YES, YOUR HONOR. WITH RESPECT TO TODAY'S EVENTS AS WELL AS THE PREVIOUS EXAMINATIONS, THIS WITNESS HAS BECOME MORE AND MORE RELUCTANT. I WOULD LIKE TO POINT OUT TO THE COURT THE DISCREPANCIES IN THE WITNESS' TESTIMONY AND HIS DEMEANOR, WHICH DATES BACK TO AS EARLY AS JUNE THE 13TH AND FORWARD, CONTRASTING STATEMENTS HE GAVE TO MR. SHAPIRO ON JUNE THE 14TH, THE MANNER IN WHICH HE WAS VERY FORTHCOMING ABOUT THE DOMESTIC VIOLENCE SITUATION, WHICH I ALREADY POINTED OUT FOR THE JURY, AND THE MANNER IN WHICH HE TESTIFIED AT THE GRAND JURY SOME SIX DAYS LATER IN WHICH IN RESPONSE TO EQUALLY OPEN-ENDED QUESTIONS POSED BY MYSELF AND MR. SHAPIRO, HE INDICATED THERE WAS ONE ARGUMENT HE BARELY REMEMBERED, AND THAT WAS THE 911 TAPE THAT WE'VE HEARD IN THIS COURTROOM, WHICH CAN HARDLY BE CHARACTERIZED AS JUST AN ARGUMENT.
LET'S ASSUME I AGREE WITH YOU HE'S A HOSTILE WITNESS TO THE PROSECUTION. WHAT BENEFIT DO YOU EXPECT FROM THAT?
AND BEFORE WE DO THAT, MISS CLARK, BEFORE YOU ANNOUNCE THAT YOU ARE TAKING SOMEBODY AS A HOSTILE WITNESS, YOU NEED TO DO THAT AT SIDEBAR.
ON THAT ISSUE, WE WOULD AGAIN ASK FOR SANCTIONS AND ALSO FOR -- SANCTIONS FOR MISS CLARK'S CONDUCT WHEN I MENTION THESE THINGS WITH HER LAUGHING, ROLLING HER HEAD, ROLLING HER EYES IN TOTAL DISRESPECT OF YOUR HONOR AND THIS COURT.
I'M NOT DISRESPECTFUL OF THIS COURT IN THE VERY LEAST. I HIGHLY RESPECT THIS COURT. MR. SHAPIRO'S REQUEST FOR SANCTIONS IS LUDICROUS GIVEN THE CONDUCT OF DEFENSE THROUGHOUT THIS TRIAL, IMPROPER QUESTIONS THAT HAVE BEEN ASKED BY DEFENSE COUNSEL REPEATEDLY AFTER THE COURT SUSTAINED THE PEOPLE'S OBJECTIONS. AND TO HEAR MR. SHAPIRO'S LACK OF ELOQUENCE ON THE SUBJECT OF SANCTIONS IS PREPOSTEROUS.
BUT DO YOU AGREE REQUEST TO TAKE SOMEBODY AS A HOSTILE WITNESS SHOULD NOT BE ANNOUNCED TO THE JURY, BUT SHOULD BE ASKED AT SIDEBAR?
WELL, I DIDN'T KNOW THAT, YOUR HONOR, AND I DO APOLOGIZE. IN ALL SINCERITY, I APOLOGIZE. HOWEVER, THE HOSTILITY OF THIS WITNESS TO THE PROSECUTION IS I THINK NO SECRET TO ANYONE IN THIS COURTROOM. BUT I DO APOLOGIZE TO THE COURT. AND IN THE FUTURE, I WILL CERTAINLY DO THAT AT SIDEBAR. I DIDN'T KNOW. YOU KNOW SOMETHING? I'VE NEVER HAD TO DO THIS BEFORE.
NO. REQUEST -- THE REQUEST FOR LEAVE OF THE COURT TO TAKE SOMEBODY AS A HOSTILE WITNESS NEEDS TO BE DONE OUT OF THE PRESENCE OF THE JURY.
I APOLOGIZE TO THE COURT. IN THE FUTURE -- I HOPE THERE WILL NOT BE A FUTURE OCCURRENCE, BUT IF THERE IS, I WILL.
I'M SURE THERE WILL BE. SO I DO NEED TO TELL THE JURY IT'S NOT APPROPRIATE FOR YOU TO ASK FOR THAT IN FRONT OF THEM.
BECAUSE TO SUDDENLY ANNOUNCE THIS GUY IS A HOSTILE WITNESS, THAT'S FOR ME TO DECIDE, NOT FOR THEM TO DECIDE, NOT FOR YOU TO ANNOUNCE.
KEY QUOTEIT IS. BUT THE COURT WILL HAVE TO MAKE THAT RULING IN OPEN COURT IN FRONT OF THE JURY.
NO. I MAKE THE RULING HERE, THAT I AM GOING TO ALLOW YOU TO TAKE HIM AS A HOSTILE WITNESS, WHICH MERELY MEANS YOU GET WIDER LEEWAY IN ASKING HIM LEADING QUESTIONS. BUT THAT'S ABOUT ALL THE BENEFIT YOU GET FROM THAT.
