Sidebar: investigation leads

📄 Sidebar: investigation leads — Wednesday, March 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAR\8\SIDEBAR-INVESTIGATION-LEADS.DOC

TRIAL

▲ Day 33 of 167

◀ Recross-examination of Tom Lange (part 2) Recross-examination of Tom Lange (part 3) ▶

Date: Wednesday, March 8, 1995 • Utterances: 18

Cochran requests permission to cross-examine a witness about what investigative leads were pursued that might point away from Simpson, arguing the prosecution 'opened the door.' Clark objects that exploring specific clues would flood the record with hearsay from anonymous sources. Ito defers the full argument until the jury is excused after lunch, noting he also needs to distribute Internal Affairs Division materials to both parties.

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

# 2 THE COURT:

WE ARE OVER AT SIDEBAR. MR. COCHRAN.

# 3 MR. COCHRAN:

SINCE THEY OPENED THE DOOR, I WANT TO FIND OUT WHAT INVESTIGATION HE'S CONDUCTED SINCE THIS CASE STARTED TO LEAD AWAY FROM MR. SIMPSON, WHAT CLUES HE'S INVESTIGATED. I WOULD LAKE TO KNOW WHAT THEY ARE. SO I WOULD ASK THE COURT --

KEY QUOTE

# 4 THE COURT:

ANY OBJECTION?

# 5 MS. CLARK:

CAN I HAVE A MOMENT, YOUR HONOR?

# 6 THE COURT:

SURE.

# 7 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)

# 8 MR. COCHRAN:

THEY OPENED THE DOOR.

# 9 THE COURT:

BUT STRATEGICALLY, MAYBE THEY WANT YOU TO GO INTO IT.

KEY QUOTE

# 10 MR. COCHRAN:

MAYBE I WON'T THEN, YOUR HONOR.

KEY QUOTE

# 11 MS. CLARK:

LET ME TELL YOU, YOUR HONOR, THE PROBLEM WITH HAVING COUNSEL GO INTO THE SUBSTANCE OF THE CLUES IS THAT IT'S ALL GOING TO BE HEARSAY AND AN ANONYMOUS SOURCE. WE HAVE VOLUMES AND VOLUMES AND VOLUMES OF CLUES. WE ARE GOING TO -- JUDGE, YOU ARE GOING TO -- WE'RE GOING TO BE HERE A WEEK WHILE HE TESTIFIES TO EVERY HEARSAY STATEMENT THAT WE HAVE.

# 12 THE COURT:

I THINK WHAT WE NEED TO DO IS DISCUSS THIS MORE FULLY ON THE RECORD BECAUSE I THINK I NEED TO KNOW WHAT WE ARE GOING TO GO INTO. I WANT THE TEXT. I DON'T WANT TO DO THAT WITH THE JURY HERE. SO --

# 13 MR. COCHRAN:

ALL I WANT TO DO IS ASK -- AND WE CAN DO IT -- I CAN ASK OTHER THINGS. I DON'T WANT TO WASTE ALL THIS TIME. I THINK THE COURT SHOULD ALLOW ME TO PURSUE ALL THESE CLUES. NOW I'M PRECLUDED FROM ASKING ABOUT THE CLUES.

# 14 MS. CLARK:

ASKING WHETHER HE DID AN INVESTIGATION INTO CLUES IN THIS CASE OPENS A DOOR TO ALL THE HEARSAY AS TO THE SPECIFIC CLUES THAT WERE GIVEN. I MEAN HOW CAN THAT POSSIBLY BE TRUE?

# 15 MR. COCHRAN:

THEY BROUGHT THIS OUT. I SHOULD BE ALLOWED TO ASK SOME QUESTIONS. WE DON'T NEED A HEARING FOR THAT.

# 16 THE COURT:

I TAKE IT -- I APPRECIATE THE FACT YOU WANTED TO COME OVER HERE AT SIDEBAR AND DISCUSS THIS, AND WE WILL DISCUSS IT IN GREATER DETAIL; HOWEVER, NOT WITH THE JURY SITTING HERE IN THE BOX. WHY DON'T YOU PROCEED WITH SOME OTHER MATTERS, AND WE'LL TAKE THAT UP WHEN WE HAVE -- AFTER WE HAVE THE JURY EXCLUDED FOR THE MORNING SESSION, ALTHOUGH I HAVE THE OFFICERS NOW FROM -- BACK FROM INTERNAL AFFAIRS. AND SO I NEED TO TURN THOSE MATERIALS OVER TO BOTH PARTIES. SO WHEN WE -- WE'RE GOING TO BREAK ABOUT FIVE MINUTES EARLY. I HAVE A MEETING AT 12:15 THAT I HAVE TO GET TO. BUT I WANT TO PUT ON THE RECORD THAT MATTER YOU WANTED TO TALK ABOUT BEFORE WE CAME DOWN. I WANT TO PUT ON THE RECORD THE IAD IS HERE TO COMPLY WITH THE DISCOVERY ORDER, AND THEN WE'LL BREAK. BUT WHEN WE COME BACK AT 1:30, WE'LL GO INTO THIS BUSINESS ABOUT CLUES.

# 17 MR. COCHRAN:

THANK YOU, YOUR HONOR. WE'LL COME BACK, AND THEN I CAN -- WHY DON'T I JUST COME BACK TO THIS AREA OF THE CLUES. I'LL COME BACK TO THAT AFTER LUNCH. LET'S DO THAT.

# 18 THE COURT:

ALL RIGHT.

Temperature

procedural

Key Quotes (4)

Johnnie Cochran

SINCE THEY OPENED THE DOOR, I WANT TO FIND OUT WHAT INVESTIGATION HE'S CONDUCTED SINCE THIS CASE STARTED TO LEAD AWAY FROM MR. SIMPSON, WHAT CLUES HE'S INVESTIGATED.

Cochran invokes the 'opening the door' doctrine to pursue alternative suspect leads through cross-examination.

Marcia Clark

WE HAVE VOLUMES AND VOLUMES AND VOLUMES OF CLUES. WE ARE GOING TO -- JUDGE, YOU ARE GOING TO -- WE'RE GOING TO BE HERE A WEEK WHILE HE TESTIFIES TO EVERY HEARSAY STATEMENT THAT WE HAVE.

Clark's hearsay objection reveals the prosecution received an enormous number of tips — while also implying they largely did not pursue them.

Lance A. Ito

BUT STRATEGICALLY, MAYBE THEY WANT YOU TO GO INTO IT.

Ito candidly warns Cochran the prosecution may be baiting him into a tactical trap.

Johnnie Cochran

MAYBE I WON'T THEN, YOUR HONOR.

Cochran immediately pivots after Ito's strategic warning, showing flexibility.

Evidence (2)

Informal

Internal Affairs Division (IAD) materials being produced pursuant to a discovery order

discussed — Ito notes IAD officers are present to comply with discovery, materials to be distributed to both parties

Informal

Investigation leads and clues pointing away from Simpson — described as 'volumes and volumes' of tips, largely from anonymous sources

disputed — Cochran seeks to explore via cross-examination; Clark argues all are hearsay

Notable Exchanges (2)

Lance A. Ito•Johnnie Cochran

Ito warns Cochran that the prosecution may strategically want him to pursue the clues line of questioning, prompting Cochran to immediately back off.

strategic

Johnnie Cochran•Marcia Clark

Cochran argues the prosecution opened the door to alternative investigation leads; Clark counters that pursuing specific clues would generate a week of inadmissible hearsay testimony.

procedural

Objections

None recorded

Proceeding 5209 • 18 utterances

Criminal Trial

Department 103