📄 Morning session opening — Friday, March 3, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\3\MORNING-SESSION-OPENING.DOC
TRIAL
▲ Day 30 of 167

Morning session opening

Date: Friday, March 3, 1995 • Utterances: 62
Brief pre-session administrative session held out of the presence of the jury. The court handled housekeeping matters including a bench warrant for a witness named Marguerite Thomas, a cultural interpretation dispute raised by Cochran regarding witness Rosa Lopez's responses, and disclosure of two crime scene videotapes by the defense.
1 (JANET M. MOXHAM, CSR NO. 4855, OFFICIAL REPORTER.)
2 (CHRISTINE M. OLSON, CSR NO. 2378, OFFICIAL REPORTER.)
3 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)
4 THE COURT:

ALL RIGHT. GOOD MORNING, COUNSEL. BACK ON THE RECORD. EXCUSE ME, COUNSEL.

5 MR. SHAPIRO:

GOOD MORNING, YOUR HONOR.

6 THE COURT:

THE RECORD SHOULD REFLECT THE DEFENDANT IS PRESENT WITH HIS COUNSEL, MR. SHAPIRO, MR. DOUGLAS, MR. BAILEY. THE PEOPLE ARE REPRESENTED BY MISS CLARK, MR. DARDEN, MISS LEWIS. THANK YOU. ARE WE MISSING SOMEBODY?

7 MR. BAILEY:

I CAN'T REMEMBER HIS NAME.

KEY QUOTE
8 MS. LEWIS:

MR. COCHRAN.

9 THE COURT:

MR. COCHRAN. MR. SHAPIRO, IS MR. COCHRAN ANYWHERE TO BE FOUND?

10 MR. SHAPIRO:

YES, HE IS IN THE BACK, YOUR HONOR. SHOULD I GO GET HIM?

11 THE COURT:

OH, OKAY.

12 MR. SHAPIRO:

YOUR HONOR, WE ARE ASKING FOR AN EXTRA MOMENT ON BEHALF OF MISS HAMBURGER.

13 MS. HAMBURGER:

THE INTERPRETERS WERE NOT ASKED TO COME BACK. WE HAVE BEEN SITTING IN THE BACK WAITING FOR AN INTERPRETER, YOUR HONOR, AND WE JUST GOT THE INTERPRETER.

14 THE COURT:

HOW MUCH TIME DO YOU NEED, MISS HAMBURGER?

15 MS. HAMBURGER:

JUST A FEW MOMENTS.

16 THE COURT:

IS THAT REALISTIC?

17 MS. HAMBURGER:

THAT IS REALISTIC.

18 THE COURT:

WELL, IN THE MEANTIME, MR. DARDEN -- ALL RIGHT. MR. COCHRAN, GOOD MORNING. ARE WE READY TO GO?

19 MR. COCHRAN:

READY.

20 THE COURT:

ARE WE READY?

21 MR. COCHRAN:

YES, YOUR HONOR, IF I CAN HAVE A CHAIR.

22 THE COURT:

WE HAVE A PROBLEM WITH CHAIRS.

23 (BRIEF PAUSE.)
24 THE COURT:

ALL RIGHT. MR. DARDEN, MR. COCHRAN, WOULD YOU APPROACH, PLEASE.

25 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)
26 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)
27 THE COURT:

MADAM INTERPRETER, WOULD YOU APPROACH, PLEASE.

28 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)
29 THE COURT:

DEPUTY JEX, YOU NEED TO MAINTAIN SOME QUIET IN THE COURTROOM IF YOU DON'T MIND.

30 DEPUTY JEX:

OKAY.

31 (A CONFERENCE WAS HELD AT THE BENCH, NOT REPORTED.)
32 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)
33 MS. LEWIS:

YOUR HONOR, SO IT DOESN'T GET LOST IN THE HOUSEKEEPING, DOES THE COURT WANT TO ISSUE AND HOLD A BENCH WARRANT TODAY FOR MISS THOMPSON?

34 THE COURT:

AS FAR AS THE MARGUERITE THOMPSON MATTER, WHAT DATE ARE YOU ASKING FOR?

35 MS. LEWIS:

THOMAS. I MISSPOKE AND THE COURT REPEATED MY STATEMENT.

36 THE COURT:

WHAT DATE ARE YOU ASKING FOR?

37 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
38 THE COURT:

I WOULD SUGGEST APRIL 1ST.

39 MS. LEWIS:

APRIL FOOL'S DAY?

40 THE COURT:

APRIL 3RD?

41 MR. COCHRAN:

MAKE IT MARCH 31ST, YOUR HONOR.

