📄 Sidebar (2) — Wednesday, March 29, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\29\SIDEBAR-2-.DOC
TRIAL
▲ Day 47 of 167

Sidebar (2)

Date: Wednesday, March 29, 1995 • Utterances: 17
A brief sidebar dispute over whether Marcia Clark had already asked a question about OJ Simpson lifting a golf bag during previous rounds of examination. Cochran argued Clark had already covered the lifting question; Ito checked the record and overruled the objection, allowing Clark to proceed.
1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)
2 THE COURT:

SIDE BAR.

3 MS. CLARK:

COUNSEL BROUGHT IT UP WHEN HE ASKED, WELL, DID HE SHARE WITH YOU HIS PAINS OR ACHES OR ARTHRITIC HISTORIES, HIS RHEUMATOID ARTHRITIS, AND THAT IS OBVIOUSLY WHAT WE ARE TALKING ABOUT, IS HIS ABILITY TO LIFT THE GOLF BAG.

4 THE COURT:

DIDN'T YOU ALREADY ASK THAT QUESTION ON OUR LAST ROUND?

KEY QUOTE
5 MS. CLARK:

NO. I ASKED WHETHER HE COMPLAINED OF ANY PAIN TO HIS BACK OR HIS SHOULDERS AND THEN COUNSEL SAID, BASICALLY, YOU WOULDN'T EXPECT TO HIM COMPLAIN TO YOU, WOULD YOU? HE DOESN'T KNOW YOU. THAT WAS THE ESSENCE OF HIS QUESTIONING. AND THEN IN RESPONSE, OKAY, WAS THERE ANYTHING ABOUT THE WAY HE MOVED OR LIFTED THAT GOLF BAG THAT SHOWED THAT HE WAS HAVING SOME DIFFICULTY DOING SO SOMETHING THAT HE COULD OBSERVE? AND IT IS A PROPER QUESTION ADDRESSING WHAT WAS DONE ON RE-RE-RECROSS.

6 MR. COCHRAN:

MAY I BE HEARD, YOUR HONOR?

7 THE COURT:

YES.

8 MR. COCHRAN:

WHAT HAPPENED WAS I ASKED ONLY THE QUESTION ABOUT DISCUSSING RHEUMATOID ARTHRITIS OR WHATEVER AND NEVER WENT INTO LIFTING THE BAG. SHE ASKED THAT SAME QUESTION. SHE WENT OVER AND LIFTED THE BAG AND SAID, "WHEN HE LIFTED THIS BAG DID HE SAY ANYTHING," AND I DID NOT GO INTO THAT.

9 THE COURT:

SHE DIDN'T ASK THAT SPECIFIC QUESTION.

10 MR. COCHRAN:

SHE DID ASK THE QUESTION. LOOK AT THE RECORD.

11 THE COURT:

NO, NO.

12 MR. COCHRAN:

SHE ASKED THE QUESTION ABOUT LIFTING THE BAG AND WHETHER HE COULD LIFT THE BAG.

KEY QUOTE
13 THE COURT:

I JUST WENT BACK AND CHECKED.

14 MR. COCHRAN:

SHE ASKED THE QUESTION ABOUT LIFTING THE BAG.

KEY QUOTE
15 MS. CLARK:

THAT IS NOT THE QUESTION I ASKED.

16 THE COURT:

NOT AT THIS POINT. THE OBJECTION IS OVERRULED.

17 MS. CLARK:

THANK YOU. BRIEFLY.

Temperature

procedural

Key Quotes (3)

Marcia Clark
IT IS A PROPER QUESTION ADDRESSING WHAT WAS DONE ON RE-RE-RECROSS.
Reveals how many rounds of examination this witness had undergone — re-re-recross indicates an unusually extended examination cycle.
Johnnie Cochran
SHE ASKED THE QUESTION ABOUT LIFTING THE BAG AND WHETHER HE COULD LIFT THE BAG.
Cochran's insistence on the record, which Ito directly contradicted after reviewing it.
Lance A. Ito
DIDN'T YOU ALREADY ASK THAT QUESTION ON OUR LAST ROUND?
Even the judge initially thought the question had been asked, suggesting repetition was a real concern.

Evidence (1)

Informal
Golf bag allegedly lifted by OJ Simpson, relevant to his physical capacity given claimed rheumatoid arthritis
discussed

Notable Exchanges (1)

Johnnie CochranLance A. Ito
Cochran insisted Clark had asked about lifting the bag; Ito said he checked the record and disagreed, overruling the objection.
contentious but brief

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 5484 • 17 utterances
Criminal Trial
Department 103
⚖️ Start
📂 MAR 29, 1995 📄 Sidebar (2)
MAR 29, 1995 KRT DvH TD