Witness dismissed and jury admonition

📄 Witness dismissed and jury admonition — Wednesday, March 29, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\29\WITNESS-DISMISSED-AND-JURY-ADM.DOC

TRIAL

▲ Day 47 of 167

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

Date: Wednesday, March 29, 1995 • Utterances: 17

Judge Ito dismissed witness Mr. Williams and adjourned for the afternoon recess. There was a brief moment of tension when Marcia Clark attempted to show pictures but was shut down by Ito, who referenced an agreement he hadn't been aware of. The proceeding ended on a light note with a casual exchange between the judge and the departing witness.

# 1 THE COURT:

ALL RIGHT.

# 2 MS. CLARK:

YOUR HONOR --

# 3 THE COURT:

NO.

# 4 MS. CLARK:

GIVEN THE LAST --

# 5 THE COURT:

DO YOU WANT TO ASK ANOTHER QUESTION?

# 6 MS. CLARK:

NO, I JUST WANT TO SHOW THE PICTURES.

# 7 THE COURT:

NO. WE HAD AN AGREEMENT THAT I WAS NOT AWARE OF. ALL RIGHT. LADIES AND GENTLEMEN, AT THIS TIME WE ARE GOING TO TAKE OUR RECESS FOR THE AFTERNOON AND I TAKE IT NEITHER SIDE HAS ANY FURTHER QUESTIONS FOR MR. WILLIAMS?

KEY QUOTE

# 8 MR. DOUGLAS:

CORRECT.

# 9 THE COURT:

MR. WILLIAMS, I AM GOING TO EXCUSE YOU AS A WITNESS. THANK YOU VERY MUCH FOR COMING IN, SIR.

# 10 THE WITNESS:

ALL RIGHT. I HAVE TO COME BACK TOMORROW?

# 11 THE COURT:

YOU ARE OUT OF HERE.

KEY QUOTE

# 12 THE WITNESS:

OH, OKAY. NOT LIKE IT WAS A PROBLEM. THANKS FOR THE WATER.

KEY QUOTE

# 13 THE COURT:

SURE THING. TAKE THE WATER WITH YOU.

# 14 MS. CLARK:

WATCH OUT FOR THE BAG.

# 15 THE WITNESS:

OKAY.

# 16 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN, AS FAR AS THE JURY IS CONCERNED, WE ARE GOING TO TAKE OUR RECESS FOR THE AFTERNOON AT THIS TIME. PLEASE REMEMBER MY ADMONITIONS TO YOU. DON'T DISCUSS THE CASE AMONGST YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DON'T CONDUCT ANY DELIBERATIONS, DO NOT ALLOW ANYBODY TO CONTACT YOU WITH REGARD TO THE CASE. AS FAR AS THE JURY IS CONCERNED, WE WILL STAND IN RECESS UNTIL 9:00 A.M. TOMORROW MORNING. ALL RIGHT. WE WILL TAKE A TEN-MINUTE RECESS AND THEN I WILL SEE COUNSEL ON THE OTHER EVIDENTIARY MATTERS.

# 17 (RECESS.)

Temperature

light

Key Quotes (3)

Lance A. Ito

MR. WILLIAMS, YOU ARE OUT OF HERE.

Informal, warm dismissal of the witness — uncharacteristically casual phrasing from the bench.

The Witness

NOT LIKE IT WAS A PROBLEM. THANKS FOR THE WATER.

Relaxed, offhand comment that breaks the courtroom formality.

Lance A. Ito

WE HAD AN AGREEMENT THAT I WAS NOT AWARE OF.

Suggests a sidebar or prior arrangement between counsel that Ito was not fully briefed on, used to cut off Clark's attempt to introduce pictures.

Evidence (1)

Informal

Photographs Marcia Clark sought to show — unspecified

Blocked by judge; not admitted

Notable Exchanges (2)

Lance A. Ito•Marcia Clark

Clark attempted to show pictures after examination concluded, but Ito shut her down, referencing a prior agreement he hadn't known about.

terse

Lance A. Ito•The Witness

Casual back-and-forth as Williams was dismissed — he asked if he had to return, was told he was free, and thanked the court for water.

light

Light Moments (2)

The Witness / Lance A. Ito

Witness thanks the court for the water; Ito tells him to take the water with him.

Marcia Clark

Marcia Clark chimes in with 'Watch out for the bag' as the witness exits.

Objections

None recorded

Proceeding 5495 • 17 utterances

Criminal Trial

Department 103