Sidebar: credibility and discovery

📄 Sidebar: credibility and discovery — Friday, March 3, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\3\SIDEBAR-CREDIBILITY-AND-DISCOV.DOC

TRIAL

▲ Day 30 of 167

◀ Redirect examination of Rosa Maria Lopez Court reopens ▶

Date: Friday, March 3, 1995 • Lines: 32

Cochran raises a discovery complaint at sidebar, noting the defense never received a 'clue sheet' or report from when prosecution investigators interviewed a witness named Sylvia. Darden and Clark explain no written report was created because the tip was anonymous and Sylvia claimed to know nothing. The sidebar ends with a light exchange about Cochran's fashion coordination.

# 1 MR. COCHRAN:

YOUR HONOR, MAY WE APPROACH FOR JUST A MOMENT WITH THE REPORTER?

# 2 THE COURT:

SURE.

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

# 4 THE COURT:

OVER AT THE SIDE BAR. MR. COCHRAN.

# 5 MR. COCHRAN:

YES, I HAD FORGOTTEN TO ASK, THE OTHER DAY MISS CLARK MADE A REPRESENTATION, YOUR HONOR, WITH REGARD TO WE HAD INDICATED THAT WE HAD HEARD THAT THE POLICE HAD TALKED TO OR INVESTIGATORS HAD TALKED TO SYLVIA AND WE HAVE NEVER GOTTEN THAT STATEMENT. SHE SAID IT WAS IN A CLUE OF SOME KIND, SO I EXPECTED TO GET IT AND WE STILL HAVEN'T GOTTEN IT, SO I WOULD ASK DID THEY RECEIVE THAT.

# 6 THE COURT:

HAVE YOU GOT THE CLUE SHEET?

# 7 MS. CLARK:

I DO NOT. WE HAVE -- WE HAVE THE TAPE, RIGHT?

# 8 MR. DARDEN:

WELL, WHEN THEY SPOKE TO HER THE FIRST TIME WE HAD GOTTEN A CALL, A TELEPHONE CALL, AND I DON'T BELIEVE THERE IS A CLUE SHEET. IT IS A TELEPHONE CALL THAT CAME INTO THE PROSECUTION TEAM AND THEY WENT OUT THERE AND ASKED HER WHAT -- WHAT SHE KNEW AND SHE BASICALLY RECITED WHAT SHE DID RECITE ON THE TAPE, WHAT THE CONVERSATION WAS THAT SHE HAD WITH OUR INVESTIGATOR. THEY DIDN'T EVEN WRITE A REPORT ON IT. SHE SAID I DON'T KNOW ROSA, I DON'T KNOW ANYTHING, AND THAT IS WHERE WE LEFT IT, SO I CAN GO UP AND SEARCH FOR A --

# 9 MR. COCHRAN:

WE WANT TO FINISH, BUT IT SOUNDS HIGHLY UNUSUAL WHEN SHE SAID I WAS OFFERED $5,000 AND SOMEBODY DIDN'T WRITE THAT DOWN.

# 10 MS. CLARK:

NO, SHE DIDN'T SAY THAT.

# 11 MR. COCHRAN:

THAT IS WHAT I'M SAYING.

# 12 MS. CLARK:

IT IS ON THE FIRST -- IT IS ON YOUR TAPE.

# 13 MR. COCHRAN:

WE HAVE ANOTHER TAPE?

# 14 MS. CLARK:

SAME TAPE. ON THAT TAPE THEY GO OVER WHAT SHE HAD TOLD THEM AFTER THEY CONTACTED HER THE FIRST TIME AND SHE SAYS I WOULDN'T TELL YOU ANYTHING, AND THAT IS THE TRUTH. I MEAN, THAT IS WHAT HAPPENED.

# 15 MR. COCHRAN:

SOMEBODY SAID SHE DIDN'T KNOW HER.