42 MS. CLARK:

MARCH 31ST.

43 THE COURT:

MARCH 31ST. ALL RIGHT. MR. JONES, DO YOU HAVE MARCH 31ST AVAILABLE ON YOUR CALENDAR?

44 MR. JONES:

YES, YOUR HONOR.

45 THE COURT:

ALL RIGHT. ISSUED AND HELD UNTIL MARCH 31ST. MR. COCHRAN.

46 MR. COCHRAN:

YES. THANK YOU VERY KINDLY, YOUR HONOR. YOUR HONOR, I HAVE RECEIVED A LETTER FROM A VINCENT C. GILLIAM, A PH.D., OF WHICH WE ALSO RECEIVED ONE AND A NUMBER OF OTHER CALLS, AND FOR THE RECORD, IF THE COURT WOULD ALLOW ME TO, I WOULD LIKE TO READ A PARAGRAPH FROM THAT LETTER AND I WOULD ASK THE COURT FOR PERMISSION TO GET AN INTERPRETATION FROM THE INTERPRETERS.

47 THE COURT:

YOU MEAN A COMMENT?

48 MR. COCHRAN:

YES, I'M SORRY, A COMMENT. THIS IS FROM THE LETTER. "FIRST, A POINT THAT MAY EASILY BE LOST TO AMERICANS IS THE DIFFERENCE IN CULTURES BEING MANIFESTED BY MISS LOPEZ' RESPONSES. NOT ONLY DOES SHE DISPLAY A TENDENCY TO DEFER SOMEWHAT MEEKLY TO PEOPLE IN AUTHORITY, (MR. DARDEN) BY SAYING, QUOTE, 'IF YOU SAY SO, SIR,' AS ONE MIGHT SUSPECT FROM SOMEONE FROM A HUMBLE BACKGROUND AND FROM EL SALVADOR AT THAT, BUT SPANISH-SPEAKING CULTURES ARE MUCH MORE SUBTLE THAN ONE SUCH AS THE U.S. THUS, WHEN MISS LOPEZ SAYS, 'NO,' AND THEN 'NO, I DON'T REMEMBER HAVING SAID THAT, SIR,' WITH FURTHER PRODDING, IT IS NOT AN EQUIVOCAL RESPONSE, NOR IS IT PREVARICATING THAT SHE CHANGE HER RESPONSE. IT IS SIMPLY THAT COMES FROM A MORE INDIRECT AND LESS CONFRONTATIONAL TYPE OF CULTURE. AND MORAL IMPORTANTLY, QUOTE, 'NO, I DON'T REMEMBER HAVING SAID THAT,' END QUOTE, DOES NOT MEAN, 'POSSIBLY YES' AS MR. DARDEN WAS ATTEMPTING TO MAKE IT MEAN." WE RECEIVED A NUMBER -- A NUMBER OF CALLS, AND JUST BEFORE I CAME OUT I WAS JUST TALKING TO ONE OF THE INTERPRETERS ABOUT THAT, AND AT SIDE BAR I MENTIONED IT TO THE OTHER INTERPRETER, AND I WOULD ASK THE COURT IF THE COURT COULD OBTAIN A COMMENT FROM EITHER ONE OR BOTH OF THE INTERPRETERS, IF THEY WANT TO CONFER, WITH REGARD TO THIS, BECAUSE I THINK IN FAIRNESS TO THE WITNESS WE NEED TO AT LEAST ESTABLISH WHAT THIS MEANS, BECAUSE UNDOUBTEDLY THERE WILL BE TESTIMONY WITH REGARD TO THIS AT SOME POINT.

49 THE COURT:

I HAVE TO TELL YOU I DON'T FIND A LETTER FAXED TO THE COURT TO BE SUBSTANTIAL EVIDENCE, FRANKLY. WE DON'T KNOW WHAT THIS PERSON'S QUALIFICATIONS ARE. IT IS AN ISSUE, IF YOU WANT TO PURSUE IT LATER, YOU ARE ENTITLED TO DO SO. IF YOU WANT TO HAVE DR. RHEINOFF FROM UCLA OR SOMEBODY FROM USC COME IN AND TALK TO US, WE CAN DO THAT, BUT LETTERS FAXED TO THE COURT WITHOUT ANY SUBSTANTIAL BACKGROUND, I AM NOT WILLING TO GIVE MUCH CREDENCE TO IT. IT IS AN ISSUE, IF YOU WANT TO RAISE IT LATER.

50 MR. COCHRAN:

I WOULD, YOUR HONOR, AND PERHAPS RAISE IT ON REDIRECT ALSO. THANK YOU, YOUR HONOR.

