Sidebar: photographs and jury

📄 Sidebar: photographs and jury — Wednesday, March 29, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\29\SIDEBAR-PHOTOGRAPHS-AND-JURY.DOC

TRIAL

▲ Day 47 of 167

◀ Recross-examination of James Williams (part 2) Recross-examination of James Williams (part 3) ▶

Date: Wednesday, March 29, 1995 • Utterances: 39

A heated sidebar erupted when Darden physically touched Cochran, prompting Cochran to demand the judge intervene. The substance of the dispute was whether photographs of trash cans at LAX could be shown to the jury — Clark had previously agreed with Cochran not to show them, but a witness's unexpected testimony now corroborated the prosecution's theory that OJ stood near the trash can. Judge Ito honored the prior agreement and ruled the photos would not go to the jury at that time.

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

# 2 MR. DARDEN:

HE CAN'T OBJECT. THIS IS NOT HIS WITNESS. BACK TO HIS SIDE OF THE TABLE. THIS IS NOT HIS WITNESS. HE CANNOT OBJECT.

# 3 MS. CLARK:

MR. DOUGLAS' BAILIWICK.

# 4 MR. COCHRAN:

TELL HIM TO GET HIS HANDS OFF ME, JUDGE.

KEY QUOTE

# 5 THE COURT:

GET YOUR HANDS OFF HIM, MR. DARDEN.

KEY QUOTE

# 6 MR. COCHRAN:

THE REASON I APPROACHED, MISS CLARK TOLD ME THAT THEY WERE GOING TO INVESTIGATE SOMETHING REGARDING POTENTIAL WITNESSES AND SHE WOULDN'T TRY TO SHOW THIS TO THE JURY BECAUSE IT MAY NEVER COME TO PASS. SO YOUR HONOR GRATUITOUSLY OFFERED TO DO THAT, BUT SHE SAID THAT WAS THEIR REPRESENTATION.

# 7 THE COURT:

BUT THEY -- WAIT. HE ALREADY TESTIFIED THAT THIS IS WHERE HIS PODIUM IS. THE LIMO GUY SAID, YEAH, HE WENT OVER AND PUT THIS THING ON TOP OF THE TRASH CAN.

# 8 MS. CLARK:

BUT NOW THIS WITNESS CORROBORATES THE OTHER WITNESSES AND WE HAVE HIM STANDING BY THE TRASH CAN.

# 9 MR. COCHRAN:

HE SAYS HE NEVER SAW HIM DOING THAT. WHAT DIFFERENCE DOES THAT MAKE?

# 10 MS. CLARK:

DIFFERENT VIEW.

# 11 MR. DARDEN:

YOU DON'T HAVE TO --

# 12 MR. COCHRAN:

GRABBING AT STRAWS. MY OBJECTION IS THIS: GRABBING AT STRAWS. DO YOU HAVE SOMETHING IN THE TRASH CAN?

# 13 THE COURT:

WELL, IS THERE ANY DOUBT, COUNSEL, THAT IF WE WERE TO GO TO LAX RIGHT NOW AND LOOK AT THIS PARTICULAR PODIUM AT AMERICAN AIRLINES THAT IT IS GOING TO BE EXACTLY THE SAME AS IT IS?

# 14 MR. COCHRAN:

I HAVE NO DOUBT.

# 15 THE COURT:

ALL RIGHT.

# 16 MR. COCHRAN:

I WAS PRESENT -- I HELPED BUILD THE AIRPORT, SO I KNOW ABOUT THAT AIRPORT.

KEY QUOTE

# 17 THE COURT:

THEN I HAVE MANY BONES TO PICK WITH YOU.

KEY QUOTE

# 18 MR. DARDEN:

YOU HAVEN'T DONE AN HONEST DAY'S WORK IN YOUR LIFE.

# 19 MR. COCHRAN:

FOR 13 YEARS I WAS A COMMISSIONER. BUT THE POINT IS THERE ARE PICTURES OF TRASH CANS. LET THEM ALL IN THERE OR LET THEM LOOK AT THEM. THAT IS MY POINT.

# 20 MS. CLARK:

YOU'VE LOOKED AT THEM.

# 21 MR. COCHRAN:

THE DEAL WHEN WE LEFT, SHE WASN'T GOING TO DO IT, SO THAT IS WHY I'M UP HERE. I DON'T CARE ABOUT THESE PICTURES.

# 22 MS. CLARK:

THANKS TO MR. DOUGLAS WE HAVE TWO WITNESSES NOW PUTTING THE DEFENDANT NEXT TO THE TRASH CAN, YOU KNOW, ONE OF WHOM HAD NO CLUE WHERE THAT QUESTION WAS COMING FROM. AND I REALLY THINK, YOU KNOW, I'M NOT ASKING YOU TO DRAW ANY INFERENCES AT THIS POINT, BUT IT IS AN ACCURATE REPRESENTATION OF WHERE THEY STOOD. IT DOES CORROBORATE THE WITNESS AND IT CORROBORATES ALLAN PARK.