# 16 THE COURT:

ALL RIGHT. BUT THE QUESTION IS, IS THERE ANY PHONE MESSAGE OR ANYTHING WITH REGARDS TO THE TIP AND IS THERE ANY REPORT ABOUT GOING OUT TO TALK TO HER AND HER SAYING I KNOW NOTHING ABOUT NOTHIN'?

# 17 MR. DARDEN:

NONE THAT I HAVE EVER SEEN.

# 18 MS. CLARK:

OR I.

# 19 MR. DARDEN:

I ASKED THE INVESTIGATORS IF THEY WROTE A REPORT AND THEY SAID THEY HAD NOT WRITTEN A REPORT BECAUSE IT WAS -- IT WAS ONE OF MANY HUNDREDS OF --

KEY QUOTE

# 20 MS. CLARK:

ANONYMOUS.

# 21 MR. DARDEN:

DON'T KNOW THEM, NEVER TALKED TO THEM, NEVER HEARD IT; SO I WILL INQUIRE. I JUST NEED TIME TO --

# 22 THE COURT:

THE PROBLEM IS WE'VE GOT THE WITNESS HERE.

# 23 MR. DARDEN:

GIVE ME TWO MINUTES, I WILL MAKE A PHONE CALL.

# 24 MS. CLARK:

I WILL DO IT.

# 25 MR. COCHRAN:

DO YOU WANT TO DO IT?

# 26 MR. DARDEN:

SEE IF WE CAN GET SOMEBODY HERE.

# 27 MR. COCHRAN:

I WILL GO INTO SOME OTHER AREAS AND COME BACK TO THAT AND MOVE ON.

# 28 THE COURT:

MARCIA, MAKE A PHONE CALL.

# 29 MR. DARDEN:

HIS SHIRT MATCHES HIS TIE.

# 30 MS. CLARK:

UNBELIEVABLE.

# 31 MR. COCHRAN:

SHE WANTS TO GET OUT OF HERE. I APPRECIATE THE COMPLIMENTS, BUT MAY WE RESUME?

# 32 THE COURT:

YES.

Temperature

procedural

Key Quotes (2)

Johnnie Cochran

IT SOUNDS HIGHLY UNUSUAL WHEN SHE SAID I WAS OFFERED $5,000 AND SOMEBODY DIDN'T WRITE THAT DOWN.

Cochran treats the absence of a written report concerning his disputed premise that Sylvia said she had been offered $5,000 as a credibility and discovery issue; Clark disputes that Sylvia made the statement, and the participants acknowledge an audio tape of the investigator contact.

Christopher Darden

I ASKED THE INVESTIGATORS IF THEY WROTE A REPORT AND THEY SAID THEY HAD NOT WRITTEN A REPORT BECAUSE IT WAS -- IT WAS ONE OF MANY HUNDREDS OF --

Darden says investigators told him they had not written a report and begins to explain why.

Evidence (2)

Informal

Audio tape of prosecution investigator's conversation with witness Sylvia, in which she says she doesn't know Rosa and knows nothing

discussed as the only documentation of investigator contact with Sylvia

Informal

Alleged 'clue sheet' documenting tip about witness Sylvia

sought by defense; Clark said she did not have it and Darden said he did not believe there was one

Notable Exchanges (1)

Johnnie Cochran•Marcia Clark•Christopher Darden

Discovery dispute over whether prosecution documented their contact with witness Sylvia, who allegedly said she was offered $5,000. Prosecution insists the tape covers the substance and no separate report was written.

strategic

Light Moments (1)

Christopher Darden

Darden remarks 'HIS SHIRT MATCHES HIS TIE' mid-sidebar; Clark responds 'UNBELIEVABLE'; Cochran jokes 'SHE WANTS TO GET OUT OF HERE' before asking to resume.

Credibility Attacks (1)

⚔ Sylvia (witness)

disputed counsel premise / missing written report

Cochran points to the lack of a written report while asserting that Sylvia said she had been offered $5,000; Clark disputes that assertion.

Objections

None recorded

Proceeding 5130 • 32 lines

Criminal Trial

Department 103