I OBJECT TO THAT. THIS IS POSSIBLE HARASSMENT. THEY'VE ALSO BEEN FOLLOWING HER APPARENTLY THREE CLOSEST FRIENDS. THAT'S -- I KNOW THE COURT HAS ALLOWED WIDE LATITUDE. WHAT'S THE RELEVANCE OF THAT? WHAT'S THE PROOF?
I ONLY ASKED FOR FIRST NAMES FIRST OF ALL. SECOND OF ALL, YOU KNOW, WE ARE HAVING A CONDITIONAL EXAMINATION. WE'RE HAVING A CONDITIONAL EXAMINATION AS THIS WITNESS IS ABOUT TO LEAVE, RIGHT? OTHERWISE, SHE WOULD HAVE FILED THE UNEMPLOYMENT INSURANCE FORMS, RIGHT? SO I DON'T KNOW WHERE SHE'S GOING TO BE WHEN THE TIME COMES. AND THE COURT PROMISED WIDE LATITUDE IN CROSS-EXAMINATION. I'VE NEVER HAD A CHANCE TO SPEAK TO HER DESPITE MANY, MANY REQUESTS THAT WERE NEVER COMMUNICATED TO THE WITNESS.
I THINK IT'S APPROPRIATE I BE ALLOWED TO ASK HER IF SHE TOLD HER THREE CLOSEST FRIENDS WHO MAY END UP BEING REBUTTAL WITNESSES IN THE EVENT THAT THIS TAPE IS SHOWN TO THE JURY. WHAT ELSE CAN I DO? I HAVEN'T HAD A CHANCE TO TALK TO HER.
THERE'S ABSOLUTELY NO BASIS FOR THAT QUESTION. FURTHERMORE, LET ME JUST STATE FOR THE RECORD, I'M GLAD WE'RE UP HERE. OTHERWISE, I WOULD HAVE HAD TO WAIT FOR A BREAK. AND THIS IS PREPOSTEROUS. IT SHOWS HOW DESPERATE THEY ARE WITH REGARD TO THIS. YOUR HONOR, ON SATURDAY, CHRIS DARDEN DID IN FACT CALL ME. I SAID, "MR. DARDEN, I'M NOT HER LAWYER. I WILL PUT CARL JONES IN TOUCH WITH YOU." I GOT OFF THE PHONE, I CALLED CHRIS -- I CALLED CARL JONES, TOLD HIM TO CALL CHRIS DARDEN. AT LUNCH TIME, MR. JONES TOLD ME HE CALLED, LEFT WORD ON HIS MACHINE, SAID, "LOOK, SHE DOESN'T WANT TO TALK TO YOU OR MARCIA CLARK." AND I'M SURE CHRIS HAS A PHONE MESSAGE TO THAT EFFECT. BUT THIS IS, YOUR HONOR, PREPOSTEROUS, WAY BEYOND ANY WIDE LATITUDE THAT YOU COULD GIVE. I THINK THIS IS HARASSMENT, YOUR HONOR. THIS LADY IS ABOUT TO GO TO EL SALVADOR, AND ASKING HER WHO HER THREE BEST FRIENDS ARE, WHAT TYPE OF MESSAGE ARE WE GOING TO SEND? THIS IS PREPOSTEROUS. IF THE COURT WANTS TO ASCERTAIN THAT INFORMATION, I THINK THAT'S ONE THING, BUT NOT IN THIS SETTING.
ALL RIGHT. WELL, I THINK WHAT MR. DARDEN IS GOING TO ASK IS, "WHO ARE YOUR BEST -- THE FIRST NAMES OF YOUR THREE BEST FRIENDS? HAVE YOU TOLD ANY OF THESE PERSONS THIS INFORMATION? WHY OR WHY NOT?" I THINK THAT'S WHERE IT'S GOING. I SUSPECT THAT'S WHERE IT'S GOING. AM I CORRECT?
THAT'S CORRECT. AND GIVEN THE WITNESS' PRIOR INCONSISTENT STATEMENTS AND INABILITY TO RECALL --
LET ME -- EXCUSE ME, MR. DARDEN. FORGIVE ME FOR INTERRUPTING YOU. YOU'RE JUST GOING TO ASK FOR THE FIRST NAMES, "DID YOU TELL SO AND SO AND SO AND SO"?
