📄 Sidebar: publication review — Thursday, March 9, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\9\SIDEBAR-PUBLICATION-REVIEW.DOC
TRIAL
▲ Day 34 of 167

Sidebar: publication review

Date: Thursday, March 9, 1995 • Utterances: 25
During cross-examination, Cochran sought to question a witness about a LaMoyne Snyder publication that the witness had voluntarily mentioned on direct examination the day before. Clark objected that she had not been given adequate time or the full text to review the material before Cochran used it. Ito granted a 15-20 minute recess for Clark to read the excerpts, with Darden suggesting they first confirm with the witness whether it was even the correct edition.
1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)
2 THE COURT:

WE ARE OVER AT SIDEBAR.

3 MS. CLARK:

THIS IS RIDICULOUS. AT THE LAST MINUTE, WE ARE -- I MEAN COUNSEL DIDN'T EVEN OFFER. WE HAD TO ASK FOR A COPY OF WHAT HE WAS GOING TO SHOW THE WITNESS. WE ARE NOW BEING REQUIRED TO READ AND DIGEST IN THE PRESENCE OF THE JURY. COUNSEL OBVIOUSLY HAD THIS SINCE -- COULD HAVE GIVEN IT TO US THIS MORNING OR ACTUALLY LAST NIGHT. AND WE WOULD LIKE THE ENTIRE TEXT, NOT JUST A FEW PAGES THAT HE'S GIVEN US.

4 THE COURT:

IS THIS A FAX?

5 MR. COCHRAN:

FAX. COUNSEL, AS USUAL, DOESN'T KNOW WHAT SHE IS TALKING ABOUT. THIS WITNESS BROUGHT THIS UP IN HIS CROSS-EXAMINATION -- IN HIS DIRECT EXAMINATION, YOUR HONOR, YESTERDAY AS TO BOOKS THAT HE HAS READ. I'M CERTAINLY PERMITTED TO ASK HIM JUST A FEW QUESTIONS, WHICH IS WHAT I WANT TO DO. INSTEAD OF COUNSEL PANICKING, PERHAPS SHE CAN WAIT UNTIL SHE HEARS THE QUESTIONS, FEW QUESTIONS I WANT TO ASK. HE'S THE ONE WHO TOLD ME -- VOLUNTEERED ON THE STAND ABOUT LAMOYNE SNYDER AND IT'S PERFECTLY APPROPRIATE --

KEY QUOTE
6 MS. CLARK:

THE FACT THAT COUNSEL WANTS TO ASK A COUPLE QUESTIONS ABOUT IT DOES NOT MEAN THE PEOPLE ARE NOT ENTITLED TO READ WHAT HE PLANS TO BASE THE QUESTIONS ON. COUNSEL, IF HE'S BEEN PRACTICING AS LONG AS HE SAYS HE HAS, CERTAINLY KNOWS WE'RE ENTITLED TO REVIEW MATERIALS HE INTENDS TO SHOW A WITNESS FOR PROPOSED QUESTIONS. COUNSEL IS SIMPLY VIOLATING A VERY BASIC TENENT OF COURTROOM PROCEDURE. WE ARE NOT PANICKING. WE WANT TO USE THIS FOR OURSELVES. WE NEED THE OPPORTUNITY TO LOOK AT IT FAIRLY. AND THIS IS VERY UNFAIR, WHAT'S BEING DONE. IT'S UP TO THE COURT TO MAKE SURE THAT WE ARE ENGAGING IN FAIR PRACTICES HERE.

7 THE COURT:

MISS CLARK, HOW MUCH MORE TIME DO YOU NEED TO REVIEW THIS?

8 MS. CLARK:

I WOULD LIKE HALF AN HOUR AT A MINIMUM. I HAVE GOT QUESTIONS I'M GOING TO NEED TO ASK ON THIS. IF COUNSEL WANTS TO GO INTO THIS, FINE. THERE'S GOING TO BE A LOT OF REDIRECT.

9 MR. COCHRAN:

THIS WITNESS TALKED ABOUT HE RELIED UPON THIS. HE BROUGHT THIS UP YESTERDAY. I HAVE THE RIGHT TO GO INTO IT, GET IT --

10 THE COURT:

MR. COCHRAN, I DON'T --

11 MR. COCHRAN:

I JUST WANT TO SAY ONE THING, YOUR HONOR. COUNSEL MADE THIS SHRILL KIND OF STATEMENT, YOUR HONOR. THIS IS HER WITNESS. SHE HAS AN OBLIGATION -- SHE'S A TRAINED LAWYER -- TO HAVE THIS PUBLICATION.

12 THE COURT:

IF, MR. COCHRAN, YOU FEEL THAT WAY -- AND YOU DON'T HAVE TO RESPOND TO THAT. YOU ARE ENTITLED TO ASK THOSE QUESTIONS GIVEN THE ANSWERS WE GOT. MISS CLARK IS ENTITLED TO REVIEW IT. IF SHE SAYS SHE WANTS A REASONABLE AMOUNT OF TIME TO REVIEW IT, I'M GOING TO LET HER HAVE A REASONABLE AMOUNT OF TIME.

