Sidebar: exhibit 101 videotape

📄 Sidebar: exhibit 101 videotape — Tuesday, March 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\7\SIDEBAR-EXHIBIT-101-VIDEOTAPE.DOC

TRIAL

▲ Day 32 of 167

◀ Redirect examination of Det. Tom Lange (afternoon, part 3) Afternoon recess ▶

Date: Tuesday, March 7, 1995 • Utterances: 25

The prosecution sought to introduce a videotape (People's 101) showing officers rolling up crime scene tape and walking up the bloody walkway at Bundy, arguing it would rebut defense claims of crime scene contamination by showing the walkway footage was taken after the scene was officially closed. Cochran objected on relevance and foundation grounds, noting the tape was only disclosed to the defense the day before and had not been shown to the current witness, Detective Lange. Judge Ito deferred ruling, opting to review the tape privately before hearing argument.

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

# 2 THE COURT:

OKAY. WE ARE OVER AT THE SIDE BAR. MISS CLARK, REFRESH MY RECOLLECTION. WHAT DOES THIS TAPE SAY?

# 3 MS. CLARK:

THIS TAPE IS -- WHAT IT SHOWS IS REMEMBER THE STILL THAT WAS TAKEN FROM AMERICAN JOURNAL SHOWING THE OFFICER WALKING UP THE BLOODY WALKWAY?

# 4 THE COURT:

UH-HUH.

# 5 MS. CLARK:

OKAY. THAT WAS A STILL TAKEN FROM THE VIDEO AND WE HAVE -- THE CAMERAMAN IS GOING TO BE COMING, HE IS OUT OF TOWN TODAY, BUT I CAN SUBMIT AN OFFER OF PROOF TO THE COURT WE WILL AUTHENTICATE COMPLETELY THIS VIDEOTAPE. HE BROUGHT IT INTO MY OFFICE AND INDICATED HE WAS THE ONE WHO SHOT THE FOOTAGE AND SHOT IT IN SEQUENCE AND WILL TESTIFY TO THE FOUNDATION FOR IT. I AM ASKING AT THIS TIME TO SHOW IT TO DETECTIVE LANGE. IT SHOWS HIM THEM ROLLING UP THE CRIME SCENE TAPE AND CLOSING DOWN THE CRIME SCENE, AFTER WHICH THE OFFICERS WALK UP THE WALKWAY.

# 6 MR. COCHRAN:

FIRST OF ALL -- FIRST OF ALL, THE FIRST TIME WE SAW THIS WAS YESTERDAY AND I WOULD LIKE AN OPPORTUNITY TO ARGUE THIS, YOUR HONOR, FROM THE STANDPOINT OF RELEVANCE WITH LANGE. IT HAS NOTHING TO DO WITH LANGE ANYWAY AND I NEVER SHOWED THAT PHOTOGRAPH TO LANGE. I ASKED PHILLIPS, OR ONE OF THE OTHER OFFICERS. YOU ALLOWED ME ONE QUESTION, WHETHER YOU RECOGNIZED THIS OFFICER. THAT IS ALL THAT HAS BEEN ASKED. IT HAS NOTHING TO DO WITH LANGE. SO I OBJECT BECAUSE I WOULD LIKE AN OPPORTUNITY TO DISCUSS AND ARGUE WITH THE COURT AT THE APPROPRIATE TIME WITH REGARD TO FOUNDATION AND EVERYTHING ELSE. WE SAW IT YESTERDAY AFTERNOON. I GOT IT YESTERDAY AFTERNOON.

# 7 MS. CLARK:

YOUR HONOR, COUNSEL INDICATED TO ME YESTERDAY THAT HE THOUGHT "IT WOULD HELP ME" AND THAT HE WASN'T GOING TO -- HE FELT IT WAS NOT A PROBLEM AND THAT IS WHY I THOUGHT THERE WOULD BE NO ARGUMENT ABOUT THIS.

KEY QUOTE

# 8 MR. COCHRAN:

THERE IS AN ARGUMENT.

KEY QUOTE

# 9 MS. CLARK:

CAN YOU LET ME FINISH, PLEASE, MR. COCHRAN?

# 10 MR. COCHRAN:

THERE IS AN ARGUMENT.

KEY QUOTE

# 11 MS. CLARK:

I DO HAVE THE CAMERAMAN, WHO WILL BE PRESENT, TO LAY THE FOUNDATION. AS AN OFFICER OF THE COURT I CAN ASSURE THE COURT OF THAT, SO THERE WILL BE NOT BE A FOUNDATIONAL PROBLEM.

# 12 THE COURT:

ALL RIGHT.

# 13 MS. CLARK:

BUT THE JURY HAS BEEN SHOWN THIS STILL TAKEN OUT OF CONTEXT.

# 14 THE COURT:

YOU KNOW, MISS CLARK, YOU WILL HAVE TO FORGIVE ME FOR MY FAULTY RECOLLECTION. I DON'T RECALL THAT WE SHOWED THAT PHOTOGRAPH TO THIS OFFICER.

# 15 MR. COCHRAN:

I DID NOT. I SHOWED TO IT AN EARLIER OFFICER.

# 16 THE COURT:

YEAH.

# 17 MS. CLARK:

NO, COUNSEL -- NO, COUNSEL DIDN'T. THAT'S RIGHT. DIDN'T SHOW IT TO DETECTIVE LANGE. UNFORTUNATELY, HE DID SHOW TO IT OTHERS.

# 18 MR. COCHRAN:

I SHOWED TO IT ONE OTHER.