51 THE COURT:

ALL RIGHT. ANYTHING ELSE BEFORE WE RESUME?

52 MR. DOUGLAS:

BRIEFLY, YOUR HONOR, FOR THE RECORD.

53 THE COURT:

YES.

54 MR. DOUGLAS:

I TURNED OVER TO MR. DARDEN TWO VIDEOTAPES WHICH CONTAIN SOME FOOTAGE THAT WE MY INTEND USE IN THE FUTURE. WE WANTED TO GIVE THEM A FULL OPPORTUNITY TO EXAMINE WHAT IT IS WE HAVE IN OUR POSSESSION.

55 THE COURT:

ALL RIGHT. WHAT IS THE SUBJECT OF THESE TWO VIDEOTAPES?

56 MR. DOUGLAS:

CRIME SCENE FOOTAGE, YOUR HONOR.

57 THE COURT:

ALL RIGHT.

58 MR. DARDEN:

MAY I INQUIRE, YOUR HONOR? ARE THESE TWO VIDEOTAPES YOU INTEND TO USE WITH DETECTIVE LANGE?

59 MR. DOUGLAS:

NOT NECESSARILY LANGE, BUT PERHAPS WITH OTHER WITNESSES, BUT PERHAPS WITH LANGE AS WELL, BUT NOT NECESSARILY.

60 MR. DARDEN:

DOES THAT MEAN YES OR NO?

61 THE COURT:

IT MEANS MAYBE. IT MEANS YOU SHOULD ANTICIPATE YES.

KEY QUOTE
62 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

Temperature

procedural

Key Quotes (4)

F. Lee Bailey
I CAN'T REMEMBER HIS NAME.
Dry quip when the court noticed Cochran was missing from counsel table — rare moment of levity from Bailey.
Cheri Lewis
APRIL FOOL'S DAY?
Spontaneous reaction to Judge Ito's suggested April 1st date for the bench warrant, producing one of the session's few light moments.
Lance A. Ito
IT MEANS MAYBE. IT MEANS YOU SHOULD ANTICIPATE YES.
Judge cuts through Douglas's evasive answer about the videotapes, effectively ordering Darden to prepare as if they will be used with Lange.
Johnnie Cochran
NOT ONLY DOES SHE DISPLAY A TENDENCY TO DEFER SOMEWHAT MEEKLY TO PEOPLE IN AUTHORITY... SPANISH-SPEAKING CULTURES ARE MUCH MORE SUBTLE THAN ONE SUCH AS THE U.S.
Cochran reads from an unsolicited letter arguing Rosa Lopez's equivocal answers were a cultural phenomenon, not evasion — laying groundwork for a future challenge to how Darden characterized her testimony.

Evidence (1)

Informal
Two videotapes of crime scene footage disclosed by the defense to the prosecution
disclosed/turned over to Darden by Carl Douglas

Notable Exchanges (3)

Johnnie CochranLance A. Ito
Cochran reads from a faxed letter by Vincent C. Gilliam Ph.D. arguing Rosa Lopez's responses reflected El Salvadoran cultural norms rather than equivocation; Ito flatly dismisses the letter as lacking foundation but leaves the door open for a proper expert later.
strategic
Carl DouglasChristopher DardenLance A. Ito
Douglas discloses two crime scene videotapes but refuses to confirm whether they will be used with Detective Lange; Darden presses for a straight answer and the judge cuts in with a pragmatic ruling.
strategic
Cheri LewisLance A. ItoJohnnie Cochran
Bench warrant scheduling for witness Marguerite Thomas devolves briefly into banter over whether April 1st is an appropriate date before settling on March 31st.
light

Light Moments (3)

F. Lee Bailey
F. Lee Bailey jokes he can't remember Cochran's name when the judge asks where he is.
Cheri Lewis
Cheri Lewis responds 'APRIL FOOL'S DAY?' when the judge suggests April 1st for the bench warrant date.
Lance A. Ito
Judge notes 'WE HAVE A PROBLEM WITH CHAIRS' when Cochran arrives and asks for a seat.

Credibility Attacks (1)

⚔ Rosa Lopez
rehabilitation/cultural context argument
Cochran reads a letter arguing Lopez's shifting answers ('No, I don't remember having said that') reflected El Salvadoran cultural indirectness rather than evasion, countering Darden's implication that she was prevaricating under pressure.

Objections

None recorded
Proceeding 5123 • 62 utterances
Criminal Trial
Department 103
⚖️ Start
📂 MAR 3, 1995 📄 Morning session opening
MAR 3, 1995 KRT DvH TD