KEY QUOTE

# 23 THE COURT:

THE PROBLEM IS IF YOU TOLD MR. COCHRAN YOU WEREN'T GOING TO SHOW THEM TO THE JURY, THEN AT THIS POINT WE WON'T.

# 24 MR. COCHRAN:

THAT IS -- SHE DID TELL ME THAT.

# 25 MS. CLARK:

I DID. I TOLD HIM BECAUSE I DIDN'T THINK THIS WITNESS WOULD SAY HE WAS NEAR THE TRASH CAN, BUT THEN HE DID.

# 26 THE COURT:

HOLD ON, HOLD ON. SO GIVEN THAT THERE IS AN AGREEMENT --

# 27 MR. COCHRAN:

THERE WAS AN AGREEMENT. ALSO, IF YOU CAME UP TO THIS THING, YOU WOULD BE STANDING NEAR THE TRASH CAN BASED UPON THOSE PICTURES.

# 28 MS. CLARK:

SURE.

# 29 THE COURT:

SURE.

# 30 MS. CLARK:

WHY ARE WE ARGUING ABOUT IT? WHAT IS THE BIG DEAL? WHY ARE YOU SO SCARED?

# 31 THE COURT:

SINCE THERE WAS AN AGREEMENT, WE WON'T DO IT RIGHT NOW.

# 32 MR. COCHRAN:

WE CAN ARGUE ABOUT IT LATER.

# 33 MR. DOUGLAS:

TWO MORE QUESTIONS.

# 34 MS. CLARK:

ARE YOU SURE YOU WANT TO, CARL? THE REASON WE ARE UP HERE IS BECAUSE YOU ASKED THE LAST ONE.

# 35 MR. DOUGLAS:

CAN I HAVE TWO MORE QUESTIONS?

# 36 THE COURT:

OKAY.

# 37 MR. DOUGLAS:

THANK YOU.

# 38 THE COURT:

ALL RIGHT.

# 39 THE COURT:

ALL RIGHT. THANK YOU. MR. DOUGLAS, YOU HAD TWO MORE QUESTIONS?

Temperature

tense

Key Quotes (5)

Johnnie Cochran

TELL HIM TO GET HIS HANDS OFF ME, JUDGE.

Cochran alleged Darden physically grabbed him at the bench — a remarkable moment of courtroom physicality between opposing counsel.

Lance A. Ito

GET YOUR HANDS OFF HIM, MR. DARDEN.

The judge confirmed the physical contact and ordered Darden to stop — a rare judicial rebuke at the bench.

Johnnie Cochran

I WAS PRESENT -- I HELPED BUILD THE AIRPORT, SO I KNOW ABOUT THAT AIRPORT.

Cochran invoked his 13-year tenure as a commissioner to establish familiarity with LAX's layout — delivered with characteristic self-promotion.

Lance A. Ito

THEN I HAVE MANY BONES TO PICK WITH YOU.

A dry comedic retort from the judge, one of the few light moments in an otherwise tense sidebar.

Marcia Clark

THANKS TO MR. DOUGLAS WE HAVE TWO WITNESSES NOW PUTTING THE DEFENDANT NEXT TO THE TRASH CAN, YOU KNOW, ONE OF WHOM HAD NO CLUE WHERE THAT QUESTION WAS COMING FROM.

Clark pointedly blamed defense attorney Carl Douglas for inadvertently creating corroborating testimony against his own client.

Evidence (2)

Informal

Photographs of trash cans at the American Airlines podium at LAX

disputed — Clark wanted to show them to the jury; Ito ruled they would not be shown based on prior agreement with Cochran

Informal

Testimony of Allan Park (limousine driver) placing defendant near the trash can

referenced as prior corroborating evidence

Notable Exchanges (4)

Christopher Darden•Johnnie Cochran

Darden physically grabbed or touched Cochran at the bench; Cochran demanded the judge intervene; Ito ordered Darden to stop.

heated

Marcia Clark•Johnnie Cochran•Lance A. Ito

Clark admitted she had told Cochran she would not show the photographs to the jury, but argued circumstances changed when the witness unexpectedly testified. Ito held her to the agreement.

strategic

Christopher Darden•Johnnie Cochran

Darden said to Cochran: 'You haven't done an honest day's work in your life' — a sharp personal jab during the bench conference.

heated

Marcia Clark•Carl Douglas

Clark confronted Douglas about triggering the entire sidebar: 'The reason we are up here is because you asked the last one,' blaming him for creating damaging testimony against his own client.

strategic

Light Moments (2)

Lance A. Ito

Cochran claimed he 'helped build the airport' and served 13 years as a commissioner, prompting Ito to deadpan: 'Then I have many bones to pick with you.'

Johnnie Cochran

Cochran deflected the entire trash can photo dispute with: 'I don't care about these pictures.'

Credibility Attacks (1)

⚔ Johnnie Cochran

personal attack

Darden told Cochran 'You haven't done an honest day's work in your life' — an ad hominem remark at the bench, not a formal credibility challenge.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 5493 • 39 utterances

Criminal Trial

Department 103