Sidebar: drug murders

📄 Sidebar: drug murders — Tuesday, March 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\7\SIDEBAR-DRUG-MURDERS.DOC

TRIAL

▲ Day 32 of 167

◀ Redirect examination of Det. Tom Lange (afternoon, part 1) Redirect examination of Det. Tom Lange (afternoon, part 2) ▶

Date: Tuesday, March 7, 1995 • Utterances: 14

During cross-examination of a detective, Cochran apparently raised a drug-related murder theory, which Clark sought to rebut on redirect by having the detective explain why he concluded the murders were NOT drug-related. Cochran objected to Clark's follow-up question as irrelevant. The judge flagged that allowing Clark's redirect would reopen the door to Faye Resnick testimony, which Cochran appeared satisfied with — suggesting his objection was tactical rather than substantive.

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

# 2 THE COURT:

ALL RIGHT. WE ARE OVER AT THE SIDE BAR. MR. COCHRAN.

# 3 MR. COCHRAN:

OBJECT TO THE FORM OF THAT QUESTION, IRRELEVANT AND IMMATERIAL, WHAT YOU LOOK FOR. THE QUESTION WAS WHETHER OR NOT IT IS DRUG-RELATED VIS-A-VIS THIS CASE, NOT WHAT HAPPENED IN THE OTHER 113 CASES WHAT YOU LOOK FOR. HE HAS ALREADY TOLD US. THE REASON THE QUESTION WAS A BAD ONE BEFORE, THAT HE DID A SUPERFICIAL JOB IS THE WORDS HE USED, INVESTIGATION, SO I OBJECT.

# 4 THE COURT:

MISS CLARK.

# 5 MS. CLARK:

YES. COUNSEL IS ASKING WHETHER OR NOT THIS -- THIS COULD HAVE BEEN A DRUG-RELATED HOMICIDE. HE HAS OPENED UP THE DOOR TO THIS DETECTIVE'S OPINION AS TO WHAT A DRUG-RELATED HOMICIDE LOOKS LIKE TO HIM AND WHY HE CONCLUDED THAT IT WAS NOT DRUG-RELATED. AND I CERTAINLY HAVE LAID A FOUNDATION FOR HIS EXPERTISE IN THE AREA.

KEY QUOTE

# 6 THE COURT:

UH-HUH.

# 7 MS. CLARK:

ALL I'M ASKING TO DO IS EXPLAIN HIS ANSWER TO MR. COCHRAN, WHICH HE WAS NOT PERMITTED TO DO ON CROSS, AS TO WHY HE DREW THE CONCLUSIONS HE DID.

# 8 THE COURT:

UH-HUH. BUT THEN WE ARE GOING TO REDIRECT INTO -- OKAY. MR. COCHRAN.

# 9 MR. COCHRAN:

IF I AM ALLOWED TO GO BACK ON REDIRECT BECAUSE --

# 10 THE COURT:

I WAS ABOUT TO SAY WE ARE GOING TO GET BACK INTO FAYE RESNICK THEN.

KEY QUOTE

# 11 MS. CLARK:

YOUR HONOR, HE HAS ALREADY OPENED THE DOOR THERE.

# 12 THE COURT:

OKAY.

# 13 MS. CLARK:

IF I DON'T EXPLAIN IT --

# 14 MR. COCHRAN:

THANK YOU, YOUR HONOR. THANK YOU, YOUR HONOR.

KEY QUOTE

Temperature

tense

Key Quotes (4)

Johnnie Cochran

THE REASON THE QUESTION WAS A BAD ONE BEFORE, THAT HE DID A SUPERFICIAL JOB IS THE WORDS HE USED, INVESTIGATION, SO I OBJECT.

Cochran characterizes the detective's prior investigation as superficial — his objection is wrapped in an attack on the detective's credibility.

Marcia Clark

COUNSEL IS ASKING WHETHER OR NOT THIS -- THIS COULD HAVE BEEN A DRUG-RELATED HOMICIDE. HE HAS OPENED UP THE DOOR TO THIS DETECTIVE'S OPINION AS TO WHAT A DRUG-RELATED HOMICIDE LOOKS LIKE TO HIM AND WHY HE CONCLUDED THAT IT WAS NOT DRUG-RELATED.

Clark invokes the 'open the door' doctrine, arguing Cochran's own cross-examination created the right for this redirect.

Lance A. Ito

I WAS ABOUT TO SAY WE ARE GOING TO GET BACK INTO FAYE RESNICK THEN.

The judge identifies the downstream consequence of allowing the redirect — it would reopen the volatile Faye Resnick avenue, which the defense may actually want.

Johnnie Cochran

THANK YOU, YOUR HONOR. THANK YOU, YOUR HONOR.

Cochran thanks the judge twice — suggesting the judge's Faye Resnick observation effectively killed Clark's redirect or at least signaled sympathy with the defense position.

Notable Exchanges (2)

Marcia Clark•Lance A. Ito

Clark argues she has the right to rehabilitate the detective's conclusion on redirect because Cochran opened the door on cross. The judge acknowledges her point but raises the Faye Resnick complication, effectively warning that the cure may be worse than the disease for the prosecution.

strategic

Johnnie Cochran•Lance A. Ito

Cochran's double 'thank you' after the judge raises Faye Resnick suggests Cochran may have strategically used the objection knowing the judge would flag the Resnick door — turning a procedural skirmish into a tactical win.

strategic

Credibility Attacks (1)

⚔ unnamed detective

characterization of methodology

Cochran describes the detective's prior investigation as 'superficial' and attacks his use of the word 'investigation,' suggesting the work did not merit the label.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 5195 • 14 utterances

Criminal Trial

Department 103