Sidebar: defendant's statement

📄 Sidebar: defendant's statement — Tuesday, March 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\21\SIDEBAR-DEFENDANT-S-STATEMENT.DOC

TRIAL

▲ Day 42 of 167

◀ Cross-examination of Philip Vannatter (part 1) Cross-examination of Philip Vannatter (part 2) ▶

Date: Tuesday, March 21, 1995 • Utterances: 11

A sidebar was called to address Shapiro's attempt to elicit a portion of OJ Simpson's voluntary statement to police through Detective Vannatter. Shapiro wanted to get before the jury Simpson's offer to take a blood test, framing it as evidence of cooperation. Darden objected on hearsay grounds, and Judge Ito sustained the objection.

# 1 THE COURT:

ALL RIGHT. WITH THE COURT REPORTER, PLEASE.

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

# 3 THE COURT:

WE ARE OVER AT THE SIDE BAR. THE FACT THAT MR. SIMPSON WAS COOPERATIVE AND GAVE CERTAIN -- CERTAIN PHYSICAL EVIDENCE ISN'T A STATEMENT FOR TESTIMONIAL PURPOSES. WHAT IS THE NEXT QUESTION AND ANSWER?

# 4 MR. DARDEN:

MR. SHAPIRO IS ABOUT TO READ TO THE JURY FROM THE TRANSCRIPT OF THE DEFENDANT'S STATEMENT.

# 5 MR. SHAPIRO:

I'M NOT GOING TO TELL HIM THAT. THAT IS NOT WHAT I'M GOING TO DO AT ALL.

# 6 THE COURT:

WHAT ARE YOU GOING TO DO?

# 7 MR. SHAPIRO:

I'M GOING TO ASK DETECTIVE VANNATTER ISN'T IT TRUE THAT O.J. SIMPSON SAID, WELL, TAKE MY BLOOD TEST AND WE WILL -- WELL, TAKE MY BLOOD --

KEY QUOTE

# 8 MR. DARDEN:

KEEP YOUR VOICE DOWN.

# 9 MR. SHAPIRO:

-- TEST. I'M SORRY. WELL, TAKE MY BLOOD TEST AND WE WILL SEE.

# 10 MR. DARDEN:

IT IS THE DEFENDANT'S STATEMENT. IT IS HEARSAY. I HAVE BEEN OBJECTING.

KEY QUOTE

# 11 THE COURT:

ALL RIGHT. THE OBJECTION WILL BE SUSTAINED.

Temperature

procedural

Key Quotes (3)

Robert Shapiro

I'M GOING TO ASK DETECTIVE VANNATTER ISN'T IT TRUE THAT O.J. SIMPSON SAID, WELL, TAKE MY BLOOD TEST AND WE WILL SEE.

The specific statement Shapiro sought to introduce — Simpson voluntarily offering a blood test — was strategically favorable to the defense as evidence of cooperation and lack of consciousness of guilt.

Christopher Darden

IT IS THE DEFENDANT'S STATEMENT. IT IS HEARSAY. I HAVE BEEN OBJECTING.

Darden frames the legal basis for exclusion and signals this is a recurring dispute, not an isolated objection.

Lance A. Ito

THE FACT THAT MR. SIMPSON WAS COOPERATIVE AND GAVE CERTAIN PHYSICAL EVIDENCE ISN'T A STATEMENT FOR TESTIMONIAL PURPOSES.

The judge distinguishes between physical cooperation (admissible) and verbal statements (hearsay), drawing the line that sinks Shapiro's question.

Evidence (1)

Informal

Transcript of OJ Simpson's voluntary statement to police, specifically his offer to submit to a blood test

disputed — Shapiro sought to read from or elicit content; objection sustained

Notable Exchanges (2)

Christopher Darden•Robert Shapiro

Darden tells Shapiro to keep his voice down mid-sentence while Shapiro is reciting the Simpson quote he intends to use, suggesting Shapiro was speaking loud enough to be heard by the jury.

tense

Lance A. Ito•Robert Shapiro

Ito catches Shapiro's actual intent differing from what Darden characterized — Shapiro clarifies he is asking Vannatter a yes/no question, not reading the transcript directly — but the objection is still sustained.

strategic

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 5347 • 11 utterances

Criminal Trial

Department 103