MAY I ADDRESS THE COURT ON A SEPARATE ISSUE? I WAS UPSTAIRS LISTENING TO THE TELEVISION FOR A BRIEF TIME UNTIL I COULD GET DOWN, AND WHAT BECAME VERY CLEAR TO ME IS THAT MR. COCHRAN'S OBJECTIONS, WHICH ARE BASICALLY COACHING SESSIONS, CANNOT REALLY AUDIBLY BE HEARD. IF WE WERE BEFORE -- THE PURPOSE OF VIDEOTAPING A CONDITIONAL EXAMINATION IS TO RECREATE THE SITUATION AS CLOSE AS IS POSSIBLE TO WHAT THE JURY WOULD SEE IN HERE. IF THE JURY WERE PRESENT TO SEE AND HEAR HIS BEHAVIOR WITH RESPECT TO THESE COACHING SESSIONS THAT HE'S GIVEN TO THE WITNESS, THEY WOULD BE VERY WELL AWARE OF THE FACT THAT SHE'S BEING TOLD WHAT TO SAY, HOW TO SAY IT. WHAT WE'RE BEING DEPRIVED OF HERE IS THE ABILITY OF THE JURY TO TAKE THAT INTO ACCOUNT TO EVALUATE HER CREDIBILITY, WHICH IS VERY IMPORTANT, WHICH IS WHY I ASK THE COURT TO ALLOW A MICROPHONE.
MAY I RESPOND TO THAT? WHEN I OBJECT, I'M OBJECTING IN ENGLISH AND IT'S NOT BEING INTERPRETED TO THE WITNESS. AND AS SOON AS WE TAKE A BREAK, YOU'LL UNDERSTAND. THIS STUFF ABOUT TALKING, SIGNALLING, I HAVE NEVER SIGNALLED A WITNESS IN MY LIFE AND I WOULD NEVER DO THAT. I'LL CALL ONE OF YOUR STAFF OUT TO CLEAR UP EXACTLY WHAT HAPPENED. THAT'S ABSOLUTELY PREPOSTEROUS. THESE PEOPLE ARE DESPERATE. I DON'T -- IF I GIVE SPEAKING OBJECTIONS, YOUR HONOR, THIS LADY IS SPEAKING IN SPANISH. IF I'M REALLY TRYING TO COACH HER, WHY WOULD I BOTHER TO OBJECT TO THEIR QUESTION?
MRS. CLARK, LET ME JUST MAKE AN OBSERVATION. YOU KNOW, THE RECORD FOR CONDITIONAL EXAMINATION IS ACTUALLY THE COURT REPORTER'S TRANSCRIPT, AND THE FACT WE HAVE A VIDEO IS SORT OF A BACKUP TO THAT. THE OBJECTIONS ARE RECORDED IN THE RECORD, AND IF IT'S RELEVANT AT SOME POINT IN TIME, WE HAVE IT MEMORIALIZED.
OKAY. AND SINCE WE ARE SHOWING THE VIDEOTAPE, HER ABILITY TO UNDERSTAND IS GOING TO BE VERY IMPORTANT AS WELL AS HER ABILITY TO UNDERSTAND MR. COCHRAN.
MISS CLARK, I'VE GOT A REAL RELUCTANCE PUTTING LIVE MICROPHONES ON COUNSEL TABLE ON EITHER SIDE. I REALLY DO. I DON'T TRUST THESE PEOPLE. I MEAN WE SAW WHAT HAPPENED AT THE PRELIMINARY HEARING AND I --
KEY QUOTEIT'S A PROBLEM. SO WE HAVE THE COURT REPORTER'S RECORD WHICH IS THE VERBATIM TRANSCRIPT.
I'M GOING TO ASK -- COUNSEL, THE PROCEDURE WILL BE, VOICE YOUR OBJECTION, THEN I'LL SAY, STATE YOUR GROUNDS, YOUR LEGAL GROUNDS. BUT ALL I WANT OUT OF YOU IS "OBJECTION."
DEPUTY MAGNERA HAS CALLED THE ELECTRICIAN. WE HAVE NO POWER TO RUN ANYTHING RIGHT NOW.
THIS HAD TO HAPPEN SOONER OR LATER. LET'S PROCEED. WE WILL JUST HAVE TO DO IT THE OLD FASHION WAY.
KEY QUOTEMR. COCHRAN'S OBJECTIONS, WHICH ARE BASICALLY COACHING SESSIONS, CANNOT REALLY AUDIBLY BE HEARD.
I'VE GOT A REAL RELUCTANCE PUTTING LIVE MICROPHONES ON COUNSEL TABLE ON EITHER SIDE. I REALLY DO. I DON'T TRUST THESE PEOPLE.
IF I'M REALLY TRYING TO COACH HER, WHY WOULD I BOTHER TO OBJECT TO THEIR QUESTION?
THIS HAD TO HAPPEN SOONER OR LATER. LET'S PROCEED. WE WILL JUST HAVE TO DO IT THE OLD FASHION WAY.