Sidebar: evidence presentation

📄 Sidebar: evidence presentation — Wednesday, March 29, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\29\SIDEBAR-EVIDENCE-PRESENTATION.DOC

TRIAL

▲ Day 47 of 167

◀ Cross-examination of Allan Park (part 1) Cross-examination of Allan Park (part 2) ▶

Date: Wednesday, March 29, 1995 • Utterances: 62

The defense sought to show witness Allan Park (the limo driver) OJ's Louis Vuitton bag and golf bag for identification, but the prosecution objected that the bags were now empty and thus in a different condition than when Park loaded them. Darden demanded chain-of-custody information about who removed the contents, implicating Kardashian or Cochran's agents. Judge Ito sustained a foundational objection and ruled Park could be asked about the bags' apparent condition at the time — whether the Louis Vuitton appeared full and the golf bag appeared to contain clubs.

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

# 2 MS. CLARK:

WE GET HIT WITH THESE THINGS AT THE LAST MINUTE.

# 3 THE COURT:

WE ARE AT THE SIDE BAR. MISS CLARK.

# 4 MS. CLARK:

EXCUSE ME, YOUR HONOR. NO. 1 THING, THESE BAGS ARE NOT IN THE CONDITION THEY WERE IN WHEN THIS WITNESS SAW THEM. THEY ARE EMPTY NOW, THEY WERE FULL THEN, SO THEY ARE NOT THE SAME.

# 5 THE COURT:

WAIT A MINUTE. WE ARE TALKING ABOUT THE GOLF CLUBS AND THE LOUIS VITTON.

# 6 MS. CLARK:

THE LOUIS VITTON BAG IS EMPTY, TOO.

# 7 MR. COCHRAN:

MAY I HAVE JUST ONE SECOND, PLEASE?

# 8 MS. CLARK:

SURE.

# 9 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 10 MR. COCHRAN:

THANK YOU, YOUR HONOR.

# 11 MS. CLARK:

YOU KNOW WHAT, CAN I LET MR. DARDEN HANDLE THIS?

# 12 MR. COCHRAN:

ONE-LAWYER RULE.

# 13 MS. CLARK:

I'M JUST TOO TIRED.

# 14 THE COURT:

MISS CLARK.

# 15 MR. DARDEN:

WE HAVE A COUPLE OF QUESTIONS. FIRST, SO THAT THE JURY ISN'T MISLED, WE WOULD ASK THAT THERE BE SOME INFORMATION GIVEN TO THE JURY REGARDING THE RECOVERY --

# 16 THE COURT:

OKAY.

# 17 MR. DARDEN:

-- OF THE BAG AND THE CIRCUMSTANCES IN WHICH IT WAS RECOVERED. SECONDLY, I THINK WE ALL AGREE THAT THE BAG CONTAINED SOME ITEMS OF SOME NATURE.

# 18 MR. COCHRAN:

WHICH BAG ARE WE TALKING ABOUT?

# 19 MR. DARDEN:

LOUIS VITTON.

# 20 THE COURT:

WHY DON'T YOU JUST ASK A FEW MORE QUESTIONS.

# 21 MR. COCHRAN:

IN FACT, THAT IS WHAT THAT WAS ABOUT.

# 22 MR. DARDEN:

LET ME FINISH. SO THERE WERE OTHER ITEMS INSIDE THE BAG. OKAY. THE BAG IS NOT NOW IN THE CONDITION IT WAS IN APPARENTLY WHEN IT RETURNED FROM CHICAGO, SO SOMEONE HAS REMOVED THE ITEMS FROM THE BAG. AND IF IT IS MR. KARDASHIAN OR HIS AGENT OR MR. COCHRAN OR HIS AGENTS, THEY HAVE A DUTY UNDER THE CASE LAW, I BELIEVE, TO INFORM THE COURT AND US AS TO THE CONDITION OF THE BAG WHEN IT WAS RECEIVED, AS WELL AS THE CONTENTS. IF IT HAS BEEN ALTERED IN ANY WAY, WE HAVE A RIGHT TO KNOW HOW.

# 23 MR. COCHRAN:

LET ME JUST SAY THIS: THEY ARE MIXING APPLES AND ORANGES FROM THE STANDPOINT --

# 24 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 25 MR. COCHRAN:

I THINK, FIRST OF ALL, IF I CAN RESPOND, FIRST THEY ARE MIXING AND APPLES AND ORANGES. I'M ASKING THIS WITNESS TO IDENTIFY THE BAG. I WILL BE MORE THAN HAPPY TO TALK. I WASN'T THERE, JUDGE, ON JUNE 13TH AND I WASN'T THERE. WITH REGARD TO THE BAG, THE COURT KNOWS THE HISTORY OF IT, AND CHRIS -- MR. DARDEN, WE WILL ABSOLUTELY COMPORT WITH THAT ANYTIME THE COURT WANTS TO. IT IS CHAIN OF CUSTODY. BUT THAT IS NOT THE ISSUE. I'M TRYING TO SEARCH FOR THE TRUTH. I'M TRYING TO ASK THIS MAN -- HE WAS OUT THERE -- WHETHER OR NOT HE CAN IDENTIFY THIS BAG. I'M WILLING TO ASK WHAT THE CONDITION OF THE BAGS WERE BEFORE I PRESUME AT THAT POINT. IF THEY ARE NOT FULL --

