📄 Sidebar: theory of case — Tuesday, March 7, 1995
📅 Mar 7 — Day 32
⚖️ Lance A. Ito🏛️ Marcia Clark🛡️ Johnnie Cochran
jurypolice_proceduretimeline
Address:
C:\DEPT103\CRIMINAL\1995\MAR\7\SIDEBAR-THEORY-OF-CASE.DOC
TRIAL
▲ Day 32 of 167

Sidebar: theory of case

Date: Tuesday, March 7, 1995 • Utterances: 23
During redirect examination, Cochran objected that Clark's question asking the detective about his 'theory of the case' would improperly call for a conclusion on OJ Simpson's guilt or innocence. Clark acknowledged the question was too broad and agreed to narrow it. The sidebar resolved with Clark agreeing to rephrase and Darden offering to instruct the witness not to voice any opinion on guilt or innocence.
1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)
2 THE COURT:

ALL RIGHT. MR. COCHRAN, WHAT IS YOUR OBJECTION?

3 MR. COCHRAN:

THIS IS A QUESTION FOR THE JURY AS TO THE THEORY OF THIS CASE. YESTERDAY HE TOLD US ON DIRECT EXAMINATION SOMETHING ABOUT BELIEVING THAT THIS WAS -- THAT NICOLE TALKING ABOUT -- I ASKED WHETHER OR NOT HE BELIEVED THAT NICOLE BROWN SIMPSON HAD BEEN KILLED FIRST BASED ON WHAT HE SAID ON DIRECT AND HE BACKED OFF THAT, BUT AS TO HIS THEORY, I NEVER WENT INTO WHAT HIS THEORY WAS. HIS THEORY IS IRRELEVANT AND IMMATERIAL. THE ULTIMATE THING IS WHAT THIS JURY THINGS. HE CAN'T GIVE HIS OPINION THAT HE THINKS HE IS GUILTY OR WHATEVER. HOW IS THAT GOING TO SERVE AND HELP US? THEY ARE THE ONE TO FILED THE CHARGES. I OBJECT TO THIS. IT IS TOTALLY IRRELEVANT, IMMATERIAL, IMPROPER, PREJUDICIAL, 352, BEYOND THE SCOPE OF MY CROSS ALSO, AND THIS IS REDIRECT.

4 MS. CLARK:

THERE WAS SUBSTANTIAL AMOUNT OF CROSS-EXAMINATION AS TO WHETHER OR NOT HE PURSUED THE THEORY THAT IT WAS DRUG-RELATED, WHETHER OR NOT HE PURSUED THE THEORY THAT IT WAS MORE THAN ONE KILLER AND WHAT THE -- WHAT WAS THE MANNER WHICH HE CONDUCTED THE INVESTIGATION BASED ON WHAT THEORY HE HAD, AND DID HE EVER PURSUE THE THEORY THAT RON GOLDMAN WAS ACTUALLY THE TARGET. THE COURT WILL RECALL THERE WAS A SUBSTANTIAL AMOUNT OF QUESTIONING ON THAT AREA.

5 THE COURT:

UH-HUH.

6 MS. CLARK:

AND I THINK THAT FAIR REDIRECT IT IS FAIR REDIRECT TO INQUIRE INTO, NOT NECESSARILY THE GUILT OF THE DEFENDANT, BUT MAYBE WHAT I NEED TO DO IS NARROW THE QUESTION A LITTLE MORE. IT IS TOO BROAD.

7 THE COURT:

BECAUSE I THOUGHT YOUR QUESTION WAS GOING TO LEAD TO AN ANSWER, WELL, MY OPINION IS THAT YOUR CLIENT DID IT.

KEY QUOTE
8 MS. CLARK:

UH-HUH.

9 THE COURT:

MR. SIMPSON DID IT FOR THESE REASONS.

10 MS. CLARK:

UH-HUH.

11 THE COURT:

SO THE QUESTION WAS CALLING FOR A CONCLUSION AS TO GUILT OR INNOCENCE.

12 MR. COCHRAN:

CERTAINLY WAS.

