📄 Sidebar — Tuesday, March 7, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\7\SIDEBAR.DOC
TRIAL
▲ Day 32 of 167

Sidebar

Date: Tuesday, March 7, 1995 • Utterances: 25
Defense counsel Cochran asks Judge Ito to admonish Detective Lange for volunteering answers before rulings on objections, arguing an experienced 28-year officer should know better. The sidebar then shifts to a dispute over whether Lange can testify about coroner procedures and time-of-death determinations — Judge Ito sustains the objection, ruling the testimony is beyond Lange's expertise and amounts to hearsay and speculation.
1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)
2 THE COURT:

WE ARE OVER AT SIDEBAR.

3 MR. COCHRAN:

YOUR HONOR, WHEN WE WERE HERE BEFORE -- I ASKED TO COME FIRST. YOUR HONOR, WHEN WE WERE HERE BEFORE, I ASKED YOUR HONOR TO ADMONISH DETECTIVE LANGE. AND THE JURY -- IF YOU WATCH THE JURY, THEY'RE NOT IMPRESSED WITH THIS. HE KEEPS VOLUNTEERING ANSWERS. THIS IS AN EXPERIENCED WITNESS. AND I ASKED YOU BEFORE TO ADMONISH HIM TO STOP ANSWERING QUESTIONS THAT QUICKLY. THIS IS SOME KIND OF A ROUTINE THEY'VE ADOPTED. I THINK IT'S UNFAIR. HE'S DONE THAT THREE OR FOUR TIMES TODAY. IT'S NOT RIGHT, YOUR HONOR. I WOULD ASK YOU TO ADMONISH HIM.

4 THE COURT:

I THINK THE ANSWER WAS YES, WHICH HARDLY IS VOLUNTEERING INFORMATION.

KEY QUOTE
5 MR. COCHRAN:

BUT, YOUR HONOR, THERE WAS AN OBJECTION. AND THIS IS AN EXPERIENCED WITNESS. HE'S VOLUNTEERING -- BECAUSE HE KNOWS NOT TO ANSWER UNTIL THERE'S A RULING. HE'S BEEN AN OFFICER 28 YEARS. HE KNOWS NOT TO ANSWER UNTIL YOU HAVE A CHANCE TO RULE.

6 THE COURT:

I'LL INSTRUCT HIM.

7 MR. COCHRAN:

THANK YOU, YOUR HONOR.

8 THE COURT:

MISS CLARK.

9 MS. CLARK:

YES. COUNSEL WENT INTO SOME LENGTH, GREAT LENGTH --

10 THE COURT:

MISS CLARK, EXCUSE ME. LET ME JUST CUT TO THE CHASE. FORGIVE ME FOR INTERRUPTING. THE CHASE IS, YOU'RE ASKING HIM QUESTIONS CALLING FOR HIM TO SPECULATE ABOUT WHAT CORONERS DO AND TESTIFY TO, AND THAT'S REALLY NOT -- THAT'S BEYOND HIS EXPERTISE. TELLING US WHAT CORONERS TESTIFY TO IS HEARSAY AND IT'S SPECULATION.

11 MS. CLARK:

I UNDERSTAND. AND THE ONLY REASON I'M EVEN GOING INTO IT -- I MEAN THERE'S NO ARGUMENT WITH THAT, YOUR HONOR. BUT HIS STATE OF MIND IN THIS SITUATION HAS BEEN CALLED INTO SUBSTANTIAL QUESTION, ESPECIALLY WITH RESPECT TO WHEN THE CORONER WAS CALLED. BUT HIS KNOWLEDGE AND UNDERSTANDING --

12 THE COURT:

WAIT. ISN'T THE LOGICAL QUESTION IF YOU HAD CALLED --

13 MR. COCHRAN:

WELL, YOUR HONOR --

14 THE COURT:

NO. HOLD ON, MR. COCHRAN. THE ONLY THING THAT WOULD BE OF INTEREST HERE IS THAT. IF HE COULD HAVE CALLED HIM AT 4:30, HOW LONG WOULD IT HAVE BEEN BEFORE THEY COULD HAVE MOVED THE BODY? THE ONLY POINT IS, IF HE COULD HAVE CALLED HIM AT 4:30, WHETHER OR NOT THEY COULD HAVE MORE EASILY DETERMINED CAUSE OF DEATH OR ANYTHING LIKE THAT. BEYOND THIS WITNESS' SCOPE OF EXPERTISE.

