Sidebar: next witness

📄 Sidebar: next witness — Wednesday, March 29, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\29\SIDEBAR-NEXT-WITNESS.DOC

TRIAL

▲ Day 47 of 167

Date: Wednesday, March 29, 1995 • Utterances: 53

A sidebar in which the prosecution attempts to call Robert Kardashian as a witness to authenticate a tape about his taking possession of a garment bag. The defense objects because Kardashian's personal attorney (Janet Levine) is not present, and Judge Ito grants a brief delay as a matter of courtesy. The sidebar also covers the next two prosecution witnesses: skycap James Williams and a Westec alarm system representative.

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

# 2 THE COURT:

ALL RIGHT. WE ARE OVER AT THE SIDE BAR. WHO IS NEXT?

# 3 MR. DARDEN:

I WOULD LIKE TO CALL MR. KARDASHIAN TO TESTIFY AT THIS TIME.

# 4 MR. COCHRAN:

DARDEN KNOWS THAT HE IS A LAWYER. WE HAVE A CONFLICT. HIS LAWYER IS NOT HERE. THEY CAN GO ON UNTIL HIS LAWYER COMES.

# 5 MR. DARDEN:

WE NEED TO AUTHENTICATE A TAPE REGARDING HIS TAKING POSSESSION OF A GARMENT BAG THE MORNING MR. SIMPSON ARRIVED. IN ADDITION, WE NOW HAVE THIS EVIDENCE BEFORE THE JURY, EVIDENCE THAT WE JUST SAW TODAY, AND IT IS ONLY LOGICAL I THINK AT THIS POINT --

# 6 THE COURT:

WHEN -- WHEN WILL MR. KARDASHIAN HAVE HIS LAWYER HERE?

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

# 8 MR. COCHRAN:

I COULDN'T HEAR YOU.

# 9 THE COURT:

WHEN WILL MR. KARDASHIAN HAVE HIS LAWYER HERE?

# 10 MR. COCHRAN:

I DON'T KNOW. I TOLD CHRIS TO HAVE DARDEN -- WHEN HE CAME DOWN, I SAID WE DIDN'T REPRESENT HIM. JANET LEVINE IS HIS LAWYER AND HE HAS GOT TO FIND OUT. THAT IS UP TO THEM, YOUR HONOR; IT IS NOT UP TO ME. THEY CAN PROCEED WITH SOME OTHER WITNESSES AND THEN GET TO IT.

# 11 THE COURT:

I DON'T THINK THERE IS ANY GREAT HARM TO FINISHING OUT THE REST OF THE COURT DAY HERE.

# 12 MR. COCHRAN:

WORK IT OUT. I TOLD MR. DARDEN TO CALL JANET LEVINE.

# 13 MR. DARDEN:

I INTEND TO CALL HIM. THEY ARE HARASSING US. I INTEND TO CALL HIM. HE HAS MADE HIMSELF A WITNESS IN THIS CASE BY TAKING POSSESSION OF ALL THIS STUFF.

# 14 MR. COCHRAN:

I AM TALKING TO YOU. I DON'T TALK -- OKAY. I'M DIRECTING MY COMMENTS TO THE COURT.

# 15 MR. DARDEN:

HE HAS MADE HIMSELF A WITNESS. IT IS NOT OUR FAULT. YOU HAVE INTRODUCED THIS STUFF TO THE JURY AT THIS TIME -- POINT IN TIME AND IT IS ONLY LOGICAL TO CALL HIM.

# 16 THE COURT:

MR. DARDEN, I AGREE WITH YOU THAT YOU ARE PROBABLY ENTITLED TO PURSUE THIS AREA. I DON'T HAVE ANY PROBLEM WITH THAT. BUT JUST AS A MATTER OF COURTESY, COUNSEL IS -- MR. KARDASHIAN IS ENTITLED TO CONSULT WITH HIS ATTORNEY SINCE HE WAS NOTIFIED THIS AFTERNOON THAT HE IS GOING TO BE A WITNESS. HE IS ENTITLED TO CONSULT WITH HIS ATTORNEY. I WOULD EXTEND TO YOU THE SAME COURTESY, SO LET'S JUST FINISH OUT THE 55 MINUTES WE'VE GOT.

# 17 MR. DARDEN:

OKAY. I APPRECIATE THAT.

# 18 MS. CLARK:

ALL THE LAWYERS IN THIS COURTROOM, THERE IS NO ONE WHO COULD POSSIBLY ASSIST?

KEY QUOTE

# 19 THE COURT:

BUT THEY HAVE --

# 20 MS. CLARK:

THE LAWYER'S RIGHT TO --

# 21 THE COURT:

MISS CLARK, OBVIOUSLY THERE IS A CONFLICT HERE. THAT IS EASILY APPARENT.

# 22 MR. DARDEN:

WELL, YOU KNOW --

# 23 THE COURT:

SO --

# 24 MR. DARDEN:

YOU WOULD THINK THAT THEY WOULD HAVE THOUGHT ABOUT THAT BEFORE INTRODUCING --

# 25 THE COURT:

YOU WOULD HAVE THOUGHT THAT, BUT THAT IS ANOTHER QUESTION.

# 26 MR. COCHRAN:

YOU WOULD HAVE THOUGHT ABOUT IT. WE THOUGHT YOU GUYS WOULD HAVE HAD THAT BY NOW.

# 27 MR. DARDEN:

IT IS NOT THE BAG.

# 28 THE COURT:

WHO IS YOUR NEXT WITNESS?

# 29 MR. DARDEN:

O.J. KNOWS IT.

