Sidebar: videotape authenticity

📄 Sidebar: videotape authenticity — Thursday, March 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\2\SIDEBAR-VIDEOTAPE-AUTHENTICITY.DOC

TRIAL

▲ Day 29 of 167

◀ Videotape documentation Cross-examination of Rosa Maria Lopez (part 6) ▶

Date: Thursday, March 2, 1995 • Utterances: 38

Defense attorney Cochran objects at sidebar to the prosecution's use of a KABC television interview tape, arguing he was never provided a copy and that the tape appears to be edited. Judge Ito orders Darden to provide a copy to Cochran by 9:30 the next morning and overrules the objection. The sidebar ends with a charged moment when Darden accuses Cochran of being caught on video signaling to a witness — footage allegedly airing on news stations nationwide.

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

# 2 THE COURT:

WE'RE AT THE SIDEBAR.

# 3 MR. COCHRAN:

I WAS NEVER GIVEN A COPY OF THIS PARTICULAR TAPE. AND THE ONLY REASON I WANTED TO COME UP HERE WAS, THEY ALWAYS OBJECT TO EVERYTHING, SEEM TO BE SURPRISED. THIS SEEMS TO BE CUT. I DON'T KNOW. I'VE NEVER SEEN THIS TAPE. SAME PROBLEMS. I ASSUME IT'S GOING TO BE USED FOR IMPEACHMENT. I'VE NEVER SEEN THIS ONE. I GUESS IT'S IMPEACHING ABOUT WHETHER SHE TALKED TO A REPORTER, BUT SHE'S BEEN CONSISTENT ABOUT HEARING VOICES AND NOISES OR WHATEVER LATE IN THE NIGHT. SO I THINK -- BUT I NEVER HAVE SEEN THIS BEFORE. I DON'T HAVE A COPY OF THIS. I NEVER HAD ANY OF THIS. WE HAD SOME MAJOR -- MAJOR BATTLES OVER --

KEY QUOTE

# 4 THE COURT:

FOUNDATION.

# 5 MR. COCHRAN:

CUTTING -- FOUNDATION. SPLICING -- CUTTING, SPLICING, THAT SORT OF THING. SO I HAVE A PROBLEM WITH THAT.

# 6 MR. DARDEN:

THESE ARE HER OWN WORDS AND IT WAS ON T.V. TWO NIGHTS AGO. SO AGAIN --

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

# 8 MR. DARDEN:

COCOUNSEL POINTS OUT, THESE ARE HER OWN WORDS.

# 9 MR. COCHRAN:

THAT'S NOT FOUNDATIONAL. I DON'T KNOW WHAT ELSE SHE MAY HAVE SAID. THIS IS CUT. IT'S OBVIOUSLY CUT IN THE MIDDLE OF IT. SO WITHOUT FOUNDATION, YOUR HONOR, I HAVE A PROBLEM WITH THAT. AND I THINK IT'S THE SAME ARGUMENT THEY MADE WITH REGARD TO THE VIDEO THAT WE USED WHERE WE HAD TO NAME THE CAMERAMAN IF THE COURT RECALLS. SO I OBJECT TO THIS ON FOUNDATIONAL GROUNDS. I THINK IT'S COLLATERAL IMPEACHMENT, BUT I OBJECT ON FOUNDATIONAL GROUNDS.

# 10 THE COURT:

WE DIDN'T ACTUALLY HAVE TO GET THE CAMERAMAN. I DID ALLOW YOU TO LAY A FOUNDATION WITH THE WITNESSES WHO WERE THERE.

# 11 MR. COCHRAN:

BUT YOU ASKED US TO GIVE THE CAMERAMAN TO THE PROSECUTION, WHICH WE DID AS I RECALL.

# 12 THE COURT:

ALL RIGHT.

# 13 MR. COCHRAN:

AND I DON'T KNOW ANYTHING ABOUT KABC.

# 14 MR. DARDEN:

NOW, AS I UNDERSTAND IT, YOU KNOW, WE ASKED KABC FOR THE COMPLETE UNCUT VERSION OF THIS INTERVIEW, AND WE WERE TOLD YOU ASKED THEM FOR THE SAME THING.

# 15 MR. COCHRAN:

NOT OF THIS INTERVIEW.

# 16 MR. DARDEN:

THAT'S WHAT I WAS TOLD.

# 17 MR. COCHRAN:

YOU WERE TOLD WRONG. I DON'T KNOW ANYTHING ABOUT THIS.

# 18 THE COURT:

ALL RIGHT. WELL, JUST AS A MATTER OF COURTESY, I THINK COUNSEL IS ENTITLED TO GET A COPY OF IT. SO --

# 19 MR. DARDEN:

SURE.

# 20 THE COURT:

AND YOU'LL PROVIDE THIS I'M SURE, MR. DARDEN, SOMETIME BY TOMORROW?

# 21 MR. DARDEN:

CERTAINLY BY 9:30 TOMORROW.

# 22 THE COURT:

BUT I DID ALLOW -- MR. COCHRAN, ON YOUR OTHER POINT, I DID ALLOW THE OFFICER TO TESTIFY, "YEAH, THAT'S ME. THAT'S THE CORONER'S REPRESENTATIVE." I DID ALLOW THE WITNESS TO AUTHENTICATE THE TAPE FOR FOUNDATIONAL REASONS. I AGREE WITH YOU, PERHAPS MR. DARDEN DIDN'T ASK SOME OF THE FUNDAMENTAL FOUNDATIONAL QUESTIONS SUCH AS, "DO YOU RECOGNIZE THE PERSON WHO WAS THERE," BUT IT'S PRETTY OBVIOUS WHAT WE'RE TALKING ABOUT. IT'S NOT A BIG DEAL.

