📄 Sidebar: videotape evidence — Monday, March 6, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\6\SIDEBAR-VIDEOTAPE-EVIDENCE.DOC
TRIAL
▲ Day 31 of 167

Sidebar: videotape evidence

Date: Monday, March 6, 1995 • Utterances: 28
During a sidebar in the civil trial, Judge Ito and counsel debated whether a KCBS videotape showing OJ Simpson placing shoes in a car could be shown to the jury. The defense had previously been asked to obtain footage showing Simpson driving away, but the tape only showed him getting into the car and closing the door; the prosecution objected that they had not been shown the extended footage before it was offered into evidence. Ito dismissed the jury and ordered both the videotape and a separate smoking-related tape reviewed outside the jury's presence.
1 THE COURT:

WE ARE OVER AT THE SIDE BAR. MY RECOLLECTION IS THAT I SUSTAINED THE OBJECTION PRELIMINARILY BECAUSE THE VIDEOTAPE STOPS WITH HIM PUTTING THE SHOES IN THE CAR.

2 MR. COCHRAN:

YES. YOU ASKED US TO GO BACK AND TRY TO GET IT AND I THOUGHT WE REPRESENTED WITH COUNSEL PRESENT THAT ALL WE COULD SHOW IS HIM GETTING INSIDE THE CAR, NOT DRIVING AWAY. BLASIER DID THAT THAT SAME NIGHT AND I THOUGHT THEY GAVE HIM A COPY OF IT.

3 MS. CLARK:

NO, NO.

4 THE COURT:

MY RECOLLECTION IS THAT YOU INDICATED YOU WERE GOING TO GET THE VIDEOTAPE TO SHOW HIM DRIVING OFF BECAUSE THAT WAS THE POINT.

5 MR. COCHRAN:

THE VIDEOTAPE -- I THINK WHAT HAPPENS YOU ASKED US IF YOU -- FIRST OF ALL, YOUR HONOR, WE TRIED TO COMPLY WHAT YOU ASKED TO US DO. WE WENT THAT SAME NIGHT AND WE -- I THOUGHT WE HAD INDICATED TO YOU THAT THE INDICATION WAS THAT ALL THE TAPE WE HAD SHOWS WAS HIM GETTING INSIDE THE CAR, CLOSING THE DOOR. IT DOESN'T HAVE HIM DRIVING OFF. BUT THIS SHOWS THAT THE SHOES INSIDE THE CAR, SO IT IS EXACTLY THE SAME VIDEO, THEY HAVE SEEN IT, AND IT IS ONLY A VERY LITTLE BIT AFTERWARDS. THEY SHOWED VIDEOS, JUDGE, OF THE MOST OUTRAGEOUS THINGS WITHOUT ANY FOUNDATION OR ANYTHING. EVERY TIME WE WANT TO SHOW A VIDEO WE HAVE GOT TO GO THROUGH HOOPS.

6 THE COURT:

MR. COCHRAN, IT IS NOT JUMPING THROUGH HOOPS AND IT JUST THAT THE TAPE ABRUPTLY ENDS AND IT DOESN'T SHOW HIM LEAVING THE SCENE.

7 MR. COCHRAN:

YOU ASKED US TO DO WHAT WE DID AND THE REPRESENTATION WE HAD -- AND I WILL HAVE BLASIER COME UP HERE -- IS WHAT HAPPENS IS HE GETS IN THE CAR AND CLOSES THE DOOR AND I DON'T KNOW IF IT SHOWS HIM DRIVING OFF, BUT HE IS INSIDE THE CAR.

8 MS. CLARK:

WE HAVE NOT SEEN THAT ADDITIONAL PORTION, WHICH IS EXACTLY WHY THE COURT SUSTAINED THE OBJECTION.

9 THE COURT:

LET'S DO THIS: WE'VE GOT TO QUIT FOR THE JURY.

10 MR. COCHRAN:

WITH REGARD TO THE SID QUESTION, CAN YOU REPRESENT WHAT YOU DID AFTER THE COURT'S REMARKS THE OTHER DAY?

11 MR. BLASIER:

I WENT AND GOT THE MASTER TAPE, KCBS TAPE THAT WE SUBMITTED BEFORE WE PUT OUT THE COPIES A LONG TIME AGO. THIS CLIP IS ON THE END OF THAT.

12 THE COURT:

ALL RIGHT. DOES IT --

13 MR. COCHRAN:

SO I DON'T KNOW WHY I CAN'T SHOW IT, YOUR HONOR.

14 THE COURT:

WELL, WE ARE GOING TO LET THE JURY GO AND THEN WE WILL ARGUE ABOUT IT.

15 MR. COCHRAN:

WHAT IS THERE TO ARGUE ABOUT?

