Sidebar: word translation

📄 Sidebar: word translation — Thursday, March 2, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\2\SIDEBAR-WORD-TRANSLATION.DOC

TRIAL

▲ Day 29 of 167

◀ Cross-examination of Rosa Maria Lopez (part 10) Cross-examination of Rosa Maria Lopez (part 11) ▶

Date: Thursday, March 2, 1995 • Utterances: 32

Cochran raised a concern at sidebar that a Spanish-speaking witness's lawyer had flagged a potential translation issue with the word 'testimony' or 'testimonial.' Judge Ito called the interpreter to the bench and asked her to clarify the Spanish equivalents, ultimately concluding no clarification was needed. Darden objected throughout, arguing any confusion should be addressed by the defense on redirect rather than by the court mid-cross-examination.

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

# 2 THE COURT:

OVER AT THE SIDEBAR.

# 3 MR. DARDEN:

CAN WE STOP HAVING CONVERSATIONS BEFORE WE GET HERE? IT WOULD BE NICE IF WE STARTED AT THE TIME OF OUR ARRIVAL.

# 4 MR. COCHRAN:

YOUR HONOR, THE REASON I WANTED TO APPROACH EVEN THOUGH THE COURT SUSTAINED THE OBJECTION, AT LUNCH TIME, HER LAWYER OR SOMEONE SAID THERE'S -- SHE HAS A PROBLEM WITH THE WORD "TESTIMONY" OR "TESTIMONIAL," AND I WANTED TO POINT THAT OUT TO THE COURT -- I FORGOT TO DO THAT BEFORE -- SO WE CAN FIND OUT WHETHER OR NOT WITH REGARD TO THE INTERPRETER, WHETHER THERE'S A MINOR -- HOW THEY'RE TRANSLATING "TESTIMONIAL."

# 5 THE COURT:

ALL RIGHT.

# 6 MR. DARDEN:

YOU KNOW, I THINK TO DO THAT WOULD SUGGEST TO THE WITNESS, YOU KNOW, WHAT THE WITNESS' ANSWERS ARE TO BE, OKAY. SHE'S TAKEN AN OATH AND PRESUMABLY SHE'S COMPETENT. IF THE DEFENSE HAS A PROBLEM WITH THAT WORD, HE CAN CLEAR IT UP ON REDIRECT. LET ME FINISH MY CROSS.

KEY QUOTE

# 7 MR. COCHRAN:

I WANT YOU TO FINISH IT. I'M SAYING THERE'S A PROBLEM WITH THE WORD "TESTIMONY" FROM THE STANDPOINT OF THE WITNESS ACCORDING TO HER LAWYER. I'M JUST TRYING TO GET THE COURT TO INQUIRE IN FAIRNESS TO THE WITNESS.

# 8 MR. DARDEN:

THE INTERPRETER'S JOB IS TO SIMPLY REPEAT THE OTHER LANGUAGE, THE WITNESS' TESTIMONY, CORRECT? I MEAN TO INTERPRET IT, AND THAT'S WHAT SHE DOES. IF THAT'S HER INTERPRETATION, THAT'S HER INTERPRETATION.

# 9 MR. COCHRAN:

WE HAVE HAD TWO OR THREE OTHER INTERPRETERS. THE COURT IS AWARE SOMETIMES BECAUSE OF THE DIFFERENT DIALECTS, THERE'S A PROBLEM. I WOULD ASK THE COURT TO JUST INQUIRE ABOUT THAT SO WE HAVE NO PROBLEM.

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

# 11 THE COURT:

MADAM INTERPRETER, WOULD YOU STEP OVER HERE, PLEASE?

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

# 13 MR. DARDEN:

I WOULD ASK THE COURT NOT TO ASK THE INTERPRETER TO ASK THE WITNESS TO CLARIFY.

# 14 THE COURT:

I'M NOT ASKING THAT, MR. DARDEN.

# 15 (THE INTERPRETERS ARE NOW PRESENT AT THE BENCH.)

# 16 THE INTERPRETER:

YES, YOUR HONOR.

# 17 THE COURT:

GOOD AFTERNOON.

# 18 THE INTERPRETER:

GOOD AFTERNOON, YOUR HONOR.

# 19 THE COURT:

CAN YOU TELL ME HOW IS THE WORD -- ENGLISH WORD "TESTIMONY" TRANSLATED INTO SPANISH?

# 20 THE INTERPRETER:

"TESTIMONIO" OR "ATESTIGUAR," EITHER ONE.

