📄 Sidebar: phone bill evidence — Thursday, March 2, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\2\SIDEBAR-PHONE-BILL-EVIDENCE.DOC
TRIAL
▲ Day 29 of 167

Sidebar: phone bill evidence

Date: Thursday, March 2, 1995 • Utterances: 33
During cross-examination of a witness, Darden attempts to use phone records to impeach her testimony — apparently she claimed to have contacted a family named the Salingers (in England) about the Simpson case, but the records show only brief, possibly incomplete calls. Cochran objects that the defense has never been given copies of these exhibits, raising a discovery/disclosure dispute. Ito overrules the objection but admonishes Darden to prepare photocopies in advance to avoid stopping testimony.
1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)
2 MR. DARDEN:

THERE'S MULTIPLE PHONE CALLS TO SOMEPLACE IN ENGLAND.

3 MR. COCHRAN:

ONE MINUTE.

4 THE COURT:

THAT MEANS ECONOMY. LET ME JUST MAKE A QUICK PHOTOCOPY.

5 MR. COCHRAN:

IF THESE ARE EXHIBITS, YOUR HONOR, CAN WE GET COPIES OF THEM? I DON'T HAVE ANYTHING.

6 THE COURT:

I WAS ABOUT TO SAY, AS A MATTER OF COURTESY, WHEN YOU BRING SOMETHING, YOU JUST OUGHT TO HAVE PHOTOCOPIES. HOLD ON. LET'S GET THE COPIES SO WE ALL HAVE IT IN FRONT OF US.

7 MR. SHAPIRO:

WAS THAT A SUBPOENA DUCES TECUM TO THE COURT?

8 MR. DARDEN:

IT IS A SUBPOENA DUCES TECUM TO THE COURT. THE COURT HAS THEM.

9 MR. SHAPIRO:

WHO RELEASED IT?

10 THE COURT:

IT'S SUPPOSED TO BE IN THE POSSESSION OF THE COURT.

11 MR. SHAPIRO:

UNRELEASED. SO HOW DID IT GET RELEASED?

12 MR. DARDEN:

I ASKED MR. SALINGER FOR THESE. THOSE ARE NOT CERTIFIED RECORDS.

13 THE COURT:

WE HAD TO GET A COMPUTER PROGRAM JUST TO KEEP TRACK OF ALL OUR SDT'S.

14 MR. DARDEN:

YOUR HONOR, I WANT TO FINISH TODAY. CAN WE GET BACK TO THIS WITNESS? CAN WE GET BACK TO THE WITNESS?

15 THE COURT:

NO. AS A MATTER OF COURTESY, I THINK COUNSEL OUGHT TO HAVE COPIES.

16 MR. DARDEN:

WHY DON'T I GO ON TO SOMETHING ELSE?

17 THE COURT:

WE HAD A FAILURE OF COMMUNICATION. MARCIA, YOU CAN HAVE THAT BACK.

18 MR. COCHRAN:

CAN WE GET WHATEVER EXHIBITS HE GETS AS A MATTER OF COURTESY, ANY OF THIS IN DISCOVERY? AND IF IT'S FOR IMPEACHMENT -- IF THE COURT RULES WE ARE NOT ENTITLED TO IT, THAT'S ONE THING. BUT I WOULD LIKE TO HAVE THE COURT GIVE US SOME SENSE OF THIS. THIS IS OUT OF ORDER.

19 THE COURT:

LAST PAGE. LAST PAGE. OH, OKAY. WHERE IS MR. DARDEN? ARE YOU GOING TO CARRY THE BALL ON THE OBJECTION?

20 MS. CLARK:

WHAT OBJECTION WAS THAT? WHICH ONE? WHEN?

21 THE COURT:

WHAT IS YOUR OBJECTION, MR. COCHRAN?