# 19 MS. CLARK:

THE CONTAMINATION OF THE CRIME SCENE IS SOMETHING THAT HAS BEEN RAISED AND RERAISED ON COUNSEL'S CROSS-EXAMINATION WITH DETECTIVE LANGE AND THIS GOES TO THE VERY HEART OF THAT ISSUE, THAT EVIDENCE THAT THEY SHOW WAS CONTAMINATED WAS NOT MAINTAINED BY SHOWING AN OFFICER MARCHING UP THE WALKWAY IS IN FACT TAKEN OUT OF CONTEXT AFTER THE CRIME SCENE WAS BROKEN DOWN, RELATIVE TO DETECTIVE LANGE'S TESTIMONY IN RESPONSE TO THESE ALLEGATIONS OF CONTAMINATION OF A CRIME SCENE IN ORDER TO SHOW THAT THAT OCCURRED, THOSE EVENTS OCCURRED. WE HAVE BEEN TALKING IN GENERAL ABOUT HOW THE INVESTIGATION WAS CONDUCTED.

KEY QUOTE

# 20 THE COURT:

ALL RIGHT. I WOULD LIKE TO SEE THE VIDEOTAPE BEFORE WE PLAY IT.

# 21 MR. COCHRAN:

I WOULD LIKE TO ARGUE IT BECAUSE I NEVER SHOWED IT TO THIS PARTICULAR OFFICER AT ALL. I WOULD LIKE TO HAVE AN OPPORTUNITY TO ARGUE THAT BECAUSE THERE IS NO RELEVANCE REGARDING THIS OFFICER. AS FAR AS CRIME SCENE CONTAMINATION, WE HAVE SHOWED THE ENTIRE VIDEO WHICH THEY HAVE NOW USED, SO SHE HAS TRIED TO EXPLAIN IT. I HAVE A RIGHT TO GO BACK. FURTHERMORE, I DON'T THINK WE ARE GOING TO FINISH WITH THEM TODAY.

# 22 THE COURT:

WELL, I'M GOING TO PROBABLY KICK THE JURY LOOSE RIGHT NOW BECAUSE I WANT TO SEE THE VIDEOTAPE AND THEN WE CAN HEAR ARGUMENT.

KEY QUOTE

# 23 MR. COCHRAN:

THANK YOU, JUDGE.

# 24 MS. CLARK:

I WILL RESERVE FURTHER COMMENT FOR LATER.

# 25 THE COURT:

YEAH, OKAY. ALL RIGHT.

Temperature

tense

Key Quotes (4)

Marcia Clark

THE CONTAMINATION OF THE CRIME SCENE IS SOMETHING THAT HAS BEEN RAISED AND RERAISED ON COUNSEL'S CROSS-EXAMINATION WITH DETECTIVE LANGE AND THIS GOES TO THE VERY HEART OF THAT ISSUE, THAT EVIDENCE THAT THEY SHOW WAS CONTAMINATED WAS NOT MAINTAINED BY SHOWING AN OFFICER MARCHING UP THE WALKWAY IS IN FACT TAKEN OUT OF CONTEXT AFTER THE CRIME SCENE WAS BROKEN DOWN

Clark's core argument: the videotape would prove the defense's contamination photo was misleading, showing the walkway was accessed only after the crime scene was already closed down.

Marcia Clark

COUNSEL INDICATED TO ME YESTERDAY THAT HE THOUGHT 'IT WOULD HELP ME' AND THAT HE WASN'T GOING TO -- HE FELT IT WAS NOT A PROBLEM AND THAT IS WHY I THOUGHT THERE WOULD BE NO ARGUMENT ABOUT THIS.

Clark claims Cochran privately signaled he wouldn't oppose the tape, making his courtroom objection appear inconsistent with his prior statement.

Johnnie Cochran

THERE IS AN ARGUMENT.

Cochran's blunt, twice-repeated interruption while Clark was speaking signals his intent to fight admission of this tape despite any prior informal conversation.

Lance A. Ito

I'M GOING TO PROBABLY KICK THE JURY LOOSE RIGHT NOW BECAUSE I WANT TO SEE THE VIDEOTAPE AND THEN WE CAN HEAR ARGUMENT.

Ito exercises caution, refusing to allow the tape to be shown to the jury without first reviewing it himself — a measured, fair procedural call.

Evidence (2)

People's 101

Videotape shot by a cameraman (from American Journal) showing officers rolling up crime scene tape and walking up the bloody walkway at Bundy after the crime scene was officially closed

Prosecution sought to introduce; Cochran objected; Ito deferred pending personal review

Informal

Still photograph taken from the American Journal videotape showing an officer walking up the bloody walkway — previously shown to another officer on cross-examination

Referenced as the basis for the contamination allegation the videotape was meant to rebut

Notable Exchanges (2)

Marcia Clark•Johnnie Cochran

Clark accused Cochran of privately telling her the tape 'would help' him and wouldn't be a problem, only to object in court. Cochran interrupted her twice mid-sentence with 'There is an argument,' refusing to let the prior statement stand unchallenged.

tense / adversarial

Lance A. Ito•Marcia Clark•Johnnie Cochran

Ito admitted he didn't recall the photograph being shown to Lange; Cochran confirmed he showed it to an earlier officer; Clark conceded the point but maintained the tape was still relevant to rebut contamination allegations raised generally during Lange's cross.

clarifying / procedural

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 5199 • 25 utterances

Criminal Trial

Department 103