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 • Lines: 11

Shapiro initiated a brief sidebar by saying he apparently did not have the complete police reports. Darden responded that Shapiro did not have the complete reports with him and said there was a distinction. During the sidebar, Cochran distinguished the narrative report from the written report, and Darden agreed that Cochran appeared to have 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 responds that Shapiro does not have the complete reports with him and says there is a distinction, without establishing whether a discovery failure occurred.

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

Notable Exchanges (2)

Robert Shapiro•Christopher Darden

Shapiro says he apparently does not have the complete reports; Darden responds that Shapiro does not have the complete reports with him and says there is a distinction.

strategic

Lance A. Ito•Christopher Darden

Ito asks whether Cochran appears to have all the materials; Darden answers yes.

routine

Objections

None recorded

Proceeding 5530 • 11 lines

Criminal Trial

Department 103