13 MR. COCHRAN:

THEY ALWAYS WANT --

14 MS. CLARK:

I WOULD LIKE TO HAVE THE ENTIRE PUBLICATION, NOT JUST THIS PORTION. COUNSEL HAS LIFTED OUT JUST A FEW PAGES.

15 MR. COCHRAN:

SHE CAN GET IT FROM THE WITNESS.

16 MS. CLARK:

I DON'T KNOW THAT THIS IS THE -- WE STILL DON'T KNOW IF THIS PUBLICATION IS THE 1953 EDITION.

17 THE COURT:

MISS CLARK, I AGREE THAT YOU ARE ENTITLED TO READ IT. ALL RIGHT. I AM GOING TO TAKE A RECESS RIGHT NOW FOR 15, 20 MINUTES. SIT DOWN, CONCENTRATE, READ IT. I READ IT. IT'S NOTHING THAT'S AMAZING.

18 MR. COCHRAN:

NOT AMAZING, BUT RELIED UPON.

19 MS. CLARK:

NO, BUT THE COURT IS GOING TO HAVE TO PLAN -- FRAME QUESTIONS FROM IT. I LIKE IT. I WANT TO USE IT.

KEY QUOTE
20 THE COURT:

WOULD YOU LIKE ME TO DO IT? I WOULD LIKE TO.

21 MR. COCHRAN:

MAY WE PROCEED, YOUR HONOR, AND FINISH THE WITNESS?

22 THE COURT:

NO. LET'S TAKE A BRIEF RECESS. ALL RIGHT. MR. DARDEN.

23 MR. DARDEN:

YOUR HONOR, I DON'T WANT TO VIOLATE THE TWO-ATTORNEY RULE. I WANT TO JUST ASK HIM IF HE THINKS THAT'S THE VOLUME HE READ. IF IT ISN'T, IT'S MOOT AND WE CAN JUST GO ON.

24 THE COURT:

WE'LL TAKE A RECESS. YOU CAN CHAT WITH THE WITNESS. YOU CAN ASK HIM.

25 MR. COCHRAN:

THANK YOU. BUT SOME OF THIS STUFF -- YOU KNOW, MOST OF THIS STUFF ARE TRUISMS.

Temperature

tense

Key Quotes (5)

Johnnie Cochran
COUNSEL, AS USUAL, DOESN'T KNOW WHAT SHE IS TALKING ABOUT.
Sets the combative tone of the exchange; Cochran immediately goes personal rather than substantive.
Johnnie Cochran
COUNSEL MADE THIS SHRILL KIND OF STATEMENT, YOUR HONOR. THIS IS HER WITNESS. SHE HAS AN OBLIGATION -- SHE'S A TRAINED LAWYER -- TO HAVE THIS PUBLICATION.
Cochran argues Clark should already own the Snyder book since it's her witness, using 'shrill' as a pointed descriptor.
Lance A. Ito
I READ IT. IT'S NOTHING THAT'S AMAZING.
Ito's dry deflation of the entire dispute — he's already reviewed it and is unimpressed.
Marcia Clark
NO, BUT THE COURT IS GOING TO HAVE TO PLAN -- FRAME QUESTIONS FROM IT. I LIKE IT. I WANT TO USE IT.
Clark pivots from objecting to the material to actively wanting to exploit it for redirect, revealing the dispute was as much strategic as procedural.
Christopher Darden
I WANT TO JUST ASK HIM IF HE THINKS THAT'S THE VOLUME HE READ. IF IT ISN'T, IT'S MOOT AND WE CAN JUST GO ON.
Practical intervention — Darden cuts through the argument by pointing out the whole dispute collapses if it's the wrong edition.

Evidence (1)

Informal
LaMoyne Snyder publication (possibly 1953 edition) — a forensic science text the witness had cited on direct examination
Cochran sought to use excerpts for cross; Clark demanded full text for review; edition authenticity unconfirmed

Notable Exchanges (3)

Marcia ClarkJohnnie Cochran
Clark accused Cochran of violating basic courtroom procedure by withholding materials; Cochran countered that Clark should already own the publication since it's her witness who raised it.
heated
Lance A. ItoMarcia Clark
Ito granted Clark review time but capped drama by noting he had already read the material and found it unremarkable.
deflating
Christopher DardenLance A. Ito
Darden proposed a quick check with the witness to confirm the correct edition, potentially mooting the entire sidebar.
strategic

Light Moments (2)

Lance A. Ito
Ito's blunt 'I READ IT. IT'S NOTHING THAT'S AMAZING' after both sides had been arguing intensely over the publication.
Marcia Clark
Clark going from 'this is very unfair' to 'I LIKE IT. I WANT TO USE IT.' within a few exchanges.

Objections

None recorded
Proceeding 5242 • 25 utterances
Criminal Trial
Department 103
⚖️ Start
📂 MAR 9, 1995 📄 Sidebar: publication review
MAR 9, 1995 KRT DvH TD