# 23 MR. COCHRAN:

AND I WOULDN'T MAKE A BIG DEAL OVER SOMETHING LIKE THAT. BUT THE PROBLEM I HAVE IS THAT I DON'T KNOW WHAT ELSE THERE IS.

# 24 THE COURT:

I AGREE.

# 25 MR. COCHRAN:

THIS IS NOT THE ENTIRE INTERVIEW. I DON'T KNOW WHAT ELSE THERE IS.

# 26 MS. LEWIS:

IT DOESN'T HAVE TO BE THE ENTIRE --

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

# 28 MR. COCHRAN:

COULD WE JUST HAVE ONE PERSON TALKING?

# 29 MR. DARDEN:

SHE CAN TALK TO ME, MR. COCHRAN. A QUESTION WAS POSED AND SHE GAVE AN ANSWER.

# 30 MR. COCHRAN:

I'M JUST ASKING --

# 31 THE COURT:

WELL, WE'RE HERE JUST AS A -- MY UNDERSTANDING OF OUR DISCUSSION HERE, WE'RE JUST HERE TO DISCUSS PROFESSIONAL COURTESY, THAT YOU WILL MAKE A COPY AVAILABLE TO MR. COCHRAN.

# 32 MR. DARDEN:

HAVE YOU SEEN THE VIDEO OF MR. COCHRAN SIGNALING TO THE WITNESS?

KEY QUOTE

# 33 MR. COCHRAN:

SIGNALLING WHAT WITNESS?

# 34 MR. DARDEN:

IT'S ON EVERY NEWS STATION IN THE COUNTRY RIGHT NOW.

# 35 MR. COCHRAN:

WHAT SIGNAL TO WHAT WITNESS? WHAT ARE YOU TALKING ABOUT? I WOULD LIKE TO SEE THAT.

KEY QUOTE

# 36 MS. CLARK:

YOU WILL.

# 37 THE COURT:

COUNSEL, AT THIS POINT, THE OBJECTION IS OVERRULED. LET'S PROCEED. THANK YOU.

# 38 MR. COCHRAN:

I WOULD LIKE TO SEE THAT.

Temperature

tense

Key Quotes (5)

Johnnie Cochran

I WAS NEVER GIVEN A COPY OF THIS PARTICULAR TAPE. AND THE ONLY REASON I WANTED TO COME UP HERE WAS, THEY ALWAYS OBJECT TO EVERYTHING, SEEM TO BE SURPRISED. THIS SEEMS TO BE CUT.

Cochran frames his objection as a discovery violation while preemptively deflecting accusations of gamesmanship.

Christopher Darden

HAVE YOU SEEN THE VIDEO OF MR. COCHRAN SIGNALING TO THE WITNESS? IT'S ON EVERY NEWS STATION IN THE COUNTRY RIGHT NOW.

A grenade thrown at the very end of what was supposed to be a routine courtesy discussion — escalates the sidebar dramatically and foreshadows a major misconduct allegation.

Johnnie Cochran

WHAT SIGNAL TO WHAT WITNESS? WHAT ARE YOU TALKING ABOUT? I WOULD LIKE TO SEE THAT.

Cochran's genuine-sounding bafflement, or performance of it, closes the sidebar with unresolved tension.

Lance A. Ito

IT'S PRETTY OBVIOUS WHAT WE'RE TALKING ABOUT. IT'S NOT A BIG DEAL.

Ito brushing past the foundational argument, signaling he won't let technical objections block the tape.

Marcia Clark

YOU WILL.

Two words, delivered as a threat — Clark confirming Cochran will be shown the signaling video.

Evidence (1)

Informal

KABC television interview tape of an unidentified witness, apparently edited, used by prosecution for impeachment regarding witness statements about hearing voices and noises

disputed on foundational grounds; court orders prosecution to provide copy to defense

Notable Exchanges (3)

Johnnie Cochran•Christopher Darden

Cochran insists he never requested the full KABC interview; Darden says he was told the defense asked for the same uncut version. Cochran flatly denies it.

adversarial

Christopher Darden•Johnnie Cochran•Marcia Clark

At the close of the sidebar, Darden blindsides Cochran with the claim that video of Cochran signaling to a witness is airing nationally. Cochran demands to see it; Clark says 'you will.'

explosive

Johnnie Cochran•Cheri Lewis

Lewis tries to interject that the tape doesn't need to be the complete interview; Cochran pointedly asks that only one prosecution attorney speak at a time.

testy

Credibility Attacks (2)

⚔ unidentified witness (neighbor/bystander re: hearing noises)

prior inconsistent statement via television interview

Prosecution seeks to use edited KABC interview footage to impeach the witness on statements about hearing voices or noises late at night.

⚔ Johnnie Cochran

misconduct allegation

Darden alleges video airing on news stations shows Cochran signaling to a witness — a potential witness-tampering or coaching allegation raised mid-sidebar.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 5111 • 38 utterances

Criminal Trial

Department 103