# 30 MS. CLARK:

JAMES WILLIAMS, THE SKYCAP. SHOULD BE BRIEF.

# 31 THE COURT:

IS HE AVAILABLE?

# 32 MS. CLARK:

HE IS RIGHT HERE. WHO DO YOU HAVE AFTER THIS?

# 33 MR. DARDEN:

AFTER THIS WE HAVE THE WOMAN FROM WESTEC TO TALK ABOUT WHERE THE SENSORS ARE.

# 34 MR. COCHRAN:

COULD WE HAVE AN OFFER OF PROOF ON THAT, YOUR HONOR? OFFER OF PROOF?

# 35 THE COURT:

WHY IS THAT RELEVANT?

# 36 MR. COCHRAN:

I DON'T UNDERSTAND.

# 37 MR. DARDEN:

THAT HE HAS AN ALARM SYSTEM AND THAT HE CAN'T GO THROUGH THE SOUTH SIDE DOORS BECAUSE OF AN ALARM SYSTEM.

# 38 MR. COCHRAN:

CAN'T DO WHAT?

# 39 MR. DARDEN:

HE CAN'T ENTER THE HOUSE THROUGH THE LAUNDRY ROOM DOOR OR THE SIDE GARAGE DOOR ON THE SOUTH SIDE OF THE HOUSE BECAUSE OF THE ALARM SYSTEM.

# 40 MR. COCHRAN:

YOU CAN STILL ENTER. I SUPPOSE THE ALARM WILL GO OFF.

# 41 MS. CLARK:

HE IS SET ON THIS DOING THIS.

# 42 MR. COCHRAN:

THAT IS A MAJOR POINT. THAT IS IF THE ALARM IS ON. WHAT IF THE ALARM IS NOT ON.

KEY QUOTE

# 43 MR. DARDEN:

IF IT IS ON. HE ALWAYS TURNS IT ON BEFORE HE LEAVES THE HOUSE.

# 44 MR. COCHRAN:

THIS IS NOT PERSONAL. I THINK AN OFFER OF PROOF --

# 45 MS. CLARK:

THAT IS IT.

# 46 THE COURT:

LET'S SEE.

# 47 MS. CLARK:

THEY HAVE KNOWN ABOUT THIS WITNESS FOR A VERY LONG TIME. ONLY AT THIS MOMENT WE ARE TALKING --

# 48 THE COURT:

LET'S SEE THE SKYCAP.

# 49 MR. COCHRAN:

IT IS NOT RELEVANT UNTIL YOU GET TO --

# 50 MS. CLARK:

CAN I JUST ASK THAT WE GET A FIVE-MINUTE BREAK BEFORE WE GET TO THAT? GO TO THE BATHROOM.

# 51 THE COURT:

OKAY. WE WILL TAKE A BREAK RIGHT NOW.

# 52 MR. SHAPIRO:

YOUR HONOR -- AND OFF THE RECORD.

# 53 (DISCUSSION HELD OFF THE RECORD.)

Temperature

tense

Key Quotes (4)

Christopher Darden

HE HAS MADE HIMSELF A WITNESS IN THIS CASE BY TAKING POSSESSION OF ALL THIS STUFF.

Darden's core argument for why Kardashian, though a defense attorney, can be compelled to testify — his actions with the garment bag implicate him as a fact witness.

Lance A. Ito

MR. KARDASHIAN IS ENTITLED TO CONSULT WITH HIS ATTORNEY SINCE HE WAS NOTIFIED THIS AFTERNOON THAT HE IS GOING TO BE A WITNESS.

Judge grants the delay on courtesy grounds, not as a ruling on admissibility — signaling Darden will get his witness eventually.

Marcia Clark

ALL THE LAWYERS IN THIS COURTROOM, THERE IS NO ONE WHO COULD POSSIBLY ASSIST?

Sarcastic observation that a courtroom full of defense attorneys could not simply step in for Kardashian — Ito immediately shuts it down by noting the obvious conflict.

Johnnie Cochran

THAT IS A MAJOR POINT. THAT IS IF THE ALARM IS ON. WHAT IF THE ALARM IS NOT ON.

Cochran immediately identifies the weakness in the prosecution's alarm-system argument — if Simpson disarmed it before leaving, the sensor placement is irrelevant.

Evidence (2)

Informal

Video tape showing Kardashian taking possession of a garment bag the morning Simpson returned from Chicago

discussed as basis for calling Kardashian as a witness

Informal

Garment bag taken by Kardashian

referenced as the item making Kardashian a fact witness

Notable Exchanges (4)

Christopher Darden•Johnnie Cochran

Darden accuses the defense of 'harassing' him; Cochran formally redirects his comments to the court rather than engage directly with Darden.

heated

Marcia Clark•Lance A. Ito

Clark suggests another attorney in the room could advise Kardashian; Ito flatly notes the obvious conflict of interest.

terse

Christopher Darden•Johnnie Cochran

Brief sparring over whose fault it is that Kardashian's lawyer status wasn't sorted out before the garment bag evidence was introduced to the jury.

strategic

Christopher Darden•Johnnie Cochran

Darden explains the Westec witness will show Simpson could not enter via south-side doors due to the alarm; Cochran immediately counters that the alarm may not have been armed.

strategic

Light Moments (1)

Johnnie Cochran

Cochran quips 'WE THOUGHT YOU GUYS WOULD HAVE HAD THAT BY NOW' when Darden complains the defense should have anticipated the Kardashian conflict before introducing the garment bag evidence.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 5508 • 53 utterances

Criminal Trial

Department 103