# 26 MR. DARDEN:

JOHNNIE, JOHNNIE, WE UNDERSTAND THAT AND WE ARE NOT STANDING HERE RIGHT NOW TRYING TO STOP FROM YOU SHOWING THE BAGS TO THIS WITNESS; HOWEVER, THERE IS ADDITIONAL INFORMATION WE HAVE A RIGHT TO HAVE AND WE WOULD LIKE TO HAVE IT IMMEDIATELY SO THAT WE CAN PREPARE TO DEAL WITH THE ISSUE.

# 27 THE COURT:

ALL RIGHT. THEN AT THIS POINT I'M GOING TO SUSTAIN A FOUNDATIONAL OBJECTION SIMPLY TO THE POINT THAT WHEN MR. PARK SAW THE LOUIS VITTON BAG IT WAS FULL. IN OTHER WORDS, IT APPEARED TO HAVE CLOTHING IN IT.

# 28 MR. COCHRAN:

I DON'T KNOW IF IT WAS FULL, BUT I WILL ASK THE QUESTION.

# 29 THE COURT:

AND THEN SECONDLY, THAT WHAT APPEARED TO BE A GOLF BAG APPEARED -- WHEN HE PUT IT IN THE LIMOUSINE, APPEARED TO HAVE A SET OF GOLF CLUBS IN IT, APPEARED TO BE A NORMAL GOLF BAG WITH GOLF CLUBS, ET CETERA.

# 30 MR. COCHRAN:

THAT IS ALL I'M SAYING.

# 31 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 32 MR. COCHRAN:

WE DON'T WANT THE JURY INFORMED OF ANYTHING.

# 33 THE COURT:

AND JUDGE WONG WILL BE AVAILABLE THIS AFTERNOON AT 1:30.

# 34 MR. COCHRAN:

JUDGE, CAN I ASK ONE OTHER THING?

# 35 MS. CLARK:

JUDGE, WITH RESPECT TO THE --

# 36 MR. COCHRAN:

THERE IS TWO OF YOU.

# 37 MS. CLARK:

HE IS GOING TO DO IT. HE IS GOING TO DO IT.

# 38 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 39 MR. DARDEN:

WOULD THE COURT BE INCLINED TO TELL THE JURY THE CIRCUMSTANCES IN WHICH THE BAG WAS RECOVERED PRIOR TO SHOWING IT TO THE WITNESS?

# 40 THE COURT:

NO, BUT WE WILL PUT THAT -- THE ONLY REASON I'M NOT DOING THAT, JUDGE WONG IS NOT AVAILABLE RIGHT NOW. HE WILL BE AVAILABLE AT 1:30. WE WILL PUT HIM ON.

# 41 MR. DARDEN:

NEXT ISSUE. MR. KARDASHIAN, WILL HE BE AVAILABLE THIS AFTERNOON?

# 42 THE COURT:

YEAH.

# 43 MR. COCHRAN:

THEY ARE COMING BACK, I PRESUME.

# 44 MR. DARDEN:

ALL RIGHT.

# 45 THE COURT:

I'M GOING TO MAKE JUDGE WONG AVAILABLE TO YOU AT 1:30 TO DISCUSS ANYTHING YOU WANT TO ABOUT A SPECIAL MASTER ACTIVITY AND THEN I WILL BRING THE JURY BACK AT TWO O'CLOCK.

# 46 MR. COCHRAN:

JUDGE, MAY I ASK ONE OTHER THING?

# 47 MS. CLARK:

THE ONLY THING I'M CONCERNED ABOUT IS THAT THE JURY REALIZES WE JUST DON'T GO IN THERE WITH A SEARCH WARRANT AND NOT FIND THESE THINGS. THEY WEREN'T THERE AND THE JURY IS NOW OF THE IMPRESSION THAT THEY WERE AT HIS HOUSE ALL ALONG AND WE DIDN'T BRING THEM.

# 48 MR. COCHRAN:

I'M GOING TO ASK ABOUT WHERE IT WAS RECOVERED. SOME OF THEM WERE THERE. I SAW THAT BAG WHEN WE WENT OUT ON THE JURY VIEW AND I'M SURE SOME OF THEM SAW IT, SO THAT IS NOT GOING TO FLY.

# 49 THE COURT:

IT WAS IN THE CLOSET.

# 50 MR. COCHRAN:

IT WAS IN THE CLOSET, THE LOUIS VITTON BAG.

# 51 MR. DARDEN:

THAT IS NOT WHAT WE ARE TALKING ABOUT. WE ARE TALKING ABOUT JUNE 13.

# 52 MS. CLARK:

RIGHT.

# 53 MR. DARDEN:

THAT IS NOT THE BAG ANYWAY WE ARE CONCERNED ABOUT. WE DON'T CARE ABOUT THE LOUIS VITTON BAG.

