO STILL HAVE THE VERBATIM COURT REPORTER'S TRANSCRIPT.

# 19 MR. COCHRAN:

ALL RIGHT. WHAT I WAS GOING TO SAY, IF THE COURT WANTS ME TO, I'LL GO UP BY THE WITNESS AND MAKE THE SAME KIND OF GESTURES THAT HE DID WHEN HE WAS UP BY MISS LOPEZ IS WHAT I'M SAYING.

# 20 THE COURT:

WELL, WE'LL GET TO THAT WHEN WE GET TO REDIRECT.

# 21 MR. COCHRAN:

ALL RIGHT. THANK YOU.

# 22 THE COURT:

ALL RIGHT. THANK YOU FOR YOUR COMMENTS, MR. COCHRAN.

# 23 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 24 THE COURT:

ALL RIGHT. GOOD AFTERNOON AGAIN, MISS LOPEZ. YOU ARE REMINDED YOU ARE STILL UNDER OATH. MR. DARDEN, YOU MAY CONCLUDE YOUR CROSS-EXAMINATION.

# 25 THE WITNESS:

GOOD AFTERNOON, SIR.

# 26 THE COURT:

SUBTLE, HUH?

# 27 MR. DARDEN:

EXCUSE ME, YOUR HONOR.

# 28 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 29 MR. DARDEN:

THERE'S A PROBLEM WITH THE TELESTRATOR AND WITH COPYING, AND WE HAVEN'T EVEN GOTTEN TO THE PHOTOGRAPHS WE WANT TO TALK ABOUT. SO JUST SO YOU KNOW.

# 30 MR. COCHRAN:

I DIDN'T HEAR WHAT HE SAID.

# 31 THE COURT:

HE INDICATED THERE'S STILL A PROBLEM WITH THE TELESTRATOR AND THE PRINTER AT THIS POINT, BUT WE'RE GOING TO PROCEED IN ITS ABSENCE IN ANY EVENT.

# 32 MR. COCHRAN:

VERY WELL.

# 33 THE COURT:

PROCEED.

Temperature

tense

Key Quotes (4)

Johnnie Cochran

THAT IS ABSOLUTELY LUDICROUS AND I THINK IT'S ACTIONABLE.

Cochran puts his legal threat on the record in response to TV reports he was signaling Rosa Lopez — a rare moment of a defense attorney threatening defamation action mid-trial.

Johnnie Cochran

SO I'M JUST FURIOUS THAT PEOPLE WOULD BE SO DESPERATE, YOUR HONOR, FOR A STORY. I NEVER LOOKED AT THAT WITNESS.

Cochran frames the allegation as media opportunism and explicitly denies watching Lopez during the disputed moment.

Court Reporter Olson

YES, IT IS.

The court reporter's on-record confirmation of Cochran's account is the key evidentiary moment of the proceeding — brief but decisive.

Lance A. Ito

SUBTLE, HUH?

Ito's dry aside when Lopez greets him instead of Darden is the only levity in an otherwise tense reconvening.

Evidence (2)

Informal

Courtroom videotape / Court TV backup tape of the conditional examination, including Darden's approach to the witness stand

discussed — Cochran wants to confirm his microphone-off responses are captured; Ito defers to the written transcript

Informal

Telestrator and courtroom printer

noted as still malfunctioning; court proceeds without them

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito•Court Reporter Olson

Cochran formally disputes media reports that he signaled Rosa Lopez, explains his gesture was aimed at the court reporter to strike Darden's laugh from the record, and calls Olson as an impromptu on-the-spot witness to confirm it.

heated on Cochran's part, matter-of-fact from Ito

Johnnie Cochran•Lance A. Ito

Cochran raises concern about equal representation on the videotape during Darden's approach to the witness — offers to physically re-enact Darden's gestures for the record. Ito defers to the written transcript and redirects to redirect examination.

strategic

Light Moments (1)

Lance A. Ito

After Ito tells Lopez she is still under oath and Darden is to continue cross-examination, Lopez says 'Good afternoon, sir' — apparently to Ito rather than Darden. Ito responds: 'Subtle, huh?'

Objections

None recorded

Proceeding 5097 • 33 utterances

Criminal Trial

Department 103