A brief sidebar about how Cochran can properly question a witness about a golf bag. Cochran says 25 bags were made at that time and wants to establish the bag's custom or special nature through Steve Owens. Judge Ito says he is sustaining an objection to the form of the question but allows Cochran to ask whether the witness knows anything about custom-made golf bags.
# 1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:) # 2 THE COURT: ALL RIGHT. WE ARE OVER AT THE SIDE BAR. I TAKE IT THIS IS THE ONLY BAG THEY MAKE.
# 3 MR. COCHRAN: THEY ONLY MADE 25. THEY ARE NOT FOR SALE. THERE IS A GUY NAMED STEVE OWENS WILL BE ADDED TO OUR WITNESS LIST, SAYS THAT THAT IS THE ONLY ONE THAT HE HAD. THEY MADE 25 AT THAT TIME. WE TALKED TO HIM AT LUNCHTIME. SOMEONE ASKED HIM A QUESTION WITH REGARD TO THE SPECIAL NATURE OF THIS BAG.
# 4 MR. DARDEN: THAT'S FINE. LET STEVE OWENS COME AND TESTIFY.
# 5 THE COURT: I'M GOING TO SUSTAIN THE OBJECTION.
# 6 MR. COCHRAN: I WANT TO THINK ABOUT HOW I MIGHT REPHRASE IT.
# 7 THE COURT: I DON'T THINK YOU CAN DO IT THAT WAY.
# 10 MR. COCHRAN: YOU ARE CONVINCED OF THAT.
# 11 THE COURT: I AM CONVINCED OF THAT, BUT I AM AWARE IT IS CUSTOM MADE.
# 13 THE COURT: I AM AWARE THAT IT IS CUSTOM MADE.
# 14 MR. COCHRAN: I CAN ASK HIM THAT? OKAY. ALL RIGHT.
# 16 THE COURT: I'M SAYING YOU CAN'T --
# 17 MR. COCHRAN: I CAN ASK HIM WHETHER OR NOT THIS APPEARS TO BE A CUSTOM MADE BAG?
# 19 MR. COCHRAN: I CAN ASK HIM THAT QUESTION?
# 20 MR. DARDEN: HOW CAN HE ANSWER THAT?
# 21 MR. COCHRAN: I CAN ASK HIM THAT.
# 22 THE COURT: HE DOESN'T KNOW ANYTHING ABOUT GOLF BAGS.
# 23 MR. COCHRAN: YOU DON'T KNOW THAT. HE SAID HE HAD SEEN A LOGO LIKE THAT BEFORE, JUDGE. THAT IS WHAT I'M SAYING.
# 24 MR. DARDEN: LET'S LET HIM CALL THE WITNESS.
# 25 MR. COCHRAN: I'M GOING TO CALL THE WITNESS, DON'T WORRY ABOUT THAT. THIS ISN'T YOUR WITNESS ANYWAY.
# 26 MR. DARDEN: I'M HERE ARGUING THE ISSUE.
# 27 THE COURT: I'M SUSTAINING THE OBJECTION TO THE FORM THE QUESTION.
# 28 MR. COCHRAN: SURE. I UNDERSTAND.
# 29 THE COURT: YOU CAN ASK HIM IF HE KNOWS ANYTHING ABOUT CUSTOM MADE GOLF BAGS. IF HE SAYS YES OR NO, WHAT IT SAYS.
KEY QUOTE # 30 MR. COCHRAN: THANK YOU, JUDGE. THANK YOU.
# 31 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)