Administrative matters

📄 Administrative matters — Monday, March 27, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\27\ADMINISTRATIVE-MATTERS.DOC

TRIAL

▲ Day 45 of 167

◀ Recess In chambers: witness examination procedures ▶

Date: Monday, March 27, 1995 • Utterances: 31

Court goes briefly off-record to address Clark's argument to pursue a line of questioning about OJ's relationship with his children (countering Shapiro's portrayal of him as a devoted father), interrupted mid-discussion by a deputy needing lawyers to identify an unattended briefcase. The bulk of the exchange covers scheduling: Ito announces the jurors want to move faster and lays out revised court hours, prompting light back-and-forth about starting earlier in the day.

# 1 THE COURT:

OKAY. ON THE RECORD THEN, MISS CLARK, YOU WANTED TO ARGUE YOUR OBJECTION -- COURT SUSTAINED THE OBJECTION TO THE LAST QUESTION AND ANSWER.

# 2 MS. CLARK:

YES. I HAVE MY LAW CLERKS FLAGGING IT RIGHT NOW. MR. SHAPIRO WENT IN SOME LENGTH TO DESCRIBE THE RELATIONSHIP OF THE DEFENDANT TO HIS CHILDREN AND HIS CONCERN FOR THEM, ESPECIALLY WITH REGARD TO THE RECITAL AND I THINK THAT AN APPROPRIATE RESPONSE IS TO INQUIRE INTO THIS WITNESS' KNOWLEDGE OF THE NATURE OF HIS RELATIONSHIP WITH HIS CHILDREN.

# 3 THE COURT:

WHAT DO YOU ANTICIPATE HE IS GOING TO SAY?

# 4 MS. CLARK:

I ANTICIPATE THAT HE WILL SAY THAT THERE ARE MANY OCCASIONS ON WHICH THE DEFENDANT FAILED TO SHOW UP FOR SCHEDULED VISITS WITH THE CHILDREN AND HE IS IN A POSITION TO KNOW.

KEY QUOTE

# 5 DEPUTY MAGNERA:

JUDGE, WE NEED SOMEONE TO COME I.D. A BRIEFCASE UNKNOWN ORIGIN.

# 6 MR. COCHRAN:

THAT GREENISH BROWN ONE? WHY DON'T YOU GO LOOK AT IT.

# 7 MR. SHAPIRO:

NOT MINE.

# 8 THE COURT:

ALL RIGHT. LET'S SEND ALL THE LAWYERS TO GO OUT AND LOOK.

# 9 (BRIEF PAUSE.)

# 10 THE COURT:

ALL RIGHT. I WAS JUST TELLING MARCIA THAT ON -- I MEAN CHRIS -- THAT ON ... WE WILL TAKE THAT UP LATER.

# 11 MR. COCHRAN:

SAY AGAIN.

# 12 THE COURT:

ON ... I WANT TO GET AS MUCH TIME IN FRONT OF THE JURY AS POSSIBLE THIS MORNING, SINCE WE ARE GOING TO HAVE TO CUT LOOSE EARLY AND NOW WE HAVE BEEN DISTRACTED AGAIN.

# 13 MR. COCHRAN:

CAN YOU TELL US, JUDGE, ABOUT DO WE QUERY THE JURORS EN MASSE REGARDING THEIR DESIRES AND HOW THEY FEEL ABOUT TIME AND THAT SORT OF THING OR DID YOU JUST MAKE A DECISION?

# 14 THE COURT:

NO. THEY WANT TO GO FASTER THAN WE ARE GOING.

# 15 MR. COCHRAN:

THE COURT WILL DO IT BASED UPON THAT? TALK TO US NOW OR NOT?

# 16 THE COURT:

BASED UPON THAT WE ARE GOING TO GO BACK TO NORMAL HOURS EXCEPT FOR FRIDAY AND THEN ON WEDNESDAY WE ARE GOING TO QUIT AT FOUR O'CLOCK AND THEN THIS THURSDAY, OUT OF ORDER, WE ARE GOING TO QUIT AT 3:00, BUT THEN WE ARE GOING BACK TO THE STANDARD SCHEDULE.

# 17 MR. COCHRAN:

9:00 TO --

# 18 THE COURT:

9:00 TO 4:30.

# 19 MR. COCHRAN:

4:00 ON WEDNESDAY, HALF DAY ON FRIDAYS?

# 20 THE COURT:

THIS THURSDAY WE ARE BREAKING AT 3:00 FOR ANOTHER COURT HEARING.

