Sidebar: prior inconsistent statement

📄 Sidebar: prior inconsistent statement — Wednesday, March 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\22\SIDEBAR-PRIOR-INCONSISTENT-STA.DOC

TRIAL

▲ Day 43 of 167

◀ Direct examination of Kato Kaelin (afternoon, part 3) Direct examination of Kato Kaelin (afternoon, part 4) ▶

Date: Wednesday, March 22, 1995 • Utterances: 7

A brief sidebar in which Judge Ito asked Marcia Clark to explain where her questioning was headed. Clark indicated she was laying foundation for a prior inconsistent statement, then thought better of it and withdrew, saying she would return to it later.

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

# 2 THE COURT:

WHERE ARE YOU GOING WITH THIS?

# 3 MS. CLARK:

PRIOR INCONSISTENT STATEMENT.

# 4 THE COURT:

OKAY. FOR -- WHAT'S YOUR OFFER AT THIS POINT? WHAT'S THE INCONSISTENT STATEMENT?

# 5 MS. CLARK:

ACTUALLY I'LL COME BACK TO IT IS WHAT I WILL DO, OKAY. I WAS GOING TO LAY THE FOUNDATION. I'LL JUST LAY IT LATER. WITHDRAWN.

KEY QUOTE

# 6 THE COURT:

OKAY.

# 7 MS. CLARK:

THANKS.

Temperature

routine

Key Quotes (1)

Marcia Clark

ACTUALLY I'LL COME BACK TO IT IS WHAT I WILL DO, OKAY. I WAS GOING TO LAY THE FOUNDATION. I'LL JUST LAY IT LATER. WITHDRAWN.

Clark abandons her line of questioning mid-foundation, suggesting she was not yet ready to fully execute the impeachment or chose a different tactical moment.

Notable Exchanges (1)

Lance A. Ito•Marcia Clark

Ito asked Clark to explain her line of questioning; Clark disclosed she was pursuing a prior inconsistent statement but then withdrew to lay the foundation at a later point.

procedural

Credibility Attacks (1)

⚔ unknown witness

prior inconsistent statement

Clark signaled intent to impeach via prior inconsistent statement but withdrew before completing the foundation, deferring to a later point in examination.

Objections

None recorded

Proceeding 5382 • 7 utterances

Criminal Trial

Department 103