Sidebar: Sylvia witness disclosure

📄 Sidebar: Sylvia witness disclosure — Thursday, March 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\2\SIDEBAR-SYLVIA-WITNESS-DISCLOS.DOC

TRIAL

▲ Day 29 of 167

◀ Direct examination of Rosa Maria Lopez (part 1) Direct examination of Rosa Maria Lopez (part 2) ▶

Date: Thursday, March 2, 1995 • Utterances: 34

Judge Ito held a sidebar to clarify the scope of Cochran's examination of a witness regarding 'Sylvia,' whose late disclosure by the prosecution had previously restricted the defense from raising her. Cochran pushed to understand whether he could examine on a tape and statement that were also turned over late; Ito ruled he could not, but anticipated the material would surface on redirect. The sidebar also included a brief practical detour to confirm that the lavalier microphone was off so the jury could not hear the bench conference.

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

# 2 THE COURT:

WE ARE OVER AT THE SIDE BAR. AND MY RECOLLECTION IS THAT BECAUSE OF THE LATE DISCLOSURE OF SYLVIA THAT YOU WERE PRECLUDED FROM GOING INTO HER UNLESS AND UNTIL THE PROSECUTION DECIDES TO GO INTO IT.

# 3 MR. COCHRAN:

OKAY. ALL RIGHT.

# 4 MR. DARDEN:

THERE IS A MOTION TO STRIKE THE LAST TWO QUESTIONS AND ANSWERS.

# 5 MR. COCHRAN:

JUST ASKED IF SHE KNEW HER, A FRIEND. I CERTAINLY WILL ABIDE BY THAT. I THOUGHT YOU SAID THAT --

# 6 THE COURT:

BUT THEN IF THEY MENTION IT ON CROSS-EXAMINATION, THEN OBVIOUSLY YOU CAN GO ON REDIRECT.

# 7 MR. COCHRAN:

WHILE WE ARE UP HERE --

# 8 MR. DARDEN:

MOTION TO STRIKE THE LAST TWO QUESTIONS AND ANSWERS RELATIVE TO SYLVIA.

# 9 MR. COCHRAN:

I THINK THAT I HAVE NOT GONE INTO IT. I JUST ASKED IF SHE KNEW HER.

# 10 THE COURT:

WELL, YES AND NO, BUT I MEAN, YOU DON'T WANT THAT IN THE RECORD, THAT SHE KNOWS HER AND THAT IS THE PERSON?

# 11 MR. DARDEN:

I WOULD LIKE TO DO IT MY WAY.

# 12 THE COURT:

ALL RIGHT. THE MOTION IS GRANTED. AS A MATTER OF PRACTICALITY, IF YOU WANT TO ASK THE SAME QUESTIONS LATER, IT JUST SEEMS SILLY.

KEY QUOTE

# 13 MR. COCHRAN:

ANOTHER QUESTION IS WHILE WE ARE UP HERE --

# 14 MR. DARDEN:

WHAT ABOUT THIS THING, BY THE WAY, (INDICATING)?

# 15 THE COURT:

NO. WHOEVER QUESTIONS THE WITNESS HAS TO WEAR THAT BECAUSE WHEN YOU MOVE AROUND WE DON'T HAVE THE ABILITY TO --

# 16 MR. DARDEN:

I GUESS MY QUESTION IS ARE THEY LISTENING TO THE SIDE BAR?

KEY QUOTE

# 17 THE COURT:

NO. SIDE BAR SHOULD BE TURNED OFF.

# 18 MR. COCHRAN:

WELL, DO YOU WANT TO CHECK, JUDGE?

# 19 THE COURT:

LET ME JUST CHECK WITH THE SOUND PERSON.

# 20 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 21 THE COURT:

SOUND PERSON?

# 22 MS. PIETZ:

YES.

# 23 THE COURT:

LAVALIER MIKE IS TURNED OFF?

# 24 MS. PIETZ:

THAT'S CORRECT.

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

# 26 MR. COCHRAN:

OKAY. THE QUESTION IS, SO THAT I'M CLEAR ON THE COURT'S RULING WITH REGARD TO THE TAPE THAT WAS TURNED OVER, AM I ALLOWED TO GO INTO THIS ON DIRECT?

# 27 MR. DARDEN:

THE TAPE AND THE STATEMENT THAT ARE TURNED OVER LATE, SO --

# 28 MR. COCHRAN:

WELL, YOU SAID YOU WERE GOING TO LET US KNOW ABOUT SCOPE. YOU NEVER MADE A RULING REGARDING THAT.

# 29 THE COURT:

WELL, NO, YOU CAN'T GO INTO THE TAPE OR THE STATEMENT AT THIS POINT, BUT I SUSPECT WE WILL SEE IT ON REDIRECT.

KEY QUOTE

# 30 MR. COCHRAN:

OKAY.

# 31 MS. CLARK:

SO IS --

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

# 33 MR. COCHRAN:

I WANT TO ASK SOME QUESTIONS ABOUT HOW THE TAPE WAS DONE. IS THAT ALL RIGHT OR SHALL I JUST WAIT?

# 34 THE COURT:

WHY DON'T YOU WAIT. ALL RIGHT. THANK YOU.

Temperature

procedural

Key Quotes (4)

Lance A. Ito

BECAUSE OF THE LATE DISCLOSURE OF SYLVIA THAT YOU WERE PRECLUDED FROM GOING INTO HER UNLESS AND UNTIL THE PROSECUTION DECIDES TO GO INTO IT.

Establishes the controlling ruling: late disclosure sanctions restrict defense examination of Sylvia until the prosecution opens the door.

Lance A. Ito

ALL RIGHT. THE MOTION IS GRANTED. AS A MATTER OF PRACTICALITY, IF YOU WANT TO ASK THE SAME QUESTIONS LATER, IT JUST SEEMS SILLY.

Ito grants the motion to strike but notes the ruling is somewhat formalistic — Cochran can revisit the same ground later.

Lance A. Ito

YOU CAN'T GO INTO THE TAPE OR THE STATEMENT AT THIS POINT, BUT I SUSPECT WE WILL SEE IT ON REDIRECT.

Rules out defense use of late-disclosed tape and statement on direct, while signaling he expects the prosecution to open the door.

Christopher Darden

I GUESS MY QUESTION IS ARE THEY LISTENING TO THE SIDE BAR?

Practical concern about microphone bleed — reveals awareness of the high-profile audio/broadcast context of the trial.

Evidence (1)

Informal

A tape and accompanying statement turned over late by the prosecution, related to witness Sylvia

discussed; Cochran barred from exploring on direct examination

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran sought clarification on the court's prior ruling about scope — specifically whether he could examine on the late-disclosed tape. Ito ruled no, but indicated redirect was likely.

strategic

Christopher Darden•Lance A. Ito

Darden asked whether the jury could hear the sidebar via the lavalier mic; Ito paused the sidebar to verify with the sound technician.

procedural

Light Moments (1)

Lance A. Ito

Ito interrupted the legal argument to check with the courtroom sound technician whether the lavalier mic was live, briefly stepping back into open court mid-sidebar.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 5120 • 34 utterances

Criminal Trial

Department 103