15 MS. CLARK:

WELL, NOT REALLY. IN THIS -- JUST IN THIS -- WELL --

16 THE COURT:

YES, IT IS.

17 MS. CLARK:

LET ME -- I'M JUST TALKING ABOUT WHAT HIS UNDERSTANDING WAS, HIS BELIEF. YOU KNOW, PART OF THE ISSUE IS WHAT THE COURT HAS POINTED OUT, THAT, YOU KNOW -- BUT THE OTHER PART OF THE ISSUE IS THE KNOWLEDGE OF THE HOMICIDE COP, THAT NO MATTER -- WHETHER IT'S ALREADY WHAT, FOUR HOURS, SINCE THE BODIES HAVE BEEN DISCOVERED, NO MATTER WHETHER HE CALLS THEM NOW OR HE CALLS THEM AT THREE OR FOUR HOURS FROM NOW, THEY'RE STILL NOT GOING TO BE ABLE TO GIVE A BETTER RANGE THAN TWO OR THREE HOURS.

18 THE COURT:

HE'S NOT QUALIFIED TO TELL US THAT.

19 MS. CLARK:

ALL HE'S SAYING -- I'M NOT EVEN ASKING FOR THE TRUTH OF THE MATTER HERE. I'M SAYING, WHAT HIS STATE OF MIND IS, HE KNOWS CERTAIN THINGS AND THAT BASED ON HIS KNOWLEDGE, HE CONDUCTED THE INVESTIGATION A CERTAIN WAY. COUNSEL HAS GONE INTO GREAT LENGTH TO IMPEACH THAT STATE OF MIND AND HIS EXPERTISE, AND HE HAS A REASON FOR WHAT HE DID. WHETHER HE'S RIGHT OR WRONG DOESN'T MATTER. IT'S WHETHER IT'S TRUE OR NOT.

20 THE COURT:

I'LL SUSTAIN THE OBJECTION BECAUSE IT'S BEYOND THIS GUY'S EXPERTISE TO TESTIFY TO THIS.

KEY QUOTE
21 MR. COCHRAN:

THANK YOU, YOUR HONOR.

22 MS. CLARK:

IT'S NOT EVEN BASED ON STATE OF MIND.

23 MR. COCHRAN:

CAN WE FINISH? HOW LONG? WILL IT BE THE REST OF THE MORNING?

24 THE COURT:

I ASSUME SO.

25 MR. COCHRAN:

ALL RIGHT. THANK YOU.

Temperature

procedural

Key Quotes (4)

Johnnie Cochran
HE'S BEEN AN OFFICER 28 YEARS. HE KNOWS NOT TO ANSWER UNTIL YOU HAVE A CHANCE TO RULE.
Cochran frames the volunteering as deliberate misconduct by an experienced witness, not an innocent mistake.
Lance A. Ito
I THINK THE ANSWER WAS YES, WHICH HARDLY IS VOLUNTEERING INFORMATION.
Ito pushes back on Cochran's complaint but still agrees to instruct the witness.
Marcia Clark
WHETHER HE'S RIGHT OR WRONG DOESN'T MATTER. IT'S WHETHER IT'S TRUE OR NOT.
Clark argues Lange's belief about coroner limitations — not objective truth — is the relevant point for state-of-mind purposes.
Lance A. Ito
I'LL SUSTAIN THE OBJECTION BECAUSE IT'S BEYOND THIS GUY'S EXPERTISE TO TESTIFY TO THIS.
Shuts down Clark's line of questioning about coroner procedures entirely.

Notable Exchanges (2)

Marcia ClarkLance A. Ito
Clark attempts to reframe Lange's coroner testimony as state-of-mind evidence rather than truth-of-the-matter, arguing the defense opened the door by impeaching his investigative decisions. Ito cuts her off repeatedly and sustains the objection regardless.
strategic
Johnnie CochranLance A. Ito
Cochran complains Lange is deliberately volunteering answers; Ito is skeptical ('the answer was yes') but agrees to instruct the witness.
procedural

Credibility Attacks (2)

⚔ Tom Lange
bias / professional conduct
Cochran argues Lange is deliberately volunteering answers to get testimony in before objections can be ruled on — characterizing it as a 'routine they've adopted' with the prosecution.
⚔ Tom Lange
expertise challenge
Defense challenged Lange's qualifications to opine on coroner procedures and time-of-death range estimation, which Ito ultimately sustained.

Objections

2 objections (1 sustained, 0 overruled)
Proceeding 5182 • 25 utterances
Criminal Trial
Department 103
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