# 21 THE COURT:

AND WHAT IS THE SPANISH -- HOW WOULD YOU DESCRIBE "TESTIMONIAL" IN SPANISH AS IT RELATES TO COURT PROCEEDINGS, TESTIMONY SUCH AS THIS?

# 22 THE INTERPRETER:

"TESTIMONIAL" OR --

# 23 THE COURT:

YES. THE SPANISH WORD, DOES IT ALSO RELATE -- DOES IT RELATE TO DIRECTLY -- I MEAN IS IT A DIRECT TRANSLATION FOR WHAT WE HAVE HERE?

# 24 THE INTERPRETER:

YES. IT'S "RENDIR TESTIMONIO" OR "ATESTIGUAR." "ATESTIGUAR" IS "TO TESTIFY." IS THERE A SPECIFIC PROBLEM BECAUSE EVERYTHING IS -- YOU KNOW, IT SOUNDS LIKE AN ALL-ENCOMPASSING QUESTION AND I'M NOT REALLY SURE IF I ANSWERED IT.

# 25 THE COURT:

NO. I WAS JUST WONDERING WHAT THE WORD IN SPANISH WAS AND WHETHER OR NOT THERE NEEDED TO BE ANY OTHER EXPLANATION AS TO WHAT COURTROOM TESTIMONY IS IN ENGLISH WHEN IT'S TRANSLATED INTO SPANISH.

# 26 THE INTERPRETER:

"ATESTIGUAR." "TESTIMONIO," "ATESTIGUAR," IT'S THE SAME THING, YOUR HONOR.

# 27 THE COURT:

OKAY.

# 28 SECOND INTERPRETER:

PERHAPS IF THERE'S A DOUBT AS TO WHETHER SHE UNDERSTANDS, IF YOU ARE TALKING ABOUT COURT TESTIMONY, IT MAY BE ASKED AS TESTIMONY HERE IN COURT I SUPPOSE TO --

# 29 MR. DARDEN:

ON REDIRECT, RIGHT?

# 30 THE COURT:

NO. THAT'S MY PROVINCE. THANK YOU, LADIES.

KEY QUOTE

# 31 (THE INTERPRETERS RETURNED TO THE OPEN COURTROOM.)

# 32 THE COURT:

ALL RIGHT. EVERYBODY HAPPY? ALL RIGHT. THANK YOU.

Temperature

procedural

Key Quotes (4)

Johnnie Cochran

THERE'S A PROBLEM WITH THE WORD 'TESTIMONY' FROM THE STANDPOINT OF THE WITNESS ACCORDING TO HER LAWYER. I'M JUST TRYING TO GET THE COURT TO INQUIRE IN FAIRNESS TO THE WITNESS.

Cochran frames a procedural concern as a fairness issue for the witness, which is his rationale for the interruption.

The Interpreter

'ATESTIGUAR.' 'TESTIMONIO,' 'ATESTIGUAR,' IT'S THE SAME THING, YOUR HONOR.

The interpreter's conclusion resolves the issue — the Spanish translation is unambiguous.

Lance A. Ito

NO. THAT'S MY PROVINCE. THANK YOU, LADIES.

Ito firmly cuts off the second interpreter's suggestion, reasserting judicial control over how any clarification would be handled.

Christopher Darden

TO DO THAT WOULD SUGGEST TO THE WITNESS, YOU KNOW, WHAT THE WITNESS' ANSWERS ARE TO BE... LET ME FINISH MY CROSS.

Darden's core objection: mid-cross intervention by the court risks coaching the witness.

Notable Exchanges (2)

Christopher Darden•Johnnie Cochran

Darden argues any translation confusion is for the defense to address on redirect; Cochran insists the court should inquire in fairness to the witness.

strategic

Lance A. Ito•The Interpreter•Second Interpreter

Ito questions both interpreters at the bench about the Spanish equivalents of 'testimony' and 'testimonial,' concluding no further clarification is needed.

procedural

Light Moments (2)

Christopher Darden

Darden opens the sidebar by complaining that attorneys are having conversations before reaching the bench: 'CAN WE STOP HAVING CONVERSATIONS BEFORE WE GET HERE? IT WOULD BE NICE IF WE STARTED AT THE TIME OF OUR ARRIVAL.'

Lance A. Ito

Ito closes the sidebar with 'ALL RIGHT. EVERYBODY HAPPY? ALL RIGHT. THANK YOU.' — a breezy sign-off after a minor procedural detour.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 5099 • 32 utterances

Criminal Trial

Department 103