# 54 THE COURT:

THEN LET'S STOP FIGHTING ABOUT IT.

# 55 MR. COCHRAN:

LET ME ASK YOU THIS: TALK ABOUT A FOUNDATIONAL ISSUE, JUST AS WE ARE TALKING ABOUT CLOTHES AND WHAT THE ISSUE WAS, IT IS OUR CONTENTION THAT THE O.J.S. BAG WAS THE OTHER BAG AND IT HAD CLOTHES IN IT AND SO I THINK I SHOULD BE ALLOWED TO ASK HIM IF THIS WAS SIMILAR, IF IT HAD CLOTHES IN IT OR HAD SOMETHING IN IT, WOULD BE SIMILAR.

# 56 THE COURT:

WELL, ASK HIM SOME MORE FOUNDATIONAL QUESTIONS BECAUSE HE'S THE ONE WHO PUT IT IN THE LIMOUSINE. IF IT HAD HANDLES ON IT, WAS HE ABLE TO DESCRIBE WHAT A DUFFLE BAG IS. IF WE HAVE TO, I MEAN, I GOT AN L.L. BEAN CATALOG IN THE BACK AND YOU CAN ASK HIM PICK WHAT LOOKS LIKE IT.

# 57 MR. COCHRAN:

YOUR HONOR --

# 58 THE COURT:

THERE IS A BIG DIFFERENCE BETWEEN A GARMENT BAG AND A DUFFLE BAG.

# 59 MS. CLARK:

THE EASIEST THING TO DO IS TO HAVE THE DUFFEL BAG HERE. DID THEY BOTH LOOK LIKE THIS.

# 60 MR. COCHRAN:

I AM GOING TO DO THAT AT SOME POINT AND I'M GOING TO ASK A FEW MORE QUESTIONS.

# 61 MR. DARDEN:

I KNEW HE HAD MORE THAN FIFTEEN MINUTES.

# 62 MR. COCHRAN:

NO, THIS --

Temperature

tense

Key Quotes (4)

Marcia Clark

I'M JUST TOO TIRED.

Rare candid moment of exhaustion from Clark mid-trial, prompting Cochran's 'one-lawyer rule' jab when she tried to hand off to Darden.

Christopher Darden

IF IT IS MR. KARDASHIAN OR HIS AGENT OR MR. COCHRAN OR HIS AGENTS, THEY HAVE A DUTY UNDER THE CASE LAW, I BELIEVE, TO INFORM THE COURT AND US AS TO THE CONDITION OF THE BAG WHEN IT WAS RECEIVED, AS WELL AS THE CONTENTS.

Directly implicates defense counsel in potentially altering or withholding evidence, raising chain-of-custody concerns.

Lance A. Ito

I GOT AN L.L. BEAN CATALOG IN THE BACK AND YOU CAN ASK HIM PICK WHAT LOOKS LIKE IT.

Judge's wry suggestion to establish foundational identification of bag type — a rare light touch from the bench.

Johnnie Cochran

I'M TRYING TO SEARCH FOR THE TRUTH. I'M TRYING TO ASK THIS MAN -- HE WAS OUT THERE -- WHETHER OR NOT HE CAN IDENTIFY THIS BAG.

Cochran frames a tactical evidentiary move in the language of truth-seeking to deflect the prosecution's chain-of-custody challenge.

Evidence (3)

Informal

Louis Vuitton bag, now empty, allegedly full with clothing when Park loaded it into the limo

discussed, condition challenged

Informal

Golf bag, allegedly containing a full set of clubs when Park loaded it

discussed, condition challenged

Informal

Duffle bag — Clark suggests bringing an actual duffle for Park to compare

proposed for identification

Notable Exchanges (3)

Marcia Clark•Johnnie Cochran

Clark tried to hand the sidebar argument to Darden citing exhaustion; Cochran immediately invoked the 'one-lawyer rule' to block it.

strategic/lightly combative

Christopher Darden•Johnnie Cochran

Darden pressed Cochran on who emptied the bags and demanded disclosure; Cochran accused the prosecution of 'mixing apples and oranges' and said chain of custody was not the current issue.

tense/strategic

Lance A. Ito•Johnnie Cochran

Judge resolved the dispute by sustaining a foundational objection and directing Cochran to ask Park about the bags' apparent condition at the time, including whether the golf bag appeared to have clubs in it.

procedural

Light Moments (3)

Marcia Clark / Johnnie Cochran

Clark declared 'I'M JUST TOO TIRED' and tried to let Darden take over; Cochran immediately fired back 'ONE-LAWYER RULE.'

Lance A. Ito

Judge Ito offered that he had an L.L. Bean catalog in the back so Park could just point to which bag type it was.

Christopher Darden

Darden muttered 'I KNEW HE HAD MORE THAN FIFTEEN MINUTES' as Cochran indicated he had more questions.

Credibility Attacks (1)

⚔ Robert Kardashian (implied)

evidence tampering / chain of custody

Darden suggested Kardashian or his agents removed items from the Louis Vuitton bag and that the defense had a legal duty to disclose the bag's contents and condition when received.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 5474 • 62 utterances

Criminal Trial

Department 103