22 MR. COCHRAN:

YOUR HONOR, WITH REGARD TO THIS PHONE BILL, I HAD SOME CONCERN THAT THESE EXHIBITS KEEP POPPING UP. WE'VE NEVER SEEN THEM, NEVER BEEN GIVEN A COPY, NEVER GIVEN ANYTHING, AND I THINK WE'RE ENTITLED TO THESE THINGS PROBABLY BY DISCOVERY, BUT CERTAINLY BY MATTER OF COURTESY OF GETTING THESE THINGS. WE ARE SEEING THEM AT THE VERY LAST SECOND. WE DON'T KNOW ANYTHING ABOUT IT. WE ASKED CHRIS FOR WHATEVER INFORMATION HE HAD THIS MORNING. WE THOUGHT IT WOULD BE FORTHCOMING. IT HAS NOT BEEN FORTHCOMING UNTIL WE DO THIS AFTER EACH EXHIBIT.

KEY QUOTE
23 THE COURT:

WHAT'S YOUR SPECIFIC OBJECTION REGARDING THIS PHONE BILL?

24 MR. COCHRAN:

I THINK THE COURT SHOULD TAKE A LOOK AT THIS. I'M NOT AN EXPERT IN INTERPRETING PHONE 'BILLS, BUT TALKING ABOUT CALL 13, 12:54, IT SAYS, "STANDARD, ONE MINUTE," AND I DON'T KNOW IF SOMEBODY CALLED SOMEONE OR IF IT WAS COMPLETED. IT'S NOT CLEAR. THEN IT SAYS 2:05, "DISC," WHICH COULD BE DISCONNECTED ONE MINUTE. THOSE ARE THE ONLY TWO CALLS ON THE 13TH, EACH ONE MINUTE. SO I DON'T KNOW WHAT THAT MEANS AND I'VE NEVER SEEN IT BEFORE. BUT THAT'S JUST MY FIRST READING AND I WOULD LIKE AN OFFER OF PROOF.

25 THE COURT:

MR. DARDEN.

26 MR. DARDEN:

WELL, THIS IS IMPEACHMENT EVIDENCE OBVIOUSLY. BUT BEYOND THAT SIMPLE ISSUE, YOU KNOW, IF SHE CALLED THE SALINGER'S, I WANT TO KNOW WHY. IF SHE'S NOT CALLING THEM TO TELL THEM ABOUT THE SIMPSON CASE, WHICH APPARENTLY SHE IS NOT, YOU KNOW, FINE. WHAT IF SHE GETS UP HERE AND SAYS, "I TRIED TO CALL THE SALINGER'S FOUR TIMES TO TELL THEM ABOUT WHAT HAPPENED, BUT I COULDN'T GET IN CONTACT WITH THEM"? THIS IS CONDITIONAL EXAMINATION. I'M TRYING TO COVER --

27 THE COURT:

MR. DARDEN, ARE THE SALINGER'S GOING TO COME IN AND SAY, "YEAH, SHE CALLED AND TOLD US ABOUT THIS"?

28 MR. DARDEN:

THEY ARE GOING TO SAY THEY DIDN'T HEAR ANY MENTION ABOUT IT UNTIL THEY WATCHED MR. COCHRAN'S HISTORICAL OPENING STATEMENT.

KEY QUOTE
29 MR. COCHRAN:

WHAT'S THE PURPOSE OF THIS, YOUR HONOR? I FAIL TO SEE HOW THIS IS IMPEACHMENT. YOU CAN'T TELL IF THESE CALLS WERE COMPLETED, ONE MINUTE, AND YOU CAN SEE WHEN CALLS ARE COMPLETED. THEY SEEM TO BE A LITTLE LONGER, 16 MINUTES, FOUR MINUTES.

30 MR. DARDEN:

SHE'S NEVER GOING TO BE HERE AGAIN, YOUR HONOR. I HAVE TO COVER MY BASES.

KEY QUOTE
31 MR. COCHRAN:

WELL, I AM OBJECTING, YOUR HONOR.

32 THE COURT:

I'M GOING TO OVERRULE THE OBJECTION AT THIS POINT. HOWEVER, MR. DARDEN, WOULD YOU JUST AS A MATTER OF COURTESY, SO WE DON'T HAVE TO STOP EVERY TIME, PULL OUT THE EXHIBIT FOR MY CLERK TO MAKE PHOTOCOPIES OF THESE THINGS? HAVE YOU GOT ANYTHING ELSE?