# 21 MR. COCHRAN:

THEN HALF DAY ON FRIDAYS?

# 22 THE COURT:

YEAH.

# 23 MR. SHAPIRO:

THIS WOULD HAVE NOTHING TO DO WITH THE FACT THAT WE ARE GOING INTO THE SCIENTIFIC PHASE, WOULD IT?

KEY QUOTE

# 24 MR. COCHRAN:

9:00 TO 6:00 ACTUALLY.

# 25 THE COURT:

ACTUALLY, IF IT WERE UP TO ME, WE WOULD START AT 8:00 IN THE MORNING.

# 26 MR. COCHRAN:

THEY MAY WANT TO GO TO -- BOB BLASIER HERE? THEY MAY WANT TO GO LONGER, JUDGE. TALK TO THEM.

# 27 THE COURT:

WELL, THE ONLY PROBLEM IS WHEN O.J. COMES INTO THE BUILDING EVERYTHING STOPS. THAT IS WHY WE START AT NINE O'CLOCK, BECAUSE EVERYBODY ELSE WOULD NOT BE ABLE TO GET THEIR BODIES AND THEIR CUSTODIES HERE. WE COULD START AT 8:00 BUT THAT ASSUMES THAT MARCIA DOESN'T WANT TO BE HERE.

KEY QUOTE

# 28 MR. COCHRAN:

MARCIA SAID WE SHOULD TRY TO START AT 8:30.

# 29 MS. CLARK:

BLAMING ME.

# 30 MR. COCHRAN:

8:30.

# 31 MR. SHAPIRO:

WHY DON'T WE EXPLORE THAT. WE MAY BE IN FAVOR OF THAT.

Temperature

light

Key Quotes (4)

Lance A. Ito

WELL, THE ONLY PROBLEM IS WHEN O.J. COMES INTO THE BUILDING EVERYTHING STOPS.

Candid acknowledgment of the logistical circus surrounding Simpson's daily courthouse arrival, explaining why 9am start is a floor.

Marcia Clark

BLAMING ME.

Dry, two-word retort after Cochran pins the 8:30 start proposal on her — a rare moment of levity from Clark.

Robert Shapiro

THIS WOULD HAVE NOTHING TO DO WITH THE FACT THAT WE ARE GOING INTO THE SCIENTIFIC PHASE, WOULD IT?

Sardonic jab implying defense suspects the accelerated schedule is timed to rush through DNA/forensic testimony.

Marcia Clark

I ANTICIPATE THAT HE WILL SAY THAT THERE ARE MANY OCCASIONS ON WHICH THE DEFENDANT FAILED TO SHOW UP FOR SCHEDULED VISITS WITH THE CHILDREN AND HE IS IN A POSITION TO KNOW.

Clark's strategic goal: undercut the 'devoted father' narrative Shapiro built during direct.

Notable Exchanges (3)

Deputy Magnera•Johnnie Cochran•Robert Shapiro•Lance A. Ito

A deputy interrupts the legal argument to ask someone to identify a mystery briefcase of 'unknown origin.' Cochran points at it, Shapiro disclaims it, and Ito sends all the lawyers out to look.

absurd/light

Lance A. Ito•Johnnie Cochran

Cochran presses Ito on whether jurors were consulted about the schedule or if the judge decided unilaterally. Ito confirms jurors want to go faster and announces revised hours: 9–4:30 standard, 4pm Wednesday, 3pm Thursday, half-days Friday.

procedural

Lance A. Ito•Marcia Clark

Ito accidentally calls Chris Darden 'Marcia' mid-sentence before catching himself — a small slip that goes unremarked.

procedural

Light Moments (3)

Deputy Magnera

Court grinds to a halt so lawyers can go identify an unattended briefcase of unknown origin.

Marcia Clark

Ito floats starting at 8am; Cochran attributes the 8:30 compromise to Clark; Clark responds only: 'BLAMING ME.'

Lance A. Ito

Ito: 'THAT ASSUMES THAT MARCIA DOESN'T WANT TO BE HERE' — joking that an 8am start would suit everyone except Clark.

Credibility Attacks (1)

⚔ OJ Simpson (as subject, not witness)

character/conduct evidence

Clark seeks to introduce testimony that Simpson repeatedly failed to appear for scheduled visits with his children, directly countering Shapiro's portrayal of him as a devoted, present father.

Witness Demeanor

(BRIEF PAUSE.) — while lawyers leave to identify the briefcase

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 5421 • 31 utterances

Criminal Trial

Department 103