13 THE COURT:

THE WAY I READ THE QUESTION.

14 MS. CLARK:

RIGHT, AND I DIDN'T MEAN TO DO THAT. THAT IS IMPROPER. WHAT I MEANT TO DO WAS CONFINE IT AND MAKE IT MORE SPECIFIC.

KEY QUOTE
15 THE COURT:

BE VERY CAREFUL HERE.

16 MR. COCHRAN:

MAY I ASK THAT THE WITNESS BE INSTRUCTED, BECAUSE THEY HAVE OBVIOUSLY MET OVER THE LUNCH HOUR. SHE ASKED THE QUESTION. HE MAY BE TIMING THE ANSWER ON THE PARTICULAR QUESTION. EXTREMELY PREJUDICIAL BECAUSE I'M GOING TO BE OBJECTING IN THIS AREA.

KEY QUOTE
17 THE COURT:

I'M ADMONISHING -- NOT ADMONISHING, BUT GIVING HER GUIDANCE TO BE VERY CAREFUL AS TO HOW SHE PHRASES THE QUESTION.

18 MR. COCHRAN:

THE PROBLEM IS, YOUR HONOR, YOU CAN GIVE HER GUIDANCE, BUT HE IS NOT LISTENING TO THIS. HE IS AN EXPERIENCED WITNESS WHO WAS EARLIER ANSWERING QUESTIONS BEFORE YOU ADMONISHED HIM.

19 MR. DARDEN:

WOULD YOU LIKE ME TO TELL THE WITNESS NOT TO VOICE ANY OPINION AS TO GUILT OR INNOCENCE? I CAN DO THAT.

20 MS. CLARK:

I CAN PUT IT IN MY QUESTION AND I WILL.

21 THE COURT:

OKAY. ALL RIGHT.

22 MS. CLARK:

OKAY.

23 THE COURT:

ALL RIGHT.

Temperature

tense

Key Quotes (4)

Johnnie Cochran
HE CAN'T GIVE HIS OPINION THAT HE THINKS HE IS GUILTY OR WHATEVER. HOW IS THAT GOING TO SERVE AND HELP US? THEY ARE THE ONE TO FILED THE CHARGES.
Cochran frames the core objection: a detective's opinion on guilt usurps the jury's role and is inherently prejudicial.
Lance A. Ito
BECAUSE I THOUGHT YOUR QUESTION WAS GOING TO LEAD TO AN ANSWER, WELL, MY OPINION IS THAT YOUR CLIENT DID IT. MR. SIMPSON DID IT FOR THESE REASONS.
The judge articulates precisely why the question was improper, showing he had already anticipated where it was headed.
Marcia Clark
RIGHT, AND I DIDN'T MEAN TO DO THAT. THAT IS IMPROPER. WHAT I MEANT TO DO WAS CONFINE IT AND MAKE IT MORE SPECIFIC.
Rare concession from Clark that her own question crossed a line, defusing the objection quickly.
Johnnie Cochran
MAY I ASK THAT THE WITNESS BE INSTRUCTED, BECAUSE THEY HAVE OBVIOUSLY MET OVER THE LUNCH HOUR. SHE ASKED THE QUESTION. HE MAY BE TIMING THE ANSWER ON THE PARTICULAR QUESTION.
Cochran implies the witness was coached at lunch to be ready with a guilt opinion — a pointed accusation of prosecutorial gamesmanship.

Notable Exchanges (2)

Johnnie CochranMarcia ClarkLance A. Ito
Cochran objects that Clark's redirect question about the detective's 'theory of the case' would elicit an improper guilt opinion. Clark concedes the point and agrees to rephrase. Cochran then escalates by suggesting the witness was coached over the lunch break.
strategic
Christopher DardenMarcia Clark
Darden offers to go instruct the witness not to voice any opinion on guilt or innocence; Clark says she will handle it through the phrasing of her question instead.
procedural

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 5197 • 23 utterances
Criminal Trial
Department 103
⚖️ Start
📂 MAR 7, 1995 📄 Sidebar: theory of case
MAR 7, 1995 KRT DvH TD