Sidebar (1)

📄 Sidebar (1) — Friday, March 3, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\3\SIDEBAR-1-.DOC

TRIAL

▲ Day 30 of 167

◀ Redirect examination of Rosa Lopez (part 1) Redirect examination of Rosa Lopez (part 2) ▶

Date: Friday, March 3, 1995 • Utterances: 21

A brief sidebar during the civil trial in which Cochran sought to establish that Rosa had visited Sylvia's home on multiple occasions, to impeach Sylvia's credibility. Darden conceded the point, and Ito narrowed the permitted questioning to frequency of visits and description of the home's interior.

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

# 2 THE COURT:

WE ARE OVER AT THE SIDEBAR. WHAT'S THE RELEVANCE OF THIS?

# 3 MR. COCHRAN:

I THOUGHT THE STATEMENT OF SYLVIA WAS THAT ROSA HAD NEVER BEEN OVER TO HER PLACE AND I THINK I HAVE A RIGHT TO ESTABLISH SHE HAS BEEN OVER THERE LOTS OF TIME, HAS TALKED TO THE FAMILY. IT GOES TO HER CREDIBILITY.

KEY QUOTE

# 4 MR. DARDEN:

YOU ARE ASKING IF SYLVIA'S BEEN TO ROSA'S OR ROSA'S BEEN TO SYLVIA'S?

# 5 MR. COCHRAN:

BOTH, EITHER WAY.

# 6 MR. DARDEN:

WELL I MEAN, THERE'S NO ISSUE.

# 7 MR. COCHRAN:

I THINK THERE IS AN ISSUE.

# 8 MR. DARDEN:

ROSA'S BEEN OVER TO SYLVIA'S HOME, SYLVIA HAS MADE THAT CLAIM, AND SHE JUST SAID THAT SHE HAD BEEN THERE. WHY DO WE HAVE TO DESCRIBE THE HOUSE AND SUBJECT KAPLAN AND OTHERS TO HARASSMENT, SCRUTINY BY --

# 9 MR. COCHRAN:

ABSOLUTELY NOT.

# 10 MR. DARDEN:

-- SOMEONE ELSE? WHY GO INTO IT?

# 11 MR. COCHRAN:

ALL I WANT TO DO IS ESTABLISH SHE'S BEEN INSIDE THE HOUSE, BEEN THERE A NUMBER OF OCCASIONS. SHE CAN DESCRIBE THE INTERIOR OF THE HOUSE, NOT THE ADDRESS. I THOUGHT THAT WAS THE ISSUE. ALSO, THAT THIS OTHER LADY'S BEEN OVER HER HOME.

# 12 THE COURT:

DESCRIBE THE INTERIOR OF THE HOUSE?

# 13 MR. COCHRAN:

I'M NOT TALKING ADDRESS OR ANYTHING.

# 14 MR. DARDEN:

WELL, JUST TO MAKE IT CLEAR, WE ACCEPT THE NOTION THAT SHE'S BEEN OVER TO SYLVIA'S HOUSE A NUMBER OF OCCASIONS.

KEY QUOTE

# 15 MR. COCHRAN:

IN ADDITION TO THAT, SOMETHING LIKE -- THAT HE SAID -- HE ASKED -- MR. KAPLAN SAID, "GET OUT, DON'T COME OVER HERE," SOMETHING LIKE THAT.

# 16 MR. DARDEN:

HE OBJECTED. YOU SUSTAINED IT.

# 17 MR. COCHRAN:

I'LL BE BRIEF.

# 18 MR. DARDEN:

THE QUESTION WAS ASKED, BUT THE OBJECTION WAS SUSTAINED.

# 19 THE COURT:

THE ONLY THING WE NEED TO ASK IS, "HOW OFTEN HAVE YOU BEEN THERE," ASK HER TO DESCRIBE THE HOUSE, HOW MANY TIMES SHE'S BEEN INSIDE THE HOUSE.

# 20 MR. COCHRAN:

YES. THAT'S ALL I'M ASKING.

# 21 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

Temperature

procedural

Key Quotes (3)

Johnnie Cochran

I THOUGHT THE STATEMENT OF SYLVIA WAS THAT ROSA HAD NEVER BEEN OVER TO HER PLACE AND I THINK I HAVE A RIGHT TO ESTABLISH SHE HAS BEEN OVER THERE LOTS OF TIME, HAS TALKED TO THE FAMILY. IT GOES TO HER CREDIBILITY.

States the credibility impeachment theory driving the line of questioning.

Christopher Darden

WELL, JUST TO MAKE IT CLEAR, WE ACCEPT THE NOTION THAT SHE'S BEEN OVER TO SYLVIA'S HOUSE A NUMBER OF OCCASIONS.

Prosecution concedes the factual premise, defusing the dispute.

Lance A. Ito

THE ONLY THING WE NEED TO ASK IS, 'HOW OFTEN HAVE YOU BEEN THERE,' ASK HER TO DESCRIBE THE HOUSE, HOW MANY TIMES SHE'S BEEN INSIDE THE HOUSE.

Judge resolves the sidebar by defining the precise scope of permissible questioning.

Notable Exchanges (2)

Christopher Darden•Johnnie Cochran

Darden raised concern that describing the home's address or layout could expose Kaplan and others to harassment; Cochran clarified he only wanted the interior described, not the address.

strategic

Lance A. Ito•Johnnie Cochran

Ito narrowed the permitted questioning to frequency of visits and interior description, which Cochran accepted as sufficient.

procedural

Credibility Attacks (1)

⚔ Sylvia

prior inconsistent statement

Cochran sought to show Rosa had visited Sylvia's home many times, contradicting an implied claim by Sylvia that Rosa had never been there.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 5132 • 21 utterances

Criminal Trial

Department 103