KEY QUOTE
16 THE COURT:

BECAUSE IT JUST STOPS. IF IT SHOWS THE GUY CLOSING THE DOOR AND DRIVING OFF --

17 MR. COCHRAN:

WHAT DOES IT SHOW?

18 MR. BLASIER:

I HAVEN'T SEEN THE END OF IT LATELY.

KEY QUOTE
19 THE COURT:

REMEMBER, WE TALKED ABOUT THIS.

20 MR. COCHRAN:

HE WENT AND DID WHAT YOU ASKED HIM TO DO, AS BEST HE COULD.

21 MS. CLARK:

IT IS NOT FAIR, YOUR HONOR. HE IS NOT SHOWING THESE THINGS BEFORE HE MARKS THEM.

KEY QUOTE
22 THE COURT:

I'M GOING TO LET THE JURY GO AND WE WILL TAKE A LOOK AT IT.

23 MR. COCHRAN:

ALL RIGHT. ALL RIGHT. ALL RIGHT.

24 MS. CLARK:

MAY I ASK, WHILE WE ARE HERE, ALSO, IF COUNSEL HAS SOME VIDEOTAPE CONCERNING SMOKING, WE WOULD LIKE TO SEE THAT. HE RAISED THAT ISSUE WITH DETECTIVE LANGE.

25 THE COURT:

WELL, WE WILL SEE.

26 MS. CLARK:

LET'S DO IT ALL NOW.

27 THE COURT:

LET'S LET THE JURY GO FIRST AND THEN WE WILL ARGUE ABOUT IT.

28 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN, AS FAR AS THE JURY IS CONCERNED, I'M GOING TO STAND IN RECESS NOW UNTIL TOMORROW MORNING AT NINE O'CLOCK. I NEED TO LOOK AT SOME VIDEOTAPES OUT OF YOUR PRESENCE. REMEMBER MY ADMONITION TO YOU. DON'T DISCUSS THE CASE AMONG YOURSELVES, DON'T FORM ANY OPINIONS ABOUT THE CASE, DON'T LET ANYBODY CONTACT OR COMMUNICATE WITH YOU WITH REGARD TO THE CASE, NOR ARE YOU TO PERFORM ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN FINALLY SUBMITTED TO YOU. ALL RIGHT. WE WILL SEE YOU BACK HERE TOMORROW MORNING AT NINE O'CLOCK. ALL RIGHT. DEPUTY MAGNERA, LET'S TAKE THE JURY OUT AND THEN WE WILL RECONVENE FOR DNA ISSUES AND VIDEOTAPES.

Temperature

tense

Key Quotes (4)

Johnnie Cochran
THEY SHOWED VIDEOS, JUDGE, OF THE MOST OUTRAGEOUS THINGS WITHOUT ANY FOUNDATION OR ANYTHING. EVERY TIME WE WANT TO SHOW A VIDEO WE HAVE GOT TO GO THROUGH HOOPS.
Cochran venting frustration at perceived asymmetry in evidentiary standards between prosecution and defense.
Marcia Clark
IT IS NOT FAIR, YOUR HONOR. HE IS NOT SHOWING THESE THINGS BEFORE HE MARKS THEM.
Clark's core objection — defense is attempting to introduce evidence without prior disclosure to the prosecution.
Robert Blasier
I HAVEN'T SEEN THE END OF IT LATELY.
Revealing admission that even the defense attorney who retrieved the tape was uncertain of its contents.
Johnnie Cochran
WHAT IS THERE TO ARGUE ABOUT?
Illustrates Cochran's impatience and the friction with Ito over the admissibility dispute.

Evidence (2)

Informal
KCBS master videotape showing OJ Simpson placing shoes in a car and getting inside; previously submitted copy did not show him driving away
discussed, admissibility contested, referred to in-camera review
Informal
Videotape concerning smoking, referenced in connection with Detective Lange's testimony
requested by prosecution for review

Notable Exchanges (3)

Lance A. ItoJohnnie Cochran
Ito reminded Cochran that the original objection was sustained because the tape didn't show Simpson driving away; Cochran pushed back that the defense complied as best they could and questioned why further argument was needed.
tense
Marcia ClarkJohnnie Cochran
Clark objected that the defense was not disclosing videotapes before attempting to mark them; Cochran countered that the prosecution had introduced videos without proper foundation.
heated
Lance A. ItoRobert Blasier
Blasier confirmed he retrieved the KCBS master tape the same night as instructed but admitted he hadn't recently reviewed the end of the tape.
procedural

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 5177 • 28 utterances
Criminal Trial
Department 103
⚖️ Start
📂 MAR 6, 1995 📄 Sidebar: videotape evidence
MAR 6, 1995 KRT DvH TD