WELL, I APOLOGIZE TO THE COURT. I DIDN'T KNOW I WAS -- I DID NOT KNOW THAT WAS INAPPROPRIATE. I WISH I HAD KNOWN THAT. I WOULDN'T HAVE DONE IT. I DIDN'T KNOW. I DIDN'T KNOW. I DON'T THINK THAT SANCTIONS ARE APPROPRIATE.
YES. AND YOU KNOW SOMETHING? I REALLY WANTED TO RESIST IT. I DIDN'T WANT TO GET THIS TO THIS POINT, YOUR HONOR. I WAS TOSSING IT AROUND WITH MR. DARDEN WHETHER I SHOULD OR NOT AND FOR A LONG TIME, AND I'M PUSHED TO IT.
YES. YOUR HONOR, WE WOULD CONCEDE THAT MR. KAELIN PRESENTS QUITE AN ENIGMA AS A WITNESS. HOWEVER, THERE IS NO SHOWING THAT HE IS HOSTILE TO EITHER SIDE OF THIS CASE. I THINK QUITE THE CONTRARY. I THINK HE IS TRYING TO ABSOLUTELY DO HIS BEST TO RELATE WHAT HE KNOWS. AND QUITE FRANKLY, IT IS NOT A TREMENDOUS AMOUNT THAT HE KNOWS, AND MOST OF THIS IS OVER SEMANTICS. "WHAT DO YOU MEAN BY THE WORD ANGRY? MILDLY ANGRY? SERIOUSLY ANGRY?" DEMEANOR IS VERY, VERY HARD TO RELATE TO, ESPECIALLY ON A QUESTION BY QUESTION BASIS AS IT WOULD BE IF ANYBODY WAS TRYING TO RELATE THE DEMEANOR OF THE THREE OF US AT COUNSEL -- AT THE SIDEBAR HERE. AND I THINK THAT THIS WITNESS, IF ASKED APPROPRIATE QUESTIONS, WILL GIVE RESPONSES THAT WILL BE APPROPRIATE SO THE JURY CAN FIND THE TRUTH. BUT THE COURT HAS ALREADY GIVEN THIS -- GIVEN THE PROSECUTION GREAT LATITUDE IN LEADING QUESTIONS.
KEY QUOTEALL RIGHT. ALL RIGHT. I AM GOING TO ALLOW THE PROSECUTION TO TAKE THE WITNESS AS A PROSECUTION WITNESS BECAUSE IT APPEARS TO ME THERE'S SOME CONFLICT HERE IN HIS --
I'M GOING TO ALLOW THEM TO TAKE HIM AS A HOSTILE WITNESS. HOWEVER, I'M GOING TO TELL THE JURY THAT THE DETERMINATION IS FOR ME TO MAKE OUT OF THEIR PRESENCE AND THEY ARE TO DISREGARD THE COMMENT BY COUNSEL. AND LET ME SEE. WHAT ELSE? HOW MUCH MORE DO YOU HAVE WITH THIS GUY?
I MAY VERY WELL GO INTO NOON. UNFORTUNATELY, BECAUSE OF THE BREAK, I WOULD HAVE -- WE WOULD HAVE BEEN DONE WITH HIM TODAY IF WE DID NOT HAVE THAT BOMB SCARE STUFF.
HOW MUCH MORE? YOU'VE ESTABLISHED, YOU KNOW, THAT HE DID AT ONE POINT IN TIME SAY THE DEFENDANT WAS ANGRY THAT AFTERNOON. WHAT MORE DO WE HAVE?
I CAN'T REMEMBER -- I WANT TO DISCUSS WITH HIM THE EVENT THAT TRANSPIRED AFTER THE LIMO DRIVER GOT THERE. JUST A COUPLE AREAS, YOUR HONOR. I CAN'T REMEMBER RIGHT NOW.
LET'S SEE HOW FAR WE GET. LET ME ASK THE BAILIFF WHAT ABSOLUTE TIME THAT WE HAVE TO GET OUT OF HERE FOR THE JUROR.
THIS WITNESS HAS BECOME MORE AND MORE RELUCTANT. I WOULD LIKE TO POINT OUT TO THE COURT THE DISCREPANCIES IN THE WITNESS' TESTIMONY AND HIS DEMEANOR, WHICH DATES BACK TO AS EARLY AS JUNE THE 13TH AND FORWARD
TO SUDDENLY ANNOUNCE THIS GUY IS A HOSTILE WITNESS, THAT'S FOR ME TO DECIDE, NOT FOR THEM TO DECIDE, NOT FOR YOU TO ANNOUNCE.
I DIDN'T KNOW. I DIDN'T KNOW. I DON'T THINK THAT SANCTIONS ARE APPROPRIATE.
WE WOULD CONCEDE THAT MR. KAELIN PRESENTS QUITE AN ENIGMA AS A WITNESS. HOWEVER, THERE IS NO SHOWING THAT HE IS HOSTILE TO EITHER SIDE OF THIS CASE.
MR. COCHRAN CONTINUES TO COACH ME ON THOSE.