I'M GOING TO TAKE A BREAK, BUT WE ARE GOING TO TAKE A BREAK IN ABOUT 10 MINUTES. IF YOU'VE GOT ANYTHING ELSE YOU ARE GOING TO USE, WHY DON'T YOU USE THAT OPPORTUNITY TO HAVE YOUR LAW CLERK GO UP, MAKE A COPY OF IT SO WE DON'T HAVE TO STOP AND DO THIS. ALL RIGHT. THANK YOU. AND JUST SO THE RECORD IS CLEAR, THE CLERK DOES HAVE SDT'S FOR THE PHONE RECORDS IN THE FILE.

33 MR. SHAPIRO:

THANK YOU.

Temperature

tense

Key Quotes (4)

Johnnie Cochran
WITH REGARD TO THIS PHONE BILL, I HAD SOME CONCERN THAT THESE EXHIBITS KEEP POPPING UP. WE'VE NEVER SEEN THEM, NEVER BEEN GIVEN A COPY, NEVER GIVEN ANYTHING, AND I THINK WE'RE ENTITLED TO THESE THINGS PROBABLY BY DISCOVERY, BUT CERTAINLY BY MATTER OF COURTESY.
Core of Cochran's objection — a pattern of prosecution introducing exhibits at the last moment without prior disclosure to the defense.
Christopher Darden
THEY ARE GOING TO SAY THEY DIDN'T HEAR ANY MENTION ABOUT IT UNTIL THEY WATCHED MR. COCHRAN'S HISTORICAL OPENING STATEMENT.
Reveals the purpose of the phone records: the Salingers will contradict the witness's claim of prior contact, and Darden's use of 'historical opening statement' reads as a dry jab at Cochran.
Christopher Darden
SHE'S NEVER GOING TO BE HERE AGAIN, YOUR HONOR. I HAVE TO COVER MY BASES.
Explains the urgency — this is the witness's only appearance, so Darden must use the impeachment evidence now or lose the opportunity.
Johnnie Cochran
TALKING ABOUT CALL 13, 12:54, IT SAYS, 'STANDARD, ONE MINUTE,' AND I DON'T KNOW IF SOMEBODY CALLED SOMEONE OR IF IT WAS COMPLETED... THOSE ARE THE ONLY TWO CALLS ON THE 13TH, EACH ONE MINUTE.
Cochran argues the phone records are ambiguous — one-minute calls may have been disconnected rather than completed, undermining the impeachment value.

Evidence (1)

Informal
Phone bill showing calls to England on the 13th (June 13), including a one-minute 'standard' call at 12:54 and a one-minute 'disc' (disconnected?) call at 2:05 — obtained via subpoena duces tecum to the court
introduced for impeachment, objected to by defense

Notable Exchanges (3)

Robert ShapiroChristopher DardenLance A. Ito
Shapiro questions how the subpoena duces tecum records were released before formal process; Ito clarifies the records are in the court's possession via SDT, while Darden says he asked for them directly from Salinger.
strategic
Christopher DardenLance A. Ito
Ito asks pointedly whether the Salingers will corroborate the witness's calls; Darden reveals they will testify the opposite — that they never heard about the case until Cochran's opening statement.
revealing
Johnnie CochranLance A. Ito
Cochran presses for an offer of proof on the phone bill's relevance; Ito overrules but requires Darden to prepare photocopies in advance to avoid repeated interruptions.
procedural

Light Moments (1)

Lance A. Ito
Ito deadpans that they had to get a computer program just to track all the subpoenas duces tecum the case has generated.

Credibility Attacks (1)

⚔ unidentified female witness
prior inconsistent statement via documentary evidence
Darden uses phone records to challenge witness's apparent claim of having contacted the Salingers (in England) about the Simpson case — the records show only brief, possibly incomplete calls on June 13, and the Salingers will testify they heard nothing until Cochran's opening statement.

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 5116 • 33 utterances
Criminal Trial
Department 103
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📂 MAR 2, 1995 📄 Sidebar: phone bill evidence
MAR 2, 1995 KRT DvH TD