📄 Sidebar: Cora Fischman — Thursday, March 9, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\9\SIDEBAR-CORA-FISCHMAN.DOC
TRIAL
▲ Day 34 of 167

Sidebar: Cora Fischman

Date: Thursday, March 9, 1995 • Utterances: 6
At sidebar, Cochran sought permission to ask Detective Lange about a statement allegedly made by Cora Fischman, a close friend of Nicole Brown Simpson — that 'If O.J. is not involved in this crime, we're all in trouble' — as part of laying groundwork for a drug-related homicide alternative theory. Clark objected that Cochran was improperly using the People's witness to establish defense case material beyond the scope of direct. The judge ruled it exceeded scope.
1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)
2 MR. COCHRAN:

WITH REGARD -- I WANTED TO COME UP FOR TWO REASONS. WITH REGARD TO CORA FISCHMAN, AS AN OFFER OF PROOF, I WOULD LIKE TO ASK HIM WHETHER OR NOT IN CONNECTION WITH HIS EXAMINATION OR HIS INVESTIGATION REGARDING DRUG-RELATED HOMICIDES, IT WOULD HAVE BEEN RELEVANT TO HIM TO HEAR A STATEMENT FROM ONE OF NICOLE BROWN'S FRIEND, ONE OF NICOLE SIMPSON'S CLOSE FRIENDS THAT, "IF O.J. IS NOT INVOLVED IN THIS CRIME, WE'RE ALL IN TROUBLE," SOMEBODY WHO RAN AROUND WITH HER, VERY CLOSE TO HER. AS AN OFFER OF PROOF, I THINK THE EVIDENCE IS GOING TO BE THAT'S WHAT CORA FISCHMAN AND SEVERAL OTHER LADIES HAD SAID AS EARLY AS THE 13TH. SO I WANT TO ASK ABOUT CORA FISCHMAN, WHAT HE KNOWS ABOUT HER AND ESTABLISH SHE IS A FRIEND. IF THE COURT IS RULING THAT IT'S BEYOND THE SCOPE AND I CAN'T DO IT, I WANT TO FIND OUT NOW -- ASK LEAVE TO MAKE HIM MY WITNESS TO FIND OUT NOW IF WE COULD.

3 MS. CLARK:

WHY DOES HE HAVE TO DO IT IN THE PEOPLE'S CASE AND NOT IN THE DEFENSE'S CASE? MR. COCHRAN WILL HAVE AMPLE OPPORTUNITY TO CALL EVERY WITNESS HE WANTS TO CALL IN HIS CASE. THE PROBLEM WE'RE HAVING HERE IS, WHY WE ARE ON THE EIGHTH DAY OF EXAMINATION OF THIS DETECTIVE IS IS THAT MR. COCHRAN IS ATTEMPTING TO USE DETECTIVE LANGE FAR BEYOND THE SCOPE OF THE PEOPLE'S CASE TO ESTABLISH THINGS THAT ARE HEARSAY, SPECULATION, INNUENDO AND BRING IN STATEMENTS OF ALL THE WITNESSES THAT HE WANTS TO CALL. MR. COCHRAN HAS TO PROVE HIS OWN CASE AND HE HAS TO PROVE IT IN HIS OWN WAY THROUGH HIS OWN WITNESSES AT THE APPROPRIATE TIME, BUT NOT BY CROSS-EXAMINING MY WITNESS. HE'S GOING FAR BEYOND THE SCOPE OF THINGS WE DID IN DIRECT. THE RULES OF COURT EXIST FOR A REASON. MR. COCHRAN WANTS TO TALK ABOUT EVERY WITNESS IN MY CASE IN CHIEF. I THINK HE SHOULD FOLLOW THE RULES OF EVIDENCE AND CALL HIS WITNESSES AT THE APPROPRIATE TIME.

4 MR. COCHRAN:

YOUR HONOR, MAYBE SHE HASN'T LEARNED DEFENDANT DOESN'T HAVE TO PROVE ANYTHING. I'M JUST ASKING YOUR HONOR -- I'M NOT TALKING TO HER. I'M ASKING YOU WHETHER I'M PERMITTED TO DO THAT. THAT'S ALL I'M ASKING.

KEY QUOTE
5 THE COURT:

IT EXCEEDS THE SCOPE.

6 MR. COCHRAN:

IF I CAN'T DO IT WITH THIS WITNESS, THAT'S FINE. THANK YOU, YOUR HONOR.

Temperature

tense

Key Quotes (3)

Johnnie Cochran
IF O.J. IS NOT INVOLVED IN THIS CRIME, WE'RE ALL IN TROUBLE
The statement Cochran attributed to Fischman and other Nicole friends — if admitted, it would suggest Nicole's inner circle believed from the start that OJ was guilty, potentially undercutting the defense's drug-hit alternative theory by showing even her friends pointed to him.
Marcia Clark
MR. COCHRAN WANTS TO TALK ABOUT EVERY WITNESS IN MY CASE IN CHIEF. I THINK HE SHOULD FOLLOW THE RULES OF EVIDENCE AND CALL HIS WITNESSES AT THE APPROPRIATE TIME.
Clark frames the prolonged Lange cross-examination as a pattern of Cochran improperly trying to build his defense through the prosecution's witnesses.
Johnnie Cochran
YOUR HONOR, MAYBE SHE HASN'T LEARNED DEFENDANT DOESN'T HAVE TO PROVE ANYTHING.
Sharp rebuke invoking the presumption of innocence — Cochran reframes his motive as not 'proving a defense' but testing the investigation's completeness.

Evidence (1)

Informal
Statement attributed to Cora Fischman and other Nicole Brown friends, made as early as June 13: 'If O.J. is not involved in this crime, we're all in trouble'
Cochran offered it as proof of what he intended to elicit; excluded as beyond scope

Notable Exchanges (1)

Johnnie CochranMarcia Clark
Clark accuses Cochran of using eight days of Lange cross-examination to smuggle defense witnesses' testimony into the People's case; Cochran snaps back that the defendant has no burden of proof and directs his remarks pointedly to the judge, not Clark.
heated

Objections

1 objections (1 sustained, 0 overruled)
Proceeding 5240 • 6 utterances
Criminal Trial
Department 103
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📂 MAR 9, 1995 📄 Sidebar: Cora Fischman
MAR 9, 1995 KRT DvH TD