Sidebar: police reports discovery

📄 Sidebar: police reports discovery — Friday, March 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\31\SIDEBAR-POLICE-REPORTS-DISCOVE.DOC

TRIAL

▲ Day 49 of 167

◀ Cross-examination of Charles Cale (part 1) Cross-examination of Charles Cale (part 2) ▶

Date: Friday, March 31, 1995 • Utterances: 11

A brief sidebar initiated by Shapiro, who claimed he did not have complete police reports. Darden clarified that Shapiro had the reports but not all pages with him. It was quickly resolved when Judge Ito confirmed that Cochran had all the materials.

# 1 MR. SHAPIRO:

YOUR HONOR, MAY WE APPROACH, BECAUSE APPARENTLY I DO NOT HAVE THE COMPLETE REPORTS.

KEY QUOTE

# 2 MR. DARDEN:

HE DOES NOT HAVE THE COMPLETE REPORTS WITH HIM, YOUR HONOR. THERE'S A DISTINCTION.

KEY QUOTE

# 3 THE COURT:

ALL RIGHT. WITH THE COURT REPORTER, PLEASE.

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

# 5 THE COURT:

WE'RE OVER AT THE SIDEBAR. MR. DARDEN, WHAT ELSE -- IS THERE ANYTHING ELSE WITH REGARDS TO THIS WITNESS OTHER THAN THE THREE PAGES OF THE REPORT?

# 6 MR. DARDEN:

THE FOURTH PAGE THAT JOHNNIE HAS.

# 7 MR. SHAPIRO:

DO YOU HAVE THIS? IS THAT THE SAME THING?

# 8 MR. COCHRAN:

THAT'S NOT THE WRITTEN REPORT. I'M TALKING ABOUT THE NARRATIVE REPORT. I'M JUST TALKING ABOUT THE NARRATIVE OF THE REPORT.

KEY QUOTE

# 9 THE COURT:

MR. COCHRAN APPEARS TO HAVE ALL THE MATERIALS?

# 10 MR. DARDEN:

YES.

# 11 THE COURT:

ALL RIGHT.

Temperature

procedural

Key Quotes (3)

Robert Shapiro

YOUR HONOR, MAY WE APPROACH, BECAUSE APPARENTLY I DO NOT HAVE THE COMPLETE REPORTS.

Triggers the sidebar; Shapiro flags a discovery/completeness issue mid-proceedings.

Christopher Darden

HE DOES NOT HAVE THE COMPLETE REPORTS WITH HIM, YOUR HONOR. THERE'S A DISTINCTION.

Darden immediately clarifies that the issue is physical possession at counsel table, not a discovery failure.

Johnnie Cochran

THAT'S NOT THE WRITTEN REPORT. I'M TALKING ABOUT THE NARRATIVE REPORT. I'M JUST TALKING ABOUT THE NARRATIVE OF THE REPORT.

Cochran distinguishes between report components, indicating the defense is tracking specific sections of the police reports.

Evidence (1)

Informal

Police report, including a narrative section and at least four pages

discussed — completeness of defense counsel's copy questioned and resolved

Notable Exchanges (2)

Robert Shapiro•Christopher Darden

Shapiro raises incomplete reports; Darden draws a quick distinction between not having reports at all versus not having them physically present at the bench.

strategic

Lance A. Ito•Christopher Darden

Judge confirms whether Cochran has all materials; Darden affirms yes, resolving the issue.

routine

Objections

None recorded

Proceeding 5530 • 11 utterances

Criminal Trial

Department 103